whom they voted. The queen might give them what titles
The pleased; but this incapacity of voting, otherwise than
by thefe fixteen, being fettled by law, the prerogative was by
that limited as to them. They had indeed admitted the
duke of Queensberry to fit among them as duke of Dover;
but that matter was never brought into debate, and fo was
paffed over in filence; and he was mentioned in their books,
upon occafion of his voting in the choice of the fixtecn
peers of Scotland, in terms that were far from determining
this for it was there faid, that he, claiming to be duke of
Dover, could not vote as a Scots peer. The Scots lords,
in arguing for the patent, infifted with great vehemence,
not without intimations of the difmal effect, that might
follow, if it fhould go in the negative. The court exerted
their whole strength to fupport the patent. This heightned
the zeal of those, who oppofed it; for they apprehended,
that, confidering the dignity and the antiquity of the Scots
peers, and the property of the greater part of them, the
court would always have recourfe to this, as a fure expedi-
ent to have a conftant majority in the house of lords.
There was no limitation indeed on the prerogative, as to
the creation of new peers; yet these were generally men of
eftates, who could not be kept in a conftant dependence,
as fome of the Scots lords might be. The debate lasted till
near eight o'clock in the evening, when the question was
put, whether the twelve judges fhould be consulted with?
which being carried in the negative by fourteen votes,
proxies included, another queftion was put, whether Scots.
peers, created peers of Great-Britain fince the union, have
a right to fit in that houfe? which was alfo carried in the
negative by a majority of fifty-feven voices against fifty-two
(y). The queen and the ministers seemed to be much con-

(y) On this occafion was entered the following protest:

Diffentient,

1. Because, as we apprehend, by this refolution, the prerogative of the crown in granting patents of honours, with all privileges depending thereon, to the peers of Great Britain, who were peers of Scotland at the time of the union, as well as

cerned

cerned at this, and the Scots were inraged at it. They met together, and figned a representation to the queen, complaining of it as a breach of the union, and a mark of difgrace put on the whole peerage of Scotland, adding folemn promifes of maintaining her prerogative, either in an united or feparate ftate. This made the minifters refolve on another

method to let the peers, and indeed the whole world fee, that they would have that house kept in a constant dependence on the court, by creating fuch a number of peers at once, as should give them an unquestionable majority.

The

1711.

In the mean time an affair of no lefs importance was A bill again brought into the houfe of peers. The occafional conformi- occafional conformity. ty bill, having miscarried three times, lay dormant for feven pr years, till it was at this time revived by the earl of Not-Burnet. tingham, who told those, with whom he now joined, that he was but one man come over to them, unlefs he could carry a bill to that purpose: but, if they would give way to that, he hoped he fhould be able to bring many to concur with them in other things. They yielded this the more eafily, because they knew, that the court had offered to the high-men in the house of commons, to carry any bill they fhould defire in that matter. earl of Nottingham promised to draw it with all poffible temper. It was thus prepared, that all perfons in places of profit and truft, and all the common-council-men in corporations, who fhould be at any meeting for divine worship (where there were above ten perfons more than the family) in which the Common Prayer was not used, or where the queen and princess Sophia were not prayed for, fhould upon conviction forfeit their place of truft, or profit, the witneffes making oath within ten days, and the profecution being within three months after the offence; and fuch perfons were to continue incapable of any employment, till they fhould depofe, that for a whole year together they had been at no conventicle. The bill likewife enacted, that' the toleration fhould remain inviolable in all time to come; and that, if any perfon fhould be brought into trouble for not having obferved the rules that were prescribed by the act, that first granted the toleration, all fuch profecution fhould ceafe, upon their taking the oath prefcribed by that act and a teacher in any one country was by the bill qualified to ferve in any licensed meeting in any part of England; and, by another claufe, all, who were concerned in the practice of the law in Scotland, were required to take the abjuration in the month of June next. This bill was brought into the houfe of lords on the 15th of December, and, no oppofition being made to it, they paffed it in three days, and fent it down to the commons, who read it immediately the first time, and gave it a fecond read-. ing the next day; and on the 20th of December, a petition being offered to the house in behalf of the Dutch and French

proteftant

1711. proteftant churches, praying, they might be excepted from the restraints laid by this bill upon English diffenting congregations: the petition was rejected. After which the commons, in a committee of the whole houfe (which that morning was very thin) made feveral amendments to the bill, particularly the addition of a penalty on the offender of forty pounds, which was to be given to the informer. These amendments being immediately reported and agreed to, the bill was fent back to the peers, who the fame day fent down a meffage to the commons, to acquaint them, they had agreed to these amendments (z). Great reflections were made on the fate of this bill, which had formerly been fo much contefted, and was so often rejected by the lords, and now went through both houses in fo filent a manner, without the least oppofition. Some of the diffenters complained much, that they were thus forfaken by their friends, td whom they had trufted; and the court had agents among them, to inflame their resentments, fince they were facrificed by those, on whom they depended. All the excuse, that the whigs made for their eafinefs in this matter, was, that they gave way to it, to try how far the yielding it might go towards quieting the fears of thofe, who feemed to think that the church was ftill in danger, till that act paffed, and thereby to engage these to concur with them in thofe important matters, that might come before them (a).

On

(z) The diffenters (fays years exclufion from the public Boyer) being juftly alarmed churches, by the act of uni

So

at this bill, did, the fameformity, during the one half morning, make application to the earl of Oxford, lord high< treasurer, humbly befeeching his lordship to use his powerful intereft to prevent the paffing of it: but though his lordship, with most of his family, had, for the greatest part of his life, • joined in communion with the prefbyterians; yet, on this occafion, he thought fit to facrifice his religious principles to his political views; and fo the • diffenters were left in the - lurch.'

(a) Dr. Calamy, in his historical additions, fays, on this occafion : Thus, after fifty

of which they were expofed to great rigours and feverities, though, during the other half, they have had more liberty, are the poor diffenters exclud⚫ed the fervice of the ftate. far are we from any hopes of a coalition, which has been fo often talked of, that nothing ⚫ will do but an entire fubmiffion. • Confciences truly fcrupulous may indeed ftill have their liberty but they, that would be capable of any places of profit or truft, muft quit the meetings after March 25, 1712; and they, that in all times and changes adhered to the true intereft

mons ad

On the 22d of December, the queen being indifpofed, 1711. the lord-keeper and the lord-prefident, and other lords, w were commiffioned to país the land-tax bill for four fhillings The comin the pound, which was ready for the royal affent, with journ to the the bill against occafional conformity. After which, the 14th of Jacommons adjourned to the 14th of January, which was a nuary. long recefs at so critical a time.

addrefs

about the

peace.

Before the lords adjourned, a motion was made by the The lords duke of Devonshire, for leave to bring in a bill to give the electoral prince of Hanover, as duke of Cambridge, the precedence of all peers; which was granted, and fo was Pr. H. L. likely to meet with no oppofition. The earl of Nottingham moved next, that, before their recefs, they fhould make an addrefs to the queen, defiring, That her majefty would be pleased to give inftructions to her plenipotentiaries, to ⚫ confult with the minifters of the allies in Holland, before the opening of the congrefs, that they might concert the necessary measures to preferve a ftrict union amongst them all, the better to obtain the great end propofed by her majefty, for procuring to them all juft and reasonable fatiffaction, and for rendering the peace more fecure and lasting, which could only be effected by a general guaranty ❝ of the terms of the peace to all the allies, and of the pro* teftant fucceffion to thefe kingdoms, as fettled by act of ' parliament.' All the oppofition, which the court made to this, was to fhew that it was needlefs, fince it was already ordered; and the lord-treasurer faid, that the lords might, in order to their fatisfaction, fend to examine their inftructions. To this, it was answered, that the offering fuch an address would fatisfy the plenipotentiaries, in executing their inftructions. The court moved, these words might be put into the addrefs, in cafe her majesty had not already given fuch orders;' which being agreed to, the addrefs was prefented on the 27th of December, and the lords adjourned no longer than to the 2d of January, which, as well as the addrefs, was no fmall furprize to the queen and her minifters.

Marlbo

During the recefs it was, that the duke of Marlborough The duke of was discharged from all his employments. In order to this, rough turn'd all the methods, that malice and envy could invent, were out of all his

employ

ments on

• fons have other thoughts pretence of of this matter, than while in bribery. the heat of action.'

E e

Pr. H. C.
Burnet.

ufed