Economic problems and legal issues leading up to the Act of Union

Part ofHistoryThe Treaty of Union

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Scotland experienced financial difficulties before Union that strained relationships with England.

  • Scotland had several failed crop harvests called the 'Ill Years' that led to famine.
  • England's Navigation Acts banned Scottish traders from trading with England's overseas colonies.
  • The Darien Scheme, an attempt to establish a Scottish trading colony in Darien, Panama, led to financial disaster.

After the death of William and Mary, England pressured the Scottish Parliament to accept Anne as queen to secure a Protestant succession.

The Scottish Parliament passed laws to secure its powers and protect its trading options.

  • Act of Security 1703 - stated that Scotland reserved the right to choose it's own monarchs.
  • Act anent Peace and War 1703 - gave the Scottish Parliament the right to declare war rather than the monarch.
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Learn in more depth

In the 1690s, Scotland suffered from financial problems that increased hostility towards England. Many people thought that there was a lack of English willingness to help Scotland in its time of need. Scotland was suffering for a number of reasons.

The 'Ill Years' famine

The 'Ill Years' famine began in 1693 and is described as a series of bad harvests and famine in Scotland over several consecutive years that caused massive economic issues for the country.

The Navigation Acts

The Navigation Acts were laws that, since the 1650s, prevented Scotland from trading with England’s colonies in India and the Caribbean.

This was supported by King William and denied Scots the chance to profit from the trade opportunities that English merchants enjoyed. This cut off a possible source of wealth for Scots.

Unlike England and other European countries, Scotland had no colonies of its own so it continued to fall behind its rivals.

The English Navy

During English wars against rivals on continental Europe, the English Navy prevented Scottish ships from travelling to countries such as France, Spain or Holland. This reduced the ability of Scots to trade.

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The Darien Scheme disaster, 1698

Video - The Darien Scheme

Illustration of the proposed settlement of New Caledonia, in Darien, Panama. Image source, Royal Geographical Society / Getty
Image caption,
Illustration of the proposed settlement of New Caledonia, in Darien, Panama. The harshness of the jungle conditions was a major factor in the failure of the colony.

The failure of the Darien Scheme, which was established in 1698, was a major part of Scotland’s problems.

This was a plan proposed in the Scottish Parliament to create a Scottish colony in what is now Panama. This would act as a base from which Scotland could trade with the people of Central America, as well as with Asia, North and South America and the Caribbean.

Despite King William’s initial agreement, he was told by his advisors in London that a Scottish empire would threaten English trade.

He used his influence to encourage English and Dutch investors to withdraw their money from the Company of Scotland - the company set up to run the Darien scheme.

As a result, the Company was left with Scottish investment of around £400,000, just enough to establish a small colony in Panama. 2,500 people sailed from Leith in 1698 but by 1700 only a few hundred people survived.

The Darien Scheme failed for a number of reasons:

  • The scheme was badly planned and the colonists were not prepared for the tropical climate, and swampy jungle environment.
  • Inadequate supplies were brought - ships were loaded with goods for trading rather than food to survive on.
  • Malaria and yellow fever brought widespread illness and a high death rate.
  • Local people were not interested in the goods the Scots offered for trade.

King William played a key role in the failure of the Scots colonists - there was no support from English colonists in the region, as William had discouraged them from helping.

Spanish troops attacked the Scots, as William had told the Spanish that he would not prevent them from doing so.

The failure of the scheme led to severe financial hardship for many in Scotland.

Illustration of the proposed settlement of New Caledonia, in Darien, Panama. Image source, Royal Geographical Society / Getty
Image caption,
Illustration of the proposed settlement of New Caledonia, in Darien, Panama. The harshness of the jungle conditions was a major factor in the failure of the colony.
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Legal tensions between England and Scotland pre Treaty

After the disaster of Darien, many of Scotland's nobility thought union with England would do much to repair the nation's finances. Access to English markets and overseas colonies would lead to new opportunities.

Before any such union, though, there were many legal issues that would need to be resolved.

Jacobite MPs

Scottish Jacobite MPs supported James VII and II until his death in 1701. They continually voiced their opposition to the new monarchy - William and Mary, and then Anne.

After 1701, some supported further military action to restore the Stuarts to the monarchy:

  • They wanted James Francis Edward Stuart ('The Old Pretender'), son of James VII and II, to become King.
  • He would have become James the VIII and III (but never did).

A set of laws passed one after the other by the Scottish and English Parliaments made relations between the two countries worse.

Anglo-Scots legal battles

Click to view a list of competing laws passed in Scotland and England at this time.

MPs and religion

In the Scottish Parliament, MPs expressed fears for the Scottish Presbyterian Church.

They were fearful that some English MPs might impose a structure similar to the Church of England on the Scottish Kirk. This could have meant the introduction of archbishops and bishops and a position of power for the monarch within the Church.

This was something which had existed in England since the reforms of King Henry VIII, but had never existed in Scotland.

The appointment of Commissioners

In 1706 a number of Scottish and English politicians called Commissioners were appointed to discuss proposals for a possible Union of Scotland and England.

They drew up a draft Treaty of Union. The draft Treaty had 25 articles or parts.

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Recap what you have learned

Scotland experienced financial difficulties before Union that strained relationships with England.

  • Scotland had several failed crop harvests called the 'Ill Years' that led to famine.
  • England's Navigation Acts banned Scottish traders from trading with England's overseas colonies.
  • An attempt to establish a Scottish trading colony in Darien, Panama, led to financial disaster.

In the years leading to Union, England pressured the Scottish Parliament to accept Anne as queen after the death of William and Mary to secure a Protestant succession.

The Scottish Parliament passed laws to secure it's powers and protect it's trading options.

  • Act of Security 1703 - stated that Scotland reserved the right to choose it's own monarchs.
  • Act anent Peace and War 1703 - gave the Scottish Parliament the right to declare war rather than the monarch.
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