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adminiftration, and made Lord-regifter in the room of Sir James Murray of Philiphaugh. He propofed, in concert with the Marquis of Tweedale and fome others in Scotland, that the Queen fhould impower her Commiffioner to confent to a revival of the whole fettlement made by King Charles the Firft in the year 1641. By that the King named a Privy-council, and his Mi nifters of State in Parliament, had a power to accept of, or to except to the nomination, without being bound to give the reafon for excepting to it. In the intervals of Parliament, the King was to give all employments with the content of the Privycouncil. This was the main point of that fettlement, which was looked upon, by the wifeft men of that time, as a full fecurity to all their laws and liberties. It did, indeed, diveft the Crown of a great part of the prerogative, and it brought the Parliament into fome equality with the Crown. The Queen, upon the reprefentation made to her by her Minifters, offered this as a limitation upon the Succeffor, in cafe they would fettle the fucceffion, as England had done; and, for doing this, the Marquis of Tweedale was named her Commiffioner. The Queen alfo fignified her pleasure very pofitively, to all who were employed by her, that the expected they should concur in fettling the fucceffion, as they defired the continuance of her favour. Both the Duke of Marlborough and the Lord-treafurer Godolphin expreffed themfelves very fully and pofitively to the fame purpose; yet it was artfully furmifed and spread about by the Jacobites, and too easily believed by jealous and cautious people, that the Court was not fincere in this matter, or, at beft, indifferent as to the fuccefs. Some went further, and faid, that thofe that were in a particular confidence at Court fecretly oppofed it, and entered into a management or defign to, obstruct it. There did not appear any good ground for this fuggeftion; yet there was mater enough for jealousy to work on, and this was carefully improved by the Jacobites, in order to defeat the defign; and they were put in hopes, in cafe of a rupture, to have a confiderable force fent to fupport them from Dunkirk.

The Duke of Queensberry being now Jaid aide, his collegue, the Earl of Cromarty, remained fole Secretary of State. The Earl of Leven was inftalled Governor of Edinburgh-cattle in the room of the Earl of March, and the Earl of Glasgow removed from the place of Treafurer-deputy, but his place was not filled.

On the 6th of July, the Parliament being

met, the Queen's commiffion, appointing the Marquis of Tweedale to reprefent her Royal perfon, was recorded; and, five days after, the Lord-commiffioner presented to them the following letter from her Majefty:

ANNE R.

My Lords and Gentlemen, NOTHING has troubled us more, fince our acceffion to the crown of these realms, than the unfettled state of affairs in that our ancient kingdom.

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We hoped, that the foundations of differences and animofities, that, to our great regret, we difcovered among you, did not lie fo deep, but that, by the methods we have proceeded in, they might have been removed.

'But, instead of fuccefs in our endeavours, the rent is become wider. Nay, divifions have proceeded to fuch a height, as to prove matter of encouragement to our enemies beyond fea to employ their emiffaries among you in order to debauch our good fubjects from their allegiance, and to render that our ancient kingdom a scene of blood and diforder, merely, as they fpeak, to make you ferve as a diverfion.

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But we are willing to hope, that none of our fubjects, but fuch as were obnoxious to the laws for their crimes, or men of low and defperate fortunes, or that are otherwife inconfiderable, have given ear to fuch pernicious contrivances. And we have no reafon to doubt of the affurances given us by thofe intrufted with our authority, that they will ufe their utmost endeavours to convince our people of the advantage and neceffity of the prefent measures. For we have always been inclined to believe that the late miftakes did not proceed from any want of duty and refpect to us, but only from different opinions as to meatures of government.

This being the cafe, we are refolved, for the full contentment and fatisfaction of our people, to grant whatever can, in reason, be demanded for rectifying of abufes, and quieting the minds of all our good fubjects.

In order to this, we have named the Marquis of Tweedale our High-commife fioner, he being a perfon, of whofe capacity and probity, or qualifications and difpofitions to ferve us and the country, neither we nor you can have any doubt. And we have fully impowered him to give you unqueftionable proofs of our refolution to maintain the Government, both in Church and State, as by law established, in that our kingdom; and to confent to fuch laws as fhall be found C1

wanting

wanting for the further fecurity of both, and preventing all incroachments on the fame for the future.

'Thus having done our part, we are perfuaded, that you will not fail to do yours, but will lay hold on this opportunity to fhew the world the fincerity of the profeffions made to us, and that it was the true love of your country, and the fenfe of your duty to it; and therefore not the want of duty to us (for we shall always reckon these two inconfiftent) that was at the bottom of the late mifunderstandings.

The main thing, that we recommend to you, and which we recommend to you with all the earnestnefs we are capable of, is the fettling of the fucceffion in the Proteftant line, as that which is abfolutely neceffary, for your own peace and happiness, as well as our quiet and fecurity in all our dominions, and for the reputation of our affairs abroad; and confequently for the ftrengthening the Proteftant intereft every-where.

This has been our fixed judgment and refolution ever fince we came to the Crown ; and, though hitherto opportunities have not anfwered our intentions, matters are now come to that pafs, by the undoubted evidence of the deligns of our enemies, that a longer delay of fettling the fucceflion in the Proteftant line may have 'very dangerous confequences; and a difappointment of it would infallibly make that our kingdom the feat of war, and expose it to devaftation and

ruin.

As to the terms and conditions of Government, with regard to the fucceffor, we have impowered our Commiffioner to give the royal affent to whatever can, in reafon, be demanded, and is in our power to grant for fecuring the fovereignty and liberties of that our ancient kingdom.

We are now in a war, which makes it neceflary to provide for the defence of the kingdom; the time of the funds, that were lately given for the maintenance of the land forces, being expired, and the faid funds exhaufted, provifion ought alfo to be made for upplying the magazines with arms and ammunition, and repairing the forts and castles, and for the charge of the frigates, that prove fo useful for guarding the coafts.

We earnestly recommend to you what ever may contribute to the advancement of true piety, and difcouragement of vice and immorality; and we doubt not, but you will take care to encourage trade, and improve the product and manufactories of the aration; in all which, and every thing elfe, that can be for the good and happiness of our peo de, you thall have our hearty and ready

concurrence. We shall only add, that unanimity and moderation in all your proceed. ings will be of great ufe for bringing to a happy iffue the important affairs that we have laid before you, and will be also most acceptable to us. So we bid you heartily farewel.'

Given at our Court at Windfor-castle, the 25th day of June 1704, and of our reign the third year.

The Queen's letter was feconded by the fpeeches of the High-commiffioner and Lordchancellor, all tending to the settling the fucceffion, which was the first debate. The Earl of Cromarty made also a strange speech (which was printed) running into a diftinction among divines, between the revealed and fecret will of God, fhewing, that no fuch diftinction could be applied to the Queen; fhe had but one will, and that was revealed: But notwithstanding this fpeech, it was ftill fufpected, that at least her Minifters had a fecret will in this cafe. A great party was now wrought on, when they underfood that the fettlement of 1641 was to be offered them. For the wifeft patriots in that kingdom had always magnified that constitution, as the best contrived fcheme that could be defired: So they went in, with great zeal, to the accepting of it. But thofe who, in the former feflion, had rejected all the motions of treating with England with fome fcorn, and had made this their conftant topic, that they muft, in the first place, fecure their own conftitution at home, and then they might trust the reft to time, and to fuch accidents as time might bring forth; now when they faw that every thing that could be defired was offered with relation to their own Government, they (being refolved to oppofe any declaration of the fucceffion, what terms foever might be granted to obtain it) turned the argument wholly another way, to fhew the neceffity of a previous treaty with England. They were upon that told, that the Queen was ready to grant them every thing that was reasonable, with relation to their own conftitution, yet, without the concurrence of the Parliament of England, the could grant nothing in which England was concerned; for, they were for demanding a thare of the plantation-trade, and that their fhips might be comprehended within the act of navigation.

Pursuant to the scheme of a treaty before the fucceflion was fixed, the Duke of Hamilton prefented a refolve, That this Parliament would not proceed to name a fucceffor to the Crown, until the Scots had a pre

to the nomination of a fucceffor to the Crown.' This joint refolve being put to the vote, it was carried by a majority of fifty-five voices. Of thefe, about thirty were in immediate dependence on the Court, and were deter.nined according to directions given them. However, they went no farther in this vote for a treaty with England; for they could not agree among themselves who fhould be the Commiflioners, and those, who oppofed the declaring the fucceffion, were concerned for no more, when that affair was laid afide. It was therefore poftponed, as a matter about which they took no farther care.

vious treaty with England, in relation to commerce and other concerns.'. The Courtiers, not expecting the Cavaliers would have begun to early to oppofe the fucceffion, were not a little furprised and perplexed at this refolve, and all they could do for the prefent was to procure a vote, that it fhould lie on the table till the next meeting four days after. The Duke of Hamilton having then moved the refuming of the confideration of his refolve, it occationed a warm debate, in which Fletcher of Salton, in a particular manner represented the hardships and miferies which the Scots had fuffered fince the union of the two Crowns under one Sovereign, and the impoffibility of bettering their The Cavaliers were extremely clated by condition, unlefs they took care to prevent this victory; and the Duke of Athol, Lond any defign that tended to continue the fame. Privy-feal, and one of their leaders, moved, Upon this, the Earl of Rothes prefented ano-That, her Majetty having been pleased to ther refolve, That this Parliament would immedia ely proceed to make fuch limitations and conditions of Government as might be judged proper for rectifying the conftitution, and to vindicate and fecure the fovereignty and independency of the nation; and then the Parliament would take into confideration the other refolve offered by the Duke of Hamilton for a treaty, previous to the nomination of a fucceffor to the Crown' This occafioned a new debate, wherein the Court party earnestly urged the fettling the fucceffion, before the Houfe proceeded to any other butiness; and, on the other hand, the Cavaliers made very sharp reflections on the proceedings of the Parliament of England, with relation to the plot, which had great influence on many Members wholly unacquainted with that affair. However, the Court-party, thinking they were trong enough to give the Earl of Rothes's motion the preference to the Duke of Hamilton's refolve, infifted to have the queftion ftated, Which of the two fhould come first under the confideration of the Houfe? Upon which, great heats arofe, and Sir James Falconer of Phefdo spoke to this purpofe, That he was very glad to fee fuch an emulation in the Houfe, upon accour: of the nation's intereft and fecurity: That he thought both the refolves under their confideration fo good and neceflary, that it was pity they fhould elath with one another; he therefore moved, that it be refolved, that this Parliament will not proceed to the nomination of a fucceffor, until there was a previous treaty with England, for regulating the commerce and other affairs with that nation: And that this Parliament will proceed to make fuch limitations and conditions of Government as may fecure the religion, liberty, and independency of this nation, before they proceed

fign fy by her Commiffioner, that the examination of the plot fhould be laid before the Parliament, his Grace would be pleased to write to her Majefty, to fend down the perfons, who were witnesses, and all the papers relating to that plot, as foon as poffible, that the affair might be thoroughly examined: And thofe, who were unjustly accufed, might be vindicated, and the guilty punished. Whereupon the Lord-chancellor declared by order of the Lord-commiffioner, that his Grace had written, and would write again to the Queen, for all the evidences relating to the plot. Two days after, the Duke of Hamilton moved, That the Parlament would proceed to make fuch limitations and conditions of Government, for the rectifying of the conftitution, as might fecure the religion, liberty, and independency of this nation; and that they would name Commiflioners to treat with England, for regulating the commerce, and other concerns with that nation, previous to all other buinefs, except an act for two months cefs, first of all to be granted for the present fubfiftence of her Majefty s forces. Upon this, the Earl of Marchmont made a long speech, importing, That, fince the Houfe had refolved not to fall immediately upon fettling the fucceffion, it was reasonable, that an act fhould be made to exclude all Popith fuccetfors. To which the Duke of Hamilton anfivered, That he should be one of the first who fhould draw his fword against a Popifh fucceffor, though he did not think this a proper time, either to fettle the fuccetion, or to confider of the Earl of Marchmont's propofals. After fome debate, the confideration of the Duke of Hamilton's motion was adjourned for two days, when it was moved, That the act prefented by the Lord-justice Clerk, and declared by him to be for 14

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months

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months fupply, payable in two years, might likewife be confidered. After a debate, it was put to the vote, whether to give a cels for two, or fourteen months? And it was carried by fixteen voices, that it fhould be for two months only. The act of fupply was, four days after, taken again into confideration; but there was tacked to it a great part of the bill for the fecurity of the nation, which (as hath been related) passed the former feffion of Parliament, but was refufed by the throne. After fome debate, the following refolve was offered by the Lord Rofs, That the Parliament will proceed to grant two months fupply for fubfifting her Majefty's forces; and, as foon as the act of fecurity, now read, has got the royal affent, will give four months more. And then a fecond refolve was prefented by the Earl of Roxburgh, That there be a firft reading marked on the act of fecurity; and, that both this act, and that for the fupply, lie, without being further proceeded on, until her Majefty's Commiflioner receive inftructions as to the act of fecurity, it being then free for the Parliament to proceed to the acts jointly or feparately, as they fhould think fit. After reafoning on both these refolves, the queftion was ftated, Whether to approve my Lord Rofs's or the Earl of Roxburgh's? It was carried for the Lord Rofs's; and, the act of fecurity being read, a first reading was ordered to be marked thereon. Thefe things were carried with great heat and vehemence; for (as was before observed) a national humour of being independent on England fermented fo strongly among all forts of people without doors, that those who went not into every hot motion that was made were confidered as the betrayers of their country: And they were fo expofed to a popular fury, that fome of those who fudied to stop the torrent were thought to be in danger of their lives. The Prefbyterians were fo over awed with thefe proceedings, that though they withed well to the fettling the fucceffion, they durft not openly declare it. The Dukes of Hamilton and Athol led all thefe violent in tions, and the whole nation was ftrangely inflamed.

The Minifters were in great perplexity how to act, with regard to the fupply-hill, and the tack that was joined to it. If it was denied, the army could be no longer kept up; they had run fo far in arrear, that contidering the poverty of the country, that could not be curied on much Enger. Some fuggefted, that it should be propofed to the English Minhtry to advance th fub.iftence mo sy, till batter meatures could be taken; nt, bone of the Scotch Minister, would a

ta tikat. An ariny is perkonéd to be

long to thofe who pay it; and therefore an army, paid from England, would be called an English army. Nor was it poffible to manage fuch a thing fecretly. It was well known that there was no money in the Scotch Treafury to pay them; fo that, if money were once brought into the Treafury, how fecretly foever, all men must conclude, that it came from England. And mens minds were then fo full of the conceit of independency, that, if a fufpicion arose of any fuch practice, probably it would have occafioned tumults. Even the army itself was fo inflamed with this temper, that it was believed that neither Officers nor foldiers would have taken their pay, if they had believed it came from England. The affair was therefore reduced to this dilemma, that either the army must be disbanded, or the bill must pafs. It is true, the army was a very small one, not above three thousand; but it was fo ordered, that it was double or treble officered: So that it could have been eafily increafed to a much greater number, if there had been occafion for it. The Officers had ferved long, and were men of a good character. Since therefore there were alarms of an invafion, which both fides looked for, and the intelligence which the Court had from France affured them it was intended; the Ministers thought the inconveniencies arifing from the tack might be remedied afterwards; but that the breaking of the army was fuch a pernicious thing, and might end fo fatally, that it was not to be ventured on: Therefore, by common confent, a letter was wrote to the Queen, which was figned by all the Minif ters in Scotland, in which they laid the whole matter before her, and every thing stated and balanced; concluding with their humble advice to pafs the bill. This was very heavy on the Lord Godolphin, on whofe counfel the Queen chiefly relied. He Law, that the ill confequences of breaking the army, and laying that kingdom open to an invasion, would fall on him, if he fhould, in contradiction to the advice given by the Miniftry of Scotland, have advised the Queen to rejet the bill. This was under confideration in the end of July, when affairs abroad were in a great uncertainty; for, though the victery at Schellenburg was a good step, yet the great decition was not then come. He thought therefore, confidering the state of affairs, and the accidents which might happen, that it was the fafett thing for the Queen to comply with the advice of thofe to whom the trufted the affairs of that kingdom. The Queen fent orders to pass the bill, which being done, the Commiffioner made the following speech on the occation:

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