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obviating the objections of their countrymen by the force of reason and truth, carried every thing by influence, and the cavaliers, after they had mustered up what they considered unanswerable arguments, were most commonly silenced with the vote, wbich was sure to go against
main 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 Great Britain, 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 à Court of Admiralty such as is 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 he 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 cognoscible 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 a like nature, after the Union, shall have no power to cognosce, review, or alter the acts or sentences of the Judicature within Scotland, or stop the execution of the same; and that there be a Court of Exchequer in Scotland, after the Onion, 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 Privy Council in Scotland, for preserving of 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, heritable jurisdictions, offices for life, and jurisdictions for life, be reserved to the owners thereof, as rights of property, in the same manner as they are now enjoyed by the laws of Scotland, notwithstanding of this treaty.
XXI. That the rights and privileges of the Royal Burghs of Scotland, as they now 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 of the Parliament of Great Britain, according to the agreement in this treaty, in such manner as, by the Par. liament of Scotland, shall be settled before the Union; 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 in England, and Commons of the present Parliament of England,
them; hence Lockhart has sarcastically remarked, " that the courtiers had ears and would not hear, bearts and would not understand; vay, mouths but would not speak.” In many cases, indeed, this silence was wise, for the greater part of the topics which the cavaliers insisted on,
should be the Members of their
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 of 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 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 in England, and the sixteen Peers of Scotland, such sixteen Peers being summoned and returned in the manner agreed on in this treaty, and the Members of the House of Commons of the said Parliament of England, and the forty-five Members for Scotland, such forty-five members being elected and returned in manner agreed on 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 two 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 sooner 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 Great Britain, in the first and all succeeding Parliaments of Great Britain, until the Parliament of Great Britain shall otherwise direct, shall take their respective oaths, appointed to be taken instead of the 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, entituled, 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 King Charles II., entituled, 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, entituled, an Act to declare the Alterations in the Oath appointed to be taken by the Act, entituled, 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 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 these oaths and declaration contained in 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 foresaid sixteen Peers of Scotland, mentioned in the last preceding 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 on the trials of Peers: and in case of the trial of any Peer in the 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 trial as any other Peer of Great Britain; and that in case any trial 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 trials, 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
and particularly those that were the oftenest repeated, were so grossly absurd, as to be unworthy of a serious reply; but there were many things objected to, that might have been bappily illustrated, and brought within the grasp of the public mind by sober argument and free discussion,
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 trials 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 seal now used in either Kingdom, and that the quartering the arms as may best suit the Union, be left to her Majesty. And that, in the meantime, the great seal of England be used as the great seal of the United Kingdom, and that the great seal of the United Kingdom be used for sealing writs to elect and summon the Parliament of Great Britain, an 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 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, quenter seals, and seal 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 regulations as the Parliament of Great Britain shall hereafter make.
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 said Kingdoms.
Follows the tenor of the foresaid Act for securing the Protestant religion and Presbyterian Church Government:
Our Sovereign lady and the estates of Parliament, considering that by the late Act of Parliament for a treaty with England for an union of both Kingdoms, it is provided that the Commissioners for that treaty should not treat of, or concerning any alteration of the worship, discipline, and government of the Church of this Kingdom, as now by law established, which treaty being now reported to the Parliament; and it being reasonable and necessary that the true Protestant religion, as presently professed within this Kingdom, with the worship, discipline, and government of this Church should be effectually and unalterably secured; therefore Her Majesty, with advice and consent of the said estates of Parliament, doth hereby establish and confirm the said true Protestant religion, and the worship, discipline, and government of this Church to continue without any alteration to the people of this land in all succeeding generations; and more especially, Her Majesty, with advice and consent foresaid, ratifies, approves, and for ever confirms the fifth Act of the first Parliament of King William and Queen Mary, intituled, an Act ratifying the Confession of Faith, and settling Presbyterian Church Government, with the haill other Acts of Parliament relating thereto, in prosecution of the declaration of the estates of this Kingdom containing the claim of right, bearing date the eleventh of April one thousand six hundred and eighty-nine; and Her Majesty, with advice and consent foresaid, expressly provides and declares, that the foresaid true Protestant religion contained in the above-mentioned Confession of Faith, with the form and purity of worship presently in use within this Church, and its Presbyterian Church government and discipline, that is to say, the government of the Church by Kirk Sessions, Presbyterie provincial Synods, and General Assemblies, all established by the foresaid Acts of Parliament, pursuant to the claim of right, shall remain and contin unalterable ; and that the said Presbyterian government shall be the only government of the Church within the Kingdom of Scotland. And, further, for the greater security of the foresaid Protestant religion, and of the worship, discipline, and government of this Church, as above established, Her Majesty, with ad
wbich were totally neglected. The federal Union, of which many were so very fond, might easily have been demonstrated, from their own showing, to liave been ineligible ; and, at any rate, the evils that were pointed out, particularly with regard to the church, and the predicament in which her members were to be placed by the treaty as it stood, ought to have been attended to, and the aid that was proffered for preventing them, though proffered with no friendly intentions, accepted. In this respect,
vice and consent foresaid, statutes and ordains that the Universities and Colleges of St. Andrews, Glasgow, Aberdeen, and Edinburgh, as now established by law, shall continue within this Kingdom for ever. And, that in all time coming, no Professors, Principals, Regents, Masters, or others bearing office in any University, College, or School, within this kingdom, be capable, or be admitted, or allowed to continue in the exercise of their said functions, but such as shall own and acknowledge the civil governinent in manner prescribed, or to be prescribed by the Acts of Parliament. As also, that before, or at their admissions, they do, and shall acknowledge and profess, and shall subscribe to the said Confession of Faith, as the confession of their faith, and that they will practise and conform themselves to the worship presently in use in this Church, and submit themselves to the government and discipline thereof, and never endeavour, directly or indirectly, the prejudice or subversion of the same, and that before the respective Presbyteries of their bounds, by whatever gift, presentation, or provision they may be thereto provided. And, further, Her Majesty, with advice foresaid, expressly declares and statutes, that none of the subjects of this Kingdom shall be liable to, but all and every one of them for ever, free of any oath, test, or subscription within this Kingdom, contrary to, or inconsistent with the foresaid true Protestant religion and Presbyterian Church government, worship, and discipline, as above established, and that the same, within the bounds of this Church and Kingdom, shall never be imposed upon, or required of them, in any sort. And, lastly, that after the decease of Her present Majesty, whom God long preserve, the Sovereigns succeeding to Her in the royal government of the Kingdom of Great Britain, shall in all time coming, at his or her accession to the Crown, swear and subscribe that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion, with the government, worship, discipline, right, and privileges of this Church, as above established by the laws of this Kingdom, in prosecution of the claim of right. And it is hereby statute and ordained, that this Act of Parliament, with the establishment therein contained, shall be held and observed in all time coming, as a fundamental and essential condition of any treaty or union to be concluded betwixt the two Kingdoms, without any alteration thereof, or derogation thereto, in any sort, for ever. As also, that this Act of Parliament and settlement there contained, shall be insert and repeated in any Act of Parliament that shall pass for agreeing and concluding the foresaid treaty or union betwixt the two Kingdoms, and that the same shall be therein expressly declared to be a fundamental and essential condition of the said treaty or union, in all time coming. Which ARTICLES OF UNION, and Act immediately above written, Her Majesty, with advice and consent foresaid, statutes, enacts, and ordains to be, and continue in all time coming, the sure and perpetual foundation of a complete and entire union of the two Kingdoms of Scotland and England, under this express condition and provision, that the approbation and ratification of the foresaid Articles and Act shall be no ways binding on this Kingdom, until the said Articles and Act be ratified, approven, and confirmed by Her Majesty, with and by the authority of the Parliament of England, as they are now agreed to, approven, and confirmed by Her Majesty, with and by the authority of the Parliament of Scotland, declaring, nevertheless, that the Parliament of England may provide for the security of the Church of England, as they think expedient, to take place within the bounds of the said Kingdom of England, and not derogating from the security above provided for establishing of the Church of Scotland within the bounds of this kingdom. As also, the said Parliament of England may extend the additions and other provisions contained in the Articles of Union, as above insert, in favours of the subjects of Scotland, to and in favours of the subjects of England, which shall not suspend or derogate from the force and effect of this present ratification, but shall be understood as herein included, without the necessity of any new ratification in the Parliament of Scotland. And, lastly, Her Majesty enacts and declares, that all laws and statutes in this Kingdom, so far as they are contrary to, or inconsistent with the terms of these Articles, as above mentioned, shall from and after the Union cease and become void.
indeed, better terms ought to have been obtained. In all civil respects, the treaty, on the part of England, was liberal, and worthy of the great statesmen with whom it originated; but with regard to religion, it was the very reverse. It argued on the part of the English ministry, certainly no small degree of confidence, to require Scotland to guarantee the perpetuity of a system of avaricious superstition, which she bad by solemn oath become bound never willingly to submit to at home, nor to give any active countenance to abroad; and it was, and is, degradation, which our language, copious as it is, has not words sufficiently to express, for Scotishmen and presbyterians to be compelled to swcar antichristian oaths of supremacy, and take the sacramental test, when bearing the commission, and going about the affairs of an independent nation.
Witnessing, however, such things submitted to even in these days of untrammelled liberty, and of unvailed illumination, we may well be allowed to drop a forgiving tear over the less complex and less guilty actings of our fathers, hemmed in as they were between the Scylla of slavery and persecution on the one hand, and the Charybdis of anarchy and conquest on the other. It must not be overlooked, that of the numerous body designated by the name of cavaliers, and many of those that adhered to what was called the country party, who in their despair advanced some of the first principles of liberty, there was not one but was at bottom the advocate of passive obedience, and unalienable indefeasible hereditary right, Fletcher of Salton excepted, and he again was poisoned with democracy and deism. An enthusiast for the ideal liberty of the Grecian republics, he was a very fit advocate for what at that time was dignified with the names of Scotish liberty and independence, which consisted in the nobles having the power of trampling upon the king, the barons, and upon one another as occasion offered—and the barons or lairds trampling upon their tenants or dependants so long as it was their pleasure, and hanging or drowning them when it was for their real or supposed profit. What kind of a philanthropist he was, may be inferred from this, that he could devise no remedy for that overflowing pauperism which the misrule of so many ages had produced, but to reduce the poor to absolute slavery, and divide and domesticate them upon the lands of the different proprietors. His plan for civilizing the Highlands is strongly illustrative of the same ferocity of character. “ It were to be wished,” he says, “ that the government would think fit to transplant that handful of people and their masters, who have always disturbed our peace, into the low country, and people the Highlands from hence.” He was a man, indeed, who had imbibed ideas far beyond those that were common either to his age or country, but, like the greater part of men possessed of superior genius, was more fanciful than solid—more speculative than practical. He bad, moreover, a defect of temper, that rendered him of little utility as a coadjutor in the management of public affairs, being tenacious to a tittle of bis own views, however extravagant or impracticable. He was also irascible to the last degree. So far did this unhappy failing carry him, that after coming to England with the unfortunate duke of Monmouth, 1685, in an altercation with the mayor of Lime, about a horse that had been impressed into