* Among other bills passed during this session, was an act for abridging and reforming some proceedings in the common law and in chancery.
The new convocation, instead of imitating the union and harmony of the parliament, revived the divisions by which the former had been distracted, and the two houses seemed to act with more determined rancour against each other. The upper house having drawn tip a warm address of thanks to the queen for her affectionate care of the church, the lower house refused to concur, nor would they give any reason for their dissent. They prepared another in a different strain, which was rejected by the archbishop. Then they agreed to divers resolutions, asserting their right of having what they offered to the upper house received by his grace and their lordships. In consequence of this dissension the address was dropped, and a stop put to all further communication between the two houses. The dean of Peterborough protested against the irregularities of the lower house. The queen, in a letter to the archbishop, signified her resolution to maintain her supremacy, and the due subordination of presbyters to bishops. She expressed her hope that he and his suffragans would act conformably to her resolution, in which case they might be assured of the continuance of her favour and protection: she required him to impart this declaration to the bishops and clergy, and to prorogue the convocation to such time as should appear most convenient. When he communicated this letter to the lower house, the members were not a little confounded: nevertheless, they would not comply with the prorogation, but continued to sit in defiance of her majesty’s pleasure.
CONFERENCES OPENED FOR A TREATY OF UNION WITH SCOTLAND.
The eyes of Great Britain were now turned upon a transaction of the utmost consequence to the whole island; namely, the treaty for an union of the two kingdoms of England and Scotland. The queen having appointed the commissioners [139] [See note 2 A, at the end of this Vol.] on both sides, they met on the sixteenth day of April, in the council chamber of the Cockpit near Whitehall, which was the place appointed for the conferences. Their commissions being opened and read by the respective secretaries, and introductory speeches being pronounced by the lord-keeper of England, and the lord chancellor of Scotland, they agreed to certain preliminary articles, importing, that all the proposals should be made in writing; and every point, when agreed, reduced to writing; that no points should be obligatory, till all matters should be adjusted in such a manner as would be proper to be laid before the queen and the two parliaments for their approbation; that a committee should be appointed from each commission, to revise the minutes of what might pass, before they should be inserted in the books by the respective secretaries; and that all the proceedings during the treaty should be kept secret. The Scots were inclined to a federal union, like that of the United Provinces; but the English were bent upon an incorporation, so that no Scottish parliament should ever have power to repeal the articles of the treaty. The lord-keeper proposed that the two kingdoms of England and Scotland should be for ever united into one realm, by the name of Great Britain: that it should be represented by one and the same parliament; and that the succession of this monarchy, failing of heirs of her majesty’s body, should be according to the limitations mentioned in the act of parliament passed in the reign of king William, intituled, an act for the further limitation of the crown, and the better securing the rights and liberties of the subject. The Scottish commissioners, in order to comply in some measure with the popular clamour of their nation, presented a proposal implying that the succession to the crown of Scotland should be established upon the same persons mentioned in the act of king William’s reign; that the subjects of Scotland should for ever enjoy all the rights and privileges of the natives in England, and the dominions thereunto belonging; and that the subjects of England should enjoy the like rights and privileges in Scotland; that there should be a free communication and intercourse of trade and navigation between the two kingdoms, and plantations thereunto belonging; and that all laws and statutes in either kingdom, contrary to the terms of this union, should be repealed. The English commissioners declined entering into any considerations upon these proposals, declaring themselves fully convinced that nothing but an entire union could settle a perfect and lasting friendship between the two kingdoms. The Scots acquiesced in this reply, and both sides proceeded in the treaty without any other intervening dispute. They were twice visited by the queen, who exhorted them to accelerate the articles of a treaty that would prove so advantageous to both kingdoms. At length they were finished, arranged, and mutually signed, on the twenty-second of July, and next day presented to her majesty, at the palace of St. James’s, by the lord-keeper, in the name of the English commissioners; at the same time a sealed copy of the instrument was likewise delivered by the lord chancellor of Scotland; and each made a short oration on the subject, to which the queen returned a very gracious reply. That same day she dictated an order of council, that whoever should be concerned in any discourse or libel, or in laying wagers relating to the union, should be prosecuted with the utmost rigour of the law.
SUBSTANCE OF THE TREATY.
In this famous treaty it was stipulated, that the succession to the united kingdom of Great Britain should be vested in the princess Sophia, and her heirs, according to the acts already passed in the parliament of England: that the united kingdoms should be represented by one and the same parliament: that all the subjects of Great Britain should enjoy a communication of privileges and advantages: that they should have the same allowances, encouragements, and drawbacks; and be under the same prohibitions, restrictions, and regulations, with respect to commerce and customs: that Scotland should not be charged with the temporary duties on some certain commodities: that the sum of three hundred and ninety-eight thousand and eighty-five pounds ten shillings, should be granted to the Scots, as an equivalent for such parts of the customs and excise charged upon that kingdom in consequence of the union, as would be applicable to the payment of the debts of England, according to the proportion which the customs and excise of Scotland bore co those of England: that, as the revenues of Scotland might increase, a further equivalent should be allowed for such proportion of the said increase as should be applicable to the payment of the debts of England: that the sura to be paid at present, as well as the monies arising from the future equivalents, should be employed in reducing the coin of Scotland to the standard and value of the English coin; in paying off the capital stock and interest due to the proprietors of the African company, which should be immediately dissolved; in discharging all the public debts of the kingdom of Scotland; in promoting and encouraging manufactures and fisheries, under the direction of commissioners to be appointed by her majesty, and accountable to the parliament of Great Britain: that the laws concerning public right, policy, and civil government, should be the same throughout the whole united kingdom; but that no alteration should be made in laws which concerned private right, except for evident utility of the subjects within Scotland: that the court of session and all other courts of judicature in Scotland, should remain as then constituted by the laws of that kingdom, with the same authority and privileges as before the union; subject, nevertheless, to such regulations as should be made by the parliament of Great Britain: that all heritable offices, superiorities, heritable jurisdictions, offices for life, and jurisdictions for life, should be reserved to the owners, as rights and property, in the same manner as then enjoyed by the laws of Scotland: that the rights and privileges of the royal boroughs in Scotland should remain entire after the union: that Scotland should be represented in the parliament of Great Britain by sixteen peers and forty-five commoners, to be elected in such a manner as should be settled by the present parliament of Scotland: that all peers of Scotland, and the successors to their honours and dignities, should, from and after the union, be peers of Great Britain, and should have rank and precedency next and immediately after the English peers of the like orders and degrees, at the time of the union; and before all peers of Great Britain of the like orders and degrees, who might be created after the union: that they should be tried as peers of Great Britain, and enjoy all privileges of peers, as fully as enjoyed by the peers of England, 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: that the crown, sceptre, and sword of state, the records of parliament, and all other records, rolls, and registers whatsoever, should still remain as they were, within that part of the united kingdom called Scotland: that all laws and statutes in either kingdom, so far as they might be inconsistent with the terms of these articles, should cease and be declared void by the respective parliaments of the two kingdoms.—Such is the substance of that treaty of union which was so eagerly courted by the English ministry, and proved so unpalatable to the generality of the Scottish nation.
