to the Satisfaction of Her Majefty, and the Good A. C. and Welfare of Her People.

1703!

Then the Draught of an Ad for Recognizing and Afferting Her Majefty's Authority, and Her undoubted to ReRight and Title to the Imperial Crown of that Kingdom,cognize her was offer'd by the Duke of Hamilton, and being read, Majefty's was order'd to be read a fecond Time by unanimous Title to Confent. Nine Dayst after the Chancellor mov'd,the Crown. that it fhould receive a fecond Reading, in order to + May 15. be paft; but before it went to the Vote, the Queen's Debates a Advocate offer'd a Claufe, by which it fhould be Trea-bout fon to Quarrel Her Majefty's Right and Title to the Claufe of Crown; or Her Exercife of the Government from Herfer'd by Actual Entry to the fame. This Claufe being read, it the Queen's was urg'd by fome, that it was difhonourable to her Advocate. Majefty. feeing it meant as if the Houfe were giving her Majefty an Indemnity for her Actings and Exercife of her Power, fince her Acceflion to the Throne. It was anfwer'd. That the Words meant only in general her Majesty's Right to Exercise her Power; to this it was reply'd, That whatever was the meaning of those who had offered the Claufe, yet the words of the Claufe can admit of no fuch meaning; unlefs either the laft part of the Claufe were entirely cut off, or that the Words ---Her Exercife of the Government were alter'd thus, Her being in the Exercife of the Government, for the Right to the Exercife of the Government. To this again it was anfwered in behalf of the Claufe, That by the late Queen Mary's Death, without Heirs of her Body, the Right of Succellion came to the Queen, upon the Profpect of King William's Death, feeing, by the Entail, fhe was to Succeed before any Children of his Body: But that the Right of Exercife did never accrue to her until his actual Death, and her Majefty's actual Acceffion; and that therefore it was proper not only to Recognize her Right to Succeffion, but alfo to Recognize her actual Exercife, and to fecure both by a Sanction of Treafon. To this it was anfwer'd, That these two Rights spoke of, do not import any other than the apparent Right of an Heir before his immediate Prede effor's Death, and the Right of an Heir after the immediate Predeceffor's Death: The first of which does naturally vanish upon the existence of

the

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the fecond; That the Act as at firft offer'd by the Duke of Hamilton, does fully Recognize thefe, and all manner of Rights which are, or can be in her Majefty's Perfon, but that the Claufe now offer'd does moft difhonourably fuper add a Ratification and Sanction of her Majefty's Exercife, and must point at one of these three Things, Either it fuppofeth that there has been fomething Lame and Defective in her Majefty's Rights and Titles above mentioned, which hath been fince Her Actual Acceffion Supplied by her Majefty's Acts of Administration and Exercife, and therefore her Exercife is propos'd to be ratified towards Convalidating Her infirm Title. That it was his Opinion, That there was not the leaft Defect in Her Majefty's Right and Title, and therefore this Claufe is Unneceffary and Dangerous. Or, in the fecond place, the Claufe would Infinuate that her Ma jefty fince her Accellion, bath exercised fome Acts of which a Vote of this. Houfe feems neceflary, That whatever may be charged upon her Majelty's Ministry, It is the Higheft Indig nity done to her Majefty to expofe her Exercife of her Royal Power to the leaft fufpicion by fuck a Claufe. For which reafon this Claufe is Difhonourable to her Majefty. And therefore, in the last place, there can no other reafon be found for the Tenacioufnefs of her Majesty's Ministry, in promoting a Claufe fo Dishonourable to our Queen: But that they them felves must be confcious, that contrary to Law they have been Inftrumental in adviling her Majefty to Exercife fome Acts of Administration, Such as the cal ling together of the late Parliament, which had continu'd during all the time of the late Reign, and promoting in it, fome Commiffions, Laws and Powers, which were plainly beyond the Limitations, which determined the Being of that Parliament, and Circumfcrib'd its Power. And being Senfible that this their. Advice, may very juftly rebound upon themfelves, They fhuffle in this Difhenourable Clause, very needlefly juftifying her Majefty's Exercife of her Royal Power, hoping under the Name of her Majefty's Exercife to fhelter themfelves, who were both the Ad vifers and Executors; That, whatever may become of this Claufe at this time, It was hop'd the Wildom of this Houfe will in due time give a proper Cenfure

Administration, to Indem that her Ma

1

to thefe Advices, which are like to difcompofe her Majefty's Quiet, and endanger the Welfare of her Nation.

My Lord Chancellor, Said the Duke of Hamilton on this Occafion:

I Had the Honor to offer this Act Recognizing her Majefty's Authority, Right and Title. I was very hopeful that fo dutiful an Act would have past the Vote of this Houfe, with all Imaginable Chearfulness; and I am both Sorry and Surpriz'd to find any thing thrown in, which can Create the leaft Demurr in it. But let them anfwer for it, who are the Authors. After a long Debate, it was again moved, that in place of thefe Words, Her Exercife of the Government. The following Words might be added, Her being in the Exercife of the Government, and thereupon the Vote was Stated-Add the Claufe as brought in by the Advocate, or as stated thus, and it was carried-Add the Advocate's Claufe *

6

Four Days after the Commiffioner call'd for the Act Recognizing her Majefty's Authority, and gave it the Royal Affent. But before that was done, the Duke of Hamilton defir'd that it fhould be remembred, that at paffing this Act, it was exprefly declar'd, that the meaning of the Advocate's Claufe cou'd affect only the Queen's Exercife of her Government, and not the Actings of her Miniftry. And therefore that whatever Challenge, might be given afterwards to the Illegallity of the Atings of the late Parliament, might not be confider'd as a Violation of this Act. After the Act had received the Royal Affent, the Earl of Hume prefented the Draught of an Act for a Supply: But before that Act was read, the Marquifs of Tweeddale faid, he had an Overture to make to the Houfe, which he hop'd wou'd, by rea fon of its Importance, be preferr'd to all other Bufi

nefs.

*All the Miniftry Voted for the Advocate's Claufe: As alSo, all the Presbyterians, excepting 15 or 20. A great many Likewife of the Church Party concurred with the Ministry in this matter, being told by the Commiffioner, That it was the Queen's Mind, that the Attings of her Miniftry in Relation ro the Parliament, hou'd not be touch'd.

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May 19

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nefs. After fome debate, it was agreed that both thefe Overtures fhould be read, in order as they had been offer'd to the Houle, providing that nothing fhould be spoke to either. And accordingly the Act for a Supply was read, and afterwards the Marquefs Overture of Tweeddale's Overture for a Refolve of Parliament, to regulate That before all other business, the Parliament should prothe Go- ceed to make fuch Conditions of Government, and Regu vernment. lations in the Conftitution of this Kingdom, to take place

after the Deceafe of her Majefty, and Heirs of her Body, as fhould be neceffary for the Prefervation of their Religion and Liberty. Both which Overtures were ordered to Jye upon the Table.

On the 24th of May fome private Gentlemen, who in the late Reign had refus'd to qualifie themfelves according to Law, (and were thereby fecluded from following their Employments, as Advocates) were upon their Petition to the Parliament admitted to qualifie themselves (by taking the Oath of Allegiance, with the Affurance) and were allowed to enter to their Employments. Two Days after the Commiffioner from the Throne, faid, that having now fit 20 Days, he did not doubt, but they were all convinc'd, that the prefent State of Affairs required a Competent Supply for maintaining the Army: That a week before, there was an Act offer'd for a Supply by the Earl of Hume; that it had ever fince lain upon the Table, wherefore he defir'd it might now be read, in order to its being marked a first Reading. And that he did Promife, they should have full time afterwards allowed them to go on other Bufinefs. Notwithstanding this Speech, it was urged against the entring upon a Supply, that the Houfe had refolved to Difcuts the remaining Controverted Elections, before any other matter of Confequence fhould be taken into Confideration. The debate upon this Point, lafted fome time, and fome Members finding that the further Confideration of the Elections was not yielded to; they moved, that the Overture made by the Marquefs of Tweeddale, upon the 19th should be taken into Confideration.

Upon this the Debate turn'd into a Competition, whether the Act of Supply, or this Overture, fhould first take Place. In behalf of the Overture. was urged the great Importance of it. And in behalf of the

Subfidy

Subfidy the neceflity of it, and that the Commif- A. C. oner had promis'd, that after a first reading of the 1703. Supply Act there fhould be time afterward given

for other Bufinefs. To this a Member anfwer'd, That he had all the deference Imaginable, to his Debates Grace, the Lord Commillioner's Affurances, and thereupon. doubted not but the whole Houfe had the fame; but he doubted mightily that his Grace could be Mafter of himself in that point. Who knows, added he, but that after all his Grace's good Purposes, the Treasurer of England may caufe Adjourn the House, when he fhall think fit, notwithstanding all the Alurances which the Miniftry can give. It is too well felt, That the influence of Foreign Councels, from one corner of the World or other, have determin'd Scots Affairs for thefe many Years; and there is no appearance of difcontinuing thefe practices. He concluded, That from the matter of this Overture might arife fuch Settlements, as might make a Scots Nation ftand upon Scots Bottom; and therefore it was fit to prefer the Confideration of it to any other Bufinefs whatsoever. Upon this the Commi oner faid, That he had heard a Member exprefs fomething that pointed at the Treasurer of England; that he own'd the Honour of his Lordship's acquaintance: But that he had the Honour likewife to ferve a great Queen, whofe Commands alone he obey'd; and that he could further give all poflible Affurance, That the Treasurer of England neither bad meddled, nor did meddle in the leaft with Scots Affairs. Upon which another Member faid. That feeing both the Scots Secretaries were attending the Parliament, and that there was to Scots Man with the Queen, who knew Scots Affairs, and had the Character and Accefs to repre fent them, therefore Scots Affairs must be reprefented by English Hands, by which means very great Miftakes must be made in thefe Affairs, through their Unacquaintedness with thefe matters; and that if any Body fhould further difpute the Influence of Foreign Councels upon Scots Affairs, there should be unanswerable clear Documents produc'd to prove it, and therefore he did Second the Motion that the Overture be gone into. Another Member Jaid, That he heard a Speech from the Throne, fignifying that the Parlia ment had now Sit 20 Days, and therefore recom

mending