mation, on the ground that the information records within the kingdom. They managed was not sufficient, upon which the duke of also to slip into this article the word "supeQueensberry stated, that he had information riorities," which was intended to preserve from several corners of the kingdom of the the oppressive rights of vassalage which the great pains and methods which had been used Scottish gentry had over their people. to procure subscriptions to addresses, and to call into Edinburgh the subscribers against a precise day to back these addresses. The proclamation was agreed to, with, as usual, a protest. Next day, the twenty-second article, prescribing the number of peers and of members of the house of commons to be sent by Scotland to the united parliament, came under discussion, and was met by six difThe parliament now returned to the im- ferent protests from the duke of Athol, portant question of the equivalent, and on the earls of Buchan, Errol, and Marshal, the 30th of December they entered upon George Lockhart of Carnwath, and Walter the discussion of the African company. The Stuart, the representative of Linlithgow. commissioners of the two kingdoms had Two of these related merely to personal agreed in the treaty that the whole stock of rights, the earl of Errol protesting that his the company should be bought with a por- hereditary office of high-constable of Scottion of the fund granted by England under land should not be prejudiced by the act of the title of the equivalent, and that the union, and the earl Marshal making a company itself should then be dissolved. similar protest with regard to his office of The opposition now opposed the dissolution great marshal of Scotland. The other four of the company, urging that it was one of protests were the subject of considerable great importance for the welfare of the discussion: it was proposed that they should country, and alleging that it could only not be entered upon the rolls, and they were dissolve itself. They further demanded not made public. The numerical proportion that the company should be allowed to ap- of the Scottish representatives in the British pear by counsel and plead its own rights, parliament was a subject of considerable against the interference of parliament. It debate, but no other proportion was prowas well understood, however, that the posed, and the number as fixed by the comobject of this motion was not so much to missioners was finally agreed to. The privibenefit the company as to cause delay, and leges which were to be enjoyed by the to raise difficulties in the way of the ap- Scottish representative peers caused much proval of the act by England. The clause debate, but the questions involved, except was therefore passed without alteration, and that of exemption from processes for debt, the fate of the African company was sealed. were rather of a trivial character. The The question of the altered value of the opposition pretended that it was beneath coin, and the various other applications of the dignity of a Scottish nobleman to accept the equivalents were next discussed. On a protection against his creditors; while the 31st of December, the sixteenth, seven- they insisted with great earnestness that the teenth, and eighteenth articles of the act of noblemen who were not elected to represent union were passed. On the 3rd of January, the peerage in the English house of lords, the nineteenth article was passed, with an should have the right of sitting in some amendment to the effect-"That no writer part of the house and taking part in the to the signet be capable to be admitted a debates, though without a vote. The conlord of the session, unless he undergo a sideration of the twenty-fourth article gave private and public trial on the civil law be- rise, on the 14th of January, to a rather fore the faculty of advocates, and be found animated debate on the rank and precedency by them qualified for the above-said office of the heralds, and on the quartering of two years before they shall be named to be arms, the standards, and colours, which was a lord of the session;" and with the addi- referred to the decision of the queen. The tion-"That the qualifications made, or to keeping the honours, as they termed them be made, for capacitating persons to be (the crown, sceptre, and sword), in Scotland, named ordinary lords of session, shall be was looked upon as a material point by the alterable by the parliament of Great Britain." opposition, who tried to alarm the common The twentieth and twenty-first articles of people with apprehensions that they were the union were passed on the 6th of Jan- to be carried away to England as tokens of uary, with the addition of a clause in the surrendering the sovereignty of Scotland to first for the preservation of the Scottish the English. The concluding articles of the act of union were passed on the day just humility, to protest, that the said treaty mentioned, and on the 16th the act "ratify- may not, in any sort, prejudge the honours ing and approving the treaty of union of and privileges belonging to his grace and the two kingdoms of Scotland and England, successors, which have been the glorious was finally approved by the Scottish parlia- rewards and marks of honour to the illus ment. Before it passed, two protests were trious families of Douglas and Angus for given in which illustrate in a remarkable their loyalty, great and faithful services to manner the jealousies of the old Scottish the crown and kingdom of Scotland; and nobility. The first was expressed in the that this their protest may be received and following terms:-"We undersubscribers, marked in the minutes and records of partutors, testamentars to his grace the duke of liament." The other protest was given in Douglas, whereof three is a quorum, in by the duke of Hamilton, in these terms:name and behalf of the said duke; foras-"Forasmuch as there is a protestation made much as his grace the duke of Douglas, in behalf of the duke of Douglas, in relaand his heirs, has, by their investitures and honours of the estate of Douglas (in consideration of the great and faithful services done and performed to this crown and kingdom by his ancestors), provided to them the honour of leading the van of the armies of Scotland in the day of battle, the carrying of the crown of Scotland in processions, and giving the first vote in all parliaments, councils, or conventions in Scotland; and sicklike, by the twentieth article of union, all heretable offices are reserved to the owners as rights of property, in the same manner as they are now enjoined by the laws of Scotland, notwithstanding of this treaty; whereby his grace's foresaid offices and privileges, by parity of reason and justice, ought to be preserved. Yet, seeing the entire union of the two kingdoms will be attended with a union of their arms, crowns, and councils, whereby his grace's offices and privileges may seem to be of more difficult explication, his grace's tutors and guardians, in his pupillarity, do now, before the treaty be ratified in this parliament, judge it indispensably their duty, for his grace's interest, in his name and theirs, undersubscribers, as tutors to him, with all tion to his pretensions of having the first seat and vote in parliament; which protestation being altogether groundless, therefore I, James duke of Hamilton, do protest in the contrary, in regard that none of the said duke of Douglas his predecessors has, or enjoyed any such privilege since there were dukes or marquises created in Scotland, and my predecessors were dignified with patents of marquis and duke successively long before he or his predecessors had the same. Secondly, William earl of Angus, the said duke his predecessor, did, upon the 4th day of June, 1633, resign all right and claim that he or his predecessors or successors had, or should have, to that privilege of first sitting and voting in parliament, in his majesty's hands; which resignation is registrate in the books of parliament the 20th day of the said month of June, 1633. Thirdly, I and my predecessors have been in continual possession of having the first seat, and of first voting in parliament, and have been first called in the rolls of parliament past memory of man: and upon this protestation I take instruments, and desire the same to be insert in the records of parliament." CHAPTER XV. THE ACT OF UNION PASSES THE ENGLISH PARLIAMENT; CONCLUDING PROCEEDINGS OF THE LAST PARLIA MENT OF SCOTLAND. THE act for a union of the two kingdoms | such as probably no other measure ever en had thus at length passed through the countered. This success was no doubt owing Scottish parliament, and received its final in a great measure to the skilful manage approbation in spite of a storm of opposition ment of the duke of Queensberry; but it must Her not be denied that corruption in many forms amendments which would render it neceswas employed to gain supporters or paralyse sary that it should again pass through the opponents, and that a great portion of the parliament of Scotland, which would reject former were actuated by purely interested the amendments, and thus the act would be motives. Twenty thousand pounds of Eng- lost. And even if the act itself was not lish money, lent privately by the queen to thrown out in this way, so much time would the Scottish treasury, was distributed for be sacrificed that it could not pass until after the purpose of gaining couverts, and govern- the date at which it was fixed to come into ment missionaries were employed extensively operation. But in these expectations they throughout the country. Some of these were destined to meet with a signal disapwere sent among the Cameronians, and, pointment. The English parliament had assuming their rigid manner and senti- met in a very pliant humour on the 3rd of ments, laboured assiduously to persuade December, 1706, and the queen in opening them of the sinfulness of their coalition it told the two houses that their most imwith their old enemies the cavaliers. The portant business would be the effecting a shareholders in the African company were union between her two kingdoms. in general soothed with the inviting prospect speech on this occasion was as follows:— of a complete indemnification for their losses. The fears of the presbyterian clergy in general were appeased by the insertion in the act of treaty of the act which secured to the kirk of Scotland its presbyterian government more effectually than anything that had been done before. Others, who were not affected by any of these considerations, were tempted by the hope held out to them of sharing largely in the distribution of the equivalent. By means like these, several of the political factions were so divided as not to be able to show much strength in parliament, while the whole "squadron," with the earls of Roxburgh and Marchmont, were gained over to support the measure. In spite, however, of all these exertions, Queensberry at one moment despaired of carrying his point, and he expressed to the ministry in England a wish that he should be allowed to adjourn the parliament, in the hope of surmounting during the intermediate vacation the difficulties which seemed to be most formidable. But lord Godolphin, who then held the reins of state in England, and who felt convinced of the necessity of pressing forward the union, without seeing so near at hand the difficulties, urged him to proceed, and to encourage him, besides remitting the money already mentioned, gave directions for having forces ready both in England and Ireland, to counteract the designs of the jacobites. The opponents of the union had still one hope left, in which they seem to have indulged beyond even the probability of its fulfilment. They imagined that the act, as it then stood, could not be palatable to the English parliament, and they made no doubt, therefore, that it would receive many "My lords and gentlemen,-I hope we are all met together at this time with hearts truly thankful to Almighty God for the glorious successes with which he has blessed our arms and those of our allies through the whole course of this year, and with serious and steady resolutions to prosecute the advantages we have gained, till we reap the desired fruit of them in an honourable and durable peace. The goodness of God has brought this happy prospect so much nearer to us, that if we be not wanting to ourselves, we may, upon good grounds, hope to see such a balance of power established in Europe, that it shall no longer be at the pleasure of one prince to disturb the repose and endanger the liberties of this part of the world. A just consideration of the present posture of affairs, of the circumstances of our enemies, and the good disposition of our allies, must needs excite an uncommon zeal, and animate us to exert our utmost endeavours at this critical conjuncture. "Gentlemen of the house of commons,As I am fully persuaded you are all of this mind, so I must earnestly desire you to grant me the supplies sufficient for carrying on the war next year in so effectual a manner, that we may be able to improve everywhere the advantages of this successful campaign; and I assure you, I shall make it my business to see all you give applied to those ends with the greatest care and management. "My lords and gentlemen,-In pursuance of the powers vested in me by act of parliament both in England and Scotland, I have appointed commissioners to treat of a union between the two kingdoms; and though this be a work of such a nature as could not but be attended with great diffi culties, yet such has been the application of the commissioners, that they have concluded a treaty, which is at this time before the parliament of Scotland; and I hope the mutual advantages of an entire union of the two kingdoms will be found so apparent, that it will not be long before I shall have an opportunity of acquainting you with the success which it has met with there. Your meeting at this time being later than usual, I cannot conclude without earnestly recommending to you to give as much dispatch to the public affairs as the nature of them will admit, it being of the greatest consequence that both our friends and our enemies should be fully convinced of your firmness and the vigour of your proceedings." The act of union passed the Scottish parliament on the 16th of January, 1707, and on the 18th it was dispatched to court. To save time, the queen ordered a copy of it to be laid at the same time before each house, so that both might be proceeding with it at once. It was read in the house of commons on the 22nd of January; and, as the best way to go through the whole, it was ordered that every article should be read and voted upon singly in a committee of the whole house. In the commons, the act met with no opposition, and no amendment or alteration was proposed. In the lords there was a slight show of opposition, which ended in two or three protests. An act for the security of the church of England, which was an exact counterpart of that for the security of the church of Scotland, was also drawn up and passed, and like it, was inserted in the act. On the 4th of March, the whole act had passed both houses, and it received the queen's signature on the 6th. In giving it, she made the following speech to the parliament: "My lords and gentlemen-It is with the greatest satisfaction that I have given my assent to a bill for the uniting England and Scotland into one kingdom. I consider this union as a matter of the greatest importance to the wealth, strength, and safety of the whole island; and at the same time, as a work of so much difficulty and nicety in its own nature, that, till now, all attempts which have been made towards it in the course of above a hundred years, have proved ineffectual; and therefore I make no doubt but it will be remembered and spoke of hereafter to the honour of those who have been instrumental in bringing it to such a happy conclusion. I desire and expect from all my subjects of both nations, that from henceforth they act with all possible respect and kindness to one another, that so it may appear to all the world they have hearts disposed to become one people. This will be a great pleasure to me, and will make us all quickly sensible of the good effects of this union. And I cannot but look upon it as a particular happiness that, in my reign, so full a provision is made for the peace and quiet of my people, and for the security of our religion, by so firm an establishment of the protestant succession throughout Great Britain. "Gentlemen of the house of commons,I have this occasion to remind you of making effectual provision for the payment of the equivalent to Scotland within the time appointed by this act; and I am persuaded you will show as much readiness in this particular as you have done in all the other parts of this great work. "My lords and gentlemen,-The season of the year being now pretty far advanced, I hope you will continue the same zeal which has appeared throughout this session, in dispatching what yet remains unfinished of the public business before you." Meanwhile the parliamentary proceedings in Scotland continued, and on the 20th of January the question of the election of the members to represent Scotland in the first British parliament was entered upon. It was generally believed that the queen would, before the 1st of May (when the union was by the act to take place), declare under the great seal of England, that it was expedient that the lords of parliament of England, and commons of the present parliament of England, should be the members of the respective houses of the first parliament of Great Britain, for and on the part of Great Britain; and in anticipation of this, a resolution was now proposed in the Scottish parliament, "that the sixteen peers and forty-five commissioners for shires and boroughs, who are to be the members to the first parliament of Great Britain for and on the part of Scotland, be chosen out of this present parliament; and that the members so chosen, be the members of the first parliament of Great Britain, if her majesty shall declare, on or before the 1st day of May next, that the lords and com mons of the present parliament of England, be the members of the first parliament of Great Britain, for and on the part of Eng land." After considerable debate, and some counter-resolutions, and two protests by the duke of Hamilton, and Mr. William Cochran, this resolution was agreed to. The duke's protest was as follows:-"I, James duke of Hamilton, do hereby protest for myself, and in the name of all those who shall adhere to this my protestation, against the electing by this present parliament the sixteen peers and forty-five barons and boroughs, who are to represent Scotland in the first parliament of Great Britain, as inconsistent with the whole tenor of the twentysecond article of the treaty of union, and contrair to the express words thereof, whereby it is provided, that after the time and place of the meeting of the said parliament is appointed by her majesty's proclama- The mode of electing the peers was not tion, which time shall not be less than fifty settled without some warm debate, and days after the proclamation, a writ shall several plans were proposed. Some were for be immediately issued under the great naming certain noble families, out of which seal of Great Britain, directed to the privy the representatives were to be chosen excouncil of Scotland, for summoning the clusively, pretending that it was reasonable, sixteen peers, and for electing forty-five since the number of noblemen lately made, members, by whom Scotland is to be re- and especially in the last thirty or forty presented in the parliament of Great Bri-years, were but burdensome to the nation, tain; and farther, as utterly subversive of those families newly made noble should the right of election competent to the barons and boroughs of this kingdom, and desire this my protestation may be insert in the minutes and records of parliament, and thereupon take instruments." That of Mr. Cochran was "I, William Cochran, of Kilmaronock, do protest in my own name, and in name of all those that shall adhere to this my protestation, that the electing of members to represent this part of the united kingdom in the parliament of Great Britain, out of this present parliament, by the members of this house, is contrary to, and inconsistent with the birthrights and privileges of the barons and boroughs of Scotland; that it is contrary to the principles of common law and divers acts of parliament, and directly opposite and contradictory to the express words and meaning of two several paragraphs of the twentysecond article of the treaty of union betwixt Scotland and England, so lately ratified in this house; and I desire this my protestation may be inserted in the minutes, and recorded in the books of parliament, upon which I take instruments.' "" lating to the union, few or none of them would be named to the first British parliament, which was eventually the case. The next matter for consideration was the mode of electing the Scottish representatives, and, after a debate on the question whether it should be by ballot or by open election, it was decided in favour of the latter. It had next to be arranged what proportions the barons and boroughs shal have respectively of the forty-five members who were to sit in the house of commons of Great Britain. After some debate, it was decided, on the 26th of January, that the number of the barons, or representatives of shires, should be thirty, and that of the boroughs fifteen. These two protests were printed and spread over the kingdom, and caused some sensation. The party who opposed the union foresaw, that, as they had been outvoted in parliament on every question re relinquish this honour to the ancient no- |