Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-75dct Total loading time: 0 Render date: 2024-05-18T11:36:30.278Z Has data issue: false hasContentIssue false

3 - Analytic unionism and the issue of sovereignty

Published online by Cambridge University Press:  06 July 2010

Colin Kidd
Affiliation:
University of Glasgow
Get access

Summary

The Union of 1707 is an enigma which defies easy constitutional analysis. This undertaking took its rise from the reluctance of the Scots parliament to fall into line with the English Act of Settlement (1701) which entailed the English crown on the Hanoverian line. The Scots rejected overtures to agree the Hanoverian succession to the crown of Scotland. An alternative strategy to bring the Scots to accept the Hanoverian succession was to offer the Scots a Union with England which involved significant trading advantages for the Scots but also incorporated their recalcitrant parliament with England's and provided for their adherence to the Hanoverian succession. In the summer of 1706 two sets of commissioners acting on behalf of Queen Anne in her two distinct regal personalities as Queen Anne of England and Queen Anne of Scotland negotiated the terms of a Union agreement. These twenty-five Articles of Union – which dealt with the Hanoverian succession, the union of the two parliaments, fiscal matters, trade and the continuation of a separate system of Scots law, but wisely avoided the contentious issue of religion – were sent to the Scottish parliament for ratification. With some modest amendments and the addition of an Act – integral to the Union settlement – which guaranteed the privileges and autonomy of the established presbyterian Church of Scotland in perpetuity, the Articles of Union were embodied in an Act of the Scottish parliament.

Type
Chapter
Information
Union and Unionisms
Political Thought in Scotland, 1500–2000
, pp. 81 - 133
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Pryde, G. S., The Treaty of Union of Scotland and England 1707 (London and Edinburgh, 1950), pp. 81–120Google Scholar
Acts of the Parliaments of Scotland 1124–1707 (ed. Thomson, T. and Innes, C., 12 vols., Edinburgh, 1814–75), xi, pp. 402–3, 406–13
Donaldson, G. (ed.), Scottish historical documents (1970: Glasgow, 1997), pp. 268–77
Dicey, A. V., Introduction to the study of the law of the constitution (10th edn, Basingstoke, 1959), p. 445Google Scholar
Mitchell, J. D. B, ‘What happened to the constitution on 1 January 1973?’, Cambrian Law Review (1980), 69–86Google Scholar
Wyllie, Robert, A letter concerning the Union, with Sir George Mackenzie's observations and Sir John Nisbet's opinion upon the same subject (1706), pp. 5, 7, 9–12, 14–15, 17
Symson, David, Sir George Mackenzie's arguments against an incorporating Union particularly considered (Edinburgh, 1706), pp. 9–10, 13Google Scholar
Cromarty, , A friendly return to a letter concerning Sir George Mackenzie's and Sir John Nisbet's observation and response on the matter of the Union (1706), esp. pp. 6–7, 15, 18, 21, 25, 29
‘An abstract of the proceedings on the Treaty of Union within the parliament of Scotland’, in Defoe, D. (ed.), History of the Union of Great Britain (Edinburgh, 1709), pp. 79–80
Grant, Francis, The patriot resolved (1707), p. 11
Spottiswoode, John, The trimmer (Edinburgh, 1706), pp. 8–9
Ferguson, W., ‘Imperial crowns: a neglected facet of the background to the Treaty of Union of 1707’, Scottish Historical Review 53 (1974), 22–44Google Scholar
Davies, R. R., The first English empire: power and identities in the British Isles, 1093–1343 (Oxford, 2000)Google Scholar
Kidd, C., ‘The matter of Britain and the contours of British political thought’, in Armitage, D. (ed.), British political thought in history, literature and theory, 1500–1800 (Cambridge, 2006), pp. 47–66CrossRefGoogle Scholar
Armitage, D., The ideological origins of the British Empire (Cambridge, 2000)CrossRefGoogle Scholar
Craig, Thomas, Scotland's sovereignty asserted (ed. and transl. Ridpath, George, London, 1695)Google Scholar
Atwood, William, The superiority and direct dominion of the imperial crown of England over the crown and kingdom of Scotland (London, 1704)Google Scholar
Atwood, William, The superiority and direct dominion of the imperial crown of England…reasserted (London, 1705)Google Scholar
Anderson, James, An historical essay shewing that the crown and kingdom of Scotland is imperial and independent (Edinburgh, 1705)Google Scholar
Anderson, James, Selectus numismatum diplomatum Scotiae (Edinburgh, 1739)Google Scholar
Robertson, William, History of Scotland, in Robertson, , Works (London, 1831), p. 54Google Scholar
Hume, David, History of England (6 vols., Indianapolis, 1983), ii, pp. 88–9Google Scholar
George, Lord Lyttelton, The history of the life of King Henry the Second (4 vols., London, 1767–71), iii, p. 171Google Scholar
Chalmers, George, Caledonia (London, 1807), pp. 629, 632, 819, 865Google Scholar
Palgrave, Francis, The rise and progress of the English Commonwealth: Anglo-Saxon period (2 vols., London, 1832), i, pp. 444, 473, 476–7, 480–1, 562–4, 598–624Google Scholar
Hannay, James, ‘The Scot at home’, Cornhill Magazine 14 (Aug. 1866), 238–56, at 240Google Scholar
Freeman, Edward, The history of the Norman Conquest of England, i (Oxford, 1867), p. 61Google Scholar
Begg, James, A violation of the Treaty of Union the main origin of our ecclesiastical divisions and other evils (Edinburgh, 1871), p. 3Google Scholar
Bankton, Lord, An institute of the laws of Scotland (3 vols., Edinburgh, 1751–3), i, p. 22Google Scholar
Bruce, John, Report on the events and circumstances, which produced the Union of the Kingdoms of England and Scotland (2 vols., 1799), i, p. 401
Erskine, John, An institute of the law of Scotland (2 vols., Edinburgh, 1773), i, p. 6Google Scholar
Hetherington, William, History of the Church of Scotland (Edinburgh, 1842), p. 602Google Scholar
Ferrier, J. F., Observations on church and state suggested by the Duke of Argyll's essay on the ecclesiastical history of Scotland (Edinburgh and London, 1848), pp. 6–15Google Scholar
Innes, Alexander Taylor, The law of creeds in Scotland (Edinburgh and London, 1867), pp. 119, 125, 127Google Scholar
Mackay, Aeneas, A sketch of the history of Scots law (Edinburgh?, 1882), p. 21Google Scholar
McGrigor, Alexander, The British parliament, its history and functions: an address delivered to the Liberal Unionist association of the College Division of Glasgow, On 28th January 1887 (Glasgow, 1887), p. 35Google Scholar
Mathieson, William Law, Scotland and the Union: a history of Scotland from 1695 to 1747 (Glasgow, 1905), pp. 213–14Google Scholar
Oliver, F. S., Alexander Hamilton: an essay on American union (London, 1906), pp. 476, 481, 486Google Scholar
Boyce, D. G. and Stubbs, J. O., ‘F. S. Oliver, Lord Selborne and federalism’, Journal of Imperial and Commonwealth History 5 (1976–7), 53–81CrossRefGoogle Scholar
Keith, Arthur Berriedale, The theory of state succession (London, 1907), p. 9Google Scholar
Dicey, A. V. and R, S. Rait, Thoughts on the Union between England and Scotland (London, 1920), pp. 247, 252–4Google Scholar
Dicey, , Introduction, p. 69 fn
Fraser, Walter, An outline of constitutional law (London and Edinburgh, 1938), pp. 3, 9–10Google Scholar
MacCormick, John, The flag in the wind (London, 1955), p. 188Google Scholar
Middleton, K. W. B., ‘New thoughts on the Union between England and Scotland’, Juridical Review (1954), 37–60, esp. 37–8, 53, 55, 58–60Google Scholar
Middleton, K. W. B., ‘Sovereignty in theory and practice’, Juridical Review 64 (1952), 135–62Google Scholar
Smith, T. B., ‘The Union of 1707 as fundamental law’, Public Law (1957), 99–121, at 100–1, 104–6, 108–9Google Scholar
Smith, T. B., British justice: the Scottish contribution (London, 1961), pp. 203–13Google Scholar
Murray, R. K., ‘The constitutional position of the Church of Scotland’, Public Law (1958), 155–62, at 158Google Scholar
Murray, R. K., ‘The Anglo-Scottish Union’, Scots Law Times (1961), 161–4Google Scholar
Murray, R. K., ‘Devolution in the U.K. – a Scottish perspective’, Law Quarterly Review 96 (1980), 35–50, at 40Google Scholar
Mitchell, J. D. B., Constitutional law (1964: Edinburgh, 1968), esp. pp. 4, 19–20, 69–75, 92–8Google Scholar
Loughlin, M., ‘Sitting on the fence at Carter Bar: in praise of J. D. B. Mitchell’, Juridical Review (1991), 135–53Google Scholar
Bates, St Johnet al. (eds.), In memoriam J. D. B. Mitchell (London, 1983)Google Scholar
Munro, Colin, Studies in constitutional law (2nd edn, 1999: Oxford, 2005 pbk), esp. pp. 137–42Google Scholar
Kilbrandon, Lord, A background to constitutional reform (Holdsworth Club, Birmingham, 1975), pp. 15–16Google Scholar
Edwards, D. J., ‘The Treaty of Union: more hints of constitutionalism’, Legal Studies 12 (1992), 34–41CrossRefGoogle Scholar
Addo, M. K. and Smith, V. M., ‘The relevance of historical fact to certain arguments relating to the legal significance of the Acts of Union’, Juridical Review (1998), 37–66Google Scholar
Walker, N., ‘Beyond the unitary conception of the United Kingdom constitution’, Public Law (2000), 384–404Google Scholar
Wicks, E., ‘A new constitution for a new state? The 1707 Union of England and Scotland’, Law Quarterly Review 117 (2001), 109–26Google Scholar
Wicks, E., Evolution of a constitution: eight key moments in British constitutional history (Oxford, 2006)Google Scholar
O'Neill, A., ‘A tale of two constitutions: the Treaty of Union and the Treaty of Rome’, Scots Law Times (1997), 205–12Google Scholar
Upton, M., ‘Marriage vows of the elephant: the constitution of 1707’, Law Quarterly Review 105 (1989), 79–103, at 84, 91–2Google Scholar
Mullen, T., ‘Reflections on Jackson v. Attorney General: questioning sovereignty’, Legal Studies 27 (2007), 1–25, at 8–9CrossRefGoogle Scholar
‘Thorburn v. Sunderland City Council’, Common Market Law Reports 93 (2002), 1461–1500, at 1492

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×