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XI.

1703.

poned, to prevent a sudden prorogation, till an BOOK act for the security of the kingdom were prepared. In the event of the queen's death, it was proposed that the parliament then existing, or if dissolved, that the last parliament should assemble within twenty days, during which the government was to be lodged with the privy council and such of the estates as repaired to town. Papists, aliens, Englishmen invested with a peerage, without an adequate estate in Scotland, were excluded from a parliament which was intended to provide for the demise of the crown. If no issue of the queen existed, and if no heir were already appointed to the throne, the estates were directed to name a successor, of the royal line and the protestant faith; but it was carefully provided, that the same person should not succeed to the throne of England, unless such conditions of government were previously framed, during her majesty's reign, as might secure from English, or from foreign influence, the honour and independence of the crown and kingdom; the freedom, frequency, and authority of parliament; the religion, liberty, and trade of the nation. An additional clause, proposed in opposition to these limitations, was adopted in the act; that the same person should be incapable of succeeding to both kingdoms, unless a free communication of trade, the benefits of the navigation act, and the liberty of the plantations, were also obtained. The commissions of the officers of state

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1703.

BOOK and of the military commanders, were to expire with the sovereign, to prevent the existence, or the influence of an English government during the interregnum; the inhabitants fit for arms. were ordered to be uniformly armed, and regu larly disciplined once a month; and by a separate act, the prerogative of declaring peace and war, was to be exerted by the sovereign with consent of the estates; from an obvious design, that if the concessions expected from England were ever revoked, the nation might refuse to concur in its continental wars.

Debated.

Arguments for,

Never was an act so violent, adopted in Scotland with more deliberation, or opposed by more artful interruptions and delays. Each clause was debated and voted as a separate act. As the estates were seldom permitted to meet till evening, or to sit above once every third day, three months were consumed on the act, that the members, wearied and exhausted by attendance, might return to their homes". But the independence of Scotland had created the deepest interest in the nation; and the act of security was supported with a spirit and eloquence which hitherto the parliament had not displayed.

As the present settlement of the crown expires with the queen, nothing less, said the advocates for the act, than the supreme power inherent in the estates, can prevent the dissolution of the moProceedings of Parl. 1703.

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narchy on her death. The government then re-
verts to the same situation in which it was placed
at the revolution. The estates are then entitled
to declare a successor, or they may anticipate at
present the declaration of a successor; much more
with the consent of the reigning sovereign, are
they entitled to prescribe future limitations for
the vacant throne. That limitations are necessary,
nay indispensable for the public security, is ob-
vious from the situation of a Scottish prince on
the throne of England, whose prerogative must
ever be subservient to the inclination of the court,
and to the interest of the nation in which he rea
sides. While a limited monarch, he must consult
the interest of the English parliament; but if ab-
solute, his Scottish prerogative would still be ex-
ercised by the administration of England, to
which the ministers for Scotland must submit im
plicitly, whether to procure or
offices and emoluments of state.
as long as the disposal of places belongs to the
king of England, the government is devoted, like
a conquered province, to English councils; that
the interests of Scotland have been uniformly sa-
crificed, and the nation bribed and betrayed at its
own expence. A few votes may dissolve this in-
glorious servitude; and no alternative remains,
but to separate from England under a different
successor; unless, by previous limitations, the
disposal of all offices, pensions, and places of trust,

to preserve the

Thus it is, that

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1703.

BOOK be transferred to the estates. It is not the prerogative of a Scottish prince, but of an English minister, that is transferred, or more properly an ancient privilege that is restored to parliament. The resources of the nation will not then be exhausted at the English court, when places and pensions are conferred by the estates. The meetings of parliament will neither be obstructed nor interrupted by English councils, nor its acts deprived of the royal assent; but the grievances of the nation will be redressed by the execution of its own laws. To secure the independence of government is not alone sufficient, except by another limitation, annual elections at Michaelmas, and an annual parliament, to be held in winter, shall prevent the corruption of the estates themselves. But in vain would they provide for the security and independence of the kingdom, unless these and other limitations, under which they shall receive the same successor with England, are supported by arms. If the nation is too poor to sustain a military establishment, let it be remembered that the possession of arms is the proud distinction between a freeman and a slave. To remain unarmed till the queen's death, is to be reduced to servitude; and when the alternative of a separation from England has been once suggested, there is no protection nor safety for Scotland, unless the people are armed 12.

12 Proceedings of Parl. 1703. Ridpath's Proceedings of Parl. Fletcher's Speeches.

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and against

The opponents of the act of security argued, BOOK that the influence of English counsels, which was too visible to be seriously denied, was the unavoidable result of the union of the crowns. The it. same influence had subsisted ever since the accession; nor was it less necessary to preserve an unity of counsels than a good understanding between the kingdoms, to which much mischief might otherwise accrue, were the measures adopted in Scotland hostile to the interest or the tranquillity of England. Nothing but an incorporating union could exempt the Scots from this necessary dependence; but the act of security was calculated to separate, and to involve the two nations in an unequal war. When the disposal of all places, civil and military, the nomination of judges, privycounsellors, and officers of state, are conferred on parliament, nothing remains for the successor but the name of king. The executive and judicial powers are transferred from the sovereign, the centre of union between the kingdoms, to a committee of estates; and the principle that unites the two kingdoms under the same monarch, is thus dissolved. But if the English should refuse to communicate a free trade, the Scots must declare for a different successor, whom they are unable either to support with dignity, or, if attacked by England, to maintain upon the throne.

Such consequences had not escaped observation; nor did the country party approve unanimously

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