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.

APPENDIX, Part I. Containing an Account of Transactions in both Parts of the United Kingdoms, sub|sequent to the UNION; being an Abridg|ment of the several Alterations made in the Laws, Trade, Customs, and Consti|tution of both Kingdoms by the Union.

THe Union was no sonner Concluded, and the Ratifications Exchanged, as has been said, but an unlucky Business hap|pened, that opened afresh the Mouths of those that had all along watched Occasions for that purpose, and furnished them with matter of new Clamour. The particulars are as follows;

The Time when the Union was to take place, was the first of May, after which, by the Fourth Article of the Treaty, the Sub|jects of either Kingdom were to have a free Intercourse of Trade, to enjoy equal Privileges, and were to be upon an equal Foot as to Taxes, Customs, Duties, Prohibitions, &c. as by Words of the Treaty, viz. Article 4th.

That all the Subjects of the Ʋnited Kingdom of Great-Britain shall, from and after the Ʋnion, have full Freedom and Intercourse of Trade and Navigation, to and from any Port or Place within the said Ʋnited Kingdom, and the Dominions and Plantations thereunto be|longing; And that there be a Communication of all other Rights, Pri|vileges and Advantages, which do, or may belong to the Subjects of ei|ther Kingdom, except where it is otherways expresly agreed in these Ar|ticles.

But in the Interval of Time, between the finishing of the Treaty and the first of May, all Things by Consequence remained as they were, and all Merchandizes being Imported into Scotland upon the Foot of the former Customs, which were much Lower than in England, the Merchants in both Kingdoms laying hold of that Advantage, for their private Gain, Fraughted abundance of Ships in France and

Holland with all sorts of Goods, which payed high Duties in Eng|land, Landing them in Scotland, and paying only the Scots Dues, presuming that after the first of May, they should be sent Free to England, according to the general Article of Freedom of Com|merce.

To let the Reader more Exactly into this Case, I shall state the difference of the Duties of some of the several Commodities, which being thus Imported into Scotland, were after to be carried into England; such as, Wines, Brandies, Salt, Lintseed, Iron, Timber, Deals, &c being the chief kinds of Goods Imported in Scotland, and which the Duties were most Complained of.

Besides this, it is to be observed, That the Customs of Scotland being Let in Tack, as they call it in Scotland, or in Farm, as in England, the Tacksmen or Farmers, to Encourage the Merchants to make large Importations, made several Compositions and Abatements to them less or more, according as the Quantity of the Goods Imported, Encouraged, by this means the Customs were still reduced, and yet the Farmers of the Customs made great Gain of that Interval of Trade.

Another Article of the Contrivance of the Merchants on this Head, was in England, upon the Drawbacks on Foreign Goods Imported there, and Exported again by Certificate.

And this indeed was less Honest by far than the other, tho' both of them Politick enough; and, which was thought, had slipt the Notice of the Treaters on both sides, during the Negotiating the Treaty.

The Exporters in this Case, sent Goods from England to Scot|land by Certificate, drawing back the Duties paid on their Import in England, as being sent to a Foreign Country: After the Union the Kingdoms becoming One, it was by the Treaty left open for them, to carry the same Goods back into England, and Sell them there, as if they had paid the Duty.

The principal Article this Circumstance relates to, was Tobacco, which paying a large Duty of near Six Pence per Pound in England, above Six Thousand Hogsheads as I have been told, (Some have said much more, even to double the Quantity, but I choose to relate the lowest Number,) was sent into Scotland, and 5 per Pound of the said Custom drawn back by the Merchant.

I need not acquaint the Reader, That the Exporter was both bound in a Bond with Securities, and also Sworn against the Re|landing or returning it into England again; But as the Union gave a free Intercourse of Trade, i. e. Exporting and Importing to and from the respective Kingdoms, without paying any Duties, or any Molestation whatsoever, so their Bonds seem'd to be of no Value in that Case; But whether the Oath was of no Value to them, is ano|ther Affair, and not for me to Determine here.

It is evident, the Tobacco was sent to Scotland in Quantities, so much above the usual Consumption of that Country, that it

could rationally be esteemed to be with no other Prospect, than of Returning it into England again after the Union, and so to obtain the Advantage of the Drawback.

In like manner it is evident, the great Import into Scotland of Wines and Brandy from France, either directly, or by way of Hol|land, was so much beyond the ordinary Consumption of the Place, that it could be with no other End, than the carrying it into Eng|land after the Union should take place, nor did the Merchants stick to owne that to be in the Design.

The Merchants in London, especially such as were concerned in the Trade to Spain, Italy and Portugal, and consequently had the greatest Injury, made loud Complaints of this, as an Intolerable In|equality, and a Thing so Unjust that they made no doubt to con|cern the Government in it, and the Parliament being then sitting, they Addressed the House of Commons for Relief.

Their Address was followed with Numerous Solicitations, they even wearied the Members, the Secretaries of State, and every Body, that they thought would Espouse their Cause; that as some have Expressed it, They almost drove the House by the Force of their Clamours, upon a Debate of a Thing, which most People thought they had really no Power, at least no Reason, to meddle with.

The Parliament then sitting was the same, which had in Concert with the Parliament of Scotland, made this Union; And it could not seem Reasonable, That the Parliament of England in its separate Capacity, could be Qualified to Explain any part of the Articles, which were then Ratified and Recorded in both Kingdoms, and neither Parliament could Determine in Things belonging to the other, any more than they could have done before the Treaty.

However this was, the House of Commons went upon it, great Application being made by the English Merchants, and after some Debate, came to this Resolution.

Resolved,

That the Importation of Goods and Merchandizes of the Growth and Produce of France, and other Forreign Parts into Scotland, in order to be brought from thence into England after the first of May, and with Intention to avoid the payment of the English Duties, will be to the Damnage & Ruine of the Fair Traders, to the Prejudice of the Manufactures of England, a great Loss to Her Majesties Revenue of the Customs, and a very great Detriment to the Publick.

And in pursuance of this Resolution, a Bill was ordered to be brought in, the Enacting part of which I have Annexed to this Work, in the Appendsx N^o. C (3). The Title of it was as follows.

A Bill to prevent the Mischiefs of a Fraudulent Practice, in obtaining Drawbacks for Goods carried from England to Scotland,

in order to be brought back again; and in carrying Goods from For|eign Parts into Scotland, in order to be brought into England, without paying the English Duties, and for better securing the Du|ties of Goods brought from the East Indies, was (according to order) read a second time, and committed to a Committee of the whole House.

This Bill past all the usual Forms in the House of Commons, and went up to the Lords, but after long Debate in the Ʋpper-House, the Lords rejected it.

It's true, that upon the Petitions and Representations of the Scots Merchants, there were long Debates, and great Difficulties in the pas|sing this Bill in the House of Commons, and the Scots demanding by the Letter of the Treaty a free Intercourse of Trade, alledged they could not be refused the importing of any Goods out of Scotland into England, which were not by Law Counterband in Scotland before the said Treaty, since having been fairly admitted to an Entry in the Cu|stom-house of Scotland, and all the Duties which were demanded be|ing paid, the free Intercourse of Trade between the Nations immedi|ately opened all the Ports of England to their Goods.

This Argument was too Powerful and too Plain not to have its Weight in the House: But to solve this, there was an Exception put in to the Bill for the Property of Scots Merchants, as a thing which would effectually remove their Scruples, and answer the End both of the Union one way, and of the Portugal Merchants another; For the Complaint seemed to ly not so much against the Freedom of Scots Merchants importing their own Goods, but of Forreigners, Dutch, French, Jews and English, who under the cover of Scots Men had crouded in vast Quantities of Wine and Brandy, meerly to evade paying the English Dutie, taking the Advantage of the Interval of Time, and thereby bringing their Goods to Market upon Terms vastly diffe|ring from the course of Trade.

To prevent this, the Act was to provide, that all the Properties of the Scots Merchants should be exempted, and be allowed to come to England, but this was restricted in point of Proof. (1.) The onus Probandi lay upon the Merchant, in which many Niceties occurred needless to be mentioned here. (2.) None were to be reputed Scots Merchants but such as resided in Scotland, this excluded the Scots Merchants at London and in Holland, who were deeply Embarke in these Importations, and on whose Management the chief part of the Design was charged. (3.) The Proof of the Importations and Properties lay before the Commissioners of the Customs, and it was doubtful how it should be determin'd.

Under all these Difficulties, with other Restrictions needless here, this first Act struggl'd and past the Commons, and yet it was thought also, that had the Scots been fairly excepted they would have been well enough pleased with such a Difference, and they would have had some reason to have been so; Nor was the Exception of For|reigners altogether unreasonable, the thing being really a Fraud in

Trade, and a Hardship upon the fair Traders: But the main Ob|jection turn'd upon another Point, viz. The Power the Parliament of England alone could have to Determine, Construe, or Explain any one of the Articles of the Ʋnion, which being made by the Concurrence of the two respective Kingdoms, could not be subject to the Cognisance of either Parliament in its separate Capacitie, and upon this Head the Lords rejected the Bill. And this being the main thing in my Obser|vation, on which the whole Case depended, I have purposly omitted the Reasonings on that Article on either side, which were very many, referring my Reader to the Substance of the Address of the Scots Merchants to the House of Lords, and to an Observation made by an eminent Member of the Parliament, which I have added in the Ap|pendix, in order to leave this Case as clear to Posterity as is possible, marked N^o (D3.) and N^o (E3.)

However it was absolutely necessary if possible to bring this Affair to some Conclusion, and in order to this the Parliament at that time draw|ing near an end, for they could sit no longer than the last of April, the Union commencing the 1st. of May, wherefore it was thought expedient to give the House a short Recess, that this matter might come again upon the Stage, whereupon the Queen prorogued the Parliament for three days only, and in a short Speech made them acquainted with the Reason of it, viz. In order to find out an Expedient to prevent any Mischiefs arising to either Kingdom in the short Interval of time between that and the Commencement of the Ʋnion.

When the House met again, the Commons began again and voted to the same purpose as before, and ordered a Bill to be brought in in the same terms as before.

The Vote of the House of Commons ran thus;

That the Importation of sundry Goods of the Growth of France thro' Scotland into England, with design to avoid paying the Duties payable for the same in England, is a notorious Fraud, ruinous to the fair Tra|ders and injurious to Her Majesties Revenue.

Ʋpon this Vote the Merchants at London renewed their Clamours, and all Methods possible were made use of to bring the Parliament in|to it; The Government would willingly have foundout some Expe|dient to have softned the general Complaint, and to have prevented the Injury to the Revenue, but all Mediums were found imperfect, and the House of Lords persisting in the first Scruple, it fell to the Ground.

While this was transacting, the Merchants went on with their Importation, and tho' the Quantity did not amount to what had been alledged would be brought in, yet it was a very great Quantity indeed, and the Damage to the Revenue in England, appears by the follow|ing Calculation.

There were not some wanting in either Kingdom, who expected to make early Objections against this proceeding, as a Breach of the

Union on the English side, and had the Act past, tho' with the ut|most Precautions, discovered that they would have improved that Suggestion to the utmost, and yet it was observable that none were so forward to approve of the Act of Restriction as some Gentlemen who declared their Aversion to the Union, and their willingness to have it dissolved again.

Whatever Loss therefore the Government received by this Affair, they avoided the Stroke it would have given to the Union and the Enemies of the Treaty lost the Opportunity of saying it was broken.

The first of May being arriv'd, the Scots Merchants began to apply themselves to the Government for the Settlement of this Matter, and the Importation of their Goods to England; This held a long De bate, and took up a great deal of time, however the Scots shipped their Goods, took Certificats in Scotland of their being fairly im|ported there before the first of May, and tho' after many Hesitations and Delays, about the middle of June the Fleet sailed for London, consisting of about 40 Sail mostly loaded with Wine and Brandy:

As soon as they arrived in the River of Thames, the Custom-house Officers made a general Seizure both of Ship and Goods; and all was put to a full stop.

This perplex'd the Merchands very much, and loud Clamours were made of it in Scotland, as a Breach of the Ʋnion; The Royal Bor|roughs in Scotland held their Convention upon this Affair, and the Merchants concerned in the said Ships presented a Petition to them, which because it relates the Complaint in express terms, and for the Information of those People in England, who do not particularly un|derstand the Methods there, I insert at large in the Appendix.

It may be observed that the Royal Burghs in Scotland have their Meetings on emergent Occasions, for the Regulation of Trade, and settling their own Affairs, besides their Annual Meeting.

The Merchants of Scotland generally speaking are all Free-men of some one or other of these Burghs, and there hapning to be a Con|vention or Meeting as above at that time, the Merchants presented to them their Petition, intreating them to represent their Case to the Queen, setting furth their Grievances, this Petition you will find in the Appendix N^o A. (3.)

Pursuant to this Petition, the Convention of Burroughs represented their case very earnestly to the Government, by the means of the Scots Secretarys of State then at London—their Address I have also placed in the Appendix to this Work N^o B (3)

And thus the Case was wholly referred to the Queen and Council.

It was thought hard indeed that the Ships should not be suffered to unlade, the Season being Hot, and the Wines exposed to spoil; But there was no immediate Remedy, the Custom-house Officers could not possibly do otherwise, for this Reason: Had the Debate been, what Duty they should pay, they might have suffered them to un|lade into the Queens Ware-houses, and have detained them there till such Duty had been paid; But the Trade of France being universal|ly

Prohibit by Act of Parliament, they could not be admitted to an Entry, but were all Forfeited, both Ships and Goods.

The Government willing, if possible, to give the necessary Relief in this Exigence, the Attorney General, and all other Judges, whose Advice was necessary, were required to give their Opinion, but they differ'd in their Judgments so much, that no Resolution could be made in it.

However, that the Merchants might be made Easie, it was pro|posed to them, That they should Land their Goods, upon Condi|tion, that they gave Security to stand to the Judgment of the Bri|tish Parliament; This was thought but reasonable, and some com|plyed with it, and had their Ships Unloaden: Others refused such Securities, and their Goods lay longer, and suffered more.

At length a Medium was found out, which was, to let all the Merchants have the possession of their Goods, serving the Possessors of the Goods with a Writ of Devenirunt out of the Exche|quer—; This is a kind of Write which puts the Matter in a Form of Prosecution only, that in case of further occasion, the Queen might recover her Dues, and so the Merchants had their Goods, and the Decision of it was left to Time, and to the British Parliament.

Thus it continued in a Course of Law, tho' not under prosecu|cution, till the Meeting of the British Parliament, when by a Vote of the House of Commons, the whole Affair was Discharged, and all prosecutions ordered to be stopt, of which hereafter. Mean time the Clause in Parliament so much struggled about, you will find in the Appendix to this Work, N^o C (3)

Thus ended this difficult Matter, in which is to be Noted the Exactness of the House of Lords, and Tenderness in respect to the Union, which delivered us from the Apprehensions of an Invasion upon the Articles; and notwithstanding the Damage done to the Revenue, which was finally sacrificed to the Ease of the Peoples Minds, the whole Claim was let fall.

It may be thought it had this Use, however, that the Difficulty which appeared in it, Checkt the Quantity of the Goods that would otherways have been brought in, which would have been Intole|rable, and some thought this was part of the Design in it.

while this was Transacting, the Government began to take the State of the Nation into their Consideration, in order to settle Things conform to the respective Constitutions, and yet to put the Union as far in Practice as the General Circumstances would admit; And this took up the most part of the Time between the first of May, when the Ʋnion took place, and the Sitting down of the first British Parliament, nor was the Thing without its Difficulties, as will appear in the several Articles following.

• 1. The Customs.
• 2.—The Excise.
• 3. The Equivalent.
• 4. Petty Justice.
• 5. The Forces and the Coyn.

Previous to these Particulars, it is requisite to observe, That the Administration of publick. Affairs was left to remain as before, in the Ministry of a Privy Council, a Treasury, a Chancellor, and Two Secretaries of State, with all other Dependents and Substitutes as before.

This the Queen thought fit to Order, not only, because the Weight of Business was too great, and the particulars too Nice, and of too much Consequence to suffer a sudden Change, which would have made large Intervals in the Course of Administration, put a stop to the publick Business, and Influence private Persons Affairs also. But as the Queen has always thought it best, in such Cases, to take Advice of Her Great Council the Parliament, a Hap|piness we have often Complained for want of in former Reigns; So it was referred to the Sitting of the British Parliament, that it might be settled, to the Satisfaction of the Nation, by the Advice of their full Representative.

Thus the Civil List remained as it was, the Army was sub|sisted upon the old Establishment, and paid from the Cess granted by the Parliament of Scotland, as far as it Extended, the Defici|ency was left to the Parliament of Britain to supply, as appears by the Act of Parliament granting the Cess.

On the first of May One Thousand Seven Hundred and Eight, the Army received their pay from London, the Regiment of Foot Guards was received as English Guards, and the Command of them given to the Marquiss of Lothian as Colonel; The Guards were Clothed after the English manner, I mean, as the English Guards, and the whole Establishment of the Forces received their Regulati|ons and Pay from the British Government.

But two Things required an immediate Application, viz. The Customs and Excise, for these being to be Established upon a new Foot, viz. According to the Articles, and to Commence precisely on the first of May, it was absolutely necessary that they should be first settled.

The same Reasons made it absolutely necessary to bring down some Englishmen, to supply Inferiour Offices, both in the Customs and Excise, at least, till proper Persons might be found, or In|structed to Act without them.

It was thought at first, That as Scotland being United to England, the whole United Kingdom coming under one Denomination, and under one Method of Government, so the Revenues should become

united in one general Collection, that the Customs should be manag|ed by the Commissioners at London, and under them only by Collec|tors and other Officers in the respective Ports in Scotland as it is in En|gland, all subservient to, and under the Government of the Commis|sioners at London, and the like in the Excise.

But the Business appeared too weighty and embarrast with too many Difficulties to admit of such a Conjunction, and indeed were I to enter into an Historical Account of the Labyrinths which the first Settlement of these Duties led the Managers of them into, what Dif|ficulties they met with, what Clamours were raised at their Conduct, however impartially they endeavoured to act, it would look as if I were going to Write of persons instead of relating things, and that is none of my business here.

It will be enough here to touch the matters of Fact, by which it will appear, both that the Government proceeded in the best Me|thod, in puting the Customs and Excise into a distinct Management in Scotland; And also, that the Commissioners of both shewed they wanted neither Judgment or Application in a Settlement so speedy under such perplext Circumstances as they found these Revenues in at first.

The Commissioners named for the Management of the Customs were as is noted, Three English-men, Two Scots-men.

• English-Men.
  • Sir Alexander Rigby
  • James Isaacson Esq.
  • Lionel Norman Esq.
• Scots-Men.
  • Sir Robert Dickson Baronet
  • Mr. Will. Boyle Bro. to the E. of Glasgow.

The whole Extent of the Kingdom lay before them and they had not only new Officers to place in the respective Ports, but they had all their old Officers to instruct in the new Methods, Customs and Manner of securing and accounting the respective Duties.

This obliged the Government, even before Commissioners were named, and before the time for the new Collection began, to di|rect five persons from England, experienced in the Methods and Ʋ|sage of the Customs, to go down into Scotland, to put them into some manner of Order as to Exports and Imports, especially of Goods to be passed between the two Kingdoms when the Union was to take place, and of Imports which might happen before the Commission came down; As also to Regulate the Collection of the subsequent Duties, secure the Payment, and instruct the Officers; And this was about the latter end of April.—If the Disorders these Gentle|men found the Custom-house in, the Confusion of Method and Remis|ness of Practice was material to note in a History, it would take up a large Discourse here, and make the necessity of a new modelling the Custom house more distinctly appear.

These Gentlemen, tho' it was impossible to build any thing upon the Method they found things in, yet by their Diligence and Appli|cation

brought them to a little of a Form, and prepared them the bet|ter for the Regulations which were to follow.

These were the following Persons.

• Mr Lionel Norman, (since one of the Commissioners,) from the Cu|stom-house—at Berwick.
• Mr. Jessop Boughton, since Secretary of the Customs, from the Custom-house—at London.
• Mr. John Colquit, since Collector at Leith—from Chester.
• Mr. John Sewell.—from Carslisle.
• Mr. Warwick Arthur—from Burlington.

The first Clamour I meet with against these proceedings, was, the filling all the Commissions up with English Men and Strangers, and I mention it, not that it was a real Ground of Complaint, their Num|ber being not one fifth Part of the whole, as appears by their Esta|blishment; But to remark how readily every thing was laid hold upon to reproach the Ʋnion, as being either originally designed for, or consequentially improved to the particular Advantage of the English separately considered.

Now altho' the small Number of English imployed in the Customs, were a sufficient Answer to the Objections, and a full Justification of the English Government in that Case; yet it is a more clear Defence when it is considered that it was impossible to introduce the new Method of collection, the Rules of their keeping their several Offices, and their Accompts, which were all now to be done after the English Manner, without the Assistance of Officers from England, who had been bred up to the same Business, and were absolutely Masters of the Methods practised in England: of which by it self.

But to return to the Question, I mean the necessity of a separate Collection of the Customs and Excise in Scotland, it will further appear in reflecting on the Proceedings of the Officers in the prosecution of their new Methods.

For First, the People finding the Duties on French Goods so ex|travagantly high, that the stealing the Customs was more worth their while than usual, sell upon that Practice with so much eagerness, that it was not in the power of the Custom-house Officers at first to sup|press it; At, several places they practised it so openly, and with such assurance, that when the Officers had made their Seizures they were dri|ven from them by the Rabbles, and the Goods attempted to be taken from them by force, & a Fleet arriving from Holland about the Months of August or September after the Union, it was thought that several thousand small Casks of Brandy were conveyed secretly on Shore, which it was impossible to prevent: But of this I shall be more particular by and by.

It was time therefore to take new Methods, and the Commissio|ners

Applying themselves to the Government in this Matter, Soul|diers were appointed to Defend the Collectors, as occasion should offer, and the Persons who had Resisted, as above, were Seized, and ordered to be prosecuted; I might give a long History here, of the Frauds and Violences put upon the Government, in the matters of the Customs, by which whole Ships Loadings of Goods were at|tempted to be put on Shore, without paying the Custom; But this is enough to make it plain, what Occasion there was of a strict and exact Management in this Affair, and consequently of a se|parate Commission.

The Business of the Customs also in Scotland, had been under a Management quite different from that in England; the Commissio|ners sound the Trade small, the Officers few, and Discouraged, their Salaries small, and the Extent of the Ports vastly large; So that of that small Business there was in the Nation, much of it was carried on by the Clandestine Management of the Merchant, and tho' the Farmers or Tacksmen did their utmost, with the Officers they had, yet it was impossible to prevent the Running great Quantities of Goods.

If this was a General Practice before, much more was it so now, when the Sweetness of it was Tasted by the Merchants after the Union, when the Duty of Wine and Brandy, was about Five times to Eight times as much as it was before. This added to the Inconveni|encies the Custom-House at first laboured under, made it impossible to put a stop to the Irregular Practice of the Merchants, the Firths of Forth and Clyde, are known to be very large, and the whole Kingdom full of Creiks, Coves, Harbours and Bays, that unless a little Army of Officers had been maintained, it was not possible they could easily check the running Goods on Shore, where there was so great a Temptation and Opportunity.

But in order to Rectifie this as much as possible, Riding Officers were appointed to Survey the Coast, these were Useful to observe the Officers, that they did their Duty, and withal, to Inform the Commissioners of what happened, to Regulate the Ports, and Di|rect the fixing Officers in proper places.

These consisted of Four general Riding Surveyors, who dividing the whole Kingdom in proper Districts, had Twelve Riding Officers under them. Three to each Surveyor, these were subject to the Or|ders and Inspection of the first Four, and all subject to the General Orders of the Commissioners themselves, as they found occasion; Nor did the Commissioners themselves stick, as they found the Ser|vice required it, to take a personal Inspection into the Business of the Customes at their first Planting, frequently making long Jour|neys themselves, to Visit the Coast, and Rectifie such Abuses as they found requisite, which tho' not usual, they made no Difficulty to do, at the first Settlement of this nice Branch of the Revenue.

Several Cruising Vessels also & small Boats were built, For the Custom-House Officers were intirely without them before, by which they were

able to Visit and Search Ships as they appeared, at any Time, in the Sea, off of the Ports, or in all the Creiks and Rivers as there was occasion—; for want of which, it was frequent|ly practised, for Ships to appear at a distance, make Signals for their Confederates, who came off in Boats, and so delivered the Goods they designed to Run, before they came into Port; These Boats particularly in the Firth of Forth, having the whole Firth to Range in, had their appointed Signals also on the Shores, where|by they never failed to have Notice, if the Officers appeared, and could shift from Port to Port, or from one side of the Firth to the other, till they had a clear Port to Land in; and the Custom-House Officers might have the Satisfaction to stand on the Shore, and look on, but having no Vessel or Boat to go off in, could not pre|vent the Fraud.

But this was intirely prevented by the Vigilance of the Com|missioners, who placed their Cruising Vessels in proper Stations on the Sea, and their several smaller Boats in the Rivers, Creiks and Ports; and these concurred together with the Riding Officers and Surveyors on Shore, who, in their constant Circuits, answered ex|actly by Land, what the said Vessels did on the Sea—; By the Exactness of this Method, the Affair of the Customs presently came into Form, and Things looked with a new Face in Trade, to the Satisfaction of Fair Traders, and the better Collecting and securing the Duties.

And for the better Explaining the particular Management of the Customs in Scotland as to this Point, and giving a Proof of what I have Noted as above, I have added a brief Scheme of the several Stations of the said Cruisers by Sea, their appointed Business, and Original Coasts, together with the Stations of the Riding Officers on Shore, which will be found Appendix Part 11. N^o. (R x x, S x x.) and to which the Reader is referred; a Scheme also of the Difference of several Duties before and after the Union, from which the Encouragement for these Disorders were drawn; These you will find Appendix Part 11. N^o. (T x x, V x x, X x x.)

I have been the longer on this, as well to give the true Reasons, why it was absolutely necessary to place English Officers in Scot|land, in order to Regulate the Collection, as why it was absolute|ly necessary to have a distinct Commission in Scotland, and this will always hold to be a Reason for such a Method; It being Im|practicable, that all the variety of Cases which shall happen there, should be Determined by the Board at London, or left to the Arbi|trary Decision of single Collectors; And this was one Reason among others, why the Parliament found it necessary, to have a Court of Exchequer Established in Scotland, in which all the Seizures, Confiscations, and Pleas between the Merchant and the Custom-House Officers, should be Determined, since it would have been an insupportable Grievance, both to the Queen as well as to the Subject; to the first, to have had such Pleas be Determined in the Ordinary Methods of the Law. And to the second, to have been

obliged to Defend themselves in England, whither Witnesses must have been sent, and the Defendants have been bound to have ap|peared upon every trifling Occasion; Of which by it self.

As the Customs were thus necessarily put under a separate Col|lection, so was the Excise—; that Branch of the Revenue was not without its Difficulties, and as there would be every day Nice|ties and Difficulties arising, which no Government could Foresee; So it would have been too great a Neglect of Scotland, to have put the Determination of that whole Branch of the Revenue, into the Hands of single Collectors.

Again, the Disputes in the Excise in England, being referred wholly to the Justices of the Peace, and at the first settling this Duty, there being no Justices of the Peace settled in Scotland, it would too much have Exposed the Subject, to have left them to the Arbitrary Decision of Inferiour Collectors, and too much have Exposed the Government to have left the Queen, without a due Power to have secured the Revenue.

But there was yet other Reasons, which made the Establishing separate Commissions in Scotland for the Revenue, as above, to be absolutely necessary, and this was the Eighteenth and Nineteenth Articles of the Union, which appointed the Laws of Scotland to remain in Force as they were—; One Consequence of this Ar|ticle, was, That all the Pleas of the Crown, as well as all Matters of private Right, became Cognoscable only in Scotland, and to be Judged by what was before, or was now to be Deem'd, the Law of Scotland.

Hence it appeared absolutely necessary, to have Two new Courts Erected in Scotland, That is to say, New in Method, tho' not in Name, viz. a Court of Admiralty, and a Court of Exchequer; The first to Determine Maritime Disputes, the other, such as related to the Receipt of the Revenue, as Seizures, Forfeitures Penal|ties, Crown Lands, Leases, Grants, Patents, &c. and whatever De|mands the Sovereign had upon the Subjects.

It was expresly stipulated in the Twenty Fourth Article of the U|nion; That a Seal in Scotland after the Ʋnion be always kept and made use of in all things relating to private Rights or Grants, which have usually passed the Great Seal of Scotland, and which only concern Offices, Grants, Commissions, and private Rights within that King|dom; And that, until such Seal shall be appointed by Her Majesty, the present Great Seal of Scotland shall be used for such Purposes; And that the Privy Seal, Signet, Casset, Signet of the Justiciary Court, Quarter-Seal, and Seals of Courts now used in Scotland be continued.

By this Clause, all Grants, Patents, Commissions, &c. were ne|cessarily to be past in Scotland—; By this Clause also it became ne|cessary, that there should be a distinct Keeper of the Seal, and a distinct Keeper of the Signet in Scotland, tho' there was but one Lord Chancellor.

Again, by the Eighteenth Article, it was expresly stipulated; That the Laws concerning Regulation of Trade, Customs, and such

Excises, to which Scotland is, by virtue of this Treaty, to be lyable, be the same in Scotland, from and after the Ʋnion as in England; And that all other Laws, in use within the Kingdom of Scotland, do after the Ʋnion, and notwithstanding thereof, remain in the same Force as before, (except such as are contrary to, or inconsistent with the Terms of this Treaty) but alterable by the Parliament of Great-Britain, with this Difference betwixt the Laws concerning Publick Right, Policy, and Civil Government, and those which concern private Right; That the Laws which concern publick Right, Policy, and Civil Government, may be made the same throughout the whole united Kingdom; But that no Alteration be made in Laws which concern private Rights, except for evident Ʋtility of the Subjects within Scotland.

This drove the Treaters to the absolute necessity of Forming all those Particulars of the Nineteenth Article, which are but the Ex|planation of the Eighteenth; That the Court of Session, or Colledge of Justice, do after the Ʋnion, and notwithstanding thereof, remain in all time coming within Scotland as it is now Constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Ʋnion.

This settled the Laws of private Right; Then the Court of Ad|miralty comes, as a Consequence of the second Clause, as follows; And that all Admiralty Jurisdictions be under the Lord High Admiral or Commissioners for the Admiralty of Great-Britain for the time be|ing; And that the Court of Admiralty now Established in Scotland be continued, and that all Reviews, Reductions, or Suspensions, of the Sentences in Maritime Cases competent to the Jurisdiction of that Court, remain in the same manner after the Union, as now in Scotland, until the Parliament of Great-Britain shall make such Regulations and Alte|rations, as shall be judged Expedient for the whole Ʋnited Kingdom, so as there be always continued in Scotland a Court of Admiralty, such as is in England, for Determination of all Maritime Cases relating to private Rights in Scotland, competent to the Jurisdiction of the Admi|ralty Court, subject nevertheless to such Regulations and Alterations, as shall be thought proper to be made by the Parliament of Great-Britain; And that the Heretable Rights of Admiralty and Vice-Admiralties in Scotland be Reserved to the Respective Proprietors as Rights of Property, subject nevertheless, as to the manner of Exercising such Heretable Rights.

That all Pleas of Right, whether in private Right or Pleas of the Crown, were Cognisable only in Scotland, is proved by the same Article, in the following words; And that no Causes in Scotland be Cognoscable by the Courts of Chancery, Queens-bench, Common-Pleas, or any other Court in Westminster-Hall; and that the said Courts, or any other of the like Nature, after the Ʋnion, shall have no Power to Cognosce, Review, or Alter the Acts or Sentences of the Judicatures with|in Scotland, or to stop the Execution of the same.

The Exchequer as a further Consequence follows next, in these words; And that there be a Court of Exchequer in Scotland after the Ʋnion, for Deciding Questions concerning the Revenues of Customs and Excises there, having the same Power and Authority in such Cases, as

the Court of Exchequer has in England; And that the said Court of Exchequer in Scotland have Power of passing Signatures, Gifts, Tu|tories, and in other Things, as the Court of Exchequer at present in Scotland hath; And that the Court of Exchequer that now is in Scotland do remain, until a new Court of Exchequer be settled by the Parliament of Great-Britain in Scotland after the Union.

By these particular Establishments may be seen not only the manner of the publick Management in Scotland, but the Reason of it, and from whence it became necessary to have the Court of Exchequer, the Commissions, and the separate Collection of the Publick Revenue settled in Scotland, all flowing from this main Original stated in the Treaty, viz. That all Causes between the Queen and the Subject are only cognisable in Scotland.

According to this Foundation, the Collections for the Customs and Excises were settled in Scotland in distinct Commissions, as has been said, and tho' at first the Difficulties in the said Collections ap|peared great, and some uneasiness on every side began to rise, yet as they principally lay on the backwardness of the Subject to come under a strict Survey as to the Duties, Time wore off these Things, and the People became more sensible of the Necessity of the exact Collection, in order to bring Trade to an Equality.

At the beginning, the People thought every Seizure of prohibited Goods a Violence upon their Properties, and clamoured at the En|glish and the Ʋnion; as if the Union had been made not to bring them under good Government, but to leave them without Govern|ment. Ʋpon this Notion they fell to running of Brandy in particu|lar at that prodigious Rate, that some thousands of small Casks of Brandy was in spight of all the Vigilance of Officers secretly supposed to be put on Shore out of the first Dutch Fleet that came to Scot|land after the Union; and when the Officers made Seizure of several Parcels, the Rabbles by Violence rescued them again, as is already noted above.

But this Practice was easily supprest, for not the Government only, but all the fair Merchants were concerned in it, since the running of Goods on Shore, without paying Custom, is a known prejudice to the Merchant, who entring his Goods fairly, and paying large Customs, is by these People under-sold, and the Market forestal'd; These things therefore began to meet with less Encouragement, and having no Countenance but from the meer Rabble, the frequent Losses they met with, by the activity of the Officers of the Customs by little and litle, discouraged the Adventurers, and Trade began to run in it's proper Channel.

The Difficulties of the Excise were of another kind; Of which by themselves; And tho' the Rules of the Collecting the Excise, & the Methods of charging the Subject were very exact and regular, yet they were not without great Obstructions in their Work, as has been noted. The first by reason of a Misunderstanding of the Sense of the Article in the Ʋnion, settling the Duty of Excise, which having ex|prest the several Measures, not very exactly, admitted a double Con|struction as to the Quantity what was to be esteemed the English

Barrel: The Commissioners had charged it one way, and the Brewers demanded it another, as follows.

The Act expresses it thus.

VII. That all the parts of the united Kingdom be for ever and after the Union, Liable to the same Excises upon all exciseable liquors, excepting only that the thirty four Gallons English to the Barrel of Beer or Ale, amounting to Twelve Gallons Scots present measure, sold in Scot|land by the Brewer at nine shilling six pence Sterling excluding all Du|ties, and retailed including Duties on the Retailers profit, at two pence the Scots Pint, or eight part of the Scots Gallon, be not after the Union lyable on account of the present Excise upon Exciseable Liquors in England, to any higher Imposition than two shillings Sterling upon the foresaid thirty four Gallons English Measure being twelve Gallons the present Scots Measure, and that the Excise settled in England on all other Liquors when the Union Commences, take place throughout the whole united Kingdom.

When the Excise Office came to Charge the Brewer upon this Cause, they could reckon it no otherwise than as in England, by the Gauge of Thirty Four Gallons English to the Barrel; And thus the Brewer stood Charged for some Time.

But the Brewers objected, and sticking to the Letter of the Article demanded, to pay but 2 sh. for 12 Scots Gallons, whether it over-run the English 34 Gallons or no.

This occasioned some small Debate, but the Prudence of the Com|missioners prevented the Clamour some People would willingly have raised upon it, and the Justices of Peace directing 1/17. in each Thirty Four Gallons to be allowed, the Brewer for the present left it Undetermined till the Parliament should settle it; And thus the Brewers were made Easie; It is to be ob|served, to the Honour of the persons employed in the first Settle|ment of the Excise in Scotland; That considering the Ignorance of the most part of their Officers in the Art of Gauging, and in the new Methods of taking the Worts, and making a Charge, conside|ring the Difficulty of satisfying and convincing the People who were to pay the Duty, that they had no wrong done them, they them|selves being unable to examine the Gaugers Accounts, no Duty was ever settled with so little Noise, or with so few Complaints, not one person that ever I could hear of having any Appeal from the Commissioners Sentences, or making any Complaint of Injustice done them; But the Collection went on easie, was collected quietly, paid cheerfully, and visibly improved the Revenue, tho' nothing was paid by the Brewer more than they paid before.

Nor had it been possible to collect this Duty legally, if it had not been so, for the Commissioners of the Excise laboured under another Difficulty which none of the other Branches of the Revenue were troubled with, viz. That the Laws of Collection being by the Ʋnion to be the same as in England, and the Justices of the Peace being by the Act of Parliament 12. Carol. II. in England made Judges between the Queen and the Subject, in cases of Dispute; from

the beginning of the Ʋnion till about August 1708, which was 15 Months, they were without the Assistance of Justices to determine those Disputes.

There was indeed a Nomination of Justices by the Privy Council of Scotland 15 August 1707, as will appear in its place, and for some few Months they did meet and Act; But this was a new Set|tlement, and the Centlemen named were yet young in their Business, little help could be had from them, and which was still worse be|fore they had time to inform themselves, their Power died by the Act of Paliament in England, dissolving the Privy Council in Scotland. This Act past in the beginning of the first British Parliament, and by the Ceasing of that Power, from whence those Justices derived, the Power of the Justices also Ceased; and they were now to receive new Commissions from the Lord Chancellor of Britain, as the Justices in England also did—; This was not Finished till August 1708; so that in all that Time, the Commissioners of the Excise had no legal Authority before whom they could Convict any Offender, or punish any Breach of the Law, or by whom any Case could be Determined.

Yet their Business went on, and no Complaint was heard against their Management, no Appeal made against them, no Difficulties but what they work'd thro', to the general satisfaction.

The Excise as well as Customs in Scotland had been Farmed out; or Let in Tack, as they call it, the Tacksmen or Farmers did their best—, for their own Interest; But several Circumstances rendred their Method of Collecting the Excise, unfit to be Imitated, such as their Officers, who were intirely ignorant of the Art of Gauging, ••a|king the lengths of the Worts by Guess, & proving Quantities chiefly by the Oaths of the Brewers and the like, which joyned with some other Practices, I care not to mention, exposed both the Collectors and the Brewers to several Inconveniencies, and in General, made the Charge on the Brewer many ways Unequal—; a Thing prejudicial not to the Duty only, but to the Fair Dealer particular|ly, who always suffers by the Frauds and Connivances of others.

On this account when the first of May came, & the Union taking place, the new Duty was to begin, the Government found themselves ne|cessitated to send down a great many Officers into Scotland, if possible, to put Things into some Order, and prepare the People for the new Method of Collection—; What Treatment these Officers received in Scotland, how ill the People there used them, and how little they were able to do, will best appear by this, That the Government found themselves obliged by Proclamation, to let the Duty go on for some Time in the same Methods, and Collected by the same Officers, till the new Methods could be prepared.

Nor was this all, for tho' the new Commission was formed as soon as possible, for the Commissioners began to Act on the 9th of

June, yet they had the whole Kingdom to Regulate as to the Col|lection, all their Officers to Instruct, both as to Method and to Act; The first relating to the Accounts, and the last as to Gauging, not an Officer in the whole Kingdom, understanding the use of the Gauging Rod, as is Noted already, nor the People knowing the Meaning of it.

This makes the Difficulty of Settling the Excise in Scotland ap|pear, and indeed who ever considers the manner of Collection be|fore the Union, as before; will Wonder, how it was possible ever to bring the Business into any Order, for the People being most intolerably Averse at first, to the new Regulations, raised innume|rable Clamours at the Officers that came from England, as Imposing Novelties on them, and confounding their Business—; And here, as well as in the Customs, the Clamour against Englishmen being imployed, was laid hold of, but the Conduct of the Com|missioners here likewise effectually Answered that Pretence, for no sooner had the Officers, sent by the Commissioners in England, as above, done the Work they came about, viz. in Directing and Instructing the Officers in Scotland, but the greatest part of them were sent back again, and so few Englishmen remained in the Excise, that it is not worth Naming.

The Names of the Commissioners as settled after some few Alte|rations were as follows

• Alexander Wetherburn Esquire.
• John Montgomery Esquire.
• John Whittham Esquire.
• David Ross Esquire.
• Alexander Forbes Esquire.

Nor was the Duty of Excise as a Revenue without its Discourage|ments, as well as the Customs, the Article of Private Rights, reserved by the Union, had of course brought several Exemptions upon them, some of which have proved very considerable Hindrances to the Duty.

The Commissioners however, Disputed with some of those People who claim'd Exemptions of Duty, and the Debate on those Heads, lay Undetermined before the Barons of Exchequer, at the Writing these Sheets.

Under all these Discouragements, yet the Collection went on, and the Brewers soon became Satisfied with the manner of Charging the Excise, viz. by Gauging, as the most Equal, Indifferent, and Un|deniably certain; and, as a method no Man could be Wronged by—; Which giving them all an Equality with one another; was very much the Advantage of the Fair Traders—, who always Suffer by the Frauds of Clandestine Dealing.

Nay, this was evident by the Brewers themselves, who differing with the City of Edinburghs Assessors, about the Taxes paid to the

City, endeavoured to have the City Officers, Charge them by the Gauging Rod, as in the Excise, but could not obtain it.

I have insisted upon the Difficulties of settling these Things, to show the World the absolute Necessity, of placing the Collection of the Revenue in Scotland, distinct from that in England; And also, as a Thing needful, to show by what Steps the several Offices ar|rived to that Order and Exactness, which they now appeared to be Managed in.

I come now to the Affair of the Equivalent.

The Calculations and Proportions between the Nations, being the Ground from whence it became payable to Scotland; I have gone thro' already, as distinctly as I can, in the several Observations on the Minutes of the Treaty, first at London, and after, in the Parliament of Scotland; We are now come to the payment of it.

The Parliament had Determined, both how it should be Dis|posed of, and who should Dispose it, viz. That the Queen should Name Commissioners to Receive and Issue out the said Money, according to the Terms of the Union; This you have expresly in the Fifteenth Article of the Union, as concluded at London, as follows; And it is agreed, That Her Majesty be Impowered to appoint Commissioners, who shall be accountable to the Parliament of Great-Britain, for disposing the said Summe of three hundred, ninety eight thousand, eighty five Pounds, ten Shillings, and all other Moneys which shall arise to Scotland, upon the Agreements aforesaid, to the purposes before-mentioned: Which Commissioners shall be Impowered to call for, Receive, and Dispose of the said Moneys in manner aforesaid, and to inspect the Books of the several Collectors of the said Revenues, and of all other Duties, from whence an Equivalent may arise; And that the Collectors and Managers of the said Revenues and Duties be obliged to give to the said Commissioners subscribed Authentick Abbreviates of the Produce of such Revenues and Duties arising in their respective Districts; And that the said Commissioners shall have their Office within the Limits of Scotland, and shall, in such Office, keep Books containing Accounts of the Amount of the Equivalents, and how the same shall have been disposed of from time to time, which may be inspected by any of the Sub|jects who shall desire the samen.

The Queen, pursuant to this Power, appointed Commissioners for the Management of the Equivalent, and the Money being raised by Parliament, lay ready in the Bank of England.

The Commissioners Named by the Queen were Twenty Five in Number, as follows;

• Commissioners of the Equivalent.
  • Sir Andrew Hume.
  • Mr. William Dalrymple of Glenmuir.
  • Sir Robert Sinclair of Stevenson.
  • Sir Thomas Burnet of Leyes.
  • Sir John Areskin of Alva.
  • Sir John Swintoun of that Ilk.
  • Sir James Campbell of Aberuchil.
  • Sir James Smollet of Bonhil.
  • Sir Patrick Johnstoun.
  • Mr. John Hadden of Glenagis.
  • Mr. John Bruce of Kinross.
  • Mr. William Seton younger of Pitmedden.
  • Mr. John Clark younger of Penniecook.
  • Alexander Abercrombie of Glassoch.
  • Mungo Grahame of Gorthie.
  • Mr. John Pringle of Haining.
  • ...Daniel Campbell.
  • Sir John Cope:
  • ...Jacob Reynardson.
  • John Bridges. Merchants in London.
  • ...James Houblon.
• These did not Accept the Business at the first.
  • Sir Francis Grant.
  • Baillie of Jerviswood.
  • Grahame of Dowgalstoun.
  • Douglass of Kelhead.

The Four Merchants of London were Named, because as Members of the Bank of England, they were required to be pre|sent upon the Spot, in order to support the Credit of the Bank, in case any Body had scrupled their Bills; And indeed there was Oc|casion sufficient for their being there, as will appear presently.

It was now the beginning of July, and the Money was not yet come away from London; It would be Endless to Record here, the Scandalous Reflections spread about, of the Delay of Payment, and how the English having secured the main Point, would pay the Money when they pleased, or perhaps never; and some ran it up to that Height, as to say, That the English Designed to Cheat them of the Money.

Again, another sort of People pretended the Union was broke, because the Money was not paid by the first of May, and there was a Discourse of some Gentlemen, who came up to the Cross of Edin|burgh, and Protested in the Name of the whole Scots Nation, That the Conditions of the Treaty being not complyed with, and the

Terms performed, the whole was Void, and Scotland was again Free, when ever an Occasion offered, to lay hold of that Freedom—; That some People were so weak to Talk thus, and that a certain Gentleman was Foolish enough, to make such a Formal Protestation, I have some Reason to believe; But that D— H— was the Man, I profess not to know, and believe, that Noble Person to understand the Nature of the Treaty, and the Nature of Protest|ing also, better than so.

Be it as it will, such Protestation was of no use, neither could it have any Signification, being made purely without Ground, the Treaty having no where Tyed up the Government of England, to have the Money actually in Scotland by such a Day—; Nor was England by the Treaty, under any Obligation to a Day of Payment; But Two Things prescribed the payment, and a Third clears it all most effectually.

1. That by the Custom of England, any payment Contracted for, sine Die, becomes a Debt Demander, or payable at Demand; and so the Day being not prefixt in the Articles, the Money became pre|sently due, viz. the first of May, but under no Forfeiture on delay of Days, much less a Dissolution of Articles.

2. But if this Nicety had been insisted on, then it is Answered, That the Money was actually payed by England, being delivered by the Treasury to a certain Number of the Commissioners, appointed for receiving the Equivalent, and this, either upon or before the first of May; And tho' it was not actually come down into Scotland, yet if it was delivered in London, to the proper Persons appointed to receive it, the Government of England was fairly acquitted of the payment—; And this is to be seen by the said Commissioners Receipt in the Exchequer in England, when the Money was paid.

3. But a third Clause shewed all this to be an Insignificant and a most Ignorant Pretence, for the Equivalent was actually paid, and made good to Scotland, before the Treaty was concluded, and it was expresly stipulated so to be Ordered, in the Fifteenth Article, in these words; It is agreed, that Scotland shall have an Equivalent for what the Subjects thereof shall be so charged towards payment of the said Debts of England, in all particulars whatsoever, in manner fol|lowing, viz. That before the Ʋnion of the said Kingdoms, the Summe of three hundred, ninety eight thousand and eighty five pound ten shil|lings be granted to Her Majesty by the Parliament of England, for the Ʋses after-mentioned, being the Equivalent, to be answered to Scotland for such parts of the said Customs and Excises upon all Exciseable Li|quors, with which that Kingdom is to be charged upon the Ʋnion, as will be applicable to the payment of the said Debts of England, accord|ing to the Proportions which the present Customs in Scotland, being Thirty thousand Pounds per Annum, do bear to the Customs in Eng|land, computed at one Million, three hundred, forty one thousand, five hundred and fifty nine Pounds per Annum: And which the present Ex|cises on Exciseable Liquors in Scotland, being thirty three thousand and

five hundred Pounds per Annum, do bear to the Excises on Exciseable Liquors in England, computed at nine hundred, forty seven thousand, six hundred and two Pounds per Annum; Which Summe of three hundred, ninety eight thousand, eighty five Pounds, ten Shillings, shall be due and payable from the time of the Ʋnion;

It is evident from this Article, That the Security Demanded by Scotland, for the payment of this Money, was, That the Parliament of England should raise the Sum agreed, and should grant it to Her Ma|jesty, for the Ʋses in that Fifteenth Article Expressed, That is in short, That the Parliament should grant to Her Majesty such a Sum of Money, and appropriate it to the payment of the Equivalent—; This really was payment, and was so Accepted, and the Money being Granted to the Queen, was nothing but as a Deposite in a Third Hand, till the Ratification of the Treaty should pass in Scotland, and be Confirmed in England, or till the Union should take place, WHEN, AND AS SOON AS that was done, the Money was actually the Right, the proper Goods of the Scots, and the Go|vernment of England could not have kept it back, no tho' the Treaty had been afterward Dissolved, or broken; So that the Ob|jection against the payment of the Equivalent, in Time, Dyes, and falls to the Ground, in this, That it was actually payed by England before the Union began, and plac'd in such Hands as a Trust, to be at the Demand of the Scots, as soon as the Union took place, Due and payable from the Time of the Ʋnion, are the Words of the Article—; As soon therefore as the Union took place, the Treasury of England became Debitor to Scotland, for such a Sum of Money—; But the Parliament of England, with whom the Treaty was made, were Discharged of the Payment, as soon as ever the Act of Appropriation was past in the House.

This, I think, is clear, and admits of no Dispute, but it shows the Weakness of those People, that promised themselves any thing from the delay of the Money coming into Scotland—; Nor did their Error cease here, for when the Money came, they were not at all better pleased, but raised new Clamours at the Union—, and really went to that Height in their Reproaches, that it seemed as if they had yet latent Expectations of raising a new Tumult.

It was indeed something remarkable here, and not a few People took notice of it, That the very same People, who just before Ex|claimed at the English, for not paying the Money, and cried out they were Cheated, and the Union broken, were the same—, who, when the Money came, made as much Noise on the other hand of being Bought and Sold, & that Money being the Price of their Countrey.

The Violence of this Temper appearing so openly, I can not be counted partial in giving a true Account of it, since I could not be Faithful to the Matters of Fact, if I Omitted it.

On the Day of August the Money came to Edinburgh, in Twelve Waggons, Guarded by a Party of Scots Dragoons, and was carried directly to the Castle; If I omit to enter into the De|tail

of the Reproaches and Railings at the poor Innocent People that brought it, nay, at the very Horses that drew the Carriages, it is, because it was a Folly below Reproof, and rather deserves Pity.

If I omit Naming a known Person, in no concealed Station, who was for having the Dragoons that Guarded it, Hanged for bring|ing it in—; And being asked, What he would have the poor Men do with it? Answered, They should have cut all them that brought it to pieces, and kept the Money from coming into the Countrey: If I omit Naming this Gentleman, it is in respect to his Character, and in hopes he may live to be Wiser, and to acknow|ledge his inconsiderate Rashness.

The Waggons, as is Noted, were driven directly to the Castle, and the Money Lodged there, to be issued in its Course—; The People set on by proper Engines, shewed their Dissatisfaction at first, by rudely Stoning the poor Carters and Drivers, and Two or Three were very much hurt by Stones, as they came back with their Horses from the Castle.

But this was but the Remains of the Tumultuous Temper, we have been taking Notice of before, and the poor Ignorant People Acting only from outward appearances, without Consideration—, grew Calm again of course—; Nor among the most Malecontent persons could I ever find any, that when the Money upon the Afri|can Stock came to be paid, would think the Species Unhallowed, enough to refuse their share of it.

As soon as the Money was Arrived, the Commissioners for the Equivalent began to Sit, and immediately applyed themselves to the Distribution of it according to the Terms of the Treaty—; And having set a parta due Proportion for the Expence of the Coinage, they went immediately to Work with the African Stock, and began to pay off.

Yet I must not Omit a Difficulty here, that had almost put the Affair to a full stop for a while—, and this was from the Species of the Money they had brought; The Case was as follows.

The Bank of England had that year, upon an Advance of a Sum of Money to the Government, received 1200000 libs. or there abouts, in Exchequer Bills—, which being made Current by the Credit, both of the Government in publick, and after by the Bank in particular, they presumed would pass in payment, as common paper Credit usually did in London, without Interest, being always payable at demand by the Bank in London, this they expected should go down without any Difficulty in Scotland.

But the Bank seemed under some Mistake as to the Extent of their Reputation, or at least as to the Circumstances of Scotland, when they proposed the putting off these Exchequer Bills there.

However, they ventur'd, and sending only 100000 lib: in ready Money, in the Waggons mentioned before, the other 298085 lib. 10 shillings—, was sent down in this Paper Credit or Exchequer Bills.

This raised a new Clamour in Scotland, and abundance of People run away with it, that the English Trick'd them; that they had sent them Paper in stead of Money, that the great Argument formerly used to perswade Scotland to the Union, to take upon them a share of the Burden of the English Debts, and to accept of an Equivalent, was the great Advantage that should accrue to Scotland, by the Circulating of so much ready Money in the Nation—; And that now they were to be put off with Bills payable 300 Miles off, and which if Lostor Mislaid, or by Accident Burnt, were Irrecoverable.

The Truth is, The Bank of England took a wrong step here—; For First, They ventured upon Scotland with their Bills in stead of Money, without Consulting either the Temper or the Circumstances of Scotland at that Time.

Had they Corresponded with the Bank of Scotland, and obtained of the said Bank to Circulate their Bills, either by their own Credit or Cash, had they Established any running Cash in Scotland for the Circulation, where they should have been Received and Issued on Occasion, they had come off better—; Or had the Bills had running Interest upon them, that those People who laid them up, might have had an Increase upon them as they lay by, there had been some Reason to expect they might have past.

But the Bank had Ingrossed the Interest paid on the Bills by the Government, and then sent them Naked into the World, to Run purely on the Credit of their Fund, without any Interest running upon them. This, and considering Scotland, a Place not yet of a great in land Commerce, in which alone such Bills are capable of being made Current, made it very improbable, that their Bills should pass in Scotland; This Mistake the Commissioners them|selves saw, as soon as they came to Scotland—; And therefore immediately sent away to England for 50000 lib. sterling more in Gold—; Nor had this been able to have carried them thorow the Payment, had not the Commissioners, very prudently taken all the Exchequer Bills that any One brought them, and given Bills of Exchange for them payable in London—.

When the Commissioners found how it was—, they saw no Remedy, but to Declare, That tho' they had brought Exchequer Bills down, in order to supply the deficiency of Bullion, which was then scarce enough in England, yet that no body should be obliged to take them without their Consent, nor should any body be re|fused payment as they came in their Order; And as a certain Great Person began with them, as some thought, by way of Experiment, and having a Demand for 4 or 5000 lib. upon the African Stock, re|fused to take any of the said Bills, the Commissioners immediately Ordered it all to be paid in Specie.

This, and a constant Currency of Payment, began to raise them some Reputation, and some who were Friends to the Government, and saw the Exigence of the present case, accepted of Exchequer Bills for large Sums: Others would take half Money, half Bills—;

And others that came for their Money before their Turn came, yet had it offered them if they would take Bills, still preserving this Point Sacred, that no body was refused his payment in course, in Money, if he insisted on it; Thus, with a great deal of Difficulty, at last they work'd thorow the payment of the African Stock—; The Bills went all away to England so directly, that in six Months time there was not one to be seen.

So the Main End of the Bank, viz. The Circulation of these Bills in Trade, as a paper Credit, was quite Lost, which, had the In|terest been runing upon them, would have been easie, and readily complyed with.

However, it was at last contrary to Expectation, concluded, and the whole African Stock being paid off, that Company Dissol|ved and Died.

The next Affair was the Settlement of Justice in Scotland—; And this suffering some Alteration, it is needful to give a true Account of it according to my Title.

It had been stipulated by the Eighteenth and Nineteenth Articles, That all other Laws, in use within the Kingdom of Scotland, do after the Ʋnion, and notwithstanding thereof, remain in the same Force as before (except such as are contrary to, or inconsistent with the Terms of this Treaty) but alterable by the Parliament of Great-Britain, with this Difference betwixt the Laws concerning Publick Right, Policy, and Civil Government, and those which concern private Right; That the Laws which concern publick Right, Policy, and Civil Government, may be made the same throughout the whole Ʋnited Kingdom; But that no Alteration be made in Laws which concern private Right, except for evident Ʋtility of the Subjects within Scotland.

That the Court of Session, or Colledge of Justice, do after the Ʋnion, and notwithstanding thereof, remain in all time coming within Scotland, as it is now Constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Ʋnion, subject nevertheless to such Regulations for the better Administration of Justice, as shall be made by the Parliament of Great-Britain; And that the Court of Ju|sticiary do also after the Ʋnion, and notwithstanding thereof, remain in all time coming within Scotland, as it is now Constituted by the Laws of that Kingdom, and with the same Authority and Privileges as be|fore the Ʋnion, subject nevertheless to such Regulations as shall be made by the Parliament of Great-Britain, and without prejudice of other Rights of Justiciary.

These Clauses preserved the ordinary Process of Law in Case of private Right, in the same Course and Condition as before; but all Pleas of the Crown, Matters of Dispute between the Queen and the Subject, relating to the Revenue, and Trade, being to be the same as in England; For that Reason; there were necessary Alterati|ons to be made in the Methods, and even new Models of Proceed|ings to be Formed, special to Scotland.

And First of the Civil Peace.

The several Branches of the Revenue, depending much upon the Execution of petty Justice, and particularly the Excise, in which the Justices of Peace are in most Cases, the Judges between the Brewer and the Collector; In this case, it was Necessary to Renew the Model formerly used, and taken from England, viz. Of Justices, Constables, Headboroughs, &c. And this not only for the Deciding Diffe|rences in the Duties, but in Forcible Entries, Executing Warrants, Apprehending Offenders, and the like; In which Cases Constables and other Officers are necessary, both to preserve the Peace, to Assist in searching Houses, and in Executing the respective Warrants of the said Justices of the Peace.

This, I say, made it absolutely Necessary, to Establish the same Method of Civil Justice in Scotland, as in England, viz. by Justices of the Peace, Constables, &c. Which at that Time was not in use in the whole Countrey.

It had indeed been formerly attempted in Scotland, and there were some Acts of Parliament then in Force, for the making Justices of the Peace in Scotland, as in England, particularly the 12th. Act of the first Parl. Carol. 2. anno 1661, and again by the 38th. Act of the same Parliament—; And these Acts are Recited again in the Proclamation for Erecting new Justices at this Time, which Proclamation leaving out the Names of the Persons as Ʋseless and Tedious, I have annexed in the Appendix N^o F (3).

Upon the Revolution, this Method of Governing by Justices, however useful in its kind, yet as having been Negligently or Ar|bitrarily made use of in the former Times, was laid aside, and the Government of Scotland lay as it had usually done, too much in the absolute Disposition of the Heretable Magistrates, such as Sheriffs of Counties, Steuarts of Stewartries, and such Right as the Superiori|ties and Usages of Places gave to the Lairds; A Constitution not at all Calculated for the Liberty of Scotland, or the increase of the Happiness of the People.

Upon the Settling the Customs and Excise, as above, it be|came, I say, necessary to restore the former Model of petty Justice, as per the Proclamation before Named, was done at this Time, and accordingly Justices of the Peace and Constables were Erected all over Scotland—; But this received another Interruption as a Consequence of the Union, which put a stop to all the Civil Administration for a Time, as follows.

By the Nineteenth Article of the Union, the Affair of the Privy Council in Scotland was left thus.

And that after the Ʋnion, the Queens Majesty and Her Royal Successors, may continue a Privy Council in Scotland, for preserving of publick Peace and Order, until the Parliament of Great-Britain shall think fit to alter it, or Establish any other effectual Method for that end.

As soon as the Parliament of Great-Britain met, and began to Enquire into the Matter, they found the very Nature of a Privy Council in Scotland, but especially the Manner, of their Privy Coun|cils, so inconsistent with the Treaty of Union, and above all, with the Liberty of the Subject, that they effectually Dissolved it, and Voted, that there should be but one Privy Council in Britain.

I know this Act was opposed by several sorts of People—, and Complaint was made after its Dissolution, That Scotland was left without any Form of Government; some others Complained from another principle, of which I need say nothing here.

The Ministers of State also opposed it a little, but no further, than as they thought Things were not Ripe in Scotland, for so sud|den a Dissolution of the Face of Power among them, and therefore would have had it continued for some certain limited Time only, and that with such Limitations of Authority, as might be Regulated by Parliament—; But it was thought both Burdensome and Dangerous, and indeed the Council in Scotland Acting Arbitrarily, had given the Lovers of Liberty such an Aversion to them, that they could not hear of it; And so after some Struggle, the Coun|cil was Dissolved by Act of Parliament.

This is mentioned here, because of the Interruption given by the Accident of this Dissolution, to the Course of petty Justice, as aforesaid; for now all the Commissions of the Peace Ceased, being Granted by the said Privy Council, and by the new Establishment of the Council which was now to be called The Council of Great-Britain, and which was to have the same Powers, and no other, which the Council of England had before; The Commissions of the Peace could no more be Given by the Council, but by the Lord Chan|cellor; The Commissions therefore Terminated, and the new Method of Administration met with an Interruption of several Months, but was Restored again by a general Commission of the Peace, under the Great Seal of Britain, Nominating Justices of the Peace thro' all Scotland, conform to the Method of England; This Com|mission bears Date the 13 Day of May Anno 1708. And on this Foot the whole Island now stands in one Form of Administration, as to petty Justice, and therefore this Act is called, An Act for rendring the Ʋnion more compleat; Which Act for the more parti|cular understanding this Affair, I have added in the Appendix, N^o. (H. 3.) But here it is to be observed, That tho' this Act gives Power to all the Justices of the Peace in Scotland, to Do, Ʋse, and Exercise over all Persons within their several Bounds, whatever doth appertain to the Office, and Trust of a Justice of Peace, by virtue of the Laws in England before the Ʋnion, in Relation to or for the Preserva|tion of the Publick Peace; Yet it is provided, That in all the Sessions of the Peace, they are prescribed to the Methods of Tryal and Judgment, according to the Laws of Scotland.

This I Note here, because some would have suggested, That this Erecting of Courts of petty Justice, For such the several Sessions of the Justices properly are in Scotland, & Giving them Authorities from the Laws

and Usage of England, was an Invasion of the Nineteenth Article of the Union—, but it was clear otherwise, for tho' in the Pub|lick Peace their Methods were the same as in England, yet it is ob|servable;

• 1. That very Clause was Enacted in Scotland, in the several Acts of Parliament of 1661, recited in the Commission, and never Rescinded in Scotland; And by the Union those Acts are of course Confirmed, not being any way inconsistent with or contradicting the Treaty.
• 2. Had it not been so, the Thing it self had been no way Injurious to the Treaty of Union, the Methods of Tryal, Judge|ment, and Execution, being as above, prescribed by the Laws of Scotland, and to continue in the same Form as before.

And this will more particularly appear, in Reading the very Na|ture and Form of the Commissions of the Peace Granted by the Queen, to the respective Counties or Shires in Scotland, One of which, viz. for the Shire of Edinburgh; For the more especial un|derstanding this Matter, I have annexed in the Appendix, part II. Numb. (G. 3.)

I might have entred here upon the Differences of Proceedings in the several new Established Courts of Justice, as of the Exche|quer, and Admiralty, and the General and petty Sessions of the Justices—; But these Things seem not the proper Subject of a History, so I wave them here; The latter part also being very well performed to my hand, I mean, relating to the Proceedings and Office of a Justice of the Peace in Scotland, by the Ingenious Hand of Mr. William Forbes Advocate in Scotland; To which I refer the Reader.

There was an Alteration in Matters of Justiciary, as it is called in Scotland—; That is, of Criminal Process; For whereas this was wholly left to a certain Court, consisting of Five Judges, who were therefore called, The Lords of the Justiciary, and that their Court was holden only at Edinburgh, it was considered, that this was too great an Interruption of Justice, and often times oc|casioned the neglect of Prosecution, as well as made that Prosecu|tion both Difficult and Chargeable to the Subject, by which means Thefts, Violences, and sometimes Murders escaped due Punishment, the Parliament Determined by the same Act of Parliament, as be|fore, That the Lords of the Justiciary should divide the Kingdom into Circuits, and that these Circuits should be Twice a Year—, that thus Justice might, as in England, be carried Home to every Mans Door, and all the Former Inconveniencies might be for the future avoided.

The Manner, Methods, and other Circumstances, such as Time, Place, &c. Since they were nothing at all Altered, the Act of Par|liament referring wholly to a former Law, made in the 3d. Session of the 2d. Parliament of King Charles II. came not under the Head

of Alterations which I am now upon, and consequently need not be inserted.

I might bring the Alterations of Elections of Members for Par|liament into this Head, as well of the Lords as Commons; But it requires nothing, but to repeat the very Articles of the Union again; And I think it is so expresly set down there, that it needs no Comment at all, being nothing but meer Matter of Form; But as there required some Addition to the Manner of the Returning of Writs, and of the Managing Elections, you will find them in the same Act of Parliament last quoted, and printed in the Appendix as above—, all that Matter being fully determined in this Act—.

The Matter of the Exchequer Court now erected, needs no other Description than this, That it is erected in the same Form, and proceeds by the same Method as in England, having Barons, a Re|membrancer, Treasurer, and all the respective Clerks and Offices as in England.

The First Barons were as follows,

• The Earl of Seafield formerly Lord Chancellor of Scotland
• Lord Chief Baron,
• Mr. Baron Clark,
• Mr. Baron Maitland,
• Mr. Baron Smith,
• Mr. Baron Scroop.

The Admiralty Court in Scotland remained, and the Earl of Weemyss, who was before Lord Admiral in Scotland, was now made Vice-Admiral, by Commission under the Prince of Denmark Lord High Admiral of Britain, and was, at the same time, nominated a Member of the Princes Council in England.

The Inferior Courts of Judicature in the Admiralty remained as before, suffering no Alteration in Form, save that what related to the Publick Revenue, or the Claims of the Sovereign, began to be modelled as in England, agreeable to the 18th. and 19th. Articles of the Union.

Thus the Law in Scotland remained intire, the Process in Com|mon Causes being the same, and the Alterations being consined, as per the Treaty, to the Established Methods of Scotland.

I come now to the Coyn; And tho' this has been a Thing of great Consequence, yet it requires little more to be said to it, than just that it suffered a general Revolution; And that all the former Coyns of Scotland, as well as the Foreign Species of Money which went current in Scotland, the English Money excepted, was Called in and Recoyned, the English Money being only to pass current.

But there was a Difficulty which I have noted in the Minutes gave them some Trouble, viz: That the English Money, which went for one Penny in every Shilling Advance, should be reduced to a Par, that the Loss should be made good by the Government, and yet the English not bring in great Quantities to Scotland, to be offered to the Mint at one Penny per Shilling, and immediately re|ceived again with an Allowance of the Difference: To prevent

this, that Contrivance was found out, to bring in all the English Money at one certain Day, and receive it out again with an Allow|ance for the Difference—; This occasioned the Proclamation for the Alteration, that all the Money should be paid in on a short Day, and immediately returned with Notes for the Difference; This Proclamation, as it expresses the whole Scheme, I have added in the Appendix, N^o. I; Which, tho' it be a long Proclamation, yet, as it may be a Precedent in like Cases, I have set down for general Information.

The several Proclamations for the gradual Calling in the Old Money, are too many to note here; It may suffice to hint, That, as the Foreign Money being brought in, which amounted to above 150000 Pounds Sterling; And this going into the Mint, the New Coyn began to Circulate very speedily; And, at the Writing these Sheets, the whole Nation was full of New Money.

The several Denominations of Money before the Union in Scotland, I mean not of Old Obsolete Coyns, but such as were now current, were as follows,

• These were all of Cop|per.
  • The Bodle or Turner, six of which goes to a Penny
  • The Half-penny or Baubee, two to a Penny
  • The Irish Half-penny and French Doits had pass'd, but were cryed down by Act of Council.
• The Silver Coyn was,
  • Foreign such as
    • The Ducatoon of several Coyns which pass'd at 6 sh. 2 d. they had pass'd at 5 sh. 10 d. but were raised by an Act of Council to 6 sh. 2 d. which caused great Quantities to be brought in.
    • The Dollar—of several Coyns, went formerly at 4 sh. 8 d. were raised up to 4 sh. 10 d. each—; And Four Sorts, viz. The Bank Dollar, the Wild Horse, the Castle, and the Wild Man Dollars, were, by the same Act of Council, raised to Crowns.
    • The French Crown had formerly pass'd for 56 d. but was also raised to 58.
    • The French Quarter Pieces which pass'd for 3 d. each.
  • English Coyn
    • Broad Gold of England generally pass'd, Jacobus at 27 sh.—and Carolus at 25 sh.
    • The Guinea Gold pass'd at the Revolution at 22 sh. each, but were raised without any Publick Autho|rity or Rule, only by the Circumstances of Trade to 23 sh. 8 d.—This was the Reason why, when the Coyn was Called in, and the Price of this Re|duced, the Government made no Allowance on the Gold.
    • The English Silver Coyn pass'd by Act of Council at one Penny per Shilling Advance.
  • Domestick Coyn

• ...
  • ...
    • Old Crowns of King James's and Queen Mary's—, which pass'd for Crowns; but very few of them were to be seen.
    • Old Mark Pieces, called Old Fourteens.
    • New Mark Pieces, called also Fourteens, the last Coined in Cha. I. and Cha. II. Time, with Doubles of the last, called Two Marks, after raised to Half Dollars, and Four Marks, raised also in Proportion—, with half Pieces at 7 d. and Quarters at 3 d. ½.
    • New Milled Money of King William's Coyn of several Values,
      • As Crowns and half Crowns.
      • Fourty Pence, Twenty Pence, Ten Pence, and Five Pence Pieces.
    • There was, at this time, no Scots Gold Coyn current, or to be seen, except a few preserved for Antiquity.

There were several Species of Scots Money that had been current, and of which several Remainders were to be found—; But the Quantities were so small, that I do not place them among the current Coyn.

It is enough to say, that all sorts were called in by the Treaty, and no Money made current by the Government, but the English or British Coyn.

I need not Record the Days and Times, when and how long every particular Species were permitted to pass; 'Tis enough to say, the Prudence of the Government so ordered it, that the People felt no Miss, or Want of the current Money; And the Thing was done so gradually, that the New Money was Circulating, before the Old was Called in.

This was done thus—; First the English Money was reduced, as has been observed, by Proclamation—; Then the Foreign Money was brought in; And this being a much greater Quantity than was expected, the Mint immediately fell to Work with it—; And this, joyned to the Money brought down for the Equi|valent, furnish'd above 200000 l. in Silver Money, besides what English Money was in the Countrey before; So that the New Mo|ney was dispers'd in every Corner of the Nation insensibly, and the Old went off gradually, without any Interruption to Business—; And at the Writing these Sheets, the last, viz. The Scots Milled Money was yet passing, but appointed to come into the Mint by a certain Day; There were several Proclamations for this, and several Days appointed; I have added only one in the Appen|dix, to let the Reader into the Method settled for this purpose, which terminated the Currency of the Scots Money to the 25th. of February 1707/8; But even that Time was lengthened afterwards, and the Scots Money suffered to pass again till the latter end of September 1708—; And thus by Degrees the English Coyn pre|vailed,

and is now the only current Coyn of the Nation. This Proclamation is marked in the Appendix, N^o. K 3.

I cannot say so much for the New Regulations of Weights and Measures, in which, tho' appointed by the Union to be made the same, little Progress could be made at the Writing of these Ac|counts, save that the Publick Business of the Custom-House was all settled by the Weights and Measures of England; But Custom had so inured the People to the former Weights and Measures, especial|ly the Weights for their Retailing Goods, and the Measures for Corn, that it was impossible to bring the Change about so soon; Time alone can bring it to the Issue designed.

Nor is the reducing the Measures to an Uniform Standart so ab|solutely necessary, as that we should think the Union Defective for want of it; Since the Measures, especially that which we call Dry Mea|sure, as of Corn and Fruit, is at this time various almost all over England—; As particularly in the North, the Boll remains a received Measure in Northumberland and Cumberland, in the West, as in Cornwal and Devonshire, the Bushel is almost two Bushels of the common Measure—; Even the Winchester Bushel, which is the Standart of Measure in England, varies, and in some places it contains eight Gallons, in others nine Gallons, in some places they have one to the Score thrown into the Measure, in other places not—; Again, in Liquid Measure we have the Quart of two kinds for several Liquors, as the Wine Quart and the Winchester Quart, we have the Pottle and Gallon for dry Measure, the Pint and thence up to the Gallon of Liquid Measure; in Coals we have what is called the Chalder at Newcastle, and the Chalder at London, and the differ|ing Chalder in several differing parts—; At London the Chalder is 36 Bushels, at Sandwich 32, at Lym 40, at Newcastle 70 Bushels; So, tho' the Measures of Corn and Liquors should have their Varia|tions in Scotland, according to the old Customs and Usage of Towns, Counties, and Manners, yet this does not at all render the Union incompleat; Since the reducing the Weights and Measures to an equal Standart in the Publick Accounts, such as in the Customs, Tolls, Excises, Publick Receipts and Payments, and the like, is as effectual an Equality as is needful; And indeed is as much as was intended by the Union, no Act of Parliament, Law, or Statute that can be made, being able to oblige the Countrey People in eve|ry place to leave off their wonted Calculations and Denominations of Things, which are frequently made upon the Foot of their An|cient Customs; For Example, as before, the Valuation of Lands, Tenor of Leases, the Rents, the Entails, Rent-Charges, Liferents, and Payments for, or out of Land Revenue, are all reckoned in Scotland by the Chalder, Boll, Firlot, and Lippy, and cannot be altered; Even Marriage Settlements and Entails are entered in this manner; And it would run Scotland into all manner of Con|fusion, to oblige them at once to leave off all the Terms, by which their Lands are known Valued, Mortgaged, Entailed, Charged or Conveyed.

I think we have thus gently touch'd at all the Alterations of Moment which were made in the Laws, Trade, Custom and Con|stitution of Scotland, according to my Title; But lest it may be thought, That these Alterations ly too much dispersed up and down this Book, in the Relation of particular Cases, I shall endea|vour to sum them up in the following Abridgement.

First, As to the Constitution, tho' last named—, I conceive it suffered some Alteration, tho' not, as was alledged by some, an intire Dissolution—; It was not dissolved, because the Govern|ment by King and Parliament continued the same, viz. A Limit|ed Monarchy; It received no Diminution, but an Addition of Privileges and Liberties; And had the Scots thought sit to have gone a little further, and made Provision for Transferring their Su|periorities, they might have at last come to an intire Enjoyment of that same Liberty that England is now so happy in—; How|ever, tho' the Constitution received no Dissolution, yet it is ac|knowledged, that it suffered Alterations in several Articles, of which these are the principal.

• 1. That tho the Monarchy is the same, yet that they be|come Incorporated into one Monarchy with their Neighbour Kingdom, subjected for ever to the same Sovereign, and en|gaged in War, Peace, Alliances and Succession with them; So that they can no more act in their separate Capacity, in any Thing relating to Government or Constitution.
• 2. They suffer Alterations in their Representative—, and these consist in Two Branches; First, That the Number of their Representative is reduced to 45. Secondly, That the Electi|ons pass under a new Regulation, and are managed by a dif|ferent Method. And, Thirdly, That they Sit not any more in Parliament by themselves, but in Conjunction with the English Parliament, Representing the several Counties and Corporati|ons, as Members of the United Kingdom of Great Britain.
• 3. The Hereditary Branch of Parliament, I mean the Peers, suffer also an Alteration, being changed from a full Appear|ance in Parliament to a Representative Appearance, and that Representative Limited to the Number of Sixteen.
• 4. Their Regal Administration suffers an Alteration; The Sovereign, who before executed the Civil Power in a separate Capacity, being now obliged to change the Face of that Ad|ministration into an United Management, Governing now by One Parliament, One Privy Council, One High Admiral, One Chancery, One Treasury—; And, in short, One ge|neral Oeconomy of Government—; Thus the several di|stinct Offices of Admiral, Chancellor, Treasurer, Secretaries of State, and President of Privy Council, sunk in either King|dom, and New Commissions were issued—; As One Pri|vy Council, and One President, under the Title of Lord Pre|sident of the Privy Council of Britain, Lord High Chancellor of Britain, Lord High Treasurer of Britain, Lord High Admi|ral

• of Britain, and the like, and which I close all with, the Queen her self lays down her separate Titles, and is now no more Queen of England, Scotland, &c. But Queen of Great Britain, and is called in Missives, and in Foreign Accounts, Her Britannick Majesty—; Her Troops are no more Eng|lish and Scots, but British Forces—; And the Arms of the Island are a new Incorporated and Quartered together—, as appears at large in the foregoing Sheets.

This, I think, is the Sum of the principal Alterations in the Constitution of Scotland by the Union; In all which, except that of the Parliament, the Commons being reduced in Number, and the Lords by Representative; I say, in all the rest, England suffer|ed the same Alterations as Scotland, such as dissolving her Parlia|ment, her Name as a Kingdom, her Council, Great Offices, and Title of her Sovereign—; And all things began de novo in both Kingdoms, under the single Denomination of Britain and British.

The second Head of Alterations is that of the Laws; And this is so particularly entered into in the beginning of this very Part of my Work, that I need be but very short.

• 1. The Laws of Government continue as the Government continues establish'd in the Claim of Right, I mean as to the Limitations of Government and Obedience; Nor has Scotland suffered any Loss, but rather been a manifest Gainer in this Point by the Union; The Privy Council Tyranny being a|bolish'd, who had arrived to that Height in Scotland, as to give their Acts almost of an equal Authority to Acts of Parlia|ment—; A Power wholly disclaimed by the Privy Coun|cil in England, to whose Powers and Authorities the present Council of Britain is by Parliament expresly Limited and Confined.
• 2. The Laws of Private Right have suffered no Alteration, other than as Private Right may be intermix'd with that of the Crown—; But all the Laws of Publick Right, such as relate to Customs and Excises, have suffered the Alterations mentioned in the Union, a Court of Exchequer being esta|blish'd in Scotland for that purpose; And this was necessary, as has been noted, because of the Alterations necessary in the Revenue, and in the respective Methods of Ascertaining and Collecting the Customs, Excises, &c. due to the Crown; And in this Clause may be included the several Laws for Pe|nalties, Fines, Forfeitures, and Confiscations, upon the par|ticular Trespasses of the Laws relating to Customs and Excise, which were wholly new—.
• 3. The Governing Laws relating to the Civil Peace have suffered some Alteration, as to what was just before the Uni|on by the Erecting Justices of the Peace; But this seems a Re|storing what was before, rather than an Alteration of what was, since it was nothing but what was actually put in Practice

• twice before, and what there were Laws then in Being to ju|stify their Return. So all the Alterations that seem to be made now, were, First, Only that the Justices of Peace formerly had their Commission from the Privy Council in Scotland, but now received it from the Lord Chancellor of Britain—; And, Se|condly, That the Justices of Peace had some new Powers vested in them since the Union, which they had not before, such as determining Disputes in the Duty of Excise, giving Power of Distress for Payment, Warrants of Forcible Entries, in case of Concealments of Customs, and the like.

All the rest of the Laws of Scotland remained the same per the Union; The Circuits of the Lords of the Justiciary I take also to be no Innovation at all, as what had formerly been practised.

I come now to Alterations of Trade; And these can receive but a very short Description here, because the greatest Alte|rations which happened in Trade, could not follow the Union so closs at the Heels, as the Time of the Writing these Sheets require to relate it; But such as were immediately the Consequence of the Union, were such as these,

• 1. A general Prohibition and Stop of Commerce with France, which, till now, Scotland publickly carryed on.
• 2. A Prohibition of all Exports and Imports as in England; And by virtue of that Clause, a particular Prohibition of the Exportation of Wool, which was, till then, publickly allow|ed in Scotland, and which, tho' People seemed at first very uneasy at, yet was, without Doubt, very much for the Pub|lick Advantage of Scotland, whose Manufactures were thereby quite sunk as to Exportation—; This Article was attended with Penalties and Forfeitures particular, and such as were not practised in Scotland, and for which the Laws of Excise and Customs in England were introduced, and the Trials on which were brought on, either before the Justices of Peace, or Court of Exchequer, as above.
• 3. Whereas Scotland had, before this, prohibited all the English Woollen Manufactures, under severe Penalties, and England, on the other Hand, had excluded the Scots from Trading with Scots Ships to their Colonies in America, directly from Scotland, and had Confiscated even their own English Ships Trading to the said Colonies from England, if Navigat|ed or Manned with above one Third Scots Seamen, had laid Tolls and heavy Imposts upon Cattel and Linen Imported into England from Scotland, and had prohibited the Exportation of Corn from England to Scotland, tho' the Occasion of it might be never so great, but on the same Conditions, and under the same Restrictions as to other Countries; Now, by the Uni|on, all these Prohibitions, Restraints, Tolls, Imposts, and Exclusions on either Hand, were taken off; The English Growth and Manufactures, formerly prohibited, came immediately, free of all Interruptions into Scotland; All the Tolls and Im|posts

• upon Scots Cattel, Linen, or other Goods in England, were taken off; All the Ports of England, whether in Europe or America, were open to Scots Ships, without any Imposts or Restraint; Scots Sailers in English Bottoms were immediately free, and Ships from the English Colonies might Sail to, and Unlade free in Scotland, without any Obstruction.

These I call Alterations in the Laws of Trade; Besides which, there were some particular Alterations which relate to the Draw|backs, Bounties, and Allowances on the Exportation, and for Encouragement of the Exportation of Fish, Corn, Pork, &c. Of which I need say nothing, having been very particular already in the Relation of the Debates upon those Heads in Parliament.

The Consequences of these Things upon Trade are at present few, but will necessarily be far greater hereafter—; The first visible Consequence was the Rise and Fall of several kinds of Mer|chandizes, as the new Alterations, Prohibitions, or Importations of them happened, differing from what they were before.

As for Example, Wines, Brandy, and all kinds of Goods of the Growth of France, must of Course rise in their Value, the further Import being prohibited; And this would have enrich'd a great many Families in Scotland, who had Quantities of these Goods on their Hands, had not the Difficulty of Enforcing these Prohibitions at first laid Trade open to Clandestine Importations, by which the Fair Trader was, as in such Cases always happens, a very great Sufferer.

Secondly, All the Goods of the Growth of the English Colonies, or which were to be had from England, being now Imported directly to Scotland, began to come as the Return of the Scots Manufactures—; Several Ships being laden from Scotland to Virginia and Barbadoes, the very first Year after the Union.

Another Consequence of this Union in Trade, was the letting fall almost all the Woollen Manufactures, which had been erected in Scotland, and where they began to come to some Perfection in making Broad Cloth, Druggets, and Stuffs of all sorts; But, upon the Opening the English Trade, they were immediately so Throng'd with English Goods of the same sorts so much cheaper, that it ap|peared those Things would die of Course.

Tho' indeed this seemed to be some Blow to their Trade, and particularly to the Imployment of their Poor, yet, at the same time, the Duties upon Linen from Scotland being taken off in Eng|land, made so great a Demand for Scots Linen more than usual, that it seemed the Poor could want no Imployment; And several kinds of Linen being set to Work by English Men, which never be|fore were made, or at least for Exportation in Scotland, such as Sail-Cloths, Canvas, Damask, &c. It is thought, the Imployment of the Poor was not lessened by this Alteration.

On the other Hand, the Lower and Courser Manufactures in Scot|land, which were made of their own Wool, seemed to increase, and not only found a larger Vent in Scotland, but were bought up

by the English Merchants, who brought other Stuffs thither, and sold in England; And these Manufactures are not unlikely to rise to a considerable Height, such as Stirling Serges, in England called Shaloons, Musselburgh Stuffs, and the like; And we find in England some Proposals from the African Company, for the making Guinea Stuffs there, which perhaps may in time come to be very conside|rable.

I might enter here into the Schemes and Projects, which have made much Noise in the World for Improvement of Fishing in Scot|land, and of Navigation and building Ships in Scotland; But as these things have yet made no Alterations in the Trade, and are but in Embrio at the Writing these Sheets, I cannot mingle them here as Matter of History, but have touch'd them more at large in the Preface.

It remains only to speak of the Alterations of the Customs—; And this would have required a long Table of the several Duties and Impost formerly paid in Scotland upon the Export and Import of Merchandizes—; But having already given an Account, That the whole Customs are settled upon the English Foot; And the Duties of all Kinds being too large to insert here, and already Print|ed in the Book of Rates, Re-printed in Scotland, it would be a Vain Labour to recite the Particulars: And as to the Difference between the Duties on the English Foot, and the Duties as paid be|fore, it required the very same Recital of Particulars, the Length of which would be intolerable; And for this Reason, tho' I have re|ferred to some Schemes said to be in the second part of this Appen|dix, and which I received from the Custom-House in Scotland, yet when I came to find upon Examination, that the Tacksmen of the Customs in Scotland usually compounded with the Merchants, and reduced the said Customs to what Sum they pleased, I chose to omit a Scheme, which, when put down, would give the Reader no certain Guess at the Thing, and consequently signify no|thing.

If any Man should enquire, Whether, upon the whole of these Alterations in Trade, Scotland is Gainer or Loser, I must ac|knowledge, it is a difficult Point to resolve at so small a Di|stance from the Finishing the Union; But, as to the Profit of the Trade between Scotland and England in particular, as it ap|pears at the Writing these Sheets, I shall leave the Impartial Ob|server to guess by these Two Particulars.

• 1. That about Seventeen Ships from the several Ports of Scotland are already fitted out, and sent away to the English Colonies, whose Loading is certainly the Product of the Ground, or Labour of the Poor, and whose Return must be in Sugar, Tobacco, Cotton, Indico, &c. and Money—.
• 2. That above 170000 Bolls of Corn of sundry sorts has already been Shipped off from Scotland for England, besides a very great Quantity bought up by England, and Shipp'd di|rectly for Portugal; Both these Articles are Additions to the

• Trade of Scotland, and both within little more than a Year immediately succeeding the Union of the Island: What fur|ther Encrease of Commerce may accrue to Scotland, when these Bloody Wars shall end, and when Peace shall be restor|ed to Europe, I shall not pretend to Examine; But there seems to be no Question, but the Trade of Scotland stands fair for very great Improvements.

FINIS.

APPENDIX. Part II.

N^o A x.

Act anent Prayer for the Parliament, anent the UNION.

At Edinburgh the Fourteenth day of October, One Thousand seven Hundred and six years.

THe Commission of the General Assembly taking to their most serious Consideration, the great and weighty Affairs now in Agitation, specially the Treaty betwixt the two Kingdoms; And how much these call to all to be Earnest with GOD in sincere and fervent Supplications for His Direction and Assistance to the High Court of Parliament and all others Concerned, to bring them to a Happy Issue, for His own Glory and the Good of this Church and Kingdom. Do therefore Resolve and Declare, that in the first place, they for themseles and for all that shall be pleased to joyn with them, will Keep and Observe Friday next the 18th Instant at 10 a-Clock in this Place, for a Day of serious Prayer and Supplication to GOD, for his Divine Presence and Assistance for the End foresaid; And in the next Place, do most earnestly Recommend to all the Lords Ministers and People, that they also make Application to GOD upon all proper Occasions for the said Ends and Blessings; And that this Act be forth|with sent and Transmitted to all Presbyteries for their Concurrence by themselves, and by stirring up their People to the Duty above Re|commended.

And on the 22th of the same Month, this Affair being moved again, the following Act of the Commission was made; as per the History Fol. 27. Of the Treaty in Scotland.

ACT Of the Commission of the General Assembly, Concerning Solemn Prayer and Humiliation.

At Edinburgh, The 22d of October, 1706.

THE Commission of the General Assembly of this National Church, having under their most serious Consideration; That the great and weighty Affair of a Treaty of Union, be|tween the two Nations, is now laid before the Parliament; And how much the Result of their Determinations, with Respect to the same, may prove of the highest Consequence; both to this Church and Nation in all their Interests Civil and Religious; And that both to the present, and succeeding Generations; Considering likewise, that the abounding and continued Encrease of Impiety, Popery and Prophanness through the Land, the abuse of the Privileges and Mer|cies, we have enjoyed, and hitherto, through the Infinite Goodness, and Long-suffering Patience of GOD do still enjoy, our Ʋnthank|fulness for, and Ʋnfruitfulness, under the Gospel; Our Formality, Decay of Zeal and slackness in Promoving according to our Stations, the much called for Work, of Sincere Personal and National Refor|mation; May justly provoke the Righteous and Holy GOD, to re|move our Blessings, to smite us in his hot Displeasure; and for our Sins to leave our Rulers in this vastly important, and difficult Exigence wherein there is so much need of clear and unprejudicated Light, and of Harmony, and Oneness in the LORD: They have therefore judg|ed it incumbent upon them to excite themselves, and all the People of GOD in the Land to much Seriousness, Diligence, and continued Fervour in applying to the Throne of Grace, upon so great and mo|mentuous Affairs: And they do hereby most seriously and earnestly Recommend to all the Presbytries within this National Church; To appoint, set a part, and observe a Day, for solemn publick Prayer, Fasting and Humiliation, in all the Curches within their Respective Bounds, as soon as possible; For which End the Moderators of the several Presbytries are to call them pro re nata, as soon as this comes to their Hand; And farder, that Presbytries continue to keep among themselves, and Ministers with their Sessions, Dyets, for persisting instant in prayer to GOD, and for preserving upon their own Spirits, and of all the Lords People, a due Concern about their proper duty with Respect unto the Church of CHRIST, and the great Affairs now in Agitarion.

And the Commission doth most earnestly beseech and obtest in the Bowels of our Lord Jesus Christ, all their Brethren of the Ministry, and all the Lords People, that they stir up themselves and one ano|ther to humble sincere and penitent Confessions of their own Sins, and the Sins of the Land, and to unfeigned Resolutiosn to Amend|ment, with active and zealous Endeavours after thorow Reformation respectively in their Places; Together also with ardent Supplications to the Father of Mercies in Behalf of the whole Church of Christ over the World; And particularly of the Church in this Land, that he may be pleased to take away all Iniquity, to turn our Hearts unto him, to return unto us and abide with us in Mercy, and graciously to pre|serve, establish and perfect what he has wrought for us: That our most Gracious Queen may be blessed and preserved in her Person, and guided of God in her Government and Councils, and that there may be a due thankful Acknowledgement of the great and wonderful Things God hath done, in giving such Success to the Forces of Her Majesty and these of her Allies, against the great Troubler of the Peace of Europe, and Persecutor of the Church and People of God, and that God may continue his Kindness in prospering Her Majestie's, and these of Her Allie's Forces both by Sea and Land against the com|mon Enemy; And that all the Consultations and Determinations of the Estates of Parliament, especially with Respect to an Ʋnion with England may be influenced and directed by divine Wisdom and Conduct in the Fear of the Lord, to his Glory, the good of Religion, and this National Church established by Law in Doctrine, Worship, Discipline and Government, and the Well-fare, Comfort and Satisfacti|on of the People of this Nation, and the Peace and Prosperity of both Kingdoms, that Iniquity may stop its Mouth, that all sinful Conten|tion and Discord may cease; And that Truth, Righteousness, and Peace may flourish and be perpetuated in this Church and Land: And its ordained that thir Presents be read in the Paroch Churches. This Act being voted was unanimously approven by the said Commission.

Extracted by Me JO. DƲNDAS Cls. Eccl.

N^o B x.

To His Grace the Duke of Queensberry, Her Majesties High Commissioner; And to the Right Honourable, the Estates of Parliament: The Humble Address and Petition of the Commission of the General Assembly of the Church of SCOTLAND,

HUMBLY SHEWETH,

THAT where We are called by Our Great LORD and MASTER, and Entrusted by the late General Assembly of this Church,

to Advert to the Interest and Concerns of this Church on all Oc|casions that may offer, for promoving of its Good and Advantage; And the preventing of any Hurt or Prejudice it may suffer. And where|as by the late Act of Parliament for a Treaty with England, for an Union of both Kingdoms; It is Provided, That the Commissioners for that Treaty, should not Treat of, or concerning any Alteration of the Worship, Discipline, and Government of the Church of this King|dom, as now by Law Established. Likeas, Her Majesty, in Her Gracious Letter to the Parliament, hath been pleased on the present Occasion, to renew the Assurances Her Majesty formerly gave of Her Resolution to maintain the Government of the Church as by Law Established; Therefore, and in Regard there can be nothing more Important to the Glory of GOD, and to the perpetual Peace and Happiness of this Kingdom; nor agreeable to Her Majesties most gracious Pleasure; nor more becoming the Wisdom and Faithfulness of this High and Honourable Court of Parliament; We do most humbly and earnestly Supplicate and Beseech your Grace and Lord|ships, That you may be pleased to Establish and Confirm the true Protestant Religion, and all our Sacred and Religious Concerns, in the most Effectual Manner, for their Unalterable Security to the Peo|ple of this Land, and all succeeding Generations. And, Especially, that Her Majesty, with Advice and Consent of the Estates of Parlia|ment, would be pleased to Ratify and Confirm the fifth Act of the first Parliament of K. W. and Q. M. Intituled, Act Ratifying the Confession of Faith, and Settlement of the Presbyterian Church Govern|ment; And the other Acts of Parliament relating thereto, in Prose|cution of the Declaration of the Estates of this Kingdom, containing the Claim of Right, of the Date the 11th of April 1689: Expresly Providing and Declaring, That the foresaid true Protestant Religion, contained in the above mentioned Confession of Faith, with the Purity of Worship presently in Use in this Church, and the Presby|terian Church Government and Discipline; That is to say, The Government of the Church, by Kirk-Sessions, Presbytries, Provinci|al Synods, and General Assemblies, which We are perswaded are agreeable to the Word of GOD, and founded thereon, and which are Established by the foresaid Acts of Parliament, pursuant to the Claim of Right, shall Remain and Continue Unalterably; And that the said Presbyterian Government, shall be the only Government of the Church within this Kingdom; And that this Provision shall be held and observed in all time coming, as a Fundamental Article, and Essential Condition of any Treaty or Union that shall be con|cluded betwixt the two Kingdoms; And that it be further Settled, with all the Security that your Grace and the Estates of Parliament shall judge to be Sufficient.

And your Petitioners Do and shall ever Pray, That GOD only Wise, may guide your Grace and the Estates of Parliament, not on|ly to the Full and Effectual Establishment of our foresaid Religion and

Church Government, and the Concerns thereof; But likewise, in this Whole Great and Weighty Affair of the depending Treaty, That the Result and Issue thereof may be the Glory of GOD, the Good and Advantage of the People of this Nation, in all Things, both Religi|ous and Civil, and for continuing of Peace and Amity in this whole Island; And preserving under the Divine Protection, the Protestant Interest at Home and Abroad, against all the Contrivances of its rest|less Enemies.

Signed in Presence, in Name, and at the Appointment of the Commission of the General Assembly; By Sic Subscribitur, WILL: WISHEART, Moderator.

N^o C x.

PROCLAMATION Against Tumults and Rabbles.

ANNE By the Grace of GOD, Queen of Great-Britain, France, and Ireland, Defender of the Faith: To Our Lyon King at Arms, and his Brethren Heraulds, Macers of Our Privy Coun|cil, Pursevants, Messengers at Arms, Our Sheriffs in that part, con|junctly and severally, specially Constitute Greeting. Forasmuchas, notwithstanding that the raising of Tumults be a most dangerous, per|nicious, and unboundable Practice, contrary to the very Being and Constitution of Government, and Destructive of the chief Ends thereof, The Safety and Security of Mens Lives and Fortunes; And that by several Acts of Parliament, such as Ja. 2d Par. 14. Cap. 77. And Jac. 4th Par. 3d Cap 34. It is Statute that there be no Commo|tion, nor rising of Commons in Burrows, in hindering of the Common Law; And that if any does in the contrary, and Knowledge or Tent may be gotten thereof; Their Goods be Confiscate to the King, and their Lives be at the King's Will: As also, by the Act of Parliament Ja. 6th, Par. 18. Cap. 11. It is Statute, That no Person within Burgh take upon Hand, under whatsomever pretext, to convocate, without the Knowledge and Licence of the Magistrates, under the Pain to be punished in their Body and Goods, with all Rigour. As like|ways, that the haill Inhabitants of the said Burgh readily Assist and Concurr with the Magistrates for settling and punishing the saids Tu|mults, under the pain of being Fosterers and Maintainers thereof. Like|as, by the Act of Parliament, Ja. 6th. Par. 17. Cap. 4th. It is Statute, that whatsoever Person Invades or Pursues any of his Highness Session, Secret Council, or any of his Highness Officiars: It being verified and Tryed, That they were pursued and Invaded for doing of his Highness Service, shall be punished to the Death: There hath hap|pened within these Few Days, and particularly on the Twenty Third Instant, and near to the Parliament-House, and in the Parliament-Closs,

even the Time of Sitting, and at the Rising of the High and Honourable Court of Parliament, where Our High Commissioner was present amongst them, Most Disorderly and Insolent Convocations, and gathering of Commons, filling the Streets with Clamour and Confusion, and Insulting not only peaceable Persons; But also some of the Members of Our said High and Honourable Court of Parliament, presuming to Threaten and Invade them in their very Dwelling-Houses, by a most villanous and outragious Mobb, which all Per|sons of Justice, Reason and Honour ought to detest, and endeavour to Suppress and Prevent in the severest & strictest Manner. Therefore, we in the just Resentment of such high Indignities; & to prevent the like in all Time coming, have thought fit, with Advice of the Lords of Our Privy Council; To ordain the Magistrates of Edinburgh to con|tinue their Diligence, and make strict Inquirie and Search, and to cause Apprehend all the Authors, Abetters, Accessaries, or Assistants of the foresaids Convocations, Mobbs and Tumults, to the Effect they may be brought to condign Punishment; Declaring for that End, That whosoever shall discover any of the saids Authors, or Accessaries of the saids Tumults, shall not only be himself Indemnified, But have a due steward for so good Service. And further, We with Advice foresaid, Ordain the Magistrates of Edinburgh, to call all the Deacons of Crafts, and Masters of their Incorporations, and all O|thers their Housholders & Inhabitants, and Oblige them for the good Behaviour of their Apprentices, Servants and Domesticks, in such manner as the Laws and Customs of the Burgh do allow. As also, that they call the Regents and Masters of the Colledge of Edinburgh, and enjoyn them strictly, that for hereafter they keep their Schollars in good Order, and be careful of their quiet and peaceable Behavi|our: And We Ordain all the Inhabitants of the said Burgh, readi|ly to Assist and Concurr with the Magistrates, for repressing and pu|nishing all Tumults, under the foresaid Pain of Law: And farder for preventing the like wicked Insolence in Time coming; We with Advice foresaid, hereby declare, That in Case and when|ever any such Disorderly Convocation or Tumult shal appear, or begin to appear for hereafter; and that thereupon Intimation shal be made by the Magistrates, to all and sundry, to withdraw and retire to their respective Houses, Shops and Imployments; What|ever Apprentice, Servant, Journey-man, Foot-man, or any other Person, shall disobey and be found upon the Streets, shall be repute and held as Fosterers and Maintainers of the saids Tumults, and punished accordingly. And it is farder Ordered, that after such In|timation made to all Persons to retire to their Houses, and clear the Streets; Whoever shall be found thereafter Disobedient, and to continue upon the Streets, may be attacked and Seized by the Town Guard within the Town of Edinburgh, and alse by such of our For|ces, as upon such Occasions have been, or shall be called for, and or|dered by our Privy Council to March in, and be assistant for the suppressing and dissiparing of such wicked Tumults and Disorders and that with all Manner of Force, and by all such means as shall be

necessary for that Effect. And We with Advice foresaid, do farder Declare, That if any Slaughter, Mutilation, Wounds, Blood or Bruises shall happen to be committed by the foresaids Guards, or any of our Forces that shall be Ordered for their Assistance, or by their Officers in Obedience to these our Orders, in Suppressing and Dissi|pating of the saids Tumults, and clearing the Streets thereof. The Actors and Authors thereof, are hereby Declared to be Indemnified for ever; and We discharge all Pursute Civil or Criminal to be in|tented against them on the foresaid Account in all Time coming, as having acted and done Nothing but what was their Duty; And in Case any of Our People shall dare to be so presumptuous, after Publication of the Premisses, to assemble or continue in Arms; We hereby require and Command the Sheriffs of our several Shires, Stew|arts of Stewartries, Baillies of Regalitys and Barronies, Magistrates of Burghs, and other Officiars of our Law, Officers of Our Forces, and Troops under their Command, to pass upon, disperse and sub|due the said Convocations by open Force, and all Manner of Vio|lence, as Enemies and open Rebels to Us and our Government; And in Case any Slaughter, Blood, Bruises, or Mutilation shall happen to be done, and committed by our said Sheriffs, and Officers of our Forces, and other Magistrates foresaid, or Persons under their Com|mand; We with Advice foresaid, do hereby fully Remitt, pardon and indemnifie the same, and discharge the Prosecution thereof Civilly or criminally in all Time Coming. OUR WILL IS HEREFORE, and We charge you, that ye pass to the Mercat-Cross of Edinburgh, and Mercat Crosses of Drumfreis, Lanerk and Glasgow, and other Places needful, and there make Publication hereof, by open Procla|mation of the Premisses, that none may pretend Ignorance. And or|dains these Presents to be printed, and our Solicitors to send Copies hereof to the Magistrates of the Respective Burghs above-mentioned for that Effect. Extracted forth of the Records of Parliament, by

JA. MƲRRAY, Cls. Reg.

Given under Our Signet at Edinburgh, the Twenty fourth Day of October, and of Our Reign the Fifth Year 1706

Per Actum Dominorum secreti Concilii.

N^o D x.

To His Grace, Her Majesty's High Com|missioner, and the Right Honourable, the Estates of Parliament, The ADDRESS of the Commissioners to the General Con|vention of the ROYAL BURROWS of this Ancient King|dom, Conveened the 29th of October last, upon the Great Concern of the Union, Proposed betwixt Scotland and England, for Concerting such Measures, as should be esteemed Proper for Them to take, with Relation to Their TRADE, and other Concerns.

HUMBLY SHEWETH,

THAT as by the CLAIM OF RIGHT, it is the Privilege of all Subjects to Petition: So at this Time, being mostly Impow|ered by Our CONSTITƲENTS; and knowing the SENTI|MENTS of the PEOPLE We Represent: It is Our Indispensible DUTY, to Signifie to Your Grace, and the Honourable Estates of Parliament. That as We are not against an Honourable and Safe U|nion with England, Consisting with the BEING OF THIS KING|DOM, and PARLIAMENT thereof: Without which, We con|ceive neither Our RELIGION, nor Our CIVIL INTERESTS and TRADE, as We now, by LAW, Enjoy them, can be Secured to Us, and Our Posterity, far less can We expect to have the Condition of the PEOPLE of SCOTLAND, with Relation to these great Con|cerns, made Better and Improven, without a SCOTS PARLIA|MENT.

AND, Seing by the Articles of Union, now under the Considerati|on of the Honourable Estates of Parliament, It is agreed, That SCOT|LAND and England shall be United into one Kingdom; And that the united Kingdoms be united by one and the Same Parliament. By which Our MONARCHY is Supprest, Our PARLIAMENTS Extin|guished; and in Consequence, Our RELIGION, CHURCH-GO|VERNMENT, CLAIM OF RIGHT, LAWS, LIBERTIES, TRADE, and all that is Dear to Us, daily in Danger of being Encroached upon, altered, or wholly Subverted by the English, in a British-Para|liament: Wherein, the Mean Representation allowed for SCOT|LAND, can never Signifie in Securing to us the INTEREST Reser|ved by us, or granted to us by the English.

And by these Articles, Our Poor PEOPLE are made liable to the English Taxes, which is a certain unsupportable Burden; Conside|ring, That the Trade Proposed is Uncertain, Involved, and wholly

Precarious: Especially: when Regulate as to Export and Import by the Laws of England, and under the same Prohibitions and Restricti|ons, Customs, and Duties. And considering, That the most consi|derable Branches of Our TRADE, are differing from those of England, and are, and may be yet more Discouraged by their Laws; And that all the Concerts of TRADE, and OUR INTEREST, are, after the Ʋnion, Subject to such Alterations, as the Parliament of Great-Britain shall think fit.

We therefore Supplicate your Grace and the Honourable Estates of Parliament; and do assuredly Expect, that ye will not con|clude such an Incorporate Ʋnion, as is contained in the Articles Proposed; But that ye will Support and Maintain the TRƲE REFORMED PROTESTANT RELIGION and CHƲRCH GOVERNMENT, as by Law Established The SOVEREIG|NITY and INDEPENDENCY of this CROWN and KING|DOM, and the RIGHTS and PRIVILEGES of PARLIA|MENT, Which has been Generously asserted by you, in the {left blank} Session of this present Parliament: And do further Pray, that effectual Means may be used for Defeating the De|signs and Attempts of all Popish Pretenders whatsomever, to the Succession of this CROWN and KINGDOM; and for Securing this NATION against all the ATTEMPTS and INCROACHMENTS that may be made by any Persons whatsomever, upon the SOVEREIGNITY, RELIGION, LAWS, LIBERTIES, TRADE and QƲIET of the same. And We promise to Maintain with Our Lives and Fortunes all these valuable Things, in Opposition to all POPISH and other Enemies whatsomever, according to our LAWS, and CLAIM OF RIGHT.

Signed by ORDER, and in PRESENCE of the Convention, by Sam. Mclellan Preses.

N^o E x.

THese are to Notifie to all Concerned, what are our Reasons for, and Designs in the Burning of the Printed Articles of the Proposed Ʋnion with England, with the Names of the Scots Commissio|ners, Subscribers thereof; together with the Minutes of the whole Treaty betwixt them and the English Commissioners thereanent.

WE have herein no Design against Her Majesty, nor against England, or any Englishman; neither against Our present Parliament, in their Acts or Actings, for the Interest, Safety and Sovereignity of this Our Native and Ancient NATION; But to Testifie our Dissent from, Discontent with, and Protestation against

the Twenty five Articles of the said Union, Subscribed by the fore|said Commissioners, as being Inconsistent with, and altogether Pre|judicial to, and utterly Destructive of this NATION's Independency, Grown-Rights, and Our Constitute Laws, both Sacred and Civil. We shall not here Condescend upon the particular Prejudices, that do, and will redound to this Nation, if the said Ʋnion should be car|ried on, according to the Printed Articles: But referrs the Reader to the Variety of Addresses, given in to the present Parliament by all Ranks, from almost all Corners of this Nation, against the said Ʋnion: Only We must say and profess, That the Commissioners for this Nation, have been either Simple, Ignorant, or Treacherous if not all Three; when the Minutes of the Treaty betwixt the Com|missioners of both Kingdoms are duely Considered; And when we compare their Dastardly Tieldings unto the Demands and Proposals of the English Commissioners; who, on the contrair, have Valiantly Acquit themselves for the Interest and Safety of their Nation.

We acknowledge it is in the Power of the present Parliament, to give Remissions to the Subscribers of the foresaid Articles; and we heartily wish for a good Agreement amongst all the Members of the Parliament, so as it may tend to the Safety and Preservation of both CHURCH and STATE, with all the Privileges belonging thereto, within the Kingdom of SCOTLAND.

But if the Subscribers of the foresaid Treaty and Union, with their Associats in Parliament, shall presume to carry on the said Ʋni|on, by a supream Power, over the Belly of the Generality of this Nation: Then, and in that Case, as we judge, that the Consent of the Generality of the same, can only Divest them of their Sacred and Civil Libertys, Purchased and Maintained by our ANCESTORS with their Blood: So we protest, whatever Ratification of the foresaid Ʋnion may pass in Parliament, contrair to our Fundamental Laws, Liberties, and Privileges, concerning Church and State, may not be binding upon the Nation, now or at any Time to come: And par|ticularly we protest against the Approbation of the first Article of the said Ʋnion, before the Privileges of this Nation, contain'd in the other Articles had been adjusted and secured: And so we ear|nestly Require, that the Representatives in Parliament, who are for Our Nation's Privileges, would give timeous Warning to all the Corners of the Kingdom; That we and our Posterity become not Tributary and Bond-slaves to our Neighbours, without acquiting our selves, as becomes Men and Christians: And we are Confident, that the Souldiers now in Martial Power, have so much of the Spi|rits of Scots men; that they are not ambitions to be Disposed of, at the pleasure of another Nation: And we hereby Declare, that we have no Design against them in this Matter.

N^o F x.

OVERTURE For an Act for Security of the Church.

OƲR SOƲEREIGN LADY, and the Estates of Parliament, Considering, That by the late Act of Parliament, For a Trea|ty with England for an Ʋnion of both Kingdoms, It is provided, That the Commissioners for that Treaty should not Treat of, or concerning any Alteration of the Worship, Discipline and Government of the Church of this Kingdom, as now by Law established; Which Treaty being now Reported to the Parliament, and it being reasonable and necessa|ry, That the true protestant Religion, as presently professed within this Kingdom, with the Worship, Discipline and Government of this Church, should be Effectually and Ʋnalterably secured; Therefore, Her Majesty, with Advice & Consent of the said Estates of Parliament, Doth hereby Establish and Confirm the said true Protestant Religion, and the Worship, Discipline and Government of this Church, to con|tinue without any Alteration to the People of this Land in all succeed|ing Generations; and more especially, Her Majesty with Advice and Consent foresaid, Ratifies, Approves and for ever Confirms the 5th Act of the 1. Parliament K. W. and Q. M. Intituled, Act ratifying the Confession of Faith, and settling Presbyterian Church Government, with the ha••ll other Acts of Parliament Relating thereto, in Prosecu|tion of the Declaration of the Estates of this Kingdom, containing the Claim of Right, bearing date the 11th of April 1689. And Her Ma|jesty, with Advice and Consent foresaid, expresly Provides and De|clares, That the foresaid True Protestant Religion, contained in the above mentioned Confession of Faith, with the Form and Purity of Worship presently in Ʋse within this Church, and its Presbyterian Church Government and Discipline, That is to say, The Govern|ment of the Church by Kirk-Sessions, Presbytries, Provincial-Synods and General-Assemblys, all established by the foresaid Acts of Parlia|ment, Pursuant to the Claim of Right, shall remain and continue un|alterable; and that the said Presbyterian Government shall be the only Government of the Church within the Kingdom of Scotland, And further; for the greater Security of the foresaid Protestant Reli|gion, and of the Worship, Discipline and Government of this Church as above established, Her Majesty, with Advice and Consent foresaid, Statutes and Ordains, That, in all Time coming, no Professors, Principals, Regents, Masters or others bearing Office in any Ʋni|versity, Colledge or School within this Kingdom, be capable, or be admitted or allowed to Continue in the Exercise of their said Functions, but such as shall Own and Acknowledge the civil Government in Man|ner prescribed or to be prescribed by the Acts of Parliament. As also, that before or at their Admissions, they do and shall acknowledge and Profess, and shall subscribe to the foresaid Confession of Faith, as

Confession of their Faith, and that they will practise and conform themselves to the Worship presently in Ʋse in this Church, and submit themselves to the Government and Discipline thereof, and never endeavour directly or indirectly the Prejudice or Subversion of the same, and that before the respective Presbytries of their Bounds by whatsomever Gift, Presentation or Provision, they may be thereto provided. And further, Her Majesty, with Advice foresaid expresly Declares and Statutes, That none of the Subjects of this Kingdom shall be lyable to, but all and every one of them for ever free of any Oath, Test or Subscription within this Kingdom, con|trary to or Inconsistent with the foresaid True Protestant Religion and Presbyterian Church Government, Worship and Discipline as above established, and that the same within the Bounds of this Church and Kingdom shall never be imposed upon, or required of them in any Sort. And lastly, That after the Decease of Her present Ma|jesty (whom GOD long preserve) The Sovereign succeeding to Her in the Royal Government of this Kingdom, shall in all Time coming, at His or Her Accession to the Crown, Swear and Subscribe, that they shall Maintain and Preserve the foresaid Settlement of the True Protestant Religion, with the Government, Worship and Discipline of this Church as above established, inviolably, And it is hereby Statute and Ordained, That this Act of Parliament, with the Establishment therein contained, shall be Held and observed, in all Time coming, as a Fundamental and Essential Condition of any Treaty or Ʋnion to be Concluded betwixt the two Kingdoms, with|out any Alteration thereof, or Derogation thereto in any Sort for ever. As also, That this Act of Parliament, and Settlement therein contained, shall be Insert and Repeated in any Act of Parliament that shall pass for agreeing and concluding the foresaid Treaty or Ʋnion betwixt the two Kingdoms, and that the same shall be there ex|presly Declared to be a Fundamental and Essential Condition of the said Treaty or Ʋnion in all Time coming.

N^o G x.

Agreed to in the Commission. November. 8 1706.

Unto His Grace, Her Majesties High Commissioner, and the Right Honourable the Estate of Parliament. The Humble Representation and Petition, Of the Commission of the General As|sembly of this National Church.

SHEWETH,

THat beside the general Address already made by us, for securing the Doctrine, Worship, Discipline and Government of this Church, and now under Your Consideration, which withall Gratitude we acknowledge; There are some Particulars which in Pursuance of the Design of our said Address, we do with all Humi|lity lay before Your Grace and Lordships.

• I. That the Sacramental Test being the Condition of access to Places of Trust, and to Benefites from the Crown, All of our Com|munion must be debarred from the same, if not in Scotland, Yet through the rest of the Dominion of Britain, which may prove of most dangerous Consequence to this Church.
• II. That this Church and Nation may be exposed to the further Danger of new Oaths from the Parliament of Britain, unless it be provided that no Oath, Bond or Test, of any Kind, shall be requi|red of any Minister or Member of the Church of Scotland, which are inconsistent with the known Principles of this Church.
• III. There being no Provision in the Treaty of Ʋnion, for secu|ring of this Church by a Coronation Oath, That therefore in the Co|ronation Oath to be taken by the Sovereigns of Great-Britain, they be engaged to Maintain the Doctrine, Worship, Discipline and Go|vernment of this Church, and the Rights and Privileges thereof, as now by Law established.
• IV. That in Case the proposed Union be Concluded, the Church will suffer Prejudice, unless there be a Commission for Plantation of

• Kirks and Valuation of Teinds, and making up the Registers of that Court which were Burnt, and a Judicatory in Scotland for Redressing Grievances, and Judging Causes which formerly were Judged by the Privy Council, such as the Growth of Popery, and other Irregulari|ties, and with which Judicature, the Church may correspond anent Fasts and Thanksgivings.
• V. Likewise we do humbly Represent, That in the Second Part of the Oath of Abjuration in Favours of the Succession in the Prote|stant Line, there is Reference made to some Acts of the English Parli|ament, which every one in this Nation who may be Obliged to take the said Oath, may not so well know, and therefore cannot Swear with Judgment. As also, there seems to us, some Qualifications re|quired in the Successor to the Crown, which are not suitable to our Principles.
• VI. And in the last Place, In Case this proposed Treaty of Union shall be concluded, This Nation will be subjected in its Civil Interests, to a British Parliament; Wherein Twenty six Prelates are to be Constituent Members and Legislators. And lest our Silence should be Constructed to Import our Consent to, or Approbation of the Civil Places and Power of Church Men; We crave Leave in all Humility, and due Respect to your Grace and Honourable Estates of Parliament, to Represent, that its Contrary to our known Prin|ciples and Covenants, That any Church Man should bear civil Offi|ces, or have Power in the Common Wealth.

These Things we humbly beseech Your Grace and Lordships to Consider, and provide suitable Remedies thereto. And We shall Pray that the only wise God may so Direct and Guide Your Grace and Lordships in these, and all other Matters that ly before You; That the Result of Your Consultations may be the Glory of God, the Advantage of Religion, the Peace and Comfort of Her Majesty, (whose long and Prosperous Reign we heartily Pray for) The Pre|servation of Peace and Truth in both Kingdoms, and the Welfare of this Church and Nation in Particular, the Satisfaction of all who truly Love and Fear the Lord therein, the Peace of your own Con|sciences, and your Comfort in the Day of Your Accounts.

Signed in Name, in Presence, and at the Appointment of the foresaid Commission of the General Assembly, By WILL, WISHART Moderator.

N^o H x.

Reasons given in to Mr. William Wishart Moderator of the Commis|sion of the late General Assembly of the Church of SCOTLAND, Against the Representation and Petition.

AT Edinburgh the twelfth Day of November, One Thousand Se|ven Hundred and six Years; By the under Subscribing Noble|men and Gentlemen, Elders in the said Commission, Reasons for Dissent Entered, and Protestation taken by them upon the 7th Day of the said Moneth, in the Meeting of the Commission against an Ad|dress proposed to be made by the Commission upon the Grounds Contained in six Articles to the High Court of Parliament; Which Articles were by several Members of the Commission urged to be put to the Vote for Approbation in the Form and Terms follow|ing.

The Articles are as follows.

• 1. That the Sacramental Test being the Condition of Access to Places of Trust, and to Benefites from the Crown, All of our Com|munion must be Debarred from the same, if not in Scotland, yet through the Rest of the Dominion of Britain, which may prove of most dangerous consequence to this Church.
• 2. That this Church and Nation may be Exposed to the further dan|ger of new Oaths from the Parliament of Britain, unless it be provi|ded that no Oath, Bond or Test of any Kind, shall be required of any Minister or Member of the Church of Scotland, which are Incon|sistent with the known Principles of this Church.
• 3. There being no Provision in the Treaty of Union for Securing of this Church by the Coronation Oath, That therefore in the Coro|nation Oath to be taken by the Sovereigns of Great-Britain, they be Engaged to Maintain the Doctrine, Worship, Discipline and Go|vernment of this Church, and the Rights and Privileges thereof, as now by Law Established.
• 4. That in Case the Proposed Union be Concluded, the Church will suffer Prejudice, unless there be a Commission for Plantation of Kirks and Valuation of Teinds, and making up the Registers of that Court which were Burnt; And a Judicatory in Scotland for Re|dressing Grievances, and judging Causes, which formerly were jud|ged by the Privy Council, such as the Growth of Popery, and other

• Irregularities: And with which Judicatorie the Church may Corre|spondanent Fasts and Thanksgivings
• 5. Likewise, We do humbly Represent: That in the second Part of the Oath of Abjuration, in Favours of the Successor in the Prote|stant Line, there is Reference made to some Acts of the English Par|liament, which every One in this Nation who may be Obliged to take the said Oath, may not so well Know, and therefore cannot Swear with Judgment; As also, There seems to us some Qualifica|tions required in the Successor to the Crown, which are not suitable to our Principles,
• 6. And in the last Place, In Case the proposed Treaty of Union shall be concluded, this Nation will be subjected in its civil Interests to a British Parliament, wherein Twenty six Prelates are to be Consti|tuent Members and Legislators, and lest our Silence should be constru|cted to Import Our Consent to, or Approbation of the civil Places and Power of Church Men; We crave Leave in all Humility and due Respect to your Grace and Honourable Estates of Parliament to Repre|sent, That its contrary to Our Known Principles and Covenants, that any Church-Man should bear civil Offices, or have Power in the Com|mon Wealth.

Against which Articles and Address Proposed, the saids Elders did before the Vote protest, and take Instru|ments in the Hands of the Clerk of the Commission; For the Reasons following.

1. The Commission of the General Assembly having already Addrest to the Parliament for Securing the Doctrine, Worship, Dis|cipline and Government of this Church; And that Address being read in the House upon the 17th of October last, The Parliament did thereupon Declare, that before concluding the Ʋnion, they would take the said Address to their Consideration, and would do every Thing necessary for securing the true Protestant Religion and Church Government presently by Law established in this Kingdom; Which Assurance we conceive the Commission may very well rely u|pon, Seeing it is not to be doubted, that the Parliament will in due Time when the Address is taken to Consideration, make all necessa|ry Provisions for Securing our Religion and Church Government by Law established; And it may be constructed Jealousie or Diffidence in this Commission to press and pursue the said Address further, be|fore

it appear what Steps and Progress the Parliament shall make u+pon it, Especially seeing there are so many Elders of this Commission who are Members of the House: And being heartily Concerned for the Churches Interest, will certainly take Care that Nothing be Om|mitted or forgot to be Represented in Parliament which is Necessary for the Churches Security.

2. The Parliament having upon the 15th of October last, Voted to proceed presently to the Consideration of the Articles of the Treaty of Ʋnion, which might be Known to all by the published Minutes, We conceive it not Decent or suitable to the Prudence of this Com|mission to present an new Address Relating to the Subject of the for|mer: whereby the House may be impeded in its Procedure, which may cause a longer Delay of Considering the first Address by Occasio|ning new Questions and Debates in the House.

3. The 6th Article of the now intended Address, contains Matters which we conceive are not within the Sphere and Compass of the Commissions Business prescribed to them by the General Assembly. Yet a wide Step is made in quarrelling and Objecting to the Constitution of the Parliament of England the Representative of that Nation, with which this is now in a Treaty about an Union, likeways in that Ar|ticle the Form and Frame of the Civil Policy and Government of England, in the Extent and Latitude of it, Agreeable to it's Laws is Reflected upon and Challenged; all which in our Opinion, In|sinuates a Blaming and Condemning our Parliament for Treating of an Union with a Kingdom so Circumstantiated as England is.

4. Whatever the Constitution of the Parliament of England now is, and whatever may be the Constitution of the Parliament of Great Britain after the Union, the present legal Establishment of our Church is not alterable by it, that being without the bounds of the Treaty, which can reach no farther than the Civil Policy and Go|vernment of the United Kingdom; Besides that our legal Establish|ment will no doubt be further Fenced and Fortified, when the Com|missions Address is taken into Consideration by the Parliament.

5. The Parliament having upon the fourth of this Month, Voted that the two Kingdoms of Scotland and England, shall upon the first Day of May next Ensuing, and for ever after be Ʋnited into one Kingdom by the Name of Great Britain, with this Provision (That if the Articles of Union be not adjusted by the Parliament, then the Agreeing to and Approving of the first shall be of no Effect) We Ap|prehend it may be of Dangerous Consequence to present now any Address which may Admit of a Construction opposite to that Vote in Parliament; And certainly it would not be Excuseable in any who are Members in the House, to concurr in an Address of that sort.

So being fully perswaded that the way of proceeding by the New Address now intended, will tend to the great Disadvantage and Prejudice of the Church as now Established, and of the Presbyterian Interest, we found our selves obliged to Enter our Dissent and to Protest.

Sic Subscribitur, Rothes, Marchment, Polwarth, George Baillie, Alexander Ogilvie, J. C. Auchinbreck, J. Campbell.

The Commission of the General Assembly, Reply to the Reasons given by the Elders for their Protest, Entituled, Some Modest Animadversions by way of Re|ply to a Paper Intituled, Reasons &c. ut Supra.

IT was a great Grief to the Commission, when it pleased some of our Honourable Friends of the Ruling Elders to protest against the Vote, Whether the 6th Article of the Commissions second Address should be added to the other Articles formerly Agreed to; and it doth add no little to our Grief, that a Paper is given in with Reasons as against the whole Address; Whereas they may Remem|ber the first three of the Articles of the said Adress were unanimously Agreed unto before.

We do sincerly profess, We have such a Sense of, and Confidence in the Kindness of th••se Noble and Honourable Persons to this Church, that it Afflicts us, when in any thing we cannot comply with their Opinion; But we hope they will Excuse us when purely our Consci|ence towards God, maketh us Differ.

We Heartily Wish this debate Sopite, and that yet it would please them to take up this Paper, perhaps on more Mature and second Thoughts, they may see there is no Ground to be so severe against our second Address, As to Censure it as Jealousie or Diffidence of the Parliament or our Friends in it, as in the first Reasons; and of Indecency and Unsuitable to Prudence, as Reason second, or Dan|gerous and such as may be construed, as contrary to a Vote of Parlia|ment November 4th as in Reason 5th. For the first Address being General, the second was but a humble Representation of some par|ticulars we humbly desired might be minded, when it pleased the Par|liament to resume the Consideration of the first Address, leaving the time to the Wisdom of the Parliament, we being far from any design to occasion Delay or Debate; and it hath pleased the Parliament to in|sert diverse of the Things there desired in the Act for the Security of the Church, and we would gladly hope they will consider the rest of them in due time.

But we conceive it is the 6th Article against which the chief Offence is taken, and against which the 3d and 4th Reasons are levelled, but our Honourable Friends know, there had been much Reasoning on that Head for diverse days, and when there was no appearance of Ʋnanimity, how could the Commission shun a Vote for Decision of the Difference, nor can we be perswaded that the Commission went in their Vote without the Sphere and Compass of the Business pre|scribed to them by the General Assembly, or made a wide Step in quarrelling and objecting to the Constitution of the Parliament of England, as is alledged in Reason 3d. For it was oft told in the Con|ference

and Debate, we did not meddle with the Constitution of the Parliament of England, as the Parliament of England, though we can|not command our Judgment to an Approbation of it; nor do we speak any thing against treating with the Parliament of England, as the Representative of that Nation, nor doth it blame our Parliament for treating with them, for they treat with the Parliament of Scotland as the Representative of the Nation; Which as theirs is in its Frame established by the Laws of the Land, yet a Regulation thereof is treat|ed of for constituting the British Parliament, why then should there be so much Offence taken, that in due Season before the Conclusion of the Treaty, it is humbly represented to the Parliament, that in case the proposed Treaty of Union be concluded, this Nation will be subjected in its civil Interests to a British Parliament, wherein 26 Pre|lates are to be constituent Members and Legislators.

We do not speak in that 6th Article of the legal Establishment of our Church, and so the 4th Reason toucheth not this Point:

And could any thing be more modestly exprest than this is by the Commission in their Address, in these Words.

'And lest our Silence should be constructed to import our Consent to, or Approbation of the civil Places and Power of Church-men, we crave leave in all humility and due Respect to your Grace and ho|nourable Estates of Parliament, to represent that it is contrary to our known Principles and Covenants, that any Church Man should bear civil Offices, or have power in the Common-Wealth.

Nor can we see how this Address doth of its own Nature tend to the Disadvantage of the established Church and Presbyterian Interest.

But as we have Charity towards them, we expect the same Charity towards us, acting purely from Conscience towards GOD, and we in|treat and expect the continuance of their Kindness to this Church.

N^o K x.

Unto his Grace, Her Majesties High Commissioner, and the Most Honourable The Estates of Parli|ament, The Representation and Petition of the Commission of the General Assembly of this National Church of SCOTLAND.

Edinburgh January 16th. 1707.

Humbly Sheweth,

THAT We considering the Trust reposed in us by the late Gene|ral Assembly; Find it our Duty to lay before Your Grace and Lordships, when, as we are informed, you are about the passing of an Act of Ratification of the Articles of the Treaty of Ʋnion betwixt the two Kingdoms of Scotland and England, which contains these fol|lowing Words;

'Declaring nevertheless, that the Parliament of En|gland, may provide for the Security of the Church of England, as they shall think Expedient, to take Place within the Bounds of the said Kingdom of England, and not derogating from the Security a|bove provided, for establishing the Church of Scotland within the Bounds of this Kingdom, which shall not suspend or derogate from the Force and Effect of this present Ratification, but shall be under|stood as here included, without any Necessity of any new Raticfia|tion in the Parliament of Scotland:

Which Clause seems to us, not only to be like a Blank, put, with Your Grace and Lordships Consent, in the Hands of the Parliament of England, to Enact what they shall Think fit, for Securing the Hierarchy and Ceremonies of their Church; But also a Consent that it be an Article and Fundamental of the U|nion; And as is contained in Your Ratification, cannot but imply a Manifest Homologation.

We do therefore humbly beseech Your Grace and Lordships, That there be no such Stipulation, or Consent for the Esta|blishment of that Hierarchy and Ceremonies, as you would not involve your selves and this Nation in Guilt, and as you consult the Peace and Quiet of this Nation, both in Church and State. We pray that GOD may Bless and Preserve our gracious Queen, and direct your Grace and Lordships in this and all the great and momentuous Affairs, which are or may be before you.

Signed in Name, in Presence, And at the Appointment of the Commis|sion of the late General Assembly, by sic subscribitur WILL. WISHEART Moderator.

N^o L x.

To his Grace Her Majesties High Commissio|ner, and the Right Honourable Estates of PARLIAMENT, The humble Address of the Presbytery of Dumblane.

Sheweth,

THAT We having seen the several Faithful and Seasonable Ad|dresses and Representations of our Brethren of the Commission, to your Grace and Lordships; all which we concur in, and agree to, as expressive of our Known and Covenanted Principles; and tho it may appear unnecessar, that we should give your Grace and the Honourable Estates of Parliament any Trouble this way; yet from a Sense of the Duty we owe to GOD at this Juncture, to our Gracious Sovereign Queen Anne (whom the Lord long preserve for a Blessing to this Church and Nation) and to your Grace and Lord|ships; We could not forbear in all humility to Represent, how much we are Alarm'd, with the present Scheme of Ʋnion in the Printed Ar|ticles, as apprehending the Fatal Consequences thereof, in the Event of a British Parliament to our Sacred and Religious Concerns, and to which we can not go in, without Guilt before GOD, in a manifest Breach of our Solemn Covenants, by which we are Ingaged, against Ecclesiastical Persons being Legislators in the Common Wealth. (The Setting up of publick Mass, and English Ceremonies, The Illegal and Disorderly Practices of the Episcopal Clergy, from the Hopes of a Popish Successor to the Crown, without any effectual Redress from the Government, notwithstanding of repeated Application made by this Church) do give just Umbrage of what may be expected, when

Scotland and England are united into one Kingdom, and Represented by one and the same Parliament.

May it therefore please your Grace, and the Honourable Estates of Parliament, to be tender of the Peace and Quiet of this Church and Nation, and settle the Succession in the Protestant Line, and to do nothing that may be prejudicial to this Na|tional Church, in any of its Religious, or Sacred Interests; which Her Majesty in Her Gracious Letter, Back'd with your Grace and my Lord Chancellors Speeches to this present Ses|sion of Parliament; give just ground to expect.

N^o M x.

Unto His Grace, Her Majesties High Com|missioner, and the Right Honourable E|states of Parliament; The humble Address of the Barons and Freeholders, within the Stewartry of Kirkcudbright.

WE the Barons, Freeholders of the said Stewartry of Kirkcudbright undersubscribing, having seen the Articles of the Union agre|ed upon by the Commissioners nominate on behalf of the Kingdom of Scotland, and the Commissioners nominate on behalf of the King|dom of England, in which they have agreed, that Scotland and En|gland shall be united into the Kingdom, the which united Kingdom, shall be united by one and the same Parliament. And seing it doth evidently appear to us, that such an incorporating Union, as is con|tained in the saids Articles, is contrair to the Honour, Fundamental Laws and Constitution of this Kingdom, Claim of Right, and Rights and Privileges of the Barons and Freeholders of this Kingdom; and that the same is Destructive to the true Interest of the Nation: And being likewise apprehensive of the Danger that evidently threatens our Church Government, from a Parliament where there is not one Member of that Communion. Therefore, we humbly beseech your Grace, and the Honourable Estates of Parliament, that ye will not promote any such Incorporating Union, but do confidently expect that ye will Support and Preserve Entire the Sovereignity and Indepen|dency

of this CROWN and KINGDOM, and the Rights and Privi|leges maintained by our Heroick Ancestors, for the space of near two thousand Years, that the same may be Transmitted to succeeding Generations, as it has been conveyed to Ʋs; And we will Heartily concur with you for Supporting and Maintaining our Sovereignity and Independency with our Lives and Fortunes, conform to the qua|lified Laws of the Nation.

N^o N x.

Unto his Grace Her Majesties high Commis|sioner, and the Right Honourable the E|states of Parliament, the Humble Ad|dress of the Presbytery of Hamilton.

Sheweth,

THAT we heartily concur with the Addresses made by the Com|mission of the General Assembly to your Grace and Lordships and do believe that there is a full Unanimity therein amongst the Mi|nisters of this National Church, both as to the matter of these Addresses, and in their humble and earnest Desires that the Honourable Estates of Parliament may take them into further Consideration, to prevent the Fears and Dangers of this Church, that may insue from an In|corporating Union with England in the Terms of the Treaty offered, to the Parliament.

But that which more especially obliges us in Duty and Conscience as Ministers of the Gospel of Peace, most humbly to interpose with your Grace and Lordships is, the Lamentable and Distracted State of the Kingdom, and particularly the People under our Pastoral Charge, from the sad Apprehensions they have, and have expressed in their se|veral Addresses to the Parliament, of the woeful Effects and Conse|quences of such an Union to their Liberties both Civil and Religious, and that it cannot be entered into by the Nation in the Terms with|out incurring the Guilt of National Perjury: And tho' hitherto we have endeavoured to keep them from Breaking out, yet the Ferment and Dissatisfaction doth so encrease amongst all, that we are justly a|fraid of what these Things may turn unto.

We do therefore (after serious Supplication at the Throne of Grace) most earnestly Implore, and with all humility beseech in the Bowels of our LORD JESUS CHRIST, That your Grace and Lordships may compassionate the trembling State of this Church and Nation, and listen as it were to their dying Groans: GOD having put it in your Hands to allay their Fears, avert their Dangers, and

prevent the dreadful Confusions that threaten this Land, by laying aside this Incorporating Ʋnion with England, as offered in the Trea|ty, and by supplicating Her most Gracious Majesty (for whose long and happy Reign over us; We do, and always shall most heartily Pray, and upon whose Royal Assurances in Behalf of this Church, we do most cheerfully rely) that the Protestant Succession to the So|vereign and independent Crown of this Kingdom may be settled by an Act of our own Parliament: And that no Incorporating Ʋnion with England may be concluded, until Her Majesty shall be pleased to call the General Assembly of this Church; which being the National Church established by Law, and founded on the Nations Claim of Right, hath an undoubted Right to be consulted about Her own Securities, before any such Ʋnion be entered into with a Govern|ment of another Communion, where that Government is to be in a Manner sole Master of the whole Administration.

These things we most humbly beg of your Grace and Lordships, as our Protectors and Patrons under God, beseeching you to hearken unto us, that God may hearken unto you, and give you Peace and Comfort in the Day of your Accompts.

Sic subscribitur,

N^o O x.

A LETTER from the Commission of the General Assembly, to the Presbytery of Hamilton.

Edinburgh December 6th. 1706.

R. D. B.

THe General Assembly of this Church, having appointed us to take care that it suffer no prejudice, thro' neglect of due Applica|tion to the Honourable Estates of Parliament, or any other Judica|tory, concerned in the Management of publick Affairs. We have in this Juncture, wherein a Treaty of Union with the Neighbouring Kingdom, is under Deliberation, before the Representatives of our Nation, Endeavoured, and are still endeavouring to Exoner our Consciences, in doing what we Judge incumbent upon us, for secu|ring the Doctrine, Worship, Discipline, Government, Rights and Privileges of this Church, as now by the great Goodness of GOD, the same are Established among us: And being informed of Dis|orders and Tumults, in some parts of the Countrey, which the Ene|mies of our present happy Establishment may be ready to Improve, tho' without ground, to the Disadvantage and Reproach of this Church. We do look upon it as our Duty, to Recommend to all our Brethren, that as they have in their Stations access, they do Discountenance and Discourage all Irregularities and Tumults, that tend to disturb the Government of our Gracious Sovereign the Queen, to whom we are in Gratitude, as well as Duty, under the highest Obligations, seing in the kind Providence of GOD, We by Her good and wise Management, enjoy so many Advantages; and upon whose Preservation, our Peace, and the Security of all that's dear to us, do under GOD much depend, This in Name, and by the Order of the Commission of the General Assembly of this National Church, is Subscribed by

R. D. B. Your Affectionate Brother and Servant in the LORD. WILLIAM CARSTAIRS Moderator protempore••

For the Right Reverend the Moderator and remanent Members of the Presbytery of Hamilton.

N^o P. x

The ANSWER of the Presbytery of Hamilton, To the LETTER from the Commission of the General Assembly.

Bothwel 17. Decemb. 1706.

R. D. B.

YOur Letter signed by the R: Mr. Carstairs Moderator pro tem Pore we received this Day, being our first Meeting after its Date of the 6th Instant; wherein there is mention of your being informed of Disorders and Tumults in some parts of the Countrey, which you recommend unto us to discountenance and discoursge as we have Access.

We know there have been many Reports spread Abroad of Tu|mults and Disorders, not only in Glasgow, which is too true, but in other places within the Shire of Lanerk; which as to the bounds of our Presbytery are grosly false. And we have reason to believe them to be so likewise, as to the rest of the Shire. We have heard also of some calumnious Stories industriously disseminated, concerning some of our Number, with respect to these pretended Disorders, which are not only contrary to Truth, but to common Sense. We wish the Forgers and Spreaders may be forgiven. They act in this neither the part of good Christians, nor of good Subjects.

As to the Disposition of the People, the plain Truth is, That they are generally most averse from the Union; and many have expressed themselves broadly enough against it, as what they fear may prove an irremediable Evil, if it should be concluded, wishing that some Stop might be put to it. And we have not been wanting, as there was occasion, to advise and exhort the People to Calmness and Regularity, and to refrain from any undue Keenness might be in their Words. But we must say, That it is utterly false and malicious to suggest, that there hath been the least Tumult or irregular Practice among them, since this Ʋnion came in Question, far less any shadow or Appearance of any Undutiful or Disloyal Thought of Her Majesty. Yea there has not been so much as the least Motion towards their accustomed ordinary Rendezvous warranted by Law, since the publishing of a Proclamation and Act, forbidding the same: It is true, That some of those Rash Youths who broke out from Glasgow, passed thro' our Bounds, but they were not allowed to make any stay, nor received the least En|couragement at any Hand, for ought we know: So that we can well assure the R. Commission, there is as much Peace and Quiet with|in the whole Bounds of this Presbytery, as is any Place of the King|dom.

We have heard with much Satisfaction, of the Zeal which the R.

Commission hath shewed by their Addresses mentioned in your Letter for the Interests of the Church at this Time, when they are in so E|minent Hazard. And we have testified our Concurrence therewith by our Address to the Parliament: But we are still of Opinion, That the pressing Necessity of the present Juncture, and the manifest Im|possibility (in the Event of such an Union, as is Moulded in the Treaty) of securing this Church in any of Her precious Concerns, now Established by the Laws and Constitution of our own Govern|ment and Kingdom, doth not only require the Continuance of Assi|dous Application to the Right Honourable Estates of Parliament: But likewise, that the Commission, in Name of this Church, testify a|gainst the concluding of any Ʋnion with England, upon the Foot of this Treaty, till the General Assembly of this National Church, ac|cording to Her undoubted Right, as we have shewed in our Address be called and Allowed to consider of Solid and Essential Securities for the Church in such an Exigence. This we humbly think, the Trust reposed in the Commission, and Faithfulness to the Church of Scotland, both in the present and succeeding Generations doth unde|nyably Demand. Thus heartily Recommending you to Divine Con|duct and Assistance. We rest

R. D. B.

Your most Affectionate Brethren, and Humble Servants in the Lord, The Ministers of the Presbytery of Ha|milton. Subscribed in their Name, and by their Order, by ALEX. FINDLATER Moderator.

For the Right Reverend, the Moederator, and remanent Mem|bers of the Commission of the General Assembly at Edin|burgh.

N^o Q. x.

To his Grace Her Majesties High Com|missioner, and the Right Honourable the Estates of Parliament; The humble Ad|dress of the Magistrates, Town Council, Burgesses and Inhabitants of the Burgh of New-Galloway.

WE the Magistrates, Town-Council, Burgesses and Inhabitants of the said Burgh of New-Galloway Ʋnder-subscribing, having seen the Articles of the Union agreed upon by the Commissioners, Nominate in the behalf of the Kingdom of Scotland: And the Com|missioners Nominate in the behalf of the Kingdom of England, in which they have agreed: That Scotland and England be Ʋnited in one Kingdom, and that the United Kingdom be Represented by one

and the same Parliament. And Sceing, it does evidently appear to Us, That such an Incorporating Ʋnion, as is contained in the saids Arti|cles, is contrair to the Honour, Fundamental Laws, Constitution of this Kingdom, and Claim of Right, by which Our Liberty, and Presby|terian Government in the Church are Secured: And also contrair to the Birth-Right of the Peers; And Rights and Privileges of the Barons, Free Holders and Burghs of the Kingdom; And that the same is Destructive to the True Interest of the Nation.

Therefore we humbly beseech your Grace and Honourable Estates, And do confidently expect, that ye will not allow of any such Incorpo|rating Ʋnion, But that ye will support and preserve the Sovereignty and Independency of this Independent Kingdom, and the Rights and Privileges of Parliament, which has been so valianily main|tained by our Heroick Ancestors, for the space of near Two thou|sand Years: That the samen be transmitted to succeeding Gene|rations as it has been conveyed to Ʋs; For we are resolved to De|fend and Support our Crown and Independent Sovereignty, with our Lives and Fortunes, conform to the established Laws of this Nation.

N^o R x.

(Thursday 19th of December 1706.)

To his Grace Her Majesties high Commissio|ner, and the right Honourable the E|states of Parliament. The humble Address of the Magistrates, Town-Council, Mer|chants, Deacons of Crafts, and others Trades-Men and Inhabitants of the Burgh of Dumfermling.

WE the Magistrates, Town-Council, Merchants, Deacons of Crafts, and other Tradesmen and Inhabitants within the Burgh of Dumfermling Undersubscribing; Having seen and considered the Articles of the Ʋnion agreed upon by the Commissioners for the Kingdom of Scotland and England; In which they have agreed, That Scotland and England be united into one Kingdom; and that the united Kingdom shall be Represented by one and the same Parliament: And seing it does evidently appear,

that such an incorporating Ʋnion, as is contained in the said Articles is contrary to the Honour, Fundamental Laws, and Constitution of this Kingdom, Claim of Right, and Rights and Privileges of the Burrows and Church-Government, as by Law Established: and that the same is destructive to the true Interest of this Nation. There|fore, We humbly beseech your Grace and the Honourable Estates, and do confidently expect, That you will not allow of any such Incorporating Ʋnion; But that you will Support and Preserve en|tire the Sovereignity and Independency of this Crown and Kingdom, and the Rights and Privileges of Parliament; which have been so va|liantly maintained by our Heroick Ancestors, for near 2000 Years: That the same may be transmitted to succeeding Generations, as they have been conveyed to us: and we will heartily concur with you for supporting and maintaining our Sovereignty and Independency, with our Lives and Fortunes, conform to the Laws of the Nation.

• TOWN-COUNCIL.
  • David Adie Baillie
  • David Adie younger Baillie
  • Jerome Cowie Dean of Gild
  • William Wilson Treasaurer
  • David Wilson Counsellor
  • John Cowie Counsellor
  • James Meldrum Counsellor
  • John Adie Deacon Conveener
  • Laurance Henderson Counsel.
  • William Inglis Counsellor
  • William Findlay Counsellor
  • William Young Counsellor
  • James Walls Counsellor.
• MERCHANTS.
  • William Black
  • Henry Elder
  • Robert Anderson
  • John Hart
  • John Balfour
  • William Wilson
  • Thomas Mitchel
  • Andrew Rolland
  • Robert Adie
  • Charles Chambers
  • John Hay
  • Patrick Clow
  • Joseph Kirk
  • John Couper
  • William Wilson
  • Robert Robertson
  • James Dick
  • David Gray
  • George Christie
  • John Watson
  • Patrick Currie
  • John Brown
  • John Allan
  • James Pringle
  • John Bethon
  • Robert Wilson
  • David Meldrum
  • Robert Walker.
• WRIGHTS.
  • John Main Deacon
  • Andrew Wilson
  • John Simpson
  • John Potter
  • George Walker
  • George Walls
  • Thomas French
  • Thomas Bonnar
  • John Henderson
  • James Henderson
  • ...

• ...
  • John Main
  • James Kirk
  • Patrick Thomson
  • William Hutton
  • James French
  • Thomas Richardson.
• MASONS.
  • James Simel
  • Charles Young
  • David Hunter
  • James Somervel
  • David Purvas
  • William Murgain.
• SHOE-MAKERS.
  • Andrew Duncan Deacon
  • George Stewart
  • John Young
  • Andrew Main.
• FLESHERS.
  • John Hodge Deacon
  • James Cusin
  • Robert Kirk
  • John Belfrage
  • Thoma Beverage
  • Thomas Beverage
  • George Philp
  • William Taylor
  • William Welwood
  • John Burly
  • Andrew Belfrage.
• WEAVERS.
  • John Wilson Deacon
  • James Wilson
  • John Stark
  • Patrick Hutton
  • James Turnbul
  • David Marres
  • James Wilson
  • Charles Kirk
  • Andrew Wilson
  • William Kirk
  • Thomas Drysdale
  • Thomas Richardson
  • Alexander Douglass
  • John Gotterson
  • John Black
  • John Williamson
  • William Wilson
  • David Dalglish
  • John Ker
  • Andrew Wilson
  • James Shortlands
  • John Wilson
  • John Wilson alter
  • Robert Gotterson
  • Robert Wilson
  • Robert Strachan
  • Robert Buist
  • John Durham
  • Robert Dalgliesh
  • Adam Robertson
  • Andrew Young
  • Robert Black
  • Robert Stark
  • Thomas Bean
  • Magnus Malcolm
  • Robert Inch
  • George Pullans
  • William Beanny
  • Robert Mackcraigh
  • John Inglis
  • John Mackcraigh.
• TAYLORS.
  • James Richardson
  • Robert Donald
  • Andrew Hepburn
  • Alexander Coventry
  • Thomas Hanna
  • James Henderson
  • John Jamison
  • William Hodge
  • Alexander Couper
  • John Horn
  • James Kellock
  • James Wardlaw
  • Robert Bauld
  • James Hall
  • James Richardson
  • James French
  • John Wilkie.
• SMITHS.
  • James Law
  • ...

• ...
  • David Black
  • Thomas Wilson
  • John Cunighame
  • Adam Stevinson
  • William Anderson
  • James Smith.
• BAXTERS.
  • William Ker
  • John Anderson
  • Robert Adamson
  • Robert Donald
  • James Buist
  • Robert Ferguson
  • George Crawfurd
  • James Legar
  • John Buntine

Ego Andreas Sympson Notarius Publicus ac Scriba dicti Burgi de Dum|ferling speciali mandato Davidis Sands, Gulielmi Pierson, Jacobi Baud & Gulielmi Robertson Fabrorum Ferrariorum in dicto Burgo, ac Ro|berti Wellwood, Andreae Smei••ton, sacobi Willson Calce••riorum in dicto Burgo, & Joannis Rea, Jacobi Beannie, Thomae Willson, Joannis Hepburn & Jacobi Massertoun Sartorum in dicto Burgo, & Eduardi Ovenwhyt, Andreae Beanny & Joannis Beanny Fabrorum Murariorum ibide'm, ac Petri Nigrew, Alexandri Grieve, Roberti Crawfoord, Jo|annis Brown, Andreae Morrice, Roberti Durham Gulielmi Kirk, An|dreae Kirk, Joannis Hoggan, Roberti Haggan, Patricii Stevenson, A|lexandri Gillespie & Petri Cairns Textorum ibidem, & Andreae Chri|stie, Jacobi Walker, Gulielmi Walker, Davidis Christie, Gulielmi Easan, Jacobi Brown, & Joannis Thomson Fabrorum Lignariorum, & Gulielmi Cusin Lanionis in dicto Burgo pro illis omnibus scribere nesa cien. ut asseruerunt specialiter requisitus subscribo,

Sic Subscribitur. AND. SYMPSON. N. P.

The Names of the Persons signing this Address are put in here, not that it was very material as to the Persons, but as a Specimen of the manner how these Addresses were usually signed.

Here follows the several States of the Revenues and Debts of the respective Kingdoms of England and Scotland, as they were distinctly and separatly stated by the Order, and for the Service of the Commissioners of both Kingdoms appoint|ed to Treat of the Union; With the several Valuations and Calculations, Appropriations, Proportions, and net Produce, as they were laid before the said Commissioners, being the same referred to in that part of this History, Intituled, Of the T••eaty in London Fol. 104.

N^o S x.

A STATE of the REVENUES and Pub|lick INCOME of the Kingdom of EN|GLAND, viz.

The Revenues appropriated for the better Support of Her Ma|jesties Houshold, and of the Honour and Dignity of the Crown (By an Act 1 A Reginae) during Her Majesties Life.

	Per Annum, Per Annum
THe Excise of 2 sh. and 6 d. per Barrel on Beer, Ale, &c. excluding 3700 Lib. a Week appro+priated thereout for publick Uses, and including so much of the Charges of Management, as is paid by the Cashier, according to a Medium of three Years last past amounts to	286178
The further Subsidies of Tonnage, and Poundage, and other Duties upon Wines, Goods and Merehan|dizes imported (exclusive of Draw-backs by De|bentures and Allowances for dammag'd Goods) by a like Medium, is	356841
The Revenue of the General Letter-Office, or Post-Office, by a like Medium, including Charges of Mannagement paid by the Receiver, is	101101
The Produce of the Fines arising in the Alienation-Office, (including the necessary Expenses of the Court of Chancery, and other Charges born there out) is by a Medium.	4804
The past Fines by a reserved Rent on a Grant thereof in being, is	2276
The Produce of the Revenue arising by Wine Licen|ces, including Charges of Management by a Me|dium, is	6314
Sheriffs Proffits communibus annis about	1040
Compositions in Exchequer by a Medium of three Years.	13
Seizures of Ʋncustom'd and Prohibited Goods the like.	13005

The Revenue of the Dutchy of Cornwall, consisting of the Custom, Coinage Duty of Tin, Rents of Lands, Fines of Leases, and other Revenues cer|tain and Casual, amount to about	9869
The Revenue of the Principality of Wales about	6857
Other Revenues arising by Rents of Lands and Fines of Leases, &c. by a Medium of what paid in to the Exchequer in last three Years, amount to about	2906
So the Total of the Revenues, reckoning upon a Medium as aforesaid, and including the said Charges of raising the same, is about	691240
The other Publick Income.
Customs and Subsidies of Tonnage and Poundage by several Acts of Parliament continue till the 1st. August 1710, and are appropriated for discharging such Debts or Incumbrances as in the said Acts are mentioned, These excluding Draw-backs by De|bentures, Portage-Bills and Allowances for dam|ag'd Goods, and including Charges of Mannage|ment paid by the Cashier, according to a Medium of three years last past, do produce about	345704
Impositions on Wines, Vinegar, Tobacco, and East-India Goods, which continue to the said 1st Au|gust 1710, are appropriated for discharging of Debts as aforesaid, and excluding Draw-backs by Debentures, and Allowances for dammag'd-Goods by a like Medium, are about	373485
Additional Impositions on Goods and Merchandizes are continued and appropriated as aforesaid, These (excluding Draw-backs and Allowances) by a like Medium, produce	39645
The Duties on Coals, Culm, and Cynders, continu|ed to the 30th. September 1710, are appropriated to such uses as in the Acts of Parliament for the same are mentioned, by a like Medium.	113688
The 15 lib. per Cent. on Muslins, and the Duties on Coffee, Tea, Spices, Pictures, &c, with the Addi|tional Duties lately impos'd thereon, and upon Callicoes, China Wares, and Ʋnrated Drugs, are all granted and continued to the 24th. of June 1710, and appropriated for Re-payment of Loans with Interest: The former Duties by a Medium

of the last three Years (excluding Draw-backs and Allowances for dammag'd Goods) produced 42475 lib. and the new Duties are estimated at 74000 lib. per Annum, which together is	116475
25 lib. per Cent. Additional Duty on French Goods continueth for the Residue of a Term of 21 Years from 28th. February 1696. is applicable to any Ʋses of the War, and the Produce thereof by a Medium of the last three Years, excluding Allowan|ces for dammag'd Goods, is about	10794
5 sh. per Tonn on French Shipping granted the 12 Car. 2di, is to continue so long as the Duty of 50 Sols per Tonn on English Shipping in France, and 3 Months longer, and is applicable to any uses of the War, the Medium of the last three years, a|mounts to	81
Plantation Duties granted 25 Car. 2di, on Goods carried from one Plantation to another, are not particularly appropriated, but applyed to the uses of the War, the said Medium is	877
4 and ½ per Cent. in Specie arising in Barbadoes and the Leward Islands subject to an Annuity payable to the Heirs and Assigns of the Earl of Kinnoul, are applyed thereunto, and towards the Support of these Islands, pursuant to an Address of the House of Commons in that behalf, a Medium of the Produce of the said Duty by Sales thereof made herein the last three years, is,	6459
Coynage Duty (being 10 sh. per Tonn on Wines im|ported) is continued to the 1st of June 1708, and appropriated to the use of the Mint, and by a Medium of three years (excluding Draw backs, and Allowances for dammag'd Wine) is about,	7350
The Duties on Whale-Finns and Scotch Liuen con|tinued till the 1st of August 1710, are appropriat|ed for discharging of Loans and other Debts (ex|clusive of Draw-backs and Allowances for Dam|mage) by a like Medium may be,	10939
1/33 Additional Tonnage and Poundage granted for 3 years from 8th March 1703 and applicable to the Re-payment of Loans and Interest; And by ano|ther Act continued from the 8th of March 1706 for 98 years, for payment of certain Annuities;

The Produce thereof in the year ended at Christ|mass last (exclusive of Draw-backs and Allowan|ces for dammag'd Goods) was	81746
2/3d. Additional Tonnage and Poundage granted for four years from the 8th of March 1704, are appli|cable to the Re-payment of Loans and Interest, the Produce thereof may be estimated to be at least.	160000
3700 lib. a Week to be taken out of the hereditary and temporary Excise on Beer, Ale, &c. is appro|priated for payment of Interest to diverse Bankers and others, for Moneys lent by them to King Cha. 2d. redeemable on payment of a Moiety of the Principal, and for Annuities for several Terms of Years.	0192400
IX d. per Barrel Excise on Beer, Ale, &c. by one Act of Parliament, is to continue till 17th. May 1713; and by an other Act is granted for a further Term of 95 years: The Produce is appropriated in the first place for satisfying Annuitys on Lottery Tic|kets, which will end at Michaelmass 1710, and afterwards to the payment of Annuities by a Medi|um of last three years.	0164828
Another IX d. per Barrel Excise made perpetual for payment of Annuities to the Bank of England, and other Annuities; This Grant not containing all the Duties given by the Act for the IX d. last mentioned, will produce by a like Medium,	155000
And one other IX d. per Barrel for 99 Years from the 25 January 1692, is appropriated to payment of diverse other Annuities the like.	155000
Duties on Low Wines and Spirits of the first Ex|traction continued till the 24th June 1710 are ap|propriated for Re-payment of Loans with Interest by a Medium of last three years will make	25267
Duties on Mault, Mum and Cyder, have been con|tinued from year to year for several years past, and are computed at	650000
Memorandum, in most Years this Fund proves deficient.
XIId. per Bushel on Salt granted 5 W. and M. in per|petuity, is appropriated till the first of August 1710, towards payment of Debts and Incumbrances (ex|clusive of Draw-backs for Salt and Fish exported) by the produce of the last year may be reckoned.	54621

28 d. per Bushel on Salt granted 9o W. in perpetui|ty towards payment of Annuities after the rate of 8 per Cent. to the Traders to India by a like Com|putation.	128038
Rent of Hackney Coaches being 4 l. per Annum each, for 7000 Coaches continues for the residue of a Term of 21 Years, from Midsummer 1694, is ap|plyed to the Service of the War, and amounts to	28000
Licences to Hawkers and Pedlers continued to 24th June 1710, are appropriated towards paying off Loans with Interest, and by a Medium of three Years is	6460
Stamp Duties on Vellom, Parchment and Paper, part whereof continues till the first of August 1710 and is appropriated for re-payment of Loans, the other part is granted in perpetuity towards pay|ment of Annuities to the Traders to India by a Medium of 3 years, (excluding Allowances for prompt payment) have produced.	89110
The Duties on Windows continued to the 1st of August 1710, for re-payment of Loans and other Debts, produce about	112069
The Aid of IIII sh, in the Pound on Land, &c. for the present year, is Ascertain'd at	1997763 3. 4½
	5000599. 3. 4½
Total of the Incomes and Revenues.	5691803 3. 4½

Memorand. The Revenues of the first Fruits and Tenths by an Act of the 1st of Queen ANNE, were granted for Support of the Civil Government, but are not computed here; because they have been since given in perpetuity for the Augmentation of the Main|tenance of the poor Clergy: and also the Money arising by Prizes with the Perquisites of Admiralty, which have been both applyed to the uses of the War, are not inserted in this Computation, because the said Prizes cease with the War, and the Lord high Admiral hath relinquish'd his Droits of Admiralty for no longer time than the War lasts.

N^o T x.

A STATE of the DEBTS of the King|dom of England. Viz. Principal Money Borrowed on the several Funds under|mentioned, which remain at this time unsatisfied, that is to say,

	Lib.	sh.	d.
On ¾ths Customs granted 3 W. & M.	21056	5	1
Additional Impositions eod. anno.	112474	19	10½
First 1111 sh. Aid 4 W. & M.	17500
2d. quarterly Pole 5 W. & M.	34565	13	1
Stamp Duties eod. anno	66949	7	8½
Third 1111 sh. Aid 6 W. & M.	53603	7	3
Duties on Marriages, &c. eod. anno.	62516	4
Fourth 1111 Aid 7 W.	103039		8
These are provided for by an Act of the 8th. W. which continues several Funds therein mentioned to the 1st of August 1706.	471704	17	11½
There also remains to Discharge the Exchequer Bills, issued by virtue of several Acts of Parliament (o|ver and above 230000 l. computed to be due for Interest (the principal Sum of	534062	9	8
To satisfie Loans on the 111 sh. in the pound grant|ed 8 W. (over and above 169000 lib. by Com|putation for Interest) the principal Sum of	423098	18	3
To satisfie Loans on the Duties on Paper, Vellom, &c. granted for two years, from the first of March 1696 anno octavo Willielmi besides 6160 lib. By Computation for Interest, the principal Sum of	15400
To Discharge the Mault Tickets issued 8 W. besides (l. 254554 for 6 years Interest) the principal Sum of	579000
To satisfie Loans transferr'd to the Duties on Leather, granted 8 W. for 3 years from 20 April 1697 (be|sides about 105000 lib. for Interest) the princi|pal Sum of	504438

To satisfie Loans on the quarterly Pole, granted 9 W. (besides about 73000 lib. for Interest, the prin|cipal Sum of	226770	17
To satisfie Loans on the 111 sh: in the pound grant|ed 10 W. besides about 5200 lib. for Interest) the principal Sum of	31271	06	3 ½
To compleat the payment wanting at Michaelmass 1701 on the yearly Sum of 160000 lib. intended to be paid by the Act 9 W. out of certain Duties on Salt, and Stampt Vellom to the Traders to India.	70872	11	1 ½
Total of the principal Sum	2384914	2	4 ½
And the several Computations of Interest at this time due as above-mentioned amount to	914
These are provided for by an Act, 1 Annae by conti|nuing several Funds therein-mentioned to the first of August 1710.	3227828	2	4
There is further owing on the following Fund, viz. On Low Wines, &c. Granted 13 W. for 5 years the principal Sum of	6674	10	3
Duties on Coals, &c. 2 Annae for 5 years from 14, 1703	235720	4
⅓ Tonnage and Poundage eod. anno for 3 years	55236	4	6
⅔ Ditto 3 Annae for 4 years from 8 March 1704	545957	4	½
Low Wines, &c. eod-anno until 1710.	692000
These are Debts on Funds not yet expired, and which are reckoned sufficient to satisfie the same.	1535588	2	9½
And,
On Duties on Coals granted 9 W. for 5 years.	16000
2 ii sh. Aid 11 W.	12733	6	8
⅔ iii sh. Aid 12 W.	9753	12
6 1111 sh. Aid 1 A.	42399	5
Subsidys or Capitation Duties eod. Anno	17384	9	7
The Money resting unsatisfied on De|bentures, &c. were charged on the Irish Forfeitures about	960000
These are Deficiencies not yet provided for by Par|liament.	1058270	13	3
Other Incumbrances, viz.
The 9 d. per Barrel Excise, which was granted for

99 years from the 25th Jan. 1692, is Charg'd with 124866 lib. per annum for Annuitys, for which there was contributed 1492379 lib. 7 sh. and there being now about 13 years expired, the Re|mainder of the Term may be estimated to be a present Incumbrance of	1484	55
The same IX d. p. Barrel is also charged with 7567 lib. per ann. for Annuities to the Contributers of 108100 lib. on the advantage of Survivorship till the number of the Survivors be reduc'd to seven, and then the share or seventh part of each of them as they die to revert to the Crown: This Estate has an uncertain Termination, but may be recko|ned equal to a Term of thirty years, and so be an Incumbrance of about	104149
The IX d p. Barrel Excise granted in perpetuity, is Charg'd to wit 2/7 parts thereof with l. 100000 per an|num to the Bank of England for 1200000 advan|ced by them, this is redeemable on payment of the said Principal Sum, as in the Act is mentio|ned.	1200000
And the remaining 2/7ths is charged with 15336 lib. 13 6 per ann. for 176744 l. 1 sh. 9. Contributed for those Annuitys which were at first purchas'd for one Life, and afterwards turn'd into Estates certain for 90 years, from 25 Jan. 1702. Which by reason of the small time elaps'd may still be reckoned an Incumbrance of	176000
And with the Sum of 20030 lib. 1 sh per ann. for such of the Contributers of 170917. 2. 3. for An|nuitys for 2 Lives as are now in being, and abat|ing out of the said Contribution Money, so much as was paid for Annuitys since fallen, the rest is an Incumbrance of	166917	2	3
And also with 2093 10 4 per ann. to such of the Contributers of 21235 lib. 4. for Annuitys for 3 Lives as are now in being, and abating out of this Contribution, so much as was paid for Annuitys of 30 lib. since fallen, there rests an Incumbrance of	20935		4
The IX d. p. Barrel Excise granted for 16 years, from the 17 May 1697, is charg'd with the payment of 140000 lib. per annum, upon Tickets common|ly called the Million Lottery Tickets, for the re|sidue

of a Term which expires at Michael. 1710. And the said Annuity being valued for the 4 years and ½ yet to come, at a Rebate of 6 per Cent. per ann. compound Interest is worth	538185
The 28 d. per Bushel on Salt, and the Additional Stamp Duties are granted in Perpetuity, and charg'd with the payment of 160000 lib. per An|num to the Traders to India, for 2 Millions advan|ced to the Publick, and is redeemable by Parlia|ment upon paying the said.	2000000
The 3700 Lib. a Week payable out of the Heredita|ry and Temporary Excise is charg'd with 39855 Lib. 16 •…•… per Ann. for Bankers and o+thers, who lent 1328526 Lib. to King Charles the 2d, redeemable by Parliament upon Payment of a Moiety of the said Principal, which is	664263
And with 104745 Lib. 10 6½ per Ann. for 1569664 Lib. 18 6 contributed for Annuities for 99 Years from Lady Day 1704.	1569664	18	6
And also with 46000 Lib. per Ann. to the contri|buters of 690000 lib. for Annuitys for 99 years from Xmass 1705.	690000
The ⅓ Subsidy from 8 March 1706, and the 9 d. per Battel Excise (at present applicable to the payment of the Million Lottery Tickets) with an Additi|onal Supply till those Funds come in, are charg'd with 184242 l. 14 sh. per Ann. to the Contributers of 2855761 lib. 16 sh. 2 d. for Annuitys for 99 Years from Lady-day 1706	2855761	16	2
	1147045	1	11
Total	17763842	17	3••

Memorand. That nothing is inserted in this Accompt as a Debt on any Land-Tax, or Mault-duty, which are Annual Grants, ex|cept where any of them have prov'd Deficient.

Memorand. There is a Claim made by the Assignee of the Earl of Kinoul of 17250 lib. out of the 4 and ½ per Cent. on Account of Arrears on an Annuity of 1000 lib. incurr'd before Her Majesties Accession to the Crown.

N^o U. x.

A STATE of the Publick Revenue of Scot|land, as it now is, and may amount to.

	Lib.	sh.	d.
The Excise on Ale and Beer is 2 sh. Sterlin per Scotch Gallon, and now Farm'd for 33500 lib. Sterlin, and if exacted in the same manner as in England, may amount to	50000
The Customs have been Lett at 34000 lib. and are now in time of War Lett for 28500 lib. with a Condition in the Lease, That, upon a Peace, the Lords of the Treasury may Lett a new Lease, and may amount to	50000
The Crown Rents about	5500
The Casualitie of Superiorities and Compositions at the Exchequer communibus annis about	3000
The Post-Office Farm'd at 1194 lib. but if collected, may amount to	2000
The Impositions for Coynage	1500
Land Tax is now 36000 Pounds, and to make it e|qual with the iiii per Pound in England, 'tis pro|pos'd to be	48000
	160000

The Debts due to the Army, Civil List, and other Charges of the Government, about

160000

N^o W x.

An Account of the Neat Annual Produce of the Customs in England, from a Medium of 3 years ended at Michael|mass 1705. With the respective Times or Terms, for which they have Continuance; and the Uses for which they are severally appropriated or applyed, viz,

	Neat Money p. Ann.
For the Civil Government	L.	sh.	d.
Customs and Subsidys of Tonnage and Poundage granted 1o Annae during Her Majesties Life	253514
Several Branches not appropriated to the payment of Debts, viz.
25 per Cent. Additional Duty on French Goods for the Remainder of a Term of 21 years from 28 Febr. 1696. is applyed towards the Service of the War.	10794
Coynage Duties continues to the first June 1708, and is appropriated to the Ʋses of the Mint.	7350
4/2 per Cent. in specie from Barbadoes and the Leward Islands is perpetual, and applyed pursuant to an Address of the House of Commons towards the support of those Islands subject also to an Annuity of 1000 lib. per Annum, To the Heirs and Assig|nes of the Earl of Kinnoul.	6459
Plantation Duties upon particular Commodities car|ried from one Plantation to another 25o Caroli 2. made perpetual not appropriated to any particu|lar Ʋse.	877
These undermentioned are appropriated for payment of Debts, till first August 1710. Tho the said Debts Charg'd thereon, will by Computation be paid off sooner.	25480

The Subsidy of Tonnage and Poundage granted 12o Car. 2di.	292139
Impositions on Wines and Vinegar grant|ed 2o Ja. 2di.	113918
Impositions on Tobacco Ditto	100338
Impositions on East India Goods Ditto	150899
Additional Impositions on several Goods and Mer|chandizes 4o Will	38548
Several Impositions and Duties on Whale Finns, and Scotch Linnen. 9o Will:	106219

Other appropriated Branches.
15 per Cent: On Muslings, &c: granted by several for|mer Acts where by an Act 3o Annae continued to 24 June 1710, and by that Act doubled and several new Duties thereby granted from Febr. 1704, to the said 24 June 1710. And made a Fund for Borrowing l. 700000 at an Interest of 6 per Cent. per Annum. and so much of the said Duties as is under the Mannagement of the Commissioners of the Customs, was estimated in Parliament, to a|mount to about per Ann.	116475
⅔ Additional Tonnage and Poundage 3o An. for 4 years from 8 March 1704, are appropriated for re-payment of Loans not exceeding 636957 lib. 4 0½ with Interest after the Rate of 6 per Cent. per annum. And by an Act 4o An. Continued towards payment of Annuitys, till 30th September 1710. By the nearest Computation that can yet be made, will produce at least.	160000
⅔ Tonnage and Poundage granted, 2o An. for three years from 8 h. March 1703. And thereby made a Fund of Credit for 300000 lib. at an Interest af|ter the Rate of 5 per Cent. per annum. Afterwards, 4o An. Continued for 98 years from 8th. March 1706. Together with IX d per Bartel Excise appro|priated towards payment of 184242 lib. 14 sh. per annum in Annuitys, a Medium of the Produce there|of in the 3 years ended at Michaelmass, 1705, is	79619

Totals for the Civil Government	253514
Unappropriated	25480
Appropriated for Debts to 24 June 1710	116475
For other Debts till 1st. August 1710	706471
For Ditto till 30 September 1710.	160000
For 98 years from 8 March 1706.	79619
Total per Annum.	1341559

Duties on Coals, Culm, and Cynders, by an Act 1 An. Continued from 14th May 1703, to 15th May 1708. And thereby charg'd with 500000 lib. and Interest by another Act 4o An. continued to 30th September 1710. And appropriated towards payment of Annuitys, those Duties are collected at the Custom-house, and by a Medium of three years ended at Michaelmass 1705. are per annum about

110958

N^o X x.

An Account of the Proportions which the present Customs of Scotland do bear to the several Branches of that Revenue in En|gland, exclusive of the Encrease that may arise by the higher Duties, or greater Importations after the Union.

	Lib.	sh.	d.	Lib.	sh.	d.
	English Customs	Scotch Customs
	1341559			30000
	Proportions,
For the Civil Govern|ment	253514			5669
Ʋnappropriated as to any Debts	25480			570

Appropriated for Debts till 24th June 1710.	116475			2605
Till 1st. August 1710	706471			15798
Till 30th. September 1710	160000			3578
For 89 Years from 8th. March 1706.	79619			1702
				23761
	1341559			300••0

An Account of the neat annual Produce of the Excise on Beer and Ale in England, from a Medium of three Years, end|ing at Michaelmass 1705, with the respective Times or Terms, for which the several Branches thereof have continu|ance, and the uses to which they are severally appropriated, or applyed, viz.

For the Civil Government.
2 sh. and 6 d. per Barrel on Beer, Ale, &c. 15 d. whereof is to continue during Her Majesties Life, and the other 15 d. is hereditary, these during Her Majesties Life are appropriated towards defray|ing the Charge of the Civil Government, after a Deduction of 3700 lib. a Week appropriated there|out, for payment of Annuitys, and by a Medium of 3 years ended at Michaelmass 1705. The neat Produce into the Exchequer over and above the said 3700 lib. a Week will be	269837
For Annuities and other publick Debts.
3700 lib. a Week to be taken out of the hereditary and temporary Excise during Her Majesties Life, and afterwards out of the hereditary part for ever; is appropriated for payment of
L. 39855. 16. ½ per ann. to Bankers and others for Interest, after the rate of l. 3. p. Cent for 1328526 l. lent to King Charles the 2d. redeemable on pay|ment of a Moiety of the said Principal, being 664263 l. and for payment of

L. 104742 l. 10 sh. 6½ p. Annum, for 99 years from Lady-day 1704, for 1569664 lib. 18 sh. 6 d. con|tributed for Anniuties.
L. 46000 per Ann. for 99 years from Xmass 1705, for 690000 lib. purchass-money contributed for An|nuities.
190598 6 7. and the rest for Charges in paying the said Annuitys. In all	192400
IX d. per Barrel Excise granted 4 W. for 99years from 25 January 1692, is charg'd with 124866 l per Annum for Annuitys, for which there was con|tributed 1492379 l. 7 sh. and with 7567 l. per an|num, for 108100 l. advanced for Annuitys on the Advantage of Survivorship by a Medium of the neat Produce into the Exchequer in the said three years, is	150106
Another IX d. p. Barrel 5 W made perpetual, is ap|propriated as follows, viz. Thereof for payment of 100000 lib. per annum, to the Bank of England for 1200000 lib. advanced by them, which is redeemable on paying the prin|cipal Sum, as in the said Act is mentioned. And, With 15336 lib. 03. 6 er annum for 176744 lib. 1. 9 Contributed for Annuitys, which were at first purchased for single Lives, and afterwards turn'd into Estates certain for 89 years from 25th Jan: 1702.
And also with 200 30 lib. 1 sh. per annum, for 170917 lib. 2 sh. 3 d. advanced for Annuity for two Lives.
And also with 2093 lib. 10 sh. 4 d. p. annum for 21235 l. 4 sh. Contributed for Annuitys, for three Lives, the produce of the IX d. by a Medium of the said 3 years is	150094
And one other IX d. per Barrel for 16 years from 17 May, Continued 40 A from 17th. May 1713. for 95 years; is appropriated for paying 140000 lib. per annum on Million Lottery Tickets for the re|mainder of a Term of 16 years, which will end at Michael: 1710, and afterwards towards paying Annuitys amounting to 184242 lib. 14 sh. p. ann. purchas'd for 99 Years from Lady-day 1706. The neat produce of this IX d. (which contains some Additional Dutys on Brandy, &c. not granted

by the two former Acts) from a Medium of the said three years is	159898
Low Wines and Spirits of the first Extraction, con|tinued by an Act 4 Ax from 25th. March 1706 to 24th. June 1710. are appropriated towards re|payment of 700000 lib. authoriz'd to be borrow|ed as well upon Credit of these Duties as upon an Additional Duty of 15 lib. p. Cent. on Muslines, &c: The neat Produce hereof by a like Medium is,	25267
Total	677765
Out of which to be deducted, so much as by the a|foregoing neat Produce will be more than suffici|ent to pay the above-mentioned Annuitys, viz.
A Superplus of the IX d. p. Barrel for the remain|der of 99 years from 25the Jan. 1692.	17673
A superplus of the IX d. for the Bank and others.	12634
A superplus of the Lottery IX d. continu|ed for Annuitys with the ⅓ d. Subsidy of Tonnage and Poundage.	55274 6
All which are unappropriated and amount to	85581 6
And then the Total of the several Branches of Ex|cise appropriated for payment of Debts is p. ann.	592183 14

N^o Y x.

An Account of the Proportions which the present Excise upon Liquors in Scotland doth bear to the several Branches of that Revenue in England, exclusive of the Encrease that may arise by the higher Duties, or greater Consumption after the Union.

	Lib.	sh.	d.	Lib.	sh.	d.
	English Excise p. Ann.	Scotch Excise p. An.
	947602.			33500
	Proportions
For the Civil Government	269837.			9539.
Superplusages unappro|priated	85581.	6.		3025.
Appropriated for Debts.
L. 3700 a Week for payment of Annuities for 99 years and in perpetuity redeem|able by Parliament.	192400	6802
X d. per Barrel for the Re|mainder of 99 years from 25 Jan. 1692.	132433	4682
IX d. per Barrel for the Bank, &c.	137460	4861		20936
IX. d. per Barrel for payment of Lottery Tickets, and af|terward for Annuitys.	104623	14	369
Low Wines till 24 June 1710	25267	893
	947602			33500

N^o Z x.

If the Customs of Scotland, now Lett at 30000 Lib. per Annum, according to the Stating of the Equivalent, do's contribute Annually, viz.

Towards	Payment of the Debts of England	23761
Civil List	5669
The general Expence or Charge of the Nation	570
		30000

Every 1000 Lib. Encrease on the said Customs will contribute to the a|foresaid Services, viz.

Towards	Payment of the Debts of England	792
Civil List	189
The general Expence of Charge of the Nation	19
		1000

If the Excise of Scotland now Lett at 33500 Lib. per Ann. according to the Stating of the Equivalent, do's contribute Annually, viz.

Towards	Payment of the Debts of England	20936
Civil List	9539
The general Expence or Charge of the Nation	3025
		33500

Every 1000 Lib. Encrease on the said Excise will contribute to the afore|said Services, viz.

Towards	Payment of the Debts of England	625
Civil List	285
The general Expence or Charge of the Nation	90
		1000

In pursuance of the Order of the Lords Commissioners of both Kingdoms, on the 22d. Instant, for signing the Books of Journals, the same are accordingly Sign'd this 25th. Day of July 1706, By us

• David Nairn.
• Geo. Dodington.

N^o A. x x.

OVERTURE Concerning the Debts of the African and Indian COMPANY.

ORDERED, That the Directors of the African Company, shall be|twixt and the day of next, Frame and State a particular Accompt of all the Monies advan|ced by the Proprietors of the said Company, with the Annualrents of the samen, from the respective Terms of payment to the first of May next, which Accompt shall bear the Names and Designations of the several Proprietors, and the place and page of the Book or Books, out of which the samen is Extracted.

As also, That the said Accompt shall bear all the Transfers that have been made, and marked in the Companies Books, by any of the Pro|prietors, with the Names and Designations of the Assigneys, and mark also the Book and Page out of which these are Extracted.

Ordered, That the said Directors shall also frame and state an parti|cular Accompt of the Debts due by the said Company, with the An|nualrents thereof (where the Debts bear Annualrent) that shall be resting at the first day of May next: Which Accompts shall bear the Names and Designations of the Creditors, and the Books and Pages out of which they are Extracted.

Ordered, That the Directors of the said Company do also make an Inventary of the Books belonging to the said Company, containing the Titles and Numbers of the said Book, and also an account of all the Effects belonging to the said Company.

Ordered, That the said Accompts, and Inventary of Books and Effects above-mentioned, being subscribed by the Preses of a Quorum of the Directors, and the Secretary or Clerk to the said Company, shall be delivered in to the Lord Clerk Register to lie in the Records; and that the said Lord Clerk Register shall be obliged to give all the Proprietors, and Creditors to the said Company, mentioned in the said Accompts, their Assigneys and others having Right from them, Extracts subscribed by him, or Deputs appointed by him for that ef|fect, of the several shares of Stock and Interest, and Debts stated in the said Accompt, and that gratis.

Ordered, That there be a Warrant granted by the Parliament for

summar Diligence by Horning and Caption against the Directors of the said Company for framing, stating, and giving in the said Ac|compts, and Inventary of Books and Effects subscribed as above-mentioned.

Ordered, That the Books and Vouchers of the Company be exhibited to the Commissioners to be named by Her Majesty, for disposing of the Equivalent, or any appointed by them, as oft as they shall so require. And that the Clerks, and all Havers of the saids Books and Vouchers may be called summarly by the saids Commissioners for Exhibition before themselves; and if need beis, Letters of Horn|ing be direct upon their Warrant for that effect: And also, that the Lord Clerk Register, and the said Commissioners, or any by them appointed, shall not only have free access to inspect, but Liberty to Copy these Books, or any part thereof, as they shall think fit, to the end, that the saids Accompts, and Inventars of Goods and Books may be compared with the said Books.

Ordered, That the Sum to which the said Accompts of Stock and Debts with their Annualrents shall amount, not exceeding the Sum of two Hundred Fourty Three Thousand one Hundred sixty six lib, 3 sh. sterl. shall be by the Commissioners to be named by Her Majesty for applying of the Equivalent, conform to the Articles of the Ʋni|on, consigned in the Hands of a Cash keeper, one or moe, to be named by Her Majesty for that effect, to be distributed to the several Proprietors, Creditors to the Company, and others having Right from them, according to their respective shares stated in the said Accompts and Books to which they relate.

Ordered, That the said Cash-keepers, one or moe to be named in manner foresaid shall find Caution at the sight of the Commissioners to be named by Her Majesty for applying of the Equivalent in the terms, and to the effect the Cash-keepers of the African Company for|merly did find Caution.

Ordered, That how soon the saids Commissioners for disposing the Equivalent, shall receive the Sum of lib. 398085. 10 sh. which is to be payed to Scotland by the 15th Article of the Treaty of Ʋnion of the Kingdoms of Scotland and England, or so much thereof as may answer to the Damnage that private persons may sustain by rectifying the Coyn of this Kingdom, and to the Sum to which the Capital Stock, Debts of the said Company, and Interest thereof shall amount to, conform to the said Accompts; That then the said Commissio|ners shall be obliged, and are hereby strictly required furthwith, and without delay to consign the said Sum, Principal and Interest con|tained in the said Accompts, in the Hands of the Cash-keepers, one or moe to be appointed as above.

Ordered, That in case the said Commissioners for disposing the E|quivalent, shall delay or postpone to consign as above appointed, sum|mar

Diligence shall be allowed against the said haill Commissioners, in solidum, by Horning and Caption, whereof no Suspension shall pass by any Judge or Judicatory, but upon Consignation or Per|formance as aforesaid.

Ordered, That the said Diligence shall be raised and execute against the said Commissioners, at the Instance of any person to be named be|tween and the said day, by the Council and Directors of the said Company.

Ordered, That how soon the said-Sum of lib. 398085 10 sh. sterl. mentioned in the foresaid Article of the Treaty, shall be payed in to the Commissioners, or so much thereof as will be needful for repair|ing the Loss in reducing the Coin of this Kingdom to the Standart of England, and refounding the said Capital Stock, Debts and Annual-rents to the said Company, conform to the above Accompt. That im|mediately thereafter a Proclamation of Council be issued intimating the same.

Resolved, That the said Cash keeper, one or moe their Receipt or Discharge of the saids Sums contained in the said Accompts, shall be a sufficient Exoneration to the Commissioners for disposing of the E|quivalent. And that the said Discharge be by the said Commissio|ners immediately after the same is granted, given in to be registrate in the Books of Council and Session, and that an Extract of the said Discharge be furthwith presented by the said Commissioners to the Privy Council, and that thereupon the Privy Council shall immediate|ly issue a Proclamation to be published at the Head-burghs of the seve|ral Shires, intimating that the said Sums are consigned in the said Cash-keepers hands.

Ordered, That after the foresaid Money shall be paid in to the said Cashier to be distributed and paid in manner foresaid, That the whole Books of the Company according to the Inventary appointed to be made in manner above-mentioned shall be delivered to the Lord Clerk Register to lye in the Records, and to be made patent to the saids Commissioners to be named by Her Majesty for disposing of the Equivalent, and all others having Interest.

Ordered, That after the said Proclamation, the Cashiers one or moe shall be bound, and are hereby strictly ordered and required, To make ready and effectual payment without abatement to the Proprietors and Creditors of the said Company, their Assigneys and others ha|ving Right from them of their respective Stocks and Debts, and Inte|rest of the same, as contained in the Accompts above-mentioned, or Extracts thereof upon valid Discharges bearing absolute Warrandice.

Ordered, In case the said Cashier or Cashiers shall delay making due and ready payment to the said Proprietors and Creditors above-men|tioned of their respective Shares, Then the said Proprietors or Credi|tors, and others deriving Right from them, shall upon an Extract of

a Particle of the saids Accompts in so far as concer•…•…r the said particu|lar Proprietors or Creditor, or upon the Receipts formerly granted by the Cashiers of the said Company, have Letters of Horning and all other Execution as is allowed upon forreign Bills of Exchange a|gainst the said Cashier or Cashiers, and his or their Cautioner.

Ordered, That the said Cashier or Cashiers shall keep an exact Ac|compt of all the payments they make, and insert the same in a Book for that effect all the particular Receipts and Discharges which they shall get from the Proprietors and Creditors, or others foresaid.

Ordered, That for preventing Frauds and Abuses, that none of the Commissioners of the Equivalent, or the Cashier or Cashiers afore|said shall by themselves or others in their name, or to their behoof, make any Bargain or Transaction for any Share of the said capital Stock or Interest directly or indirectly, and that under the pain of Ʋsury and Infamy.

Ordered, That the Debts due to the African, &c. Company by the Proprietors on account of the Moieties called for and not paid in, or on Account of their Subscription, Money be discharged.

Ordered, That the Effects belonging to the Company to be con|tained in the foresaid Inventary upon paying in the foresaid Sum an|swerable to the Capital Sum advanced by the Proprietors of the A|frican Company, and to the Debts due by the said Company, and to the Interest of the said Capital Stock and Debts, conform to the Ac|compts appointed to be made of the same to the Cashier to be named for the effect in manner above-written, shall belong to Her Majestly, and be applyed by the foresaid Commissioners of the Equivalent, to the same Ʋses to which the other Sums to be paid to Scotland conform to the foresaid 15th Article are appointed to be applyed.

Resolved, That an Act be brought in, warranding and appointing Diligence to pass in the terms of the above Orders, against the Com|missioners of the Equivalent and the Cashiers aforesaid, as also prohi|biting and discharging the said Commissioners or Cashiers to make any Bargain or Transaction for any part of the Capital Stock or Interest of the said Sum as above-mentioned.

N^o B x x.

A PROCLAMATION. Against all Tumultuary and Irregular Meet|ings and Convocations of the Liedges.

ANNE by the Grace of GOD, Queen of Great-Britain, France, and Ireland, Defender of the Faith:

To Our Lyon King at Arms, and his Brethren Heraulds, Pursevants, Macers, and Messengers at Arms, Our Sheriffs in that Part, conjunctly and severally, spe|cially Constitute, Greeting:

Forasmuchas, albeit the raising of Tumults, and making Convocations within Burgh, and the Riotous and Dis|orderly Assembling and Continuing in Arms, thereby Insulting the Magistrates, and hindring them in the Execution of their Office, and hindring of the common Law, be contrary to sundry Laws and Acts of Parliament, as well as destructive of the Ends of Govern|ment, and particularly to Parl. 14. Cap. 77. Ja. 2. Ja. 4. Parl. 3. Chap. 34. Ja. 6. Parl. 18. Chap. 17. As also the rising in Arms, Con|vocating Our Leidges in the open Fields, and Marching in formed Bodies armed through the Countrey, and entring into Our Royal Burghs boden in Fier of Weir, and entring into Bonds, Leagues, and Associations, for prosecuting illegal and unwarrantable Ends, be, by several Laws and Acts of Parliament, Declared to be open and ma|nifest Treason, and the Committers, Abbetters and Assistants in such Crimes and Practices, ought to be prosecuted, and may be punished as Traitors to Her Majesty and Her Government; and particularly by Parl. 2. Ja. 1st. Chap. 37. Ja. 2. Parl. 6. Chap. 14. Ja. 6. Parl. 12. Chap. 144. Cha. 2. Parl. 1st. Session 1st. Chap. 3. Yet nevertheless We and our Estates of Parliament are certainly informed, that in se|veral Corners of the Realm, and particularly in Our Burgh of Glas|gow, and other places within the Sheriffdom of Lanerk and in Our Burgh of Dumfries, and other places adjacent, People have presum|ed, in manifest Contempt of the foresaid Laws, to assemble them|selves in open Desyance of Our Government, and with manifest Design to overturn the same, by insulting the Magistrates, Attacking and Assaulting the Houses of Our peaceable Subjects continuing open|ly in Arms, and marching in formed Bodies through the Countrey, and into Our Burghs, and insolently burning, in the face of the Sun, and presence of the Magistrates, the Articles of Treaty betwixt Our

two Kingdoms, entred into by the Authority of Parliament, and even after the said Articles had been presented to Us, and were un|der the Consideration of Ʋs and Our Estates presently sitting in Parliament, and some Progress made thereupon; And such Crimes and Insolencies being no ways to be Tolerated in any well governed Nation; But on the contrary, ought to be condignly punished con|form to the Laws above-mentioned, and other Acts of Parliament made thereanent, especially if persisted and continued in after Our Displeasure therewith shall be made known: Therefore, We with Advice and Consent of the Estates of Parliament, peremptorly Re|quire and Command all, and every person who have assembled them|selves in manner above-mentioned, to lay down their said Arms, and disperse themselves, and peaceably and quietly to Retire, and be|take themselves to their several Habitations and Employments; And We with Advice foresaid, Prohibite and Discharge any Assembling or Convocating in Arms in manner foresaid, under the pains contained in the Acts of Parliament above-mentioned, Certifying all that shall be Guilty Actors, Abbetors, or Assistants in Convocating or Assem|bling in Arms, or these who shall Convocat and commit these Practi|ces above-mentioned, shall be Treated and Pursued as open Traitors & the pains of Treason execute upon them accordingly; And in case any of Our People shall dare to be so Presumptuous, after publication of the Premisses, to Assemble or continue in Arms; We hereby Require and Command the Sheriffs of Our several Shires, Stewarts of Stewartries, Baillies of Regulities and Baronies, Magistrates of Burghs, and other Officiars of Our Law, Officers of Our Forces, and Troops under their Command, to pass upon, disperse & subdue the said Convocation by open Force, and all manner of Violence, as Enemies & open Rebels to Ʋs and Our Government; And in case any Slaughter, Blood, Bruises, or Mutilation shall happen to be done, and committed by Our said Sheriffs, and Officers of Our Forces, and other Magistrates foresaid, or persons under their Command; We with Advice foresaid, do do hereby fully Remit, Pardon and Indemnifie the same, and dis|charge the Prosecution thereof Civilly or Criminally in all time com|ing. Our Will is herefore, and We charge you, that ye pass to the Mercat-Cross of Edinburgh, and the Mercat-Crosses of Dumfries, Lanerk and Glasgow, and other places needful, and there make Pub|lication hereof, by open Proclamation of the Premisses, that none pretend Ignorance. And Ordains these presents to be printed, and Our Solicitors to send Copies hereof to the Magistrates of the respec|tive Burghs above-mentioned for that effect.

Extracted furth of the Records of Parliament, by JA. MƲRRAY, Cls. Reg.

GOD Save the Queen.

N^o C x x.

MEMORANDUM For the Honourable Estates of Parliament.

PRimo, It is humbly intreated, That in case the Ʋnion be con|cluded, that for preserving the Peace of the Nation and Re|dressing of Grievances of the Church, the Privy Council may be continued, or some Court Established for judging in such Cases as were formerly judged by the Council, and this Church may corres|pond with them for Fasts and Thanksgivings. Secundo, The Interests of diverse Heretors, as well as the Exigents of the Church will require, that there be some fixed Court to do the Work of the Commission for Plantation of Kirks and Valuation of Teinds, which is the more ne|cessary, in respect of the great prejudice the Church has sustained for want thereof, and that this Court be impowered to make up the Re|gisters of the Commissions of former Parliaments that were burnt in the great Fire in Edinburgh. Tertio, Seeing the Terms of an Oath should be clear, that it may be taken in Truth, in Righteousness and Judgment; It is desired, That if the English Abjuration Oath be re|quired of Scots-Men, the Words may be made plain and clear with|out reference to English Statutes, which are not known here, and that what the Taker of the said Oath is to be obliged to, be expresly insert in the said Oath, and that the same be agreeable to our known Prin|ciples. Quarto, Seeing upon the event of an Union there ought to be a Commuication of all Privileges and Advantages which do or may belong to the Subjects of either Kingdom: It is intreated, That due Provision be made, that in case of any Ʋnion Scots-Men may be capa|ble of places of Power and Trust in all places of Britain, without any Obligation to take the English Sacramental TEST; for that, besides what may be said of the Danger that way to prophane that Holy Ordi|nance, it may prove a Temptation to divers to conform, who other|ways would not do it, and this way by degrees bring in Corruption to this Church. Quinto, Seeing the Eccesiastical Supremacy claimed some time by the Sovereigns in this Land, was such an Encroachment on the Prerogative of our Lord JESUS CHRIST, the alone Head and King of His Church, and had such sad Consequences, and is now so happily rescinded: It is humbly intreated, that all possible Security be provided against the reassuming of it in after time.

N^o D x x.

ACT against all Musters and Rendezvouzes during the present Session of Parliament.

Novemb. 30. 1706

OUR Sovereign Lady, Considering, that by the 3d. Act of the 2d. Session of this Parliament, Intituled, act for Security of the Kingdom, It is Statute and Enacted that the whole Protestant Heretors, and all the Burghs within the same, shall furthwith provide themselves with Fire Arms for all the Fencible Men, who are Prote|stants, within their respective Bounds, and the said Heretors and Burghs are thereby impowered and Ordained to Discipline and Exer|cise their Fencible Men once in the Month at least; And also consi|dering that the Disorderly and Seditious Meetings and Tumults in some places in the Countrey, do make it necessary at this Occasion to suspend the Effect of the foresaid Clause during this Session of Parlia|ment allennarly. Therefore, Her Majesty, with Advice and Consent of the Estates of Parliament, doth hereby suspend the Effect of the foresaid Clause, and that during this Session of Parliament allennarly. And further, Her Majesty with Advice and Consent foresaid, Dis|charges and strictly prohibites the Subjects of this Kingdom to meet and assemble together in Arms after the Publication hereof, upon any Pretence whatsoever, during the space foresaid, without Her Maje|sties special Command, or express Licence had or obtained thereto. And Requires and Commands all the Subjects of this Kingdom to re|tire to their own Habitations and lawful Imployments; Certifying such as shall do in the contrary, that they shall be lyable to the Pains of High Treason, conform to the Laws and Acts of Parliament made against unlawful Convocations and rising in Arms.

N^o F. x x.

IN the Parliament Monday 4th November 1706, a Vote was stated in thir Terms, Approve of the First Article of Union in the Terms of the Motion mentioned in the preceeding days Minuts, Vtz. That if the other Articles of Union be not adjusted by the Parliament, then the agreeing to and approving of the First, shall be of no effect; and that im|mediately after the said first Article, the Parliament will pro|ceed to an Act for Security of the Doctrine, Discipline, Wor|ship and Government of the Church, as now by Law E|stablished within this Kingdom, and it carried Approve, in the Terms of the above Motion, and the List of the Members as they Voted Pro and Con, (ordered to be printed) is as follows.

APPROVERS of the Nobility.

• The Lord Chancellor
• Marq: of Montrose P. S. C.
• Duke of Argyle
• Marquess of Tweddale
• Marquess of Lothian.
• Earls.
• Mar Sec.
• Lowdoun Sec.
• Crawford
• Sutherland
• Rothes
• Mortoun
• Eglintoun
• Roxburgh
• Haddingtoun
• Galloway
• Weymes
• Dalhousie
• Leven
• Northesque
• Belicarras
• Forfar
• kilmarnock
• Kintore
• Dunmore
• Marchmont
• Hyndfoord
• Cromarty
• Stair
• Roseberry
• Glasgow Ther. Dept:
• Hoptoun
• Delorain
• Ilay.
• Vicounts.
• Duplin
• Garnock.
• Lords.
• Forbes
• Elphingstoun
• Ross
• Torphichen
• Frazer
• Banff
• Elibank
• Duffus
• Rollo
• Lord Registet
• Lord Justice Clerk

Of the Barrons.

• Sir Robert Dickson of Inverask
• William Nisbet of Dirletoun.
• Jo. Cockburn younger of Ormistoun
• Sir John Swintoun of that Ilk
• Sir Alexander Campbell of Cesnock
• Sir william Ker of Greenhead
• Archibald Douglass of Cavers
• William Bennet of Grubbet
• Mr. John Murray of Bowhill
• Mr. John Pringle of Haining
• Will: Morison of Prestoungrange
• George Baillie of Jerviswood
• Sir John Johnstoun of Westerhall
• William Douglass of Dornock
• ...

• Mr. Will: Steuart of Castle-stewart
• Mr. John Steuart of Sorbie
• Mr. Francis Montgomery of Giffan
• Mr. Will. Dalrymple of Glenmuir
• Mr. Robert Steuart of Tillicoultry
• Sir Robert Pollock of that Ilk
• Mr. John Montgomery of Wrae
• John Hadden of Glenagies
• Mungo Grahame of Gorthy
• Sir Thomas Burnet of Leyes
• Will. Seton younger of Pitmedden
• Alexander Grant younger of that Ilk
• Sir Kenneth Mackenzie
• Mr. Aeneas Mackleod of Catboll
• Mr: John Campbell of Mammore
• Sir James Campbell of Auchinbreck
• Ja. Campbell younger of Ardkinglass
• Sir William Anstruther of that Ilk
• James Halyburton of Pitcurr
• Alexander Abercrombie of Glassoch
• William Maxwell of Cardiness
• Mr. Ja. Dumbar yor. of Hemprigs
• John Bruce of Kinross.

Of the Burrows.

• Sir Patrick Johnstoun
• John Scrymsour
• Lieutenant Coll. Jo. Areskin
• John Muir
• James Scot
• Patrick Bruce
• Sir John Areskine
• James Spitle
• Mr. Patrick Moncrieff
• George Monro
• Sir Andrew Home
• William Coltran
• Sir Peter Halket
• Sir James Smollet
• Mr. William Carmichael
• Captain Daniel Mackleod
• Sir David Dalrymple
• Sir Alexander Ogilvie
• Mr. John Clerk
• John Ross
• Sir Hugh Dalrymple
• Mr. Patrick Ogilvie
• George Allardice
• William Alvis
• Mr. Roderick Mackenzie
• John Urquhart
• Sir James Steuart
• Daniel Campbell
• Sir Robert Forbes
• Mr. Robert Douglass
• Mr. Alexander Maitland
• Mr. George Dalrymple
• Mr. Charles Campbell.

Sic Subscribitur Seafield Cancellar. I. P. D. P.

NOE'S of the Nobility.

• Duke of Hamilton
• Duke of Athole
• Marquess of Annandale.
• ...Earls.
• Errol
• Marischal
• Buchan
• Glencairn
• Wigtoun
• Strathmore
• Selkrig
• Kincardin.
• ...Viscounts.
• Stormount
• Kilsyth.
• ...Lords.
• Semple
• Oliphant
• Balmerino
• Blantyre
• Bargany
• Beilhaven
• Colvil
• Kinnaird.

Of the Barrons.

• George Lockhart of Carnwath
• Sir James Foulis of Colingtoun
• Andrew Fletcher of Saltoun
• Sir Rob. Sinclair of Longformacus
• ...

• Sr Patrick Home of Rentoun
• Sir Gilbert Eliot of Minto
• William Baillie of Lamingtoun
• John Sinclair yor. of Stevenson
• John Sharp of Hoddam
• Mr. Alexander Ferguson of Isle
• Jo. Brisbane younger of Bishoptoun
• Mr. Will: Cochran of Kilmaronock
• Sir Humphrey Colquhoun of Luss
• Sir John Houstoun of that Ilk
• John Grahame of Killairn
• James Grahame of Bucklyvie
• Thomas Sharp of Houstoun
• Sir Patrick Murray of Auchtertyre
• John Murray of Strowan
• Sir David Ramsay of Balmain
• Alexander Gordon of Pitlurg
• James More of Stoniewood
• John Forbes of Colloden
• David Bethune of Balfour
• Mr. Thomas Hope of Rankeilor
• Mr. Patrick Lyon of Anchterhouse
• Mr. James Carnagie of Phinhaven
• David Grahame younger of Fintrie
• James Ogilvie younger of Boyn
• Alexander Mackgie of Palgoun
• Sir Henry Innes younger of that Ilk
• Alexander Douglass of Eagleshaw
• Mr. George Mackenzie of Inchoulter

Of the Burrows,

• Robert Inglis
• Alexander Robertson
• Walter Stewart
• Alexander Watson
• Hugh Montgomery
• Alexander Edgar
• John Black
• James Oswald
• Robert Johnstoun
• Alexander Duff
• Francis Molison
• Walter Scot
• George Smith
• Robert Scot
• Robert Kellie
• John Hutcheson
• Mr. William Sutherland
• Archibald Sheils
• Mr. John Lyon
• Mr. Dougal Steuart
• George Brodie
• George Spence
• Sir David Cuninghame
• Mr. William Johnstoun
• Mr. John Carruthers
• George Home
• Mr. James Bethun
• John Bayne
• Mr. Robert Frazer.

Sic Subscribitur Seafield Cancellar. I. P. D. P.

N^o E. x x.

This belongs to Minutes 46.

IN the Parliament the 27 of December 1706, a Vote was stated, Approve of a Proclamation Discharging Unwarran|table and Seditious Convocations and Meetings, Yea or Not, and it carried Approve; and the List of the Mem|bers Names as they voted Approve or Not (ordered to be Printed) is as follows:

APPROVERS of the Nobility.

• Marq. of Montrose P. S. C.
• Duke of Argyle
• Marquess of Tweddale
• Marquess of Lothian. Earls.
• Mar Sec.
• Lowdoun Sec.
• Crawford
• Sutherland
• Rothes
• Mortoun
• Glencairn.
• Eglintoun
• Abercorn
• Roxburgh
• Haddingtoun
• Galloway
• Dalhousie
• Findlater
• Leven
• Northesque
• Belcarras
• Forfar
• Kilmarnock
• Kintore
• Dunmore
• Marchmont
• Cromarty
• Stair
• Roseberry
• Glasgow Ther. D:
• Hoptoun
• Delorain
• Ilay.
• Lords.
• Forbes
• Elphingstoun
• Ross
• Torphichen
• Frazer
• Banff
• Duffus
• Lord Register
• Lord Justice Clerk.

Of the Barons.

• Robert Dundass of Arnistoun.
• Sir Robert Dickson of Inverask
• William Nisbet of Dirletoun.
• Jo. Cockburn younger of Ormistoun
• Sir John Swintoun of that Ilk
• Sir Alexander Campbell of Cesnock
• Sir william Ker of Greenhead
• Sir Gilbert Eliot of Minto
• Archibald Douglass of Cavers
• William Bennet of Grubbet
• Mr. John Murray of Bowhill
• Mr. John Pringle of Haining
• Will: Morison of Prestoungrange
• Sir John Johnstoun of Westerhall
• William Douglass of Dornock
• Mr. Will: Steuart of Castle-stewart
• Mr. John Steuart of Sorbie
• Mr. Francis Montgomery of Giffan
• Mr. Will. Dairymple of Glenmuir
• Mr. Robert Steuart of Tillicoultry
• Sir Robert Pollock of that Ilk
• Thomas Sharp of Houstoun
• Mr. John Montgomery of Wrae
• John Hadden of Glenagies
• Mungo Grahame of Gorthy
• Sir Thomas Burnet of Leyes
• Will. Seton younger of Pitmedden
• Hugh Ross of Kilravock.
• Mr: John Campbell of Mammore
• Sir James Campbell of Auchinbreck
• Ja. Campbell younger of Ardkinglass
• Sir William Anstruther of that Ilk
• James Halyburton of Pitcurr
• ...

• Alexander Abercrombie of Glassoch
• William Maxwell of Cardiness
• Alexander Douglass of Egilsh•…•…aw
• John Bruce of Kinross.

Of the Burrows.

• Sir Patrick Johnstoun
• John Scrymsour
• Lieutenant Coll. Jo. Areskin
• John Muir
• James Scot
• Sir John Anstruther
• Sir John Areskine
• James Spitle
• Mr. Patrick Moncrieff
• Sir Andrew Home
• Sir Peter Halket
• Sir James Smollet
• Mr. William Carmichael
• Mr. William Sutherland
• Captain Daniel Mackleod
• Sir David Dalrymple
• Sir Alexander Ogilvie
• Mr. John Clerk
• John Ross
• Sir Hugh Dalrymple
• Mr. Patrick Ogilvie
• George Allardice
• William Alvis
• Mr. James Bethun
• Mr. Roderick Mackenzie
• John Urquhart
• Sir James Steuart
• Daniel Campbell
• Sir Robert Forbes
• Mr. Robert Douglass
• Mr. Alexander Maitland
• Mr. George Dalrymple
• Mr. Charles Campbell.

Sic Subscribitur Seafield Cancellar. I. P. D. P.

NOE'S of the Nobility.

• Duke of Hamilton
• Duke of Athole
• Murquess of Annandale.
• ...Earls.
• Errol
• Marischal
• Wigtoun
• Selkirk
• ...Viscounts.
• Stormount
• Kilsyth.
• ...Lords.
• Saltoun
• Oliphant
• Balmerino
• Blantyre
• Bargany
• Beilhaven
• Colvil
• Kinnaird.

Of the Barons.

• George Lockhart of Carnwath
• Sir James Foulis of Colingtoun
• Sir John Lauder of Fountainhall
• Andrew Fletcher of Saltoun
• Sir Rob. Sinclair of Longformacus
• Sir Patrick Home of Rentoun
• William Baillie of Lamingtoun
• John Sinclair yor. of Stevenson
• Mr. Alexander Ferguson of Isle
• Jo. Brisbane younger of Bishoptoun
• Mr. Will: Cochran of Kilmaronock
• Sir John Houstoun of that Ilk
• James Grahame of Bucklivie
• Robert Rollo of Powhouse
• Sir Patrick Murray of Auchtertyre
• John Murray of Strowan
• Alexander Gordon of Pitlurg
• John Forbes of Colloden
• David Bethune of Balfour
• Major Henry Balfour of Dunboig
• Mr. Thomas Hope of Rankeilor
• Mr. Patrick Lyon of Auchterhouse
• Mr. James Carnagie of Phinhaven
• David Grahame younger of Fintrie
• James Ogilvie younger of Boyn
• Alexander Mackgie of Palgoun
• James Sinclair of Stempster
• Sir Henry Innes younger of that Ilk
• Mr. George Mackenzie of Inchoulter

Of the Burrows,

• Alexander Robertson
• Walter Stewart
• Alexander Watson
• James Oswald
• Alexander Duff
• Francis Molison
• George Smith
• Robert Scot
• Robert Kellie
• Archibald Sheils
• Mr. John Lyon
• Sir Robert Anstruther
• Sir David Cuninghame
• Mr. John Carruthers
• George Home
• John Bayne

Sic Subscribitur Seafield Cancellar. I. P. D. P.

N^o G x x.

Threatning Letter to the Duke of Queens|berry in the time of the Rabbles at Edin|burgh, and the carrying on the Treaty.

One Subscribed thus.

To his Grace the Duke of Queensberry Her Majesties High Commissioner to the Parliament of Scotland.

May it please your Grace.

I Could not have Peace in my own Mind Night or Day, until I made this Discovery of a Plot, so clossly laid against your Grace, that the World could not have discovered, unless it had pleased God thus to touch my Conscience, or some others of the Conspirators; Wherefore I shall give your Grace a short Account of the true Matter of Fact, without the least Dissembling. Ʋpon Thursday last at 12 a Clock at Night, there came a Gentleman to my House, who whis|per'd in mine Ear while I was in Bed, to go along with him in all haste, so I got up out of Bed and went with him, he led me into a Chamber, where I met Seven other young Men, who welcom'd me to the place, and after a little Talk, told me they were upon a Bu|siness which they could not effect without me, which was to dispatch that Treacherous Devil the Commissioner (so they were pleased to call your Grace) I, God forgive me, joyned with them heartily, whereupon they produced a Paper, containing a most horrid Oath,

whereby they bound themselves to Assassinate your Grace the first day the Parliament sat after New-years-day, and that they should ra|ther be burned alive than discover their Fellows—Two and Twenty has subscribed this Oath with their Blood.

They said they wanted only Two to compleat their Number for the Work, they desiring to have Twenty Four concerned in it, some of these your Grace would little suspect, but these that are to be the main Actors, are the most graceless debauch'd Wretches in the World, that fear neither God nor Man, some of them are to be cloathed in the Highland Dress, one in the Habit of a Beggar with a false Beard, six of them are to be in the Habit of Baxters, that by this means they may with the more ease raise the Rabble, one of those in Highland Dress is to stand on your left hand as you come out of the Parliament-House, with a naked Durk beneath his Plaid to stab your Grace; But if he has no Opportunity for Action, then the Beg|gar is to attend your Coach with a Pistol beneath his Rags, which he is to fire at your Grace, at which the Baxters are to raise the Rabble with their Crys, which they think will soon be done; Then lest your Grace should escape with Life, they are to take care to get the Nether-Bow Port closed in spight of the Guards: Their next de|sign is upon the Chancellor, Philiphaugh, and some others; After repeated Oaths of Secrecie we parted about 3 a Clock this Morning, and I came home, but perplexing Thoughts so Tormented me, that I could neither Sleep, Eat or Drink till I cased my Mind with this Dis|covery. If your Grace will assure me of Pardon, and that you will obtain me a Remission from the Queen for this and an other Crime, which the Conspirators will alledge for revenge I was guilty of ten Years ago abroad, I will come to your Graces Lodging and make a full Discovery of this whole Design, and let your Grace see their Names written with their own Hands, and with their own Blood, for they put so much Trust in me, as that they gave it me in keeping; Your Grace may take your own Method in making it known, if you will pardon me and protect me; which if your Grace do, I shall not fail to perform my Promise, and tell your Grace other Circumstances than can recite here.

Dec. 20. 6 at Night 1706.

I am, may it please your Grace, Your Graces Humble Servant

There were several other Letters, some to Bully and Insult the Commissioner, some pretending to Caution him, but his Grace took no notice of any of them, nor did he ever omit going to the Parliament-house, or pursue the Affair then in Hand, notwithstanding these Insults.

N^o H x x.

An Act for Securing the Church of England as by Law Established.

WHereas by an Act made in the Session of Parliament held in the Third and Fourth Year of Her Majesties Reign, whereby Her Majesty was Impowered to appoint Commissioners, under the Great Seal of England, to Treat with Commissioners to be Authorized by the Parliament of Scotland, concerning an Ʋnion of the Kingdoms of England and Scotland, it is Provided and Enacted, that the Commis|sioners to be Named in pursuance of the said Act should not Treat of or concerning any Alteration of the Liturgy, Rites, Ceremonies, Dis|cipline or Government of the Church as by Law Established within this Realm; And whereas certain Commissioners appointed by Her Majesty in pursuance of the said Act, and also other Commissioners nominated by Her Majesty by the Authority of the Parliament of Scotland, have met and agreed upon a Treaty of Union of the said Kingdoms; Which Treaty is now under the Consideration of this present Parliament: And whereas the said Treaty (with some Alte|rations therein made) is ratified and approved by Act of Parliament in Scotland; And the said Act of Ratification is, by Her Majesties Royal Command, laid before the Parliament of this Kingdom: And whereas it is reasonable and necessary, that the true Protestant Religi|on professed and Established by Law in the Church of England, and the Doctrine, Worship, Discipline and Government thereof, should be effectually and unalterably secured; Be it Enacted by the Queens most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by Authority of the same, That an Act made in the Thirteenth Year of the Reign of Queen Elizabeth, of fa|mous Memory, Intituled, An Act for the Ministers of the Church to be of sound Religion: And also another Act made in the thirteenth year of the Reign of the late King Charles the second, Intituled, An Act for the Ʋniformity of publick Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the Form of Ma|king, Ordaining and Consecrating Bishops, Priests and Deacons in the Church of England (other than such Clauses in the said Acts, or ei|ther of them, as have been Repealed or Altered by any subsequent Act or Acts of Parliament) and all and singular other Acts of Parliaments now in Force for the Establishment and Preservation of the Church of England, and the Doctrine, Worship, Discipline and Government thereof, shall remain and be in full Force for ever.

And be it further Enacted by the Authority foresaid, that after the Demise of Her Majesty (whom GOD long preserve) the Sovereign next succeeding to Her Majesty in the Royal Government of the King|dom of Great-Britain, and so for ever hereafter, every King or Queen succeeding and coming to the Royal Government of the King|dom of Great-Britain, at His or Her Coronation, shall in the pre|sence of all persons who shall be attending, assisting, or otherwise then and there present, take and subscribe an Oath to Maintain and Preserve inviolably the said Settlement of the Church of England, and the Doctrine, Worship, Discipline and Government thereof as by Law established within the Kingdoms of England and Ireland, the Dominion of Wales, and Town of Berwick upon Tweed, and the Territories thereunto belonging.

And be it further Enacted by the Authority aforesaid, That this Act, and all and every the Matters and Things therein contained, be, and shall for ever be Holden and Adjudged to be a Fundamental and Essential Part of any Treaty of Union to be Concluded between the said two Kingdoms; And also that this Act shall be inserted in express Terms in any Act of Parliament which shall be made for Settling and Ratifying any such Treaty of Ʋnion, and shall be therein Declared to be an Essential and Fundamental Part thereof.

I x x.

ACT settling the Manner of Electing the Sixteen Peers and Fourty Five Common|ers to Represent Scotland in the Parlia|ment of Great-Britain.

February 5. 1707.

OUR SOVEREIGN LADY, Confidering, That by the Twen|ty second Article of the Treaty of Ʋnion, as the same is Rati|fied by an Act past in this Session of Parliament upon the six|teenth of January last, It is provided, that by virtue of the said Trea|ty, Of the Peers of Scotland at the time of the Union, Sixteen shall be the Number to Sit and Vote in the House of Lords, and Fourty Five the Number of the Representatives of Scotland in the House of Commons of the Parliament of Great-Britain; And that the said Six|teen Peers, and Fourty Five Members in the House of Commons be Named and Chosen in such manner, as by a subsequent Act in this present Session of Parliament in Scotland should be settled; Which Act is thereby declared to be as valid, as if it were a part of, and in|grossed in the said Treaty. Therefore, Her Majesty, with Advice and Consent of the Estates of Parliament, Statutes, Enacts and Ordains, That the said Sixteen Peers who shall have Right to Sit in the House of Peers in the Parliament of Great Britain on the part of Scotland, by virtue of this Treaty, shall be Named by the said Peers of Scotland

whom they Represent, their Heirs or Successors to their Dignities and Honours, out of their own Number, and that by open Election and plurality of Voices of the Peers present, and of the Proxies for such as shall be absent, the said Proxies being Peers, and produ|cing a Mandat in Writing duly signed before Witnesses, and both the Constituent and Proxy being qualified according to Law; Declar|ing also, that such Peers as are absent, being qualified as aforesaid, may send to all such Meetings, Lists of the Peers whom they judge fit|test, validly Signed by the said absent Peers, which shall be reckoned in the same manner, as if the Parties had been present, and given in the said List: And in case of the Death, or legal Incapacity of any of the said Sixteen Peers, that the foresaid Peers of Scotland shall no|minat another of their own Number in place of the said Peer or Peers in manner before and after mentioned. And that of the said Fourty five Representatives of Scotland in the House of Commons in the Parliament of Great-Britain, Thirty shall be chosen by the Shires or Stewartries, and Fifteen by the Royal Burrows, as follows, viz. One for every Shire and Stewartrie, excepting the Shires of Bute and Caithness, which shall Choise one by turns, Bute having the first E|lection; The Shires of Nairn and Cromarty which shall also Choise by turns, Nairn having the first Election; And in like manner, the Shires of Clackmannan and Kinross shall Choise by turns, Clackman|nan having the first Election: And in case of the Death or legal In|capacity of any of the said Members from the respective Shires or Stewartries above mentioned, to sit in the House of Commons. It is Enacted and Ordained, That the Shire or Stewartry who elected the said Member, shall elect another Member in his place. And that the said Fifteen Representatives for the Royal Burrows be chosen as fol|lows, viz. That the Town of Edinburgh shall have Right to Elect and send one Member to the Parliament of Great-Britain; And that each of the other Burghs shall Elect a Commissioner in the same man|ner as they are now in use to Elect Commissioners to the Parliament of Scotland, Which Commissioners and Burghs (Edinburgh excep|ted) being divided in Fourteen Classes or Districts, shall meet at such time and Burghs within their respective Districts, as Her Majesty, Her Heirs or Successors shall appoint, and Elect one for each District, viz. The Burghs of Kirkwal, Week, Dornosk, Dingwall and Tayne, One; The Burghs of Fortrose, Inverness, Nairn and Forress, One; The Burghs of Elgine, Cullen, Bamff, Inverury and Kintore, One; The Burghs of Aberdeen, Inverbervie, Montross, Aberbrothock, and Brichen, One; The Burghs of Forfar, Perth, Dundee Cowper and St. Andrews, One; The Burghs of Crail, Kilrennie, Anstruther Easter, Anstruther Wester, and Pittenweem, One; The Burghs of Dysart, Kirkaldie, Kinghorn and Bruntisland, One; The Burghs of Innerkeithen, Dum|fermline, Queensferry, Culross and Stirling, One; The Burghs of Glasgow, Renfrew, Rutherglen and Dumbarton, One; The Burghs of Haddingtoun, Dumbar, Northberwick, Lawaer and Jedburgh, One; The Burghs of Selkirk, Peebles, Linlithgow, and Lanerk, One; The Burghs of Dumfries, Sanquhar, Annan, Lochmaban and Kirkcudbright, One; The Burghs of Wigtoun, Newgalloway, Stranrawer and White|hern,

One; And the Burghs of Air, Irvine, Rothesay, Campbelltoun and Inverary, One. And it is hereby Declared and Ordained, That where the Votes of the Commissioners for the said Burghs, Met to choise Representatives from their several Districts to the Parliament of Great-Britain shall be equal, in that case, the President of the Meeting shall have a Casting or Decisive Vote, and that by and at|tour his Vote as a Commissioner from the Burgh from which he is sent, The Commissioner from the eldest Burgh presiding in the first Meeting, and the Commissioners from the other Burghs in their re|spective Districts presiding afterwards by Turns, in the Order, as the said Burghs are now called in the Rolls of the Parliament of Scotland. And in case that any of the said Fifteen Commissioners from Burghs shall decease, or become legally incapable to Sit in the House of Com|mons, Then the Town of Edinburgh, or the District which choised the said Member, shall Elect a Member in his or their Place: It is always hereby expresly Provided and Declared, That none shall be capable to Elect or be Elected for any of the said Estates, but such as are Twenty one Years of Age compleat, and Protestant, excluding all Papists, or such who being suspect of Popery, and required, re|fuse to Swear and Subscribe the Formula, contained in the Third Act made in the Eighth and Ninth Sessions of King Williams Parliament, Intituled, Act for preventing the Growth of Popery; And also declaring, that none shall be capable to Elect or be Elected to Represent a Shire or Burgh in the Parliament of Great-Britain for this part of the Ʋnit|ed Kingdom, except such as are now capable by the Laws of this Kingdom to Elect or be Elected as Commissioners for Shires or Burghs to the Parliament of Scotland. And further, Her Majesty, with Advice and Consent foresaid, for the effectual and orderly Elec|tion of the Persons to be chosen to Sir, Vote and Serve in the re|spective Houses of the Parliament of Great-Britain, when Her Maje|sty, Her Heirs and Successors shall declare Her or Their Pleasure for holding the first, or any subsequent Parliament of Great-Britain, And when for that Effect a Write shall be issued out under the Great-Seal of the United Kingdom, directed to the Privy Council of Scot|land, conform to the said Twenty second Article, Statutes, Enacts and Ordains. That until the Parliament of Great-Britain shall make further Provision therein, the said Write shall contain a Warrant and Command to the said Privy Council to issue out a Proclamation in Her Majesties Name, requiring the Peers of Scotland for the time, to Meet and Assemble at such time and place within Scotland, as Her Ma|jesty and Royal Successors shall think fit, to make Election of the said Sixteen Peers; And requiring the Lord Clerk Register, or two of the Clerks of Session to attend all such Meetings, and to administer the Oaths that are or shall be by Law required, and to ask the Votes; And having made up the Lists in presence of the Meeting, to return the Names of the Sixteen Peers chosen, (certified under the Subscrip|tion of the said Lord Clerk-Register, Clerk or Clerks of Session atten|ding) to the Clerk of the Privy Council of Scotland. And sicklike,

Requiring and Ordaining the several Free-Holders in the respective Shires and Stewartries to Meet and Conveen at the Head-Burghs of their several Shires and Stewartries, to Elect their Commissioners con|form to the Order above set down; And Ordaining the Clerks of the said Meetings, immediately after the said Elections are over respec|tively, to return the Names of the persons Elected, to the Clerks of the Privy Council. And lastly, Ordaining the City of Edinburgh to Elect their Commissioner, and the other Royal Burghs to Elect each of them a Commissioner, as they have been in use to Elect Commissi|oners to the Parliament, and to send the said respective Commissio|ners, at such times, to such Burghs within their respective Districts, as Her Majesty and Successors, by such Proclamations, shall appoint; Requiring and Ordaining the common Clerk of the respective Burghs, where such Elections shall be appointed to be made, to attend the said Meetings, and immediately after the Election to return the Name of the Persons so Elected, (certifyed under his Hand) to the Clerk of Privy Council; To the end that the Names of the Sixteen Peers, Thirty Commissioners for Shires, and Fifteen Commissioners for Burghs, being so returned to the Privy Council, may be returned to the Court from whence the Write did issue under the Great Seal of the United Kingdom, conform to the said Twenty Second Article: And whereas by the said Twenty Second Article, It is agreed, That if Her Majesty shall on or before the First Day of May next, declare that it is expedient, the Lords and Commons of the present Parliament of England, should be the Members of the respective Houses of the first Parliament of Great-Britain, for and on the part of England, they shall accordingly be the Members of the said respective Houses, for and on the part of England; Her Majesty with Advice and Consent foresaid, in that case only, Doth hereby Statute and Ordain, That the Sixteen Peers and Fourty Five Commissioners for Shires and Burghs, who shall be chosen by the Peers, Barons and Burghs respectively in this present Session of Parliament, and out of the Members thereof, in the same manner as Committees of Parliament are usually now cho|sen, shall be the Members of the respective Houses of the said first Par|liament of Great-Britain, for and on the part of Scotland; Which Nomination and Election being certified by a Write under the Lord Clerk Registers Hand, The Persons so Nominated and Elec|ted shall have Right to sit and vote in the House of Lords, and in the House of Commons of the said first Parliament of Great-Britain.

N^o K x x.

Thursday 7. January 1707.

A protest was given in by George Lockhart of Carnwath, in these terms.

I George Lockhart of Carnwath do protest for my self, and in Name of such other Barons as shall adhere to this my Protestation; That nei|ther this Vote, nor any other Vote, Conclusion or Article in this Treaty of Union, shall prejudge the Barons of this Kingdom from their full Representation in Parliament, as now by Law established, nor any of their Privileges, and particularly their Judicative and Legislative Capacities, of which they are deprived by the Terms of this Treaty of Union: And I crave this my Protestation to be Admitted and Record|ed.

N^o L. x x.

And another Protest was given in by the Duke of Athole, in these Terms.

WHereas, by my Protest given in the 4th. of November last, before voting the first Article of Union, I did reserve Liberty to renew Protestations against any other Article of the Treaty: And as I prote|sted for the Reasons therein mentioned, so I do now, for my self and all others who shall adhere, protest against any Vote for approving the 22d. Article of this Treaty of Union, and against all the Parts of it, for these Reasons, Because the Peers of this Realm, who are hereditary Members of Her Majesties Great Council and Parliament, do thereby become E|lective, and so Her Majesty is deprived of Her born Counsellors, and the Peers of their Birth-right. And whereas they are at present 160 in Number, they are by this Article, reduced to 16; which 16 are to be joyned with the House of Lords in England, whose Number at present consists of a|bove 180, whereby it is plain, that the Scots Peers share in the Legisla|tive and Judicative Powers in the British Parliament is very unequal with that of the English, tho the one be Representatives of as Free and Inde|pendent a Nation as the other; and is therefore a plain Forfeiture of the Peerage of this Kingdom. And as it is the hight of Injustice, and against all the Laws and Practices of this and all other well govern'd Nations to forfeit any Person without a hainous Crime; So its against all Law to forfeit either the Peers that are now present, or those that are Minors or Absent, without being so much as called or cited for that end.

It is likewise contrary to the Honour and true Interest of Her Majesty and the Monarchy, to suppress the Estate of Peers, who have formerly been the great Supporters of the Monarchy.

And it is Dishonourable and Disgraceful to this Kingdom, that the Peers thereof shall only have Rank and Precedency next after the Peers of the like Order and Degree in England, without regard to their Antiquity, or the Dates of their Patents, as is stipulate by the following Articles of this Treaty.

In the next place, each Shire and Royal Burgh within this Kingdom have the Number of their Representatives determined by Acts of Parlia|ment, whose Number at present being 155, are by this Article of the Treaty, reduced to 45, and to be joyned to 513 Members in the House of Commons, where they can have no Influence, by reason of the vast Dis|proportion of their Numbers, besides, that the Barons and Burrows of this Nation, by this way of Uniting, are deprived of their inherent Right of being fully and individually represented in Parliament, both with relation to their legislative and judicative Capacities.

And they are not only highly prejudged in lessening their Representa|tion, but also degraded from being Members of the Parliaments of this Kingdom, where they sit as Judges in all Causes Civil and Criminal, to be joyned to the Commons of another Nation, who are accustomed to sup|plicate for Justice at the Bar of the House of Lords.

The Barons and Burgesses are also further prejudged in this; That whereas every Shire and Royal Burgh have their own Representatives, one Commissioner will hereafter represent several Shires or Burghs, who it cannot be supposed will understand the several Interests and Concerns of the said several Shires and Burghs whom he may represent.

And further, for the present Representatives of the Barons and Bur|gesses to offer, by any Vote or Deed of theirs, to incapacitate their Constituents, or deprive them of any part of their inherent Right, is what their Constituents may and do justly dissallow, they only having their Commissions with the ordinary Powers of making and amending Laws, and giving Supplys, but no ways to alter Fundamental Constitu|tions, or to take away or diminish their Representation, which is also a plain Forfeiture of their Constituents of their inherent Rights and undoubt|ed Privileges, and is contrary to the fundamental Laws of this Nation, which are the Birth-right of the People thereof.

From all which it is plain and evident, That this, from a Sovereign In|dependent Monarchy, shall dissolve its Constitution, and be at the dispo|sal of England, whose Constitution is not in the least to be altered by this Treaty, and where it is not to be supposed the Scots shall have any weight in the making of Laws, even tho' relative to their own Kingdom, by rea|son of the vast Disproportion and Disparity of the Representation afore|said.

And therefore I do also Protest, that no Vote may hinder or prejudge the Noblemen, Barons and Burgesses, as now represented in Parliament, to Retain, Bruik, Enjoy and Exerce all their Rights, Liberties and Privi|leges, as fully and freely as hitherto they have enjoyed them.

And since it evidently appears, not only from the many Protests of the Honourable and Worthy Members of this House, but also from the Multi|tudes of Addresses and Petitions, from the several Parts of this Kingdom, of the Barons, Free-holders, Heretors, Burgesses and Commons, and from the Commission of the General Assembly, that there is a general Dislike and Aversion from the Incorporating Union, as contained in these Articles; And that there is not one Address, from any part of the King|dom, in favours of this Union.

I do therefore further protest against concluding this and the following

Articles of this Treaty, until HerMajesty shall be fully informed of the In clinations of the People; That if HerMajesty think fit, She may call a new Parliament to have immediate Sentiments of the Union since the Articles have been made publick, where it's hoped they may fall on such Methods as may allay the Ferment of the Nation, satisfie the Minds of the People, and create a full Understanding betwixt the two Kingdoms, by an Union upon honourable, just and equal Terms, which may unite them in Affecti|on and Interest, the surest Foundation of Peace and Tranquility for both Kingdoms: And this my Protestation I desire may be received, and insert in the Minutes, and recorded in the Books of Parliament, as a Testimony of my Disassent, and the Disassent of such as adhere to me.

N^o M. x x.

And a Third Protest was given in by the Earl of Buchan, in these Terms.

FOrasmuch as, the changing of the Right of the Peers of this Realm, from a constant and hereditary Right, to one that is elective; and the debarring all or any of them from taking place, and voting in Par|liaments, Conventions, or publick Councils, is subversive of the Birth-right, and undoubted Privilege of the Peers, dishonourable to the whole Kingdom, and contrary to the fundamental Laws and Constitutions of it; as well as to all Justice and Equity: I do therefore Protest for my self, and in Name of all who shall adhere to this my Protestation, that the foresaid Right of the Peers of this Realm to Sit and Vote in all Parlia|ments, publick Councils and Conventions, do, after the intended Uni|on with England, and notwithstanding thereof, continue in full Force, and remain to them as their undoubted Right and Property, and that no Vote to be passed in this House, do prejudge all or any of them thereof, or debar them from retaining the same in all time coming.

N^o N. x x.

Another Protest was likewise given in by Walter Steuart Com|missioner for the Burgh of Linlithgow, in these Terms:

I Walter Steuart protest for my self, and in Name of all others who shall adhere to this my Protestation, That the Restriction of the Represen|tatives in Parliament for this Kingdom, as contained in the 22d. Ar|ticle of the Treaty of Union, is contrair to the Birth-right of the Peers, and Rights and Privileges of the Barons, Free-holders and Royal Burrows, and the fundamental Laws and Constitutions of this Nation: And if any Vote shall pass, approving the said Article, in the Terms that it stands, That any such Vote shall not prejudge the Birth-right of the

Peers, Rights and Privileges of the Barons, Free-holders and Royal-Burrows, competent to them by the Laws and Constitution of this King|dom, and takes Instruments upon this Protestation, and desires that it may be insert in the Records of Parliament.

N^o O x x.

The 27th. February 1706.

* 28.1 That all Laws and Statutes in either Kingdom so far as they are contrary to, or inconsistent with the Terms of these Articles, or any of them, shall from and after the Union cease and become void, and shall be so Declared to be by the respective Parliaments of the said Kingdoms.

The Question was put, whether this House shall a|gree with the Committee in this Resolution?

It was resolved in the Affirmative.

* 29.1 * 29.2 * 29.3 * 29.4 We Dissent to the Resolution of passing the last Article, be|cause there being no Enumeration of what Laws are to be re|pealed: It is conceived too great a Latitude of Constructi|on thereupon is left to the Judges.

• Roch—er.
• No—th and Gr—y.
• Guil—rd.
• Le—gh.

Dissentient to the 9th. Resolution.

Because we humbly conceive the Sum of 48000 l. to be charged on the Kingdom of Scotland, as the Quota of Scotland, for a Land-Tax, is not proportionable to the 4d. Aid granted by the Parliament of England: But if by Reason of the present Circumstances of that Kingdom, it might have been thought it was not able to bear a greater Proportion at this Time; yet we cannot but think it unequal to this Kingdom, that it should be agreed, that whenever the 4d. Aid shall be enacted by the Parlia|ment of Great-Britain, to beraised on Land in England, that the 48000 l. now raised on Scotland shall never be increased in time to come, tho' the Trade of that Kingdom should be extremely improved, and consequently the Value of their Land preportionably raised, which in all probability it must do, when this Union shall have taken effect.

N—th and Gr—y. How—d. Roch—r. G—ford. Le—h.

Dissentient to the 15th Resolution.

* 31.1 * 31.2 Because we humbly conceive nothing could have been more equal on this Head of the Treaty, than that neither of the Kingdoms should have been burdened with the Debts of the other contracted before the Union, and if that Proposal which we find once made in the Minutes of the Treaty had taken place, there would have been no occasion to have employed the Revenues of the Kingdom of Scotland towards the pay|ment of the Debts of England, those Revenues might have been strictly appropriated to the Debts of that Kingdom, and to any other uses within themselves as should have been jud|ged requisite, and there would have been then no need of an Equivalent of very near 400000 l. to be raised on England within this year, for the purchase of these Revenues in Scot|land, which however it may prove to be but a reasonable Bargain upon a strict Calculation, there does not seem to have been a necessity just now to have raised so great a Sum, when this Kingdom is already burdened with so vast ones for the necessary Charges of the War.

Roch—r, N—th and G—y L—h, G—ford.

Dissentient to the 22d. Resolution.

Because we humbly conceive in the first place, that the Number of 16 Peers of Scotland, is too great a Proportion to be added to the Peers of England, who very rarely consists of more than 100 attending Lords in any one Session of Parliament, and for that Reason we humbly apprehend such a Number of 16 may have a very great Sway in the Resolutions of this House, of which the Consequences cannot now be foreseen.

In the second place, we conceive the Lords of Scotland, who by virtue of this Treaty, are to sit in this House, being not qualified as the Peers of England are, must suffer a Di|minution of their Dignity to sit here on so different Founda|tions, their Right of Sitting here depending intirely on an Election, and that from time to time during the continuance of one Parliament only; And at the same time we are humbly of Opinion, that the Peers of England who sit here by Creation from the Crown, and have a Right of so doing in themselves, or their Heirs by that Creation for ever, may find it an Alteration in their Constitution, to have Lords added to their Number to Sit and Vote in all Matters brought before a Parliament, who have not the same Tenure of their Seats in Parliament as the Peers of England have.

N—h and Gr—y, Buck—am, Le—h, Roch—r, Guil—d.

Die Martis 4^o Martii.

Hodie 3^a vice lecta est Billa, Intituled, Act for an Union of the Two Kingdoms of England and Scotland.

Then a Rider was offered to be added to the Bill, which was read as follows, viz.

Provided always, that nothing in this Ratification contained, shall be construed to extend to an Approbation, or an Acknowlegment of the Truth of the Presbyterian way of Worship, or allowing the Religion of the Church of Scotland to be what it is stiled, the true Protestant Religion.

And it being proposed that the same be read a second Time, and the Debate thereupon. The Question was put, whether this Rider shall be read a second Time.

It was resolved in the Negative.

Dissentient.

Beau—t, Buck—am, N—h and G—y, Angl—y, Northam—n, Abing—n, Winch—ea, Noting—m, Geo. B—th and W—lls, Tha—t, Gra—lle, Sta—ll, Guern—y, Wey—th, Guil—d, L—h.

The Question was put, Whether this Bill shall pass? It was carried in the Affirmative.

Dissentient

Not—m, Angl—y, Tha—t, Winch—a, Northam|—n, Scars—le, Weym—h, Guer—y.

Because the Constitution of this Kingdom has been found so very Ex|cellent, and therefore justly applauded by all our Neighbours for so ma|ny Ages; So that we cannot conceive it prudent now to change it, and to venture at all those Alterations made by this Bill, some of them espe|cially being of such a Nature, that as the Inconveniency and Danger of them, (in our humble Opinion) is already but too obvious, so we think more Proper and Decent to avoid entering further into the particular Comprehensions we have from the passing this Law.

Beau—t, Buck—m, Sta—ll, Guil—d, Gran—e, Le—h.

N^o A 3.

To the Right Honourable the Convention of Royal Burrows the PETITION of the Merchants Owners of the Ships and Cargos now arrived at London and other Ports of England,

Humbly Sheweth,

THat where we under Subscribing, having upon the Faith of the Treaty of Union, sent from Scotland to England several Goods and Merchandize allowed to be imported to Scotland before Commenc|ment of the Union, and which were Entered and paid Her Majesties Duties, and for which before Transportation, we obtained Coasting Coc|quets (a Copy whereof as approven by the Attourney General at London, was transmitted to the Lords of Treasury here, and delivered by them to the Officers of Her Majesties Customs) upon which we had good ground to rest secure, yet to our great Surprize, we have Information, that not only our Ships and Goods are seized, but the Goods themselves made havock of and imbezzel'd (expresly contrair to the Articles of Uni|on) our Seamen Imprest, and our Ships thereby rendered useless, which Treatment is so unsupportable, that all these promised Advantages by the Union, are like to be so many Traps to insnare us, which in end must turn to our inevitable Ruine; For if our Effects be seized, and our Ships laid up, and taken from us by Violence, where shall we have any hopes left us for Trade.

These our Grievances we have thought fit to lay before your Honours the Representatives of the Royal Burrows in Convention assembled, that you in your Prudence may address Her Majesty in such Terms as the present Emergent of so much Import and Concern to the Nation doth re|quire.

May it therefore please your Honours seriously to consider of what we have above represented, and to lay our Case before Her Majesty.

N^o B 3.

A Copy of the Address of the Royal Burrows to Her MAJESTY.

To the Queens most Excellent Majesty;

WE your Majesties most Loyal and Dutiful Subjects, the General Convention of the Royal Burrows in this part of your Majesties U|nited Kingdom called Scotland, Do most humbly represent, That having received several grievous Complaints from the trading Merchants, how that they upon the Faith of the late Treaty of Union betwixt the

two Kingdoms, Ratified in both their Parliaments, have from several Ports of Scotland sent to London, and several Ports in England Goods and Merchandize allowed to be imported to Scotland, and actually there im|ported before the Union, for which they not only paid Your Majesties Du|ty; But being resolved upon the Faith of the said Treaty to send them to England, after due Deliberation, they by Warrant from England re|ceived Coast-Cocquets and other ordinary Documents from Your Majestys Commissioners of the Customs lately established, and did also to cut off all pretext, make faith before the Lords of Your Majesties Treasury and Exchequer, and other Judges, That the Goods were imported upon their own proper Account, and upon their own proper Risque.

Notwithstanding whereof, they have very surprising Accounts from their Correspondents in England, that the Commissioners of Your Maje|sties Customs there, have given Orders to seize their Ships and Goods, and that some of them are actually seized, and others both seized and imbezzelled, and that the best Conditions they can obtain from Your Maje|sties said Commissioners in England, are; That they should give Se|curity or Bail in some cases for Ship and Cargo, and in other Cases, for paying new and high Duties, at the Determination of the British Par|liament: All which being in our humble Apprehension nothing agree|able, but contrary to the Faith of the said Articles of Treaty, and a ma|nifest Disappointment of these Advantages and Encouragements that we still did, and do firmly promise our selves from Your Majesties Royal Justice and most gracious Government, and with all such visible Hard|ships as must be the Loss and even the Ruin of many honest Traders, who cannot bear their Ships and Goods to be thus incumbred by Bail and Law-suits, or double and high Duties, and withal subjected to the Delay and Hazard of uncertain Determination.

We cannot but in the greatest Submission whereof we are capable, and with a yet greater Confidence of Your Majesties Royal Justice and Good|ness, whereof we have had so great and innumerable Proofs, lay the Case before Your Majesty as it is, viz. That by the first Article of the Treaty of Union, the two Kingdoms are for ever united into one after the first of May last, which plainly after that day excludes the very Notion of Importation, or Importers betwixt them, and all former Restrictions and Penalties imposed thereupon: And by the Fourth Article, It is agreed that all the Subjects of the said united Kingdom shall from and after the Union, have full Freedom and Intercourse of Trade to and from any Port or Place within the said united Kingdom, and that there be a Communi|cation of all other Rights and Privileges which do or may belong to the Subjects of either Kingdom; By which it is plain, that we have the same Privilege to transport our Effects notwithstanding of former Restraints from one part of Britain to another, which Your Majesties Subjects of Berwick, Newcastle, Bristol, &c. do injoy in importing now to Scotland, without any Comptrol all such Goods both of English and Foreign Manu|facture and Growth, as were before the Union expresly prohibite by our Laws: And farther, by the 25 and last Article of the said Treaty, It is by Statute Enacted, that all Laws and Statutes in either Kingdom, so far as they are contrary to, and inconsistent with the Articles of the U|nion, shall from and after the Union cease and become void; Whereby it evidently appears, that the Prohibitions and Restrictions that might have been of Force on either side, while we were separate Kingdoms, are now made void and for ever to cease.

Being then founded upon such clear and evident Grounds, and yet much more upon the assuring Experiences that we have always had of

Your Majesties Justice, Equity, and unparallel'd Goodness: We do with all Submission and Humility, Beseech and Obtest Your Majesty, that You would be pleased to give such Orders to Your High Treasurer and Commissioners of Customs, and others in England, that the aforesaid hea|vy and vexatious Grievances may be remeded and removed, that so the Hearts and Interests of all Your good Subjects may be united to Your Ma|jesties Satisfaction and perpetual Glory.

N^o C. 3.

The CLAUSE proposed in the English Par|liament to prevent the French Goods being Imported thro' Scotland.

AND whereas, it is well known, That in divers Foreign Parts, great Quantities of Goods and Merchandizes have lately been Shipt, and are now Shipping, with Intention to be carried to Scotland, and to be Imported there, paying only the Low Duties in that Kingdom before the first day of May 1707. But with a manifest Design to have the same brought Coast-wise after the said first day of May, from that part of Great-Britain now called Scotland, to that part of Great-Britain now cal|led England, Wales, or the Town of Berwick upon Tweed, without pay|ing the high Duties which are now payable in England, and which after the said first of May will be also payable in the whole united Kingdom of Great-Britain for the like Goods imported there, which Practice, if it be not timely prevented, does apparently tend, not only to Her Majesties Damage in Her Revenue, but to the Ruine or Impoverishment of many fair Traders, who have Stocks of such Commodities in either of the said Kingdoms, by giving unreasonable Advantages to Foreigners. Be it therefore Enacted by the Authority aforesaid, that all Goods and Mer|chandize Imported, or to be Imported into Scotland between the first day of February to the said first of May 1707, from any Foreign parts beyond the Sea, and shall after the said first day of May be brought by Sea or Land into England, Wales, or the Town of Berwick upon Tweed, unless such Goods or Merchandizes were Shipt from any such Foreign parts as aforesaid, for the Sale, Account and Risque of some of Her Majesties Natural born Subjects of Scotland, and be afterwards brought from Scotland to England, Wales, or Town of Berwick upon Tweed, as aforesaid, upon the like Ac|count and Risque, and unless such respective Goods and Merchandize from the time they were shipped in Foreign parts, till the time they were brought into England, Wales, or Berwick by the Way of Scotland as a|foresaid, did wholly and bona fide belong to some of Her Majesties said Subjects of the Kingdom of Scotland, as the Owners thereof shall be charge|able with, there shall be paid or secured for the same, so much Money, as together with the Moneys which shall have been actually paid upon the Importation into Scotland, shall compleat all the Subsidies, Impositions and other Duties which are to be paid or secured for the like Goods of

Merchandize, in case they were Imported directly into England before the said first day of May.

And in case such Goods and Merchandize be so brought in and landed before such payment made, and Security given, (as the Case requires) the Goods so landed shall and may be seized, and the same and the Importers thereof be lyable to such Penalties and Forfeitures as by the Laws of En|gland are prescribed for landing the like Goods without paying or secur|ing Her Majesties Duties, or for defrauding Her Majesty thereof; and if any Doubt or Question shall arise, Whether the Goods and Merchandize so brought in, or any of them were brought from Foreign parts by the way of Scotland, for the Sale, Account and Risque of some of Her Majesties Sub|jects of that Kingdom, within such days and times as aforesaid, or were their Property in such manner as aforesaid, the Onus Probandi shall ly u|pon the Person or Persons, that shall claim the said Goods and Merchan|dize, and not upon the Seizer, Informer or Prosecutor.

N^o D 3.

The Humble ADDRESS of the Scots Merchants at London, to the Right Honourable the Lords Spiritual and Tem|poral Assembled in Parliament, against Passing the Bill, for laying Duties upon Goods which may be brought by Her Majesties Subjects, from Scotland to England af|ter the Commencement of the UNION.

BY the Articles of UNION most solemnly ratified in Scotland and En|gland, It is expresly declar'd, That from and after the first of May 1707, the two Kingdoms shall be United into one, called Great-Britain, and that all the Subjects of either Kingdom, shall have full Free|dom and Intercourse of Trade and Navigation, to and from any Port or Place within the said united Kingdom; and that there shall be a Communi|cation of all other Rights, Privileges and Advantages, which do or may belong to the Subjects of either Kingdom:

It is humbly conceived, that the Bill now before your Lordships, is direct|ly contrary to these Articles of Union; for nothing can be a greater hin|derance to the Freedom and Intercourse of Trade, than the laying such high Duties on Goods brought from Scotland to England, as are by this Bill in|tended to be impos'd on Her Majesty's English Subjects, and the Scots re|siding here, whereby they are deprived of their just Right of bringing Goods from Scotland to England by Transire Duty free, which is plainly granted to them by the fourth Article of Union, &c.

The Exception in this Bill pretended to be in favour of the Natives of Scotland residing there, destroys their Privileges also; because it only al|lows them to bring such Goods Duty free into England after the Union com|mences, as have been before that time laden beyond Seas, and imported into Scotland on their own Accounts, but not to bring any such as they have bought, or may buy at their own Markets, whereby this Retrospect Bill will stop the Circulation of Trade, and entail Ruin on all the Tra|ders

in Scotland, by confining such Quantities of Goods to that part of Great Britain as will exceed the Consumption thereof.

The Scots being also hinder'd by this Bill from bringing Duty free unto England, Goods Imported into Scotland before the first of May, where|of they have not been the sole Proprietors, from the time they were first Shipp'd off beyond Seas for Scotland, until brought into England; they will be prevented from bringing their own Parts of any Goods, wherein the English had any share at the time of Importation into Scotland.

And a particular Hardship to the Scots, the Bill imposes on them the unsupportable onus probandi, whereby they will be oblig'd to prove their sole Property from the time of buying the Goods beyond Seas, to their Arrival in England, in order whereto their Factors, Mariners, Coopers, Ware-house-keepers, Porters, and a great number of other Servants must be all produced together at the Exchequer Bar, and all maintain'd during their Voyages and Journeys, and Abode in London; so that the Evidence necessary on this occasion will cost at least 300 l. Sterling for each parcel of Goods, besides all the Delay and Vexation of a tedious Course of Law, and the severe Penalties in case they should, by one Neglect or Misfor|tune, fail in the least Particular of an absolute Proof.

This Bill will not answer the propos'd End of advancing Her Majesties Revenues, but seems to be founded on mistaken Notions of Trade, since after the Union commences, the Disadvantages, or Conveniencies to Great Britain will be equal, whether the Goods then in Scotland remain, and be consum'd in that, or any other part of the United Kingdom.

The Allowances granted in some Articles of the Union, whereby the Re|gulation of minute Circumstances is left to the Parliament of Great-Britain, seems to be an unanswerable Argument, that where no such Li|berty is given, even the Parliament of Great-Britain was not intended to have the Power of making any Alterations or Regulations; and as the last Article of the Union confirms the whole by repealing all Laws in either Kingdom, which are contrary to the Articles, This Bill, if it should pass into an act, and all other Laws being inconsistent with the Articles, of any of them, will, as it's humbly conceived, be void after the First of May.

This Bill differs little from the former sent up to your Lordships last Session, which your Lordships did not then think fit to pass.

Therefore it's hop'd that your Lordships will not pass this Bill, being, as is humbly conceiv'd, more injurious than the former, and which can only serve to advance Distinctions and Animosities between the Subjects of Scotland and England, and prevent that Union of Hearts, which Her Maiesty so graciously recommended from the Throne.

{inverted ⁂} Note, This Bill is unnecessary in reference to Foreigners, who can have no Benefit nor Share in the Communication of Trade and Privileges men|tioned in the 4th Article of Union, the same being thereby prudently re|stricted to the Subjects of both Kingdoms.

N^o E 3. OBSERVATIONS UPON THE Fourth Article of UNION.

I. EQuity and Reason places the Subjects of the same Kingdom on equal Foot, when they are Cemented together in Affection, Laws, Trade, and Interest, this will be the Case after the Union, when Agreements on each side are fulfilled; but when England and Scotland were separate, they who submitted, proposed the Terms, and Equiva|lents of an Union; and when these are granted, and agreed, should be honourably maintained, with the greatest Nicety, and favourable Inter|pretation to the Weakest. The Reputation of England abroad, is found|ed on the Stability of their Treaties, ss much as on the Strength of their Arms, Treasure, or Constitution.

With the same Strength of Reason and Equity, may the Scots desire that English-Men, since February last, should be subject to the Onus Probandi, for Goods in their Possession, imported by Foreigners, or for Account of Foreigners under Covert.

By the same Rule of Reason, that the English require an Augmentation of Duties on Goods imported into England, may the Scots desire that Goods in England should be Taxed with Scots Duties, and then both King|doms would be on equal Terms.

The Establishment of the Union, was a Communicatory Contract, a|greed and fixt, by Persons equal in Knowledge, and Freedom of Will; the Matter in Debate was Proposed, Argued, and Covenanted, afterwards Confirmed in the most Solemn and Authentick Manner, by the Parlia|ments of both Kingdoms, and cannot now legally, and in a decent or friendly Manner, be touched or amended in any oint, but by the Parli|ament of Great-Britain, who are the competent Judges of the Rights, Pri|vileges, and Conveniencies of the United Kingdoms, when the general Good, Safety and Interest of the whole, will, with it's natural Weight, sway the Ballance of Equity, when England will have no Reason to repine at any accidental Advantage, which Scotland may get by the Union, at it's Commencement, since it will not only enable, but encourage that Part of the United Kingdom, to undergo with Chearfulness their future Restrictions, and Taxes.

II. To the Second Reason the Answer is plainly obvious, that the Sixth, Seventh, Fifteenth, and Eighteenth Articles of the Union, were consented to by Scotland, in Consideration of an Equivalent, and the Sense of the Commissioners, on the Point of Customs, is more fully explained in the Fourteenth Article of Union, viz.

'That the Kingdom of Scotland shall not be charged with any Duties laid on by the Parliament of England, before the Union, except these consented to in this Treaty.

Certainly the Scots never expected, that in the Interval between the Ratification of the Articles, and the Commencement of the Union, the Parliament of England would have laid the Onus Probandi upon the

Subjects of Scotland, and for a time so far backward, nor that a greater Proof for the Property of Goods, should be required from the Subjects of Scotland, than what is stipulated for justifying their Interest in Shipping, by the Fifth Article of Union, by which they are free from all perplex|ing Tryals at the Exchequer Barr, and are treated therein as Friends, and Men of Probity, by referring the Proof of their Interest, to their proper Oath, to be taken in the Port next to the abode of the Owner; this shows that the Scots never would have consented to undergo the Onus probandi in England, for any Goods in their Possession, belonging to them, at or before the Union.

It was absolutely impossible to attain this Union, without a free Com|munication of Trade; and in Consequence, as absolutely Impossible to hinder the Scots from Trading; as Scots-men, in their own Kingdom, until the Union commences; or from trading afterwards, as Britains, when the Union takes place. To deny them the first Privilege, is to take a|way their Birth-right; and to debar them from the latter Advantage, would be a grievous Detriment, and a sensible Injury; because it touch|es their Property at present, and weakens their Hopes of Advantage in fu|ture by the Union: At least it will make them think their Title preca|rious and uncertain.

After the first of May 1707, when the Union is to commence, the Goods then brought from Scotland to England, and vice versa can't in any Sense be said to be either Exported or Imported; seeing, whether by Land or Water, they will only be carried from one place to another, within the same Kingdom: And therefore this Matter can no ways be comprehen|ded under the Sixth Article.

III. To the Third Reason, That the fair Traders of England will be great Sufferers, &c. It may be answer'd, That a certain sort of fair Tra|ders, commonly distinguish'd by the Character of well-meaning F—s, are greater Sufferers daily, by the cunning Contrivances of Stock-Jobbers, and other over-reaching Practices in Commerce, they would not censure a Man, who can take up Money at 4 per Cent. from private Persons, and at the same time can lend it to the Government at 8 per Cent. If by the fair Traders, be meant the Wine Merchants or Vintners, those who know their Method of Management, will admire how they have gain'd this Character: Allowing it, however, to them for once, in Complaisance, their Damage will be as soon forgot, as the Loss of a Ship is on the Exchange; and their Loss will be recompensed by a publick Advantage, which hap|pens but once, and will be of very short Continuance. The Nobility and Gentry of England may drink the Queens Health, and Prosperity to the Union, in a Glass of Claret, at 2 s. 6 d. per Quart; on which the best of the Nation saves 2 s. seeing the Vintner sells his mixt Liquor at 4 s. 6 d. The Scots Merchant or Importer from Scotland cannot gain nor save by his Sale, one fourth part of what the English Nation does; and the Pro|portion will hold the same, upon whatever Quantities of Goods are Im|ported from Scotland, if it were possible, to the value of a Million of Mo|ney. The Nation of England, in this Time of Jubilee, will be by far the greatest Gainer. If the sole Profit redounds wholly to the Scots Mer|chants, or to the Importers from Scotland, then the Price of Goods will be kept at their present Height, and the fair Traders of England cannot lose by the Stocks of Goods now on their Hands.

IV. That the Revenue of the Customs will be very much diminished, may be answered, That this is not a real loss, but accidental and ima|ginary: For without the Union and Freedom of Commerce, those Goods

would not have been imported; and I am perswaded, the Queen would rather lose the Value of the Goods imported, than suffer the Foundation of the Union to be undermined, or Her Subjects in Scotland to undergo Hardships, from which, in virtue of this Union, they may so reasonably expect an Exemption. And I believe, all Her Majesties Friends, and Well-wishers to Great-Britain, will cordially praise Her Sentiments, and readily concur in suspecting the Assertions of some Gentlemen, as to the Quantities of Goods expected from Scotland. These very Persons would not be afraid of finding Money, in a Days time, to purchase the whole at prime Cost, and to put themselves in place of the Scots: Then they would cry up the Union as sacred, as the firmest Foundation of our Con|stitution, and would severely censure the least Encroachment.

V. To the Fifth and most important Reason, The Promoters of the Bill are great Men in their way, but in Comparison with Great-Britain, like two Drops of Water to the Ocean; and in their greatest Splendour are only valuable so far, as they are useful to the Common Good; it's humbly conceiv'd, every prudent Man will conclude, it's better to let a few Men grumble, than to disgust a Kingdom, and the best of Queens, by endangering the Constitution of Great-Britain.

N^o F. 3.

COMMISSION and PROCLAMATION Naming Justices of Peace within Scotland.

ANNE by the Grace of GOD, Queen of Great-Britain, France and Ireland, Defender of the Faith, To Our Lyon King at Arms, and his Brethren Heraulds, Macers of Our Privy Council, Pursevants, Messengers at Arms, Our Sheriffs in that part, conjunctly and severally, specially Constitute, Greeting: Forasmuchas, The appointing of Justices of the Peace, in that part of Our Kingdom of Great-Britain called Scot|land, will contribute to the Peace, Quiet and good Government thereof, and to the speedy and impartial Execution of Law and Justice, to all persons subjected to their Power and Jurisdiction, Therefore, and for the furtherance of these ends, We with Advice of the Lords of Our Privy Council in Scotland, Do hereby Nominate, Constitute and Appoint the Persons after set-down, for the respective Shires and Burghs after-mentioned, to be Jus|tices of the Peace within the same, in manner and to the effect after exprest, GIVING, GRANTING and COMMITTING to the said Persons and their Quorum, Appointed by the Act of Parliament One Thousand Six Hundred & sixty One, within their respective Bounds, full Power, Warrant and Commission, To Exerce the Office and Offices of Justices of the Peace, and to Do, Use and Practise whatever to that Trust doth appertain by the Laws and Acts of Parliament of Scotland. And more especially, by the Thirty Eighth Act of the Parliament One thousand six Hundred and Sixty One Years, Intituled, Commission and Instructions to the Justices of the Peace and Constables. And which Instructions are here held as repeated. As also, to Do, Use and Exerce whatever doth appertain to the said Of|fice

and Trust by virtue of the Laws and Acts of Parliament made in England before the Union, more particularly so far as the same may con|cern the Office or Duty of Justices of the Peace in the respective Bounds, in all Matters relating to Our Customs and Excise, for the better Obser|vation of the Articles of the Union in all Points. As also, with full Power to the saids Justices of Peace and their Quorum foresaid, To appoint Constables conform to the said Act of Parliament One Thousand six Hundred and sixty One, within their respective Bounds, and accor|ding to the Tenor and Instructions set down therein for Constables in all Points. The saids Justices of the Peace and their Clerks respective, Tak|ing and Swearing the Oath of Alledgeance, and Subscribing the same, with the Assurance, as also taking the Oath de fideli administratione at their first Meeting, which is hereby Declared to be upon the second Day of September next to come, for all these besouth the Water of Tay, and upon the sixteenth Day of the said Month of September next for all these be|north the said Water of Tay; At the Head Burghs of the respective Shires and Stewartries above-mentioned. Likeas, They are hereby Ordained to Report their said Taking and Swearing the Oath of Alledgeance, and Subscribing the same, with the Assurance, to the Clerk of Our Privy Council in Scotland, within Ten Days thereafter. And it is hereby pro|vided, That this Our Commission granted to the saids Justices, and each of them within their respective Bounds as aforesaid, is only to endure during Our Pleasure, and until We shall Recall the same. Likeas, it is further Provided and Declared, that it shall be always Leisom to Us to add to the Number of Justices of Peace within the respective Bounds a|foresaid, by a Letter or Warrant under Our Royal Hand, such Persons as We shall from time to time think fit: Which Persons so to be added shall have the same Power and Authority as if their Names were expresly con|tained in this Our Commission and Proclamation. As likeways, Reser|ving to Us Our full Power to Remove or Suspend any of the saids Justi|ces of Peace from their saids Trusts and Imployments, by a Letter or Warrant under Our Royal Hand. And lastly, We with Advice foresaid, do hereby Declare all former Commssions to Justices of Peace preceeding the Date hereof to be void and null. Our Will is herefore, &c.

N^o E. 3.

COPY of Her Majesties Commission to the Justices of Peace of Edinburgh Shire, with the Powers and Instructions to the whole Justices in North-Britain.

ANNE by the Grace of GOD Queen of Great Britain, France and Ire|land, Defender of the Faith, &c, To Our Dearest Husband George Prince of Denmark, The most Reverend Father in Christ and Our Faithful Counsellor Thomas Archbishop of Canterburry, Primate of all England and Metropolitan thereof, Our Well beloved and Faithful Counsellor William Lord Couper Chancellor of Great Britain, &c. Know ye, That We have made and Assigned You conjunctly and severally, and each one of you Our Justices for preserving the Peace in Our Shire of Edinburgh, and to the keeping of the whole Acts, Laws and Statutes, for the good of Our Peo|ple

and Keeping thereof; And for the Quiet Rule and Government of Our People in all and sundry Articles thereof within your said Shire, as well within the Liberties as without the same. And for the Keeping and Making the same to be Keeped, according to the Strength, Form and Effect of the said Laws, and for the Chastising and Punishing Delinquents or Transgressors of the foresaid Customs, Laws and Statutes, or any of them within your said Shire; According and Conform to the Custom, Laws and Statutes made or to be made, and for making all those who do Menace or Threaten one another of Our People of their Bodies, or of Burning their Houses, find sufficient Security to the Peace; And that ye cause them come before You or any of You for that Effect; And if they shall refuse to find such Security, then you shall cause them be keeped safely in Our Prisons until they find the said Security. As also, We have given to you and each two or more of you, of whom any of you above-named, George Prince of Denmark, The Arch-Bishop of Canterbur|ry, Chancellor of Great-Britain, &c. We will to be one of our Justices for In|quiring conform to the Law & Custom of the Land, concerning all & what|somever Fellonies or Capital Crimes, Witchcrafts, Inchantments, magical Arts, Sorceries, Transgressions, Forestallings, Regratings, Ingrossings, and Extortions whatsomever, and all and every other Malefices and Offences, concer|ning which, the Justice of our Peace may lawfully Inquire into, or ought to Inquire into, by whomsoever or whatsomever Persons within the said Shire the same be acted or done, or which hereafter shall happen there to be done or attempted; As also concerning all those who within the said Shire, shall either go or ride Armed in Conventicles contrary to Our Peace, in Molestation of our People, or hereafter shall presume so to go or ride; as also, concerning all those who there ly in wait for Hurting, Demembrating, or Killing of Our Subjects, or who hereafter shall presume to ly in wait; as also, concerning all Inns and Publick Houses, and all and sundry other Persons, who have transgressed in abusing of Weights and Measures, or in Sale of Victuals contrary to the Form, Laws and Statutes, or any of them made for the common Good of Our People, or concerning them who have attempted to Transgress, or hereafter shall presume to Transgress and Attempt the same; And sicklike concerning whomsoever Sheriffs, Baillies, Stewarts, Constables, Keepers of Goals, and other Officers, who unduely behaved themselves in the Execution of their Offices concerning the Premisses, or any part thereof; Or who shall hereafter presume to behave themselves unduely, or who have been Mean, Remiss or Negligent, or for hereafter shall Happen to be so with|in your said Shire. And concerning all and sundry Articles and Circum|stances, and other Things whatsoever, done or perpetrate by whomso|ever or whatsoever Persons in your said County, or which shall happen to be done or attempted for hereafter, concerning the full Truth, of whatsoever sort of the Premisses, or any of them; And to look into what|somever Indictments or Libels made, or to be made before you, or any of you, or made and taken before the late Justices of Our Peace within the said Shire, and not yet determined: As also to Processes thereupon concerning all and sundry such Indictments and Accusations, or by mak|ing and compelling them who shall happen hereafter to be Indicted or ac|cused before you, until they be taken, and deliver themselves, or be Outlawed or Denunced Rebels, and to hear and determine all and sundry Fellonies, Capital Crimes, Witch-craft, Inchantments, Magical Arts, Sorceries, Transgressions, Forestallings, Regratings, Ingrossings, Extor|tions, Conventicles, Indictments; And moreover, all and sundry others the Premisses conform to the Laws and Statutes of the Kingdom, as the same used to be in the like Cases; And for chastizing and punishing the same Delinquents, and each of them in their own Crimes by Fines, Re|demptions,

Amerciaments, and Out-laws, or any otherwise accustomed to be, or ought to be conform to the Law, and Consuetude of the Land, or the Form, Law and Statute of the same. Providing always, that if any Difficulty shall happen to arise at Determining of any of the Premis|ses, before you or any Two, or more of you, Then you shall not proceed in it to give Judgment, except in the presence of one of Our Lords of Justiciary, or one of Our Justiciary holding the Circuit Courts assigned in your said County; And therefore, We charge you, and every one of you, that you diligently attend concerning the Keeping the Peace, Laws and Statutes, and whole other Premisses, And that you, or any two of you or more, appoint for that end, certain Times and Places, and diligently make Enquiry in the Premisses, and hear and determine all and sundry the Premisses, and make and cause these Things to end, and be fulfilled according to the foresaid Form made thereanent, which pertains to the Justices of Peace, conform to the Law and Consuetude of the Land. Re|serving to Us the Amerciaments and others arising to Us therefrom, WE BE THE TENOR HEREOF, charge you, Our Sheriffs of Edinburgh; That at such certain Days and Places as two or more of the said Justices shall acquaint you of, you cause so many and such honest and lawful Men of your Shire, as well within the Liberties, as without the same come before you, the said Justices, or any two or more of them, as said is, by whom the Verity of the Matter in the Premisses may be the better known and determined; And We also charge our Custos Rotulorum, or Keeper of the Rolls of our Peace within the said Shire, that he cause short Pre|cepts or Minutes of Processes or Indictments come before you at the said Days and Places, that they may be Enquired into, and duely Ended and Determined, as said is. In Testimony whereof, We have made thir Presents patent,

Witness my Self at Westminster, the 13 of May, and of Our Reign the 7 Year.

Sic Subscribitur WRIGHT

N^o H. 3.

Anno Sexto ANNAE REGINAE.

An Act for rendring the Union of the two Kingdoms more Intire and Complete.

WHereas by Her Majesties great Wisdom and Goodness, the Union of the Two Kingdoms hath been happily Effected, and the whole Island is thereby subject to one Sovereignty, and Represented by one Parliament; To the end therefore that the said Union may be ren|dred more Complete and Intire, Be it Enacted by the Queens most Ex|cellent Majesty, by and with the Advice and Consent of the Lords Spi|ritual

and Temporal, and Commons in this present Parliament Assem|bled, and by the Authority of the same, That from and after the first Day of May, in the Year of Our Lord, One thousand seven hundred and eight, the Queens Majesty, Her Heirs and Successors, shall have but one Privy Council in or for the Kingdom of Great-Britain, to be Sworn to Her Majesty, Her Heirs and Successors, as Sovereigns of Great-Britain, and such Privy Council shall have the same Powers and Authorities as the Privy Council of England lawfully Had, Used and Exercised at the time of the Union, and none other.

And to the end the Publick Peace may be in like manner Preserved throughout the whole Kingdom, Be it further Enacted by the Authority aforesaid, That in every Shire and Stewartry within that part of Great-Britain called Scotland, and also in such Cities, Boroughs, Liberties and Precincts within Scotland, as Her Majesty, Her Heirs or Successors, shall think fit, there shall be appointed by Her Majesty, Her Heirs or Succes|sors, under the Great-Seal of Great-Britain, a sufficient Number of Good and Lawful Men to be Justices of the Peace within their respective Shires, Stewartries, Cities, Boroughs, Liberties or Precincts, which Persons so appointed, over and above the several Powers and Authorities vested in Justices of the Peace by the Laws of Scotland, shall be further Autho|rized to Do, Use and Exercise over all Persons within their several Bounds, whatever doth appertain to the Office and Trust of a Justice of Peace, by Virtue of the Laws and Acts of Parliament made in England before the Union, in relation to or for the Preservation of the publick Peace, Pro|vided nevertheless, that in the Sessions of the Peace the Methods of Try|al and Judgments shall be according to the Laws and Customs of Scot|land.

Provided, That nothing in this Act contained shall be construed to al|ter or infringe any Rights, Liberties or Privileges heretofore granted to the City of Edinburgh, or to any other Royal Borough, of being Justices of the Peace within their respective Bounds.

And whereas by an Act made in Scotland in the Third Session of the Se|cond Parliament of the late King Charles the Second, Intituled, An Act concerning the Regulation of the Judicatures, several Good and wholsom Pro|visions were made concerning the Justice-Court, and amongst others it was thereby Enacted, That once a Year Circuit-Courts should be kept at the Time and Places in the said Act mentioned: Now for the better and speedier Administration of Justice, and further Preservation of the Pub|lick Peace in that Part of the Kingdom of Great-Britain called Scotland, Be it also Enacted by the Authority aforesaid, That for the future Twice in the Year, that is to say, In the Months of April or May, and in the Month of October, Circuit-Courts shall be kept in the several Places in the said Act mentioned, and in Manner and Form as in the said Act contained.

And for the more Uniform and Express Method of Electing and Re|turning Members of Parliament, Be it likewise further Enacted by the Authority aforesaid, That when any Parliament shall at any time here|after be Summoned or Called, the Fourty Five Representatives of Scot|land in the House of Commons of the Parliament of Great-Britain, shall be Elected and Chosen by Authority of the Queens Writs under the Great-Seal of Great-Britain, directed to the several Sheriffs and Stewarts of the respective Shires and Stewartries; and the said several Sheriffs and Stew|arts shall, on Receipt of such Writs, forthwith give Notice of the time of Election for the Knights or Commissioners for their respective Shires or Stewartries, and at such time of Election the several Free-holders in the respective Shires and Stewartries shall Meet and Convene at the Head-Burghs of their several Shires and Stewartries, and proceed to the Elec|tion

of their respective Commissioners or Knights for the Shire or Stewart|ry; and the Clerks of the said Meetings, immediately after the said E|lections are over, shall respectively return the Names of the Persons E|lected to the Sheriff or Stewart of the Shire or Stewarty, who shall An|nex it to his Writ, and Return it with the same into the Court out of which the Writ Issued: And as to the manner of Election of the Fifteen Representatives of the Royal Boroughs, the Sheriff of the Shire of Edin|burgh shall, on the Receipt of the Writ directed to him, forthwith direct his Precept to the Lord Provost of Edinburgh, to cause a Burgess to be E|lected for that City; and on Receipt of such Precept, the City of Edin|burgh shall Elect their Member, and their Common Clerk shall certifie his Name to the Sheriff of Edinburgh, who shall Annex it to his Writ, and Return it with the same into the Court from whence the Writ Issued: And as to the other Royal Burghs, divided into Fourteen Classes or Di|stricts, the Sheriffs or Stewarts of the several Shires and Stewartries, shall on the Receipt of their several Writs, forthwith direct their several Pre|cepts to every Royal Borough within their respective Shires or Stewar|tries, reciting therein the Contents of the Writ, and the Date thereof, and Commanding them forthwith to Elect each of them a Commissioner as they used formerly to Elect Commissioners to the Parliament of Scot|land, and to Order the said respective Commissioners to Meet at the pre|siding Borough of their respective District (naming the said presiding Bo|rough) upon the thirtieth Day after the Day of the Teste of the Writ, unless it be upon the LORDS-Day, commonly called Sunday, and then the next Day after, and then to Choose their Burgess for the Parliament: and the common Clerk of the then presiding Borough shall immediately after the Election, Return the Name of the Person so elected to the She|riff or Stewart of the Shire or Stewartry wherein such presiding Borough is, who shall Annex it to his Writ, and Return it with the same into the Court from whence the Writ issued: And in case a Vacancy shall hap|pen in time of Parliament, by the Decease or legal Incapacity of any Member, a new Member shall be Elected in his Room, conformable to the Method herein before appointed; and in case such Vacancy be of a Representative for any one of the said Fourteen Classes, or Districts of the said Royal Boroughs, that Borough which presided at the Election of the Deceased or Disabled Member, shall be the presiding Borough at such new Election.

Provided always, That upon the Issuing of Writs of Summons for the Electing of a Parliament, if any Shire or Stewartry wherein a Royal Borough is, hath not then a Turn, or Right to Elect a Commissioner, or Knight of the Shire or Stewartry for that Parliament, That then it shall be Omitted out of the Writ directed to such Sheriff or Stewart, to cause a Knight, or Commissioner for that Shire or Stewartry to be Elected for that Parliament.

N^o I 3.

A PROCLAMATION. Concerning English Coyn.

ANNE by the Grace of GOD, Queen of Great-Britain, France and Ireland, Defender of the Faith, To Our Lyon King at Arms, and his Brethren Heraulds, Macers of Our Privy Council, Messengers at Arms, Our Sheriffs in that part, Conjunctly and Severally, specially Constitute, Greeting: Forasmuchas by the Sixteenth Article of the Treaty of Union betwixt the two Kingdoms, it is provided, That from and af|ter the Union, the Coyn shall be of the same Standart and Value through|out the united Kingdom as now in England; And &c. A Declaration of the Parliaments Approbation, and in what Terms following: That therefore We with Advice of Our Privy Council, have Appointed, and hereby Ap|point the Places and Persons entrusted, and the Day and Time ordered by the said Remit of Parliament, to be as follows, viz. The Towns of E|dinburgh, Glasgow and Aberdeen, to be the Places for Telling in of the said Money, and that at the Town of Edinburgh there be three Tables and distinct Offices for receiving in of the Money, one in the Inner-house where the Lords of Session are in use to meet, another in the laigh Coun|cil-house where the Magistrates of Edinburgh were in use to meet, and the Third in the New Room for the Meeting of the Burrows on the Low Ex|change, and that each of the saids Tables be attended with a sufficient Number of Tellers, and Clerks for writing Certificates, to be appointed by the Magistrates of Edinburgh; And further, That at each Office or Table, there be present one of the Lords of Our privy Council, and one of the saids Magistrates: As also, That one of the saids Lords, and one of the saids Magistrates, with a sufficient Number of Tellers, and an Clerk go to the Bank-Office for telling the English Silver-money in the Bank. As likeways, that at Glasgow and Aberden there be competent Tellers kept at the respective Council-Houses of the saids Burghs, Atten|ded by sufficient Numbers of Tellers and Clerks; and that the Magistrates of the saids Burghs respectively, at least Three of them be present at the Receiving and Telling in of the said Money, and that the day for Telling the said Money be the seventeenth Day of April next to come; And that the Attendance begin at the respective places above-mentioned at Six in the Morning, and continue till Twelve a clock, and to begin again at Two in the Afternoon, and to continue till Six in the Evening the said Day, at which times and places, all Persons within this Kingdom having Money of the Silver-Coyn of England, are required to present and offer their said Money to be told, that they may receive Certificates in man|ner above, and after-mentioned, and the Persons entrusted respectively as above, are hereby required to receive from all Persons what English Money they have to present and Tell down in their presence, which be|ing so Exhibite and Told down, the saids Persons intrusted are to Seal the same up in Bags, and detain it till the said six a Clock of the same Day;

and immediately to deliver back to the Owner, with a Certificate signed by the Persons above-mentioned respective, viz. At Edinburgh by the Lords of Privy Council and Magistrates attending at each Office and Table, and at the Bank-Office, and at Glasgow and Aberdeen by the Ma|gistrates oft he said Burghs, or Three of them respectively before two Wit|nesses, bearing the Sum Exhibite and Told down, with the Sum ordained to be payed out by the Party to the Teller, effeirand to Twenty Pence u|pon each Hundred pounds Sterling; And the foresaids Persons respective above-named, are hereby Ordained to write down an exact Account of the respective Certificates to be granted by them, and of the Persons Names to whom, and of the Sums that shall be therein-contained: And the saids persons named and Intrusted in manner foresaid, are hereby Required and Ordained to subscribe the said general Accompt before Witnesses, u|pon the same day above-mentioned; and to transmit the same to the Clerks of OUr Privy Council without delay, under the Penalty of Five Hundred Merks. And We, with Advice foresaid, hereby expresly Dis|charge the receiving in any English Money upon any other Day after the foresaid precise Day appointed as said is, or altering any Certificates for|merly granted under the pain of Falshood and Forgery. As likewise, We with Advice foresaid, Discharge the English Money to pass at any higher Rate than the Rate of England, at Five Shillings sterling per Crown, and so proportionally, and that it shall be no otherways current, nor offered or received in Payments after the said Day. And furder, We Declare the saids Certificates to be granted by the saids respective Persons intrust|ed as said is, are to be a sufficient Title for recovering the Loss arising from the Sums therein-contained, and what was paid to the Teller out of the Equivalent: And we with Advice foresaid, Ordain the Commis|sioners of the Equivalent to pay out the same to the Bearer of the Certifi|cates without Delay, Loss or Defalcation, and that how soon the saids Commissioners shall have received the Sum of the Equivalent, out of which the said Loss is to be Repaired, Declaring that the Loss to be made upon the said English Money is only for the Species of Silver-Coyn. OUR WILL IS HEREFORE, &c.

N^o K 3.

PROCLAMATION Calling in the Scots Crowns Old and New, the Fourty, Twenty, and Ten Shilling Pieces to be Re-coined.

ANNE by the Grace of GOD, Queen of Great-Britain, France and Ireland, Defender of the Faith, To Our Lyon King at Arms, and his Brethren Heraulds, Macers of Our Privy Council, Pursevants, Messengers at Arms, Our Sheriffs in that part, Conjunctly and several|ly, specially Constitute, Greeting; Forasmuchas, We by Our former Proclamation of the Date the Nineteenth Day of September last, In pro|secution

of the Fifteenth Article of the Treaty of Union betwixt the two Kingdoms, for reducing the Coin of Scotland, to the Standart and Value of the Coin of England, and of the Remit made by the late Parliament of Scotland to Our Privy Council for that Effect, Did, upon the Grounds therein narrated, give full and distinct Orders to all Our Liedges, Own|ers and Possessors of any Species of Foreign Coin then current in Scotland, for bringing in the same in order to be Re-coined and reduced to the Stan|dart of England; And thereupon did farder Ordain and Declare, That after the sixth day of October then next and now past, all the foresaids Foreign Species of Money should be no more current, but only held and repute as Bullion in manner mentioned in the said Proclamation; And that after the fifteenth day of the said Month of October, it should only be received at the Mint as Bullion to be Re-coined without any Conside|ration of Loss, and with the benefit of a free Coynage allannerly, with the Exception contained in favours of the Bank in manner mentioned in the said Proclamation. And it being farder Resolved by Our Privy Coun|cil in Scotland, after the calling in of the foresaid Foreign Species of Mo|ney, to be Re-comed in the first place, That then the present Scots Coin now current in Scotland, should also be called in, in order to the said Re|duction, as Our Privy Council should think fit. And there being suffici|ent provision now made to prevent the want, and maintain the Curren|cy of Money and Species; Therefore We, in pursuance of the said Re|solve, with Advice of Our Privy Council, have thought fit to Intimat, and do hereby solemnly Intimat to all Our Liedges, Owners and Posses|sors of the several Species of Our Scots Coin following. viz. Scots Crowns Old and New, Fourty shilling, Twenty shilling, and Ten shilling Pieces, That they may at their pleasure, bring in and offer the same to the Bank in Edinburgh, who will be ready to receive the saids Scots Species upon e|very ordinar Day of the Week, (Saturday excepted) betwixt Eight and Twelve in the Forenoon, and Two and Six in the Afternoon; And for which they are immediately upon the Receipt to Issue and give out their Notes, or make payment in other current Money to the said Owners and Possessors, in the Option of the Demander, and that betwixt and the Tenth Day of February next to come inclusive; Reserving always to such as shall not be willing to Lodge their Money in the Bank, Liberty and Privilege of giving it in to the Mint, for Re-coinage in due course as said is; And farder, We with Advice foresaid, Do hereby Ordain and De|clare, That after the said Tenth Day of February next to come inclusive, All the foresaid Species of Scots Money, viz. Crowns Old and New, Fourty shilling, Twenty shilling, and Ten shilling Pieces, shall be no more Current nor offered, nor receivable in any payments; But shall, from and after the said Day, be only held and repute as Bullion to be disposed upon by the Owners, within the Kingdom as they shall think fit, except as to the Bank of Scotland at Edinburgh, by whom the same shall be re|ceived at the full Value, until the Twenty Fifth Day of the said Month of February next Inclusive, and no longer in manner above-mentioned; Declaring farder, That the foresaids Scots Species, hereby Discharged and turned to Bullion, as said is, shall, from and after the said Twenty fifth Day of February Inclusive, be only received at the Mint, by whomsoever presented, either by the Bank, or any other of Our Liedges as Bullion, to be Re-coined according to the said Standart and Value of the Coin of England; but without any Consideration of Loss, which they may there|by sustain, and with the Benefit of a free Coinage allannerly, as was for|merly in use: Excepting always herefrom, all the saids Scots Species,

that shall be given in to, and found in the Bank, before and upon the said Twenty Fifth Day of February, according to an Accompt thereof to be taken by Order of Our Privy Council for certifying the same, to the effect, that when given in by the Bank at any time thereafter to the Mint for Re-coinage; The Bank and the Directors thereof, may have their Loss and Allowance thereupon made good to them as given in before the said Day. OUR WILL IS HEREFORE, &c.

N^o 1.

KING Edward likewise to perfect the Marriage between his Son Prince Edward and Margaret Queen of Scots, with the general Approbati|on of the Keepers, Nobles and Natives of that Realm, Granted and Ratified to the Nobles and People of Scotland these ensuing Articles, agreed on by special Commissioners sent on both sides, and approved by him, by Letters under his Great-Seal, which he took an Oath to observe, under the Penalty of Forfeitng 100000 lib. to the Church of Rome, to|wards the Holy Wars, and subjecting himself to the Popes Excommunica|tion, and his Kingdom to an Interdict in case of Violation or Nonperfor|mance, as the following Patent (enrolled both in Latine and French) attests.

Universis ad quorum notitiam praesentes Literae pervenerint, Edwardus Dei Gratia Rex Angliae, &c. salutem in Domino, Cum nos nuper ad par|tes Scotiae destinassemus venerabiles Patres in Christo Antonium Dunelmen|sem & Radulphum Carliolensem eadem gratia Episcopos, & Nobiles Vi|ros Jobannem Garennae & Henricum Lincoln Comites, Willielmum de Vescy Militem, & Magistrum Henricum de Newark, Decanum Ecclesiae Ebor. nostros solempnes Nuncios & Procuratores qui nostro Nomine aliqua an|nuissent & concessissent Custodibus, Episcopis, Abbatibus, Comitibus, Baronibus, ac toti Communitati ejusdem Regni Scotiae; si per eos sic con|cessa nobis & nostro consilio placuissent; ac praedicti Nobiles ac tota Communitas Regni Scotiae praedicti ob hoc & alia negotia misissent ad nos venerabilem Patrem Robertum Dei Gratia Glasguensem Episcopum, & Nobilem Virum Dominum Johannem Comyn Custodes Regni Scotiae, ac venerabilem Patrem Alanum eadem Gratia Cathanensem Episcopum suos solempnes Nuncios & Procuratores: Nos super praedictis per nostros Nun|cios concessis informati & consulti, considerantes etiam, & ponderantes amorem & affectionem quam Gens praedicti Regni Scotiae habet ad nos, & filium nostrum & haeredem Edwardum, concessionem, & factum praedic|torum Nunciorum nostrorum ratum babemus & firmum, prout de verbo ad verbum est infra scriptum de tali tenore. Universis ad quos praesentes li|terae pervenerint, Antonius Dunelmensis, & Radulphus Carliolensis Dei gratia Episcopi, Johannes de Garenna, & Henricus de Lincoln, Comites Williel|mus de Vescy miles & Henricus de Newark Decanus Ecclesiae Ebor. Pro|curatores speciales & Nuncii solempnes Magnifici Principis Domini Ed|wardi Dei Gratia Regis Angliae illustris, salutem. Cum inter caetera quae contingunt negotium & tractatum habitum inter excellentissimum Do|minum nostrum supradictum ex parte una; & venerabiles Patres Cu|stodes

& caeteros Episcopos, Abbates, et totum Clerum, nobiles viros, Comites & Barones, totam{que} Communitatem Regni Scotiae, ex altera, su|per Matrimonio contrahendo inter Dominum Edwardum, Filium & Hae|redem praedicti Domini nostri Regis, & Dominam Margaretam natam egregii Principis Domini Erici Regis Norwagiae ejusdem Regni Scotiae, Haereditariam & Reginam; a nobis esset petitum ex parte eorundem Cu|stodum, Praelatorum, Nobilium, & Communitatis ipsius Regni Scotiae, quod pro Domino nostro praedicto & haeredibus suis, eis concederemus & firma|remus, Jura, Leges, Libertates & Consuetudines dicti Regni Scotiae, tam Ecclesiasticas quam Seculares, hactenus usitatas & optentas: Nos habita consideratione diligenti ad pacem & tranquilitatem utrius{que} Regni, & mutuam dilectionem habitantium in eisdem, cunctis temporibus remansu|ram, concedimus nomine & vice Domini nostri praedicti & haeredum suo|rum, quod Jura, Leges, Libertates & Consuetudines ejusdem Regni Sco|tiae, in omnibus & per omnia, per totum ipsum Regnum & ejus Marchiam, integrae & inviolabiliter perpetuis temporibus observentur: Salvo jure dicti Domini nostri, & alterius cujuslibet, quod sibi vel alii cuicun{que} super his quae consistunt in Marchia vel alibi ante praesentis concessionis tem|pora, competit, vel competere justo modo poterit in futurum. Volen|tes & concedentes expresse nomine dicti Domini nostri, haeredum suorum & nostro, quod deficientibus praedictis Edwardo & Margaretae, vel eorum altero absque liberis extantibus, in omni casu & eventu, in quo ad proxi|miores haeredes, regnum praedictum debeat de jure reverti, integre, libere, absolute, abs{que} ulla subjectione revertatur & restituatur eisdem; si forsan ad manus antedicti Domini nostri Regis vel haeredum suorum, ipsum Re|gnum Scotiae aliquo casu contingerit devenire. Ita quod ratione praesen|tis facti Domino nostro, Regi vel haeredibus suis, aut alicui alii nichil ac|crescat aliquatenus vel decrescat. Similis vero fiat restitutio, per prae|dictum Dominum nostrum Regem vel haeredes suos, de Corpore praedictae Dominae Margaretae, si in eventu reversionis hujusmodi, in ipsius vel hae|redum suorum fuerit potestate, secundum formam ordinationis & con|ventionis factae super hoc apud Sarum. Concedimus insuper & promitti|mus bona fide, Domini nostri praedicti nomine & haeredum suorum, quod quando praedicta Margareta, Domina & Regina Scotiae maritabitur charis|simo nato & haeredi ejusdem Domini nostri Edwardo, dotabitur vel ha|bebit in dotationem propter Nuptias, de caeteris terris in Regno Angliae, prout decet congrue statum suum, unde ipsa Regina & amici sui conten|ti rationabiliter esse poterunt & debebant Promittentes nihilominus vice & nomine praedicti Domini nostri Regis & haeredum suorum, quod Regnum Scotiae remaneat separatum & divisum & liberum in se, sine subjectione a Regno Angliae per suas rectas, divisas & Marchias, sicut a retro hactenus exti|tit observatum. Salvo jure dicti Domini nostri & alterius cujuslibet, quod sibi vel alii cuicun{que} super his, quae consistunt in Marchia vel alibi, ante praesentis concessionis tempora competiit, vel competere justo modo po|terit in futurum. Set quod Castra & Fortalicia, de novo in Marchia non firmentur, non sumus in hoc consulti, quod dicto Domino nostro Regi & suis, talem imponeremus servitutem, ubi antecessores & homines sui usi sunt hactenus sirmare Castra, fortalicia, & Domos in terris suis, sicut fecerunt sui Progenitores, quia alias majori subjicerentur servituti, quam illi de Regno Scotiae vel aliqui antecessorum suorum. Ad haec, expresse concedimus pro eodem Domino nostro & Haeredibus suis, quod Capitula Ecclesiarum Cathedralium, Collegiatarum & Conventualium, quae pro|prias habent Electiones, non compellantur exire Regnum ipsum Scotiae; ad petendum licentiam eligendi, vel praesentandi suos Electos, vel fide|litatem Regi Scotiae facere seu Sacramentum. Et quod nullus tenens in

Capite de praedicto Rege Scotiae compellatur exire Regnum pro homagio, fidelitate seu fine, pro relevio faciendo. Illud idem viduis & misera|bilibus personis in petendis & habendis dotibus & quaerenda Justitia concedentes. Set in Regno ipso, aliquis ex parte dicti Domini nostri, Regis, nomine Dominae Margaretae ipsius Regni Reginae, & Domini Ed|wardi filii & haeredis Domini nostri praedicti deputetur, ad jam dicta re|pienda & eorum nomine facienda: Salvo homagio quod in personali Regis praesentia fieri oportebit, set fidelitate facta, habeat Seisinam terrae suae sine dilatione per breve de capella. 'Nec quod aliquis de Regno Sco|tiae, pro contractu inito, vel delicto commisso in eodem Regno, vel in a|liquo casu teneatur, respondere extra idem Regnum, contra Leges & Consuetudines ejusdem Regni, sicut hactenus extitit rationabiliter ob|servatum. Et quod Sigillum Regni, quod nunc currit, post mortem Re|gis teneatur & currat, quous{que} Regina praedicta venerit in Regnum su|um, & fecerit Deo & Ecclesiae, ac Communitati ipsius Regni, in loco ad hoc specialiter deputato, quod fuerit faciendum, secundum Leges & con|suetudines dicti Regni, & quod tunc stat novum Sigillum de consuetis Ar|mis & Circumscriptione nomine Reg. Scotiae tantum, penes Cancellarium ejusdem Regni, qui pro tempore fuerit, remansurum. Volentes quod ha|beant Cancellarium de Regno, & in Regno Scotiae residentem ad Offici|um Cancellar. exequendum. Et idem concedimus de Camerario, Clerico de Rotulis Capellae Domini Regis, Justiciariis, & aliis ejusdem Regni Ministris; & quod nulla litera jus commune, vel gratiam continens spe|cialem, de dicta Cancellaria transeat, nisi secundum solitum & debitum cursum, Capellae Regis & Regni Scotiae praedictorum. Reliqua vero Car|tae, privilegia & alia munimenta, quae tangunt Regalem dignitatem & Regnum Scotiae, in tuto loco ponantur sub firma Custodia infra Regnum Scotiae & sub Sigillis majorum de Regno, & per visum eorum, donec prae|dicta Domina venerit in Regnum suum, & prolem habuerit superstitem, & praedicta munimenta ac privilegia in suis juribus integraliter cu|stodiantur. Et similiter, quod nulla fiat subjectio, alienatio, vel obliga|tio rerum ad Regalem dignitatem regni Scotiae pertinentium, donec prae|dicta Domina & Regina in Regnum suum venerit, & Prolem superstitem habuerit, ut superius est expressum: promittentes firmiter & conceden|tes, quod nati & haeredes, Comitum, Baronum & Nobilium, qui pro tem|pore erunt in Custodia & Maritagio Domini Regis Scotiae, post mortem antecessorum suorum, per praedictum Regem nullatenus disperagentur. Nec quod Parliamentum teneatur extra Regnum & Marchiam Scotiae, su|per his quae contingunt ipsum Regnum, vel Marchiam, seu statum in|habitantium ipsum Regnum, Nec etiam tallagia, auxilia, ex|ercitus vel malatanta, exigantur a praedicto Regno, aut imponantur gen|tibus ejusdem Regni, nisi pro communibus Regni negotiis expediend, & in casibus in quibus Reges Scotiae talia petere consueverunt. Ad quae omni|a supradicta integre & fideliter observanda, praedictus Dominus noster Rex faciet in animam suam jurari. Et Praelati ac Magnates Angliae infrascripti, videlicet Cantuaer. & Ebor. Archiepiscopi, ac Winton. Lincoln. Dunelm. & Carliol. Episcopi, necnon Nobiles viri Domini, Edmundus, Domini nostri Regis Germanus, & Cornub. Pembrock. Gloverniae, Warennae, Lincoln, Norff. & Suff, & Oxon. Comites, fideliter procurabunt praemissa firmiter observari. Et si Rex egerit extra Regnum, quod locum suum tenens, vel tenentes in ejus absentia, vel Haeres ipsius Domini Regis legitimae aetatis existens, aut ejusdem haeredis Custos seu Custodes, dum fuerit minoris aetatis, qui|libet in suo Casu praestabunt seu prestabit consimile Sacramentum. Pro|mittumus etiam, quod praedictus Dominus noster Rex, pro se & haeredibus suis obligabit se ad restitutionem dicti Regni faciendam in casibus suprae

dictis, sub poena centum Millium Librarum sterlingarum, solvendarum Ecclesiae Romanae in subsidium terrae sanctae. Et praeter haec quod Domi|nus Papa dictum Dominum nostrum Regem & haeredes suos poisit per sen|tentias excommunicationis in personas, & interdicti in Regnum & ser|ras eorundem, tam ad Regni praedicti restitutionem, quam ad poenae solutio' nem, si commissa fuerit, cohercere; principali obligatione nihilominus in suo robore duratura. Concedimus insuper & promittimus nomine Do|mini nostri Regis praedicti, quod idem Dominus noster, praesentem obliga|tionem propriis sumptibus & pro viribus faciat, in•…•…ra annum a tempore sponsalium; inter praedictos Edwardum & Margaretam, contractorum, arti|culatim per summum Pontificem confirmari, & infra idem tempus, Com|munitati Regni Scotiae liberari; quod si infra annum praedictum id facere non poterit, illud quam citius potuerit, fieri impetrabit, ita quod illud perficiatur: Et si hoc non saciat suo tempore, quod Haeredes sui ad id saciendum bona fide teneantur. Protestamur etiam in hiis scriptis, quod omnia praemissa taliter intelligantur, quod juri unius Regni vel alterius ratione praesentis facti, nichil decrescat aliqualiter vel accrescat: Nec alicui Regum Regnorum praedictorum, quin libere habeant statum suum. In quorum omnium & singulorum praemissorum testimonium & evidentiam pleniorem, Sigilla nostra praesentibus duximus apponenda. Dat. apud Brigh. die Martis proxima ante festum beatae Margaretae Virginis, vide|licet 15 Kal. Augusti anno Domini 1290. & ad majorem hujusmodi Ra|tificationis & Confirmationis nostra ac omnium praedictorum Authorita|tem & evidens testimonium has literas nostras fieri fecimus patentes, Sigillo nostro Regio consignatas. Dat. Norht. 28. die Aug.

But the Death of this Queen a little before her designed Voyage to|wards Scotland and England, put a Period to all the promised Procurati|ons, Patents, Articles; frustrated this much desired Marriage between Prince Edward and Her, and raised new Questions between the Competi|tors for the Crown, which of them was next Heir thereunto, who all re|ferred the final Decision thereof to King Edward.

N^o 2.

NIcholaus Episcopus servus servorum Dei, dilecto filio nobili Viro Edwardo nato charissimi in Christo filii nostri Edwardi Regis Angliae illustris, salutem & Apostolicam benedictionem. Petitio tua nobis exhibita continebat, quod propter Contiguitatem Angliae, Scotiae{que} reg|norum diversa scandala, rancores, & odia inter ipsa regna & eorum Reges hactenus sunt exorta, ex quibus nonnulla rerum & corporum contigisse pe|ricula dignoscuntur, sicque cum clarae Memoriae A. Rex Scotiae sit viam uni|versae Carnis ingressus proprio Masculino genere non extante, & dilecta in nobis Christo filia Margareta nata charissimi in Christo filii nostri Erici Norwegiae Regis illustris, Neptis praedicti Regis Scotiae, regno ipsi Scotiae re|gi succedat verisimiliter dubitatur, quod si forsan Regnum ipsum ad ma|nus alterius ex ipsius Margaretae contrahendo conjugio proveniret, de faci|li possent hujusmodi scandala, rancores & odia pullulare, ac provenire ex ipsis pericula graviora; Unde ad hujusmodi periculis obviandum, ac ad sedandum & obliviscendum scandala, rancores, & odia supradicta, & ad procurandum & nutriendum verae pacis & dilectionis commoda, inter prae|dicta Regna & Incolas eorundem, desideras cum praedicta Margareta ma|trimonialiter

Copulari. Set quia tertio Consanguinitatis gradu quo tu & eadem Margareta, nata ex quadam Margareta Consobrina tua praefati Nor|weg. Regis Uxore, vobis attinetis ad Invicem prohibente, id non potest perduci legitime ad effectum, Apostolicae sedis licentiam super hoc humiliter implorasti; Nos itaque in praedictis Regnis & ubique locorum Deo & Romanae Ecclesiae devotorum, pacem & concordiam affectantes & intendentes ad id studia quae possumus adhibere: Sperantes quoque quod ex hujusmodi matrimonio, si fiet, memoratis Regnis, odiorum tene|bris inde propulsis, prosperitatum quamplurinm, dante Domino incre|menta provenient. Considerantes etiam, quod si praedictum Regem pa|trem tuum, juxta sui voti praesagia, contingat in Terrae sanctae subsidium proficisci, posset ipsi Regi suoque Regno & tibi, & per consequens praefatae terrae sanctae negotio, si alii praedicta Margareta nuberet, deperire. Pen|santes insuper, quod nulla ex hujusmodi provenire debere scandala veri|similiter formidantur.

Hiis & aliis dignis considerationibus subsistentibus excitati, tuis sup|plicationibus annuentes, tecum & cum Margareta praefata ut impedi|mento consanguinitatis hujusmodi non obstante Matrimonium Invicem legitime contrahere, ac in contracto licite remanere possitis, Authoritate Apostolica de speciali gratia dispensamus; prolem suscipiendam ex te ac dicta Margareta ex hujusmodi matrimonio nunciantes ex nunc legitimam, de Apostolica plenitudine potestatis. Nulli ergo omnino hominum li|ceat hanc paginam nostrae Dispensationis infringere, vel ei ausu temerario contraire. Si quis autem hoc attemptare praesumpserit, indignationem Om|nipotentis Dei, & beatorum Petri & Pauli Apostolorum ejus, se noverit incursurum. Dat. Romae apud Santam Mariam majorem, 16 Kal. Decem|bris, Pontificatus nostri anno secundo.

N^o 3.

MAgnifico Principi & amico suo Karissimo Domino Erico, Dei Gratiae Regi Norwagia illustri, Edwardus Dei Gratia Rex Angliae, Domi|nus Hiberniae, & Dux Aquitaniae salutem, & prosperis semper successibus habundare. Cum ex liberali benignitate Sedis Apostolicae sufficiens & plena nobis dispensatio de filio nostro Edwardo & Margareta filia vestra Regina Scotiae Matrimonialiter adinvicem copulandis, non obstante consanguini|tatis gradu, quo sibi adinvicem attinere noscuntur, per sanctissimum pa|trem nostrum Dominum Nicholaum ejusdem Sedis ac universalis Ecclesiae summum Pontificem, rite & inspirante gratia salvatoris sit concessa, & realiter jam obtenta; ad quod utique Custodes, Magnates, Praelati ac tota Communitas praedicti Regni Scotiae, unanimi & expressa voluntate suum praebuerunt jam consensum; id quod vobis, ut confidimus, propter utriusque Regni Angliae & Scotiae secundam prosperitatem & mutuam utili|tatem placidum & acceptum esse, verisimiliter attendamus, vestram se|renitatem regiam requirimus & rogamus attentei quatenus ad tam felicem dictae dispensationis & copulae conjugalis effectum prosequendum finaliter & complendum, praedictae Dominae Margaretae filiae ad partes nostras An|glicanas adventum curetis adeo tempestive maturare, utobnixius obstrin|gamur. Grave siquidem gereremus, si nostra hinc inde vota in hoc ali|qualiter discreparent, aut saltem protelare faceretis, quod in hac parte regiam Celsitudinem non deceret. Valeat & vigeat feliciter Regia Ma|jestas

vestra, & prosperis semper floreat incrementis. Dat. apud Aumbris|bury 15 Kal. Maii anno Regni nostri decimo octavo.

Eidem Regi, Edwardus Dei Gratia Rex Angliae, Dominus Hyberniae & Dux Aquitaniae, salutem, & prosperis semper successibus habundare. Ad frequentem & votivam instantiam venerabilis patris Domini Antonii Dei Gratia Dunolm. Episcopi vestram de Regno Scotiae utilitatem affectantis, & vehementer prosequentis, quam utique nos in hoc & in aliis appetimus foeliciter prosperari, damus, concedimus & committimus eidem Episcopo plenam & specialem Potestatem & Authoritatem plenariam, vobiscum per se, vel per suos procuratores, aut nuncios speciales, tractandi, confe|rendi, ordinandi Juramento, Scriptis vel Obligationibus, suo & nostro no|mine, si necesse fuerit affirmandi negotia, vos & nos Filium nostrum & Filiam vestram contingentia, secundum quod magis viderint expedire. Ratum habentes & firmum quicquid per praedictum patrem Dunelm Epis|copum vel nuncios aut procuratores suos, vel eorum aliquos, ad hoc spe|cialiter deputatos factum, ordinatum vel affirmatum fuerit suo & nostro nomine in praemissis. In cujus, &c. Sigillum nostrum fecimus praesentibus appendi. Dat. apud Wodestok 10 die April. anno, &c. eodem.

Et memorand. quod istae duae literae, licet sint de data in eis contenta, Irrotulatae fuerunt hic, eo quod tangunt factum Norwag. & nichilominus ista ultima litera irrotulata est in Rotulo patentium de anno xvii Mense April.

N^o 4.

OMnibus has literas visuris vel audituris, Edwardus, &c. salutem. No|veritis nos literas custodum Regni Scotiae communi Sigillo Regni e|jusdem signatas, non cancellatas, non abolitas, nec in aliqua sui parte vitiatas, in forma quae sequitur, inspexisse. Excellentissimo Prin|cipi Domino Edwardo Dei gratia Regi Angliae illustri, Domino Hiberniae, & Duci Aquitaniae, Custodes Regni Scociae per Communitatem ejusdem Regni, salutem, & continuum semper gloriae & honoris incrementum. No|tum vobis facimus per praesentes, quod cum ad preces & instantiam ve|stram, ad praesentiam vestram venerabiles in Christo Patres W. & R. per|missione divina Sancti Andreae & Glasguen. Episcopos. nobiles viros Rober|tum de Brus Patrem, Dominum Wall. Anand. & Johannem Comyn destine|mus pro quibusdam rebus seu negotiis, vobis per quosdam solempnes nuncios Domini Regis Norwag. illustris, suggestis, sicut per Literas vestras nuper nobis missas didicimus; damus & concedimus praedictis destinatis potestatem & mandatum tractandi cum dictis nunciis Norwag. coram vo|bis, super rebus seu negotiis vobis expositis per eosdem, & ea quae erunt in vestra praesentia ab utraquae parte concorditer ordinata, affirmandi. Salvis tamen in omnibus & fingulis & per omnia libertate & honore Reg|ni Scotiae; Ratum & gratum habituri quicquid per praedictos destinatos in vestra praesentia tractatum fuerit & affirmatum; dummodo ex hoc Regno Scotiae & ejus incolis nullum imposterum praejudicium generetur. In cujus rei testimonium, has Literas patentes Sigillo regimini Regni Scotiae deputato fecimus sigillari. Dat. apud Monasterium de Melros, tertio die Octobris, anno gratiae 1289. In cujus, &c.

Memorand. quod ista litera sigillata liberata fuit in Eccelesia beatae Maria Sarum septimo die Novembr. anno, &c. decimo septimo per ma|num venerabilis patris R. Bathon & Wellen. Episcopi Cancellar. Regis, nunciis Regis Norwag. Et Litera originalis una cum litera subsequente, eodem die in eadem Ecclesia, liberata fuit per manus ejusdem Cancellarii Domino Episco|po Dunelm. In praesentia venerabilis patris Domini Wigorn. Episcopi, & Domini W. de Valen. & J. de Warenna. Com. Sarr. per manum ejusdem Episcopi Dunelmen. in Garderoba Regis liberand.

N^o 5.

OMnibus has literas visuris vel audituris, Edwardus, &c. salutem. No|veritis nos literas serenissimi Principis Ericii, eadem gratia Regis Norwag. Illustris Sigillo suo signatas, non cancellatas, non abolitas, nec in aliqua sui parte vitiatas, in forma quae sequitur, inspexisse. Ex|cellentissimo & magnifico Principi, affini & amico suo Karissimo, Domino Edwardo Dei gratia Regi Angliae. Domino Hyberniae, & Duci Aquitaniae, Ericius eadem gratia Rex Norwag. salutem, & sincerae dilectionis Constan|tiam, cum Honoris & Gloriae perpetuis incrementis. Noverit vestra Ma|jestas Regia, quod nos dilectos ac fideles nostras, Tirricium de campis ••udi Baronem Petrum Algothi, quondam Regni Suet. Cancellar. Thorwal|di de Shetland, & Guthorinum de Osleya, Milites, latores praesentium, fa|cimus, constituimus & ordinamus nostros veros & legitimos procuratores & nuncios speciales, ad tractandum & conferendum cum Serenitate vestra, super quibusdam negotiis, nos & filiam nostram Karissimam Margaretant consanguineam vestram, Dominam ac Reginam Scotiae, ac ipsum regnum suum Scotiae tangentibus: Dantes & concedentes eisdem nunciis & pro|curatoribus nostris authoritatem plenariam & mandatum speciale ad sta|bilienda praedicta negotia, & ad omnia alia facienda, sine quibus prae|dicta negotia expedire non possint, prout nobis & filiae nostrae supradict•…•… melius credere viderint ad commodum & honorem. Ita tamen quod si omnes hiis expediendis interesse nequiverint, tres vel duo ex ipsis nichil|ominus in negotiis procedant supradictis. Ratum habituri & gratum, quicquid per dictos nuncios & procuratores nostros, seu ipsorum tres vel duos factum fuerit & ordinatum in praemissis seu quolibet praemissorum. In cujus rei testimonium praesens procuratorium sigilli nostri appensione duximus roborandum. Dat. apud Civitatem Bergens. Kal. April. anno Regni nostri decimo. In cujus rei testimonium, has literas nostras fieri fe|cimus patentes. Teste meipso apud Clarendon. 6 die Novembr. anno Regni nostri decimo septimo.

N^o 6.

REX Prelatis, magnatibus, ac toti communitati Regni Scotiae, salutem & dilectionem sinceram. Quia negotia, quae contingunt Karissi|mam consanguineam nostram, Margaretam Dominam & Reginam Regni ejusdem, ad honorem Dei & tranquillitatem totius Communitatis ejusdem Regni, ac commodum & profectum ipsius consanguineae nostrae

praedictae bene & fideliter prosperari, totis desideriis peroptamns; vos re|quirimus & rogamus attente, quatinus custodibus ad regimen dicti Regni nomine praedictae nostrae consanguineae deputatis, taliter intendentes sitis & obedientes, quod nos & Domina vestra antedicta possimus & debeamus fidelitatem vestram habere merito commendatam. Proponimus siquidem statim post instans Parliamentum nostrum London. ad partes vestras Scotiae, aliquos de nostro concilio destinare; per quos ac etiam per ipsius terrae cu|stodes de statu ejusdem Regni, quem appetimus tranquillum & pacificum semper esse, certificati erimus, Deo dante. Dat. apud Clarendon. ut su|pra. Et sunt Clausae.

N^o. 7.

CUM egregius Princeps Eryk. Rex Norweye, & Domina Margareta nata Regis ejusdem, Domina Regina & haeres Regni Scotiae, requisivissent per suos solempnes nuncios, Dominum videlicet Terricum de Cam|pis ludi, Petrum Algothi, & Guthorinum de Aseleya, magnificum Principem Dominum Edwardum Dei gratia illustrem Regem Anglia, quod ipse opem apponeret & consilium, qualiter praedictae Reginae neptae suae obediretur, ut Domina Regina, & Haeres Regni Scotiae supradicti, & quod ipsa inde ordinare possit pariter & gaudere, prout aliis faciunt Reges regnis, prae|fatus Dominus Angliae Rex illustris pro bono pacis dicti regni Scotiae; & reformatione status suae neptae, jam dictae, Custodibus regni Scotiae literas suas misit, quod Custodes ipsi mitterent personas nominatas & certas, qui po|testatem haberent tractandi formam aliquam pro se & aliis, ad emendati|onem dicti regni Scotiae, & reformatione status Reginae jam dictae. Iidem quoque Custodes ad requisitionem hujusmodi Domini Regis Angliae praeli|bati, miserunt, juxta effectum requisitionis ejusdem, venerabiles in Chri|sto patres Sancti Andreae & de Glascuen. Episcopos, & nobiles viros Domi|nos Robertum de Brus, Dom. Val. de Anaunt, & Johannem de Comyn, ad tractandum prout superius est jam dictum; qui apud Saresbur. venientes, ad mensem Sancti Michaelis prox. nunc elapsum. ad quem locum praedic|tus Dominus Rex Angliae honorabiles in Christo patres Dominos Godefri|dum Wygorn. & Antonium Dunelmensem Episcopos, ac egregios viros, domi|nos Guillielm. de Valenc. Pembrok. & Johannem de Garenum Com. pro trac|tatu praedicto transmisit, qui similiter venientes ibidem ad tractand. ex parte ipsius Regis Angliae cum nunciis Norweye, & nominatis Scotorum su|pra dictis, post disceptationes inter eos varias & tractatus, in formam tan|dem talem pariter concordarunt, videlicet, Quod praefata Domina Regina & Haeres in Regnum veniat Angliae aut Scotiae citra festum omnium Sancto|rum proximo jam futurum, ab omni contractu maritagii & sponsalium libera & quieta, & hoc praefati nuncii Norweye, quantum in ipsis est bona fide promiserant, se procuratores futuros & curatores citra terminum jam praedictum, nisi Regina rationabile & allocabile essonium habeat in hac parte, Promisit insuper bona fide jam dictus Rex Angliae, quod si praefa|ta Domina ab omni contractu Maritagii & Sponsalium, in manum suam aut Custodiam libera veniat & quieta; & quando Regnum Scotiae assecu|ratum bene fuerit & in pace, ita quod Domina ipsa secure venire valeat, & in eo morari, ipsumque Regem Angliae per gentem Regni Scotiae requiri continget, idem Rex Angliae eandem Dominam in regnum Scotiae mittet, ita liberam & quietam a contractibus, de quibus superius est locutum,

sicut recepit eandem. Ita tamen quod bona gens Scotiae, antequam ipsam Dominam recipiant, sufficientem faciant securitatem & bonam Regi An|gliae praenotato, quod praedictam Dominam, nisi per ordinationem ipsius, voluntatem & concilium, ac per assensum Domini Regis Norweye Patris ipsius Dominae nullatenus maritabunt. Praenominati vero Missi Scotiae promiserunt similiter bona fide pro se & aliis Regni Scotiae, quod ipsi as|securabunt terram Scotiae antequam dicta Domina veniat in eandem, & quod securitatem sibi facient, quod inibi ut in Regnum suum secure veni|re poterit, & pro suae voluntatis libito commorari, prout ipsius terrae vera Domina, Regina, & Haeres, quodque de praemissis omnes securitates prae|stabunt, quae rationabiles fuerint, & quas dicti nuncii Norweye ipsos face|re posse dicent. Quod si forsan de Custodibus aut Ministris aliquis vel aliqui dicti Regni Scotiae ipsis de Norweya vel Reginae praedictae inutilis, vel inutiles suspiciosus aut suspiciosi extiterit vel extiterint, totiens Mi|nistri & Custodes amoveantur hujusmodi, quotiens opus erit, & meliores alii de Regno Scotiae loco ponentur eorum, secundum considerationem & providentiam proborum hominum terrarum Scotiae & Norweyae, & illorum insuper quos ad hoc praelibatus Rex Angliae duxerit destinandos. Si autem illi de Scotia & de Norwegia in hac parte concordare non possint, medi|antibus ope & consilio gentium Regis Angliae supradicti, tunc res ex illa parte se teneat, cui gentes ipsius Regis Angliae Consilium concordave|rint. Et hoc nedum sit attendendum in expressis superius, set & in om|nibus disceptationibus, quae inter eos in dicto Regno Scotiae resultabunt, e|jusdem Regni statum & reformationem contingentibus quoquomodo. Pla|cet enim partibus, quod dicti Regni Scotiae status hujusmodi Angl. & Nor|weye Regibus reportetur. Item concordarunt partes praedictae, quod ad mediam quadragesimam proximo jam futuram erit gens Scotiae apud Rokes|burgh. & in circuitu loci ejusdem, gens vero quam transmittet Rex An|gliae ad Requisitionem illorum de Scotia & Norweya in partibus de Warks, & de Karbin. eodem die erit. Ad quem diem promiserunt illi de Scocia bona fide de affirmanda praemissis omnibus & complendis, tam de securita|tibus, quam cunctis aliis suprascriptis, quae contingunt emendationem Regni Scotiae memorati: & hoc in illorum praesentia, quos praefatus Rex Angliae ad dictos diem transmittet & loca, ut videre possint praedicta firmi|tet adimpleri. Et in testimonium praescriptorum praefati procuratores Regis Norweye & Missi de Scotia huic scripto cirographato in tres pecias, quarum duae in Galico penes Regem Angliae & illos de Scotia, & tertia in Latinum translata, penes Procuratores Norweye resident, sua apposuerunt Sigilla. Et ad requisitionem Procuratorum Norweyae & nominatorum Scotiae praedictorum praefati Domini Wygorn. & Dunelmen. Episcopi, ac de Pem|brok. & de Garen. Comites suprascripti sua similiter praesentibus apposue|runt Sigilla in testimonium praemissorum. Dat. apud Salesbury Dominica in Festo Sancti Leonardi, Anno Dom. 1289.

N^o 8.

REX Thesaur. & Camerariis suis salutem. Libertate de Thesauro no|stro Magistro Giffredo de Vezano, Domini Papae Clerico, quinque millia Marcarum per manus suas eidem Domino Papae liberand. de Annis Regni nostri 12, 13, 14, 15, & 16. videlicet, de quolibet Anno mille Mar|cas, quem idem Dominus Papa percipit ad Scaccarium nostrum. Et reci|piatis

ab eodem Magistro Giffredo sufficientem quietanciam de pecunia su|pradicta. Teste Rege apud Ledes 18 die Augusti.

N^o 9.

REX omnibus ad quos, &c. salutem. Sciatis nos concessisse venerabi|libus patribus, Willielmo Dei gratia Sancti Andreae, & Roberto Glas|guen. Episcopis, ac nobilibus viris, Roberto de Bruys, Domino Wal. de Anant. & Jchanni Comyn, qui ad nos ex parte custodum Regni Scotiae nuper venerunt in nuncium; & Terrico de campis Ludi, Petro Algoti, & Guithorno de Assebeye, Nunciis & Procuratoribus egregii Principis Domi|ni Ericii Regis Norwag. Quod si Domina Margareta nata Regis ejusdem, nostraque nepta, Domina Regina & Haeres Scotiae, in partibus Angliae veni|at, ab omni contractu Maritagii & sponsalium libera & quieta, nos ip|sam domicellam ita liberam & quietam ab omni contractu Matrimonii & Sponsalium probis hominibus Regni Scotiae ad eorum requisitionem li|berabimus, quam cito terra Scotiae praedicta assecurata fuerit & in pace. Ita quod ipsa Domina secure venire valeat in eandem, & inibi commode commorari; sub tali tamen modo, quod praedicti probi homines Regni Scotiae antequam praefatam recipiant Dominam, sufficientem ponent securitatem & bonam nobis & Regi Norwag. supradicto, quod ipsam Do|minam nullatenus maritabunt, nisi de consensu nostro, & Re|gis Norwag. supradicti, & haeredum succedentium nobis Regi Angliae, si de nobis interim contingat humaniter, vel in remotas partes a nostro Regno praedicto contigeret nos transferre. In quibus casibus haeredes nos|tros, ac haeredum nostrorum, & Regni Custodes in nostri absentia obliga|mus ad praemissa servanda, quae promisimus bona fide. In cujus rei testi|monium, &c. Teste Rege apud Clarendon. 6. die Novembr.

Et sunt Duplicatae & similiter liberatae per manum venerabilis Patris R. Bathon, & Wellen. Episcopi Cancellar. Regis apud Sarum 8 die Nobembris, Willielmo de Bliburg. per manum suam liberand. Unam videlicet nunci|is Regis Norwag. & aliam nunciis Custodum Scotiae.

N^o 10.

A Touzceus qi ceste lettre verrunt ou orrunt, Roberd par la grace de Deu Eveske de Glasguen. & Johan Comyn Gardeyns du Reaume de Escoce e Alayn per meime. la grace de Deu Evesqe de Chattenes solempnes Messages & procururs des autres Gardeyns, & des Evesqes, Abbes, Priors, Countes & Baruns e de tote la Commune de Escoce, saluz en Deu. Come les honurables peres en Deu Anntoyne de Dureme, & Rauf de Cardoyl par la grace de Deu Evesqes, e les nobles homes Johan de Garenne & Henry de Nichole Countes, sire Guilliam de Vescy, e Mestre Henry de Newerk deen del Eglise de Everwyk, especiaus procururs & solempnes Messages le noble Prince Sire Edward par la grace de Deu Roy de Engleterre, pur acons pe|rils & suspecions qe il auoient entendu, nus eussent de par meimes le Roy de Engleterre demaunde la garde des Chastiens & de Fortelesces du Reaume de Escoce, & de Cele demaunde departir ne voleynt saunz Conceillier lou Segniur le Roy avauntdit. Nus sur ceo e autres choses venimes a la presence meimes le Roy de Engleterre avauntdit. Qui seur celes choses conceil e deliberation euwe a nostre requeste

nous graunta cele chose delaer deques a la venue nostre dame, qe serra a la touz seinz proshein avenir, ou devaunt si Dieu plest. Pur la quele chose nus Procururs & Messages avauntdiz, ouek aucuns des Gardeyns des Chasteux de Escoce, cest asaver Sire Guilliame de Seint Cler. Patrick de Graham, e Johan de Soules, qe iloqe vindrent oue nous, en noun des avauntdiz Gardeyns, Evesques, Abbes, Priors, Countes & Ba|runs, e tote la Commune du Reaume de Escoce, grauntons, volons, & fer|mement promettons, qe quel hore qe la Dame veigne en Engleterre ou en Escoce, quite & deliure de tot mariage, estre celui, qe nus auons otrie; Nusicels Chasteus e Fortelesces rendrons & ferons rendre a lavanndite nostre Dame, e a noble Ber Sire Edward fiz al avantdit Roy de Engleterre, E de cel hore enauannt les obirons ensemble, come a Seignour e Dame en ceste chose & totes autres qe al avauntdit Reaume apendent, de cel houre, qe il serront venuz en Escoce, e averont fet per eus ou per autres dedenz le Reaume serement de quel qe il seient en lu duw, solom les leys e les costomes de la terre de Escoce, ne a nul autre mariage ne assentirons, ne a autre Seigneur ne obirons, taunt qil viveront, si il ne soit par le assent e la volente le Roy de Engleterre, e Sire Edward son fiz. E si la Dame ne veigne en Engleterre ou en Escoce entre cy e la toux seinz prochein avenir, nus volons e promettons pur nus & pur touz les autres du Reaume de Esco|ce, qe touz les Gardeyns des Chasteus e de Fortelesces de meimes le Reaume seient adonqe obligez per serement e par escrit, de garder e de sauver i ceus Chasteus & Fortelesces al oes e en noun nostre Dame anaunt|dite, e Sire Edward fiz e heyr le avauntdit Roy de Engleterre. E si nul des Gardeyns des Chasteus e de Fortelesces seyt on seyent renablement suspecenous a eus ou a nous, il serrount remuwe taunt de foiz come mester serra per commun counseil du Roy de Engleterre, e de bone gent de Escoce, e as autres du Reaume nient suspecenous, souz bone seurte bailleu. Memes la chose grauntons, otrions & promettons des Gardeyns e des autres Mini|stres du Reaume.

N^o 11.

THat tho it would seem most proper for the Scots to sue to us, who are Superiors in the Field, and Masters of a great part of their Realm; yet that our charitable Mind and Brotherly Love might be known, We do by all means possible provoke and call you to your own Commodity and Profit, as the Father does the Son, or the Elder Brother the young|er—and invite you to AMITY and EQUALITY, because as We inhabit in the same Island, there is no People so like one another in Man|ners, Customs and Language—But because some object that we don't seek EQUALITY, nor the Marriage, but a Conquest, and that we would not be Friends but Lords, altho our Proclamation at the last Wars did enough declare the contrary: yet here We declare to you and all Christian People, to be the Kings Majesty's Mind our Master's, by our Advice and Counsel, not to Conquer but to have in Amity, not to win by Force, but to conciliate by Love, not to spoil and kill, but to save and keep, not to dissever and divorce, but to joyn in Marriage from high to low both the Realms, to make of one Isle, one Realm, in Love, Amity, Concord, Peace and Charity—We offer Love, We offer EQUALITY and Amity; We overcome in War and offer Peace;

We win Holds and offer no Conquest; We get in your Land, and offer England—What can be more offered and more proffered, THAN IN|TERCOURSE OF MERCHANDIZES and interchange of Marriages, the abolishing of all such our Laws as prohibit the same, or might be Impe|diment to the mutual Amity? We have offered not only to leave the Authority, Name, Title, Right or Challenge of Conqueror, but to receive that which is the Shame of Men overcome, to leave the Name of the Nation, and the Glory of any Victory (if any we have had, or should have of you) and to take the indifferent old Name of Britains again; be|cause nothing should be left on our part to be offered, nothing on your part unrefused, whereby ye might be inexcusable.—What Face hath this of Conquest? We intend not to disherit your Queen, but to make Her Heirs Inheritors also of England. WE SEEK NOT TO TAKE FROM YOU YOUR LAWS NOR CUSTOMS, but we seek to redress your Oppression, which of divers ye do sustain. In the Realm of England, di|vers Laws and Customs be according to the antient usage thereof, and likewise France, Normandy and Gascoigne have sundry kind of Orders. Have all the Realms and Dominions that the Emperor now hath, one Custom and one Sort of Laws? These vain Fears and Fantasies of Ex|pulsion of your Nation, of changing of the Laws, of making a Con|quest, be driven into your Heads by those, who indeed had rather you were all conquered, spoiled and slain, than they would lose any Point of their Will, of their Desire of Rule, and of their Estimation, which they know in Quietness would be seen what it were, as it were in a Calm Water—If we two being made one by Amity, be most able to defend us against all Nations; and having the Sea for the Wall, mutual Love for Garison, and GOD for Defence, should make so Noble and well agreeing Monarchy, that neither in Peace we may be ashamed, nor in War afraid of any Worldly or Foreign Power: Why should not you be as desireous of the same, and have as much Cause to rejoyce at it as we?—And for a more sure Proof and plainer Token of the good Mind and Will which we bear unto you, that which never yet was granted to Scotland in any League, Truce or Peace betwixt England and Scotland; because ye shall have Proof of the beginning of Love and Amity of both the Realms, the King's Highness considering the mul|titude of them which are come to His Majesty's Devotion, and of them that be Well-willers and Aiders of this Godly Enterprize, hath by our Advice and Counsel granted, and by these presents doth grant, that from hence-forth all manner of Merchants and other Scotsmen, who will enter their Names with one of the Wardens of the Marches, and there profess to take part with us, in this before named godly purpose, may lawfully, and without any Trouble and Vexation, enter into any Port, Creek or Haven of England, and there use their Traffick of Merchandize, buy and sell, bring in the Commodities of Scotland, and take and carry forth the Commodities of England, as liberally and as freely, and with the same and none other Customs therefore, than Englishmen, and the King's Subjects do at this present. Holinshed, History of England, Vol. III. p. 998.

N^o 12.

THE Commissioners being met at Westminster, the chief Things debat|ed on were, 1. Whether the two Kingdoms should be united un|der the Name of Great-Britain. And 2. Whether both Nations should be equally capable of Honours and Offices in either Kingdom. Some advanc'd against the First, That it was without all Example, that two Kingdoms equally supreme, should lay aside their former Names for a third new One: Nor could the Name of Great-Britain be so Honour|able as the several Names and Pluralities of Kingdoms: Thus tho Castile, Leon and Arragon, be united under the Subjection of the King of Spain, and France and Navarr under the French; yet these Kings alwise in their Designations mention the several Kingdoms they command.

Others alledg'd this ruight prejudice the Precedency of the Kings of England among other Princes; as being but a new one. But for all that, we find in History, that this is no new thing; and in particular Livy reports, That the Trojans and Aborigines did after the Union of their Nations as|sume the common Name of Latines: Thus the Hungarians derived their Name from the Huni & Avari (Morden in his Geography mentions the Au|thors from whence we have it) The Catalonians from the Catti & Albani: The Counties in Germany use that common Name: And that only is called Feudum novum which is acquired by Money, Donation or Conquest, and that Feudum antiquum which descends by Blood and Succession.

When the 2d question came under debate, some of the Commissioners agreed, it was unreasonable the Scots should be admitted to, and made capable of all the Employments in England. To this it was answered, That to refuse it would continue the ancient Grudge and Enmity, for the Romans were ne|ver engaged in a sharper War, than in the Bellum sociale, which the La|tines raised against them, because they would not admit them to be Con|suls after they were united, (vide Livy, Plutarch, Florus, &c.) After which the Romans did by their own Law Declare, That inter Concives & Muni|cipes, omnia munera debent esse communicata. Municipes enim sunt qui pari|ter minera publica suscipiunt. And Polybins in Lib. 2. speaking of the Method whereby the Achaeans establish'd their happy Union, (read also Plutarch) observes it to have been by this means.

This Privilege has been allowed the Scots in France, for the Earl of Bu|chan was made Constable by Ch. the 7th, because he defeated the Duke of Charence: Douglass was made Duke of Turaine; Aubigney Vice Roy of Naples. Count Lesly was preferred lately to be an Earl of the Empire, and still in the Emperial Dyets. In England William of Malmsbury confesses three Scots-Men were successively created Arch-Bishops of Tork, and the Earl of Forth was in the late Wars the successful General of the English Army.

King James thought this Debate encroach'd upon his Prerogative, and therefore desired it might go no further; That tho by his Prerogative he might imploy Natives of either Kingdom as he pleased, yet he would pre|fer the Subjects of the respective Kingdoms in their native Countries, till mutual Education and a lasting Union had fitted them to be indifferently employ'd, upon which Assurance all the Commissioners rested, and so they proceeded to put these Conclusions in Form, and the Articles agreed upon were these.

It is agreed by the Commissioners of E. and S. to be mutually proposed to the Parliaments of both Realms at the next Session, that all

Hostile Laws made and conceived expresly, either by E. against S. or S. against E. shall in the next Sessions be abrogated, and utterly extinguish|ed.

It is also agreed, That all Laws, Customs and Treaties of the Border betwixt England and Scotland shall be declared by a general Act to be abrogated and obliterated: And that the Subjects on either Part shall be governed by the Laws and Statutes of the Kingdoms where they dwell, and the Name of the Borders extinguished.

And because by abolishing the Border-Laws and Customs, it may be doubted, that the Executions shall cease upon these Sentences that have heretofore been given by the opposite Officers of those Borders, upon Wrongs committed before the Death of the late Queen of happy Memo|ry; It is therefore thought fit, That in case the Commissioners or Officers to be appointed by His Majesty before the time of the next Sessions of Par|liament, shall not procure sufficient Redress of such fyled Bills & Sentences, that then the said Parliament may be moved to take such Order, as to their Wisdoms shall seem convenient in satisfaction of that which has been decerned by some Officers. As also, how Disorders and Insolencies may be hereafter repressed, and the Country which was lately of the Borders kept in Peace and Quietness in time to come; As likewise to prescribe some Orders how the Pursuits of former Wrongs preceeding the Death of the late Queen, and since the last Treaty of the Borders in the years 1596, and 1597, which have never as yet been moved, may be continued, and pro|secuted to a definitive Sentence.

And forasmuch as the next Degree to the Abolition of all Memory of Hostility, is the Participation of mutual Commodities and Commerce; It is agreed First, concerning Importation of Merchandize into either Re|alm from Foreign Parts; That whereas certain Commodities are wholly prohibited by the several Laws of both Realms to be brought into either of them by the Natives themselves, or by any other, the said Prohibitions shall now be made mutual to both, and neither an English-man bring into Scotland, or a Scots-man into England any of these prohibited Wares and Commodities: Nevertheless if the said Commodities be made in Scotland, it shall be lawful to bring them out of Scotland to England, and so recipro|cally of the Commodities made in England and carried to Scotland.

Whereas a doubt hath been conceived against the equal Communication of Trade betwixt the English & Scots Subjects in the matter of Importation, grounded upon some Inequality of Privileges, which the Scots are report|ed to have in Foreign Parts, and namely in France, above the English, whereby the English might be prejudged: And that after a deliberate Con|sideration had of the supposed Inequalities, both private and publick Exa|mination of divers Merchants of either side, touching all Liberties, Pri|vileges, Immunities, Imposts and Payments on the part of the English, and on the part of the Scots, either at Bourdeaux for their Trade of Wines, or in Normandy or any other parts of France for other Commodities, it appear|ed that in the Trade of Bourdeaux, there was & is so little difference in any advantage of Privileges or Immunities, or in the Imposts and Payments, all being reckoned and well weighed on either side, as it could not justly hinder the Communication of Trade. In the Trade of Normandy likewise, or any other Parts of France, the advantage the Scots Subjects by their Privileges are acknowledged to have, is such as without much Difficulty may be reconciled and reduced to an Equality with the English, by such means as are hereafter declared. It is agreed that the Scots-men shall be

free for transporting of Wine from Bourdeaux to England, paying the same Customs & Duties that the English-men do pay, & the English-men likewise shall be free for transporting Wine & other Commodities from Bourdeaux to Scotland paying the same customs & duties that the Scots-men do pay there.

And likewise for clearing and resolving the Doubts touching the Ad|vantage that these Scots are supposed to have above the English in Buying and transporting the Commodities of Normandy and other parts of the King|dom of France, excepting the buying of Wine in Bourdeaux, which is al|ready determined. It is agreed, that there shall be sent some meet and discreet Persons into France, two for either side, to take notice of any such Advantage, as either the English have above the Scots, or the Scots above the English, in Buying or Transporting of any Commodities of Normandy, or any parts of France, excepting the Wine of Bourdeaux: And as the said Persons shall find the advantage to be, so for making the Trade e|qual, the Customs shall be advanced to the King in England and Scotland; And for the part of these that have the advantage, and according to the Proportion of the said Advantage, the Advancement of the Custom to continue no longer, than the Privilege having such advan|tage shall continue. And that generally for all other Trade from any Parts the English and Scots Subjects, each in others Countrey, shall have Liberty of Importation as freely as any of the Native Subjects themselves having special Privilege.

Next, Concerning Exportation, It is agreed, That all such Goods as are prohibited and forbidden to English-men themselves to be exported out of England to any Foreign Part, the same shall be unlawful for any Scots-man, or any other to export to any Foreign Nation beyond Sea, under the same Penalties and Forfeitures that the English are subject un|to, and reciprocally that furth of Scotland no English Man shall transport to any Foreign Parts the Goods and Commodities that are pro|hibited in Scotland to Scots Men themselves. Nevertheless such Goods and Commodities and Merchandizes as are licensed to English Men to transport out of England to any Foreign Part, the same may be likewise transported by Scots Men thither, they certifying their going into For|reign Parts, and taking a Cocquet accordingly, and paying the ordinary Custom that English Men do pay themselves at the Exportation of such Wares, the like Liberty to be for English Men in Scotland.

As for the Native Commodities which either of the Countries do yield, and may serve for the use and benefit of the other; It is agreed, That mutually there may be transported furth of E. to S. and furth of S. to E. all such Wares as are either of the Growth or Handywork of either of the said Realms, without payment of any Impost, Custom or Exaction; and as freely in all respects as any Wares may be transported either in En|gland from part to part, or in Scotland from Part to Part, except such particular Sorts of Goods and Merchandizes as are hereafter mentioned, being restrain'd for the proper and inward use of each Countrey. And for that purpose it is declared, That both in this Communication of Bene|fit, and Participation of the native Commodities of the one Countrey with the other, there shall be specially reserv'd and excepted the sorts hereaf|ter specified; That is to say, Wooll, Sheep, Sheepfell, Cattel, Leather, Hides, and Linen-yarn, which are specially restrain'd within each Coun|trey, not to be transported from one to the other; excepting also and re|serving to the Scots Men their Trade of Fishing within the Lochs, Firths and Bayes, within Land, and in the Seas within 14 Miles of the Coasts of the Realm of Scotland, where neither English-men nor any Strangers have

us'd to Fish; and so reciprocally on the behalf of England. All which Restrictions and Exceptions are not to be understood or mentioned in any sort for a Mark or Note of Separation and Division, but only as matters of Policy and Conveniency for the several Estates of each Countrey.

Furthermore it is agreed, That all foreign Wares to be transported forth of Scotland into England, or out of England into Scotland, by any of the King's Subjects of either Kingdoms, having at their first Entry once paid Custom in either of the Kingdoms, shall not pay outward Customs therein afterwards, save only inward Custom at the Port whereunto they shall be transported: But the Owner of the Goods, or Factor, or Master of the Ship shall give Bond not to transport the same into any foreign Parts.

It is also agreed, That Scots-men shall not be debarred from being As|sociates unto any English Company of Merchants, as Merchant-Venturers or others upon such Conditions as any English-man may be admitted; and so reciprocally for English men in Scotland.

It is nevertheless agreed by mutual Consent, and is so to be understood, that the mutual Liberty aforesaid of Exportation and Trade in each part from the one to the other, shall serve for the inward use only of either Re|ahn; and Order taken for the restraining and prohibiting the Transpor|tation of the said Commodities to foreign Parts, and for due Punishment of those that shall transgress in that behalf. And for the Better. Assu|rance and Caution herein, It is agreed that every Merchant so offending shall forfeit his Goods, the Ships wherein the said Goods shall be trans|ported, confiscated; the Customers, Searchers, and other Officers of the Custom whatsoever, in case of Consent or knowledge on their part, to lose their Offices and Goods, and their Bodies to be imprisoned at His Maje|sty's pleasure. Of which Escheats and Forfeitures two Parts shall apper|tain to His Majesty, if the Customs be unfarm'd, and the Third to the In|former: And if the Customs be farmed, one Third of the Forfeiture to belong to His Majesty, a Third to the Farmer, and the other Third to the In|former. The Tryal of the Offence to be summar in either Countrey in the Exchequer Chamber; by Writ, sufficient Witnesses, or Oath of Party, or before the Justice by Jury or Assize, and his Majesty's Officers in either Countrey to concur with the Complainers that insist in the Pursuit.

As also for the more Security that there shall be no Transportation of such Goods, it is agreed that at the shipping of all such native Com|modities there be taken by the Customer of the Port where the Goods or Wares are embark'd a Bond or Obligation subscribed by the Owner of the Goods, and Master of the Ship; By the Owner if he be present, or by the Master of the Ship, or Factor, or Party that loadeth the same in case of his absence: Which Bond shall contain a Sum of Money answerable to the Value of the Goods, with condition of relieving the Party obliged, and discharging him of the said Bond in case Return be made of a due Cer|tificate to the Custom where the Goods were laden, from any Port within England or Scotland, and the Certificate to be subscribed and sealed by the Officers of the Customs of the Port where the said Goods shall arrive to be unladen: Or if there be no such Officers there, by the chief Magi|strate and Town Clerk of that Harbour and Town under their Hand and Seal. And it is further agreed touching the different Fraighting of Com|modities either in English or Scots Bottoms, that English-men and Scots men fraight and laden their Goods each in others Ships & Bottoms indiffe|rently, paying only English and Scots Custom, notwithstanding any contra|ry Laws or Prohibitions. And that a Proposition be made to the Parlia|ment of England for establishing some good Orders, for upholding and maintaining the great Fishing of England; as also that a Proposition be

made to the Parliament of Scotland for making of their shipping more proportionable in Burthen to the shipping of England, the better to serve for the Equality of Trade, and a common Defence for the whole Isle.

And because it's Requisite that the mutual Communication aforesaid, be not only extended to the Matter of Commerce, but to all other Benefites and Privileges of natural born Subjects; It is agreed that an Act be pro|poned to be passed in Manner following: That all the Subjects of both Re|alms born since the Decease of the late Queen, and that shal be born here|after under the Obedience of His Majesty or His Royal Progeny, are by the common Laws of both Realms, and shall be for ever enabled to ob|tain, succeed, inherit and possess all Goods, Lands and Chattels, Honours, Dignities, Offices, Liberties & Privileges & Benefices Ecclesiastick or Civil, in Parliament and all other places of the Kingdoms, and every one of the same, in all respects, and without any Exception whatsomever, as fully and amply as the Subjects of either Realm respectively might have done, or may do in any sort within the Kingdom where they are born.

Further, his Majesty out of his great Judgment and Providence, hath not only professed in publick and private Speech to the Nobility and Council of both Kingdoms, but hath also vouchsafed to be contented that for a more full Satisfaction and Comfort of all his loving Subjects, it may be compris'd in the said Act, that his Majesty meaneth not to confer any Office of the Crown, any Office of Judicature, Place, Voice or Office in Parliament of either Kingdom, upon the Subjects of the other, born be|fore the death of the late Queen, until Time and Conversation have en|creas'd and accomplish'd an Union of the said Kingdoms, as well in the Hearts of all the People, and in the Conformity of Laws and Policies in these Kingdoms, as in the Knowledge and Sufficiency of particular men, who being untimely imployed in such Authorities, could no way be able, much less acceptable, to discharge such Duties belonging to them. It is therefore resolved by us the Commissioners aforesaid, not only in regard of our Desires and Endeavours to further a speedy Conclusion of this hap|py Work intended, but also as a Testimony of our Love and Thankful|ness for his gracious Promise, on whose Sincerity and Benignity we build our full Assurance, even according to the inward sense and feeling of our own Loyal and Hearty Affections, to obey and please him in all things worthy the Subjects of so worthy a Sovereign, that it shall be desired of both the Parliaments, to be enacted by their Authority, That all the Sub|jects of both Realms, born before the Decease of the late Queen, may be ena|bled and made capable to acquire, purchase, inherit, succeed, use & dispose of all Lands, Goods, Inheritances, Offices, Honours, Dignities Liberties, Privileges Immunities, Benefices and Preferments whatsoever, Each Subject in either Kingdom with the same freedom and as lawfully and peaceably as the ve|ry natural and born Subjects of either Realm, where the said Rights, Es|tates or Profits are Established; Notwithstanding whatsoever Law, Sta|tute, or former Constitution heretofore in Force to the contrary; Other than to acquire, possess succeed or inherit any Office of the Crown, office of Judicatory, or any Voice, place or Office in Parliament. All which shall remain free from being claim'd, held or enjoy'd by the Subjects of the one Kingdom within the other, born before the decease of the late Queen, notwithstanding any Words, Sense or Interpretation of the Act, or any Cir|cumstance thereupon depending, untill there be a perfect & full Accomplish|ment of the Union, as is desired mutually by both the Realms. In all which points of Reservation, either in Recital of the words, His Majesties sacred Promise, or in any Clause or Sentence, before specified, from enabling

them to any of the foresaid Places or Dignities. It hath been & ever shall be so far from the thoughts of any of us, to presume to alter or impair His Ma|jestys Prerogative Royal (who contrariwise do with all comfort & confidence depend herein, upon the gracious Assurance which his Majesty is pleas'd to give in the Declaration of his so just and Princely Care and Favour to all his People,) as for a further laying open of our clear & dutiful Inten|tions towards His Majestie in this & in all things else which may concern his Prerogative: We do also herein profess & declare, that We think it fit, there be inserted in the Act to be proponed and passed in express terms, a sufficient Reservation of his Majesties Prerogative Royal, to denizate, enable, and prefer to such Offices, Honours, Dignities, and Benefices whatsoever in both the said Kingdoms, and either of them, as are here|tofore excepted in the preceeding Reservation of all English and Scots Sub|jects born before the Decease of the late Queen, as freely, soveraignly and absolutely as any of His Majesties Royal Progenitors Kings of En|gland or Scotland, might have done at any time heretofore, and to all o|ther Intents and Purposes, in as ample manner as if no such Act had been thought of or mentioned.

And forasmuch as the several Jurisdictions and Administrations of either Realm may be abused by Malefactors, by their own Impunity, if they shall commit any Offence in the one Realm, and afterwards remove their Persons and Abode into the other; It is agreed, that there may be some fit Course advised of by the Wisdoms of the Parliaments, for Tryal and proceeding against the Persons of Offenders remaining in the one Realm, for and concerning the Crimes and Faults committed in the other Realm. And yet nevertheless that it may be lawful for the Justice of the Realm, where the Offence is committed, to remand the Offender remaining in the other Realm, to be answerable to the Justice of the same Realm where the Fact was committed, & that upon such Remand made, the Offen|der shall be accordingly delivered, and all further Proceedings (if any be) in the other Realm shall cease, so as it may be done without pre|judice to His Majesty, or other Lords in their Escheats and Forfeitures, with provision nevertheless that this be not thought necessary to be made for all Criminal Offences, but in special Cases only, as namely in the Cases of wilful Murther, falsifying of Moneys, and forging of Deeds, Instruments and Writings, and such other like Cases, as upon further Ad|vice in the said Parliament may be thought fit to be added.

N^o 13.

A Paper given in by the Scots Commissioners to the English Commissioners for adjusting the differences of Trade between the two Kingdoms, Jan. 21. 1667.

WE the Commissioners of and for the Kingdom of Scotland, Nomi|nated, and sufficiently Authorized by His Majesty, under His

great Seal of that Kingdom; to Treat and Consult, as also to Conclude and Determine with your Lordships the Commissioners nominated by His Majesty for the Kingdom of England, of and concerning the Freedom and Liberty of Trade, between the two Kingdoms of England and Scotland, do represent, That whereas his Majesty's Subjects of Scotland be under the Alledgeance of the King since the happy Succession of K. James to the Crown of England, are so far from being Aliens, that they are declared to have by the Law of this Kingdom all the Privileges of natural born Subjects of England. And whereas His Majesties Subjects in Scotland have enjoyed the same in all the Dominions and Plantations belonging to the Kingdom of England, more than 56 years without any considerable Ob|struction all that time, yet since the 25 of March in the 12 year of His Ma|jesties Reign, by some Acts of Parliament here in England, the King's Subjects of Scotland are clearly debarred from the Privilege granted to all His Majesties other Subjects; Seing by these Acts several Immunities and Privileges granted to such Ships, as do truely and without Fraud be|long only to the People of England or Ireland, Dominion of Wales, or Town of Berwick upon Tweed, and all other Ships and Vessels (without any Exception) with all their Goods and Merchandizes are declared to be forefaulted. Also by other Acts of Parliament since that time. Goods and Commodities of Scotland are at some times charged with a double Du|ty or Imposition above 16 times more than the Goods of the like Nature of Foreign Growth, & some unusual Customs are exacted in Northumberland & Cumberland.

In Order to the removing of all Obstructions, to the Freedom & Liberty of Trade between the two Kingdoms, to the end the People of Scotland may be encouraged to trade here as formerly, and to export from the Kingdom such foreign and other Commodities as are necessary for them, (which we conceive to be a great advantage to this Kingdom, the expor|ted Commodities far exceeding these imported hither) for encouraging the Shipping and Seamen of Scotland, without which Trade cannot be continued, and for preventing the Removal of the Trade of Scotland into foreign Parts, which would be very prejudicial to His Majesties Customs in this Kingdom (as we conceive) and to the happy Union and Cor|respondence of the two Kingdoms, which we do above all things endea|vour to preserve.

We do begin with that which was 1st in time, and indeed of the greatest Importance to Scotland, an Act Intituled (An Act for the incouraging and increasing Shipping and Navigation) passed in the 12 year of His Maje|sty's Reign, and Ratified, Confirmed and Enacted in the 13 year. Cap. 140 In relation to which Act, we desire 1st. That as to the Trade with the Lands, Islands, Plantations and Territories to His Majesty belonging, or in his Possession, or which may thereafter belong unto, or be in the Possession of His Majesty, His Heirs or Successors, in Asia, Africa or A|merica, the same Freedom may be allowed to such Ships and Vessels as do truely and without Fraud belong to the People of Scotland, whereof the Master & three 4th Parts are Scotsmen, or other His Majesties Subjects, and fraighted only by His Majesties Subjects; as are allowed to His Majesties Subjects of Ireland, Dominion of Wales and Berwick upon Tweed.

2. That it be Declared, That His Majesties Subjects of Scotland are not meaned to be debarred by the Clause debarring Men or Persons, not born within the Alledgeance of our Sovereign Lord the King, from exercising the Trade or Occupation of Merchants or Factors in any of the saids Places.

3. That the Ships or Vessels belonging truly to His Majesties Subjects of Scotland, navigated as is before expressed, and fraighted only by His Majesties Subjects, may be declared to have Liberty to bring into England the Goods and Commodities that are of Foreign Growth, Production, or Manufactory, under the same Restrictions and Limitations as are exprest e|ver since King James came to England, is of absolute necessity for entertain|ing the Shipping of Scotland, and keeping the samen there for His Maje|sties Service, and will be an encrease of His Majesties Customs.

4. That all other Privileges granted by this Act to the Ships and Ves|sels belonging truly to the Subjects of Ireland, Wales, and Town of Ber|wick upon Tweed, may be also declared to belong to the Ships or Vessels truly belonging to the Subjects of Scotland, and Navigated & Fraighted as is aforesaid, under the same Restrictions and Limitations alwise as by this Act laid upon the Subjects of Ireland, &c. That it may be declared that the Penalties imposed upon Aliens for transporting of Goods from Ports to Ports, and all other Penalties imposed upon Aliens by this Act, that the Subjects of Scotland are no ways therein concerned.

5. That whereas almost all the Ships and Vessels belonging to His Ma|jesties Subjects of Scotland, were during the late Usurpation taken, burnt or Destroyed, and many of the Vessels taken or bought since His Majesties happy Return, are foreign built; we desire that all Vessels taken from the Kings Enemies, and condemned as lawful Prize, may be Declared Na|turalized, as is lately done here, and that they and all such Ships as are truly in the Possession of His Majesties Subjects of Scotland, may be de|clared capable of free Trade here as if they had been built within His Majesties Dominions; a List of such Ships being entred betwixt and a day to be agreed upon into the Custom-house Books here, Provided that it shall not be lawful for Scots-men to trade here with any foreign built Ships to be bought hereafter, but only with such Ships as are built in Scot|land, or some other of His Majesties Dominions, and that both the Prize-Ships and other Ships now in the possession of the Subjects of Scotland, be navigated by 3 Parts of 4 of Scots-men, or others His Majesties Subjects, and fraighted only by His Majesties Subjects.

6. And whereas it may be supposed, that by demanding such a Trade with the Plantations, as is allowed to the Subjects of Ireland, we may pre|judge His Majesties Customs here, or destroy the Ends of the Act of Na|vigation as to these Commodities; We Declare that we are willing to Treat and Conclude with your Lordships upon such Assurances as can be reasonably demanded, that none of these Commodities shall be transport|ed by Scots Ships from the English Plantations to any place beyond the Seas, but they shall be wholly brought into such Parts of England as shall be agreed upon, excepting only such a very small Number, for the Con|sumption of Scotland, as shall be agreed upon betwixt your Lordships and us.

N^o 14.

JOURNAL OF The Meeting held in the Coun|cil-Chamber in the Cock-Pit in Westminster, BY The Scotish and English Commissioners Nominated by the QUEEN, to Treat of an UNION betwixt the Nations of SCOTLAND and ENGLAND; Conform to the Acts of the respective Par|liaments, Impowering Her Majesty to Name Commissioners to Treat.

Die Martis 27th October 1702.

THIS being the Day appointed for the Meeting of the Commissioners, there were only 12 of the Scots then arriv'd who stoped as late as could be in the Hopes of the Arrival of the 13th to have made a Quorem: But seeing no Appearance of it, They went about 7 a Clock at Night to the Place appointed for their Meeting, where the English Com|missioners were conveened, and very full: And after the first Civilities were past, There was a Letter from Her Majesty to the Scots Commissio|ners Adjourning the Meeting to the 10th of November, and the same Or|ders being sent to the English Commissioners; They imparted them the one to the other, and so separated.

Die Martis 10th November 1702.

ABout 7 in the Evening the Commissioners of both Kingdoms meet at the Place appointed for their Meeting, the English Commissioners being first there: After they had stood a while, they took their Places at a long Table, the English on the Right side, and the Arch-Bishop of Canterbury as first in their Commission upmost. And the Scots on the left Side, and the Duke of Queensberry first in the Commission upmost. When they were set, the Lord Keeper moved, That their respective Commissions should be read, by which they would best know the Reasons of their Meet|ing, which was done, the English first in the English Tongue, and the Scots in the Latine: when that was over, the Lord Keeper made the following Speech, which was answered by the Duke of Queensberry.

My Lords,

WE, the Commissioners, for England, do, with great Satisfaction meet your Lordships on this Occasion, hoping that by this Con|gress the great Business for which Her Majesty has been pleased to grant these Commissions, may be happily effected. That England and Scot|land already united in Alledgeance under one Head, the Queen, may for ever hereafter become one People, one in Heart and mutual Affec|tions, one in Interest, one in Name, or in Deed, a Work which if it can be brought to pass, promiseth a lasting Happiness to us all.

With great Sincerity we desire this Union, and we meet your Lord|ships with Hearts fully determined to enter upon such Considerations, and into such Measures with your Lordships, as are proper for bring|ing the same to the desired Conclusion; on our part nothing shall be want|ing that may conduce to a happy Period of this great Work.

The Duke of Queensberrie's Answer.

My Lord,

THE Union of the two Kingdoms has been much desired both before and since their being under one Sovereign, and I hope, it is re|served to Her Majesty for the Glory of Her Reign, to finish the design which hath been often attempted by Her Royal Predecessors.

My Lord, I do consider this Union to be highly advantageous for the Peace and Wealth of both Kingdoms, and a great Security for the Pro|testant Religion every-where; And, I can assure your Lordships both for my self, and the other Lords Commissioners for Scotland, that we meet your Lordships with great Regard and Honour to your Persons, and with sincere Intentions to advance this great Design, & to accom|modate any Difficulties that may arise in the Treaty upon fair and rea|sonable Terms.

Then the Lord Keeper moved, That some Words of the Scots Com|mission should be read over again, which was done, the Words they no|ticed were, Dando illis plenam potestatem congregandi & conveniendi cum Commissionariis authoritate nostra munitis pro Regno & Parliamento Angliae,

&c. After reading, he said, he did not conceive how they were such as the Scots were impowered to Treat with, not being Commissionarii pro Par|liamento Angliae; Before any Answer was made, the Earl of Seafield mo|ved, That the Commissions should be interchanged against the next Meet|ing, and that then they would be better, able to judge of the Purport and Intent of the Commissions, which was agreed to, and the next Meeting appointed on Monday thereafter.

Die Lunae the 16th of Novemb. 1702.

THE Commissioners met, but there being only a scrimp Quorum of the English, and two or three of them adhering to the last Objection, They desired without proceeding to any Business, the Meeting might be Adjourned till Wednesday, in hopes it might be more full; To which the Scots agreed.

Die Mercurii 18. November 1702.

THE Commissioners met, and the English insisting no more on the Keep|ers Objection, they received a Message from the Queen, in two diffe|rent Papers, but of the same Tenor, which was read as followeth.

A. R.

HER Majesty having in Prosecution of the several Attempts made by Her Royal Predecessors, moved both the Parliaments to consider of the most effectual Methods for establishing an Union be|tween the two Kingdoms; And Her Majesty being authorized by both Parliaments to Appoint Commissioners to Treat of the Terms of this Union, which She hath done accordingly, Her Majesty hopeth that the Commissioners now happily met for this purpose, will agree upon such Measures as will be acceptable to both Parliaments; and may perfect an indissoluble Union between the two Nations, which Her Majesty thinks the most likely Means under Heaven to establish the Monarchy, secure the Peace, and encrease the Trade, Wealth and Happiness of both Nations.

The Heads of this Treaty are so obvious, that Her Majesty does not think it necessary to Name them, but Her Majesty recommends it to the Commissioners, to make such Proposals mutually on this Subject, as shall occur to them, and may be most likely to bring this Treaty to a happy and speedy Conclusion.

And Her Majesty earnestly wishes for Her own Honour, and the Welfare of Her Subjects, That this Union may be established on such solid Foundations, as that the Breach of it may be as impossible as humane Councils can make it. Given at the Court of St. James's the 16th November 1702.

To the Commissioners appointed for Treating of an Union be|tween the two Kingdoms.

After reading of this Letter, the Lord Keeper proposed the fol|lowing Overtures, as the Rule of the Method of their proceeding, which were agreed to, and are as follow.

• 1. That all Proposals, mutually to be made, shall be offered in Writing.
• 2. That no Proposals so made shall be debated the same day.
• 3. That all Debates shall be by word of Mouth, and not in Writing.
• 4. That every Point that shall be agreed on shall be reduced in Writ|ing.
• 5. That no Point though agreed on and reduced into Writing, shall be obligatory on either side, till all Matters be adjusted in such manner as shall be proper to be laid before the Queen & the two Parliaments.

And then they Adjourned till Friday.

Die Veneris 20 November 1702.

THE Commissioners met, and the Scots gave in two Additional Prelimi|nary Articles, One of them Explanatory of the 5th of these given in by the Lord Keeper; The other about the Minutes, which were both a|greed on by the English, and are as follows.

• 6. That these Matters tho so adjusted as may be proper to be laid before the Queen and the two Parliaments, shall not be binding till Ap|prov'd and Ratified in the said Parliaments.
• 7. That there be a Committee appointed, consisting of a certain Number of each Side, to revise the Minutes of what passes, which are not to be inserted by the Secretaries in their respective Books, but by the Order of the said Committee.

Then the Lord Keeper gave in thir Proposals about the Subject of the Treaty, viz.

That the two Kingdoms be united into one, by the Name of the King|dom of Great-Britain, &c.

That the Succession to the Monarchy of this united Kingdom of Great-Britain, shall be according to the Limitations mentioned in the Act of Parliament made in England in the 12th and 13th Year of the Reign of the late K. William, Intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject.

And the Duke of Queensberry gave in for the Scots these following.

• 1. The uniting of the two Kingdoms into one Monarchy.
• 2. The Representing both Kingdoms in one Parliament.
• 3. The mutual Communication of Trade, and all other Privileges and Advantages.

These are the General Articles, in which it is proposed, That the two Kingdoms may be United; There will be certain other Articles and pro|per Reservations which may be offered afterwards.

These Proposales were read twice, and Ordered to be Exchanged, and to be considered against the next Meeting, which was appointed to be on Wednesday thereafter.

Die Mercurii 25. Novemb. 1702.

THE Commissioners met, the Lord Keeper moved, That the 6th Preli|minary Article which had been proposed and agreed on at the pre|ceeding Meeting might be considered, upon which the Lords Commissio|ners for Scotland withdrew, and within a little returning, the Duke of Queensberry acquainted the Lords Commissioners for England, That they were satisfied the 6th Article should be laid aside, providing something might be found out to satisfie their Difficulty as to the 5th Article.

Agreed, That the 6th Article be laid aside, and that there be added to the 5th these Words, For their Approbation.

Agreed, That to the 7th Article about the Committees, these words be added, Having first made Report thereof to their respective Commissioners, and received their Approbation of the same.

Then were nominate the Commissioners for the Committee.

Of the Scots Commissioners, Viscount of Stair, Lord President of the Session, and the Lord Treasurer-deput, or any two of them. And of the English, Sir John Cook, Mr. Godolphin, and Mr. Clark. or any two of them.

The Duke of Queensberry acquainted the English Commissioners, That they had prepared an Answer to the Proposal given in by their Lordships at their preceeding Meeting; The Tenor whereof follows.

The Commissioners for the Kingdom of Scotland do agree, That the Kingdoms be united into One by the Name of the Kingdom of Great-Britain, and that the Succession to the Monarchy of this United Kingdom of Great-Britain, in Default of the Issue of the Body of Her Majesty Q. ANNE (which GOD forbid) shall descend on Princess Sophia Electoress Dowager of Hannover, and remain to Her and the Heirs of Her Body be|ing Protestants (secluding all Papists) for ever, conform to the Act of Parliament made in England in the 12th and 13th Year of the Reign of the late King William, Intituled, An Act for the further Limitation of the Grown, and the better securing the Rights and Liberties of the Subjects, Re|serving the other Conditions and Provisions contained in the above-men|tioned Act, to be considered in the further progress of the Treaty, in or|der to be adapted to the Constitutions and Laws of both Kingdoms.

Then the Lord Keeper acquainted the Scots Commissioners, That they had prepared an Answer to two of the Articles proposed by their Lord|ships,

having the Third under Consideration, which was read as follows.

The Lords Commissioners for England, have taken into their Conside|ration two of the three Articles offered by your Lordships on the part of Scotland, viz. 1. The Uniting the two Kingdoms into one Monarchy. 2. The Representing both Kingdoms in one Parliament, and are come to the following Resolution. That there can be no doubt of their Lordships a|greeing to the First Article, it being comprehended in what their Lordships have offered. That as to the 2d. Article their Lordships agree to the Proposition in general, reserving to their future Consideration such Proposals as shall be offered to make it practicable.

My Lord Duke of Quensberry Moved, That since they had given their Lordships a full Answer to the Proposals offered by them at their preceed|ing Meeting, and have only received their Lordships Answer to two of the Three Articles proposed by them, that nothing should be entred by the Secretarys in their Books till they have an answer to their Third Ar|ticle, about the Communication of Trade, which was agreed to:

And then they adjourned to Monday the 30th Novemb, at 6 in the E|vening 1702.

Die Lunae 30th Novemb. 1702.

THE Commissioners met, the Lord Keeper of England acquainted the Lords Commissioners for Scotland, that they had prepared an An|swer to the third Article offered by their Lordships about the Communi|cation of Trade, and a Proposal relating to the same, both which were read as follows.

The Lords Commissioners for England, have taken into their Considera|tion the 3d Article proposed by your Lordships, viz. The mutual Com|munication of Trade and other Privileges and Advantages, and are come to this Resolution.

Their Lordships agree, That a mutual Communication of Trade and other Privileges and Advantages, is proper and reasonable in a compleat Union of the two Kingdoms.

Their Lordships propose, That your Lordships Answer to the Proposal from the Commissioners for England, which relates to the uniting the two Kingdoms in one, and settling the Succession, may together with their present Answer to the third Article be entred into the respective Books and Journals.

The Duke of Queensberry told their Lordships, That the Lords Commis|sioners for Scotland would take their Lordships Answer and Proposal into Consideration against next Meeting, and then adjourned till the next day.

Die Martis 1st. Decemb. 1702.

THE Lords Commissioners for Scotland met at the Time appointed, but there not being a Quorum of the English, they adjourned to Friday thereafter.

Die Veneris 4th December 1702.

THE Commissioners being met, the Duke of Queensberry said, That the Lords Commissioners for Scotland had some thing to offer to their Lordships, in reference to their Lordships Answer to the 3d Article about Communication of Trade, which was read as follows.

The Lords Commissioners for Scotland having taken into Consideration your Lordships Answer to the 3d Article of their Proposals, wherein your Lordships agree. That a mutual Communication of Trade and other Priviledtes and Advantages is proper and reasonable in a compleat Union of the two Kingdoms, their Lordships conceive that the uniting the two Kingdoms into a Monarchy, in one Parliament, and one Line of Succes|sion, is such an Union as Entitle the Subjects of both Kingdoms to a mu|tual Communication of Trade, and other Privileges and Advantages, and if your Lordships do acquiesce and consent to the Communication of Trade in these Terms, the Lords Commissioners for Scotland do consent that the Answer and this Addition be entred in the respective Books and Journals.

The Lords Commissioners for England withdrew to consider this, and returning within a little, the Lord Keeper offered what follows, which was read.

Their Lordships conceive that the Union cannot be compleat till the Terms are adjusted, upon which it is to be constituted, and therefore tho they allow the Communication of Trade and other Privileges to be the necessary Result of a compleat Union: yet in the Method of proceeding they must first settle with your Lordships the Terms and Conditions of the Communication of Trade and other Privileges, and they are ready to enter upon the Consideration of them in such a Method as shall be agree|ed on, and most likely to bring this particular Matter to a speedy De|termination.

They move, That their Answer to the Proposal from the Commissioners of England, which relates to the uniting the two Kingdoms into one, and settling the Succession, may be entred.

To this the Lords Commissioners for Scotland after having withdrawn for some time, and returned, made the following Answer, which was read, and agreed to by the English Commissioners.

The Lords Commissioners for Scotland are satisfied to treat the Particu|lars of the Communication of Trade, in order to adjust the same, and do agree that the Proposals and Answers mutually made on either side be entred in the respective Books and Journals in the terms of the Prelimi|naries.

Then the Duke of Queensberry offered on the part of the Lords Com|missioners for Scotland the following Proposals, which was read, and agre|ed to by the English without withdrawing.

The Lords Commissioners for Scotland propose to your Lordships, That for preparing and facilitating Matters which may occur in this Treaty, there may be a Committee consisting of 4 or 5 Persons of either King|dom Nominate from time to time, to meet and discourse the Points that may properly fall in to be considered in this Treaty, and to report what hath past to the respective Commissioners, that in the General Meet|ing they may proceed with the greater Unanimity and Dispatch.

Resolved, That this Committee consist of Six of each Side, who were named as follows; Of the Scots Commissioners, M. of Annandale, D. of Argyle, E. of Seafield, V. of Tarbat, V. of Stair, Sir Patrick Johnstoun, or any three of them. Of the English Commissioners, Arch-Bishop of York, E. of Carlisle, E. of Scarborrough, Lord Chief Justice Trever, Sir John Cook, Mr. Godolphin, or any three of them.

Adjourned to the 9th Instant, Committees to meet on Monday the 7th instant at 10 in the Forenoon.

Die Mercurii 9th December 1702.

THE Duke of Queensberry on the part of the Lords Commissioners for Scot|land, made the following Proposals.

• 1. That there be a free Trade betwixt the two Kingdoms without any Imposition or Distinction.
• 2. That both Kingdoms be under the same Regulation, and lyable to equal Impositions for Importation and Exportation, and that a Book of Rates be Adjusted for both.
• 3. That the Subjects of both Kingdoms and their Seamen, and shipping have equal Feeedom of Trade and Commerce to and from the Plantations, and be under the same Regulations.
• 4. That the Acts of Navigation, and all other Laws in either King|dom, in so far as contrary to, or inconsistent with any of the above-men|tioned Proposals be rescinded.
• 5. That neither Kingdom be burdened with Debts contracted, or to be contracted by the other before the Union, and that the equality of Impo|sitions in the 2d Proposal be understood with an Exception of Impositions laid on or appropriate by the Parliament of England for payment of their Debts, or if an Equality be thought necessary, that there be allowed to Scotland an Equivalent.
• 6. That the former Proposals are made without prejudice to the Com|panies or Manufactories of either Kingdom, which are reserved to further Consideration in the Progress of this Treaty.

The Lords Commissioners for England took these Proposals to Conside|ration.

Resolved, That the former Committee be revived, and that they have power to meet any time before the general Meeting, and discourse on the subject of the above Proposals, and report to the respective Commissi|oners.

Resolved, That two of each Side be added to the Committee, the Quo|rum continuing as before.

Nominate by the Lords Commissioners

• For SCOTLAND.
  • Lord Boyle.
  • Lord President of the Session.
• For ENGLAND.
  • E. of Burlingtoun.
  • Samuel Clerk Esq.

And then they Adjourned to Monday the 14 December.

Die Lunae 14 December 1702.

THE Lord Keeper acquainted the Lords Commissioners for Scotland, That having been taken up with publick Business since the last Meet|ing, they had not prepared Answers to the Proposals then offered by them, but that they should endeavour to have them ready against the next.

He also acquainted their Lordships, That Her Majesty designs to Ho|nour this Meeting with Her Presence; And moved, That the Proposals made on either Side since the Commencement of the Treaty, and the Resolutions taken thereupon, should be read over to Her Majesty.

Within a little Her Majesty came in, and being set in Her Chamber, spoke to the Lords Commissioners to this Purpose.

My Lords,

I Am fully perswaded, that the Union of the two Kingdoms will prove the Happiness of Both; and render this Island more formidable than it has been in past Ages; That I wish this Treaty may be brought to a good and speedy Conclusion, I am come to know what Progress you have made in it, and I do assure you nothing shall be wanting on my part to bring it to Perfection.

The Lord Keeper told Her Majesty, That what was then under Consi|deration, was, some Proposals offered on the part of their Lordships for Scotland about Trade, to which they had not yet prepared an Answer, but desired to know if Her Majesty would hear read the Proposals for|merly given on either Side, and the Resolutions taken thereupon, which Her Majesty allowed.

After reading whereof, Her Majesty went away, and the Commissio|ners adjourned to the 16th Instant.

Die Mercurii 16th Decemb. 1702.

THE Commissioners met, and the Lord Keeper in name of the English Commissioners gave in the following Paper to the Lords Commissio|ners for Scotland, which was read, as follows.

Some Considerations of the Lords Commissioners for England upon the

Proposals delivered by the Lords Commissioners for Scotland on the 9th instant, to be proposed as the Subject Matter of Debate between the Lords Commissioners of both Kingdoms.

As to the First Article, Their Lordships are of Opinion that there be a free Trade between the two Kingdoms, for the Native Commodities of the Growth, Product or Manufactory of the respective Countries, with an Exception of Wooll, Sheep and Sheep Fells, and without any Distincti|on or Imposition other than equal Duties upon the home Consumption re|spectively: Their Lordships being of Opinion, that the Trade between the two Kingdoms cannot be upon an equal Foot, unless the said Duties and Impositions be the same in Scotland as in England.

And this Article respecting a Coast-Trade, it seems reasonable for their Lordships to insist, That the Master, Mariner and Goods should be un|der the same Securities, Penalties and Regulations, as are in that case provided by the Laws in England.

As to the 2d Article, it seems reasonable; But their Lordships offer, that it will be necessary therein to add a Provision, That not only the Im|positions on Trade, but the Prohibitions be the same on both Sides, in re|spect as well of Importations as Exportations.

As to the 3d Article, Their Lordships say, That the Plantations are the Property of English Men, and that this Trade is of so great a Consequence, and so beneficial, as not to be communicated, as is proposed till all other Particulars which shall be thought necessary to this Union be adjusted; And as the Case now stands by Law, no European Goods can be carried to the English Plantations, but what have been first landed in England, ex|cept Salt, Irish and Scots Provisions, Servants and Horses, Madera Wine, and Wine of the Azores; nor can the Product of the Plantations be carryed to other Parts of Europe till it be first landed in England. Their Lordships further offer, That in this Article, it will be necessary to make Provision, that the Subjects of Scotland shall be lyable to be pressed for the Sea, in the same manner as the English Subjects are in time of War for Her Maje|sty's Service.

As to the 4th Article, Their Lordships agree that an Act of Navigation must be granted in both Kingdoms adapted to the Terms of the Union.

As to the 5th Article, their Lordships say, That the Proposals therein|contained seems to contradict what was granted by the 2d Article, in as much as there is no Duty subsisting on Trade (excepting only on some Funds for the Civil Government) but what is appropriated to the pay|ment of the Debts of the Nation; That tho the said Debts have been contracted by a long War entred into; More particularly for the Preser|vation of England, and the Dominions thereto belonging; Yet that Scot|land has tasted of the Benefites which have accrued to Great-Britain in general, from the Opposition that hath been made to the Growth and Power of France; That such Burdens will be abundantly recompensed to Scotland by a compleat Union: To which compleat Union as a free Communication of Trade is essential, so such a free Communication of Trade cannot be established with Equality, unless the same Duties both

upon Foreign Trade and Home Consumption be levied on both King|doms: But how the Sums of Money thereby arising within the said Re|alm shall be applyed, or what Equivalent is to be allowed in the Room thereof, may be settled when your Lordships are ready to offer what Pro|portion of the publick Burdens Scotland proposes to bear towards the fu|ture Support of the Government both in times of Peace and War.

As to the 6th Article, their Lordships say, That it requires to be further explained, before they can be ready to give any answer to it.

After giving in the above Proposals, in answer to the last Proposal made by Scotland, the English desired a Day for a Conference on both might be appointed, which was accordingly appointed on Saturday next.

Die Saturni 19th December 1702.

THE Commissioners on both Sides had a full Conference upon the Subject of the Communication of Trade in the foresaids Proposals and An|swers, which was very amicable, and their Lordships for England agre|ed to all the Proposals made by their Lordships for Scotland, and a Com|mittee was appointed to draw up the Resolutions taken thereupon, to be offered at their next Meeting on Wednesday the 23 instant.

Die Mercurii 23d December 1702,

THE Committee having met to draw up the Result of the Conference of the 19th Instant, to have been this day presented to the general Meet|ing: and there not being a Quorum of the English, they adjourned to the 29th instant.

Die Martis 29th December 1702.

A Quorum of the Scots Commissioners being met at the usual Place of Meeting, and there not being a Quorum of the English, they adjour|ned to the 30 instant.

These frequent Disappointments seeming to denote an Indifferency on the part of the English, the Scots began to signifie their Impatience, so as severals of them threatned to return to Scotland.

Die Mercurii 30 December 1702.

THE Commissioners met, and at their taking their Places, the Lord Keeper said, their Lordships of England had taken Notice of the publishing of some of their Proceedings in the Flying-Post, which they thought not Convenient, and therefore had ordered their Secretary not to give out any Copies of their Proceedings, and desired their Lordships for Scotland would do the like, which was agreed to. And then

The Lord Keeper offered a Paper, containing the Result of the last Con|ference in the Proposals made by the Lords Commissioners for Scotland a|bout Trade. And the Duke of Queensberry offered another, which were both read: The English in the following Terms.

Agreed by the Lords Commissioners of both Kingdoms in the terms of the Preliminaries, and to take effect when the Union shall be compleat|ed.

• 1. That there be a free Trade between all the Subjects of the Island of Great-Britain, without any Distinction, in the same manner as is now practised from one part of England to another, and that the Masters, Ma|riners, and Goods be under the same Securities and Penalties in the Coasting-Trade.
• 2. That both Kingdoms be under the same Regulations and Prohibi|tions, and lyable to equal Impositions for Importation and Exportation, and upon the home Consumption, and that a Book of Rates be adjusted for both.
• 3. That the Subjects of both Kingdoms, and their Seamen and Shipping, have equal Freedom of Trade and Commerce to and from the Plantations, under such and the same Regulations and Restrictions as are and will be necessary for preserving the said Trade of Great-Britain, and that the Seamen of Scotland be equally lyable to the publick Service, as the Sea|men of England now are.
• 4. That such Laws, Part or Parts of the Act of Navigation, or of any other Law now in force in either Kingdom, as shall be contrary to, or inconsistent with the Union, shall be on both sides repealed.

The Paper offered by the Scots differed only materially from this in that in the second Article, the Words (and upon the Home Consumpt) were left out, and so need not to be inserted.

After reading of which, the Scots Commissioners withdrew, and return|ing within a little, the Duke of Queensberry told their Lordships for En|gland, that they had taken notice of some things in the Paper offered by their Lordships, which did not seem properly to fall under the Head of Trade, as the Duties on Home Consumpt; The English insisted that it did. So it was moved that there should be a Conference on this Mat|ter Saturday next.

Die Saturni Januar. 2. 1702/3.

AT the Conference the following Articles were agreed on, and ordered to be insert in the Journals, the English having been satisfied that the Imposition on Home Consumpt should be reserved to a Conference at next Meeting, which was appointed to be upon Monday thereafter.

Agreed by the Lords Commissioners for both Kingdoms in the Terms of the Preliminaries, and to take place when the Union shall be compleated.

• 1. That there be a free Trade between all the Subjects of the Island of Great-Britain without any Distinction in the same manner as is now prac|tised from one part of England to another, and that the Masters, Mari|ners, and Goods be under the same Securities and Penalties in the Coast|ing Trade.
• 2. That both Kingdoms be under the same Regulations and Prohibiti|ons, and lyable to equal Impositions for Importation and Exportation, and that a Book of Rates be adjusted for both.
• 3. That the Subjects of both Kingdoms and their Seamen, and Ship|ping have equal Freedom of Trade and Commerce to and from the Plan|tations, under such and the same Regulations and Restrictions as are and will be necessary for preserving the said Trade of Great-Britain; And that the Seamen of Scotland be equally lyable to the publick Service, as the Seamen of England now are.
• 4. Such Laws, Part or Parts of the Act of Navigation, or of any other Law now in force in either Kingdom, as shall be contrary to, or incon|fistent with the Terms of the Union, shall be on both sides repealed, and that an Act of Navigation be framed and adapted to the Terms of the Union.

Die Lunae 4 Januar. 1702/3.

THE Lords Commissioners & from Scotland being met, there not being a Quorum of the English, they adjourned to the 8th Instant, and upon the like Disappointments on the part of the English, hhey further Ad|journed three several times without doing any Business, he last of which was to the 12th instant.

Die Martis 12th Januar. 1702/3.

THE Commissioners of both Sides being met, they had a long Confe|rence in relation to the Home Consumpt, in which the English seemed

positive, that an Equality of Impositions throughout the united Kingdom as absolutely necessary, but seemed inclinable to condescend, That Scot|land should be exempted from all Excises and Duties laid on for payment of Debts contracted by England before the Union, but that Scotland should be subject to such Duties as should be laid on for Exigences after the Uni|on, and adjourned to the 18th instant.

Die Lunae 18th. Januar. 1702/3.

THE Duke of Queensberry for the Lords Commissioners for Scotland, acquainted their Lordships of England, That they had drawn up some Articles, as the Result of their last Conference, in which they had yielded as much in the several Points therein-mentioned as possibly they could; Which Articles were read, and taken into Consideration by the Lords Commissioners for England against the next Meeting, which was appointed to be upon the 20 instant.

Follows the Articles offered by the Scots.

• 1. That neither Kingdom be burdened with Debts contracted or to be contracted by the other before the Union, And that no other or greater Excise or other Duties on Home Consumption, or Inland Taxes be rais|ed or imposed within that part of the united Kingdom now called Scot|land, than these now on Foot there, till the Debts of England contracted or to be contracted before the Union be fully satisfied and paid.
• 2. That after Payment of the English Debts as aforesaid, that part of Britain now called Scotland, shall be subject to the Survey of the Parlia|ment of Great-Britain, and be lyable to such Excise, and other Home Duties as shall by the said Parliament be thought just and suitable to the Circumstances of that part of the united Kingdom for the time; Pro|vided, that the Proportion of Inland Duties and Impositions of that part of the United Kingdom, shall not then or ever after be more than that of the Neighbouring Counties of the now Kingdom of England.
• 3. If any Goods or Merchandize of the Native Product of Scotland, not lyable to any Excise or Imposition there, shall be transported from Scot|land to England by Sea or Land, the saids Goods and Merchandice when brought into England shall be lyable to the same Duties, and no other, which might have been raised or exacted if they had been of the Native Product of England.
• 4. As an Equivalent to Scotland for becoming subject to the same Re|gulations with England in Export and Import, and for the Encourage|ment of Fishing and Trade, and Manufactorie in Scotland, That out of some effectual Branch of the Revenue arising from that part of Britain now called Scotland, There be 10000 lib. yearly after compleating the Union, appropriated towards carrying on the Fisherie, and improving the Manufactures and Native Product there, as shall be directed and or|dered by Commissioners and Trustees to be named for that purpose.
• ...

• 5. That 48000 lib. shall be reckoned as the just Proportion of Scotland in the 4 lib. Rate of Land-Tax, and so proportionally in all Land-Tax|es in time coming.

Die Veneris 22. Januar. 1702/3.

THere not being a Quorum of the English, and the Scots being met in their own Chamber in the Cock-pit; The Marquess of Normanbie and Earls of Pembroke and Notinghame came unto them from such of the En|glish Commissioners as were met in the Council Chamber, to signifie that they were so much ashamed of the frequent Disappointments they had given them, That for preventing the like for the future, they had resolved amongst themselves to apply to Her Majesty for a new Commission under the Broad Seal, in which Seven might be named a Quorum.

After these Lords withdrew, the Scots Commissioners considered the Proposition, and having caused read their own Commission, by which they are authorized to Treat with Commissioners to be named by Her Majesty under the Broad-Seal of England, their sufficient Number, which is not specified; They thought themselves sufficiently warranted to Treat with that Number of the English which should be determined by the Com|mission under the Great-Seal of England, and of this they acquainted the English by the Marquess of Annandale, Earl of Seafield and Viscount of Tarbat, and then adjourned to Saturday the 23 instant.

Die Saturni 23. Januar. 1702/3.

THE Commissioners being met, the English gave in a new Commission under the Broad-Seal of England, whereby Seven were appointed a Quorum; And the same being read, the Lord Keeper offered in Writ|ing the following Considerations upon the Articles, in reference to Home Consumpt offered by their Lordships of Scotland on the 18th: Which Considerations being read, were by the Scots Commissioners taken into Consideration till next Meeting, which was appointed on the 27th instant, and a Conference appointed on the 26th instant.

Follows the Considerations offered by the English.

• 1. AS to the former part of the first Article, viz. That neither Kingdom be burdened with the Debts contracted, or to be contracted by the other before the Union, it being the same in terminis with the 5th Proposition delivered by your Lordships on the 9th December; the Ob|servation made then may suffice for a Reply to it now, viz. That tho the Debts of England have been contracted by a long War, entred into more particularly for the Preservation of England, and the Dominions thereto belonging, yet Scotland has had its Share in the Benefits which

• have accrued to Great-Britain in general from the Opposition that has been made to the Growth and Power of France, and have encreased the Number of their Seamen considerably, by the Imployment they had in the Coast-Trade of England during the War. But as it is necessary they should be under equal Impositions with regard to the Ballance of Trade, and Manufactories when the Kingdoms shall be united, and a free Com|munication of Native Product settled, so it may be reasonable that the Money so raised upon that part which is now called Scotland, should be applyed to the Security and Protection of Scotland, and the Trade thereof; nor does it follow, That because the Duties now raised on particular Funds in England are appropriate for payment of Debts; That therefore when the like Duties are laid on in Scotland, they must be applyed in the same manner, but for their Lordships to propose that there be no other Duty in Scotland than these now on Foot there, till the Debts in England con|tracted, or to be contracted before the Union be fully satisfied and paid, setts the present Trade on an equal Foot, (which is intended by an equality of Impositions) at such a distance, as gives little hopes to any now alive of coming at it, For one of the nine Pences on Beer and Ale being the Fund of the first Million Act, Anno 4 and 5. of the late King and Queen, was granted for 99 years; One Nine Pences more (which is the Fund of the Lottery) for about eight years yet to come; One nine Pence more (which is the Bank-Fund) Inheritance to the Crown, as are also the several Duties upon Salt, and half that on Stamped Paper, tho' in these latter Duties there are Clauses of Provision for Redemption, but whilst it is insisted, That there shall be no other nor greater in Scotland than are already paid there, it may be presumed that these already men|tioned, are enough to prevent the necessity of enquiring into the Number or Proportion of what they have in Scotland, where if by Exemption from such Duties, a Clothier can subsist himself at 4d per diem, whereas he cannot subsist in England under 8d per diem; Then all such Manufactu|res who shall go thither; will be able to undersell, and consequently out|trade those that stay in England half in half in what relates to their La|bour, by subsisting so much cheaper; But the Workmanship of every pound of Wooll made in Cloth, advances the value of it near Nine Parts in Ten for its first Cost.
• 2. As to the second Article, their Lordships say, That Duties upon the Home Consumption require to be equally laid on all the parts of the U|nited Kingdoms; Nor do the Northern Counties of England pay less Duties of Excise (as seems here suggested) than the Mid-land, but rather more in Proportion to the value of their Counties and Commodities ex|cised.
• 3. As to the Third Article, it is needless to debate upon it till the first be settled, these two depending the one upon the other; If indeed the Lords Commissioners for England should think it expedient to exempt Home-Consumption of Scotland from any new Duties for some reasonable Period of Time, till that Kingdom began to reap the benefite of the free Com|munication of Trade intended by the Union, Then their Lordships will insist, that such Commodities as pay Duties in England may be cleared with the same Duties when they are exported or brought out of Scotland into England, & upon some other Provisions which will be requisite to pre|vent Frauds in Her Majesties Revenues.
• ...

• 4. As to the 4th Article, The Lords Commissioners for England say, That the free Communication, especially of the Foreign Trade, to which in the terms of the Preliminaries their Lordships have assented, is so great a Benefite to Scotland, that they did not expect an Equivalent should have been mentioned, for the equality of Imposition on Importation and Ex|portation; Besides, their Lordships say, your Lordships have already a|greed upon an equality of Impositions as to Foreign Trade, both as to Ex|portation and Importation.
• 5. As to the 5th Article, It will be impossible to determine this Point till their Lordships shall be informed of the value of the Lands in Scotland, and this may be further debated when their Members or Representatives in the Parliament of Great-Britain shall be settled.

Die Mercurii 27. Januar. 1702/3.

THE Commissioners for the Conference having met on the 26 Instant, The Scots Commissioners thought it best to give Answers in Writ|ing to the Considerations offered by the English, which might be entred in the Books with the Considerations, and gave them in accordingly, which prevented the Conference, for the English desired to consider the Answers till next Meeting, which was appointed on the 28 instant.

Die Jovis 28th Januar. 1702/3.

THE Commissioners having met, the Lord President on the part of the Lords Commissioners for England, offered the following Paper, as their Lordships Sense of the Conference at the preceeding Meeting, which was read as follows.

The Lords Commissioners for England agree, that neither Kingdom shall be burdened with the Debts of the other, contracted before the Union, and that no Duties on Home Consumption, or Taxes to be levyed from Scot|land, shall be applyed for payment of the English Debts; and whatever time may be fit to be allowed to Scotland to reap the benefite of the Com|munication of Trade, and enable them the better to pay Duties on Home Consumption equal to England, is most proper to be determined in the respective Parliaments of both Kingdoms.

Then his Lordship offered on the part of the Lords Commissioners for England an Answer to the Proposition made at the last Meeting by their Lordships of Scotland: Which was read as follows.

As to the last Proposition delivered the 27th Instant, their Lordships say, It has been found by Experience, That two Companies existing to|gether in the same Kingdom, and carrying on the same Traffick, are de|structive to Trade, and are therefore of Opinion, that to agree with this Proposition, will be inconsistent with the Interest of Great-Britain.

The Lords Commissioners for Scotland withdrew to consider these Pa|pers, and returning to the Council Chamber, My Lord Duke of Queens|berry acquainted their Lordships of England, That the Lords Commissioners for Scotland would consider their Lordships Answer to their Proposi|tion about the Company against the next Meeting; That they had now prepared for their Lordships what they took to be their Sense of the Pa|per they had received from their Lordships, which was read as follows.

The Lords Commissioners for Scotland understand the Paper given in by their Lordships in this Sense; That neither Kingdoms shall be bur|dened with the Debts of the other contracted before the Union, and that no Duties on Home Consumption, or Taxes to be levyed from Scotland shall be applyed to the payment of English Debts, and that a Time be al|lowed to Scotland to reap the Benefite of the Communication of Trade, be|fore that Kingdom become lyable to pay other or greater Duties on Home Consumption, or Inland Taxes, than those now on Foot: And that it is most proper to be determined by the respective Parliaments of both Kingdoms how long that Time of Exemption shall subsist: This Paper their Lordships of England took into Consideration against next Meeting.

The Duke of Queensberry moved, That since they were so near agree|ing on this Matter, which was only the first of the Articles offered on the 18th Instant, that they should proceed to the Consideration of the o|ther Articles.

And accordingly the 2d of the said Articles was read, and the Consi|deration and Answers relative thereto were spoke to by the Lords Com|missioners on both sides; But before coming to any Resolution, their Lordships adjourned to the 30th Instant.

Die Saturni 30th Januar. 1702/3.

THe Commissioners having met, the Lord President of the Council on the part of the Lords Commissioners for England, acquainted their Lordships of Scotland, that they had drawn up an Article in reference to the matter, which had been the Subject of Conference at the two last Meet|ings, which he hoped would give their Lordships full Sarisfaction.

The said Article was read, and the saids Commissioners for Scotland ha|ving withdrawn to consider the same, and returning to the Council-Chamber, My Lord Duke of Queensberry acquainted their Lordships of England, That the Lords Commissioners for Scotland had agreed to the Article as given in by their Lordships, understanding their Lordships Sense of the last Clause to be such, as that it relates to the Length of the Time to be allowed to Scotland.

Ordered, That the said Article be insert in the Journals of this Day, as agreed on between the Lords Commissioners of both Kingdoms.

Agreed by the said Commissioners of both Kingdoms, That neither Kingdom shall be burdened with the Debts of the other contracted before

the Union, and that no Duties on Home Consumption, or Taxes to be levied from Scotland, shall be applyed to the Payment of English Debts. And that some time is to be allowed to Scotland to reap the Benefite of the Communication of Trade, and enable them the better to pay Duties on Home Consumption equal to England, but that it is most proper to be determined in the respective Parliaments of both Kingdoms.

Ordered, That the Journals of what has been transacted hitherto be made ready by the Secretaries, to be read over at the general Meeting, appointed to be on Monday the first of February.

Die Lunae 1st. Febr. 1702/3.

THE Lords Commissioners having met, The L. Duke of Queensberry moved on the part of the Lords Commissioners for Scotland; That the first of the Proposals offered on the 18th of January being adjusted, they should pro|ceed to the Consideration of the other Articles, whereupon the second and subsequent Articles were read severally, and spoke to by the Lords Commissioners on both Sides, but their Lordships came to no Resolution on any of these Articles.

The Duke of Queensberry acquainted the Lords Commissioners for En|gland, that their Lordships of Scotland having considered their Lordships Answer to their Proposition of the 27th of January, about the Company Trading to Africa and the Indies; They did offer to their Lordships the following Paper, which was read, and taken into Consideration by the Lords Commissioners for England, and is as follows.

By the Lords Commissioners for Scotland.

• THeir Lordships do still insist for Preserving and Securing the Privi|leges of the Scots Company trading to Africa and the Indies, Because the Undertakers did on the publick Faith of the Kingdom, advance a Stock of 200000 lib. or thereby; And it is not unknown to your Lordships, what part the Generality of the Kingdom, and also the Parliament of Scotland did take in the Discouragements and Disappointments the said Company did receive, as is fully expressed in the Address of the Parlia|ment to the late King.
• 2. Their Lordships conceive, That the Privileges of the Scots Company may consist with the English East India Company, or any other English Company which are circumscribed to the present Limits of England; And it is not proposed that the Privileges of the Scots Company should be ex|tended beyond the Bounds of Scotland, so the several Companies do not interfere.
• 3. If the existing of Companies for carrying on the same Traffick, do appear to your Lordships destructive of Trade: It is not expected that your Lordships will insist, that therefore the Privileges of the Scots Com|pany should be abandon'd, without offering at the same time to purchase their Right at the publick Expence.

And then they adjourned to Wednesday the 3d Instant.

Die Mercurii 3d. Februar. 1702/3.

THE Commissioners having met, and there being a Letter from the Queen to Adjourn their Meeting,

In the Name of the Commissioners for England said; That since Her Majesty is pleased to adjourn our Meeting, there are something so essen|tially necessary to compleat the Union of the two Kingdoms, that we think our selves obliged to mention them before we part: That on both sides we may come the better prepared to settle them at our next Meeting, particularly the Constitution of the Parliament, the Affairs of the Church, and the Municipal Laws and Judicatories of Scotland, for the Securitie of the Properties of the Subjects of that Kingdom.

And then the Queen's Letter adjourning them to the 4th of October next was read, as follows.

A. R.

RIght Trustie, and right intirely beloved Cousins and Counsellors, Right Trustie and right well beloved Cousins and Counsellors, Right Trustie and well beloved Counsellors, and Trustie and well beloved; We Greet you well: We are extreamly pleased with the Accounts We have received from time to time in your Proceedings of the Treaty of Union between Our two Kingdoms; and tho there be some very Important Matters still remaining to be adjusted (the Consi|deration whereof may require more Time than Our other weighty Affairs will now allow) yet the great Progress you have already made beyond what has been done in any former Treaties, gives Us good Hopes, that at your next Meeting, this will be brought by your good Endeavours to to an happy Conclusion to the end thereof, that ye may duly consider by your selves all such other things as may be necessary to compleat the Union; And that ye may attend upon your other Affairs in your respec|tive Stations, where Our Service requires you; We have thought sit to Adjourn, and accordingly do Adjourn your Meeting on this Treaty un|to Monday the Fourth Day of October next. Given at Our Court at St. James's the 3d Day of Februar. 170•…•….

To the Commissioners Appointed for Treating of an Union between Our two Kingdoms.

Notes

• * 28.1

  Articles of Union read,
• * 29.1

  I dissent to every one of the 25 Re|solutions, Sta—ll
• * 29.2

  I dissent to every one of the 25 Re|solutions. Gra—lle.
• * 29.3

  I dissent to every one of the 25 Re|solutions. Hav—am.
• * 29.4

  I dissent to the 4 last Resolutions having not been present at the pas|sing of the others. Geo. B—th and W—lls.
• * 31.1

  I dissent to every one of the 25 Re|solutions. Beau—t.
• * 31.2

  I dissent to the 1, 4, 5, 6, 9, 15, 18, 19, 21, 22, 23, 25th. Resolutions. Abing—n.