land that valuable privilege of electing their reprefentatives 1708. in parliament, from among the best qualified gentlemen of their own number and state, in the fame manner as they had formerly used to do. That, in electing members of parliament, the choice of the electors ought to be made as free as is poffible, from the influence either of bribes or threats, and, in justice, fhould only be determined by the honesty and candour of the person to be chofen; and his character be fuch, as promifes a faithful difcharge of fo great a truft; and that his inclination be accompanied with a fufficient capacity to maintain this character; the commons there being furrounded with a numerous and powerful peerage, who, like fo many fovereigns, judge and determine within their refpective bounds, in criminal as well as civil matters, being vested with vaft fuperiorities and hereditary jurisdictions, fo that no commoner, holding any part of his lands of a peer, or indeed being in his neighbourhood, could be reckoned at liberty to make a free election of his representative and therefore the commons of Scotland whereof, the majority of their parliament confifted, had invincible argument for preferving intire to themselves that neceffary privilege of excluding their peers eldest fons from being members of that house. That if the parliament of Scotland, which consisted of peers and commoners, fitting together in the fame house, enjoying the fame liberty of fpeech, and the fame common privileges and judicative capacity, being also restricted to the fame rules and forms, had fo many weighty reasons for excluding their peers eldest fons; how many more arguments of greater moment might be urged in the house of commons of Great-Britain, who were a feparate and diftinct house of peers, enjoying by themselves fo many valuable privileges and immunities, which could not be incroached upon, or fubjected to a houfe of peers, without endangering the whole conftitution of the house of commons? and in the laft place, That, England and Scotland being now united, and their interests infeparably joined, it ought to be a maxim with all true Britons, that the liberty of the commons of Scotland will always be an advantage to thofe of England; and that the flavery of the first cannot fail ending in the deftruction of the lat ter. Little being offered on the other fide against thefe arguments, the eldeft fons of the peers of Scotland were declared incapable to fit in parliament; and, three days after, the 1708. the commons ordered their speaker to issue out his warrants to the clerk of the crown, to make out new writs for the electing commiffioners for the fhire of Aberdeen, in the room of William lord Haddo; and for the fhire of Linlithgow, in the room of James lord Johnstown, who, being eldest fons of peers of Scotland, were declared to be incapable to fit in that house. Debates about the the peers Burnet. A petition of a new nature was likewife brought before the lords, with relation to the election of the peers from election of Scotland. There was a return made in due form; but a of Scotland, petition was laid before the house, in the name of four lords, who pretended that they ought to have been returned. The duke of Queensberry had been created a duke of Great-Britain by the title of duke of Dover, yet he thought he had ftill a right to vote as a peer of Scotland. He had likewise a proxy; fo that two votes depended on this point, whether the Scots peerage did fink into the peerage of Great-Britain. Some lords, who were prifoners in the caftle of Edinburgh, on fufpicion, as favouring the pretender, had fent for the fheriff of Lothian to the caftle, and had taken the oaths before him, and upon that were reckoned to be qualified to vote or make a proxy. Now it was pretended, that the caftle of Edinburgh was a conftabulatory, and was out of the sheriff's jurifdiction; and that therefore he could not legally tender them the oaths. Some proxies were figned without fubfcribing witneffes, a form neceffary by their law. Other exceptions were alfo taken from fome rules of the law of Scotland, which had not been observed. The clerks being alfo complained of, they were fent for, and were ordered to bring up with them all inftruments or documents relating to the election. When they came up, and every thing was laid before the house of lords, the whole matter was long and well debated. A Scottish peer, made a of have no vote As to the duke of Queensberry's voting among the Scots pero lords, it was faid, that if a peer of Scotland, being made a Great-Bri- peer of Great-Britain, did ftill retain the intereft in electtain, was to ing the fixteen from Scotland, this would create a great inin Scotland, equality among peers; fome having a vote by representation, as well as in perfon. The precedent was mischievous, fince, by creating fome of the chief families of Scotland peers of Great-Britain, they would be able to carry the whole election of the fixteen as they pleafed. It was objected, that, by a claufe in the act paffed fince the union, the peers of England, who were likewife peers of Scotland, had a right to vote in the election of Scotland ftill reserved to to them; so there feemed to be a parity in this cafe with 1708. that. But it was answered, That a peer of England, and a peer of Scotland, held their dignity under two different crowns, and by two different great feals: but, Great-Britain including Scotland as well as England, the Scots peerage muft now fink into that of Great-Britain. Befides, that there were but five, who were peers of both kingdoms before the union; and therefore, as it might be reasonable to make provision for them, so it was of no great confequence; but, if this precedent were allowed, it might go much farther, and have very ill confequences. Upon a divifion of the house, the matter was determined against the duke of Queensberry. Other exceptions A great deal was faid both at the bar by the lawyers, and in the debate in the house, upon the point of jurifdiction, were deterand of the exemption of a conftabulatory. It was faid, that mined. the sheriff's court ought to be, as all courts were, open and free, and fo could not be held within a castle or prifon. But no express decifion had ever been made in this matter. The prisoners had taken the oaths, which was the chief intent of the law, in the best manner they could; fo that it seemed not reasonable to cut them off from the main privilege of peerage, which was referved to them, because they could not go abroad to the fheriff's court. After a long debate, it was carried, that the oaths were duly tendered to them. Some other exceptions were proved and admitted; the returns of fome, certifying that they had taken the oaths, were not sealed; and fome had figned thefe without fubfcribing witneffes. Other exceptions were offered from provifions, which the law of Scotland had made, with relation to bonds and other deeds, which had not been obferved in making of proxies. But the house of lords did not think these were of that importance, as to vacate the proxies on that account. After a full hearing, and a debate, which lafted many days, there was but one of the peers, who were returned, that was found not duly elected, and only one of the petition'ing lords was brought into the houfe; the marquis of Annandale was received, and the marquis of Lothian was fet afide. Scots in The Scots members in both houfes were divided into fac- A faction tions. The duke of Queensberry had his party fill depend- among the ing upon him. He was in fuch credit with the lord-trea- parliament, furer and the queen, that all the pofts in Scotland were Burnet, given to perfons recommended by him. The chief minifters at court feemed to have laid it down for a maxim not to be departed 1708. departed from, to look carefully to elections in Scotland; that the members returned from thence might be in an intire dependence on them, and be either whigs or tories, as they should shift fides. The duke of Queensberry was made third fecretary of state: he had no foreign province affigned him, but Scotland was left to his management. The dukes of Hamilton, Montrofs, and Roxburgh, had fet themselves in an oppofition to his power, and had carried many elec tions against him. The lord Sommers and the earl of Sunderland fupported them, but could not prevail with the lord-treasurer to bring them into an equal fhare of the adminiftration. This had almoft occafioned a breach; for the whigs, though they went on in a conjunction with the lord-treasurer, yet continued ftill to be jealous of A bill for a of all pro teftants. him. The bill for naturalizing all proteftant foreigners was also general na the fubject of great debates this feffion. Since the revocaturalization tion of the edict of Nantz, fo fatal to France, by the decrease of her trade, and the loss of numberless fubjects, EngIand abounded with French proteftants. They had indeed been well received, but with much more referve than in the United Provinces, Brandenburgh, and Pruffia. They had however done all the fervice they could; and the English themselves had not behaved with more bravery and refentment against France than thefe refugees. For ever excluded from their native country, they had long been seeking to be incorporated by an act of naturalization with a people, to whom they had fled for refuge. But their endeavours had hitherto proved ineffectual. The prefent parliament, wherein the whigs had the majority, whose maxim it was to countenance foreign proteftants, at length granted their defire. For, on the 5th of February, Mr. Wortley Montague made a motion for a bill for naturalizing foreign proteftants, and, in a set speech, fhewed the advantages that would accrue to the nation by fuch an act; alledging, amongst other particulars, the example of the king of Pruffia, who had not "only invited, but furnished abundance of French refugees "with means to fettle in his dominions; whereby he had "fertilized an almoft barren country, improving trade, and vaftly increased his revenue." Adding, "That if fo"reigners were induced to fettle under a defpotic govern"ment, where they found protection and encouragement, "they would undoubtedly be the more inclined to bring "their effects, and at leaft their induftry, into Great-Bri tain, where they would share the privileges of a free na ❝tion.". «<tion." Mr. Compton, and feveral other members, fup- 1708. porting this motion, the house ordered the bill to be prepared and brought in. Pr. H. C. Whilst this bill was depending, a paper was printed, and Reafons industriously dispersed, importing, 1ft, That the Conflux of against it. Aliens, as would probably be the effect of fuch a law, might prove dangerous to our conftitution; for thefe would owe allegiance to their respective princes, and retain a fondness for their native countries; and therefore, whenfoever a war fhould break out, might prove fo many fpies and enemies. And, befides this pretence, the profeffed enemies of our established church and religion might flock over, with defign to effect its overthrow. 2dly, That a general naturalization might undoubtedly spread an univerfal difguft and jealoufy throughout the nation; there having been many complaints and commotions in London, and elsewhere, on occafion of foreigners. 3dly, That the defign of inviting multitudes of aliens to fettle here, might prove in time a further mifchief; for they would not only be capable of voting at elections, but also of being chosen members of parliament; have admiffion into places of truft and authority, which, in process of time, might endanger our ancient polity and government, and, by frequent intermarriages, go a great way to blot out and extinguish the English race (h). (h) Several other reasons were urged, as, 4. That anciently naturalizations by act of parliament were seldom or never made, but upon special reasons, and for particular occafions. And tho' fome acts have given encouragement to foreign merchants and weavers to fettle here; it was when our weaving-trade, and other manufactures, were inconfiderable to the advancement they have fince attained: and, that from the fettlement of the great customs in Edward the Firft's time, in all acts of parliament for fubfidies fince paffed, aliens had always been charged with an increase of customs above natives, and a difcrimination kept up between them; as was parVOL. XVII, The ticularly remarked by the learned H ftances |