The History and Proceedings of the House of Commons: Volume 4, 1706-1713. Originally published by Chandler, London, 1742.
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SPEECHES, DEBATES, &c.
IN THE House of Commons, FROM THE RESTORATION.
BUT tho' the Commissioners had brought this grand Affair of the Union to an Issue, and her Majesty had given the Royal Approbation, it was still to be ratify'd by the Parliaments of the respective Kingdoms.
That of Scotland sat first, where it met with a very stubborn Opposition; more especially from Mr. Fletcher of Salton and the Lord Belhaven, whose Speech on the Occasion deserves to be for ever remember'd.
Lord Belhaven's Speech against the Union.
'My Lord Chancellor,
'When I consider the Affair of an Union betwixt the two Nations, as it is expressed in the several Articles thereof, and now the Subject of our Deliberation at this Time; I find my Mind crouded with Variety of melancholy Thoughts, and I think it my Duty to disburden myself of some of them, by laying them before, and exposing them to the serious Consideration of this honourable House.
'I think I see a free and independent Kingdom delivering up that, which all the World hath been fighting for since the Days of Nimrod; yea, that for which most of all the Empires, Kingdoms, States, Principalities, and Dukedoms of Europe, are at this time engaged in the most bloody and cruel Wars that ever were, to wit, a Power to manage their own Affairs by themselves, without the Assistance and Counsel of any other.
'I think I see a national Church, founded upon a Rock, secured by a Claim of Right, hedged and fenced about, by the strictest and most pointed, legal Sanction that Sovereignty could contrive, voluntarily descending into a Plain, upon an equal Level with Jews, Papists, Socinians, Arminians, Anahaptists, and other Sectaries, &c.
'I think I see the noble and honourable Peerage of Scotland, whose valiant Predecessors led Armies against their Enemies, upon their own proper Charges and Expences, now divested of their Followers and Vassalages, and put upon such an equal Foot with their Vassals, that I think I see a petty English Exciseman receive more Homage and Respect than what was paid formerly to their quondam Mackallamores.
'I think I see the present Peers of Scotland, whose noble Ancestors conquered Provinces, over-run Countries, reduced and subjected Towns and fortified Places, exacted Tribute through the greatest Part of England, now walking in the Court of Requests like so many English Attorneys, laying aside their Walking Swords when in Company with the English Peers, left their Self-defence should be found Murder.
'I think I see the honourable Estate of Barons, the bold Assertors of the Nation's Rights and Liberties in the worst of Times, now setting a Watch upon their Lips, and a Guard upon their Tongues, lest they be found guilty of Scandalum Magnatum.
'I think I see the Royal State of Boroughs walking their desolate Streets, hanging down their Heads under Disappointmen, wormed out of all the Branches of their old Trade, uncertain what Hand to turn to, necessitate to become 'Prentices to their unkind Neighbours; and yet after all, finding their Trade so fortified by Companies, and secured by Prescriptions, that they despair of any Success therein.
'I think I see our learned Judges laying aside their Practiques and Decisions, studying the Common Law of England, gravelled with Certioraries, Nisi Prius's, Writs of Error, Verdicts Indovar, Ejectione Firmae, Injunctions, Demurs, &c. and frighted with Appeals and Avocations, because of the new Regulations and Rectifications they may meet with.
'I think I see the valiant and gallant Soldiery either sent to learn the Plantation-Trade abroad; or at home petitioning for a small Subsistance, as a Reward of their honorable Exploits; while their old Corps are broken, the common Soldiers left to beg, and the youngest English Corps kept standing.
'I think I see the honest industrious Tradesman loaded with new Taxes and Impositions, disappointed of the Equivalents, drinking Water in place of Ale, eating his saltless Pottage, petitioning for Encouragement to his Manufactures, and answered by Counter-Petitions.
'In short, I think I see the laborious Ploughman, with his Corn spoiling upon his Hands, for want of Sale, cursing the Day of his Birth, dreading the Expence of his Burial, and uncertain whether to marry or do worse.
'I think I see the incurable Difficulties of the LandedMen, fettered under the golden Chain of Equivalents, their pretty Daughters petitioning for want of Husbands, and their Sons for want of Employment.
'I think I see our Mariners delivering up their Ships to their Dutch Partners; and what through Presses and Necessity, earning their Bread as Underlings in the royal English Navy.
'But above all, my Lord, I think I see our ancient Mother Caledonia, like Cæsar, sitting in the midst of our Senate, ruefully looking round about her, covering herself with her royal Garment, attending the fatal Blow, and breathing out her last with an Et tu quoque mi fili.
'Are not these, my Lord, very afflicting Thoughts? And yet they are but the least Part suggested to me by these dishonourable Articles. Should not the Consideration of these Things vivify these dry Bones of ours? Should not the Memory of our noble Predecessors Valour and Constancy rouze up our drooping Spirits? Are our noble Predecessors Souls got so far into the English Cabbage-stock and Colliflowers, that we should shew the least Inclination that way? Are our Eyes so blinded? Are our Ears so deafned? Are our Hearts so hardened? Are our Tongues so faltered? Are our Hands so settered, that in this our Day, I say, my Lord, that in this our Day, we should not mind the Things that concern the very Being and Well-being of our ancient Kingdom, before the Day be hid from our Eyes?
'No, my Lord, God forbid! Man's Extremity is God's Opportunity: He is a present Help in time of need, and a Deliverer, and that right early. Some unforeseen Providence will fall out, that may cast the Ballance; some Joseph or other will say, Why do ye strive together, since you are Brethren? None can destroy Scotland, save Scotland itself; hold your Hands from the Pen, you are secure. Some Judah or other will say, Let not our Hands be upon the Lad, he is our Brother. There will be a Jehovah Jireh, and some Rem will be caught in the Thicket, when the bloody Knife is at our Mother's Throat. Let us up then, my Lord, and let our noble Patriots behave themselves like Men, and we know not how soon a Blessing may come.
'My Lord, I wish from my Heart, that this my Vision prove not as true as my Reasons for it are probable: I design not at this Time to enter into the Merits of any one particular Article; I intend this Discourse, as an Introduction to what I may afterwards say upon the whole Debate, as it falls in before this honourable House; and therefore, in the farther Prosecution of what I have to say, I shall insist upon few Particulars, very necessary to be understood, before we enter unto the Detail of so important a Matter.
'I shall therefore, in the first Place, endeavour to encourage a free and full Deliberation, without Animosities and Heats: In the next Place, I shall endeavour to make an Enquiry into the Nature and Source of the unnatural and dangerous Divisions that are now on foot within this Isle, with some Motives shewing, that it is our Interest to lay them aside at this Time: Then I shall enquire into the Reasons, which have induced the two Nations to enter into a Treaty of Union at this Time, with some Considerations and Meditations, with relation to the Behaviour of the Lords Commissioners of the two Kingdoms, in the Management of this great Concern. And lastly, I shall propose a Method, by which we shall most distinctly, and without Confusion, go through the several Articles of this Treaty, without unnecessary Repetitions or loss of Time. And all this with all Deference, and under the Correction of this honourable House.
'My Lord Chancellor, the greatest Honour that was done unto a Roman, was to allow him the Glory of a Triumph; the greatest and most dishonourable Punishment, was that of Parricide: He that was guilty of Parricide, was beaten with Rods upon his naked Body, till the Blood gushed out of all the Veins of his Body; then he was sewed up in a leathern Sack, called a Culeus, with a Cock, a Viper, and an Ape, and thrown headlong into the Sea.
'My Lord, Patricide is a greater Crime than Parricide, all the World over.
'In a Triumph, my Lord, when the Conqueror was riding in his triumphal Chariot, crowned with Laurels, adorned with Trophies, and applanded with Huzza's, there was a Monitor appointed to stand behind him, to warn him, not to be high-minded, not pussed up with over-weening Thoughts of himself; and to his Chariot were tied a Whip and a Bell, to mind him, that for all his Glory and Grandeur, he was accountable to the People for his Administration, and would be punished as other Men, if found guilty.
'The greatest Honour amongst us, my Lord, is to represent the Sovereign's sacred Person in Parliament; and in one Particular it appears to be greater than that of a Triumph; because the whole legislative Power seems to be wholly entrusted with him: If he give the royal Assent to an Act of the Estates, it becomes a Law obligatory upon the Subject, tho' contrary or without any Instructions from the Sovereign: If he refuse the royal Assent to a Vote in Parliament, it cannot be a Law, tho' he has the Sovereign's particular and positive Instructions for it.
'His Grace the Duke of Queensbary, who now represents her Majesty in this Session of Parliament, hath had the Honour of that great Trust, as often, if not more than any Scotchman ever had: He hath been the Favourite of two successive Sovereigne; and I cannot but commend his Constancy and Perseverance, that, notwithstanding his former Difficulties and unsuccessful Attempts, and maugre some other Specialities not yet determined, that his Grace has yet had the Resolution to undertake the most unpopular Measures last. If his Grace succeed in this Affair of an Union, and that it prove for the Happiness and Welfare of the Nation, then he justly merits to have a Statue of Gold erected for himself; but if it shall tend to the entire Destruction and Abolition of our Nation; and that we the Nation's Trustees Wall go into it; then I must say, that a Whip and a Bell, a Cock and a Viper, and an Ape, are but too small Punishments for any such bold unnatural Undertaking and Complaisance.
'That I may pave a Way, my Lord, to a full, calm, and free reasoning upon this Affair, which is of the last Consequence unto this Nation; I shall mind this honourable House, that we are the Successors of our noble Predecessors, who founded our Monarchy, framed our Laws, amended, altered, and corrected them from time to time, as the Affairs and Circumstances of the Nation did require, without the Assistance or Advice of any foreign Power or Potentate, and who, during the Time of 2000 Years, have handed them down to us a free independent Nation, with the Hazard of their Lives and Fortunes: Shall not we then argue for that which our Progenitors have purchased for us at so dear a Rate, and with so much immortal Honour and Glory? God forbid. Shall the Hazard of a Father unbind the Ligaments of a dumb Son's Tongue; and shall we hold our Peace, when our Patria is in danger? I speak this, my Lord, that I may encourage every individual Member of this House, to speak their Mind freely. There are many wise and prudent Men amongst us, who think it not worth their while to open their Mouths; there are others, who can speak very well, and to good Purpose, who shelter themselves under the shameful Cloak of Silence, from a Fear of the Frowns of great Men and Parties. I have observed, my Lord, by my Experience, the greatest Number of Speakers in the most trivial Affairs; and it will always prove so, while we come not to the right understanding of the Oath de fideli, whereby we are bound not only to give our Vote, but our faithful Advice in Parliament, as we should answer to God; and in our ancient Laws, the Representatives of the honourable Barons, and the royal Boroughs are termed Spokesmen. It lies upon your Lordships therefore particularly to take notice of such, whose Modesty makes them bashful to speak. Therefore I shall leave it upon you, and conclude this Point with a very memorable Saying of an honest private Gentleman to a great Queen, upon occasion of a State-Project, contrived by an able Statesman, and the Favourite to a great King, against a peaceful, obedient People, because of the Diversity of their Laws and Constitutions. If at this time thou bold thy peace, Salvation shall come to the People from another Place, but thou and thy House shall perish. I leave the Application to each particular Member of this House.
'My Lord, I come now to consider our Divisions. We are under the happy Reign (blessed be God) of the best of Queens, who has no evil Design against the meanest of her Subjects, who loves all her People, and is equally beloved by them again; and yet that under the happy Influence of our most excellent Queen there should be such Divisions and Factions, more dangerous and threatning to her Dominions, than if we were under an arbitrary Government, is most strange and unaccountable. Under an arbitrary Prince, all are willing to serve because all are under a Necessity to obey, whether they will or not. He chuses therefore whom he will, without respect to either Parties or Factions; and if he think fit to take the Advices of his Councils or Parliaments, every Man speaks his Mind freely, and the Prince receives the faithful Advice of his People without the Mixture of Self-Designs: If he prove a good Prince, the Government is easy; if bad, either Death or a Revolution brings a Deliverance: Whereas here, my Lord, there appears no end of our Misery, if not prevented in time; Factions are now become independent, and have got footing in Councils, in Parliaments, in Treaties, in Armies, in Incorporations, in Families, among Kindred, yea, Man and Wife are not free from their political Jars.
'It remains therefore, my Lord, that I enquire into the Nature of these Things, and since the Names give us not the right idea of the thing, I am afraid I shall have difficulty to make my self well understood.
'The Names generally used to denote the Factions, are Whig, and Tory, as obscure as that of Guelfs and Gibelins: Yea, my Lord, they have different Significations, as they are applied to Factions in each Kingdom; a Whig in England is a heterogeneous Creature, in Scotland he is all of a piece; a Tory in England is all of a piece, and a Statesman; in Scotland, he is quite otherwise, an Anti-courtier and Antistatesman.
'A Whig in England appears to be somewhat like Nebuchadnezzar's Image, of different Metals, different Classes, different Principles, and different Designs; yet take them altogether, they are like a piece of fine mixed Drugget of different threads, some finer, some coarser, which after all make a comely Appearance, and an agreeable Suit. Tory is like a Piece of loyal, Home-made English Cloth, the true Staple of the Nation, all of a Thread; yet if we look narrowly into it, we shall perceive diversity of Colours, which, according to the various Situations and Positions, make various Appearances: sometimes Tory is like the Moon in its full, as appeared in the Affair of the Bill of Occasional Conformity; upon other occasions it appears to be under a Cloud, and as if it were eclipsed by a greater Body, as it did in the Design of calling over the illustrious Princess Sophia. However, by this we may see their Designs are to outshoot Whig in his own Bow.
'Whig in Scotland is a true-blue Presbyterian, who, without considering Time or Power, will venture their All for the Kirk: but something less for the State. The greatest difficulty is, how to describe a Scots Tory: Of old, when I knew them first, Tory was an honest hearted comradish Fellow, who provided he was maintained and protected in his Benefices, Titles and Dignities by the State, he was the less anxious who had the Government and Management of the Church: But now what he is since jure Divino came in fashion; and that Christianity, and, by consequence, Salvation comes to depend upon Episcopal Ordination, I profess I know not what to make of him; only this I must say for him, that he endeavours to do by Opposition, that which his Brother in England endeavours by a more prudent and less scrupulous Method.
'Now, my Lord, from these Divisions, there has got up a kind of Aristocracy, something like the famous Triumvirate at Rome; they are a kind of Undertakers and Pragmatic Statesmen, who, finding their Power and Strength great, and answerable to their Designs, will make Bargains with our gracious Sovereign; they will serve her faithfully, but upon their own Terms; they must have their own Instruments, their own Measures; this Man must be turned out, and that Man put in, and then they will make her the most glorious Queen in Europe.
'Where will this end, my Lord? Is not her Majesty in Danger by such a Method? Is not the Monarchy in Danger? Is not the Nation's Peace and Tranquillity in Danger? Will a Change of Parties make the Nation more happy? No, my Lord, the Seed is sown, that is like to afford us a perpetual Increase; it's not an annual Herb, it takes deep root, it seeds and breeds; and if not timely prevented by her Majesty's Royal Endeavours, will split the whole Island in two.
'My Lord, I think, considering our present Circumstances at this Time, the Almighty God has reserved this great Work for us. We may bruise this Hydra of Division, and crush this Cockatrice's Egg. Our Neighbours in England, are not yet fitted for any such Thing; they are not under the afflicting Hand of Providence, as we are; their Circumstances are great and glorious, their Treaties are prudently managed, both at Home and Abroad, their Generals brave and valorous, their Armies successful and victorious, their Trophies and Laurels memorable and surprising; their Enemies subdued and routed, their strong Holds besieged and taken, Sieges relieved, Marshals killed and taken Prisoners, Provinces and Kingdoms are the Results of their Victories; their Royal Navy is the Terror of Europe, their Trade and Commerce extended through the Universe, encircling the whole habitable World, and rendering their own capital City the Emporium for the whole Inhabitants of the earth: And which is yet more than all these Things; the Subjects freely bestowing their Treasure upon their Sovereign; and above all, these vast Riches, the Sinews of War, and without which all the glorious Success had proved abortive, these Treasures are managed with such Faithfulness and Nicety, that they answer seasonably all their Demands, tho' at never so great a Distance. Upon these Considerations, my Lord, how hard and difficult a Thing will it prove, to persuade our Neighbours to a Self-denying Bill.
''Tis quite otherwise with us, my Lord, we are an obscure, poor People, tho' formerly of better Account, removed to a remote Corner of the World, without Name, and without Alliances, our Posts mean and precarious; so that I profess I don't think any one Post in the Kingdom worth the briguing after, save that of being Commissioner to a long Session of a factious Scots Parliament, with an antedated Commission, and that yet renders the rest of the Ministers more miserable. What hinders us then, my Lord, to lay aside our Divisions, to unite cordially and heartily together in our present Circumstances, when our All is at Stake? Hannibal, my Lord, is at our Gates, Hannibal is come within our Gates, Hannibal is come the length of this Table, he is at the Foot of this Throne, he will demolish this Throne; if we take not notice, he'll seize upon these Regalia, he'll take them as our spolia opima, and whip us out of this House, never to return again.
'For the Love of God then, my Lord, for the Safety and Welfare of our ancient Kingdom, whose sad Circumstances, I hope, we shall yet convert into Prosperity and Happiness! We want no Means, if we unite; God blessed the Peace-makers; we want neither Men, nor sufficiency of all manner of things necessary; to make a Nation happy; all depends upon Management; Concordia res parvæ crescunt. I fear not these Articles, tho' they were ten times worse than they are; if we once cordially forgive one another, and that, according to our Proverb, Bygones be Bygones, and Fairplay for Time to come. For my Part, in the Sight of God, and in the Presence of this honourable House, I heartily forgive every Man, and beg, that they may do the same to me; and I do most humbly propose, that his Grace my Lord Commissioner may appoint an Agape, may order a Love-feast for this honourable House, that we may lay aside all Self-designs, and, after our Fasts and Humiliations, may have a Day of Rejoicing and Thankfulness, may eat our Meat with Gladness, and our Bread with a merry Heart; then shall we sit each Man under his own Fig-tree, and the Voice of the Turtle shall be heard in our Land, a Bird famous for Constancy and Fidelity.
'My Lord, I shall make a Pause here, and stop going on farther in my Discourse, till I see further, if his Grace, my Lord Commissioner, receive any humble Proposals for removing Misunderstandings among us, and putting an end to our fatal Divisions: upon Honour, I have no other Design, and I am content to beg the Favour upon my bended Knees.
'My Lord Chancellor, I am sorry that I must pursue the Thread of my sad and melancholy Story: What remains, I am afraid may prove as afflicting as what I have said; I shall therefore consider the Motives which have engaged the two Nations to enter upon a Treaty of Union at this Time. In general, my Lord, I think both of them had in their View to better themselves by the Treaty; but, before I enter upon the particular Motives of each Nation, I must inform this honourable House, that, since I can remember, the two Nations have altered their sentiments upon that Affair, even almost to down-right Contradiction, they have changed Head-bands, as we say; for England, till of late, never thought it worth their Pains of treating with us; the good Bargain they made at the Beginning they resolve to keep, and that which we call an incorporating Union, was not so much as in their Thoughts. The first Notice they seemed to take of us, was in our Affair of Caledonia, when they had most effectually broke off that Design, in a Manner very well known to the World, and unnecessary to be repeated here; they kept themselves quiet during the Time of our Complaints upon that head. In which Time our Sovereign, to satisfy the Nation, and allay their Heats, did condescend to give us some good Laws, and amongst others that of personal Liberties; but England having declared their Succession, and extended their Entail, without ever taking Notice of us, our gracious Sovereign Queen ANN, was graciously pleased to give the Royal Assent to our Act of Security, to that of Peace and War after the Decease of her Majesty, and the Heirs of her Body, and to give us a Hedge to all our sacred and civil Interests, by declaring it High Treason to endeavour the Alteration of them, as they were then established. Thereupon did follow the threatning and minatory Laws against us by the Parliament of England, and the unjust and unequal Character of what her Majesty had so graciously condescended to in our Favours. Now, my Lord, whether the Desire they had to have us engaged in the same Succession with them; or whether they found us, like a free and independent People, breathing after more Liberty than what formerly was looked after; or whether they were afraid of our Act of Security, in case of her Majesty's Decease; Which of all these Motives has induced them to a Treaty, I leave it to themselves. This I must say only, they have made a good Bargain this Time also.
'For the particular Motives that induced us, I think they are obvious to be known; we found, by sad Experience, that every Man hath advanced in Power and Riches, as they have done in Trade; and at the same time considering, that no where through the World, Slaves are found to be rich, tho' they should be adorned with Chains of Gold; we thereupon changed our Notion of an incorporating Union, to that of a federal one; and, being resolved to take this Opportunity to make Demands upon them, before we enter into the Succession, we were content to empower her Majesty to authorize and appoint Commissioners to treat with the Commissioners of England, with as ample Powers as the Lords Commissioners from England had from their Constituents, that we might not appear to have less Confidence in her Majesty, nor more Narrow-heartedness in our Act, than our Neighbours of England: And thereupon last Parliament, after her Majesty's gracious Letter was read, desiring us to declare the Succession in the first Place, and afterwards to appoint Commissioners to treat, we found it necessary to renew our former Resolve, which I shall read to this honourable House:
Resolve presented by the Duke of Hamilton last Session of Parliament.
"That this Parliament will not proceed to the Nomination of a Successor, till we have had a previous Treaty with England, in relation to our Commerce, and other Concerns with that Nation. And further it is Resolved, that this Parliament will proceed to make such Limitations and Conditions of Government, for the Rectification of our Constitution, as may secure the Liberty, Religion, and Independency of this Kingdom, before they proceed to the said Nomination."
'Now, my Lord, the last Session of Parliament having, before they would enter into any Treaty with England, by a Vote of the House passed both an Act for Limitations, and an Act for Rectification of our Constitution, what mortal Man has Reason to doubt the Design of this Treaty was only federal?
'My Lord Chancellor, It remains now, that we consider the Behaviour of the Lords Commissioners at the opening of this Treaty: And, before I enter upon that, allow me to make this Meditation; that, if our Posterity, after we are all dead and gone, shall find themselves under an ill-made Bargain, and shall have Recourse unto our Records, and see who have been the Managers of that Treaty, by which they have suffered so much: When they read the Names, they will certainly conclude, and say, Ah! our Nation has been reduced to the last Extremity, at the Time of this Treaty; all our great Chieftains, all our great Peers and considerable Men, who used formerly to defend the Rights and Liberties of the Nation, have been all killed and dead in the Bed of Honour, before ever the Nation was necessitate to condescend to such mean and contemptible Terms: Where are the Names of the chief Men, of the noble Families of Stuarts, Hamiltons, Grahams, Campbels, Gordons, Johnstons, Humes, Murrays, Kers, &c? Where are the two great Officers of the Crown, the Constables and Marshals of Scotland? They have certainly all been extinguished, and now we are Slaves for ever.
'Whereas the English Records will make their Posterity reverence the Memory of the honourable Names, who have brought under their fierce, warlike and troublesome Neighbours, who had struggled so long for Independency, shed the best Blood of their Nation, and reduced a considerable part of their Country, to become waste and desolate.
'I am informed, my Lord, that our Commissioners did indeed frankly tell the Lords-Commissioners for England, that the Inclinations of the People of Scotland were much altered of late, in relation to an incorporating Union; and that therefore, since the Entail was to end with her Majesty's Life (whom GOD long preserve) it was proper to begin the Treaty upon the Foot of the Treaty of 1604 Year of GOD; the time when we came first under one Sovereign: But this the English Commissioners would not agree to; and our Commissioners, that they might not seem obstinate, were willing to treat and conclude in the Terms laid before this honourable House, and subjected to their Determination.
'If the Lords-Commissioners for England had been as civil and complaisant, they should certainly have finished a federal Treaty likewise, that both Nations might have the choice, which of them to have gone into, as they thought fit; but they would hear of nothing but an entire and compleat Union, a Name which comprehends an Union, either by Incorporation, Surrrender, or Conquest; whereas our Commissioners thought of nothing but a fair, equal, incorporating Union. Whether this be so, or no, I leave it to every Man's Judgment; but as for myself, I must beg liberty to think it no such thing: for I take an incorporating Union to be, where there is a Change both in the material and formal Points of Government, as if two Pieces of Metal were melted down into one Mass, it can neither be said to retain its former Form or Substance as it did before the Mixture. But now, when I consider this Treaty, as it hath been explained and spoke to, before us this three Weeks by past, I see the English Constitution remaining firm, the same two Houses of Parliament, the same Taxes, the same Customs, the same Excises, the same trading Companies, the same municipal Laws and Courts of Judicature; and all ours either subject to Regulations or Annihilations, only we have the Honour to pay their old Debts, and to have some few Persons present, for Witnesses to the Validity of the Deed, when they are pleased to contract more.
'Good God! What, is this an entire Surrender!
'My Lord, I find my Heart so full of Grief and Indignation, that I must beg Pardon not to finish the last Part of my Discourse, that I may drop a Tear, as the Prelude to so sad a Story.
After having sat down, and some Discourses by other Members intervening, he continued his Discourse thus:
'My Lord Chancellor, What I am now to say, relates to the Method of Proceeding in this weighty Affair: I hear it proposed by a noble Member of the other Side, that we should proceed in the same Order as the Lords-CommissionersTreaters did. In my humble Opinion, my Lord, it is neither the natural Method, nor can it be done without great Confusion and Repetition. To say, you'll agree to the Union of the two Kingdoms, before you agree in the Terms upon which they are to be united, seems like driving the Plough before the Oxen. The Articles, which narrate the Condition seem to be the Premisses upon which the Conclusion is inferred; and, according as they are found good or bad, the Success will follow. When a Man is married to a Fortune in England, as they call it, I suppose he is satisfy'd with the Thing before he determines himself to marry; and the Proposal I have heard of agreeing to the first Article, with a Proviso, That if the rest of the Articles shall be found satisfactory, and no otherwise, is of a Piece with the rest, and looks like beating the Air, and no ways consistent with fair and square Dealings. Besides, my Lord, if we were to go upon the first Article; are not all the rest of the Articles, besides many others not contained in the Articles, valid Arguments either Pro or Con. against concluding or not concluding the first Article? And no Vote in this House can hinder a Man from making use of what Arguments he thinks fit. Moreover, the searching the Records, and the revising the Statute-Books, comparing the Book of Rates, Customs, Excise, Taxes, of both Nations one with another, must all be previously considered ere we determine our selves in one single Article; add to this, that the prohibitory Clause with Relation to the Trade of both Nations, must be adjusted, left like Æsop's Dog, we lose the old, in grasping at the new; the State of the English Companies must also be exposed, how far we shall have Liberty into them, and what Advantage we may propose to ourselves, by trading to these Places where they are secured; and above all, my Lord, the Security of our national Church, and all that's dear unto us, must be previously established to us, if practicable, before we conclude the first Article.
'Therefore, my Lord, though my particular Opinion be, though we had a Cart-blanch from England; yet the delivering up of our Sovereignty, gives back with one Hand, what we receive with the other, and that there can be no Security without the Guarantee of a distinct Independency betwixt the Parties treating: Yet, my Lord, for further Satisfaction to this honourable House, that every Member may fully satisfy himself, I humbly propose, that, passing by the first three Articles, which appear to be much of a Piece, we begin the fourth Article of the Treaty; and if I be seconded in this, I desire it may be put to the Question.
While this Struggle continued in the Scottish Parliament, the following Incident happened without Doors.
An Account of the burning the Articles of the Union at Dumfries,
These are to notify to all concerned, what are our Reasons for, and Designs in, the burning of the printed Articles of the proposed Union with England, with the Names of the Scots Commissioners, Subscribers thereof: together with the Minutes of the whole Treaty, betwixt them and the English Commissioners thereanent.
An account of burning the articles at Dumfries.
'We have herein no Design against her Majesty, nor against England, nor any Englishman; neither against our present Parliament, in their Acts or Actings, for the Interest, Safety and Sovereignty of this our native and ancient Nation: But to testify our dissent from, discontent with, and Protestation against, the twenty-five Articles of the said Union, subscribed by the foresaid Commissioners, as being inconsistent with, and altogether prejudicial to, and utterly destructive of this Nation's Independency, Crown-rights, and our constitute Laws, both sacred and civil. We shall not here condescend to enlarge upon the particular Prejudices, that do, and will redound to this Nation, if the said Union should be carried on, according to the printed Articles: But refer the Reader to the Variety of Addresses, given in to the present Parliament, by all Ranks, from almost all Corners of the Nation against the said Union: Only we must say, and profess, that the Commissioners for this Nation, have been either simple, ignorant, or treacherous, if not all three; when the Minutes of the Treaty betwixt the Commissioners of both Kingdoms are duly considered; and when we compare their dastardly Yieldings unto the Demands and Proposals of the English Commissioners; who, on the contrary, have valiantly acquitted themselves for the Interest and Safety of their Nation.
'We acknowledge it is in the Power of the present Parliament, to give Remissions to the Subscribers of the foresaid Articles; and we heartily wish for a good Agreement among all the Members of the Parliament, so as it may tend to the Safety, and Preservation of both Church and State, with all the Privileges belonging thereto, within the Kingdom of Scotland.
'But if the Subscribers of the foresaid Treaty and Union, with their Associates in Parliament, shall presume to carry on the said Union, by a supream Power, over the Generality of this Nation: Then, and in that Case, as we judge, that the Consent of the Generality of the same, can only divest them of their sacred and civil Liberties, purchased and maintained by our Ancestors with their Blood: So we protest, whatever Ratification of the foresaid Union may pass in Parliament, contrary to our fundamental Laws, Liberties, and Privileges, concerning Church and State, may not be binding upon the Nation, now nor at any Time to come: And particularly we protest against the Approbation of the first Article of the said Union, before the Privileges of this Nation, contained in the other Articles, had been adjusted and secured: And so we earnestly require, that the Representatives in Parliament, who are for our Nation's Privileges would give timeous Warning to all the Corners of the Kingdom; that we and our Posterity become not tributary and Bondslaves to our Neighbours, without acquitting our selves, as becomes Men and Christians: And we are confident, that the Soldiers now in martial Power, have so much the Spirits of Scotsmen, that they are not ambitious to be disposed of at the Pleasure of another Nation: And we hereby declare, that we have no Design against them in this Matter.
'This was publicly read from the Market-cross of Dumfries, about One of the Clock in the Afternoon, the 20th Day of November, 1706, with great Solemnity, in the Audience of many thousands; the Fire being surrounded by double Squadrons of Foot and Horse, in martial Order. And, after the burning of the said Books, which were holden up, burning on the Point of a Pike, to the View of all the People, giving their Consent by Huzza's and chearful Acclamations, a Copy hereof was left affixed on the Cross, as the Testimony of the South Part of this Nation against the proposed Union, as moulded in the printed Articles thereof. This we desire to be printed, and kept on Record, ad suturam rei memoriam.
But notwithstanding all Opposition in, or Resentment out of Parliament, the Union was at last carried, agreeable to the following Articles.
The Articles of the UNION at they passed with Amendments in the Parliament of Scotland, and ratisied by the Touch of the Royal Scepter at Edinburgh, January 16, 1707, by James Duke of Queensbury, her Majesty's High Commissioner for that Kingdom.
Note, That the Amendments are in Italic, that they may the better appear to the Reader's View.
Articles of Union, with their Amendments distinguished.
I. 'That the two Kingdoms of (fn. 1) 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, be such as her Majesty shall appoint; and the Crosses of St. Andrew and St. George be conjoined in such a 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 Majesty, and in default of Issue of her Majesty, be, remain, and continue to the most Excellent Princess Sophia, Electress and Duchess 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 the Reign of his late Majesty King William the Third, entitled, An Act for further Limitation of the Crown, and better securing 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 belonging, 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 Papist, or Person marrying a Papist, was naturally dead, according to the Provision for the Defcent 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 settliug the Succession of the Crown.
III. 'That the united Kingdom of Great-Britain be represented by one and the same Parliament, to be stiled 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 and 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 expresly agreed in these Articles.
V. 'That all Ships or Vessels, belonging to her Majesty's Subjects of Scotland, at the Time of ratifying the Treaty of Union of the two Kingdoms, in the Parliament of Scotland, though foreign built, be deemed, and pass as Ships of the Build of Great-Britain; the Owner, or where there are more Owners, one or more of the Owners, within twelve Months after the first of May next, making Oath, that, at the Time of ratifying the Treaty of Union in the Parliament of Scotland, the same did, in whole, or in part, belong to him or them, or to some other Subject or Subjects of Scotland, to be particularly named, with the Place of their respective Abodes; and that the same doth then, at the time of the said Deposition, wholly belong to him, or them, and that no Foreigner, directly or indirectly, hath any Share, Part, or Interest therein. Which Oath shall be made before the chief Officer or Officers of the Customs, in the Port next to the Abode of the said Owner or Owners: And the said Officer or Officers, shall be empowered to administrate the said Oath: And the Oath being so administrated, shall be attested by the Officer or Officers, who administrated the same. And, being registered 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 transmitted by the said Officer 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, Encouragements, and Draw-backs, and be under the same Prohibitions, Restrictions, and Regulations of Trade, and liable to the same Customs and Duties, and Import and Export. And that the Allowances, Encouragements, and draw-backs, 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:' Excepting and reserving the Duties upon Export and Import, of such particular Commodities, from which any Persons, the Subjects of either Kingdom, are specially liberated and exempted by their private Rights, which, after the Union, are to remain safe and entire to them in all respects, as before the same. And that from, and after the Union, no Scots Cattle carried into England, shall be liable to any other Duties, either on the public or private Accounts, than these Duties, to which the Cattle of England are, or shall be liable within the said Kingdom. And seeing, by the Laws of England, there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats grinded or ungrinded are not expressed, that from, and after the Union, when Oats shall be sold at fifteen Shillings Sterling per Quarter, or under, there shall be paid two Shillings and Six-pence Sterling for every Quarter of the Oatmeal exported, in the Terms of the Law, whereby, and so long as Rewards are granted for Exportation of other Grains; and that the Beer of Scotland, have the same Reward as Barley: And in respect the Exportation of Victual into Scotland from any Place beyond Sea, would prove a Discouragement to Tillage, therefore that the Prohibition, as now in Force by the Law of Scotland, against Importation of Victual from Ireland, or any other Place beyond Sea into Scotland, do, after the Union, remain in the same Force as now it is, until more proper and effectual Ways be provided by the Parliament of GreatBritain, for discouraging the Importation of the said Victual from beyond Sea.
VII. 'That all Parts of the united Kingdom be for ever, from, and after the Union, liable to the same Excises upon all excisable Liquors,' Excepting only that the thirty-four Gallons English Barrel of Beer or Ale, amounting to twelve Gallons Scots present Measure, sold in Scotland by the Brewer at nine Shillings Six pence Sterling, excluding all Duties, and retailed, including Duties, and the Retailers Profit at two Pence the Scots Pint, or eighth Part of the Scots Gallon, be not after the Union liable on account of the present Excise upon excisable Liquors in England, to any higher Imposition than two Shillings Sterling upon the foresaid thirty-four Gallons English Barrel, being twelve Gallons the present Scots Measure.
'And that the Excise settled in England on all other Liquors, when the Union commences, take place throughout the whole united Kingdom.
VIII. '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 in regard the Duties of great Quantities of foreign Salt imported, may be very heavy upon the Merchants Importers, that therefore all foreign Salt imported into Scotland, shall be cellered and locked up under the Custody of the Merchant Importer, and the Officers employed for levying the Duties upon Salt; and that the Merchant may have what Quantities thereof his Occasions may require, not under a Weigh or forty Bushels at a Time, giving Security for the Duty, of what Quantities he receives, payable in six Months. 'But Scotland shall, for the space of seven Years, from the said Union, be exempted from 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 as Salt made in England, to be levied and secured in the same manner, and with proportionable Draw-backs and Allowances as in England, with this Exception,' That Scotland shall, after the said seven Years, remain exempted from the Duty of two Shillings and four Pence the Bushel on home-Salt, imposed by an Act made in England in the ninth and tenth Years of King William the Third of England; and if the Parliament of Great-Britain shall, at, or before the expiring of the said seven Years, substitute any other Fund, in place of the said two Shillings and four Pence of Excise upon the Bushel of home Salt, Scotland shall, after the said seven Years, bear a Proportion of the said Fund, and have an Equivalent in the Terms of this Treaty. 'And that, during the said seven Years, there shall be paid in England for all Salt 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, after the said seven Years,' how long the said Duty of two Shillings four Pence a Bushel upon Salt is continued in England, the said two Shillings four Pence a Bushel, shall be payable for all Salt made in Scotland, and imported into England, to be levied and secured in the same manner; and that during the Continuance of the Duty of two Shillings four Pence a Bushel upon Salt made in England,' 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 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, for establishing an Equality in Trade, that all Flesh exported from Scotland to England, and put on Board in Scotland, to be exported to Ports beyond the Sea,' and Provisions for Ships in Scotland, and for foreign Voyages, may be salted with Scots Salt, paying the same Duty for what Salt is so employed, as the like Quantity of such Salt pays in England, and under the same Penalties, Forfeitures and Provisions, for preventing of such Frauds as are mentioned in the Laws of England: 'And that, from and after the Union, the Laws and Acts of Parliament in Scotland for pineing, curing and packing of Herrings, white Fish and Salmon, for Exportation with foreign Salt only, without any Mixture of British or Irish Salt; 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,' and without Mixture of British or Irish Salt, shall have the same Eases, Premiums and Draw-backs, as are or shall be allowed to such Persons as export the like Fish from England: 'And that for Encouragement of the Herring-fishing,' there shall be allowed and payed to the Subjects, Inhabitants of Great-Britain, during the present Allowances for other Fishes, ten Shillings five Pence Sterling for every Barrel of white Herring, which shall be exported from Scotland; and that they shall be allowed five Shillings Sterling for every Barrel of Beef or Pork salted with foreign Salt, without Mixture of British or Irish Salt, and exported for Sale from Scotland to Parts bèyond Sea, alterable by the Parliament of Great-Britain. 'And if any Matters of Frauds, relating to the said Duties on Salt, shall hereafter appear, which are not sufficiently 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, four Pence Half-penny, 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 there, for granting an Aid to the Crown by a LandTax; that Part of the united Kingdom, now called Scotland, shall be charged by the same Act, with a further Sum of forty-eight thousand Pounds, free of all Charges, 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 same 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 stamped Paper, Vellom and Parchment, by the several Acts now in Force in England, Scotland shall not be charged with the same respective Duties.
XI. 'That, during the continuance of the Duties payable 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 therewith for Coals, Culm and Cinders consumed there, but shall be charged with the same Duties as in England, for all Coals, 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 thousand 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; providing nevertheless, that, if the Parliament of England shall think fit to lay any further Impositions, by way of Custom, or such Excises, with which, 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, with this further Provision,' That any Malt to be made and consumed in that Part of the united Kingdom now called Scotland, shall not be charged with any Imposition on Malt during this War. 'And seeing it cannot be supposed, that the Parliament of GreatBritain will ever lay any sort of Burthens upon 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, that there be no further Exemption insisted on for any Part of the united Kingdom, but that the Consideration of any Exemptions beyond what is already agreed on in this Treaty, shall be left to the Determination of the Parliament of Great Britain.
XV. 'That 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 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 after mentioned, being the Equivalent, to be answered to Scotland, for such Parts of the said Customs, and Excises upon all excisable 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 in 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 excisable Liquors in Scotland, being thirty-three thousand and five hundred Pounds per Annum, do bear to the Excises on excisable Liquors in England, computed at nine hundred forty-seven Thousand, six hundred and two Pounds per Annum; which Sum of three hundred ninety-eight Thousand, eighty-five Pounds ten Shillings, shall be due and payable from 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 Account of the Increase of Trade and People, (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 reasonable 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 further, and more effectual answering the several Ends hereafter mentioned, it is agreed, That, from and after the Union, the whole Increase of the Revenues of Customs, and Duties on Import and Export, and Excises upon excisable 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, to 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 the said Increase, as shall be applicable to the Debts of England:' And generally, that 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, in respect of which Debts, Equivalents are herein before provided. 'And as for the Uses to which the said Sum of three hundred ninety-eight Thousand, 'eighty-five Pounds ten Shillings, to be granted as aforesaid, and all other Monies which are to be answered or allowed to Scotland, as said is, are to be applied, it is agreed, That, in the first place, out of the foresaid Sum, 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 of England, may be made good. In the next place, that the capital Stock, or Fund of the African and Indian Company of Scotland, advanced together with the Interest for the said capital Stock, after the Rate of 5 per Cent. per Annum, from the respective Times of the Payment thereof, shall be paid; 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 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 Licence to trade, providing, That if the said Stock and Interest shall not be paid in twelve Months after the Commencement of the Union, that then the said Company may from thence forward trade, or give Licence to trade, until the said whole capital Stock and Interest shall be paid. 'And as to the Overplus of the said Sum of three hundred ninety-eight Thousand, eighty-five Pounds ten Shillings, after Payment of what Consideration shall be had for Losses, in repairing the Coin, and paying 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, upon the Improvement thereof in Scotland after the said Term of seven Years: 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 may be applied in the manner following, viz. That all the public Debts of the Kingdom of Scotland, as shall be adjusted by the present Parliament, shall be paid: And that two thousand Pounds per annum, for the space of seven Years, shall be applied towards encouraging and promoting the Manufacture of coarse Wool, within those Shires which produce the Wool; and that the first two thousands Sterling be paid at Martiumas next, and so yearly at Martinmas during the Space aforesaid. 'And afterwards the same shall be wholly applied towards the 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, 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 Abbreviates of the Produce of such Revenues and Duties arising in their respective Districts: And that the said Commissioners shall have their Office within the Limits of Scotland, and shall in such Office keep Books, containing Accounts of the Amount of the Equivalents, and how the same shall have been disposed of from time to time; which may be inspected by any of the Subjects who shall 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, and the present Officers of the Mint continued, subject to such Regulations and Alterations 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 Burghs 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 Burghs, from the Standards kept in the Exchequer at Westminster, subject nevertheless to such Regulations as the Parliament of Great-Britain shall think fit.
XVIII. 'That the Laws concerning Regulation of Trade, Customs, and such Excises, to which Scotland is, by virtue of this Treaty, to be liable, be 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 this Treaty) but alterable by the Parliament of Great-Britain, with this Difference betwixt the Laws concerning public Right, Polity, and Civil Government, and those which concern private Right; that the Laws which concern public Right, Polity, and Civil Government, may be made the same throughout the whole united Kingdom; but that no Alteration be made in 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 hereafter none shall be named by her Majesty and her Royal Successors, to be ordinary Lords of Session, but such who have served in the College of Justice as Advocates, or principal Clerks of Session for the Space of five Years; or as Writers to the Signet, for the Space of ten Years; with this Provision, that no Writer to the Signet be capable to be admitted a Lord of the Session, unless be undergo a private and public Trial on the Civil Law before the Faculty of Advocates, and be found by them qualified for the said Office, two Years before be be named to be a Lord of the Session: Yet so, as the Qualification made, or to be made, for capacitating Persons to be named ordinary Lords of Session, may be altered by the Parliament of Great-Britain. 'And that the Court of Justiciary, do also, 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 as shall be made by the Parliament of GreatBritain, and without Prejudice of other Rights of Justiciary: And that all Admiralty-Jurisdictions be under the Lord High Admiral, or Commissioners for the Admiralty of Great-Britain, for the Time being; and that the Court of Admiralty, now established in Scotland, be continued, and that all Reviews, Reductions, or Suspensions of the Sentences in Maritime Cases, competent to the Jurisdiction of that Court, remain in the same Manner after the Union, as now in Scotland, until the Parliament of Great-Britain shall make such Regulations and Alterations, as shall be judged expedient for the whole united Kingdom, so as there be always continued in Scotland, a Court of Admiralty, such as in England, for Determination of all Maritime Cases relating to private Rights in Scotland, competent to the Jurisdiction of the Admiralty Court, subject nevertheless to such Regulations and Alterations, as shall be thought proper to be made by the Parliament of Great-Britain; and that the heritable Rights of Admiralty and Vice-admiralties in Scotland, be reserved to the respective Proprietors, as Rights of Property; subject nevertheless, as to the Manner of exercising such heritable Rights, to such Regulations and Alterations, as shall be thought proper to be made by the Parliament of Great-Britain; and that all other Courts now in being within the Kingdom of Scotland, do remain, but subject to Alterations by the Parliament of Great-Britain; and that all inferior Courts, within the said Limits, do remain subordinate, as they are now, to the supreme Courts of Justice within the same in all Time coming; and that no Causes in Scotland be cognizable by the Courts of Chancery, Queen's-Bench, Common-Pleas, or any other Court in Westminster-Hall; and that the said Courts, or any other of the like Nature, after the Union, shall have no Power to cognize, review, or alter the Acts or Sentences of the Judicatures within Scotland, to stop the Execution of the same. And that there be a Court of Exchequer in Scotland, after the Union, for deciding Questions, concerning the Revenues of Customs and Excises there, having the same Power and Authority in such Cases, as the Court of Exchequer has in England; and that the said Court of Exchequer in Scotland have Power of passing Signatures, Gifts, Tutories, and in other Things, as the Court of Exchequer at present in Scotland hath; and that the Court of Exchequer that now is in Scotland, do remain until a new Court of Exchequer be settled by the Parliament of Great-Britain, in Scotland, after the Union; and that, after the Union, the Queen's Majesty, and her Royal Successors, may continue a PrivyCouncil in Scotland. for preserving the public Peace and Order, until the Parliament of Great-Britain shall think fit to alter it, or establish any other effectual Method for that End.
XX. 'That all heritable Offices, Superiorities, heritable Jurisdictions, Offices for Life, and Jurisdictions for Life, be reserved for the Owners thereof, as Rights of Property, in the same Manner as they are now enjoyed by the Laws of Scotland, notwithstanding this Treaty.
XXI. 'That the Rights and Privileges of the Royal Boroughs in Scotland as they are, do remain entire after the Union, and notwithstanding thereof.
XXII. 'That by Virtue of this Treaty, of the Peers of Scotland, at the Time of the Union, sixteen shall be the Number to sit and vote in the House of Lords, and fortyfive the Number of the Representatives of Scotland in the House of Commons of the Parliament of Great Britain; and that, when her Majesty, her Heirs, or Successors, shall declare her or their Pleasure, for holding the first or any subsequent Parliament of Great-Britain, until the Parliament of Great-Britain shall make further Provision therein, a Writ do issue under the Great Seal of the united Kingdom, directed to the Privy-Council of Scotland, commanding them to cause sixteen Peers, who are to sit in the House of Lords, to be summoned to Parliament, and forty-five Members to be elected to sit in the House of Commons in the Parliament of Great-Britain, according to the Agreement in this Treaty, in such Manner as by an Act of this present Session of the Parliament of Scotland, is, or shall be settled;' Which Act is hereby declared to be as valid as if it were a Part of, and engrossed in this Treaty: 'And that the Names of the Persons so summoned and elected, shall be returned by the Privy-Council of Scotland, into the Court from whence the said Writ did issue. And that, if her Majesty, on or before the first Day of May next, on which Day the Union is to take place, shall declare under the Great Seal of England, that it is 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 England, then the said Lords of Parliament of England, and Commons of the present Parliament of England, shall be the Members of the respective Houses of the first Parliament of Great-Britain, for, and on the Part of England, And her Majesty may, by her Royal Proclamation, under the Great Seal or Great-Britain, appoint the said first Parliament of Great-Britain, to meet at such Time and Place as her Majesty shall think fit, which Time shall not be less than fifty Days after the Date of such Proclamation, and the Time and Place of the Meeting of such Parliament being so appointed, a Writ shall be immediately issued under the Great Seal of Great-Britain, directed to the Privy-Council of Scotland, for the summoning the sixteen Peers, and for electing forty-five Members, by whom Scotland is to be represented in the Parliament of Great-Britain: And the Lords of Parliament of England, and the sixteen Peers of Scotland, such sixteen Peers being summoned and returned in the Manner agreed in this Treaty; and the Members of the House of Commons of the said Parliament of England, and the fortyfive Members for Scotland, such forty-five Members being elected and returned in the Manner agreed in this Treaty, shall assemble and meet respectively, in their respective Houses of the Parliament of Great Britain, at such Time and Place as shall be so appointed by her Majesty, and shall be the Houses of the first Parliament of Great-Britain, and that Parliament may continue for such Time only as the present Parliament of England might have continued, if the Union of the two Kingdoms had not; been made, unless sconer dissolved by her Majesty: And that every one of the Lords of Parliament of Great-Britain, and every Member of the House of Commons of the Parliament of GreatBritain, in the first, and all succeeding Parliaments of GreatBritain, until the Parliament of Great-Britain shall otherways direct, shall take the respective Oaths of Allegiance and Supremacy, by an Act of Parliament made in England, in the first Year of the Reign of the late King William and Queen Mary, entitled, An Act for the abrogating of the Oaths of Supremacy and Allegiance, and appointing other Oaths, and make, subscribe, and audibly repeat the Declaration mentioned in an Act of Parliament made in England, in the thirtieth Year of the Reign of King Charles the Second, entitled, An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament, and shall take and subscribe the Oath mentioned in an Act of Parliament made in England, in the first Year of her Majesty's Reign, entitled, An Act to declare the Alterations in the Oath appointed to be taken by the Act, entitled, An Act for the further Security of his Majesty's Person, and the Succession of the Crown in the Protestant Line, and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors, and for the declaring the Association, to be determined at such Time, and in such Manner, as the Members of both Houses of Parliament of England, are by the said respective Acts, directed to take, make, and subscribe the same, upon the Penalties and Disabilities in the said respective Acts contained. And it is declared and agreed, that these Words, this Realm, the Crown of this Realm, and the Queen of this Realm, mentioned in the Oaths and Declaration contained in the aforesaid Acts, which were intended to signify the Crown and Realm of England, shall be understood of the Crown and Realm of Great-Britain; and that in that Sense, the said Oaths and Declaration be taken and subscribed by the Members of both Houses of the Parliament of Great-Britain.
XXIII. 'That the aforesaid sixteen Peers of Scotland, mentioned in the last preceeding Article, to sit in the House of Lords of the Parliament of Great-Britain, shall have all Privileges of Parliament, which the Peers of England now have, and which they, or any Peers of Great-Britain, shall have after the Union; and particularly the Right of sitting upon the Tryals of Peers: And, in case of the Tryal of any Peer in time of Adjournment or Prorogation of Parliament, the said sixteen Peers shall be summoned in the same Manner, and have the same Powers and Privileges at such Tryals, as any other Peers of Great-Britain: And that, in case any Tryals of Peers shall hereafter happen, when there is no Parliament in being, the sixteen Peers of Scotland, who sat in the last preceding Parliament, shall be summoned in the same Manner, and have the same Powers and Privileges at such Tryals, as any other Peers of Great-Britain, and that all Peers of Scotland, and their Successors to their Honours and Dignities, shall, from, and after the Union, be Peers of Great-Britain, and have Rank and Precedency next, and immediately after the Peers of the like Orders and Degrees in England at the Time of the Union, and before all Peers of Great-Britain, of the like Orders and Degrees, who may be created after the Union, and shall be tried as Peers of Great Britain, and shall enjoy all Privileges of Peers as fully as the Peers of England do now, or as they or any other Peers of Great-Britain may hereafter enjoy the same, except the Right and Privilege of sitting in the House of Lords, and the Privileges depending thereon, and particularly the right of sitting upon the Tryals of Peers.
XXIV. 'That, from and after the Union, there be one Great Seal for the united Kingdom of Great-Britain, which shall be different from the Great Seal now used in either Kingdom; and that the quartering the Arms,' and the Rank and Precedency of Lyon King of Arms of the Kingdom of Scotland, 'as may best suit the Union, be left to her Majesty: And that, in the mean Time, the Great Seal of England be used as the Great Seal of the united Kingdom, sealing Writs to elect and summon the Parliament of GreatBritain, and for sealing all Treaties with foreign Princes and States, and all public Acts, Instruments, and Orders of State, which concern the whole united Kingdom, and in all other Matters relating to England, as the Great Seal of England is now used; and that a Seal in Scotland, after the Union, be always kept, and made use of in all Things relating to private Rights or Grants, which have usually passed the Great Seal of Scotland, and which only concern Offices, Grants, Commissions, and private Rights within that Kingdom: And that, until such Seal shall be appointed by her Majesty, the present Great-Seal of Scotland shall be used for such Purposes: And that the Privy-Seal, Signet-Casset, Signet of the Justiciary Court, Quarter-Seal, and Seals of Courts now used in Scotland, be continued: But that the said Seals be altered and adapted to the State of the Union, as her Majesty shall think fit; and the said Seals, and all of them, and the Keepers of them, shall be subject to such Alterations as the Parliament of Great-Britain shall hereafter make:' And that the Crown, Scepter, and Sword of State, the Records of Parliament, and all other Records, Rolls and Registers whatsoever, both public and private, general and particular, and Warrants thereof, continue to be kept as they are, within that Part of the united Kingdom now called Scotland; and that they shall so remain in all Time coming, notwithstanding of the Union.
XXV. 'That all Laws and Statutes in either Kingdom, so far as they are contrary to, or inconsistent with the Terms of these Articles, or any of them, shall, from and after the Union, cease, and become void, and shall be so declared to be, by the respective Parliaments of the said Kingdoms.'
The Preamble to the Articles.
'The Estates of Parliament considering that the Articles of Union of the Kingdoms of Scotland and England, were agreed on the twenty-second of July, 1706 Years, by the Commissioners nominated on Behalf of this Kingdom, under her Majesty's Great Seal of this Kingdom of Scotland, bearing Date the twenty-seventh 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, the tenth Day of April last, 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 were, in all Humility, presented to her Majesty upon the twenty-third of the said Month of July, and were recommended to this Parliament, by her Majesty's Royal Letter of the Date of the thirty-first Day of July, 1706 Years: And that the said Estates of Parliament have agreed to, and approven of the said Articles of Union, with some Additions and Explanations, as is contained in the Articles hereafter inserted: And sicklike her Majesty, with Advice and Consent of the Estates of Parliament, resolving to establish the Protestant Religion, and Presbyterian Church-Government within this Kingdom, has past in this Session of Parliament, an Act, entitled, An Act for securing the Protestant Religion, and Presbyterian Church Government, which by the Tenor thereof is appointed to be inserted in any Act ratifying the Treaty; and expresly declared to be a fundamental and essential Condition of the said Treaty of Union, in all Time coming. Therefore her Majesty, with Advice and Consent of the Estates of Parliament, in Fortification of the Approbation of the Articles as above mentioned, and for the further and better Establishment of the same, upon full and mature Deliberation upon the aforesaid 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 Provision after mentioned.'
A State of the Revenues and public Income of the Kingdom of England, as they stood when the Articles of Union between England and Scotland were agreed on, viz. The Revenues appropriated for the better Support of Her Majesty's Houshold, and of the Honour and Dignity of the Crown (by an Act 1 Annæ Reginæ) during Her Majesty's Life.
The Excise of 2 s. 6 d. per Barrel on Beer, Ale, &c. excluding 3,700 l. a Week appropriated thereout for public Uses, and including so much of the Charges of Management, as is paid by the Cashier, according to a Medium of three Years last past, amounts to 286,178 l. per Annum.
The further Subsidies of Tonnage and Poundage, and other Duties upon Wines, Goods and Merchandizes imported (exclusive of Draw-backs by Debentures and Allowances for damaged Goods) by a like Medium, is 356,841 l.
The Revenue of the General Letter-Office or Post-Office, by a like Medium, including Charges of Management paid by the Receiver, is 101,101 l.
The Produce of the Fines arising in the AlienationOffice, (including the necessary Expences of the Court of Chancery, and other Charges borne thereout) is by a Medium, 4,804 l.
The past Fines by a Reserved Rent on a Grant thereof in being, is 2,276 l.
The Produce of the Revenue arising by Wine-Licences, including Charges of Management, by a Medium, is 6,314 l.
Sheriffs Proffers communibus annis about 1,040 l.
Composition in Exchequer by a Medium of Three Years, 13 l.
Seizures of uncustom'd and Prohibited Goods the like, 13,005 l.
The Revenue of the Duchy of Cornwal, consisting of the Custom, Coinage, Duty of Tin, Rents of Lands, Fines of Leases, and other Revenues, certain and casual, amounts about 9,869 l.
The Revenue of the Principality of Wales, about 6,857 l.
Other Revenues arising by Rents of Lands, and Fines of Leases, &c. by a Medium of what is paid into the Exchequer in the last three Years, amount to about 2,906 l.
So the Total of the Revenues, reckoning upon a Medium as aforesaid, and including the said Charges of raising the same, is about 691204 l.
The other public Income.
Customs and Subsidies of Tonnage and Poundage, by several Acts of Parliament continue till the first of August, 1710, and are appropriated for discharging such Debts or Incumbrances as in the said Acts are mentioned. These, excluding Drawbacks by Debentures, Portage Bills, and Allowances for damag'd Goods, and including Charges of Management paid by the Cashier, according to a Medium of three Years last past, do produce about 345,704 l.
Impositions on Wines, Vinegar, Tobacco, and East-India Goods, which continue to the said first of August, 1710, are appropriated for discharging of Debts, as aforesaid, and excluding Drawbacks by Debentures, and Allowances for damaged Goods, by a like Medium, are about 373,485 l.
Additional Impositions on Goods and Merchandizes are continued and appropriated as aforesaid. These, excluding Drawbacks and Allowances, by a like Medium, produce 39,645 l.
The Duties on Coals, Culm, and Cinders, continued till the 30th September 1710, are appropriated to such Uses, as in the Acts of Parliament for the same are mentioned, by a like Medium, 114,688 l.
The 15 l. per Cent. on Muslins, and the Duties on Coffee, Tea, Spices, Pictures, &c. with the Additional Duties lately imposed thereon, and upon Callicoes, China-Wares, and unrated Drugs, are all granted and continued to the 24th of June 1710, appropriated for Re-payment of Loans with Interest, the former Duties, by a Medium of the last three Years, (excluding Drawbacks and Allowances for damaged Goods) produced 42,475 l. and the new Duties are estimated at 74,000 l. per Annum, which together is 116,475 l.
Twenty-five Pounds per Cent. additional Duty on French Goods continued for the Residue of a Term of 21 Years from 28th February 1696, is applicable to any Uses of the War, and the Produce thereof, by a Medium of the last three Years, excluding Allowances for damaged Goods, is about 10,794 l,
Five shil. per Ton on French Shipping granted the 12th Car. 2di. is to continue so long as the Duty of 50 Sols per Ton on English Shipping in France, and three Months longer, and is applicable to any uses of the War: the Medium of the last three Years, amounts to 81 l.
Plantation Duties granted 25 Car. II. on Goods carried from one Plantation to another, are not particularly appropriated, but applied to the Uses of the War: the said Medium is 877 l.
Four and ½ per Cent. in Specie arising in Barbadoes and the Leeward Islands, subject to an Annuity payable to the Heirs and Assigns of the Earl of Kinoul, are applied thereunto, and towards the Support of these Islands, purstiant to an Address of the House of Commons in that Behalf: a Medium of the Produce of the said Duty by Sales thereof made herein the last three Years, is 6459 l.
Coinage Duty (being 10 sh. per Ton on Wines imported) is continued to the 1st of June 1708, and appropriated to the Use of the Mint, and by a Medium of three Years (excluding Drawbacks, and Allowances for damaged Wine) is about 7350 l.
The Duties on Whale-Fins and Scots Linen continued till the 1st of August 1710, are appropriated for discharging of Loans and other Debts (exclusive of Drawbacks and Allowances for Damage) by a like Medium may be, 10939 l.
One third additional Tonnage and Poundage granted for four Years, from the 8th of March 1703, and applicable to the Repayment of Loans and Interest; and by another Act continued from the 8th of March 1706, for 98 Years, for Payment of certain Annuities; the Produce thereof in the Year ended at Christmas last (exclusive of Drawbacks and Allowances for damaged Goods) was 81,746 l.
Two thirds additional Tonnage and Poundage granted for four Years, from the 8th of March 1704, are applicable to the Re-payment of Loans and Interest, the Produce thereof may be esteem'd to be at least 160,000 l.
Three thousand seven hundred Pound a Week to be taken out of the Hereditary and Temporary Excise on Beer, Ale, &c. is appropriated for Payment of Interest to divers Bankers and others for Monies lent by them to King Charles II. redeemable on Payment of a Moiety of the Principal, and for Annuities for several Terms of Years 192,400 l.
Nine Pence per Barrel Excise on Beer, Ale, &c. by one Act of Parliament, is to continue till the 17th of May 1713; and by another Act is granted for a further Term of 95 Years: The Produce is appropriated, in the first Place, for satisfying Annuities on Lottery Tickets, which will end at Michaelmas 1710, and afterwards to the Payment of Annuities, by a Medium of last three Years, 164,828 l.
Another 9 d. per Barrel Excise made perpetual for Payment of Annuities; this Grant not containing all the Duties given by the Act for the 9 d. last mentioned, will produce by a like Medium, 155,000 l.
Another 9 d. per Barrel for 99 Years, from the 25th of January 1692, is appropriated for Payment of divers other Annuities, the like, 55,000 l.
Duties on low Wines and Spirits of the first Extraction continued till the 24th of June 1710, are appropriated for Re-payment of Loans with Interest; and by a Medium for the last three Years, will make 25,267 l.
Duties on Malt, Mum and Cyder, have been continued from Year to Year for several Years past, and are computed at 150 000 l,
Memorand. in most Years this Fund proves deficient.
Twelve Pence per Bushel on Salt granted 5th Will. and M. in Perpetuity, is appropriated till the first of August 1710, towards Payment of Debts and Incumbrances (exclusive of Drawbacks for Salt and Fish exported) and by the Produce of the last Year may be reckoned 54,620 l.
Twenty-eight Pence per Bushel on Salt, granted 5th Will. in Perpetuity, towards Payment of Annuities after the Rate of 8 per Cent. to the Traders to India by a like Computation, 328,038 l.
Rent of Hackney Coaches, being 4 l. per Annum each, for 700 Coaches, continues for the Residue of a Term of 21 Years, from Midsummer 1694, is applied to the Service of the War, and amounts to 28,000 l.
Licences to Hawkers and Pedlars continued to the 24th of June 1710, are appropriated towards paying of Loans with Interest, and by a Medium of three Years, is 6,460 l.
Stamp Duties on Vellom, Parchment, and Paper, part whereof continues till the first of August 1710, and is appropriated for Re-payment of Loans, the other Part is granted in Perpetuity towards Payment of Annuities to the Traders to India by a Medium of three Years, (excluding Allowances from prompt Payment) have produced 86,110 l.
The Duties on Windows continued to the 1st of August 1710, for Re-payment of Loans and other Debts, produce about 112,069 l.
The Aid of Four Shillings in the Pound on Land, &c. for the present Year, is ascertained at 1,997,763 l. 3 s. 4 d. ½. 5,000,599 l. 3 s. 4 d. ½.
Total of the Incomes and Revenue, 5,691,803 l. 3 s. 4 d. ½
Memorandum. The Revenues of the first Fruits and Tenths, by an Act the first of Queen Anne, were granted for Support of the Civil Government, but are not computed here; because they have been since given in Perpetuity for the Augmentation of the Maintenance of the Poor Clergy: And also the Money arising by Prizes with the Perquisites of Admiralty, which have been both applied to the Uses of the War, are not inserted in this Computation, because the said Prizes cease with the War, and the Lord High-Admiral hath relinquished his Droits of Admiralty for no longer Time than the War lasts.
A State of the Debts of the Kingdom of England, viz. Principal Money borrowed on the several Funds under mentioned, which remain at this Time unsatisfied, that is to say.
These are provided for by an Act of the 8th W. which continues several Funds therein mentioned to the first of August 1706, 471,704 l. 17 s. 11 d.
There also remains to discharge the Exchequer Bills, issued by virtue of several Acts of Parliament, (over and above 230,000 l. computed to be due for Interest) the principal Sum of 534,062 l. 9 s. 8 d.
To satisfy Loans on 3 s. in the Pound granted 8 Will. (over and above 169,000 l. by Computation for Interest) the principal Sum 423,098 l. 18 s. 3 d.
To satisfy Loans on the Duties on Paper, Vellom, &c. granted for two Years, from the first of March, 1696. Anno Octavo Willielmi, besides 6,160 l. by Computation for Interest, the principal Sum of 15,400 l.
To discharge Malt Tickets, issued 8 W. (besides 254,557 l. for 6 Years Interest) the principal Sum of 579,000 l.
To satisfy Loans transferred to the Duties on Leather, granted 8 W. for 3 Years from 20 April 1697, (besides about 105,000 l. for Interest) the principal Sum of 504,438 l.
To satisfy Loans on the quarterly Poll, granted 9 W. (besides about 73,000 l. for Interest) the principal Sum of 226,770 l. 17 s.
To satisfy Loans on the 3 s. in the Pound granted 10 W. (besides about 5,200 l. for Interest) the principal Sum of 31,271 l. 6 s. 3 d. ½.
To compleat the Payment wanting at Michaelmas 1701, on the yearly Sum of 160,000 l. intended to be paid by the Act 9 W. out of certain Duties on Salt and stampt Vellum to the Traders to India, 70,872 l. 11 s. 1 d. ½.
Total of the principal Sum 2,384,914 l. 2 s. 4 d. ½.
And the several Computations of Interest, at this time due as above mentioned, amount to 842,914 l.
These are provided for by an Act, 2 Annæ, by continuing several Funds therein mentioned to the first of August 1720, 3,227,828 l. 2 s. 4 d. ½.
There is further owing on the following Funds, viz.
On Low Wines, &c. granted 13 W. for 5 Years, the principal Sum of 6,674 l. 10 s. 3 d.
Duty on Coals, &c. 2 Annæ, for 5 Years from 14 1703 235,720 l. 4 d.
⅓ Tonnage and Pondage eod. Anno, for 3 Years 55,236 l. 4 s. 6 d.
⅔ Ditto 3 Annæ, for 4 Years from 8 March 1704, 545,957 l. 4s. 0d. ½.
Low Wines, &c. cod. Anno, until 1710, 692,000 l.
These are Debts on Funds not yet expired, and which are reckoned sufficient to satisfy the same, 1535588 l. 2 s. 9 d. ½.
On Duties on Coals granted 9 W. for 5 Years 16,000 l.
Second 2 s. Aid. 11 W. 12,733 l. 6 s. 8 d.
⅔ 3 s. Aid. 12 W. 9,753 l. 12 s.
6, 4 s. Aid 1 A. 42,399 l. 5 s.
Subsidies or Capitation Duties, eod. Anno, 173,849 l. 7 s.
The Money resting unsatisfied on Debentures, &c. were charged on the Irish Forfeitures, about 960,000 l.
There are Deficiencies, not yet provided for by Parliament, 1,051,270 l. 13 s. 2 d.
Other Incumbrances, viz.
The 2 d. per Barrel Excise, which was granted for 99 Years from the 25th of January 1692, is charged with 124,866 l. per Annum for Annuities, for which there was contributed 1,492,379 l. 7 s. and there being now about 13 Years expired, the Remainder of the Term may be estimated to be a present Incumbrance of 1484575.
The same 9 d. per Barrel is also charged with 7,567 l. per Annum, for Annuities to the Contributors of 108,100 l. on the Advantage of Survivorship, till the Number of Survivors be reduced to seven, and then the Share or 7th Part of each of them as they die to revert to the Crown: This Estate has an uncertain Termination, but may be reckoned equal to the Term of thirty Years, and so be an Incumbrance of about 104,149 l.
The 9 d. per Barrel Excise granted in Perpetuity, is charg'd too with 5 / 7 Parts thereof with 100,000 l. per Annum to the Bank of England for 1,200,000 l. advanced by them, this is redeemable on Payment of the said principal Sum, as in the Act is mentioned, 1,200,000 l.
And the remaining 2 / 7th, is charged with 15336 l. 13 s. 6 d. per Annum for 176,744 l. 1 s. 9 d. contributed for those Annuities which were at first purchased for one Life, and afterwards turned into Estates certain for 98 Years, from 25 Jan. 1702. which by reason of the small Time elapsed may still be reckoned an Incumbrance of 176,000 l.
And with the Sum of 10,030 l. 1 s. per Annum, for such of the Contributors of 170,917 l. 2 s. 3 d. for Annuities for two Lives as are now in being, and abating out of the Contribution Money so much as was paid for Annuities since failen, there rests an Incumbrance of 166,917 l. 2 s. 3 d.
And also with 2,093 l. 10 s. 4 d. per Annum, to such of the Contributors of 21,235 l. 4 s. for Annuities for three. Lives as are now in being, and abating out of this Contribution, so much as was paid for Annuities of 30 l. since fallen, there rests an Incumbrance of 10,935 l. 4 s.
The 9 d. per Barrel Excise granted for 16 Years, from the 17th of May 1697, is charged with the Payment of 140,000 l. per Annum, upon Tickets commonly called the Million Lottery. Tickets, for the Residue of a Term which expires at Michaelmas 1710. And the said Annuity being valued for the four Years and half yet to come, at the Rebate of 6 per Cent. per Annum, compound Interest is worth 538,185 l.
The 28 d. per Bushel on Salt, and the additional Stamp Duties are granted in Perpetuity, and charged with the Payment of 160,000 l. per Annum, to the Traders to India, for two Millions advanced to the Public, and is redeemable by Parliament upon paying the said 2,000,000 l.
The 2,700 l. a Week payable out of the hereditary and temporary Excise, is charged with 39,855 l. 16 s. 0 d.½. per Annum, for Bankers and others, who sent 1,328,526 l. to King Charles II. redeemable by Parliament upon Payment of a Moiety of the said Principal, which is 664,263 l.
And with 104,745 l. 10 s. 6 d.½ per Annum, for 1,569,664 l. 18 s. 6 d. contributed for Annuities for 99 Years from LadyDay 1704, 1,569,664 l. 18 s. 6 d.
And also 46,000 l. per Annum, to the Contributors of 690,000 l. for Annuities for 99 Years from Christmas 1705, 690,000 l.
The ½ Subsidy from 8 March 1706, and the 9 d. per Barrel Excise (at present applicable to the Payment of the Million Lottery Tickets) with an additional Supply till these Funds come in, are charged with 184,242 l. 13 s. per Annum to the Contributors of 2,855,761 l. 16 s. 2 d. for Annuities for 99 Years from Lady-day 1706, 11,470,451 l. 11 s.
Total, 17,762,842 l. 17 s. 3 d. ½.
Memorand. That nothing is inserted in this Account as a Debt on any Land Tax, or Malt Duty, which are annual Grants, except where any of them have proved Deficient.
Memorand. There is a Claim made by the Assignee of the Earl of Kinnoul of 17,250 l. out of the 4 and ½ per Cent. on Account of Arrears on an Annuity of 1000 l. incurred before her Majesty's Accession to the Crown.
A State of the public Revenue of Scotland, as it was at the Time that the Articles of Union were agreed on, and might amount to.
The Excise on Ale and Beer is 2 s. Scotch, and now farm'd for 33,500 l. Sterling, and if exacted in the same manner as in England, may amount to 50,000 l.
The Customs have been lett at 34,000 l. and are now in the time of War let for 28,500 l. with a Condition in the Lease, That, upon a Peace, the Lords of the Treasury may lett a new Lease, and may amount to 50,000 l.
The Crown Rents about 5,500 l.
The Casualty of Superiorities and Compositions at the Exchequer, Communibus Annis, about 3000 l.
The Post-Office farm'd at 1,194 l. but if collected, may amount to 2000 l.
The Impositions for Coinage, 1,500 l.
Land Tax is now 36,000 Pounds, and to make it equal with the 4 s. per Pound in England, 'tis proposed to be 48,000 l.
Total 160,000 l.
The Debts due to the Army, Civil List, and other Charges of the Government, about 160,000 l.
An Account of the neat Annual Produce of the Customs in England, from a Medium of three Years ended at Michaelmas 1705, with the respective Times or Terms, for which they have continuance; and the Uses for which they are severally appropriated or applied, viz.
For the Civil Government.
Neat Money per Annum.
Customs and Subsidies of Tonnage and Pondage, granted 1 Annæ, during her Majesty's Life, 253,514 l.
Several Branches not appropriated to the Payment of Debts, viz.
Twenty-five per Cent. Additional Duty on French Goods, for the Remainder of a Term of twenty-one Years, from 28 February 1696, is applied toward the Services of the War, 10,794 l.
Coinage Duties continues to the first of June 1708, and is appropriated to the Uses of the Mint, 7,350 l.
One Half per Cent. in Specie from Barbadoes and the Leeward Islands is perpetual, and applied pursuant to an Address of the House of Commons towards the Support of those Islands, subject also to an Annuity of 1000 l. per Annum, to the Heirs and Assigns of the Earl of Kinnoul, 6,459 l.
Plantation Duties upon particular Commodities, carried from one Plantation to a nother, 25 Car. II. made perpetual, not appropriated to any particular use, 875 l.
Total, 25,480 l.
These under-mentioned are appropriated for Payment of Debts, till the first of August 1710, tho' the said Debts charged thereon, will, by Computation be paid off sooner.
The Subsidy of Tonnage and Poundage, granted 12 Car. II. 292,139 l.
Impositions on Wines and Vinegar, granted 1 Jac. II. 113,918 l.
Impositions on Tobbacco, ditto, 100,338 l.
Impositions on East-India Goods, ditto, 150,899 l.
Additional Impositions on several Goods and Merchandizes, 4 Wil. 38,548 l.
Several Impositions and Duties on Whale-Fins and Scotch Linnen, 5 Wil. 106,219 l.
Total, 706,471 l.
Other appropriated Branches.
Fifteen per Cent. on Muslins, &c. granted by several former Acts, were by an Act 3 Ann. continued to 24 June 1710. And by that Act doubled, and several new Duties thereby granted; from Feb. 1704, to the said June 1710. And made a Fund for borrowing 700,000 l. at an Interest of 6 per Cent. per Annum. And so much of the said Duties as is under the Management of the Commissioners of the Customs was estimated in Parliament to amount to about 116,475 l. per Annum.
One Third additional Tonnage and Poundage, 3 Ann. for 4 Years, from 8 March 1704, are appropriated for Repayment of Loans, not exceeding 636,957 l. 4 s, 0 d. ½. with Interest after the Rate of 6 per Cent. per Annum. And by an Act 4 Ann. continued towards Payment of Annuities, till 30 Septemb. 1710, by the nearest Computation that can be made, will produce at least 160,000 l.
Tonnage and Poundage, granted 2 Ann.
For three Years, from 18 March 1703, and thereby made a Fund of Credit for 300,000 l. at an Interest after the Rate of 5 per Cent. per Annum afterwards, 4 Ann. continued for 98 Years, from the 8th of March 1706. Together with 9 d. per Barrel Excise, appropriated towards Payment of 184,242 l. 14 s. per Annum in Annuities, a Medium of the Produce thereof in the three Years ended at Michaelmas 1705, is,
Neat Money per Annum,
Totals, For the Civil Government, 253,514 l.
Unappropriated, 25,480 l.
Appropriated for Debts to 24 June 1710, 116,745 l.
For other Debts, till 1 Aug. 1710, 706,471 l.
For ditto, till 30 Septemb. 1710, 160,000 l.
For 98 Years, from 8 March 1606, 79,619 l.
Total per Annum, 1,341,559 l.
Duties on Coals, Culm and Cinders, by an Act 1 Ann. continued from 14 May 1703, to 15 May 1708, and thereby charged with 500,000 l. and Interest; by another Act 4 Ann. continued to 30 Septemb. 1710. and appropriated towards Payment of Annuities; those Duties are collected at the Custom-House, and by a Medium of three Years ended at Michaelmas 1705, are per Annum about 110,958 l.
An Account of the Proportions which the present Customs of Scotland do bear to the several Branches of that Revenue in England, exclusive of the Increase that may arise by the higher Duties, or greater Importations after the Union.
|English Customs,||1,341,559 l.|
|Scotch Customs,||30,000 l.|
|For the Civil Government,||253,514 l.|
|Scotch Proportion,||5,699 l.|
|Unappropriated as to any Debts,||25,480 l.|
|Appropriated for Debts till 24 June 1710.||116,475||2,605||23,761|
|Till 1 August 1710.||706,471||15,798|
|Till 30 Septemb. 1710.||160,000||3,578|
|For 98 Years from 8 March 1706.||79,619||1,700|
|Total English, 1,341,559 l.||Total Scotch,||30,000 l.|
An Account of the neat annual Produce of the Excise on Beer and Ale in England, from a Medium of three Years, ending at Michaelmas 1705, with the respective Times and Terms for which the several Branches thereof have Continuance, and the Uses to which they are severally appropriated or applied, viz.
Two Shillings and Six-pence per Barrel on Beer, Ale, &c. 15 d. whereof is to continue during her Majesty's Life, and the other 15 d. is Hereditary; these during her Majesty's Life are appropriated towards defraying the Charge of the Civil Government, after a Deduction of 3,700 l. a Week appropriated thereout, for Payment of Annuities, and by a Medium of three Years ended at Michaelmas, 1705. The neat Produce into the Exchequer over and above the said 3,700 l. a Week, will be 269,837 l.
For Annuities and other public Debts
Three thousand seven hundred Pounds a Week to be taken out of the hereditary and temporary Excise during her Majesty's Life, and afterwards out of the hereditary part for ever, is appropriated for payment of
Thirty-thousand eight hundred fifty-five Pounds 16 s. per Annum, to Bankers and others for Interest; after the Rate of three per Cent. for 1,328,526 l lent to King Charles II. redeemable on Payment of a Moiety of the said Principal, being 664,263 l. and for payment of
One hundred four thousand seven hundred forty-two Pounds 10 s. 6d. per Annum for ninety-nine Years from Lady-Day, 1704, for 1,569,664 l, 18 s. 6 d. contributed for Annuities.
One hundred ninety thousand five hundred ninety-eight Pounds 6 s. 7 d. and the rest for Charges in paying the said Annuities. In all, 192,400 l.
Nine Pence per Barrel Excise, granted 4. W. for ninety-nine Years from 25 January 1692, is charged with 124,866 l. per Annum for Annuities, for which there are contributed 1,492,379 l. 7 s. and with 7,567 l. per Annum for 108,100 l. advanced for Annuities on the Advantage of the Survivorship by a Medium of the neat Produce into the Exchequer in the said three Years, is 150,106 l.
Another 9 d. per Barrel, 5. W. made perpetual, is appropriated as follows, viz.
Five Sevenths thereof for Payment of 100,000 l. per Annum to the Bank of England, for 1,200,000 l. advanced by them, which is redeemable on paying the principal Sum, as in the said Act is mentioned. And,
Two Sevenths, with 15,336 l. 13 s. per Annum, for 176,744 l. 1 s. 9 d. contributed for Annuities, which were, at first, purchased for single Lives, and afterwards turn'd into Estates certain for 89 Years, from 25 Jan. 1702.
And also with 20,030 l. 1 s. per Annum, for 170,917 l. 2 s. 3 d. advanced for Annuity for two Lives.
And also with 2093 l. 10 s. 4 d. per Annum, for 21,235 l. 4 s. contributed for Annuities, for three Lives, the Produce of the 9 d. by a Medium of the said three Years, is 150,094 l.
And one other 9 d. per Barrel, for 16 Years, from 17th of May, continued 4 Ann. from 17th of May, 1713, for 95 Years, is appropriated for paying 140,000 l. per Annum, on Million-Lottery-Tickets, for the Remainder of a Term of 16 Years, which will end at Michaelmas 1710, and afterwards towards paying Annuities amounting to 184,242 l. 14 s. per Annum, purchased for 99 Years, from Lady-Day, 1706. The neat Produce of this 9 d. (which contains some additional Duties on Brandy, &c. not granted by the two former Acts) from a Medium of the said three Years, is 159,898 l.
Low-Wines and Spirits of the first Extraction, continued by an Act 4 Ann. from 25 March 1706, to 24 June 1710, are appropriated towards repayment of 700,000 l. authorized to be borrowed as well upon Credit of these Duties, as upon an additional Duty of 15 l. per Cent. on Muslins, &c. The neat Produce hereof, by a like Medium, is 25,267 l.
Total, 677,765 l.
Out of which is to be deducted so much, as, by the aforegoing neat Produce, will be more than sufficient to pay the above-mentioned Annuities, viz.
A Superplus of the 9 d. per Barrel, for the Remainder of 99 Years, from 25 Jan. 1692, 17,673 l.
A Superplus of the 9 d. per Barrel, for the Bank and others, 12,634 l.
A Superplus of the Lottery, 9 d. continued for Annuities, with the ⅓ Subsidy of Tonnage and Poundage, 55,274 l. 6 s.
All which are unappropriated, and amount to 85,581 l. 6 d.
And then the Total of the several Branches of Excise appropriated for Payment of Debts, is 192,183 l. 14 s. per Annum.
An Account of the Proportions which the present Excise upon Liquors in Scotland, doth bear to the several Branches of that Revenue in England, exclusive of the Encrease that may arise by the higher Duties, or greater Consumption after the Union.
|English Excise, per Annum.||947,602 l.|
|cots Excise, per Annum,||33,500 l.|
|For the Civil Government,||269,837 l.|
|Superplusages unappropriated,||85,581 l. 6 s.|
An Account of the Value of the Annual Sums contributed out of the Customs of Scotland, (according to the present Produce thereof) towards the anticipated Funds of the Customs of England, viz.
Two thousand six hundred and five Pounds per Annum, from the 25th of March 1707, until the 24th of June 1710, estimated in present Money, 7,577 l.
Fifteen thousand seven hundred and ninety-eight Pounds per Annum, from the 25th of March 1707, to the 1st of August 1710, estimated at 47,506 l.
Three thousand five hundred and seventy-eight Pounds per Annum, from the 25th of March 1707, to the 30th of September 1710, estimated at 11,251 l.
One thousand seven hundred and eighty Pounds per Annum, from the 25th of March 1707, for 98 Years, commencing the 28th of March 1708, at the Rate of 15 Years and three Months Purchase, comes to 7,145 l.
Total, 23,479 l.
A Computation of the Value of the annual Sums contributed out of the Scotch Excise (estimated at 33,500 l. per Annum) towards the anticipated Excise Funds in England, viz.
Six thousand eight hundred and two Pounds per Annum, out of the Excise in Scotland, towards Payment of Annuities for 99 Years, which are charged on the 3,700 l. a Week, arising out of the hereditary and temporary Excise in England, at 15 Years 3 Months Purchase, comes to 103,730 l. 10 s.
Four thousand six hundred and eighty-two Pounds per Annum, contributed out of the Excise in Scotland, towards payment of Annuities, amounting to 132,433 l. per Annum charged on 9 d. per Barrel Excise in England, whereof 124,866 l. per Annum is for the Remainder of a Term of 99 Years, commencing 25 January 1692, and 7,567 l. per Annum, for Lives, with the Advantage of Survivorship; so that 3,415 l. of the 4,682 l. per Annum, will be for the Remainder of the said Term of 99 Years, and 267 l. thereof for Lives, with the Advantage of Survivorship; and so much thereof as is for the Remainder of a Term of 99 Years, being rated at 15 Years and 3 Months Purchase, comes to 67,328 l. 15 s. and the Remainder, being deem'd of equal Value with a Term of 30 Years, comes to 3,674 l. in the whole, 71,003 l. 15 s.
Four thousand eight hundred and sixty Pounds per Annum, contributed out of the Excise in Scotland, towards payment of 137,460 l. per Annum, charged on another 9 d. per Barrel Excise in England, part in Perpetuity, part for 99 Years, part for three Lives, and part for two Lives, whereof 3,536 l. of the said 4,860 l. per Annum will be in Perpetuity, 542 l. for 99 Years, 74 l. for three Lives, and 708 l. for two Lives, so much as is in Perpetuity, and for 99 Years, being rated at 15 Years and 3 Months Purchase, so much as is for three Lives at 12 Years Purchase, and so much as is for two Lives at 11 Years Purchase, amount in the whole at those Rates to 70,865 l. 10 s.
Three thousand six hundred and ninety-nine Pounds per Annum contributed out of the Excise in Scotland, for payment of Annuities charged on another 9 d. per Barrel Excise in England for 99 Years, at 15 Years and three Months Purchase, comes to 56,409 l. 15 s.
Eight hundred and ninety-three Pounds per Annum contributed out of the Excise in Scotland for three Years and three Months, commencing 25 March 1707, applicable as the Duty on Low-Wines in England for that time, is computed to be worth 2,597 l.
Total, 304,606 l. 10 s.
If the Customs of Scotland now let at 30,000 l. per Annum, according to the stating of the Equivalent, does contribute annually, viz.
Towards payment of the Debts of England, 23,761 l. Civil List, 5,669 l. The general Expence or Charge of the Nation, 570 l.
Every 1,000 l. Encrease on the said Customs will contribute to the aforesaid-Services, viz.
Towards Payment of the Debts of England, 792 l. Civil List, 189 l. The general Expence or Charge of the Nation, 19 l.
Total. 1,000 l.
If the Excise of Scotland, now let at 33,500 l. per Annum, according to the stating of the Equivalent, does contribute annually, viz.
Towards Payment of the Debts of England 20,936 l. Civil List 9,549 l. The General Expence or Charge of the Nation 3,025 l.
Total 33,500 l.
Every 1000 l. Increase on the said Excise will contribute to the aforesaid Services, viz.
Towards Payment of the Debts of England, 625 l. Civil List 285 l. The General Expence or Charge of the Nation 90 l.
Total 1000 l.
In Pursuance of the Order of the Lords Commissioners of of both Kingdoms, on the 22d of July for signing the Books of Journals, the same were accordingly sign'd the 25th Day of July 1706. By us,