The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agreed on 22 July 1706, which politically joined the Kingdom of England and Kingdom of Scotland into a single "political state" named Great Britain, with Queen Anne as its sovereign. The English and Scottish acts of ratification took effect on 1 May 1707, creating the new kingdom, with its parliament based in the Palace of Westminster.
The two countries had shared a monarch since the "personal" Union of the Crowns in 1603, when James VI of Scotland inherited the English throne from his cousin Elizabeth I to become (in addition) 'James I of England', styled James VI and I. Attempts had been made to try to unite the two separate countries, in 1606, 1667, and in 1689 (following the Glorious Revolution in 1688, and subsequent deposition of James II of England by his daughter Mary and her husband William of Orange), but it was not until the early 18th century that both nations via separate groups of English and Scots Royal Commissioners and their respective political establishments, came to support the idea of an international "Treaty of political, monetary and trade Union", albeit for different reasons.
Political background
Prior to 1603, England and Scotland had different monarchs, but when Elizabeth I died without children, she was succeeded as King of England by her distant relative, James VI of Scotland. After her death, the two Crowns were held in personal union by James (reigning as James VI and I), who announced his intention to unite the two realms.
The 1603 Union of England and Scotland Act established a joint Commission to agree terms, but the Parliament of England was concerned this would lead to an absolutist structure similar to that of Scotland. James was forced to withdraw his proposals, but used the royal prerogative to take the title "King of Great Britain".
Attempts to revive the project of union in 1610 were met with hostility. English opponents such as Sir Edwin Sandys argued that changing the name of England "were as yf [sic] to make a conquest of our name, which was more than ever the Dane or Norman could do". Instead, James set about creating a unified Church of Scotland and England, as the first step towards a centralised, Unionist state.
However, despite both being nominally Episcopal in structure, the two were very different in doctrine; the Church of Scotland, or kirk, was Calvinist in doctrine, and viewed many Church of England practices as little better than Catholicism. As a result, attempts to impose religious policy by James and his son Charles I ultimately led to the 1639–1651 Wars of the Three Kingdoms. The 1639–1640 Bishops' Wars confirmed the primacy of the Scots kirk, and established a Covenanter government in Scotland. The Scots remained neutral when the First English Civil War began in 1642, before becoming concerned at the impact on Scotland of an English Royalist victory. Presbyterian leaders like Argyll viewed union as a way to ensure free trade between England and Scotland, and preserve a Scots Presbyterian kirk.
Under the 1643 Solemn League and Covenant, the Scots Parliament agreed to provide military support to its English counterpart in return for a united Presbyterian church, but did not explicitly commit to political union. As the war progressed, Scots and English Presbyterians increasingly viewed the English Independents, and associated radical groups like the Levellers, as a bigger threat than the Royalists. Both Royalists and Presbyterians agreed monarchy was divinely ordered, but disagreed on the nature and extent of Royal authority over the church. When Charles I surrendered in 1646, an English pro-Royalist faction known as the Engagers allied with their former enemies to restore him to the English throne.
After defeat in the 1647–1648 Second English Civil War, Scotland was occupied by English troops, which were withdrawn once those whom Cromwell held responsible had been replaced by the Kirk Party. In December 1648, Pride's Purge paved the way for the Trial of Charles I in England by excluding MPs who opposed it. Following the execution of Charles I in January 1649, and establishment of the Commonwealth of England, the Scots Kirk Party proclaimed Charles II King of Scots and England and, in the 1650 Treaty of Breda, resolved to restore him to the English throne. Instead, defeat in the Anglo-Scottish War resulted in Scotland's incorporation into the Commonwealth in 1653, largely driven by Cromwell's determination to break the power of the Scots kirk. The 1652 Tender of Union was followed on 12 April 1654 by An Ordinance by the Protector for the Union of England and Scotland, creating the Commonwealth of England and Scotland. It was ratified by the Second Protectorate Parliament on 26 June 1657, creating a single Parliament in Westminster, with 30 representatives each from Scotland and Ireland added to the existing English members.
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. Both Scotland and England associated union with heavy taxes and military rule; it had little popular support in either Country, and the union was dissolved after the Restoration of Charles II in 1660.
The Scottish economy was badly damaged by the (protectionist) 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 and VI. 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.
Following the 1688 invasion of England by a Dutch fleet and army led by Prince William of Orange and his wife Mary (daughter of James II), and their deposition of James II as King of England, a Scottish Convention of the Estates (a sister body to the Parliament of Scotland) met in Edinburgh in April 1689 to agree a new Constitutional settlement for Scotland. The Convention of the Estates issued an address to William and Mary "as both kingdomes are united in one head and soveraigne so they may become one body pollitick, one nation to be represented in one parliament", reserving "our church government, as it shall be established at the tyme of the union". William and Mary were supportive of the idea but it was opposed both by the Presbyterian majority in Scotland and the English Parliament. 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.
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. In 1698, the Company of Scotland Trading to Africa and the Indies received a charter to raise capital through public subscription. 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. The scheme was a disaster; the losses of over £150,000 severely impacted the Scottish commercial system.
Political motivations
The International Treaty, and English and Scots acts of ratification 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-Norway and Spain. While there were exceptions, such as the Dutch Republic or the Republic of Venice, the trend was clear.
Exclusion Crisis and Glorious Revolution
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 prince James (later James II of England, James VII of Scots) succeeding his brother Charles II. James was sent to Edinburgh in 1681 as Lord High Commissioner; in August, the Parliament of Scotland 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 Scots Crown. It then went beyond ensuring James's succession to the Scots 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".
The issue reappeared during the 1688 Dutch invasion and coup d'etat (subsequently entitled as "the Glorious Revolution"). The English Convention Parliament generally supported replacing James with his Protestant daughter Mary, holding to their "legal fiction" that James, by fleeing to France, had abandoned his English subjects and "abdicated". They initially resisted making her Dutch husband William of Orange joint ruler but relented, "fearing the return of James" only when William threatened to take his troops and fleet and return to the Netherlands, and Mary refused to rule without him.
William's Claim of Right
In Scotland, it became a Constitutional issue. The fact that King James had not been present in Scotland meant that the question of abdication need not arise. On 4 April 1689 a Convention of the Three Estates of Scotland (sister body to the Parliament of Scotland) declared that James "had acted irregularly" by assuming regal power (government) "without ever taking the Coronation Oath required by Scots Law". Thus, he had "FOREFALTED [forfeited] the Right to the Scots Crown, and the Scots Throne is become vacant". This was a fundamental difference; if the Parliament of Scotland could decide James had "Forfaulted" his Scots throne by actions having, in the words of the "Claim of Right" act 1689 "Invaded the fundamentall Constitution of the Kingdome and altered it from a legall limited monarchy To ane arbitrary despotick power". "Scots monarchs derived legitimacy from the Convention of the Estates", later declared a Parliament of Scotland, not God, thus ending the principle of divine right of kings.
Enshrined in the Union with England Act 1707:
The haill other acts of parliament relating thereto in prosecution of the Declaration of the Estates of this kingdom containing the "Claim of Right" bearing date the eleventh of aprile one thousand six hundred and eighty nine.
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.
William's attempts to have the Claim of Right amended were directed through the "Court faction" which began arguing from 1699 onwards that:
- The Convention of the Estates was not a parliament so the act did not really count as binding and
- the Convention of the Estates was a parliament and so parliament could just rewrite it.
A year and a half after William's death, the Parliament of Scotland "put a period on the end of that sentence" by passing an act which recognised the standing of the Convention of the Estates as a parliament in its own right and made it "high treason" to impugn its authority or to so much as suggest attempting to alter the Claim of Right.
Here is the Claim of Right understood and upheld for its secular constitutional provisions quite as much as for its religious provisions.
Our sovereign lady, with advice and consent of the estates of parliament, ratites, approves and perpetually confirms the first act of King William and Queen Mary's parliament, dated 5 June 1689, entitled act declaring the meeting of the estates to be a parliament, and of new enacts and declares that the three estates then met together the said 5 June 1689, consisting of noblemen, barons and burghs, were a lawful and free parliament, and it is declared that it shall be "high treason" for any person to disown, quarrel or impugn the dignity and authority of the said Parliament. And further, the queen's majesty, with consent foresaid, statutes and declares that it shall be 'high treason' in any of the subjects of this kingdom to quarrel, impugn or endeavour by writing, malicious and advised speaking, or other open act or deed, to alter or innovate the Claim of Right or any article thereof.