However, after seemingly endless manoeuvring during August, the Scottish Court party managed to obtain enough support from the Squadrone – a group of young Presbyterian Whig nobles - to secure the Scottish Parliament's agreement for Scots participation in fresh negotiations for a union treaty.
Who should choose the new commissioners?
Having agreed to negotiate a treaty, the next task was to appoint the commissioners. Should they be chosen by parliament or the Queen?
If chosen by parliament, the opposition would almost certainly be able to appoint many opponents of union who would try to sabotage negotiations.
On 1 September, one of the chief opposition figures, the Duke of Hamilton, having done his best to obstruct the introduction of a treaty act, proposed that the commissioners be nominated by the Queen.
Stunned by Hamilton's inexplicable behaviour, most of the opposition leaders left the chamber in dismay, and the motion was passed by eight votes.
Godolphin had at last secured what he needed, a treaty, plus the power to nominate the Scottish commissioners. But there was also the beginning of a political sea-change among the Scottish political elite.
The ruthless execution in March of Captain Green, whose English ship, the Worcester, had strayed into Scottish waters, showed how delicate the relationship was between England and Scotland.
If there was armed conflict, Scotland might well come off worse. The Duke of Hamilton admitted privately that "our independency is now a jest", and that Scotland stood to gain more from a negotiated union than simple agreement on the succession, or war.