Second, the Union was contrary to the constitutional relationship already established with England under the terms of the Solemn League and Covenant (1643).
Indeed, just as the National Covenant of 1638 had bound Scotland to the Reformed faith, so the Solemn League and Covenant bound the English King and the English Parliament to preserve the Presbyterian and Reformed Faith in Scotland and to pursue the further Reformation of the Church and State in England and Ireland.
As we have seen above, it is beyond dispute that these Covenants, upon their adoption by the Crown and Parliament – on oath – became the foundational constitutional documents of the realm: furthermore, the terms by which they were adopted into the constitution made plain that no-one had a right to reign or govern in the land of Scotland without approving of these covenants. This was the case in connection with the officers of church, state and the army – as is evident, for example, in the terms by which Charles II was recognised as Monarch by the Scots in 1651.
However, the ‘Protestation’ makes plain that the terms upon which Union was agreed with England were in direct, and serious, breach of these covenantal obligations. Indeed, according to the ’Protestation’, the terms of the Union made it impossible for the nation of Scotland to fulfil her vows to God!
The particular sources of grievance are the following.
The first article of the Solemn League and Covenant bound the nation of Scotland to the further reformation of England in doctrine, worship, discipline and government. The terms of the Union of 1707, however, forbids this to be done;
The second article of the Solemn League and Covenant abjured prelacy (government by bishops) forever. The terms of the Union of 1707, however, as agreed in both England and Scotland, established prelacy forever in England.
The third article of the Solemn League and Covenant bound the nation of Scotland to the preservation of the rights, liberties and privileges of Parliament; the terms of the Union of 1707 abolished the Parliament of the Kingdom of Scotland.
The fourth article of the Solemn League and Covenant bound the nation to oppose all those who would hinder the work of reformation in the nation; the terms of the Union of 1707 secured the place of unbiblical officers of the church (prelates) in the government of the church and of the nation through their seats in Parliament (in the House of Lords).
In other words, by the terms of the Treaty of Union, officers of the Church of England – Bishops – are entitled to sit in a position of civil government over the nation of Scotland! This is contrary both to scripture and to the Solemn League and Covenant.
It is clear, then, that the Treaty of Union only served to exacerbate the defects which had been brought into the Constitution of the Kingdom of Scotland by the Revolution of 1688. Far from improving matters constitutionally, it made them even worse.