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1704

« boast of; and these are generally discontented. And as ¢ to the common people, they are very numerous and

very < stout, but very poor.

And who is the man that can an« swer what such a multitude, so armed, so disciplined, “ with such leaders, may do, especially fince opportunities “ do so much alter men from themselves? And there will

never be wanting all the promises and all the assistance « France can give.

“ Besides this, my lords, I take it to be of the last danger, i to England, that there should be the least Thadow or pre“ tence of a necessity to keep up regular and standing troops ç in this kingdom in time of peace; for I shall always be “ of the same opinion, that what has been, may be. In “ short, my lords, I think every man wishes these things “ had not been ; and in my opinion, there is no man, but “ must say, they should not have been. I'Thall end with an " advice of my lord Bacon's. Let men, says he, beware " how they neglect or suffer matter of troubles to be pre“ pared; for no man can forbid the sparks that may set all

on fire,

The lords were variously affected with this speech; which though generally approved, as to that part of it, which related to the Scots affairs, yet was it no less unwelcome than unexpected to see the present ministry reflected upon, ta whose counsels and management the nation owed its prosperity at home, and, in great measure, its successes abroad. And besides, some peers thought it derogatory to the duke of Marlborough, that prince Eugene should be named before him in the mention of an action, in which that prince acted but a second part. However, this speech was seconded by the earls of Rochester and Nottingham; the former particuJarly lamenting the ill confequences of the exportation of the coin, and insiting on the necessity of putting a stop to that evil. The lord-treafurer, who took this to be an oblique reflection on himself, faid, " That, though it would not be -“6 difficult to demonstraté, that there never was so great a “ plenty of money in England, as at present, yet there “ was á sure way to increase that plenty, and prevent the

exportation of coin, and that was by clapping up a peace “ with France. But then, added he, 'I leave it to the con"sideration of any

wire

inan,' whether we shall not thereby « be shortly in danger of losing not only all our coin, but " all our land to boot."

The Scots buline's being the most material part of the Jord Haversham's speech, the 29th of November was ap;

pointed

pointed to consider of it, upon which day the queen went to 1704. the house of peers, both to hear the debates about that important point, and to moderate by her presence any heats, which might arise (a). This, however, had not all the defired effect ; for the earl of Nottingham, having reflected on king William with relation to the treaty of partition, the lord Somers rose up and said, “ That it was unbecoming a “ member of that house to fully the memory of so great K a prince; and he doubted not, but a man, who could re“ Alect upon king William before his successor, would do the “ fame by her present majesty, when he was gone.” As to the treaty mentioned by the earl of Nottingham, he added, “ That there was a noble lord there present (mean“ing the earl of Jersey) who was the principal agent and “ plenipotentiary in that treaty, and whose duty, as well « as interest, it was to vindicate both the memory of his “ late moft gracious master and his own conduct.” In the mean time the lord Mohun consulted with several peers, whether they should move to send the earl of Nottingham to the tower. But this being the first time the queen

did the house the honour of coming to hear their debates, they thought fit to decline that motion out of respect to her majesty. As to the main business of the day, the earls of Nottingham and Rochester urged the ill consequences of the act of security passed in Scotland? And it being answered, that the same was granted, to prevent the danger of a rebellion in that kingdom, it was replied, " That, if the “Scots had rebelled, they would have rebelled without

arms; whereas, if they had a mind to rebel now, this " act had legally supplied them with necessaries to support " their rebellion.” The more moderate represented, That, like skilful physicians and wise legislators, they ought rather to apply present remedies to a known evil, than to lose time in enquiring, whether or no it might have been prevented. It was after much declaiming moved, that the lords might pass some votes upon the Scots act. The

tories,

(a) The queen began this the came, was, when the dewinter to come to the house of bate was taken up concerning peers upon great occasions to the Scots act : the knew the hear their debates, which, as it lord treasurer was aimed at by was of good use for her better it, and the diverted the storm information, so it was very ser- by her endeavours, as well as viceable in bringing the house the restrained it by her presence, into better order. The firft time Burnet. Vol. II. 405.

1704. tories, who preffed this, intended to add a severe vote

againćt all those, wbo had advised it; and it was visible at
whom this was aimed. The whigs diverted this : They
faid, that the putting a vote againłt an act passed in Scot-
Jand looked like claiming fome superiority over them, which
seemed very improper at that time; since that kingdom was
poffeffed with a national jealousy on this head, which would
be much increased by such a proceeding. More moderate
methods were therefore proposed, in order to the making
up of a breach in this idand, with which it seemed to be
threatned ; and, at last, the grand committee of the peers
came to these resolutions, “ That the best method to pre-
$ vent the inconveniences, which might happen by the late

" acts paffed in Scotland, was by making such laws here *Thiswas " for that purpose: That * the queen be enabled by act of suggested « parliament, on the part of England, to name commilbythe Ld. lioners to treat about an union with Scotland, provided, Wharton. “ that these powers be not put in execution, till commil

“ fioners should be named on the part of Scotland by the + This by s parliament there. That Scotsment should not enjoy lord Hal. “ the privileges of Englishmen, except such as are settled lifax.

66 in this kingdom, in Ireland, and the plantations, and such
66 as are or shall be in our land or sea-service, until an

A6 union be had, or the fucceflion settled as in England.
1 This by.“ That the bringing † of cattle from Scotland into Eng-
lord Fer- « land be prevented. That the lord admiral or com-
rers. & miffioners of the admiralty, for the time being, be
• This by
the earl of

“ required to give orders to her majesty's Ships, to take Torring

..¢¢ such fhips, as they shall find trading from Scotland to ton.

France, or to the ports of any of her majesty's enemies;

" and that cruizers be appointed for that end. And that This by the + exportation of English wool into Scotland be carelord Mo. “ fully hindered." These resolutions being approved by hun.

the house, the judges were ordered to reduce them into bills;

one of which, for an intire union, was read a third time, and
-passed the twentieth of December, and sent to the commons for
their concurrence. On the gth, the lords presented an ad-

dress to the queen, importing, “ That, having taken into
-“ consideration divers acts of parliament lately passed in
6 Scotland, and duly weighed the dangerous and pernicious
“ effects which were likely to follow from them, they
“ were preparing bilļs for preventing such great evils ; and,
« in the mean time, they thought themselves bound to re-
s present to her majesty, as their humble opinion, that it

was highly requisite for the safety of this kingdom, that

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*** speedy

& fpeedy and effectual orders be given for putting of New. 1704. a cattle into a condition of defence, for securing the port of 6 Tinmouth, and for repairing Carlisle and Hull. They “ also besought her majelty to cause the militia of the four 6 northern counties to be disciplined, and provided with arms « and ammunition; and a competent number of regular troops " to be kept upon the northern borders of England and in the « north parts of Ireland : and to direct the laws to be effec" tually put in execution againft all papists in respect to their « arms and persons, and to order a particular account of what 6 was done, in execution of her commands, to be laid before “ her majefty in counsel without delay.” To this address the queen answered, “ That the should direct a survey to be u made of the several places mentioned in this addrefs, in « order to lay it before the parliament : And what forces « could be spared from their attendance here, fhould be s quartered upon the borders, as they had been the last year; " And that the would likewise give the necessary directions * vpon the other particulars of the addrefs.”

The commons likewise, having in a grand committee confidered the ftate of the nation with regard to Scotland, Tesolved on the 13th of December, b'that a bill fhould be s brought in for the effe&ual securing the kingdom of Eng. & land from the apparent dangers, that might arise from « feveral acts lately paffed in the parliament of Scotland.”

And on the 11th of January, Mr. Conyers reported from the committee of the whole house, to whom it was referred to consider of heads for that bill, the resolutions they had come to, and which were as follow : 6 That it be one head

of the bill to enable her majesty to nominate and appoint * commiffioners for England to treat with commifsioners « from Scotland, for an union between the two kingdoms.

2. That all natives of the kingdom of Scotland, except “ such as are settled and Ihall continue inhabitants of Eng“ fand, or the dominions thereunto belonging, or at present « in the service of the army or navy, shall be reputed as * aliens, unless the succession to the crown of Scotland be « settled on the princess Sophia of Hanover and the heirs of « her body being proteftants. 3. That a more effectual # provision be made to prevent the exportation of wool from « England and Ireland into Scotland. 4. That provision * be made to prevent the importation of Scots linen into ** England or Ireland, and to permit the exportation of * the linen manufactures of Ireland in English bottoms into « 'her majesty's plantations in the Weft-Indies. 5. That

« immediate

1704

< immediate provifion be made to prevent the conveying

of ci horses, arms, and ammunition, from England into Scot“ land. 6. That all the protestant free holders of the “ fix-northern counties of England be permitted to furnish as themselves with arms." These resolutions, being read twice, all, except the last, were agreed to by the house, who appointed a committee to prepare and bring in a bill accordingly; and on the 16th of January, upon the second reading of the lords bill to the same purpose, it was ordered to lie upon the table, because the commons were resolved to adhere to a notion, which had now taken such root among them that it could not be shaken, that the lords could not put into a bill begun with them any clause, containing money-penalties, as they had done into this. This notion was indeed wholly new, for penalties upon transgressions could not be construed to be a giving of money. The lords were clearly in possession of proceeding thus ; so that the calling it in question was an attempt on the share which the lords had in the legislature. On the first of February, the commons read it a third time, and passed their own bill relating to Scotland; and the following Christmas was the day prefixed for the Scots to enact the succession, or, on failure thereof, then this act was to have effect. A great coldness appeared in many of the commons, who used to be: hot on less important occasions : they seemed not to desire, that the Scots should settle the fucceffion; and it was, visible, that some of them hoped, that the lords would have used their bill, as they had used that sent down by the lords. Many of them were less concerned in the fate of the bill, because it diverted the censure, which they had intended to fix on the lord-treasurer. But the lords were aware of this, and four days after the bill was sent up to them, passed it without any amendment. Those, who wished well to the union, were afraid, that the prohibition, and the declaring the Scots aliens after the the day prefixed, would be looked on as threatnings; and they saw cause to apprehend, that ill tempered men in Scotland would use this as a handle to divert that nation, which was already much soured, from hearkening to any motion that might tend to promote the union, or the declaring the succession. It was given out by those, that this was an indignity done their kingdom, and that they ought not 'so much as to treat with a nation, that threatned them in such a manner. The marquiss of Tweedale excused himself from serving any longer, upon which the duke of Argyle was appointed lord-high-commissioner in his room.

The

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