1711-12. printed at the Hague, but delivered by their envoy Van Borfelyn to the queen, by whose order Mr. St. John wrote a fhort answer (i).

Naturaliza

The houfe of commons proceeded next to the repeal of 1711-12. the naturalization act, which had paffed the laft parliament in favour of the proteftant foreigners. A bill for the re- tion act repeal of this act had been thrown out by the lords the last pealed. year, but it now passed both houses, and received the royal affent.

Thofe, who were fufpected of having bad defigns, applied themselves with great induftry to drive on fuch bills as they hoped would give the prefbyterians in Scotland fuch alarms, as might difpofe them to remonftrate that the union. was broken.

Pr. H. C.

Pr. H. L.
Burnet.

the kirk

To this end feveral bills were brought into the house of A toleration to the Engcommons: they began with propofing one for a toleration lifh clergy in for the epifcopal clergy to use the liturgy of the church of Scotland. England. This seemed fo reasonable that no oppofition was made to it: however the kirk of Scotland being alarmed át the design of setting up the church of England's liturgy and Remonworship in North-Britain; and upon the firft notice, that a trance of bill for that purpose was brought into the house of commons, against it. the commiffioners of the general affembly drew up a large representation to the queen, fetting forth, That the fixth act of parliament in 1707, " for fecuring the proteftant religion and prefbyterian government, (whereby all other "acts in favour of the fame are ratified and approved) is "declared to be an effential and fundamental condition of "the treaty of union, without any alteration thereof, or "derogation thereto, in any fort, for ever, even beyond the

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1711-12." reach of parliament." That they could not but exprefs their furprize and deep affliction, to hear of a bill offered for fuch a large and almost boundless toleration, not only threatening the overthrow of their church, but giving a large licence almoft to all errors and blafphemies, and throwing up all good difcipline, to the difhonour of God, and the fcandal and ruin of the true chriftian religion, and the infallible disturbance of the quiet, and to the confufion of that church and nation: and therefore with all humility, but with the greatest earneftnefs, they did befeech, nay obteft her majefty, by the fame mercy of God, that restored that church, and raised her majesty to the throne, to interpofe for the relief of that church, and the maintenance of the prefent establishment, againft such a manifeft and ruining incroachment, in fuch man< ner, as in her royal wisdom and juftice the should think • needful.' Notwithstanding this reprefentation (which was presented to the queen by Mr. Carftairs, principal of the college of Edinburgh) the act went on, and a clause was put in it, that occafioned great complaints; the magiftrates, who by the laws were obliged to execute the sentences of the judicatories of their kirk, were by this act required, to execute none of them. It was reasonable to require them to execute no sentences, that might be paffed on any, for doing what was tolerated by this act; but the carrying this to a general claufe took away the civil fanction, which in moft places is looked on as the chief, if not the only, ftrength of church power. Thofe, who were to be thus tolerated, were required, by a day limited in the act, to take the oath of abjuration; it was well known, that few, if any of them, would take that oath; fo, to cover them from it, a clause was put in this act, requiring all the prefbyterian ministers to take it; fince it seemed reasonable, that those of the legal establishment fhould be required to take that, which was now to be imposed on those, who were only to be tolerated. It was well understood, that there were words in the oath of abjuration, to which the prefbyterians excepted. In the act of fucceffion, one of the conditions, on which the fucceffor was to be received, was, his being of the communion of the church of England; and, by the oath of abjuration, the fucceffion was fworn to, as limited by that act: the word Limitation, imported only the entail of the crown; but it was fuggefted, that the particle, as, related to all the conditions in that act. This was fpread among fo many of

that

that perfuafion, that it was believed a great party among 1711-12 them would refuse to take it: fo a fmall alteration was made by the houfe of lords of these words, As was limited,' into words of the fame fenfe, Which was limited;' but thofe, who intended to excufe the epifcopal party, who they knew were in the pretender's interefts, from taking the oath, were for keeping in thofe words, which the prefbyterians fcrupled. The commons accordingly difagreed to the amendment made by the lords; and, they receding from it, the bill paffed, as it had been fent up by the commons (k). By this act the epifcopal clergy, provided they have been ordained by a protestant bishop, and taken the oaths of allegiance and abjuration, are permitted to ufc in their meetings the liturgy of the church of England without moleftation. By the fame act the minifters of the established church of Scotland are alfo obliged to take the oaths.

Another act paffed for difcontinuing the courts of judicature, during some days in Christmas, though the observing of holidays was contrary to the principles of the prefbyterians (1). But this was intended only to exafperate them.

restored.

Some time after the toleration act; a bill was brought in Patronages for the restoring of patronages. It was established by the Pr. H. C, prefbyterians from the time of the reformation, as a prin- Burnet, ciple, that parifhes had, from warrants in fcripture, a right to chufe their minifters: and therefore they had always looked on the right of patronage as an invafion of their principles, and had abolifhed it by law as a grievance. This right having been reftored with epifcopacy in 1661; continued till 1690, when prefbyterian church-government was again established, and the right of patronage taken away. But it was now refolved that it should be restored. It was urged in oppofition to it, that fince, by the act of union, prefbytery, with all its rights and privileges, was unalterably fecured, and fince their kirk-feffion was a branch of their conftitution, the taking from them the right of chufing their ministers was contrary to that act: yet the bill paffed through both houses, a small oppofition being only made in

1711-12. either. By thefe fteps the prefbyterians were alarmed, when they faw the fuccefs of every motion that was made, on defign to weaken and undermine their establishment.

The placebill loft. Burnet.

The queen's
meffage

about prince
Eugene's
propofal.
Feb. 26.
Pr. H. C.

The felf-denying bill for limiting the number of officers fitting in the houfe of commons was brought in, and, as was ufual, it eafily paffed there: the fcandal of corruption was now higher than ever; for it was believed men were not only bribed for a whole feffion, but had new bribes for particular votes. The twelve new peers, being brought into the house of lords, had irritated fo many there, that, for two days, by all the judgments that could be made of the house, the bill was likely to have paffed that house: but, upon fome prevailing arguments, fecretly and dextrously applied to fome lords, an alteration was made in it, by which it was loft: for whereas the bill, as it stood, was to take place after the determination of the prefent parliament, this was altered, fo as that it should take place after the demise of the queen; fo it was no more thought on.

Prince Eugene ftill continued in England, and was treated very civilly by the queen, though not with that distinction that was due to his high merit: nor did he gain any ground with the miniftry.

He had prefented a memorial to the queen (which he published in February) containing an account of the emperor's conduct in the war; concluding, with a propofal in relation to the war in Spain. Some days paffed before any notice was taken of this memorial, but, at last, Mr. St. John acquainted the commons, That he had received her majefty's command to communicate to that house a propofition made to her majefty by prince Eugene of Savoy, in the name of the emperor, for the fupport of the war in Spain; viz. "His imperial majesty judges, that forty thousand "men will be fufficient for this fervice; and that the whole

.

<

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expence of the war in Spain may amount to four millions "of crowns, towards which his imperial majefty offers to "make up the troops, which he has in that country, to "thirty thousand men, and to take one million of crowns 66 upon himfelf." It was obferved, that no member said any thing to this meffage; which made the prince very uneafy about the fuccefs of a negotiation, which had detained him fo long from other important affairs on the continent. On the other hand, the courfe of the public entertainments, to which he was daily invited, was by this time interrupted by the death of his nephew, the chevalier de Savoye, who, being taken ill of the finall-pox the 20th of February, died

four