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1704.

July 19.

"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 par"liament would proceed to make fuch limitations and con"ditions of government, for the rectifying of the conftitu"tion, as might fecure the religion, liberty, and indepen"dency of this nation; and that they would name com"miffioners to treat with England, for regulating the com66 merce, and other concerns with that nation, previous to "all other bufinefs, except an act for two months cefs, first "of all to be granted for the prefent fubfiftence of her "majefty's forces." Upon this, the earl of Marchmont made a long speech, importing, "That, fince the house "had refolved not to fall immediately upon fettling the

fucceffion, it was reafonable, that an act fhould be made "to exclude all popifh fucceffors." To which the duke of Hamilton answered, "That he fhould be one of the first "who fhould draw his fword against a popish fucceffor, "though he did not think this a proper time, either to set"tle the fucceffion, or to confider of the earl of March"mont's propofal." After fome debate, the confideration of the duke of Hamilton's motion was adjourned for two July 21. days, when it was moved, That the act prefented by the lord-juftice clerk, and declared by him to be for fourteen months fupply, payable in two years, might likewife be confidered. After a debate, it was put to the vote, Whether to give a cefs for two, or for fourteen months? and, it was carried by fixteen voices, that it fhould be for two July 25. 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) paffed the former feffion of parliament, • See but was refused by the throne. After fome debate, the vol. III. following refolve was offered by the lord Ross, "That the

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"parliament will proceed to grant two months fupply for "fubfting her majefty's forces; and, as foon as the act of "fecurity, now read, has got the royal aflent, will give "four months more." And then a fecond refolve was prefented by the earl of Roxburg, "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 fur"ther proceeded on, until her majefty's commiffioner re"ceive inftructions as to the act of fecurity, it being then

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"free for the parliament to proceed to the acts jointly or 1704. feparately, as they fhould think fit." After reafoning on both these refolves, the question was stated, 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. These things were carried with great heat and vehemence ; for (as was before obferved) a national humour of being independent on England, fermented so 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 exposed to a popular fury, that fome of those who studied to ftop the torrent, were thought to be in danger of their lives. The prefbyterians were fo overawed with thefe proceedings, that though they wifhed well to the fettling the fucceffion, they durft not openly declare it. The dukes of Hamilton and Athol led all these violent motions, and the whole nation was strangely inflamed.

The minifters were in great perplexity how to act, with regard to the fupply-bill, 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, confidering the poverty of the country, that could not be carried on much longer. Some fuggefted, that it fhould be propofed to the English miniftry to advance the fubfiftence money, till better meafures could be taken; but none of the Scotch minifters would agree to that. An army is reckoned to belong to those 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 treasury to pay them; fo that, if money were once brought into the treatury 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 arofe 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 mult be difbanded, or the bill muft pafs. It is true, the army was a very small one, not above three thoufand; but it was fo ordered, that it was double or treble officered: 10 that it could have been easily increased to a much greater number,

.1704. 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 minifters 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 ministers 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 faw, that the ill confequences of breaking the army, and laying that kingdom open to an invalion, would fall on him, if he fhould, in contradiction to the advice given by the miniftry of Scotland, have advifed the queen to reject the bill. This was under confideration in the end of July, when affairs abroad were in a great uncertainty; for though the victory at Schellenburg was a good ftep, yet the great decifion was not then come. He thought therefore, confidering the ftate of affairs, and the accidents which might happen, that it was the fafeft thing for the queen to comply with the advice of those to whom the trufted the affairs of that kingdom. The queen fent orders to pafs the bill, which being done, the commiffioner made the following fpeech on the occafion.

Aug. 5.

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My lords and gentlemen,

AT your fitting down, her majefty, in her gracious letter, recommended to you two things, which the "thought most neceffary for your own quiet and fecurity, as "well as for that of her government; the fettling of the fucceffion in the proteftant line, and the providing for the fub"fiftence of the forces, the funds laft given for that end

being then exhaufted. The first of thefe you have not "thought fit for your intereft to do at this time. I heartily "with you may meet with an opportunity for it more for .. your advantage at another. The other all of you feemed

moft ready and willing to go into, as witnefs the feveral "motions and refolves made thereanent; but, withal, "fhewed frong inclinations for an act of fecurity, as abfolutely neceflary. I told you then, as I had done at first, that I had been fully impowered and infructed, not only

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"as to that, but many other things for your good; but, 1704. "upon the alteration of circumitances, had not now the "libcrt to make ufe of those powers even as to that, till I

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had acquainted her majefty, and knew her mind, which "I would do, and ute my utmost intereft to procure it favout.ble; which was the true reafon of your long ad“jou nent, and not what was inimuated by fome, who ought to have known me better, the character I have in "the world being, as I hope, above to mean a reflection. "And now, my lords and gentlemen, I can tell you, "th..., from her majefly's innate goodness and gracious "difpofition towards you, it hath been more eafy for me, " and fome other of her fervants, to prevail with her, than "perhaps was by others expected; fo that you have an act "of fecurity fufficient for the ends propofed. And it is "hoped, at the fame time, you will perfect that of supply, "which you yourfelves feem convinced to be abfolutely

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neceflary at this time, and without which neither the "forces can be kept on foot, nor any frigate maintained "for guarding our coafts and fecuring our trade; both "which now lying before you, I hope you will go pre"fently about, that, when finifhed, they may have the "royal affent, which I am ready to give. And therefore "you may have time to proceed to other bufinefs relating to trade, or your other concerns, wherein I fhall be "willing to comply with your defires, fo they be within "the bounds of my inftructions."

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Thus this act of fecurity was paffed after the battle of Blenheim was over, but feveral days before the news of it reached England. When the act paffed, copies of it were fent to England, where it was foon printed by those who were uneafy at the lord Godolphin's holding the white staff, and refolved to make ufe of this against him; for the whole blame of paffing it was caft upon him (a). It was not poffible

(a) This act was in fubftance much the fame with that to which the duke of Queensberry had refufed the royal aflent. By the act it was provided, that, if the queen fhould die without iffue, a parliament fhould prefently meet, and they were to declare the fucceffor to the crown, who should not be the fame person that was poffeffed

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of the crown of England, unless
before that time there fhould be
a fettlement made in parlia-
ment, of the rights and liberties
of the nation, independent on
English councils. By another
claufe in the act, it was made
lawful to arm the fubjects, and
to train them and put them in
a pofture of defence. This was
chiefly preffed, in behalf of the

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1704. fible to prove, that he had advised the queen to it, and therefore fome took it by another handle, and refolved to urge it against him, that he had not perfuaded the queen to reject it, though that feemed a great stretch; for, he being a ftranger to Scotland, it might have been liable to more objection, if he had prefumed to advife the queen to refuse a bill pafled in the parliament of that kingdom, which all the miniftry there advised her to pafs. Severe cenfures were paffed upon this act. It was faid, that the two kingdoms were now divided by law, and that the Scots were putting themselves in a pofture to defend it; and all saw by whose advices this was done. One thing, which contributed to keep up an ill humour in the parliament of Scotland, was more juftly imputed to him. The queen had promifed to fend down to them all the examinations relating to the plot. If thefe had been fent down, probably in the first heat, the matter might have been carried far against the duke of Queensberry. But he, who ftayed all the while in London, got it to be reprefented to the queen, that the fending down. thefe examinations, with the perfons concerned in them, would run the feffion into fo much heat, and into fuch a length, that it would divert them quite from confidering the fucceffion, and it might produce a tragical fcene. Upon thefe fuggeftions, the queen altered her refolution of fending them down; and though repeated applications were made to her, both by the parliament and her minifters, to have them fent, yet no answer was made to thefe, nor was so much as an excufe made for not fending them. The duke of Queenfberry, having gained this point, got all his friends to join with the party that oppofed the new miniftry. This both defeated all their projects, and foftened the fpirits of those who were fo fet against him, that in their firft fury no stop could have been put to their proceedings. But now the party that had defigned to ruin him, was fo much wrought on by the affiftance that his friends gave them in this feffion, that they refolved to preferve him.

Aug. 27.

The parliament having granted a fix months cefs for the pay of the army, they were entering upon debates about the plot and the proceedings of the English houfe, of lords in that affair, as an undue intermeddling with their concerns, and an incroachment upon the fovereignty and independency of their nation, when the high-commiffioner told them,

best affected in the kingdom,
who were not armed; for the
Highlanders, who were the
wort affected, were well arm-

that

ed; fo to balance that, it was moved, that leave fhould be given to arm the r

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