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Acts of Union 1707
Acts of Union 1707
After defeat in the 1647–1648 Second English Civil War, Scotland Text of the Union with England
was occupied by English troops which were withdrawn once the Act 1707 (https://www.legislatio
so-called Engagers whom Cromwell held responsible for the war n.gov.uk/id?title=Union+with+En
had been replaced by the Kirk Party. In December 1648, Pride's gland+Act+1707) as in force
Purge confirmed Cromwell's political control in England by today (including any
removing Presbyterian MPs from Parliament, and executing amendments) within the United
Charles in January 1649. Seeing this as sacrilege, the Kirk Party Kingdom, from
proclaimed Charles II King of Scotland and England, and agreed legislation.gov.uk.
to restore him to the English throne.
1660–1707
While integration into the Commonwealth established free trade between Scotland and England, the
economic benefits were diminished by the costs of military occupation.[20] Both Scotland and England
associated union with heavy taxes and military rule; it had little popular support in either country, and was
dissolved after the Restoration of Charles II in 1660.
The Scottish economy was badly damaged by the English Navigation Acts of 1660 and 1663 and
England's wars with the Dutch Republic, Scotland's major export market. An Anglo-Scots Trade
Commission was set up in January 1668 but the English had no interest in making concessions, as the Scots
had little to offer in return. In 1669, Charles II revived talks on political union; his motives may have been
to weaken Scotland's commercial and political links with the Dutch, still seen as an enemy and complete the
work of his grandfather James I.[21] On the Scottish side, the proposed union received parliamentary
support, boosted by the desire to ensure free trade. Continued opposition meant these negotiations were
abandoned by the end of 1669.[22][23]
Following the Glorious Revolution of 1688, a Scottish Convention met in Edinburgh in April 1689 to agree
a new constitutional settlement; during which the Scottish Bishops backed a proposed union in an attempt
to preserve Episcopalian control of the kirk. William and Mary were supportive of the idea but it was
opposed both by the Presbyterian majority in Scotland and the English Parliament.[24] Episcopacy in
Scotland was abolished in 1690, alienating a significant part of the political class; it was this element that
later formed the bedrock of opposition to Union.[25]
The 1690s were a time of economic hardship in Europe as a whole and Scotland in particular, a period now
known as the Seven ill years which led to strained relations with England.[26] In 1698, the Company of
Scotland Trading to Africa and the Indies received a charter to raise capital through public subscription.[27]
The Company invested in the Darién scheme, an ambitious plan funded almost entirely by Scottish
investors to build a colony on the Isthmus of Panama for trade with East Asia.[28] The scheme was a
disaster; the losses of over £150,000[d] severely impacted the Scottish commercial system.[30]
Political motivations
The Acts of Union may be seen within a wider European context of increasing state centralisation during
the late 17th and early 18th centuries, including the monarchies of France, Sweden, Denmark and Spain.
While there were exceptions, such as the Dutch Republic or the Republic of Venice, the trend was clear.[31]
The dangers of the monarch using one Parliament against the other first became apparent in 1647 and 1651.
It resurfaced during the 1679 to 1681 Exclusion Crisis, caused by English resistance to the Catholic James
II (of England, VII of Scotland) succeeding his brother Charles. James was sent to Edinburgh in 1681 as
Lord High Commissioner; in August, the Scottish Parliament passed the Succession Act, confirming the
divine right of kings, the rights of the natural heir "regardless of religion", the duty of all to swear allegiance
to that king, and the independence of the Scottish Crown. It then went beyond ensuring James's succession
to the Scottish throne by explicitly stating the aim was to make his exclusion from the English throne
impossible without "the fatall and dreadfull consequences of a civil war".[32]
The issue reappeared during the 1688 Glorious Revolution. The English Parliament generally supported
replacing James with his Protestant daughter Mary, but resisted making her Dutch husband William of
Orange joint ruler. They gave way only when he threatened to return to the Netherlands, and Mary refused
to rule without him.[33] In Scotland, conflict over control of the kirk between Presbyterians and
Episcopalians and William's position as a fellow Calvinist put him in a much stronger position. He
originally insisted on retaining Episcopacy, and the Committee of the Articles, an unelected body that
controlled what legislation Parliament could debate. Both would have given the Crown far greater control
than in England but he withdrew his demands due to the 1689–1692 Jacobite Rising.[34]
English perspective
The English succession was provided for by the English Act of Settlement
1701, which ensured that the monarch of England would be a Protestant
member of the House of Hanover. Until the Union of Parliaments, the
Scottish throne might be inherited by a different successor after Queen
Anne, who had said in her first speech to the English parliament that a
Union was "very necessary".[35] The Scottish Act of Security 1704,
however, was passed after the English parliament, without consultation with
Scotland, had designated Electoress Sophia of Hanover (granddaughter of
James I and VI) as Anne's successor, if Anne died childless. The Act of
Security granted the Parliament of Scotland, the three Estates,[35] the right
to choose a successor and explicitly required a choice different from the Queen Anne in 1702
English monarch unless the English were to grant free trade and navigation.
Then the Alien Act 1705 was passed in the English parliament, designating
Scots in England as "foreign nationals" and blocking about half of all Scottish trade by boycotting exports
to England or its colonies, unless Scotland came back to negotiate a Union.[35] To encourage a Union,
"honours, appointments, pensions and even arrears of pay and other expenses were distributed to clinch
support from Scottish peers and MPs".[36]
Scottish perspective
The Scottish economy was severely impacted by privateers during the 1688–1697 Nine Years' War and the
1701 War of the Spanish Succession, with the Royal Navy focusing on protecting English ships. This
compounded the economic pressure caused by the Darien scheme, and the seven ill years of the 1690s,
when 5–15% of the population died of starvation.[37] The Scottish Parliament was promised financial
assistance, protection for its maritime trade, and an end to economic restrictions on trade with England.[38]
The votes of the Court party, influenced by Queen Anne's favourite, the Duke of Queensberry, combined
with the majority of the Squadrone Volante, were sufficient to ensure passage of the treaty.[35] Article 15
granted £398,085 and ten shillings sterling to Scotland,[e] a sum known as The Equivalent, to offset future
liability towards the English national debt, which at the time was £18 million,[f] but as Scotland had no
national debt,[35] most of the sum was used to compensate the investors in the Darien scheme, with 58.6%
of the fund allocated to its shareholders and creditors.[39]
The role played by bribery has long been debated; £20,000 was distributed by the Earl of Glasgow,[g] of
which 60% went to James Douglas, 2nd Duke of Queensberry, the Queen's Commissioner in Parliament.
Another negotiator, Argyll was given an English peerage.[35] Robert Burns is commonly quoted in support
of the argument of corruption: "We're bought and sold for English Gold, Such a Parcel of Rogues in a
Nation." As historian Christopher Whatley points out, this was actually a 17th-century Scots folk song; but
he agrees money was paid, though suggests the economic benefits were supported by most Scots MPs, with
the promises made for benefits to peers and MPs,[36] even if it was reluctantly.[40] Professor Sir Tom
Devine agreed that promises of "favours, sinecures, pensions, offices and straightforward cash bribes
became indispensable to secure government majorities".[41] As for
representation going forwards, Scotland was, in the new united
parliament, only to get 45 MPs, one more than Cornwall, and only
16 (unelected) peers in the House of Lords.[35]
As the Treaty passed through the Scottish Parliament, opposition was voiced by petitions from shires,
burghs, presbyteries and parishes. The Convention of Royal Burghs claimed
we are not against an honourable and safe union with England, [... but] the condition of the
people of Scotland, (cannot be) improved without a Scots Parliament.[44]
Not one petition in favour of Union was received by Parliament. On the day the treaty was signed, the
carillonneur in St Giles Cathedral, Edinburgh, rang the bells in the tune "Why should I be so sad on my
wedding day?"[45] Threats of widespread civil unrest resulted in Parliament imposing martial law.
The Union was carried by members of the Scottish elite against the wishes of the great majority. The
Scottish population was overwhelmingly against the union with England, and virtually all of the print
discourses of 1699-1706 spoke against incorporating union, creating the conditions for wide spread
rejection of the treaty in 1706 and 1707.[46] Country party tracts condemned English influence within the
existing framework of the Union of the Crowns and asserted the need to renegotiate this union. During this
period, the Darien failure, the succession issue and the Worcester seizure all provided opportunities for
Scottish writers to attack the Court Party as unpatriotic and reaffirm the need to fight for true interests of
Scotland.[46] According to Scottish historian William Ferguson, the Acts of Union were a 'political job' by
England that was achieved by economic incentives, patronage and bribery to secure the passage of the
Union treaty in the Scottish Parliament in order satisfy English political imperatives, with the union being
unacceptable to the Scottish people including both the Jacobites and Covenanters. The differences between
Scottish were "subsumed by the same sort of patriotism or nationalism that first appeared in the Declaration
of Arbroath of 1320."[46] Ferguson provides the well-timed payments of salary arrears to members of
Parliament as proof of bribery and argues that the Scottish people had been betrayed by their Parliament.[46]
Ireland
Ireland, though a kingdom under the same crown, was not included in the union. It remained a separate
kingdom, unrepresented in Parliament, and was legally subordinate to Great Britain until the Renunciation
Act of 1783.
In July 1707 each House of the Parliament of Ireland passed a congratulatory address to Queen Anne,
praying that "May God put it in your royal heart to add greater strength and lustre to your crown, by a still
more comprehensive Union".[47][48] The British government did not respond to the invitation and an equal
union between Great Britain and Ireland was out of consideration until the 1790s. The union with Ireland
finally came about on 1 January 1801.
After negotiations ended in July 1706, the acts had to be ratified by both Parliaments. In Scotland, about
100 of the 227 members of the Parliament of Scotland were supportive of the Court Party. For extra votes
the pro-court side could rely on about 25 members of the Squadrone Volante, led by the Marquess of
Montrose and the Duke of Roxburghe. Opponents of the court were generally known as the Country party,
and included various factions and individuals such as the Duke of Hamilton, Lord Belhaven and Andrew
Fletcher of Saltoun, who spoke forcefully and passionately against the union, when the Scottish Parliament
began its debate on the act on 3 October 1706, but the deal had already been done.[35] The Court party
enjoyed significant funding from England and the Treasury and included many who had accumulated debts
following the Darien Disaster.[51]
The Act ratifying the Treaty of Union was finally carried in the Parliament of Scotland by 110 votes to 69
on 16 January 1707, with a number of key amendments. News of the ratification and of the amendments
was received in Westminster, where the Act was passed quickly through both Houses and received the royal
assent on 6 March.[52] Though the English Act was later in date, it bore the year '1706' while Scotland's
was '1707', as the legal year in England began only on 25 March.
In Scotland, the Duke of Queensberry was largely responsible for the successful passage of the Union act
by the Parliament of Scotland. In Scotland, he also received much criticism from local residents, but in
England he was cheered for his action. He had personally received around half of the funding awarded by
the Westminster Treasury for himself. In April 1707, he travelled to London to attend celebrations at the
royal court, and was greeted by groups of noblemen and gentry lined along the road. From Barnet, the route
was lined with crowds of cheering people, and once he reached London a huge crowd had formed. On 17
April, the Duke was gratefully received by the Queen at Kensington Palace.[53]
Provisions
The Treaty of Union, agreed between representatives of the Parliament of
England and the Parliament of Scotland in 1706, consisted of 25 articles, 15
of which were economic in nature. In Scotland, each article was voted on
separately and several clauses in articles were delegated to specialised
subcommittees. Article 1 of the treaty was based on the political principle of
an incorporating union and this was secured by a majority of 116 votes to
83 on 4 November 1706. To minimise the opposition of the Church of
Scotland, an Act was also passed to secure the Presbyterian establishment
of the Church, after which the Church stopped its open opposition,
although hostility remained at lower levels of the clergy. The treaty as a
whole was finally ratified on 16 January 1707 by a majority of 110 votes to
69.[54]
Heraldic badge of Queen
The two Acts incorporated provisions for Scotland to send representative Anne, depicting the Tudor
peers from the Peerage of Scotland to sit in the House of Lords. It rose and the Scottish thistle
guaranteed that the Church of Scotland would remain the established growing from the same stem
church in Scotland, that the Court of Session would "remain in all time
coming within Scotland", and that Scots law would "remain in the same
force as before". Other provisions included the restatement of the Act of Settlement 1701 and the ban on
Roman Catholics from taking the throne. It also created a customs union and monetary union.
The Act provided that any "laws and statutes" that were "contrary to or inconsistent with the terms" of the
Act would "cease and become void".
Related Acts
The Scottish Parliament also passed the Protestant Religion and Presbyterian Church Act 1707 guaranteeing
the status of the Presbyterian Church of Scotland. The English Parliament passed a similar Act, 6 Ann. c. 8.
Soon after the Union, the Act 6 Ann. c. 40—later named the Union with Scotland (Amendment) Act 1707
—united the English and Scottish Privy Councils and decentralised Scottish administration by appointing
justices of the peace in each shire to carry out administration. In effect it took the day-to-day government of
Scotland out of the hands of politicians and into those of the College of Justice.
On 18 December 1707 the Act for better Securing the Duties of East India Goods was passed which
extended the monopoly of the East India Company to Scotland.
In the year following the Union, the Treason Act 1708 abolished the Scottish law of treason and extended
the corresponding English law across Great Britain.
Evaluations
Scotland benefited, says historian G.N. Clark, gaining "freedom of trade with England and the colonies" as
well as "a great expansion of markets". The agreement guaranteed the permanent status of the Presbyterian
church in Scotland, and the separate system of laws and courts in Scotland. Clark argued that in exchange
for the financial benefits and bribes that England bestowed, what it gained was
of inestimable value. Scotland accepted the Hanoverian succession and gave up her power of
threatening England's military security and complicating her commercial relations ... The
sweeping successes of the eighteenth-century wars owed much to the new unity of the two
nations.[55]
By the time Samuel Johnson and James Boswell made their tour in 1773, recorded in A Journey to the
Western Islands of Scotland, Johnson noted that Scotland was "a nation of which the commerce is hourly
extending, and the wealth increasing" and in particular that Glasgow had become one of the greatest cities
of Britain.[56]
Economic perspective
Scottish historian Christopher Smout notes that prior to the Union of the Crowns, the Scottish economy had
been flourishing completely independently of the English one, with little to no interaction between each
other. Developing a closer economic partnership with England was unsustainable, and Scotland's main
trade partner was continental Europe, especially the Netherlands, where Scotland could trade its wool and
fish for luxurious imports such as iron, spices or wine. Scotland and England were generally hostile to each
other and were often at war, and the alliance with France gave Scotland privileges that further encouraged
developing cultural and economic ties with the continent rather than England. The union of 1603 only
served the political and dynastic ambitions of King James and was detrimental to Scotland economically –
exports that Scotland offered were largely irrelevant to English economy, and while the Privy Council of
Scotland did keep its ability to manage internal economic policy, the foreign policy of Scotland was now in
English hands. This limited Scotland's hitherto expansive trade with continental Europe, and forced it into
English wars.[57]
While the Scottish economy already suffered because of English wars with France and Spain in the 1620s,
the civil wars in England had a particularly disastrous effect on Scotland and left it relatively impoverished
as a result. The economy would slowly recover after that, but it came at the cost of being increasingly
dependent on trade with England. A power struggle developed between Scotland and England in the 1680s,
as Scotland recovered from the political turmoil and set on its own economic ambitions, which London
considered a threat to its dominant and well-established position.[57] English wars with continental powers
undermined Scottish trade with France and the Netherlands, countries that used to be the Scotland's main
trade partners before the union, and the English Navigation Acts severely limited Scottish ability to trade by
sea, and made the Scottish ambitions to expand the trade beyond Europe unachievable. Opinion in Scotland
at the time was that England was sabotaging Scottish economic expansion.[57]
The frustration caused by economic and political rivalry with England led to the Darien scheme - an
unsuccessful attempt to establish a Scottish colony in the Gulf of Darién. Christopher Smout argues that the
scheme was successfully sabotaged by England in various ways - it was seen as a threat to the privileged
position of the East India Company, and as such England did everything to ensure the plan's failure via
political and diplomatic overtures to prevent the Netherlands and Hamburg from investing into the scheme
while also refusing to assist the settlers in any way. Following the disastrous failure of the scheme, Scottish
economy seemed to be on the brink of collapse, but ultimately Scotland was able to recover from it fairly
quickly.[57]
By 1703, the Scottish government was highly disillusioned and unsatisfied with the union, and many
believed that the only way to let Scottish economy flourish was to separate from England. Fletcher of
Saltoun called Scotland 'totally neglected, like a farm managed by servants not under the eye of the master',
and the failure of the Darien Scheme was commonly attributed to English sabotage.[57] The Scottish
parliament would try to establish its autonomy from England with 1704 Act of Security, which provoked a
retaliation from England - Scottish ministers were bribed, and Alien Act 1705 was passed. According to the
Alien Act, unless Scotland appointed commissioners to negotiate for union by Christmas, every Scot in
England would be treated as an alien, leading to the confiscation of their English estates. Additionally,
Scottish wares were to be banned from England. Christopher Smout notes that England desired to expand
its influence by annexing Scotland:
In sum, England was now seeking Parliamentary Union for political reasons at a moment when
the Scots had become dissatisfied with Regal Union for economic reasons: and one of the main
weapons chosen by the English to enforce their will was the threat of economic sanctions. The
repeal of the Alien Act before it could come into force scarcely reduced its menace: a big stick is a
big stick, even if it is replaced in the cupboard unused.[57]
The act sparked vehement anti-English sentiment in Scotland, and made the already hostile Scottish public
even more opposed to England:
The crew of an English East Indiaman, the Worcester, that had put into Leith to escape a storm
was arrested on a spurious charge of piracy and executed after a parody of a trial, victims of a
wave of anti-English hysteria which the Ministers of the Crown dared not be seen to oppose. As
late as June, the Scottish Uniornist Cockburn of Ormiston declared he could not find ten men in
Parliament willing to join England in a full Union - an exaggeration no doubt, but an indication of
the contemporary force of feeling.[57]
The Scottish economy was now facing a crisis, and the parliament was polarised into a pro-union and anti-
union factions, with the former led by Daniel Defoe. The unionists stressed how important trade with
England is to the Scottish economy, and portrayed trade with continental Europe as not beneficial, or
nowhere as profitable as trading with England. They argued that the Scottish economy could survive by
trading with England, and sanctions that would result from the Alien Act would collapse the economy. For
Defoe, joining the union would not only prevent the Alien Act, but would also remove additional limitations
and regulations, which could lead Scotland to prosperity. Anti-unionists questioned the English goodwill
and criticised the unionist faction for submitting to the English blackmail. They argued that Scotland could
make a recovery by trading with the Netherlands, Spain and Norway, with the diverse European markets
allowing Scotland to diversify its own industries as well. They noted that the union would make Scotland
unable to conduct independent trade policy, meaning that any possibility to remove the flaws in Scottish
economy would be gone forever, which would turn Scotland into a "mere satellite of the richer
kingdom".[57] Ultimately, Scottish ministers voted in favour of the union, which was against the public
opinion, as the Scottish population at the time was overwhelmingly against any union with England.[46]
Many considered themselves betrayed by their own elite, and Smout argues that the union bill was only
able to pass thanks to the English bribery.[57]
300th anniversary
A commemorative two-pound coin was issued to mark the
tercentennial—300th anniversary—of the Union, which occurred
two days before the Scottish Parliament general election on 3 May
2007.[58]
Squadrone
Sir Andrew Home Kirkcudbright Yes
Volante
Squadrone
Sir Peter Halket Dunfermline Yes
Volante
Sir James Smollet Dumbarton Court Party Yes
Mr William Carmichell Lanark Yes
Mr William Sutherland Elgin Yes
Captain Daniel McLeod Tain Yes
Mr William Cochrane of
Dumbartonshire No
Kilmaronock
Sir Humphray Colquhoun of
Dumbartonshire No
Luss
Sir John Houstoun of that ilk Renfrewshire No
Robert Rollo of Powhouse No
Thomas Sharp of Houstoun Linlithgowshire No
John Murray of Strowan No
Alexander Gordon of Pitlurg Aberdeenshire No
See also
Acts of Union 1800 (Kingdom of Great Britain with Kingdom of Ireland)
Kingdom of Ireland
English independence
List of treaties
MacCormick v Lord Advocate
Parliament of the United Kingdom
Political union
Real union
Scottish independence
Unionism in Scotland
Welsh independence
Notes
a. The citation of this Act by this short title was authorised by section 1 of, and Schedule 1 to,
the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by
section 19(2) of the Interpretation Act 1978.
b. The date would have been recorded at the time as 6 March 1706 (rather than 1707),
because England (unlike Scotland) began each year on 25 March until the Calendar (New
Style) Act 1750 changed it to 1 January. Separately, the Act itself is dated 1706 because,
before the Acts of Parliament (Commencement) Act 1793, the date on which a Bill became
law was the first day of the parliamentary session in which it was passed, unless the Act
contained a provision to the contrary.[1]
c. The citation of this Act by this short title was authorised by the Statute Law Revision
(Scotland) Act 1964, section 2 and Schedule 2. Due to the repeal of those provisions it is
now authorised by section 19(2) of the Interpretation Act 1978.
d. Equivalent to about £21 million in 2019.[29]
e. About £61 million in 2019.[29]
f. About £2.8 billion in 2019.[29]
g. About £3.1 million in 2019.[29]
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Further reading
Defoe, Daniel. A Tour thro' the Whole Island of Great Britain, 1724–1727
Defoe, Daniel. The Letters of Daniel Defoe, GH Healey editor. Oxford: 1955.
Fletcher, Andrew (Saltoun). An Account of a Conversation
Lockhart, George, "The Lockhart Papers", 1702–1728
External links
The full text of Act of Union 1707 at Wikisource
Union with England Act and Union with Scotland Act – Full original text (http://rahbarnes.co.u
k/union/union-of-1707/)
Treaty of Union and the Darien Experiment (http://www.collectionscanada.ca/collectionsp-bi
n/colldisp/l=0/c=81), University of Guelph, McLaughlin Library, Library and Archives Canada
Text of the Union with Scotland Act 1706 (https://www.legislation.gov.uk/id?title=Union+with+
Scotland+Act+1706) as in force today (including any amendments) within the United
Kingdom, from legislation.gov.uk.
Text of the Union with England Act 1707 (https://www.legislation.gov.uk/id?title=Union+with+
England+Act+1707) as in force today (including any amendments) within the United
Kingdom, from legislation.gov.uk.
Union with England Act 1707, from Records of the Parliaments of Scotland (https://rps.ac.uk/
search.php?action=fetch_jump&filename=anne_trans&jump=anne_m1706_10_257_d6_ms
&type=trans&fragment=t1706_10_257_d6_trans)
Image of original act from the Parliamentary Archives website (https://archives.parliament.uk/
collections/getrecord/GB61_HL_PO_PU_1_1706_5and6An14)