the Scotif Nation. He was answered by the Lord Eglington; Anno12 Annæ, who allowed the Scotif Nation to be poor, and there1713. fore unable to pay the Malt- Tax. The Lord North and Lord Eglington. Grey replied to him, infifting, That it was nothing but Lord North what was agreed by the Treaty of the Union; the XIVth and Grey. Article of which imported, that Scotland fhould not be charged with any Impofition on Malt during the War only, which now was at an End.' The Earl of la confeffed Earl of Ifla. there was such a Clausfe; but that the fame Article import. ed, That seeing it could not be fuppofed, that the Parliament of Great Britain would ever lay any forts of Burdens upon the united Kingdom, but what they fhould find of Neceffity, at that time, for the Prefervation and Good of the Whole, and with due Regard to Circumstances, and Abilities of every Part of the United Kingdom, therefore it was agreed, that there should be no further Exemption infisted on for any Part of the United Kingdom, but that the Confideration of any Exemptions beyond what was already agreed on in this Treaty, fhould be left to the Determination of the Parliament of Great Britain'. He urged, that when this Treaty was made, the Scots concluded, the Parliament of Great Britain would never go about to lay any Impofition that they had Reason to believe was burdensome; and having fet forth their Inability to pay the Malt-Tax, concluded, for the Earl of Seafield's Motion.' Hereupon the Earl of Peterborough ftood up, and made a long Speech, Earl of Peterbos wherein he endeavoured to fhew the Impoffibility of diffolv- rough, ing the Union. He said, among other things, That he had heard the Union compared to a Marriage; that, according to that Notion, fince it was made, it could not be broke, being made by the greatest Power upon Earth. That, tho' fometimes there happened a Difference between Man and Wife, yet it did not presently break the Marriage: So, in the like Manner, tho' England, who, in this national Marriage, must be supposed to be the Hufband, might, in fome Inftances, have been unkind to the Lady, yet he ought not prefently to fue for a Divorce, the rather because he had very much mended her Fortune by this Match: Adding, that the Union was a Contract, than which nothing could be more binding. To this the Lord Isla answered, That Earl of Ifa. if the Union had the fame Sanction as Marriage, which was

an Ordinance of God, he fhould be for obferving it as reli

giously as that, but that he thought there was a great Dif

ference. To which the Earl of Peterborough replied, "He Earl of Petercould not tell how it could be more folemn than it was, ex- borough. cept they expected it should have come down from Heaven, like the Ten Commandments. Animadverting, in the Con

Eee 2

clufion,

1713.

Anno 12 Annæ, clufion, on the Scots, as a People that could never be fatisfied; that they would have all the Advantages of being united to England, but would pay nothing by their good Will: And that they had more Money from England than all their Eftates amounted to in their own Country.' To D. of Argyle. him the Duke of Argyle replied, in a warm Speech, faying, among other Things, That he was by fome reflected on as if he was difgufted and had changed Sides, but that he defpifed thofe Perfons, as much as he undervalued their Judgments. That it was true he had a great Hand in making the Union: That the chief Reason that moved him to it was the fecuring the Proteftant Succeffion; but that he was fatisfied that might be done as well now, if the Union were diffolved. That he spoke as a Peer of England, as well as of Scotland: That he believed in his Confcience, it was as much for the Intereft of England as of Scotland to have it diffolved; and if it were not, he did not expect long to have either Property left in Scotland, or Liberty in England. He urged, that the Tax upon Malt in Scotland was as unequal (tho' the fame as in England) as taxing Land by the Acre, which would be very unjuft, the Land being worth five or fix Pound per Acre, here about London, and not fo many Shillings in fome Parts of the Country. That this was the Cafe between the Scotch and the English Malt; the latter being worth three or four Shillings the Bushel, the other not above one: So that if this Tax were collected in Scotland, it must be done by a Regiment of Dragoons.' Some other Scotif Peers faid, That the End of the Union was the cultivating an Amity and Friendship between the two Nations, but it was fo far from having that Effect, that they were fure the Animofities between the two Nations, were much greater now than before the Union. That it might eafily be proved by many Inftances, that fome Perfons agreed better when they were afunder, than when together; and for that Reason they believed, if the Union were diffolved again, the two Nations would be like to be better Friends.' On the other Lord Chief Juf- band, the Lord Chief Juftice Trevor made a vehement Speech tice Trevor, and against it, as a Thing hardly to be done. He was backed the Lord Trea- by the Lord Treasurer, who faid, That the Earl of Seafield's furer Oxford. Motion was no less ftrange than unexpected; that the Union being made by two diftinct Parliaments of both Kingdoms, he did not fee how it could be diffolved, now the two Nations were in different Circumflances from what they were in when it was made; because the Power that made it was no more in being; and nothing could make it void, but the Power that created it: Concluding, that if the Scots had any Grievance to complain of, there might be fome other Method thought

1713.

thought of to redrefs them, without proceeding to that extra. Anno 12 Annæ, ordinary Way of diffolving the Union, which had been made in fo folemn a Manner, and brought about with fo much Difficulty at laft, after fo many fruitless Attempts before.' This

6

was answered by the Earl of Nottingham, who reprefented Earl of Nottingthe Advantages of the Union, if the Views with which ham. it was made, had been fleadily purfued. He added, That tho' the two Nations were now in other Circumflances than when the Union was made, yet the fame Power that was in the two Parliaments when they were feparated and distinct, was lodged in them, now they were confolidated, and therefore. if they had Power to make it, they certainly had to diffolve it: And that he knew not any thing but what the Parliament could do, except deftroying the prefent Conflitution, which he owned they had no Power to do. That the Inconveniencies that had attended the Union could not be forefeen till the Trial was made: And fince the Scots, who were the best Judges of the Affairs of their Kingdom, found that it did not answer the Ends propofed, he was for diffolv

6

'Townfhend.

ing it.' The Earl of Sunderland faid to the fame Purpose, Earl of Sun-
• That tho' he had a Hand in making the Union, yet if it derland.
had not that good Effect which was expected from it, he was
likewife for diffolving it.' The Lord Viscount Townshend Lord Viscount
faid, He was of the fame Opinion; provided, nevertheless,
Means could be found to fecure the Protestint Succeffion, and
therefore defired to know what Security the Scots could give
for that effential Point, before they proceeded any further.'
To this fome of the Scotif Lords replied, That would
appear when the Bill was brought in; that then it was a
proper Time to fhew what Security they could give; and
therefore moved that the Queftion might be put immediately,
Whether a Bill fhould be brought in or not? The Earl of Earl of Notting-
Nottingham defired, that another Day might be appointed to
ham.
confider further of a Matter of fuch Confequence, that the
Lords might be better apprized of it. The Lord Hallifax Lord Hallifax.
declared alfo for diffolving the Union, provided it could be
made appear that the Succeffion could be fecured; but yet
defired that a further Day might be appointed to confider of
fo important a Matter. Two Scotif Lords, the Earls of

Marr, and Loudoun, who were before for putting the Question, Earl of Marr.
immediately declared themselves better fatisfied by that E. of Loudoun.
Lord's Reasons, and fo were for putting it off to another
Time. There were feveral other Speeches made both by

English and Scotifh Lords, particularly by the Earls of Pau- Earl Paulett,
lett, Scarborough, and Scarfdale: And it is obfervable, that Earl of Scarbo-
when one of the Lords urged the Danger that England would rough.
be in from the Pretender, if the Union were diffolved, the

Lord

E. of Scarfdale.

1713.

Lord Viscount

Anno 1 Annæ, Lord Townshend answered, He could not tell what England had to fear from that or any other Incident; and that the Queen, Lords and Commons of England, if all in one Interest, need fear no Enemy in the World, but ought to despise the Pretender, and all his Abettors.' The Duke of Argyle having occafion to mention the Pretender, faid, He knew not what Name to call him by, his Name being now as uncertain E. of Scarfdale. as his Parents:' But the Earl of Scarfdale called him the

Townfhend.
Duke of Argyle.

The Queftion carried in the Negative.

6

Prince, or, added he, the Pretender, which you will. Upon the whole Matter, the Court-Lords were all against dissolving the Union; and faid, that the very moving fuch a Thing was dangerous, and might be of ill Confequence, and therefore defired that fuch an effectual Stop might be put to it, as that none might offer at any fuch thing again. On the other hand, the Scotif Lords faid, that if the Union were not diffolved, their Country would be the most miserable under Heaven. The Question being put on the Earl of Finlater's Mot on, the fame was carried in the Negative by four Voices, there being 54 Lords prefent on each Side, and 17 Proxies for the Negative, and only 13 for the Affirmative. It is obLord Treasurer. fervable that the Lord Treafurer having, in the Course of this Debate, advanced, That though the Tax were laid, it might be afterwards remitted by the Crown, and not levied :' E. of Sunder- The Earl of Sunderland faid, He wondered fuch Expreffions as tended to establish a defpotic, difpenfing Power, and arbitrary Government, fhould come from that noble Lord.' To this the Treasurer anfwered, That his Family had never been for promoting and advifing arbitrary Measures, as others had done;' which the Earl of Sunderland taking to be a Reflection on his Eather, he not only vindicated him, but added, That the other Lord's Family was hardly known in those Days.'

land.

The Malt-Bill

The next Day the Lords refumed the Confideration of the VIIIth and IXth Articles of the Treaty of Commerce, and heard fome of the Merchants, who had been fummon'd to attend their Houfe; as likewife on the XIth and XIIth, but came to no Refolution.

June the 5th, The Lords read a fecond Time the MaltBill, and the Queftion being put, that the fame be referred to a Committee of the whole Houfe, the fame occafion'd a long committed and Debate; but after many Speeches it was carried in the Affirpafs'd. mative, by 85 Voices against 83; that is, by 64 prefent and 21 Proxies, against 63 present and zo Proxies. It was obferved that two Scotifh Peers were abfent without leaving their Proxies, which if they had, the Votes had been equal, Three Days after, the Lords in a Grand Committee confider'd of the faid Bill, and, after a warm Debate, that lasted

till Six o'clock in the Evening, it was carried that the Bill Anno 1 Aпnæ,

do país, by a Majority of 64 Voices against 56.

On which Occafion was enter'd the following Protest:

Diffentient

1713.

Because, we apprehend, that the charging Scotland with Proteft thereon. this Malt-Tax will be a Violation of the XIVth Article of the Union, by which it is exprefsly provided, that Scotland fhall not be charged with any Malt-Tax, during this War: And it was not denied'; for, indeed, it is undeniable, that Peace with Spain is not yet concluded, and by Construction of Law and Ufage of Parliament, this Bill is to be reckoned 1 as a Grant to the Crown, and a Charge upon the People from the first Day of this Succeffion, at which Time, even the Peace with France was not made.

2dly, Because a great Part of this Malt-Tax is for the fatisfying and making up the Deficiency of the Malt-Tax in the Year one thousand seven hundred and eleven, from which Scotland being entirely free, we conceive it unjust, even tho' the Peace were concluded, to make that Part of the united Kingdom pay any Part of that Tax, which was exprefly given (as appears by the Preamble) for this present War.

3dly, Because it is by the aforefaid XIVth Article exprefly provided, that due Confideration fhall be had of the Circumftances of Scotland, when any Impofition or Tax is laid on it; and we are fully perfwaded that it is impoffible for Scotaland to bear fo heavy a Tax, by which it will be liable to pay vaftly more when the Peace fhall be concluded, than it did during the War; whereas England has its Burdens greatly diminished.

Somerfet, Marr, Northefk, Balmerino, Scarborough, Linlith-
gow, Orkney, Sunderland, Finlater, Ifla, Blantyre, Green-
wich, Kinnoul, Londfale, Eglintoun, Rofberrie, Loudoun,
Kylfyth, Hume.

June the 29th, The Duke of Bolton took notice in the House Duke of Bolton. of Peers both of the Queen's Meffage to the Commons about the Debts of the Civil Lifts, and of the Refolution of the Commons thereupon, infinuating, That they were fomewhat extraordinary, the ufual Way being for the Crown to afk Subfidies of both Houses, otherwife the Houfe of Lords would become altogether useless: But tho' the Confideration of this Matter was put off to the next Day, yet the fame was waved, upon Account of a more important Affair, viz. The Earl of E. of Wharton's Wharton then moved, That an humble Addrefs may be · prefented to the Queen, that she would be pleased to ufe her Pretender from

Motion for re

moving the

moft Lorraia.

See CHANDLER's Hiftory, Anno 12 Annæ, 1713, Page 12, 13.