neceffary confequence. And thereupon they urged, "That, 1705. fince Scotland and England were under one fovereign, "who mediated between her two kingdoms, and England "had already given ample powers to their commiflioners, "it would be unbecoming in Scotland to reftrain their "commiffioners. That it would fhew a jealousy of her "majefty, and might put a stop to the treaty, fince England " could not but expect, that the Scots commiffioners "should have as ample powers as theirs. That there "could be no danger in giving unlimited powers to their

commiffioners, fince it was exprefly provided, that no "matter or thing treated of, and agreed to, fhould be of any "force, unless it were firft approved of and ratified by the "parliaments of both kingdoms. And therefore when their "commiffioners fhould make their report of the scheme of "union, that should be agreed on, then it would be pro"per for the house to confider, whether they would ratify " or reject the fame." To this it was anfwered, "That "Scotland and England's being under one fovereign made "this clause neceffary, fince woful experience taught them,

and it had been often complained of in the house, that << their fovereign was under English influence, and sub<ject to the counfels of her English minifters, who regard

ed the intereft and honour of Scotland no further, than << was confiftent with that of England. That the adding of "this claufe could never imply the least mistrust of the <queen's inclinations towards her ancient kingdom, fince all "that could be made of it was, that the Scots parliament being fenfible that the queen was not in a capacity to "know the intereft and circumstances of Scotland fo well

as thofe of England, had taken care to prevent any in❝ conveniencies, that might arife from thence. That << there were fome things fo facred, that the leaft inno

vation or alteration, much lefs the abrogating or fufpend<ing them, was never to be attempted, or the fubject of any treaty. And the particulars of this claufe, fuch as the fovereignty, independency, and freedom of the nation, being of this nature, ought therefore to be added. "That England could not take it amifs, fince they them<< felves had restrained their own commiflioners from treat❝ing of any alteration in the church-government of that "kingdom. That the Scots were a free independent peo"ple, and had a power to give what inftructions, powers, "and restrictions they pleafed to their commiffioners. "Neither was it to be imagined, that England would re

"fufe

1705.

"fuse to treat upon account of this claufe, because the "very claufe, in the fame exprefs words, was inferted in "the act of the treaty in the reign of king James VI. "and to the fame purpose in most of the subsequent acts of treaty ; and yet neither that king (who would have had "good reason to be offended at any difrefpect or distrust

hewn, towards him) nor his fucceffors, nor the parlia"ment of England, made any fcruple upon that account, "to meet and treat with the commiffioners of Scotland." These and many other arguments were urged for and against the claufe; but the question being put, Whether it fhould be added, or not? It was carried in the negative by two voices only, through the neglect of feven or eight of the cavaliers and country-party, who happened to be abfent.

This being over, another clause was offered, importing, "That the commiffioners fhould not go out of Scotland, "to enter into any treaty with thofe to be appointed for "England, until there was an act paffed by the parlia"ment of England, refcinding that claufe in the English "act, by which it was enacted, that the fubjects of Scot"land fhould be adjudged and taken as aliens, after the "25th of December 1705." The cavaliers infifted upon this claufe as neceflary to vindicate the honour of the nation from the injuftice of the English in that act, upon a belief, that, if it were added, the English would not comply with it, and fo the treaty would come to nothing. Upon the fame confideration the courtiers opposed it; but, obferving it took with the house, they did not prefume to do it openly, but by this artful motion, "That the claufe fhould be approved, though not, as was propofed, ingrofled with the body of the act for a treaty; but, a "refolve of the houfe paffed, that, after the act was finifhed the houfe would immediately proceed to confider, "whether, the claufe fhould be of force by a particular act,

or by an order of the house;" and the queftion being ftated, "Add the claufe to the act, or by a separate way,' the latter was carried. By this the courtiers were fure of having a treaty; for if the claufe was turned into an act at the close of the feffion (when they had no more to require of the parliament) they might grant the royal affent to the act of treaty, or refuse it to this, as they should be directed from England: And in cafe the clause was turned into an order of the houfe, then they might diffolve the parliament, by which means the act, impowering the com

miffioners

66

miffioners to treat, remained in force, and the order ceafed. Before the vote was ftated, upon the act for a treaty, the duke of Athol, on the 1ft of September, entered his proteft in these terms: "In regard, that by an English act of "parliament made in the laft feffion thereof, intitled, "An act for the effectual fecuring England from the dangers that may arife from the feveral acts lately paffed "in Scotland, the fubjects of this kingdom are to be adjudged aliens, born out of the allegiance of the queen, "as queen of England, after the 25th of December, 1705; "I do therefore proteft for myself, and in the name and "behalf of all fuch as fhall adhere to this my proteftation, "that, for fecuring the honour and intereft of her majefty, "as queen of this kingdom, and maintaining and preferving "the undoubted rights and privileges of her fubjects, no act "for a treaty with England ought to pass in this house, un"lefs a claufe be adjected thereto, prohibiting and discharg

ing the commiffioners that may be nominated and ap"pointed for carrying on the faid treaty, to depart the king"dom, in order thereto, until the faid act be repealed and "refcinded by the parliament of England." To this protest most of the cavaliers and country party, and all the Squadrone adhered, making in all twenty-four peers, thirty-feven barons, and eighteen boroughs. While the rolls were calling, upon this refolve (it being very late) many of the members, after they had given their votes, went out of the houfe, expecting, that the parliament would not have proceeded to any more bufinefs that night; but immediately after the last name in the roll was called, duke Hamilton, addreffing himself to the chancellor, moved that the nomination of the commiffioners for the treaty fhould be left wholly to the queen. Upon this unexpected motion fourteen or fifteen of the cavaliers ran out of the house in rage and defpair, faying aloud, "That it was to no pur"pose to stay any longer, fince the duke of Hamilton "had deferted and fo bafely betrayed them." However thofe, who remained, ftrenuously oppofed the motion; and a hot debate arofe upon it, wherein the cavaliers used the very arguments, which duke Hamilton had often urged: "What! leave the nomination to the queen? No; fhe " is in a manner a prisoner in England; and the eftates of "Scotland had taught us our duty in a cafe nearly related "to this during the captivity of king James the firit. Our queen knows none of us, but as introduced by her "English miniftry, and recommended by our inclinations

VOL. XVI.

Ι

σε το

1705.

1705.

"to ferve that kingdom. Our queen never had an op"portunity to know the true intereft of our country; "and, though he did, yet in her prefent circumftances, "cannot fhew her regard for it: And who then fo proper "to nominate Scots commiffioners to treat of Scots affairs "as a Scots parliament?" Little or nothing was offered in answer either to thefe arguments, or against the motion, "That no person who had any eftate in England, should "be of the number of the commiffioners:" Which was levelled at the duke of Hamilton. But the courtiers ftill infifting, that the fenfe of the house might be known in this matter, the question was put, "Whether the nomina"tion of the commiffioners be left in the queen, or to the "parliament?" And by reafon of the absence of the members before-mentioned, it was carried for the queen by a majority of eight voices only. Duke Hamilton's proceeding in this affair was highly refented by the cavaliers; but he endeavoured to vindicate himself by alledging, That after the parliament had rejected the feveral claufes, that were propofed to be added to the act, he thought it in vain to contend any longer; and fince the court would have had a majority, to give the nomination to the queen, he might be allowed to make her the compliment. Befides, it was the duke's opinion that, if the commiffioners named by the queen fhould do any thing, that should not be approved in the fubfequent parliament, they might be more feverely cenfured for it, than if the parliament had named them. But it is thought, that the duke had a mind to be one of the commiffioners himself; and fearing, that he fhould not be named by the parliament, he refolved to rely on the duke of Argyle's and the earl of Mar's promise of his being named by the queen; who having refused to do fo, the duke of Argyle refented it fo far, that he would not fuffer himself to be named, and even threatned to oppose the union, though means were afterwards found to induce him to alter his mind.

In the next fitting of the parliament, on the 4th of September, two draughts of an addrefs were prefented, one by the earl of Sutherland, the other by Fletcher of Salton, befeeching her majesty to use her endeavours with the parliament of England to refcind that part of the English act, declaring the fubjects of Scotland to be aliens; both which draughts were read, as was alfo the overture of an act, ordaining, that the commiffioners on the part of Scotland fhould not enter upon the treaty for an union

with

with England, until that claufe were repealed. Hereupon 1705. the courtiers moved, that the parliament fhould proceed by way of order to their commiffioners, and by addrefs to her majefty, and not by way of act; and, after fome debate, the question being put, was carried for the order and address, which were immediately drawn up, and unanimoufly agreed to. Then an overture of an act was prefented, difcharging the peers of Scotland from going into England, without leave of the privy-council; but on the 6th of September, after a firft reading of this overture, it was rejected. After this, the house confidered the act for a treaty with England, and made fome amendments to the claufe containing the powers to be given to the commiffioners. The cavaliers took this occafion to renew the motion, "That an union fhould not derogate from any fundamental "laws, ancient privileges, offices, rights and dignities, and "liberties of the kingdom of Scotland; but, after fome debate, the question being put, whether that claufe fhould be added, it was carried in the negative, and then the act was Sept. 21 approved, and received the royal affent. However, the duke of Athol protested against it, for the reafons contained in his former proteft, and was adhered to by twenty noblemen, thirty-three barons, and eighteen boroughs. Two days after, the act for granting the queen a fupply of fix months cefs, amounting to four hundred and thirty-two thousand, eight hundred pounds (Scots money) for maintaining the army, garrifons, and frigates for one year, was approved. On the 18th of September, the houfe went upon the public accounts, and allowed to the commiffioners of the fame two hundred pounds fterling each; fifty pounds to the clerk, and twenty pounds to other fervants; fifteen hundred pounds to the lord Belhaven; three hundred pounds to the duke of Queensberry, and three thousand pounds to the duke of Argyle, as being due to him; which fums were paid out of the fifty thousand pounds fterling granted to the queen. After which the parliament was adjourned to the 20th of December following (a).

Not long after the adjournment, the earl of Mar, who during the whole feffion, had done confiderable fervice to

(a) On the 16th of Auguft, it was moved and refolved, that Mr. James Anderfon, writer to her majefty's fignet, having written a book intitled, An hitorical effay, fhewing that the

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the