[Address against the union submitted; pamphlet ordered to be burned]

Prayers said.

Rolls called.

Minutes of the last sederunt read.

Address of barons, freeholders and others within the shire of Berwick, subscribers of the same, against a union with England in the terms of the articles, given in and read.

A scurrilous print asserting the dependency of the crown and kingdom of Scotland upon the crown and kingdom of England brought in, and several paragraphs thereof being read,

Ordered that the said scurrilous print be burned by the hand of the common hangman at the market cross of Edinburgh tomorrow between 11 o'clock and 12 o'clock, and the magistrates of Edinburgh appointed to see the same punctually done.

  1. NAS. PA3/7, Printed Minutes No.38, 1-3 or NAS. PA6/36, 192, f.38-38v. Back
[Report of the committee and article of union read, debated and approved]

An eighth report from the committee to whom the sixth article of union is remitted brought in and read in these terms, namely: the committee of parliament to whom the sixth article of the treaty was remitted, having considered the remit to them with the books of rates both for Scotland and England and the several acts of parliament relating thereto, the schemes or abstracts from the customs house books, given in to them from the council of trade, and the report relating thereto of their subcommittee, who, on a report from them, had compared the customs and duties on export and import settled in England with those settled in Scotland, and had calculated the duties payable in Scotland upon tar, tobacco, iron, planks, single and double trees, lint and linseed, and compared the same with the duties payable upon the same goods in England at a medium of the three years, whereof they had the said abstracts from the customs house books, they find that as to the customs and duties on export and import in general the customs in Scotland belong to the crown and are perpetual, whereas those in England terminate at a certain number of years, namely: about two of fifteen parts thereof at 8 March 1709, nine of fifteen parts thereof at 1 August 1710, about three of fifteen parts thereof continue only during her majesty's life, and about one of fifteen parts thereof for ninety five years; and that the duties upon exportation which were granted 12th Charles II, chapter 4 are easy, have never been augmented, save upon a very few particulars, and terminate 1 August 1710; that those goods which contribute to luxury and those that are manufactured or can be had within the island are those that pay high duties when imported, but that the total or most of the customs and duties paid at importation are drawn back upon exportation, if exported within a certain time, except a moiety of old subsidy, which is very small and which is imposed by the aforesaid act 12th Charles II, chapter 4, and terminates 1 August 1710; that the duties on the before mentioned goods at the above medium payable in Scotland by the nearest calculation can be made amounts to £253,184 15s 7d and now payable in England to £413,559 8s 4d, and payable in England after 1710 to £129,640 9s 8d Scots; and the duties upon our linen cloth and cattle imported into England by the above medium amounts to £272,629 3s 10d money aforesaid, so that it is the opinion of the committee the duties after 1710 will be much easier than now they are, and even as they stand now payable in England, considering the duties that are upon Scots goods imported into England and taken off by the treaty, the customs of Scotland taken together even before 1 August 1710 will be easier than now they are.

And, after some reasoning thereon, a state of a vote was offered approve of the sixth article of union as explained and enlarged or not.

But it being moved that the vote could not be stated in these terms, in respect what concerned the African Company fell under the said sixth article, which was to be considered.

Whereupon it was agreed that what concerns the African Company shall be entire and be taken into consideration under the fifteenth article, and that the approving of the sixth article shall not be prejudicial thereto.

And the above state for a vote being again proposed, after some debate, it was moved that the said article should be further amended, and thereupon a second state of a vote was offered in these terms approve or amend.

Whereupon the said sixth article with the several additions, enlargements and explanations after-mentioned, contained in several former minutes, namely: the word 'drawbacks' to be inserted in both. Item, and seeing by the laws of England notwithstanding there are rewards granted upon exportation of certain kinds of grain, wherein oats ground or unground are not specified, that from and after the union when oats shall be at 15s sterling per quarter or under, there shall be paid 2s 6d sterling for every quarter of the oatmeal exported in the terms of the law whereby and so long as rewards are granted for exportation of other grains, and that the bear of Scotland have the same rewards as barley. Item, and in respect the importation of victual into Scotland from any part beyond sea would prove a discouragement to tillage, therefore that the prohibitions as now in force by the law of Scotland against importation of victual from Ireland or any other place beyond sea into Scotland do after the union remain in the same force as now it is, until more proper and effectual ways be provided by the parliament of Great Britain for discouraging the importation of the said victual from beyond sea. Item, excepting and reserving the duties upon export and import of such particular commodities from which any persons, the subjects of either kingdom, are specially liberated and exempt by their private rights, which after the union are to remain safe and entire to them in all respects as before the same. Item, that from and after the union no Scots cattle carried into England shall be liable to any other duties, either on the public or private accounts, than these duties to which the cattle of England are or shall be liable within the said kingdom. Being all read over, it was put to the vote whether the first or second should be the state of the vote, and it carried first.

Then the vote was put approve of the said sixth article as enlarged and explained or not, and it carried approve.

  1. NAS. PA3/7, Printed Minutes No.38, 1-3 or NAS. PA6/36, 192, f.38-38v. Back
[Act for additional premium on exported victual read; article of union and report of the committee read and delayed]

Draft of an act for additional premiums on exportation of victual to commence 1 February and to end 30 April both next to come again read, and a first reading ordered to be marked thereon.

The eighth article of union read, and the first clause or paragraph thereof was also again read.

Whereupon a report brought in from the committee to whom the said eighth article is remitted was read in these terms: the committee to whom the eighth article of union anent duties upon salt was remitted are of opinion that after the first clause of the said article an explanation in the terms following will be necessary:

But in regard the duties of great quantities of foreign salt imported may be very heavy upon the merchants importers, that therefore all foreign salt imported shall be cellared and locked up under the custody of the merchant importer and officers employed for levying the duties upon salt, and that the merchant may have what quantities thereof his occasion may require, not under a weigh or 40 bushels at a time, giving security for the duty of what quantity he receives payable in six months.

And, after some reasoning thereon, the further consideration of the said eighth article and report was delayed until the next sederunt of parliament.

  1. NAS. PA3/7, Printed Minutes No.38, 1-3 or NAS. PA6/36, 192, f.38-38v. Back
[Continuation]

Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.

[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament

  1. NAS. PA3/7, Printed Minutes No.38, 1-3 or NAS. PA6/36, 192, f.38-38v. Back