(Edinburgh excepted), being divided into 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 sixteen peers and forty-five members in the follows, videlicet, that the town of Edinhouse of commons, be named and chosen in burgh shall have right to elect and send such manner as by a subsequent act in this one member to the parliament of Great present session of parliament in Scotland Britain; and that each of the other burghs should be settled; which act is thereby shall elect a commissioner in the same declared to be as valid as if it were a manner as they are now in use to elect part of, and engrossed in, the said treaty; commissioners to the parliament of Scottherefore her majesty, with advice and land; which commissioners and burghs 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 for each district, videlicet, the burghs of peers of Scotland whom they represent, Kirkwall, Week, Dornock, Dingwall, and their heirs, or successors to their dignities Tayne, one; the burghs of Fortrose, Inverand honours, out of their own number, and ness, Nairn, and Forress, one; the burghs that by open election and plurality of voices of Elgin, Cullen, Bamff, Inverary, and of the peers present, and of the proxies for Kintore, one; the burghs of Aberdeen, such as shall be absent, the said proxies Inverbervie, Montrose, Aberbrothock, and being peers, and producing a mandate in Brichen, one; the burghs of Forfar, Perth, writing duly signed before witnesses, and Dundee, Cowper, and St. Andrews, one; the both the constituent and proxy being quali- burghs of Crail, Kilrennie, Anstruther Easter, fied according to law; declaring also, that Anstruther Wester, and Pittenween, one; the such peers as are absent, being qualified as burghs of Dysart, Kirkcaldie, Kinghorn, and aforesaid, may send to all such meetings Burntisland, one; the burghs of Innerkeilists of the peers whom they judge fittest, thing, Dunfermline, Queensferry, Culross, validly signed by the said absent peers, and Stirling, one; the burghs of Glasgow, which shall be reckoned in the same manner Renfrew, Rutherglen, and Dumbarton, one; as if the parties had been present, and given the burghs of Haddington, Dunbar, North in the said list; and in case of the death, or Berwick, Lawder, and Jedburgh, one; the legal incapacity, of any of the said sixteen burghs of Selkirk, Peebles, Linlithgow, and peers, that the aforesaid peers of Scotland Lanark, one; the burghs of Dumfries, shall nominate another of their own number Sanquhar, Annan, Lochmaben, and Kirkin place of the said peer or peers, in manner cudbright, one; the burghs of Wigtoun, before and after mentioned. And that, of New Galloway, Stranrawer, and Whitehern, the said forty-five representatives of Scot- one; and the burghs of Air, Irvine, Rothesay, land in the house of commons in the parlia- Campbletoun, and Inverary, one. And it is ment of Great Britain, thirty shall be chosen hereby declared and ordained, that where by the shires or stewartries, and fifteen by the votes of the commissioners for the said the royal boroughs, as follows, videlicet, one burghs, met to choose representatives from for every shire and stewartry, excepting the their several districts to the parliament of shires of Bute and Caithness, which shall Great Britain, shall be equal, in that case choose one by turns, Bute having the first the president of the meeting shall have a election; the shires of Nairn and Cromarty, casting or decisive vote, and that by and which shall also choose by turns, Nairn attour his vote as a commissioner from the having the first election; and in like manner burgh from which he is sent, the comthe shires of Clackmannan and Kinross shall missioner from the eldest burgh presiding choose by turns, Clackmannan having the in the first meeting, and the commissioners first election; and in case of the death or from the other burghs in their respective legal incapacity of any of the said members districts, presiding afterwards by turns in from the respective shires or stewartries the order as the said burghs are now called above-mentioned, to sit in the house of in the rolls of the parliament of Scotland; rommons, 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 boroughs be chosen as and in case that any of the said fifteen commissioners from burghs shall decease, or become legally incapable to sit in the house of commons, then the town of Edinburgh, or the district which chose the said member, shall elect a member in his or elect their commissioners, conform to the their place; it is always hereby expressly order above set down, and ordaining the provided and declared, that none shall be clerks of the said meetings, immediately capable to elect, or be elected, for any of the after the said elections are over, respectively said estates, but such as are twenty-one to return the names of the persons elected years of age complete, and protestant, ex- to the clerks of the privy council; and, cluding all papists, or such who, being sus- lastly, ordaining the city of Edinburgh to pected of popery and required, refuse to elect their commissioner and the other swear and subscribe the formula con- royal burghs to elect each of them a comtained in the third act, made in the eighth missioner, as they have been in use to elect and ninth sessions of king William's par- commissioners to the parliament, and to send liament, intituled, Act for preventing the the said respective commissioners, at such growth of popery;' and also declaring, times, to such burghs within their respecthat none shall be capable to elect, or be tive districts as her majesty and successors, elected, to represent a shire or burgh in the by such proclamation, shall appoint, requirparliament of Great Britain, for this part ing and ordaining the common clerk of the of the united kingdom, except such as respective burghs, where such elections shall are now capable by the laws of this king- be appointed to be made, to attend the said dom to elect, or be elected, as commis- meetings, and immediately after the elecsioners for shires or burghs to the parlia- tion to return the name of the person so ment of Scotland. And further, her ma- elected (certified under his hand) to the jesty, with advice and consent aforesaid, for clerk of privy council; to the end that the the effectual and orderly election of the names of the sixteen peers, thirty commispersons to be chosen to sit, vote, and serve sioners for shires, and fifteen commissioners in the respective houses of the parliament for burghs, being so returned to the privy of Great Britain, when her majesty, her council, may be returned to the court from heirs and successors, shall declare her or whence the writ did issue, under the great their pleasure for holding the first, or any seal of the united kingdom, conform to the subsequent parliament of Great Britain, said twenty-second article: and whereas, by and when for that effect a writ shall be the said twenty-second article, it is agreed, issued out under the great seal of the that if her majesty shall, on or before the united kingdom, directed to the privy 1st day of May next, declare that it is excouncil of Scotland, conform to the said pedient the lords and commons of the pretwenty-second article, statutes, enacts, and sent parliament of England should be the ordains, that until the parliament of members of the respective houses of the Great Britain shall make further provision first parliament of Great Britain, for and therein, the said writ shall contain a war- on the part of England, they shall accordrant and command to the said privy council ingly be the members of the said respective to issue out a proclamation in her majesty's houses for and on the part of England; her name, requiring the peers of Scotland for majesty, with advice and consent aforesaid, the time to meet and assemble at such time in that case only, doth hereby statute and and place within Scotland as her majesty and ordain, that the sixteen peers and forty-five royal successors shall think fit, to make elec- commissioners for shires and burghs, who tion of the said sixteen peers; and requiring shall be chosen by the peers, barons, and the lord clerk-register, or two of the clerks burghs, respectively, in this present session of session, to attend all such meetings, and to of parliament, and out of the members administer the oaths that are or shall be by thereof, in the same manner as committees law required, and to ask the votes; and, of parliament are usually now chosen, shall having made up the lists in presence of the be the members of the respective houses of meeting, to return the names of the sixteen the said first parliament of Great Britain peers chosen (certified under the subscrip- for and on the part of Scotland; which tion of the said lord clerk-register, clerk or nomination and election being certified clerks of session attending) to the clerk of by a writ under the lord clerk-register's the privy council of Scotland; and suchlike hand, the person so nominated and elected requiring and ordaining the several free-shall have right to sit and vote in the holders in the respective shires and stewart-house of lords, and in the house of comries to meet and convene at the head burghs mons, of the said first parliament of Great of their several shires and stewartries, to Britain." BOOK IX. SCOTLAND FROM THE TIME OF THE UNION. CHAPTER I. DIYFICULTIES WITH REGARD TO THE COMMERCIAL PROVISIONS OF THE UNION; MOVEMENTS OF THE JACOBITES; FRENCH INTRIGUES; ATTEMPTED INVASION BY THE PRETENDER. WITH the feeling which had been excited | parts, into Scotland, in order to be brought against the union, we need not be surprised from thence into England after the 1st of if there was a general disinclination to facili- May, and with the intention to avoid the tate the operation of the treaty, and accord- payment of the English duties, will be to ingly this had hardly commenced before the damage and ruin of the fair traders, to the whole country was full of discontent. the prejudice of the manufactures of EngFraudulent speculations in trade had been land, a great loss to her majesty's revenue carried on to an extraordinary extent. As of the customs, and a very great detriment the duty on goods imported from abroad to the public." Instead of regarding it as was extremely light in Scotland in compari-a mere temporary evil, the commons proson with the same duties in England, many ceeded immediately with an act making all merchants employed the period between the foreign goods brought from Scotland after passing of the act and the 1st of May, after the union liable to the same duties as those which period all merchandise was to pass imported direct from France or Spain. The from Scotland to England without paying Scottish merchants in London immediately any duty, in bringing into the Scottish ports petitioned against this act, and so far prevaluable cargoes of brandies, wines, and vailed, that a saving clause was added in the other articles, to be brought into England act, excepting such merchandise as could be after the union commenced. Again, accord-proved to be bona fide property of Scotching to the old international regulations, men in Scotland, and not merely purchased tobacco passing from England into Scotland had a drawback of sixpence a pound before it left the latter country, and, as after the union tobacco in common with other articles would pass from Scotland to England free, some English merchants sent large quantities of tobacco into Scotland immediately before the act came into operation, in order to make a profit of the drawback, and with no other object than to bring back the tobacco after the drawback had been obtained. Frauds of this kind were practised very extensively, and it was said that even some of the Scottish commissioners themselves had a hand in them and shared This, however, was rather a personal and in the profits. The loss naturally fell upon a temporary grief, but there were others the English merchants, who in their anger presented a petition to the parliament on the subject. The house of commons took the matter up rather warmly, and entering into the feeling of the merchants, they passed a vote to the effect that "the importation of goods and merchandise, the growth and produce of France and other foreign or provided for the occasion; but the weight of proving it was thrown upon the importer. The bill, in this form, passed the commons, but the representations of the Scottish merchants had been more effective in the house of lords, where, after some dispute with the commons, the bill was thrown out. The merchants, however, remained dissatisfied, and when, in June, an immense mass of foreign merchandise, shipped from Scotland, arrived in the Thames, both the ships and their cargoes were seized by the customhouse officers, and their seizure gave rise to much contention and ill-feeling. which were more general and threatened to be of longer continuance. Even with the small duties exacted on foreign goods in Scotland before the union, smuggling had been carried on to a considerable extent, but now that the temptation was made so much greater by the imposition of the heavy customs which had previously been confined to England, the contraband trade increased to such an extent as to be truly alarming, and the common people had been so generally taught by the political agitators that the union was illegal, that they not only assisted the smugglers, but offered open resistance to the authorities, and even in some instances recaptured the smuggled goods which had been seized. This spirit of resistance prevailed to such an extent, that few Scottishmen could be found willing to be employed in enforcing the laws against the smugglers, and it was found necessary to fill the revenue service with Englishmen, which again was made no small subject of discontent. The entire system was new to the Scots, who felt a sort of humiliation in seeing their coasts and the mouths of their firths watched by armed cutters and boats manned with English sailors, who stopped and searched every vessel that entered. Nor were the people better satisfied with the excisemen, who also were chiefly Englishmen, for the Scots obstinately refused to understand or learn the duties of a gauger. The tax had previously been collected in so loose a manner that the brewers had been allowed to give their own estimate of what they had to pay for, and they now regarded with contempt as well as with astonishment the strange innovation of "bringing sticks to their barrels," as they called it. The mismanagement in the payment of the equivalent was another subject of great discontent and clamour. Although the money had been promptly voted by the parliament in England, there was great delay in forwarding it to Scotland, so that when the period fixed for the payment expired, it had not arrived. The enemies of the union exclaimed loudly against this as a breach of faith, and, while some declared their opinion that England never intended to pay the money at all, others proclaimed that, as England had broken the agreement between the two countries, the act of union was now null, and therefore binding on nobody. One night, after all the citizens had retired to rest, a party of men paraded the streets of Edinburgh, and halting at the cross, there read a protest in the name of the Scottish nation, that the conditions not having been fulfilled by England, the treaty of the union was void, and that all Scots were at liberty to deliver themselves from it whenever they would. It was said that the duke of Hamilton headed this midnight demonstration. At length, in the mouth of August, the money arrived, and was conveyed to the castle of Edinburgh in twelve waggons guarded by dragoons. As they passed along the street, an infuriated mob accompanied them with curses and execrations, and the general odium under which the transaction laboured was increased not a little when it was found that nearly three-quarters of the money was sent in paper. The bank of England had that year advanced to government a sum of one million two hundred thousand pounds upon exchequerbills bearing interest, which were easily disposed of in London, where they were more convenient to the merchants even than money; but in Scotland they were almost useless, as there were neither funds to meet them, nor large money transactions in which they might be used. The clamour against the bad faith of England was so great, and the refusal to take the bills so general, that the commissioners were seriously embarrassed, and it was with no little difficulty that they persuaded the claimants on the African company to accept half money and half bills, and some took unwillingly bills of exchange on London for the whole of their claims. Nor is this unwillingness to be wondered at when we consider that they were by this transaction losers of a considerable portion of a year's interest on their dividends. The recall and reissue of the coinage, though performed with the utmost fairness and with as much expedition as possible, was also the cause of considerable temporary inconvenience, and the attempt to introduce a uniformity of weights and measures ended in a complete failure. Amid all this confusion and discontent, the jacobites began again to take courage and raise their heads, and in most parts of the kingdom they celebrated publicly the birthday of the pretender, while the other parties in the state looked on with apparent apathy. The court of France, informed of the agitation in Scotland, imagined that the moment was come for a successful intrigue in that quarter, and colonel Hooke was again sent over secretly to sound the disposition of the Scottish chiefs. He was directed to make sure of making such a diversion in Scotland as would embarrass the English government and oblige it to recall a portion of the English troops then engaged on the continent. The French king assumed that the Scottish nobility were able to assemble from twenty-five to thirty thousand men, to clothe, arm, and equip them, and to maintain them in the field during two months, commencing with the beginning of May; and he was urged to procure from them a written obligation, with an exact estimate of their own forces and means, and a statement of the succours they expected, while he was cautioned particularly against saying or doing anything calculated to commit the French king. Hooke's written instructions told him that, "before a revolution which should end in the restoration of the lawful sovereign is begun, it is necessary to enter into a particular detail of the forces and means which the Scots can employ to accomplish it, and of the succours which they may promise themselves from the protection of the king, who is no less interested in the success of this enterprise than his Britannic majesty [i.e., the pretender.] It is for these considerations that his majesty hath judged it proper, before he makes any positive promise to the Scots, to send over Mr. Hooke, in order to acquire upon the spot a perfect knowledge of the state of things, to form a well-digested plan with the nobility, to render it to writing, and to get it signed by the principal men of the country, giving them assurances of his majesty's main desire, and his disposition to send them the succours which may be necessary for them; and his majesty recommends in a very particular manner to Mr. Hooke, not to engage him in expenses which those he is obliged to lay out elsewhere will not allow him to support, nor to give them any room to hope for more than he can furnish." Colonel Hooke reached Scotland in the latter end of March, 1707, and landed at Slaines castle, on the coast of Buchan. He brought with him a declaration of war, in the name of the pretender, expressed in the following terms:-" James VIII., by the grace of God king of Scotland, &c., to all our beloved subjects of our ancient kingdom of Scotland, greeting. Whereas we are firmly resolved to repair to our said kingdom, and there to assert and vindicate our undoubted right, and to deliver all our good subjects from the oppression and tyranny they have groaned under for above these eighteen years past, and to protect and maintain them in their independency and all their just privileges which they so happily enjoyed under our royal ancestors, as soon as they have declared for us; we do, therefore, hereby empower, authorise, and require all our loving subjects to declare for us, and to assemble in arms, and to join the person whom we have appointed to be captain-general of our forces when required by him, and to obey him, and all others under his command, in everything relating to our services; to seize the government and all forts and castles, and use all acts of hostility against those who shall traitorously presume to oppose our authority, and to lay hold and make use of what is necessary for the arming, mounting, and subsisting our forces, and obstructing the designs of our enemies." There was something so preposterous in calling upon the Scots to compare the liberty they had enjoyed before the revolution with the tyranny and oppression they had suffered since, that such a declaration as this, which gave no pledge whatever for the security of religion or liberty, could only be a subject of mockery to the protestant population, and was not likely to be received beyond the extent of the blind jacobitism of the highlanders. Nor were they likely to receive much encouragement from a proclamation which called upon them to expose their lives and properties to immediate danger, while it only promised them the presence of their prince when their success should have made it possible for him to appear among them without danger; for Hooke did bring a written assurance from the pretender, "that as soon as they should appear in arms, and have declared for us, we design to come in person to their assistance with the succours promised us by the most christian king, which cannot be obtained till they have given the evidence of their dispositions." Hooke arrived at Scotland at an inopportune moment, for not only had the act of union passed the Scottish parliament, but there was a decided division in the jacobite party, corresponding in some degree with a division in the pretender's own court at St. Germain's, where Middleton and the ex-queen formed one party, and the pretender and the earl of Perth another. The duke of Hamilton, who was less decided in his jacobitism, corresponded with the former faction, and the duke of Athol with the latter. Slaines castle was a seat of the earl of Errol, and the countessdowager of Errol, who was a sister of the earl of Perth, had come to reside in it for the purpose of receiving colonel Hooke, who thus placed himself in immediate connection with the most violent division of the jacobite |