The passing of the Treaty of Union, 1707

In the discussions about the union of England and Scotland, there were two options:

• An ‘incorporating’ union.
• A ‘federal’ union.

The strengths of an incorporating union were:

• Having one parliament rather than two meant that differences would be easier to resolve.
• The new entity of Great Britain would have greater security from combining the military might of England and Scotland.
• England was strongly advocating for an incorporating union.

The argument for a federal union were:

• Maintaining a Scottish Parliament would help preserve Scotland's national identity.
• Scottish business could be protected from English laws, rulings, and taxes.
• It would be easier to reverse the union if it proved not to be in Scotland's interests.

Several factors shaped the debate around union:

• Self-interest swayed many Scottish MPs. Some directly received money. Others would be allowed to keep pensions and privileges after union.
• Opposition to the union was fragmented. The Country party would not cooperate with the other main opponent to union, the Jacobites.
• The pro-union faction, under the Duke of Queensberry, had spies in the anti-union factions. They offered last minute deals to counter opposition arguments.
• Protections and guarantees were agreed concerning Scottish religion, laws, and Burgh rights.
• Scots traders were guaranteed access to England's overseas colonies.
• A huge sum of money, called The Equivalent, was paid to compensate nobles who had lost money in the failed Darien Scheme.

As soon as Scottish and English MPs began negotiations for union in 1706 there was a debate about the two options

• an ‘incorporating’ union
• a ‘federal’ union.

For some, the issues of money and trade were important, with merchants and town councillors debating about the possible benefit from union. Ship owners looked forward to increased business with English colonies in India and the Caribbean.

MPs and bankers considered the economy to be the main issue, with everyone keen for Scotland to move further towards being a modern European nation, capable of supporting itself as it established links with colonies worldwide.

Despite many people in government positions being capable of understanding the arguments for union, in 1707 public opinion was very much against union.

Mobs in Edinburgh and Glasgow protested against closer links with England because of what they saw as the disadvantages it would bring to ordinary people, in the form of higher taxation and competition from English industry.

Therefore, in Parliament, MPs had to not only weigh up the arguments for and against, but also consider popular feeling throughout Scotland.

An incorporating union meant there would be a shared parliament, removing the danger of disputes between separate governments in Edinburgh and London.

There would also be less chance of reversal of the union, since both nations would have to agree before any division.

The permanence of an incorporating union would strengthen the new political entity of Great Britain. Political co-operation would mean greater military security, with a reduced threat of foreign invasion.

The combined histories of the two countries would mean prestige and power for the new country. With improved safety from foreign threats there would be better protection of trade by the Royal Navy.

Scottish negotiators for union knew that England would only accept incorporating union, which meant that this would be the only option worth negotiating about.

They were also aware that England posed a military threat should incorporating union not be agreed, .

Federal union, with two separate parliaments, meant that Scotland and England would keep hold of their national differences, and members of the Church of Scotland would be guaranteed a Presbyterian Kirk.

In addition, Scots law would remain - the courts system as well as Burgh rights and Scottish customs would be untouched by English domination.

The prominent Scottish politician and author Andrew Fletcher of Saltoun - nicknamed 'The Patriot' - was a leading member of the Country party. He opposed union with England. Fletcher and his supporters were especially opposed to an incorporating union.

They feared incorporation would mean Scotland would be absorbed into England. In the event of union happening, they advocated a federal union that would preserve Scotland's political and cultural institutions and freedoms.

Many Scots believed that only a federal union would ensure the protection of Scottish manufacturers from English laws and rulings that could negatively affect profits and trading conditions.

Some form of union seemed to offer more benefits than disadvantages to Scots. But if this proved not to be the case, federal union offered an easier possibility of reversal. A separate Scottish Parliament would be able to decide on reversing union itself without requiring English agreement.

The views of most Scottish MPs towards Treaty were shaped by self-interest.

• Some Scottish nobles would get a seat in the House of Lords.
• Those that didn't would still keep their peers’ privileges, such as pensions and immunity from arrest for debt.
• Other Scottish MPs received a share of a £20,000 payment from the English Government during the debate process.

At this time, the Scottish Parliament was not made up of members from organised political parties like we see in parliament today. MPs were individual people of wealth and influence who sometimes came together in political alliances based on particular issues or votes. These MPs fell into three main groups or 'parties':

• Court party
• Country party
• Squadrone Volante

Court party

The Court party was a collection of around 100 MPs who generally supported Queen Anne. They shared a clear goal of supporting incorporating union.

They were organised and had a strong leader in James Douglas, Duke of Queensberry. Court party members were ordered to attend key debates and votes.

In contrast, opponents of incorporating union were divided and disorganised.

Country party

The Country party generally opposed the Court party, and were against incorporating union. They were led by the Duke of Hamilton, whose erratic behaviour created problems for those who were against union:

• He refused to co-operate with the Jacobites
• Despite opposing treaty, he agreed with the Court party that Queen Anne should choose the Scottish commissioners who would negotiate.
• He did not support radical opposition, such as a parliamentary walk out, or any form of armed resistance.
• He did not order Country party members to attend key debates and votes.
• Hamilton himself failed to attend votes. For example he was absent from the vote on Article 22 of the treaty, claiming he was at home with toothache.
• He may have been unwilling to risk his own wealth and position. Hamilton held several estates in England which were threatened with confiscation by the Alien Act of 1705.

Squadrone Volante

The balance of power was held by the Squadrone Volante or New Party. This was a moderate group of around 30 Presbyterian MPs who opposed both the Jacobites and any moves towards an Episcopalian church and whose allegiance tended to switch between sides.

Members of the Squadrone Volante believed they would get a share in the Equivalent (financial compensation to help towards the increased taxes which Scotland would have to pay). They were also persuaded by the arguments in favour of union during the debates.

Winning over their support meant that every vote on each of the 25 articles of the Treaty was passed in favour of union.

The Duke of Queensberry, acting for the English Government, obtained information from secret agents such as Daniel Defoe.

This allowed the English to make last minute agreements that would persuade opponents of union to vote for it. An example is the 1706 Act of Security for the Kirk, which guaranteed that the Presbyterian nature of the Church of Scotland would remain after union.

English officials also made sure that Scottish MPs were aware of the English Army’s movements northwards - at Queensberry’s request during the debate. This was a reminder that if union was not accepted politically then it would be forced on Scotland militarily.

During 1706, the Treaty of Union negotiated between Scotland and England in London.

England had been careful to give promises to Scots negotiators that Scotland would not lose out from union.

Councillors in Scottish Royal Burghs had sent a series of petitions to the Scottish Parliament during the debates, voicing concern about the Treaty. In response, English-approved changes to the Treaty guaranteed future burgh rights, and importantly, Scottish legal traditions.

Scots MPs feared higher taxation, but these fears were eased by English promises of guaranteed trade with English overseas colonies, which would balance the effect of higher taxes.

The English Government also gave guarantees over salt, malt, and wool, stating that Scotland’s trade in these goods would not be affected.

Most significant was the guarantee of payment to various Scots of 'The Equivalent', a sum of £398,085.10.

It was proposed as compensation for taking on English larger level of debt after union. The amount was equal to the cost of the Darien Scheme - the failed attempt at a trading colony in Panama that had been a catastrophic financial disaster.

This was a major attraction for those who had lost money in the Company of Scotland's Darien Scheme and who suddenly viewed union as beneficial for them personally.

The Treaty of Union was passed by the Scottish Parliament in early 1707.

The passing of the Act of Union by the Scottish Parliament was essential. There were 227 members of parliament:

• 100 were in favour of union.
• The Squadrone Volante had around 25 members in favour of union.
• The majority of the remainder were members of the anti-union Country party.

After amendments to the treaty - such as to protect the Scottish Presbyterian church - the pro-union factions won the final vote by 110 to 67 votes.

One reason for the Country party's defeat, other than weak leadership by Hamilton, was that, unlike the pro-union Court party, it did not insist that its members turn up to vote.

For opponents of union outside of parliament, many accused the MPs who supported union of corruption. The allegation was that many of these MPs received money to secure their vote. A share of the Equivalent being the deciding factor of how they voted.

There were two options for union:

• An ‘incorporating’ union.
• A ‘federal’ union.

The strengths of an incorporating union were:

• Having one parliament meant that differences would be easier to resolve.
• The new entity of Great Britain would have greater security.
• England was strongly advocating for an incorporating union.

The argument for a federal union were:

• Maintaining a Scottish Parliament would help preserve Scotland's national identity.
• Scottish business could be protected from English laws, rulings, and taxes.
• It would be easier to reverse the union if it proved not to be in Scotland's interests.

Several factors shaped the debate around union:

• Self-interest swayed many Scottish MPs. Some directly received money.
• Opposition to the union was fragmented.
• The pro-union faction had spies in the anti-union factions and offered last minute deals.
• Guarantees were agreed concerning Scottish religion, laws, and Burgh rights.
• Scots traders were guaranteed access to England's overseas colonies.
• The Equivalent was paid to compensate nobles for money lost in the Darien Scheme.