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1704.

"boast of; and there are generally difcontented. And as "to the common people, they are very numerous and very "ftout, but very poor. And who is the man that can an

fwer what fuch a multitude, fo armed, fo difciplined, with fuch leaders, may do, especially fince opportunities "do fo much alter men from themselves? And there will never be wanting all the promifes and all the affiftance France can give.

"Befides this, my lords, I take it to be of the laft danger, to England, that there fhould be the least shadow or pre"tence of a neceffity to keep up regular and ftanding troops

in this kingdom in time of peace; for I fhall always be of the fame opinion, that what has been, may be. In "fhort, my lords, I think every man wishes these things

had not been; and in my opinion, there is no man, but "muft fay, they should not have been. I fhall end with an "advice of my lord Bacon's. "Let men, fays he, beware "how they neglect or fuffer matter of troubles to be pre"pared; for no man can forbid the sparks that may fet all on fire."

The lords were variously affected with this fpeech; which though generally approved, as to that part of it, which related to the Scots affairs, yet was it no lefs unwelcome than unexpected to fee the prefent miniftry reflected upon, to whose counfels and management the nation owed its profperity at home, and, in great meafure, its fucceffes abroad. And befides, fome 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 fecond part. However, this fpeech was feconded by the earls of Rochester and Nottingham; the former particularly lamenting the ill confequences of the exportation of the coin, and infiiting on the neceffity of putting a ftop to that evil. The lord-treafurer, who took this to be an oblique reflection on himfelf, faid, "That, though it would not be

the

difficult to demonftrate, that there never was fo great a plenty of money in England, as at prefent, yet there "was a fure way to increafe that plenty, and prevent "exportation of coin, and that was by clapping up a peace "with France. But then, added he, I leave it to the con"fideration of any wife man, whether we shall not thereby

be fhortly in danger of lofing not only all our coin, but "all our land to boot."

The Scots bufine's being the moft material part of the lord Haverfham's fpeech, the 29th of November was ap

pointed

73

pointed to confider 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 prefence any heats, which might arife (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 faid, "That it was unbecoming a "member of that house to fully the memory of so great "a prince; and he doubted not, but a man, who could reflect upon king William before his fucceffor, would do the "fame by her prefent majefty, when she was gone." As to the treaty mentioned by the earl of Nottingham, he added, "That there was a noble lord there prefent (mean

ing the earl of Jerfey) who was the principal agent and "plenipotentiary in that treaty, and whofe duty, as well "as intereft, it was to vindicate both the memory of his "late moft gracious mafter and his own conduct." In the mean time the lord Mohun confulted with feveral peers, whether they should move to fend 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 majefty. As to the main bufinefs of the day, the earls of Nottingham and Rochefter urged the ill confequences of the act of fecurity paffed in Scotland? And it being answered, that the fame 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 fupplied them with neceffaries to fupport "their rebellion." The more moderate reprefented, That, like fkilful phyficians and wife legiflators, they ought rather to apply prefent remedies to a known evil, than to lofe 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 winter to come to the house of peers upon great occafions to hear their debates, which, as it was of good ufe for her better information, fo it was very ferviceable in bringing the houfe into better order. The firft time

fhe came, was, when the de-
bate was taken up concerning
the Scots act: fhe knew the
lord treasurer was aimed at by
it, and the diverted the ftorm
by her endeavours, as well as
fhe reftrained it by her prefence,
Burnet. Vol. II. 405.

1704. tories, who preffed this, intended to add a fevere vote against all thofe, who had advised it; and it was visible at whom this was aimed. The whigs diverted this: They faid, that the putting a vote against an act paffed in ScotJand looked like claiming fome fuperiority over them, which feemed very improper at that time; fince that kingdom was poffeffed with a national jealousy on this head, which would be much increased by fuch a proceeding. More moderate methods were therefore propofed, in order to the making up of a breach in this island, with which it seemed to be threatned; and, at laft, the grand committee of the peers came to these resolutions, "That the beft method to pre❝vent the inconveniences, which might happen by the late acts paffed in Scotland, was by making fuch laws here *This was "for that purpose: That the queen be enabled by act of fuggefted parliament, on the part of England, to name commifbythe Ld.fioners to treat about an union with Scotland, provided, Wharton. « that thefe powers be not put in execution, till commiffioners fhould be named on the part of Scotland by the parliament there. That Scotsmen + fhould not enjoy the privileges of Englishmen, except fuch as are fettled in this kingdom, in Ireland, and the plantations, and fuch as are or fhall be in our land or fea-service, until an union be had, or the fucceffion fettled as in England. This by That the bringing t of cattle from Scotland into Englord Ferland be prevented. That the lord admiral or commiffioners of the admiralty, for the time being, be required to give orders to her majefty's fhips, to take fuch fhips, as they fhall find trading from Scotland to "France, or to the ports of any of her majefty's enemies; and that cruizers be appointed for that end. And that the + exportation of English wool into Scotland be carefully hindered." Thefe refolutions being approved by the houfe, the judges were ordered to reduce them into bills; one of which, for an intire union, was read a third time, and paffed the twentieth of December, and fent to the commons for their concurrence. On the 9th, the lords prefented an addrefs to the queen, importing," That, having taken into

+ This by s lord Hal

lifax.

rers.

This by the earl of

Torring

ton.

This by lord Mo

hun.

confideration divers acts of parliament lately paffed in "Scotland, and duly weighed the dangerous and pernicious "effects which were likely to follow from them, they 68 were preparing bills for preventing fuch great evils; and, "in the mean time, they thought themfelves bound to re"prefent to her majefty, as their humble opinion, that it was highly requifite for the fafety of this kingdom, that

Speedy

"speedy and effectual orders be given for putting of New- 1704. "caftle into a condition of defence, for fecuring the port of « Tinmouth, and for repairing Carlifle and Hull. They " also befought her majelty to cause the militia of the four << northern counties to be difciplined, 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 against all papifts in refpect to their "arms and perfons, and to order a particular account of what ❝ was done, in execution of her commands, to be laid before "her majefty in counsel without delay." To this addrefs. the queen anfwered, "That the fhould direct a furvey to be

made of the feveral 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 " quartered upon the borders, as they had been the last year; "And that the would likewife give the neceffary directions ❝ upon the other particulars of the addrefs."

The commons likewife, having in a grand committee confidered the state of the nation with regard to Scotland, refolved on the 13th of December, that a bill fhould be brought in for the effectual fecuring the kingdom of England from the apparent dangers, that might arife 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 houfe, to whom it was referred to confider of heads for that bill, the refolutions they had come to, and which were as follow: "That it be one head sof the bill to enable her majesty to nominate and appoint "commiffioners for England to treat with commiffioners " from Scotland, for an union between the two kingdoms.

2. That all natives of the kingdom of Scotland, except "fuch as are settled and fhall continue inhabitants of England, or the dominions thereunto belonging, or at prefent in the service of the army or navy, fhall be reputed as aliens, unless the fucceffion to the crown of Scotland be "fettled on the princefs Sophia of Hanover and the heirs of "her body being proteftants. 3. That a more effectual "provifion be made to prevent the exportation of wool from England and Ireland into Scotland. 4. That provifion 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 majefty's plantations in the Weft-Indies. 5. That "immediate

1704.

"immediate provifion be made to prevent the conveying of "horfes, arms, and ammunition, from England into Scot

land. 6. That all the proteftant free-holders of the "fix-northern counties of England be permitted to furnish "themfelves with arms." These refolutions being read twice, all, except the laft, 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 fame purpose, it was ordered to lie upon the table, because the commons were refolved to adhere to a notion, which had now taken such root among them that it could not be fhaken, that the lords could not put into a bill begun with them any claufe, containing money-penalties, as they had done into this. This notion was indeed wholly new, for penalties upon tranfgreffions could not be conftrued to be a giving of money. The lords were clearly in poffeffion of proceeding thus; fo that the calling it in queftion was an attempt on the fhare which the lords had in the legiflature. On the firft of February, the commons read it a third time, and paffed their own bill relating to Scotland; and the following Christmas was the day pre'fixed for the Scots to enact the fucceffion, 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 lefs important occafions: they feemed not to defire, that the Scots fhould fettle the fucceffion; and it was. vifible, that fome of them hoped, that the lords would have used their bill, as they had ufed that fent down by the lords. Many of them were lefs concerned in the fate of the bill, because it diverted the cenfure, which they had intended to fix on the lord- treasurer. But the lords were aware of this, and four days after the bill was fent up to them, paffed it without any amendment. Thofe, who wifhed 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 faw caufe to apprehend, that ill tempered men in Scotland would ufe this as a handle to divert that nation, which was already much foured, from hearkening to any motion that might tend to promote the union, or the declaring the fucceffion. It was given out by thofe, that this was an indignity done their kingdom, and that they ought not fo much as to treat with a nation, that threatned them in fuch a manner. The marquifs of Tweedale excused himself from ferving any longer, upon which the duke of Argyle was appointed lord-high-commiffioner in his room.

The

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