the member. A motion was brought for- prietors of the African and Indian company ward to deprive peers and eldest sons of of Scotland, pari passu, with the first of peers of the capacity of election as members the public debts appointed to be payable of the house of commons, which was warmly out of the foresaid sum of £398,085 10s. discussed, and anally rejected. It was al- sterling money." This proposal was agreed leged in favour of it, that when the influence to, as well as another-"That the commisof the nobility in Scotland came to be con- sioners for the treaty in 1702, should have sidered, with the small number of members allowance of their expenses in the following to be chosen, it might eventually come to proportions: each nobleman five hundred pass that, the lords who were not elected to pounds sterling, each baron three hundred the upper house being allowed to sit in the pounds sterling, and each borough two huncommons, Scotland would be represented dred pounds sterling." only by her nobility, and that the nobility in the house of peers, and their eldest sons in the house of commons, might make up the whole representative of Scotland. Against this proposal it was urged, that it had been always allowed in Scotland before, where the eldest sons of peers might be elected, while that in England the eldest sons of peers did sit in the house of commons; and it would break in upon the rule of equalities to alter it, and put the Scottish gentlemen in a worse condition than the English. A note was finally agreed to, to let the right of being elected remain just as it had previously existed, without any altera

tion at all.

Early in February this act for regulating the manner of election was passed. On the 31st of the previous month a resolution was brought forward, which became the subject of great clamour out of doors. This resolution was "That the charge of the commissioners sent to the treaty of union on the part of the kingdom of Scotland, who met at London in pursuance of her majesty's nomination by authority of parliament, and of the allowance to the secretary of the said commission, and to the accountants appointed by the said commission, are public debts; and that there be allowed to each nobleman who attended the said treaty at London, the sum of twelve thousand pounds Scots; and to each other of the commissioners attending, the sum of six thousand pounds Scots; and to the secretary of the said commission, the sum of four thousand eight hundred pounds Scots; and to each of the three accountants named by the said commission, the sum of two thousand four hundred pounds Scots; and that the said respective sums be payed out of the sum of £398,085 10s. sterling, mentioned in the fifteenth article of the said treaty of union ratified in this parliament; and that the said sums be ranked and preferred after the sums payable to the pro

This was the first step in the distribution of the money voted for the equivalent, and it appeared so selfish to the people, who had been so much incensed against the union, that they set up a general outcry, exclaiming, that the nation might now see what their commissioners had been doing at London, and what they had been pursuing ever since they had sold their country for a sum of money, which they were beginning to share among themselves; they voted for one another, they said, the new commissioners and the old, and were now taking the money to their private uses, which they had promised should be employed in encouraging the manufactures and employing the poor, raising stocks for the woollen trade, and funds for the fishing, which were the specious pretences to cover their own greediness. As this resolution was carried easily, an attempt was made to press another for allowing the Scottish representatives their expenses in attending parliament; but this was thrown out, and appears in fact not to have found many supporters.

Parliament was next occupied with an act for the plantation of kirks and the valuation of teinds (tithes.) It had been the custom in former parliaments to grant a commission to certain of their own members to sit as a court, and to judge and determine of several things relating to the two heads of the plantation of kirks and valuation of teinds: such as the sale and valuation of teinds or tithes in the several parishes; augmentation of the stipends of ministers; prorogation of tacks, or leases of teinds; dividing or disjoining parishes, where they were too large; erecting and endowing new churches; annexing and dismembering churches, and the like. These commissions had been for some time discontinued, and all the registers and rolls of the court were lost in a great fire which happened in the Parliament-close at Edinburgh in the year 1700. This was

looked upon as a great loss to the church | Alexander Abercrombie, of Glassoch; Alexof Scotland on several accounts, and, unless ander Douglas, of Eagilshaw; and John some settlement had been made, would have Bruce, of Kinross. Of the boroughs-sir led to much confusion. It was resolved, Patrick Johnstoun, lieutenant-colonel John therefore, that all the powers formerly Erskine, Hugh Montgomery, James Scot, exercised by the commission of parliament sir John Erskine, Mr. Patrick Moncrieff, should now be conveyed to some particular sir Andrew Home, sir Peter Halket, sir court, judicatory, or body of men that James Smollet, sir David Dalrymple, Mr. should judge and determine in such cases John Clerk, Mr. Patrick Ogilvie, George as those mentioned. Some were for having Allardice, Daniel Campbell, and Mr. Alexit vested in the church itself and committed ander Maitland. to the general assembly; but it was alleged The estates had now little but private against this, that it would be equivalent business before them, and their time was to making the church judge in her own chiefly taken up with the arrangement of cause, and would put too much power into the affairs of the African company. On the the hands of the assembly. Others pro- 26th of February, the committee appointed posed that it should be left to the crown to examine into the accounts delivered its to grant commission to proper persons, as report to the parliament, and as the affairs the parliament did before; but this was of this company had exercised so extraordiobjected against as dangerous to the safety nary an influence on the fate of Scotland and constitution of the church. It was for some years, it may not be uninteresting finally committed to the lords of the session. if we give this report entire :-" The comOn the 13th of February, the house pro- mittee to whom it was remitted to consider ceeded to the election, from among their what the capital stock and interest of the own number, of the representatives to the African company may amount to, and how British parliament, each estate respectively and to whom the same shall be paid, having making their own election. The members considered the foresaid remit, with a reprechosen were:-Of the nobility-the duke sentation given in to them by the directors of Queensberry, lord high commissioner; of the said company, and the company's the earl of Seafield, lord high chancellor; books and accounts of money paid in to the marquis of Montrose, lord president of them, with the instructions relative thereto; the privy council; the marquis of Tweeddale, and a report of a sub-committee of their the marquis of Lothian, the earls of Mar and number, who did inspect and examine the Loudon, principal secretaries of state; and said company's books, with the said acthe earls of Crawfurd, Sutherland, Roxburgh, counts and instructions, and did calculate Wemyss, Leven, Stair, Roseberry, Glasgow, the sums therein contained, find, that the thesaurer-depute, and Ilay. Of the barons total capital stock advanced by the pro-William Nisbitt, of Dirletoun; John Cock-prietors of the said company, with interest burn, younger, of Ormistoun, sir John Swin- thereof at five per cent., from the respective toun, of that ilk; sir William Ker, of Green- terms at which the same was payable, to head; Archibald Douglas, of Cavers; Wil- the 1st of May, 1707, extends in all to liam Bennet, of Grubbet; Mr. John Murray, £229,482 15s. 1 d. sterling; and that the of Bowhill; Mr. John Pringle, of Haining; total accounts of the debts due by the William Morison, of Prestongrange; George company, the instructions whereof were Baillie, of Jerviswood; sir John Johnstoun, also produced to and considered by the of Westerhall; Mr. John Stuart, of Sorbie; committee, extends in principal and inMr. Francis Montgomery, of Giffan; Mr. terest, to the sum of £14,809 188. lld. William Dalrymple, of Glenmure; sir Robert sterling; both which sums together amount Pollock, of that ilk; John Hadden, of Glen- to £244,292 14s. and five-sixths of a penny agies; Mungo Grahame, of Gorthie; sir sterling; out of which sums is to be deThomas Burnet, of Leyes; sir David Ram- ducted, of money lent to several of the prosay, of Balmain; William Seton, younger, prietors, with the interest thereof, the sum of Pitmedden; Alexander Grant, younger, of £1,126 13s. 9d; so that there remains of that ilk; Hugh Ross, of Kilravock; sir yet due to the proprietors of the said comKenneth Mackenzie; Mr. John Campbell, of pany, of net balance, upon the 1st of May Mammore; sir James Campbell, of Auchin- next, the sum of £243,166 Os. 3d. sterling; breck; James Campbell, younger, of Ard- which sums the committee are of opinion kinglass; James Halyburtoun, of Pitcur; should be paid in to the company, or those

commissioned by them, out of the equiva-subscription money, with interest till the lent upon the 1st day of May next. And 1st of May next, extends to the sum of the committee are of opinion, that the £22,951 3s. 3 d.; which sum, the said court of directors and council-general nomi- committee are of opinion, needs not to be nate some particular persons, who shall be sought in from the said debitors, in regard authorised to receive the haill capital stock the same behoved to be paid back to them, and interest payable to the company, from and would increase the capital stock due to the commissioners to be appointed for the the company. And the committee find, equivalent, and who shall be empowered to that the dead stock belonging to the said grant a discharge thereof, with absolute company, and consisting of the ship Calewarrandice; and that the said persons so to donia, lying in the river of Clyde, with be named, in conjunction with a committee her furniture, guns, and apparelling; that of parliament, to be named as overseers, lodging at the back of Milns-square, over shall be liable for the said money being against the Tron kirk, with some little truly applied and paid to the proprietors household plenishing therein, and the comwithout loss, delay, or defalcation; and that the receipts granted by the company's cashiers, or extracts of the proprietors' payment out of their books, shall be a sufficient instruction of each man's share, to entitle them to demand payment thereof, which extracts shall be given gratis; and that the certificate, or extract out of their books, shall be a sufficient warrant for a charge of horning for payment of their shares, against the persons to be named who receive the money. And the committee are of opinion, that Gavin Plummer and Andrew Cockburn, who were cashiers of the said company when the sums of money foresaid were paid in to the company, should now be the cashiers and tellers for receiving the sums above written from the commissioners of the equivalent, and for paying out and delivering the same to the respective proprietors and others deriving right from them, upon the said Gavin Plummer and Andrew Cockburn, their finding sufficient caution of their faithfulness in performing the premises in the same manner as they found formerly; and in case the said sum be not paid at the said 1st of May next, to the persons foresaid, then, and in that case, the committee are of opinion, that the sum of £155,054 15s. and two-thirds of a penny, as a part of the said total sum due and payable at the said 1st day of May next, should bear annual rent from and after the said 1st day of May, during the nonpayment thereof; and that the annual rent after the 1st of May foresaid, effeiring (belonging) to the said sum of £155,054 15s. and two-thirds of a penny, should be paid out of the equivalent, in the same manner, and to the same persons, as the principal sum and annual rents due before the said 1st of May next. And also the committee find, that the debts due to the company, by the proprietors, of their

pany's share of the cargo of the Speedwell, shipwrecked in the East Indies, effeiring to the stock of six hundred pounds sterling; with the burden of cellar-rent of the stores of the Caledonia, and the expenses of keeping the said ship after the 1st of May; and of the freight, seamen, and factors' wages of the said cargo of the Speedwell, and other supervenient charges upon the said ship and cargo, doth, in the whole, extend to £1,654 11s. and two-thirds of a penny sterling; as to which, the committee having considered, that the commissioners of the council-general and directors, who are to receive the money, and grant discharges thereof, are not only to be bound in absolute warrandice by the said discharges, but be obliged to give personal attendance, both at receiving in and giving out the said money, and to keep an office for that effect, and to pay cashiers, tellers, and bookkeepers, and to provide books, chests, and other conveniences for receiving and keeping the money until it be paid out; and will be likewise obliged and burdened to employ advocates, writers, and other persons, for advising the discharges to be granted at receiving and paying out of the money, and defending processes on competition of rights, or making up of sufficient titles in the persons of those who are to receive out the money; and the necessary attendance and loss of time of the said commissioners of the council-general and directors, both for bygones and in time coming, and the losses upon telling, at receiving in and giving out of the money; the said committee are of opinion, that the foresaid dead stock, extending in all, with and under the said burden, to the said sum of £1,654 11s. and two-thirds of a penny sterling, ought to be allowed to the said company, and retained by them for the

ends and uses foresaid, and particularly to the treaty of union of the two kingdoms of enable the council-general and directors of Scotland and England; and the act for setthe said company to pay such necessary tling the manner of electing the sixteen allowances and satisfaction to the several peers and forty members to represent Scotgentlemen who suffered in their persons land in the parliament of Great Britain, and goods for the company's services, as were ordered to be proclaimed and printed. their services, losses, and sufferings do justly merit. And the committee having considered the act of parliament establishing the company, privileges therein contained, and that part of the representation relating thereto, they are of opinion that, when the company is dissolved, and the capital stock and interest paid in by the commissioners, and others entrusted with the equivalent, to the hands of the commissioners appointed by the council-general and directors to receive the same, every proprietor's share may be recovered out of the hands of the said commissioners, to be appointed by the said council-general and directors, as other money belonging to private persons."

The short remainder of the parliament was occupied with private bills, and on the 25th of March, the commissioner adjourned the session, with the following brief address :-"My lords and gentlemen,-The public business of this session being now over, it is full time to put an end to it. I am persuaded, that we and our posterity will reap the benefit of the union of the two kingdoms; and I doubt not, that, as this parliament has had the honour to conclude it, you will, in your several stations, recommend to the people of this nation a grateful sense of her majesty's goodness and great care for the welfare of her subjects, in bringing this important affair to perfection, and that you will promote a universal desire in this kingdom to become one in hearts and affections, as we are inseparably joined in interest with our neighbour nation. My lords and gentlemen, I have a very deep sense of the assistance and respect I have met with from you in this session of parliament; and I shall omit no occasion of showing, to the utmost of my power, the grateful remembrance I have of it."

At length, on Wednesday, the 19th of March, the duke of Queensberry rose in his place as high commissioner, and said-"My lords and gentlemen,-I have received by her majesty's command an exemplification, under the great seal of England, of the act passed in the parliament of that kingdom, ratifying the treaty of union in the same terms as the treaty was passed here. Her majesty orders it to be inserted in the books of parliament, and to remain with the re- When this great measure had been thus cords of this kingdom; for which end I have accomplished, the duke of Queensberry set put it in my lord clerk-register's hand. My out for London, and so great was the imlords and gentlemen, it is a great satisfac-pression there of the service which he had tion to the queen, that the union is thus happily concluded in her reign; and I am commanded by her majesty to assure you, that nothing shall be omitted on her part, to make the whole island feel the good effects of it. And as I doubt not but the finishing of this great affair is acceptable to you, so I hope you will study to promote a cordial union with our neighbours, for the greater happiness and advantage of both kingdoms." Then the exemplification of the act of parliament of England ratifying the treaty of union betwixt Scotland and England, under the great seal of England, was read, and ordered to be recorded. At the same time the act for securing the protestant religion and presbyterian church government; that ratifying and approving

done for both countries, that he was met in the neighbourhood of the capital by above forty noblemen in their coaches, and about four hundred gentlemen on horseback. Next day he waited upon the queen at Kensington, and was received with the strongest marks of approbation and favour.

The satisfaction throughout England was indeed general, and the queen showed her gratitude to the Scottish noblemen who had supported the union by a distribution of titles and pensions. The earls of Montrose and Roxburgh were created dukes, and Mar and Seafield were placed upon the privy council, while Queensberry himself was raised to the English peerage as duke of Dover, with a pension of three thousand pounds a-year.

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CHAPTER XVI.

THE ACT OF UNION; THE ACT FOR THE SECURITY OF THE ENGLISH CHURCH; AND THAT REGULATING THE SCOTTISH ELECTIONS.

THIS most important act, which we have thus traced to its completion, and which, in spite of all the clamour against it, has proved an immense benefit to Scotland, stands as follows in the ratification by the Scottish parliament:

Act ratifying and approving the treaty of the two kingdoms of Scotland and England.-January 16th, 1707.

for their further and better establishment of the same, upon full and mature deliberation upon the foresaid articles of union and act of parliament, doth ratify, approve, and confirm the same, with the additions and explanations contained in the said articles, in manner and under the provisions after mentioned, whereof the tenor follows.

Article I. That the two kingdoms of Scotland and England shall, upon the 1st day of May next ensuing the date hereof, and for ever after, be united into one kingdom by the name of Great Britain, and that the ensigns armorial of the said united kingdom be such as her majesty shall appoint, and the crosses of St. Andrew and St. George be conjoined in such manner as her majesty shall think fit, and used in all flags, banners, standards, and ensigns, both at sea and land.

The estates of parliament considering that articles of union of the kingdoms of Scotland and England were agreed on the 22nd of July, 1706, by the commissioners nominated on behalf of this kingdom, under her majesty's great seal of Scotland, bearing date the 27th of February last past, in pursuance of the fourth act of the third session of this parliament, and the commissioners nominated on behalf of the kingdom of England, under her majesty's great seal of England, bearing date at Westminster II. That the succession to the monarchy the 10th day of April last past, in pursuance of the united kingdom of Great Britain, of an act of parliament made in England and of the dominions thereunto belonging, the third year of her majesty's reign, to after her most sacred majesty, and in detreat of and concerning a union of the said fault of issue of her majesty, be, remain, kingdoms: which articles were, in all humi- and continue to the most excellent princess lity, presented to her majesty upon the 23rd Sophia, electoress and duchess-dowager of of the said month of July, and were recom- Hanover, and the heirs of her body, being mended to this parliament by her majesty's protestants, upon whom the crown of Engroyal letter of the date the 31st day of land is settled by an act of parliament made July, 1706; and that the said estates of in England in the twelfth year of the reign parliament have agreed to and approven of of his late majesty king William III., inthe said articles of union, with some addi- tituled, "An act for the further limitation of tions and explanations, as is contained in the crown and better securing the rights the articles hereafter inserted. And such- and liberties of the subject:" and that all like, her majesty, with advice and consent papists, and persons marrying papists, shall of the estates of parliament, resolving to be excluded from, and for ever incapable to establish the protestant religion and pres- inherit, possess, or enjoy the imperial crown byterian church government within this of Great Britain, and the dominions therekingdom, has passed in this session of par- unto belonging, or any part thereof; and in liament an act, intituled, "Act for securing every such case, the crown and government of the protestant religion and presbyterian shall, from time to time, descend to, and be church government," which, by the tenor enjoyed by such person, being a protestant, thereof, is appointed to be inserted in any as should have inherited and enjoyed the act ratifying the treaty, and expressly de- same, in case such papist, or person marryclared to be a fundamental and essential ing a papist, was naturally dead, according condition of the said treaty of union in all to the provision for the descent of the crown time coming. Therefore, her majesty, with of England made by another act of parliathe advice and consent of the estates of ment in England, in the first year of the parliament, in fortification of the approba- reign of their late majesties king William tion of the articles as above-mentioned, and and queen Mary, intituled, "An act declar