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"countable to the parliament." The court offered, on the 16th of Auguft, a claufe, giving the power of chufing officers of ftate (which by this act was folely lodged in parliament) to the king, with consent of parliament, which was carried in the negative; as was alfo a motion, that there fhould be three prefidents of the feffion, to prefide by turns each two months. On the 22d, the whole act was approved, and the next day an act for a triennial parliament was read in these terms: "Our fovereign lady, being will❝ing to restore to her ancient kingdom their ancient custom "and right to frequency of parliaments, does therefore, "with the advice and confent of parliament, statute and "ordain, That there fhall be a new parliament called and "indicted, to meet, fit, and act; and that once every third 66 year after the first of Auguft in the year. And her ma"jefty does hereby declare, with confent aforefaid, that "this prefent parliament fhall not continue and endure any "longer than the firft of Auguft aforefaid; and this, with"out prejudice of her majefty and fucceffors royal preroga❝tive and power to diffolve parliaments fooner than the faid "term of three years, as fhall be thought fit. And fur"ther, with the advice aforefaid, ftatutes and ordains,

that, from and after the first day of Auguft aforefaid, no "farmer or collector of her majefty's cuftoms or excife, or "any other branch of her majetty's revenue, fhall be capa

ble to be a member of parliament, nor to fit and vote "therein after the date aforefaid; and it shall be a fufficient "objection against any member, that he is concerned, di"rectly or indirectly, as a farmer or collector, in any part "of her majefty's revenue, to remove him from his place and vote in parliament.' The courtiers faw it was to no purpose to oppofe this act; and, being afraid of a new parliament, they only propofed, that this act should not take place during her majefty's life. The cavaliers, on the other hand, infifted, that it fhould commence immediately; but many members, who doubted their own interest to be elected anew, propofed a medium betwixt the two, that it should take place three years after the date, that is, the first of Auguft 17c8; with which, as the leaft of the two evils, the courtiers joined and carried it, and fo the whole act was approved. Another act ordaining, that the Scots ambaffadors, reprefenting Scotland, fhould be prefent, when the fovereign had occafion to treat with foreign princes and states, and accountable to the parliament of Scotland, was alfo approved: but feveral other overtures were made,

that

that never were ingroffed into acts. Nor did the abovementioned act obtain the royal affent, though the court promifed it often to many of the members, and thereby kept them in good humour, while the act for a treaty was framing, they thinking themselves in a tolerable good state by thofe acts of limitation, and never imagining, that the treaty would terminate as it did. But Fletcher of Salton, having, in a long discourse, set forth the deplorable state to which the Scots nation was reduced by being fubjected to English counfels and measures, while the fame person was king of both kingdoms, concluded, that those acts were not fufficient, and therefore prefented a scheme of limitations, which he proposed to be ingroffed into an act, and taken into confideration; "I. That elections fhould be made at "every Michaelmas head-court for a new parliament every "year, to fit the 1ft of November next following, and "adjourn themselves from time to time till next Michaelmas. "That they chufe their own prefident, and that every thing "be determined by balloting in place of voting. II. That "fo many leffer barons fhould be added to the parliament, "as there had been noblemen created fince the last augmen"tation of the number of barons: and that in all time "coming, for every nobleman that should be created, there "fhould be a baron added to the parliament. III. That no "man fhould have a vote in parliament, but a nobleman, " or elected membet. IV. That the king fhould give the "royal affent to all the laws offered by the eftates; and "that the prefident of the parliament be impowered by his "majefty to give the royal affent in his abfence, and have "ten pounds fterling a day falary. V. That a commitee "of thirty-one members, of which nine be a quorum, "chofen, out of their number by every parliament under "the king, fhould have the administration of the govern"ment, be his council, and accountable to the parliament, "with power, on extraordinary occafions, to call the par"liament together: and that, in the faid council, all things "be determined by balloting inftead of voting. VI. That "the king, without confent of the parliament, fhould not "have the power of making peace and war, or of con"cluding any treaty with any other ftate or potentate. "VII. That all places and offices, both civil and military, " and all penfions formerly conferred by the crown, should "ever after be given by parliament. VIII. That no regi"ment or company of horfe, foot, or dragoons, be kept "on foot in peace or war, but by confent of parliament.

" IX.

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« IX. That all the fencible men in the nation, betwixt "fixty and fixteen, be armed with bayonets and firelocks,

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all of a caliver; and continue always provided in fuch arms and ammunition fuitable. X. That no general in"demnity, or pardon for any tranfgreffion, fhould be valid, "without confent of parliament. XI. That the fifteen "fenators of the college of juftice fhould be incapable of being members of parliament, or of any other office or penfion, but the falary, that belongs to their place, to "be increased as the parliament should think fit. That the "office of prefident fhould be in three of their number, to "be named by the parliament, and that there be no extra"ordinary lords: as alfo, that the lords of the juftice-court "fhould be diftinct from those of the feffion, and under the "fame reftrictions. XII. That, if any king fhould break "in upon any of these conditions of government, he should "by the eftates, be declared to have forfeited the crown." Fletcher enlarged upon every article, endeavouring to fhew, that the firft eight were neceflary to prevent English influence over Scots affairs; the ninth, to inable the nation to defend its rights and liberties; and the tenth, to deter minifters of ftate from prefuming to give the king bad advice, and doing things contrary to law (a). The eleventh article he faid was neceflary to preferve the judicatories from corrupt judges: "And if the twelfth, concluded he, be not "approved, fure, I am, this houfe muft own, the last king "James was barbarously and unjustly treated." However, this fcheme of limitations was never framed into an act.

Another material point under the confideration of this parliament, was the plot. They had, in their former feffion, addreffed the queen to tranfmit to them fuch perfons, as were evidences in and fuch papers as related to, that affair; and, in the beginning of this feflion, the dukes of Hamilton and Athol were very defirous to profecute it to the utmoft. But the cavaliers were not fo forward; first, because they were under a kind of engagement to the earl of Mar and Sir James Murray of Philiphaugh, that, if the duke of Queensberry's friends oppofed the marquis of Tweedale and his party, as in the former feffion, they fhould not infift

infift on that affair; which would irritate the duke's friends
to fuch a degree, that many of them would not concur in
oppofing the act for a treaty. In the next place, the cava-
liers confidered, that the edge of many people's indignation
against the plot was blunted, by its lying fo long dormant.
And being, at the fame time, apprehenfive of being baffled,
if they attemped any thing against the duke of Queensberry,
they refolved to stand neuter, at least till they faw whether
the dukes of Hamilton and Athol could prove any thing.
It being moved, on the 28th of Auguft, that the house
might be acquainted what anfwer the queen had returned to
the addrefs, the lord-commiffioner declared, That he had
received a letter from her majefty relating to that matter,
and would fignify her pleasure therein to the parliament in
a few days. Accordingly, on the 11th of September, the.
lord-chancellor acquainted the houfe, that the rest of the
papers relating to the late plot were now tranfmitted; and
that they fhould be given to the clerk-regifter, to be perufed
by the members of the house. But, when the house took
these papers into confideration, it was urged, that they were
only copies, and that the principal evidences, fuch as Sir
John Maclean, Mr. Keith, and others remained in London;
and that the parliament could not proceed any further in
that affair, unless the original papers, and the persons who
were evidences, were at their command. However, the
dukes of Hamilton and Athol, and Bailie of Jerviswood,
made fpeeches in their own vindication, allerting, that
the accufation against them in the difcovery of the pre-
tended plot was falfe and calumnious. The duke of Athol,
in particular, made a long narrative of the beginning, pro-
grefs and conclufion of the whole affair; accuted the duke
of Queensberry of endeavouring, to give the queen tinter
impreffions of her good fubjects; produced copies of letters
fent from him to her majefty, affiring, that all the ca-
valiers had an hand in the plot, or, at leaft, were ene-
mies to her; and that, the better to carry on his defign,
he had employed and held correfpondence with Frazer or
lord Lovat. But, notwithstanding all this great clamour,
no further notice was taken of this affair.

The bufinefs, which the court had principally at heart,
was the act for a treaty with England. The earl of Mar
had, in the beginning of this feffion, prefented an act for
with commiffioners
appointing commiflioners to treat
from England of an union; which lay upon the table,
till most of the overtures in relation to trade and the
limita-

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1705. limitations were difcuffed; but thefe being over, the other was reaffumed. This act was much of the fame nature and import with the act paffed in England, both impowering commiffioners to meet and treat of an union of the two kingdoms of England and Scotland, and reftraining them from treating of any alterations of the church government, as by law eftablished, in the refpective realms. The only material difference was, that the English act not only gave the queen the nomination of the commiffioners on the part of England, but required also that the queen fhould name and appoint the Scotch commiffioners; whereas, in the draught presented by the earl of Mar, there was a blank for the power of the nomination. This gave occafion to Fletcher of Salton, in a pathetic fpeech, on the 28th of Auguft, to inveigh against the haughty and imperious proceedings of the English in this affair; exhorting the houfe to refent this treatment, as became Scotfmen, for which purpose he offered an address to be prefented to her majefty, importing, "That the act paffed

in the parliament of England, containing a propofal for 66 a treaty of union of the two kingdoms, was made in "fuch injurious terms to the honour and interest of the "Scots nation, that they, who reprefented that kingdom "in parliament, could no ways comply with it; which they had the greater regret to refuse, because a treaty of << union had, in this feffion, been recommended to them by

66

her majefty. But that they fhould be always ready to "comply with any fuch propofal from the parliament of "England, whenever it should be made in terms no ways "difhonourable or difadvantageous to the Scots nation." The house, rejecting this motion, called for the earl of Mar's draught, and for the English act, both which were read. The cavaliers and country party obferving, that there was a great inclination in the houfe to fet a treaty on foot, thought it improper to oppofe it any longer in general terms; and therefore refolved to endeavour to clog the commiffion with fuch reftrictions and provifions, as fhould retard the treaty's taking effect. In order thereto, the duke of Hamilton prefented a clause to be added to the act, importing, "That the union to be treated on should no ways derogate from any fundamental laws, ancient "privileges, offices, rights, liberties and dignities of the "Scots nation." This the courtiers vigorously oppofed, as inconfiftent with the intended intire or incorporating union, of which the abolishing the Scots parliament was a

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