1704
THE SCOTTISH PARLIAMENT.
The design of the court was to procure in the Scottish parliament the nomination of a successor to the crown, and a supply for the forces, which could not be obtained in the preceding session. Secretary Johnston, in concert with the marquis of Tweedale, undertook to carry these points in return for certain limitations on the successor, to which her majesty agreed. The marquis was appointed commissioner. The office of lord-register was bestowed upon Johnston; and the parliament met on the sixth day of July. The queen, in her letter, expressed her concern that these divisions should have risen to such a height, as to encourage the enemies of the nation to employ their emissaries for debauching her good subjects from their allegiance. She declared her resolution to grant whatever could in reason be demanded for quieting the minds of the people. She told them she had empowered the marquis of Tweedale to give unquestionable proofs of her determination to maintain the government in church and state, as by law established in that kingdom; to consent to such laws as should be found wanting for the further security of both, and for preventing all encroachments for the future. She earnestly exhorted them to settle the succession in the protestant line, as a step absolutely necessary for their own peace and happiness, the quiet and security of all her dominions, the reputation of her affairs abroad, and the improvement of the protestant interest through all Europe. She declared that she had authorized the commissioners to give the royal assent to whatever could be reasonably demanded, and was in her power to grant, for securing the sovereignty and liberties of that her ancient kingdom. The remaining part of the letter turned upon the necessity of their granting a supply, the discouragement of vice, the encouragement of commerce, and the usual recommendation of moderation and unanimity.
VIOLENT OPPOSITION TO THE MINISTRY.
The duke of Hamilton presented a resolve, that the parliament would not name a successor to the crown, until the Scots should have concluded a previous treaty with England in relation to commerce and other concerns. This motion produced a warm debate, in the course of which Fletcher of Saltoun expatiated upon the hardships and miseries which the Scots had sustained since the union of the two crowns under one sovereign, and the impossibility of bettering their condition, unless they should take care to anticipate any design that tended to a continuation of the same calamities. Another resolve was produced by the earl of Rothes, importing, that the parliament should proceed to make such limitations and conditions of the government as might be judged proper for rectifying the constitution—for vindicating and securing the sovereignty and independency of the nation; and that then parliament would take into consideration the other resolve offered by the duke of Hamilton, for a treaty previous to the nomination of a successor. This proposal was seconded by the court party, and violent heats ensued. At length sir James Falconer of Phesdo offered an expedient, which neither party could refuse with any show of moderation. He suggested a resolve, that the parliament would not proceed to the nomination of a successor until the previous treaty with England should be discussed; and that it would make the necessary limitations and conditions of government before the successor should be nominated. This joint resolve being put to the vote, was carried by a great majority. The treaty with England was neglected, and the affair of the succession consequently postponed. The duke of Athol moved, that her majesty should be desired to send down the witnesses and all the papers relating to the conspiracy, that, after due examination, those who were unjustly accused might be vindicated, and the guilty punished according to their demerits. The commissioner declared, that he had already written, and would write again to the queen on that subject. The intention of the cavaliers was to convict the duke of Queensberry of malice and calumny in the prosecution of that affair, that they might wreak their vengeance upon him for that instance of his animosity, as well as for his having deserted them in the former session. He found means however to persuade the queen, that such an inquiry would not only protract the session, but also divert them from the settlement of the succession, and raise such a ferment as might be productive of tragical consequences. Alarmed at these suggestions, she resolved to prevent the examination, and gave no answer to the repeated applications made by her parliament and ministers. Meanwhile the duke of Queensberry appeased his enemies in Scotland, by directing all his friends to join in the opposition.
THEY PASS THE ACT OF SECURITY.
The duke of Hamilton again moved, that the parliament should proceed to the limitations, and name commissioners to treat with England previous to all other business, except an act for a land tax of two months necessary for the immediate subsistence of the forces. The earl of Marchmont proposed an act to exclude all popish successors; but this was warmly opposed, as unseasonable, by Hamilton and his party, A bill of supply being offered by the lord justice Clerk, the cavaliers tacked to it great part of the act of security, to which the royal assent had been refused in the former session. Violent debates arose; so that the house was filled with rage and tumult. The national spirit of independence had been wrought up to a dangerous pitch of enthusiasm. The streets were crowded with people of all ranks, exclaiming against English influence, and threatening to sacrifice as traitors to their country all who should embrace measures that seemed to favour a foreign interest. The commissioner and his friends were confounded and appalled. Finding it impossible to stem the torrent, he, with the concurrence of the other ministers, wrote a letter to the queen, representing the uncomfortable situation of affairs, and advising her majesty to pass the bill encumbered as it was with the act of security. Lord Godolphin, on whose council she chiefly relied, found himself involved in great perplexity. The tories had devoted him to destruction. He foresaw that the queen’s concession to the Scots in an affair of such consequence, would furnish his enemies with a plausible pretence to arraign the conduct of her minister; but he chose to run that risk rather than see the army disbanded for want of a supply, and the kingdom left exposed to an invasion. He therefore seconded the advice of the Scottish ministers; and the queen authorized the commissioner to pass the bill that was depending. The act provided, that in case of the queen’s dying without issue a parliament should immediately meet and declare the successor to the crown, different from the person possessing the throne of England, unless before that period a settlement should be made in parliament of the rights and liberties of the nation, independent of English councils; by another clause they were empowered to arm and train the subjects, so as to put them in a posture of defence. The Scottish parliament having, by a laudable exertion of spirit, obtained this act of security, granted the supply without further hesitation; but not yet satisfied with this sacrifice, they engaged in debates about the conspiracy, and the proceedings of the house of lords in England, which they termed an officious intermeddling in their concerns, and an encroachment upon the sovereignty and independency of the nation, They drew up an address to the queen, desiring that the evidence and papers relating to the plot might be subjected to their examination in the next session. Meanwhile, the commissioner, dreading the further progress of such an ungovernable ferocity, prorogued the parliament to the seventh day of October. The act of security being transmitted to England, copies of it were circulated by the enemies of Godolphin, who represented it as a measure of that minister; and the kingdom was filled with murmurs and discontent. People openly declared, that the two kingdoms were now separated by law so as never to be rejoined. Reports were spread that great quantities of arms had been conveyed to Scotland, and that the natives were employed in preparations to invade England. All the blame of these transactions was imputed to lord Godolphin, whom the tories determined to attack, while the other party resolved to exert their whole influence for his preservation; yet, in all probability, he owed his immediate support to the success of his friend the duke of Marlborough.