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was looked forward to with the deepest anxiety. There must have been by this time, however, a considerable change in the popular feeling, for it was thought necessary that a number of gentlemen, and of the better sort of citizens, should, on that morning, assemble round the parliament house, to wait upon, and to protect the separating members, in case they should be insulted and maltreated as they came from the house. The important morning so ardently desired, at length came, but the resolution of his grace, the duke of Hamilton, failed; he was attacked with toothach, and refused to leave his lodgings. The reproaches and the despair of his party at length prevailed on him to go to the house, but no entreaty could prevail upon him to enter the protestation, till the parliament bad advanced so far that the attempt was considered hopeless, and of course was never made. This last disappointment completely disconcerted the whole party, and it was the more bitterly regretted, when it was afterwards found, that if the protestation had been given in, the ministry had resolved to dissolve the parliament, and relinquish the union as a hopeless undertaking.*
The conflict may be said to have been now at an end. The twentysecond article, though it occupied the house for three days, and was preceded by six protestations, was carried with little trouble. The remainder may be said to have been concluded without any opposition ; and when the earl of Seafield, the lord chancellor, signed the engrossed exemplification of the articles, he returned it to the clerk with this remark, “ Now there's ane end of an auld sang."7 The parliament pro
• Lockhart Papers, vol. i. pp. 206—213.
† Articles of Union between Scotland and England. The Articles of Union were agreed to on the twenty-second day of July, in the fourth year of the reign of Her most excellent Majesty, Anne, by the grace of God, Queen of Scotland, England, France, and Ireland, Defender of the Faith, &c. and in the year of our Lord, one thousand seven hundred and six, by the Commissioners nominated on behalf of the Kingdom of Scotland, under her Majesty's Great Seal of Scotland, bearing date the twenty-seventh of February, in pursuance of the fourth Act of the third session of her Majesty's current Parliament of Scotland, in the fourth year of her Majesty's reign; and the Commissioners nominated in behalf of the Kingdom of England, under Her Majesty's Great Seal of England, bearing date at Westminster, the tenth day of April; in pursuance of an Act of Parliament made in England, the third year of Her Majesty's reign, to treat of, and concerning an union of the said Kingdoms, which articles are, in all humility, to be presented to the Queen's most excellent Majesty, and offered to the consideration of the respective Parliaments of both Kingdoms, pursuant to the said Acts and Commissions.
I. That the two Kingdoms of Scotland and England shall, upon the first 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 to 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.
II. That the succession to the Monarchy of the United Kingdom of Great Britain, and of the dominions thereunto belonging, after her most sacred issue, and in default of issue of Her Majesty, be, remain, and continue, to the most excellent Princess Sophia, Electress and Dutchess Dowager of Hanover, and the heirs of her body, being Protestants, upon whom the crown of England is settled by an Act of Parliament, made in England in the twelfth year of His late Majesty, King William III., entitled, an Act for the farther Limitation of the Crown, and better socuring the Rights and Liberties of the Subject. And that all Papists, and persons marrying Papists, shall be excluded from, and for ever incapable to inherit, possess, or enjoy, the imperial Crown of Great Britain, and the dominions thereunto be
ceeded to choose representatives for Scotland to the first British parliament, which was considered as an high aggravation of all its former delinquencies, and was protested against by the mortified and irritated cavaliers, as contrary to the twenty-second article of the union. The
longing, or any part thereof; and in every such case, the Crown, and Government shall, from time to time, descend to, and be enjoyed by such person, being a Protestant, as should have inherited and enjoyed the same; in case such Papists, or person marrying a Papist, was naturally dead, according to the provision for the descent of the Crown of England, made by another Act of Parliament, in England, in the first year of the reign of their late Majesties, King William and Queen Mary, entitled, an Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown.
III. That the United Kingdom of Great Britain be represented by one and the same Parliament, to be styled the Parliament of Great Britain.
IV. That all the subjects of the United Kingdom of Great Britain shall, from and after the Union, have full freedom and intercourse of trade, navigation, to and from any port or place within the said United Kingdom, and the dominions and plantations thereunto belonging, and that there be a communication of all other rights, privileges, and advantages, which do or may belong to the subjects of either Kingdom, except where it is otherwise expressly agreed in these Articles.
V. That all ships belonging to Her Majesty's subjects of Scotland, at the time of signing this treaty for the Union of the two kingdoms, though foreign built, shall be deeined and pass as ships of the built of Great Britain ; the owner, or where there are more owners, one or more of the owners, within twelve months after the Union, making oath, that at the time of signing the said Treaty, the same did belong to him or them, or to some other subject or subjects of Scotland, to be particularly named, with the places of their respective abodes, and that the same doth then belong to him or them, and that no Foreigner, directly or indirectly, hath any share, rent, or interest, therein ; which oath shall be made before the chief officer or officers of the Customs, in the port next the abode of the said owner or owners; and the said officer or officers shall be empowered to administer the said oath; and the oath being so administered, shall be attested by the officer or ofñcers who administered the same; and being registrat by the said officer or officers, shall be delivered to the master of the ship for security of her navigation, and a duplicate thereof shall be transinitted by the said ofiicer or officers to the chief officer or officers of the Customs in the port of Edinburgh, to be there entered in a register, and from thence to be sent to the port of London, to be there entered in the general register of all trading ships belonging to Great Britain.
VI. That all parts of the United Kingdom, for ever, from and after the Union, shall have the same allowances and encouragements, and be under the saine prohibitions, restrictions, and regulations of trade, and liable to the same customs and duties on import and export; and that the allowances, encouragements, prohibitions, restrictions, and regulations of trade, and the customs and duties on import and export, settled in England when the Union commences, shall, from and after the Union, take place throughout the whole United Kingdom.
VII. That all parts of the United Kingdom be, for ever, from and after the Union, liable to the same excises on all exciseable liquors; and that the excise settled in England, on such liquors, when the Union commences, take place throughout the whole United Kingdom.
Vill. That from and after the Union, all foreign salt which shall be imported into Scotland, shall be charged at the importation there, with the same duties as the like salt is now charged with, being imported into England, and to be levied and secured in the same manner; but Scotland shall, for the space of seven years from the said Union, be exempted from the paying in Scotland for salt made there, the duty or excise now payable for salt made in England; but, from the expiration of the said seven years, shall be subject and liable to the same duties for salt made in Scotland as shall be then payable for salt made in England, to be levied and secured in the same manner, and with the like drawbacks and allowances, as in England; and, during the said seven years, there shall be payable in England, for all sait made in Scotland and imported from thence into England, the same duties upon the importation as shall be payable for salt made in England, to be levied and secured in the same manner as the duties on foreign salt are; to be levied and secured in England, and that, during the said seven years, no salt whatsoever be brought from Scotland to England by land, in any manner, under the penalty of forfeiting the salt, and the cattle and carriages made use of in bringing the same, and paying
duke of Hamilton, as the reward of his tergiversation, attempted to have himself elected as one of the representatives of the Scotish peerage, but was unable to effect it, the queen having given positive orders that none of her servants should give him any countenance, which
twenty shillings for every bushel of such salt, and proportionably for a greater or lesser quantity, for which the carrier, as well as the owner, shall be liable jointly and severally; and the persons bringing or carrying the same, to be imprisoned by any one Justice of the Peace, by the space of six months, without bail, and until the penalty be paid; and that, during the said seven years, all salted flesh or fish exported from Scotland to England, or made use of for victualling ships in Scotland, and all flesh put on board in Scotland to be exported to parts beyond seas, which shall be salted with Scotch salt, or any mixture therewith, shall be forfeited, and may be seized; and that, from and after the Union, the Laws and Acts of Parliament in Scotland for pincing, curing, and packing of herrings, white fish and salmon, for exportation, with foreign salt only, and for preventing of frauds in curing and packing of fish, be continued in force in Scotland, subject to such alterations as shall be made by the Parliament of Great Britain; and that all fish exported from Scotland to parts beyond the seas, which shall be cured with foreign salt only, shall have the same eases, premiums, and drawbacks, as are or shall be allowed to such persons as export the like fish from England; and if any matters or fraud relating to the said duties on salt, shall hereafter appear, which are not suffi. ciently provided against by this article, the same shall be subject to such further provisions as shall be thought fit by the Parliament of Great Britain.
IX. That whenever the sum of one million nine hundred ninety-seven thousand seven hundred and sixty-three pounds eight shillings and fourpence halfpenny shall be enacted by the Parliament of Great Britain, to be raised in that part of the United Kingdom now called England, on land and other things usually charged in Acts of Parliament, these, for granting an aid to the Crown by a land tax, that part of the United Kingdom, now called Scotland, shall be charged, by the same Act, with a farther sum of forty-eight thousand pounds, free of all cbarges, as the quota of Scotland to such tax; and so proportionably for any greater or lesser sum raised in England; by any tax on land, and other things usually charged together with the land, and that such quota for Scotland in the cases aforesaid, be raised and collected in the game manner as the cess now is in Scotland, but subject to such regulations in the manner of collecting, as shall be made by the Parliament of Great Britain.
X. That during the continuance of the respective duties on stamp paper, vellum, and parchment, by the several Acts now in force in England, Scotland shall not be charged with the same respective duties.
Xİ. That during the continuance of the duties in England on windows and lights, which determines on the first day of August, one thousand seven hundred and ten, Scotland shall not be charged with the same duties.
XII. That during the continuance of the duties, payable in England, on coals, culm, and cinders, which determines the thirtieth day of September, one thousand seven hundred and ten, Scotland shall not be charged there with for coals, culm, and cinders, consumed there, but shall be charged with the same duties, as in England, for all coal, culm, and cinders, not consumed in Scotland.
XIII. That during the continuance of the duty, payable in England, on malt, which determines the twenty-fourth day of June, one ihousand seven hundred and seven, Scotland shall not be charged with that duty.
XIV. That the Kingdom of Scotland be not charged with any other duties, laid on by the Parliament of England, before the Union, except those consented to in this treaty; in regard, it is agreed, that all necessary provision shall be made by the Parliament of Scotland for the public charge and service of that Kingdom, for the year one thousand seven hundred and seven; provided, nevertheless, that if the Parliament of England think fit to lay any farther impositions by way of customs, or such excises, as by virtue of this treaty, Scotland is to be charged equally with England. In such case, Scotland shall be liable to the same customs and excises, and have an equivalent, to be settled by the Parliament of Great Britain. And seeing it cannot be supposed that the Parliament of Great Britain will ever lay any sorts of burthens on the United Kingdom, but what they shall find of necessity at that time, for the preservation and good of the whole, and with due regard to the circumstances and abilities of every part of the United Kingdom, therefore it is agreed, there be no farther exemption insisted on for any part of the United King, dom, but that the consideration of any exemptions, beyond what are already agreed
afforded no small gratification to many of his friends, who did not hesitate to declare, that for some such paltry expectations, he had betrayed them and his country's cause at the same time.
Thus was this great work, that had occupied the wisest heads and
on in this treaty, shall be left to the determination of the Parliament of Great Britain.
XV. Whereas, by the terms of this treaty, the subjects of Scotland, for preserving an equality of trade throughout the United Kingdom, will be liable to several customs and excises, now payable in England, which will be applicable towards payment of the debts of England, contracted as before the Union. It is agreed that Scotland shall have an equivalent for what the subjects thereof shall be so charged towards payment of the said debts of England, in all particulars whatsoever, in manner following, viz. that before the union of the said Kingdoms, the sum of three hundred ninety-eight thousand and eighty-five pounds ten shillings be granted to Her Majesty, by the Parliament of England, for the uses aftermentioned, being the equivalent to be answered to Scotland, for such parts of the said customs and excises, upon all exciseable liquors with which that Kingdom is to be charged upon the Union, as will be applicable to the payment of the said debts of England, according to the proportions which the present customs of Scotland, being thirty thousand pounds per annum, do bear to the customs in England, computed at one million three hundred forty-one thousand five hundred and fifty-nine pounds per annum. And which the present excises on exciseable liquors in Scotland, being thirty-three thousand and five hundred pounds, per annum, do bear to the excises on exciseable liquors in England, computed at nine hundred and forty-seven thousand six hundred and two pounds, per annum, which sum of three hundred ninety-eight thousand and eighty-five pounds ten shillings, shall be due and payable at the time of the Union; and, in regard, that after the Union, Scotland becoming liable to the same customs and duties, payable on import and export, and to the same excises on all exciseable liquors, as in England, as well upon that account, as upon the increase of trade and pecple, (which will be the happy consequence of the Union,) the said revenues will much improve, beyond the before-mentioned annual values thereof, of which no present estimate can be made; yet, nevertheless, for the reasons aforesaid, there ought to be a proportionable equivalent answered to Scotland. It is agreed, that, after the Union, there shall be an account kept of the said duties arising in Scotland, to the end it may appear what ought to be answered to Scotland, as an equivalent for such proportion of the said increase as shall be applicable to the payment of the debts of England. And for the farther and more effectual answering the several ends hereafter inentioned, it is agree, that from and after the Union, the whole increase of the revenues of custom and duties on import and export, and excise upon exciseable liquors in Scotland, over and above the annual produce of the said respective duties, as above stated, shall go and be applied for the term of seven years for the uses hereafter mentioned, and that, upon the said account, there shall be answered to Scotland annually, from the end of seven years after the Union, an equivalent in proportion to such part of said increase as shall be applicable to the debts of England. And, whereas, from the expiration of seven years after the Union, Scotland is to be liable to the same duties on salt made in Scotland, as shall be then payable for salt made in England. It is agreed, that when such duties take place there, an equivalent shall be answered to Scotland for such part thereof as shall be applied towards payment of the debts of England, of which duties, an account shall be kept, to the end it may appear what is to be answered to Scotland, as the said equivalent. And generally, an equivalent shall be answered to Scotland for such parts of the English debts as Scotland may hereafter become liable to pay, by reason of the Union, other than such for which appropriations have been made by Parliament, in England, of the customs or other duties on export and import, excises on all exciseable liquors or salt, in respect of which debts, equivalents are herein before provided. And, as for the uses to which the said sum of three hundred ninetyeight thousand eighty-five pounds ten shillings, to be granted as aforesaid, and al] other monies which are to be answered or allowed to Scotland as aforesaid, It is agreed, that out of the said sum of three hundred ninety-eight thousand eighty-five pounds ten shillings, all the public debts of the kingdom of Scotland, and also the capital, stock, or fund, of the African and Indian Company of Scotland, advanced, together with the interest of the said capital stock, after the rate of five pounds per cent. per annum, from the respective times of the payment thereof shall be payed. Upon payment of which capital stock and interest, it is agreed, the said company be dissolved and cease, and also that from the time of passing the Act of
the warmest hearts of both nations for so many ages, at length accomplished, in direct opposition to the great body of the Scotish people, and in a way, that, it must be admitted, reflects no great credit on the men by whom it was managed, who, far from seeing their way clearly, and
Parliament in England, for raising the said sum of three hundred ninety-eight thousand eighty-five pounds ten shillings, the said company shall neither trade nor grant license to trade. And as to the overplus of the said sum of three hundred ninetyeight thousand eighty-five pounds ten shillings, after the payment of the said debts of the Kingdom of Scotland, and the said capital stock and interest, and also the whole increase of the said revenues of customs, duties, and excises, above the present value, which shall arise in Scotland during the said term of seven years, together with the equivalent which shall become due, on account of the improvement thereof in Scotland, after the said term, and also as to all other sums, which, according to the agreements aforesaid, may become payable to Scotland, by way of equivalent, for what that Kingdom shall hereafter become liable, towards payment of the debts of England. It is agreed, that the same be applied in manner following, viz. that out of the same, what consideration shall be found necessary to be had for any losses which private persons may sustain, by reducing the coin of Scotland to the standard and value of the coin in England, may be made good. And afterwards the same shall be wholly applied towards encouraging and promoting the fisheries and such other manufactories and improvements in Scotland, as may most conduce to the general good of the United Kingdom. And it is agreed, that Her Majesty be empowered to appoint Commissioners, who shall be accountable to the Parliament of Great Britain for disposing the said sum of three hundred ninety-eight thousand and eighty-five pounds ten shillings, and all other monies which shall arise to Scotland upon the agreements aforesaid to the purposes before mentioned. Which Commissioners shall be empowered to call for, receive, and dispose, of the said monies, in manner aforesaid, and to inspect the books of the several Collectors of the said revenues and of all other duties, and 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 authentic abbreviats of the produce of such revenues and duties arising in their respective districts. And that the said Commissioners shall have their office within the limits of Scotland, and shall, in such office, keep books, containing accounts of the amount of the equivalents, and how the same shall have been disposed of from time to time, which may be inspected by any of the subjects who may desire the same.
XVI. That from and after the Union, the coin shall be of the same standard and value throughout the United Kingdom, as now in England, and a Mint shall be continued in Scotland, under the same rules as the Mint in England, subject to such regulations as Her Majesty, Her Heirs or Successors, or the Parliament of Great Britain shall think fit.
XVII. That from and after the Union, the same weights and measures shall be used throughout the United Kingdom as are now established in England; and standards of weights and measures shall be kept by those boroughs in Scotland, to whom the keeping the standards of weights and measures now in use there, does of special right belong; all which standards shall be sent down to such respective boroughs from the standards kept in the Exchequer at Westminster, subject, nevertheless, to such regulations as the Parliament of Great Britain shall think fit.
XVII. That the laws concerning regulation of trade, customs, and such excises which Scotland is, by virtue of this treaty, to be liable to the same in Scotland from and after the Union as in England; and that, all other laws in use within the Kingdom of Scotland do, after the Union, and notwithstanding thereof, remain in the same force as before, (except such as are contrary to, or inconsistent with, the term of this treaty,) but alterable by the Parliament of Great Britain, with this difference, betwixt the laws concerning public right, policy, and civil government, and those which concern private right : that the laws which concern public right, policy, and civil government, may be made the same throughout the whole United Kingdom; but that no alteration be made in the laws which concern private right, except for evident utility of the subjects within Scotland.
XIX. That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain in all time coming, within Scotland, as it is now constituted by the laws of that Kingdom, and with the same authority and privileges as before the Union, subject, nevertheless, to such regulations for the better administration of justice as shall be made by the parliament of Great Britain. And that the Court of Justiciary do also, after the Union, and notwithstanding thereof, re