The Constitutional Position After the Revolution.—When William died, in March 1702, the hostility between England and Scotland was so bitter that the continuance of a Union of the Crowns after the death of Queen Anne was in danger. The revo lution settlements in the two countries had, in fact, made the existing constitution unworkable. Before 1689, the Scottish par liament, except during the civil war (1638-51), had exercised only a slight influence upon the national history. It was much less representative than the English House of Commons, and its methods of procedure were such as to make it a tool in the hands of the Government. Its efficient powers were entrusted to a committee known as the Lords of the Articles, which, though consisting of members of parliament, was not elected by the whole House. The choice of its members was manipulated by the Gov ernment and on many occasions a majority of its members were also members of the Privy Council, the executive of the country. But, after the revolution, the Committee of the Articles was abol ished, and the Scottish parliament, having secured the rights for which the English parliament had long contended, could compel the sovereign to act in accordance with its demands in domestic affairs, and claimed also to control foreign policy. In the days of personal government, a monarch ruling over two independent kingdoms had no difficulty in securing unity of policy, but the new constitutional monarchy found it hard to reconcile the aims of two separate parliaments. A mere union of the Crowns could not suffice to meet the necessities of government.
Proposals for union had been made on several occasions since 1603. James VI. had tried to bring about a complete incorpo rating union with "one worship of God, one kingdom entirely governed [i.e., with a single government], one uniformity of law," but had been compelled by the opposition of the English Com mons to abandon his projects. Cromwell had forced a union upon the Scots, and, after the Restoration, they suffered from the loss of the trading privileges which a union had involved. In 1667
commissioners from the two countries met to negotiate a com mercial treaty, and when the English commissioners refused to exempt Scotland from the operation of the Navigation Act, Charles II. proposed a scheme of union which was discussed in 167o, but without result. At the revolution, the Scottish parlia ment itself appointed commissioners "to treat the terms of an entire and perpetual union between the two kingdoms," but though William did his best to encourage the scheme, his Eng lish parliament would not appoint English commissioners. William remained an enthusiastic advocate of union, and recognized in the bitter temper of both nations after the failure of the Darien scheme a reason for accelerating it. But again (1700) the Eng lish Commons would not agree to the appointment of a commis sion, and William, from his deathbed in 1702, sent a royal mes sage to the English parliament urging the necessity of a union for the preservation of peace between the two countries. As a mark of respect for his memory, Anne invited the two parlia ments to appoint commissioners. A commission sat in the winter of 1702-3, but the negotiations failed because of the opposition of the English merchants to a scheme which involved reciprocal freedom of trade.
The English Whig ministry, strengthened by Marlborough's victory at Blenheim, resolved to defy the prejudices of their own supporters and to offer a union on the basis of freedom of trade combined with securities for the safety of the Presbyterian Established Church and for the maintenance of Scots law and of the Scottish Courts of Justice. The Scottish Whigs responded to the offer and commissioners from both countries met in April 1706. The subject which gave rise to most discussion was the representation of Scotland in the future parliament of Great Britain. The numbers as finally settled gave Scotland the inade quate representation of 45 members in the Commons and 16 in the Lords. In Jan. 1707 the proposed Treaty of Union was con firmed by the Scottish parliament by a majority of 110 votes to 68, and the terms were embodied in legislative measures carried by each of the two parliaments. The union was distinctly un popular, but the Jacobite assertions that it was carried by bribery have been challenged.