My Lord Chancellor:--

When I consider the affair of a union betwixt the two nations, as it

is expressed in the several articles thereof, and now the subject of

our deliberation at this time I find my mind crowded with a variety

of melancholy thoughts, and I think it my duty to disburden myself

of some of them, by laying them before, and exposing them to, the

serious consideration of this honorable house.

I think I see a free and independent kingdom delivering up that

which all the world hath been fighting for since the days of Nimrod;

yea, that for which most of all the empires, kingdoms, states,

principalities, and dukedoms of Europe, are at this very time

engaged in the most bloody and cruel wars that ever were, to-wit, a

power to manage their own affairs by themselves, without the

assistance and counsel of any other.

I think I see a national church, founded upon a rock, secured by a

claim of right, hedged and fenced about by the strictest and most

pointed legal sanction that sovereignty could contrive, voluntarily

descending into a plain, upon an equal level with Jews, Papists,

Socinians, Arminians, Anabaptists, and other sectaries, etc. I think

I see the noble and honorable peerage of Scotland, whose valiant

predecessors led armies against their enemies, upon their own proper

charges and expenses, now divested of their followers and

vassalages, and put upon such an equal foot with their vassals, that

I think I see a petty English exciseman receive more homage and

respect than what was paid formerly to their quondam Mackallamores.

I think I see the present peers of Scotland, whose noble ancestors

conquered provinces, over-run countries, reduced and subjected towns

and fortified places, exacted tribute through the greatest part of

England, now walking in the court of requests like so many English

attorneys, laying aside their walking swords when in company with

the English peers, lest their self-defense should be found murder.

I think I see the honorable estate of barons, the bold assertors of

the nation's rights and liberties in the worst of times, now

setting a watch upon their lips and a guard upon their tongues,

lest they be found guilty of _scandalum_ _magnatum_.

I think I see the royal state of boroughs walking their desolate

streets, hanging down their heads under disappointments, wormed out

of all the branches of their old trade, uncertain what hand to turn

to, necessitate to become 'prentices to their unkind neighbors; and

yet, after all, finding their trade so fortified by companies, and

secured by prescriptions, that they despair of any success therein.

I think I see our learned judges laying aside their practiques and

decisions, studying the common law of England, graveled with

_certioraries_, _nisi_ _prius's_, writs of error, _verdicts_ _indovar_,

_ejectione_ _firmae_, injunctions, demurs, etc., and frighted with

appeals and avocations, because of the new regulations and

rectifications they may meet with.

I think I see the valiant and gallant soldiery either sent to learn

the plantation-trade abroad; or at home petitioning for a small

subsistence, as the reward of their honorable exploits; while their

old corps are broken, the common soldiers left to beg, and the

youngest English corps kept standing.

I think I see the honest, industrious tradesman loaded with new

taxes and impositions, disappointed of the equivalents, drinking

water in place of ale, eating his saltless pottage, petitioning for

encouragement to his manufactories, and answered by counter-petitions.

In short, I think I see the laborious plowman, with his corn

spoiling upon his hands, for want of sale, cursing the day of his

birth, dreading the expense of his burial, and uncertain whether to

marry or do worse.

I think I see the incurable difficulties of the landed men, fettered

under the golden chain of equivalents, their pretty daughters

petitioning for want of husbands, and their sons for want of

employment.

I think I see our mariners delivering up their ships to their Dutch

partners, and what through presses and necessity, earning their

bread as underlings in the royal English navy.

But above all, my lord, I think I see our ancient mother Caledonia,

like Caesar, sitting in the midst of our senate, ruefully looking

round about her, covering herself with her royal garment, attending

the fatal blow, and breathing out her last with an _Et_ _tu_

_quoque_, _mi_ _fili_.

Are not these, my lord, very afflicting thoughts? And yet they are

but the least part suggested to me by these dishonorable

articles. Should not the consideration of these things vivify these

dry bones of ours? Should not the memory of our noble predecessors'

valor and constancy rouse up our drooping spirits? Are our noble

predecessors' souls got so far into the English cabbage stock and

cauliflowers that we should show the least inclination that way? Are

our eyes so blinded? Are our ears so deafened? Are our hearts so

hardened? Are our tongues so faltered? Are our hands so fettered

that in this our day, I say, my lord, that in this our day, we

should not mind the things that concern the very being and

well-being of our ancient kingdom, before the day be hid from our

eyes?

No, my lord, God forbid! man's extremity is God's opportunity; he is

a present help in time of need, and a deliverer, and that right

early. Some unforeseen Providence will fall out, that may cast the

balance; some Joseph or other will say, "Why do ye strive together,

since ye are brethren?" None can destroy Scotland, save Scotland

itself; hold your hands from the pen, you are secure. Some Judah or

other will say, "Let not our hands be upon the lad, he is our

brother." There will be a Jehovah-Jireh, and some ram will he caught

in the thicket, when the bloody knife is at our mother's throat. Let

us up then, my lord, and let our noble patriots behave themselves

like men, and we know not bow soon a blessing may come.

My lord, I wish from my heart, that this my vision prove not as true

as my reasons for it are probable. I design not at this time to

enter into the merits of any one particular article; I intend this

discourse as an introduction to what I may afterwards say upon the

whole debate as it falls in before this honorable house; and

therefore, in the farther prosecution of what I have to say, I shall

insist upon few particulars, very necessary to be understood, before

we enter into the detail of so important a matter.

I shall, therefore, in the first place, endeavor to encourage a free

and full deliberation, without animosities and heats. In the next

place I shall endeavor to make an inquiry into the nature and source

of the unnatural and dangerous divisions that are now on foot within

this isle, with some motives showing that it is our interest to lay

them aside at this time. Then I shall inquire into the reasons

which have induced the two nations to enter into a treaty of union

at this time, with some considerations and meditations with relation

to the behavior of the lord's commissioners of the two kingdoms in

the management of this great concern. And lastly, I shall propose a

method, by which we shall most distinctly, and without confusion, go

through the several articles of this treaty, without unnecessary

repetitions or loss of time. And all this with all deference, and

under the correction of this honorable house.

My lord chancellor, the greatest honor that was done unto a Roman

was to allow him the glory of a triumph; the greatest and most

dishonorable punishment was that of _parricide_. He that was guilty of

_parricide_ was beaten with rods upon his naked body till the blood

gushed out of all the veins of his body; then he was sewed up in a

leathern sack, called a _culeus_ with a cock, a viper, and an ape,

and thrown headlong into the sea.

My lord, _patricide_ is a greater crime than _parricide_, all the world

over.

In a triumph, my lord, when the conqueror was riding in his

triumphal chariot, crowned with laurels, adorned with trophies, and

applauded with huzzas, there was a monitor appointed to stand behind

him, to warn him not to be high-minded, not puffed up with

overweening thoughts of himself; and to his chariot were tied a whip

and a bell, to mind him that for all his glory and grandeur he was

accountable to the people for his administration, and would be

punished as other men, if found guilty.

The greatest honor amongst us, my lord, is to represent the

sovereign's sacred person in Parliament; and in one particular it

appears to be greater than that of a triumph, because the whole

legislative power seems to be wholly intrusted with him. If he give

the royal assent to an act of the estates, it becomes a law

obligatory upon the subject, though contrary or without any

instructions from the sovereign. If he refuse the royal assent to a

vote in Parliament, it cannot be a law, though he has the

Sovereign's particular and positive instructions for it.

His Grace, the Duke of Queensbury, who now presents her Majesty in

this session of Parliament, hath had the honor of that great trust,

as often, if not more, than any Scotchman ever had. He hath been

the favorite of two successive sovereigns; and I cannot but commend

his constancy and perseverance, that notwithstanding his former

difficulties and unsuccessful attempts, and maugre some other

specialties not yet determined, that his Grace has yet had the

resolution to undertake the most unpopular measures last. If his

Grace succeed in this affair of a union, and that it prove for the

happiness and welfare of the nation, then he justly merits to have a

statue of gold erected for himself; but if it shall tend to the

entire destruction and abolition of our nation, and that we the

nation's trustees will go into it, then I must say that a whip and a

bell, a cock and a viper and an ape, are but too small punishments

for any such bold, unnatural undertaking and complaisance.

That I may pave a way, my lord, to a full, calm, and free reasoning

upon this affair, which is of the last consequence unto this nation,

I shall mind this honorable house, that we are the successors of our

noble predecessors, who founded our monarchy, framed our laws,

amended, altered, and corrected them from time to time, as the

affairs and circumstances of the nation did require, without the

assistance or advice of any foreign power or potentate, and who,

during the time of 2,000 years, have handed them down to us, a free

independent nation, with the hazard of their lives and fortunes.

Shall not we then argue for that which our progenitors have

purchased for us at so dear a rate, and with so much immortal honor

and glory? God forbid. Shall the hazard of a father unbind the

ligaments of a dumb son's tongue; and shall we hold our peace, when

our _patria_ is in danger? I speak this, my lord, that I may

encourage every individual member of this house to speak his mind

freely. There are many wise and prudent men amongst us, who think

it not worth their while to open their mouths; there are others, who

can speak very well, and to good purpose, who shelter themselves

under the shameful cloak of silence, from a fear of the frowns of

great men and parties. I have observed, my lord, by my experience,

the greatest number of speakers in the most trivial affairs; and it

will always prove so, while we come not to the right understanding

of the oath _de_ _fideli_, whereby we are bound not only to give our

vote, but our faithful advice in Parliament, as we should answer to

God; and in our ancient laws, the representatives of the honorable

barons and the royal boroughs are termed spokesmen. It lies upon

your lordships, therefore, particularly to take notice of such whose

modesty makes them bashful to speak. Therefore, I shall leave it

upon you, and conclude this point with a very memorable saying of an

honest private gentleman to a great queen, upon occasion of a State

project, contrived by an able statesman, and the favorite to a great

king, against a peaceable, obedient people, because of the diversity

of their laws and constitutions: "If at this time thou hold thy

peace, salvation shall come to the people from another place, but

thou and thy house shall perish." I leave the application to each

particular member of this house.

My lord, I come now to consider our divisions. We are under the

happy reign (blessed be God) of the best of queens, who has no evil

design against the meanest of her subjects, who loves all her

people, and is equally beloved by them again; and yet that under the

happy influence of our most excellent Queen there should be such

divisions and factions more dangerous and threatening to her

dominions than if we were under an arbitrary government, is most

strange and unaccountable. Under an arbitrary prince all are willing

to serve because all are under a necessity to obey, whether they

will or not. He chooses therefore whom he will, without respect to

either parties or factions; and if he think fit to take the advices

of his councils or parliaments, every man speaks his mind freely,

and the prince receives the faithful advice of his people without

the mixture of self-designs. If he prove a good prince, the

government is easy; if bad, either death or a revolution brings a

deliverance. Whereas here, my lord, there appears no end of our

misery, if not prevented in time; factions are now become

independent, and have got footing in councils, in parliaments, in

treaties, armies, in incorporations, in families, among kindred,

yea, man and wife are not free from their political jars.

It remains therefore, my lord, that I inquire into the nature of

these things; and since the names give us not the right idea of the

thing, I am afraid I shall have difficulty to make myself well

understood.

The names generally used to denote the factions are Whig and Tory,

as obscure as that of Guelfs and Gibelins. Yea, my lord, they have

different significations, as they are applied to factions in each

kingdom; a Whig in England is a heterogeneous creature, in Scotland

he is all of a piece; a Tory in England is all of a piece, and a

statesman in Scotland, he is quite otherways, an anti-courtier and

anti-statesman.

A Whig in England appears to be somewhat like Nebuchadnezzar's

image, of different metals, different classes, different principles,

and different designs; yet take the Whigs all together, they are

like a piece of fine mixed drugget of different threads, some finer,

some coarser, which, after all, make a comely appearance and an

agreeable suit. Tory is like a piece of loyal-made English cloth,

the true staple of the nation, all of a thread; yet, if we look

narrowly into it, we shall perceive diversity of colors, which,

according to the various situations and positions, make various

appearances. Sometimes Tory is like the moon in its full, as

appeared in the affair of the bill of occasional conformity; upon

other occasions it appears to be under a cloud, and as if it were

eclipsed by a greater body, as it did in the design of calling over

the illustrious Princess Sophia. However, by this we may see their

designs are to outshoot Whig in his own bow.

Whig in Scotland is a true blue Presbyterian, who, without

considering time or power, will venture their all for the Kirk, but

something less for the State. The greatest difficulty is how to

describe a Scots Tory. Of old, when I knew them first, Tory was an

honest-hearted comradish fellow, who, provided he was maintained and

protected in his benefices, titles, and dignities by the State, was

the less anxious who had the government and management of the

Church. But now what he is since _jure_ _divino_ came in fashion, and

that Christianity, and, by consequence, salvation comes to depend

upon episcopal ordination, I profess I know not what to make of him;

only this I must say for him, that he endeavors to do by opposition

that which his brother in England endeavors by a more prudent and

less scrupulous method.

Now, my lord, from these divisions there has got up a kind of

aristocracy something like the famous triumvirate at Rome; they are

a kind of undertakers and pragmatic statesmen, who, finding their

power and strength great, and answerable to their designs, will make

bargains with our gracious sovereign; they will serve her

faithfully, but upon their own terms; they must have their own

instruments, their own measures; this man must be turned out, and

that man put in, and then they will make her the most glorious queen

in Europe.

Where will this end, my lord? Is not her Majesty in danger by such

a method? Is not the monarchy in danger? Is not the nation's peace

and tranquillity in danger? Will a change of parties make the

nation more happy? No, my lord, the seed is sown that is like to

afford us a perpetual increase; it is not an annual herb, it takes

deep root; it seeds and breeds; and, if not timely prevented by her

Majesty's royal endeavors, will split the whole island in two.

My lord, I think, considering our present circumstances at this

time, the Almighty God has reserved this great work for us. We may

bruise this Hydra of division, and crush this Cockatrice's egg. Our

neighbors in England are not yet fitted for any such thing; they are

not under the afflicting hand of Providence, as we are; their

circumstances are great and glorious; their treaties are prudently

managed, both at home and abroad; their generals brave and valorous;

their armies successful and victorious; their trophies and laurels

memorable and surprising; their enemies subdued and routed; their

strongholds besieged and taken, sieges relieved, marshals killed and

taken prisoners; provinces and kingdoms are the results of their

victories; their royal navy is the terror of Europe; their trade and

commerce extended through the universe, encircling the whole

habitable world and rendering their own capital city the emporium

for the whole inhabitants of the earth. And, which is yet more than

all these things, the subjects freely bestow their treasure upon

their sovereign! And, above all, these vast riches, the sinews of

war, and without which all the glorious success had proved abortive

--these treasures are managed with such faithfulness and nicety,

that they answer seasonably all their demands, though at never so

great a distance. Upon these considerations, my lord, how hard and

difficult a thing will it prove to persuade our neighbors to a

self-denying bill.

'Tis quite otherwise with us, my lord; we are an obscure poor

people, though formerly of better account, removed to a remote

corner of the world, without name, and without alliances, our posts

mean and precarious, so that I profess I don't think any one post of

the kingdom worth the briguing after, save that of being

commissioner to a long session of a factious Scotch Parliament, with

an antedated commission, and that yet renders the rest of the

ministers more miserable. What hinders us then, my lord, to lay

aside our divisions, to unite cordially and heartily together in our

present circumstances, when our all is at stake? Hannibal, my lord,

is at our gates; Hannibal is come within our gates Hannibal is come

the length of this table; he is at the foot of this throne; he will

demolish this throne; if we take not notice, he'll seize upon these

regalia, he'll take them as our _spolia_ _opima_, and whip us out of

this house, never to return again.

For the love of God then, my lord, for the safety and welfare of our

ancient kingdom, whose sad circumstances, I hope, we shall yet

convert into prosperity and happiness, we want no means, if we

unite. God blessed the peacemakers; we want neither men, nor

sufficiency of all manner of things necessary, to make a nation

happy; all depends upon management, _Concordia_ _res_ _parvae_

_crescunt_. I fear not these articles, though they were ten times

worse than they are, if we once cordially forgive one another, and

that, according to our proverb, bygones be bygones, and fair play

for time to come. For my part, in the sight of God, and in the

presence of this honorable house, I heartily forgive every man, and

beg that they may do the same to me; and I do most humbly propose

that his grace, my lord commissioner, may appoint an Agape, may

order a love feast for this honorable house, that we may lay aside

all self-designs, and after our fasts and humiliations may have a

day of rejoicing and thankfulness, may eat our meat with gladness,

and our bread with a merry heart; then shall we sit each man under

his own fig-tree, and the voice of the turtle shall be heard in our

land, a bird famous for constancy and fidelity.

My lord, I shall make a pause here, and stop going on further in my

discourse, till I see further, if his grace, my lord commissioner,

receive any humble proposals for removing misunderstandings among

us, and putting an end to our fatal divisions; upon honor, I have no

other design, and I am content to beg the favor upon my bended

knees. (No answer.) My lord chancellor, I am sorry that I must

pursue the thread of my sad and melancholy story. What remains, I

am afraid may prove as afflicting as what I have said; I shall

therefore consider the motives which have engaged the two nations to

enter upon a treaty of union at this time. In general, my lord, I

think both of them had in their view to better themselves by the

treaty; but before I enter upon the particular motives of each

nation, I must inform this honorable house that since I can

remember, the two nations have altered their sentiments upon that

affair, even almost to downright contradiction--they have changed

headbands, as we say; for the English, till of late, never thought

it worth their pains of treating with us; the good bargain they made

at the beginning they resolve to keep, and that which we call an

incorporating union was not so much as in their thoughts. The first

notice they seemed to take of us was in our affair of Caledonia,

when they had most effectually broken off that design in a manner

very well known to the world, and unnecessary to be repeated here;

they kept themselves quiet during the time of our complaints upon

that head. In which time our sovereign, to satisfy the nation, and

allay their heats, did condescend to give us some good laws, and

amongst others that of personal liberties; but they having declared

their succession, and extended their entail, without ever taking

notice of us, our gracious sovereign Queen Anne was graciously

pleased to give the royal assent to our act of security, to that of

peace and war after the decease of her Majesty, and the heirs of her

body, and to give us a hedge to all our sacred and civil interests,

by declaring it high treason to endeavor the alteration of them, as

they were then established. Thereupon did follow the threatening

and minatory laws against us by the Parliament of England, and the

unjust and unequal character of what her Majesty had so graciously

condescended to in our favors. Now, my lord, whether the desire

they had to have us engaged in the same succession with them, or

whether they found us like a free and independent people, breathing

after more liberty than what formerly was looked after, or whether

they were afraid of our act of security, in case of her Majesty's

decease; which of all these motives has induced them to a treaty I

leave it to themselves. This I must say only, they have made a good

bargain this time also.

For the particular motives that induced us, I think they are obvious

to be known, we found by sad experience, that every man hath

advanced in power and riches, as they have done in trade, and at the

same time considering that nowhere through the world slaves are

found to be rich, though they should be adorned with chains of gold,

we thereupon changed our notion of an incorporating union to that of

a federal one; and being resolved to take this opportunity to make

demands upon them, before we enter into the succession, we were

content to empower her Majesty to authorize and appoint

commissioners to treat with the commissioners of England, with as

ample powers as the lords commissioners from England had from their

constituents, that we might not appear to have less confidence in

her Majesty, nor more narrow-heartedness in our act, than our

neighbors of England. And thereupon last Parliament, after her

Majesty's gracious letter was read, desiring us to declare the

succession in the first place, and afterwards to appoint

commissioners to treat, we found it necessary to renew our former

resolve, which I shall read to this honorable house. The resolve

presented by the Duke of Hamilton last session of Parliament:--

"That this Parliament will not proceed to the nomination of a

successor till we have had a previous treaty with England, in

relation to our commerce, and other concerns with that nation. And

further, it is resolved that this Parliament will proceed to make

such limitations and conditions of government, for the rectification

of our constitution, as may secure the liberty, religion, and

independency of this kingdom, before they proceed to the said

nomination."

Now, my lord, the last session of Parliament having, before they

would enter into any treaty with England, by a vote of the house,

passed both an act for limitations and an act for rectification of

our constitution, what mortal man has reason to doubt the design of

this treaty was only federal?

My lord chancellor, it remains now, that we consider the behavior of

the lords commissioners at the opening of this treaty. And before I

enter upon that, allow me to make this meditation, that if our

posterity, after we are all dead and gone, shall find themselves

under an ill-made bargain, and shall have recourse unto our records,

and see who have been the managers of that treaty, by which they

have suffered so much; when they read the names, they will certainly

conclude, and say, Ah! our nation has been reduced to the last

extremity, at the time of this treaty; all our great chieftains, all

our great peers and considerable men, who used formerly to defend

the rights and liberties of the nation, have been all killed and

dead in the bed of honor, before ever the nation was necessitated to

condescend to such mean and contemptible terms. Where are the names

of the chief men, of the noble families of Stuarts, Hamiltons,

Grahams, Campbels, Gordons, Johnstons, Humes, Murrays, Kers? Where

are the two great officers of the crown, the constables and marshals

of Scotland? They have certainly all been extinguished, and now we

are slaves forever.

Whereas the English records will make their posterity reverence the

memory of the honorable names who have brought under their fierce,

warlike, and troublesome neighbors, who had struggled so long for

independence, shed the best blood of their nation and reduced a

considerable part of their country to become waste and desolate.

I am informed, my lord, that our commissioners did indeed frankly

tell the lords commissioners for England that the inclinations of

the people of Scotland were much altered of late, in relation to an

incorporating union; and that, therefore, since the entail was to

end with her Majesty's life (whom God long preserve), it was proper

to begin the treaty upon the foot of the treaty of 1604, year of

God, the time when we came first under one sovereign; but this the

English commissioners would not agree to, and our commissioners,

that they might not seem obstinate, were willing to treat and

conclude in the terms laid before this honorable house and subjected

to their determination. If the lords commissioners for England had

been as civil and complaisant, they should certainly have finished a

federal treaty likewise, that both nations might have the choice

which of them to have gone into as they thought fit; but they would

hear of nothing but an entire and complete union, a name which

comprehends a union, either by incorporation, surrender, or

conquest, whereas our commissioners thought of nothing but a fair,

equal, incorporating union. Whether this be so or not I leave it to

every man's judgment; but as for myself I must beg liberty to think

it no such thing; for I take an incorporating union to be, where

there is a change both in the material and formal points of

government, as if two pieces of metal were melted down into one

mass, it can neither be said to retain its former form or substance

as it did before the mixture. But now, when I consider this treaty,

as it hath been explained and spoke to before us this three weeks by

past, I see the English constitution remaining firm, the same two

houses of Parliament, the same taxes, the same customs, the same

excises, the same trading companies, the same municipal laws and

courts of judicature; and all ours either subject to regulations or

annihilations, only we have the honor to pay their old debts and to

have some few persons present for witnesses to the validity of the

deed when they are pleased to contract more.

Good God! What, is this an entire surrender!

My lord, I find my heart so full of grief and indignation that I

must beg pardon not to finish the last part of my discourse, that I

may drop a tear as the prelude to so sad a story.

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