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to seize her. A number of gentlemen went aboard her as guests, and then made prisoners the captain and crew. A Scottish vessel had been taken by an English cruiser somewhere off the Malabar coast, the crew being put to death. The populace of Edinburgh hastily took up the idea that the 'Worcester' was the pirate, and demanded the trial of the 'Worcester's' officers and men. Strangely enough, Captain Green's men confessed to some acts of piracy. They were found guilty and condemned to death. The Queen wanted them to be respited, and her servants,' the Commissioner and his friends, did their best to carry out her wishes. But the popular anger was too great, and the execution of the leading officers of the Worcester' took place, amid the rejoicings of the mob, on the sands of Leith. The queen was well within her right when she expressed in her speech, at the opening of Parliament in London, her hopes for the Union in the words:

'You have now an opportunity before you of putting the last hand to a happy union of the two kingdoms which I trust will be a lasting blessing to the whole island- a great addition to its wealth and power. The advantages that will accrue to us all from a union are so apparent that I will add no more, but I shall look upon it as a particular happiness if this great work, which has been so often attempted without success, can be brought to perfection in my reign.'

The composition of the assembly at Edinburgh, whose members must be first persuaded to vote as the Queen desired before the new Constitution could come into existence, was described by Lord Leven in a long letter to Minister Harley :

'Our Parliament has been considered as of three parties-one called the Court, another the Cavalier or Jacobite party, and a third commonly called the Marquis of Tweeddale's party, or the "Flying Squadron." This last party was always small, never exceeding fifteen or sixteen. However, in former sessions of parliaments the other two parties were for the most part so near equal that this party pretended to make the majority incline to that side they pleased.'

The art of obstruction' was already in favour. Not'withstanding our majority,' he complains, we are not able to make any great progress or despatch in business, for the opposing party, by continual speaking one after another, do take up the whole day, so that frequently the House is 'forced to adjourn the debate till next day, and so whole days are spent without being able to come to one vote.' When the young Commissioner arrived he had need of more patience than was compatible with his fiery nature.

He saw the opponents of the Union in many places of trust, and at once told Godolphin :

'I have obeyed the Queen's commands in consulting with such of her Majesty's servants whom I could trust about her affairs in this kingdom, and I find them perfectly of the opinion I always entertained that this Government would never recover its strength but be ever feeble so long as it was not of a piece. We were agreed that it was impossible the Queen's service could be carried on by any other method than by her Majesty being pleased to lay aside the New Party, as they are pleased to call themselves, and put their places in the hands of such as have always been firm to a Revolution, and have ten times the interest and fifty times the inclination to serve her Majesty. . . . An unfaithful friend is much abler to undo a man than an open professed enemy. For some months past they have barefacedly been laying up stores for opposition, their whole behaviour having tended to put the nation in a flame, and make the Queen's business as impractical as possible; their unmerciful violence in the unlucky affair of Captain Green and his crew, from first to last, may be of a consequence to the two nations greatly to be regretted.. We now propose to make vacant the places of the Marquis of Tweedall, the Earl of Roxburgh, the Earl of Rothisy, the Lord Belhaven (this was the Earl who made so striking a speech against the Union), the Lord Selkirk. We hope we shall agree as well in the persons to be employed as we have done in the removing the others. We have just now had a council, and have carried a reprieve for the rest of Captain Green's crew. My Lord Tweedall, upon a proposition to print the trial (of the crew of the Worcester') for the satisfaction of such as were not well acquainted with the matter, told us he did not think we were obliged to justify our proceedings, and Gerviswode spoke twice in order to suppress information the council had received that Hayes (one of the crew) had 2001. offered him to confess the pyracy, and to prevent the prisoners having a shilling a day allowed them to keep them from starving.'

The confession of piracy by some of Green's crew was inexplicable, for they were only accused of attacking a ship they had never seen, and they went out of their way to confess to another crime of which they were not even charged. The Queen's anger at the violence of the people was only allayed by full reports of the trial, after which it was evident that they were little but pirates.

In May the Duke becomes very impatient that the persons. he had designated for removal were not dismissed :

'The encouragement those gentlemen have received from the Queen's unwillingness to part with them, which I can assure your Lordship has occasioned its being said in all public places about this town, that though the Queen should for some reason lay the new party aside during the Parliament, it was plain they were her favourites, this,

together with the irrevocable loss of time, makes it improbable we should be able to do the Queen's business now.'

A few days later he writes :

The arms of all the troops in this kingdom (Scotland) except the Horse Guards are very insufficient, and we have almost no ammunition, so that unless the Queen be pleased to send down some arms and ammunition her troops here will be of little use.'

At the end of the same month, he is so disgusted with the apparent favour shown to the new party, his enemies, that he threatens to resign the High Commissionership, for I 'am obliged to venture the ruin of my estate by being obliged in the meantime to lay out great sums of money which, I 'believe everybody will believe, I shall not receive in haste ' of the public.'

In June he complains that the Duke of Queensberry has not received the post of Treasurer. He also advises that Lord Ross get no post unless he makes his son-in-law attend. Parliament::

'I think it for her Majesty's service that she should be pleased to sign a warrant to empower me to give three of the Green Ribbons to the Marquis of Lothian, Earl of Marr [the same who, ten years later, was to command the Stuart forces against the Duke in the field], and Earl of Haddington, and the fourth, my Lord Chancellor, both the secretaries and myself think it will be for the honour of the order that it be given to the Earl of Orrary.'

At the end of the same month he reports:

'I have had occasion lately to discourse with several of the opposing party who all say, almost in the same words, they would have gone into a treaty (of Union) and given the Queen cess [taxes for support of Government, &c.], if the measure of the succession [to the Crown] had been put off until next session of Parliament, and if in the treaty England had granted anything that way reasonable, they would then have gone into the succession, but since her Majesty has pressed the succession before a treaty has been set on foot to regulate matters between the two kingdoms, they will go into neither. I find that not granting 10,0007. or 12,000l. to pay arrears of pensions has lost the Queen above twenty votes.'

In July the Duke suggests that one of the Queen's friends should propose―

'that they consider the limitations and conditions of government which may be judged proper for the next successor in the Protestant line, and as soon as the opposing party offer their Resolve, which was to proceed before all other business to the consideration of the state of the nation in relation to Trade and Coin, that then Lord Annandale should speak against Resolves in general, but if the House be inclined

to proceed in that method, we should change the Proposal into a Resolve of the Parliament that we consider the succession, and remit the state of the nation in relation to Trade and Coin to a committee. It was agreed to, and Lord Annandale offered the Proposal, and my Lord Marshall offered the Resolve of the opposing party. I must say my Lord Annandale managed the affair most abominably, for he never added the clause at the end till the moment before the vote, so that a great many had not time to comprehend it and the rest did not so much as hear it, by which mismanagement it proved of no effect, whereas otherwise it might have gone a great way towards taking away the force of the popular resolve. At last the House determined that Lord Marshall's resolve should be turned into a proposal, and that there should be two votes-first, which of the proposals should be - received, which was put to the vote, and Lord Marshall's was carried; next, if that proposal should be gone into only by way of overture excluding no other business, or if it should be by way of resolve, excluding all other business, till it was definitely finished. We carried it should be by way of overture only. . . . I dare not venture to offer my opinion further than to warn your Lordship not to have great regard to what advice may be offered by my Lord Annandale. I know perfectly well he has no other aim than to promote the miscarrying of her Majesty's affairs, hoping that if this Parliament should. rise in confusion, he might find his own account in it. I have taken no notice to him that I have found him out, but so soon as we meet before your Lordship I shall let him know what I have to say against

him.'

On August 1 he has further troubles to speak of. He introduced an Act for a Treaty of Union, following advice from London. On the last day of July they

'pressed a first reading to the Act for a treaty [of union], and the opposing Party pressed the Parliament's going upon the limitations. At last the question was put-proceed to the Treaty, or to limitations, which last was carried by three votes. Now, my Lord, I think it my duty to say, in the first place, the New Party, as they are pleased to call themselves, joined violently in with the opposing party, and Sir John Hume, who is a Lord of the Treasury, the Earl of Marchmont, who has a pension of 4007. a year, the Lord Terfichen, who has a company in the army, all voted against the Queen, and my Lord Lauderdale, who has a post in the Mint of 600l. a year, besides his post in the session, and the Earl of Glencairn, who is a lieutenant-colonel, would not come to the House, and Mr. Bennit, Muster Master, which is a very profitable post, notwithstanding that I spoke to him three or four times in relation to this measure, thought fit not to vote towards the end of the debate in answer to some of the New Party who were bawling for the Limitations. The Earl of Glasgow asked what the limitations were. If the design were only to enact them without settling the succession, that then he hoped they would rather proceed to a treaty. Did they desire to name the successor? To which the Duke of Hamilton answered with a loud "No." In short, yesterday's

vote showed who were for supporting her Majesty's government and maintaining the peace of the nation, and who aim at nothing but confusion. Though the Earl of Cromartie did himself vote for the treaty, three or four of those who do as much depend upon him as any servant of his family, all voted against it. The night before the treaty was brought in he gave assurances in the most solemn manner, not only for himself but for his dependants, so that if her Majesty be pleased to make an example of him to frighten others from acting so knavish a part for the future, I am confident will be a great discouragement to those who serve her Majesty honestly and firmly. I called her Majesty's servants together and they did agree unanimously to allow the Parliament to sit some time that we might try if we could retrieve the treaty, and endeavour to procure a maintenance for the forces. Both Lord Justice Clerk's son and son-in-law voted against the Queen, though I believe he undertook for their behaviour to your Lordship.'

The Limitations' of which so much was heard at this time were Acts' passed at the Duke of Hamilton's instance. These provided that the Scottish Estates of Parliament should retain the power of appointing the officers of state, privy councillors, and lords of session (judges) after the Queen's death. Another Act provided triennial Parliaments, to commence in 1708. Then, again, Scottish ambassadors were to be appointed to be present when the Sovereign was in treaty with foreign princes. These were the principal provisions, but none received the royal assent.

In August the Duke inquires what her Majesty's wishes are in case the treaty be rejected altogether:

--

'Most part of people here are stark mad and do not themselves know what they would be at. Some proposed t'other day in Parliament to limit the successor (to the Crown) by a claim of right, which they pretended a vote of Parliament was sufficient to finish without the Royal assent. This the Dukes of Hamilton and Athole went violently into, and said we could have no other security for our limitations, for that though we had ever so many Acts of Parliament, English influence and English bribery would take them off; and when they found the House did not go into so absurd a proposal, they proposed the limitations should take place in the Queen's own time.'

Four weeks later the treaty was brought in, and the Opposition made delay :

'Being divided, some were against treating on any terms, and others for not treating until the English Act should be rescinded, and came to no vote. The opposing party depend mostly upon shifting of business, knowing that the funds of the army being run out a delay is equal with a refusal. The Duke of Hamilton asked a question some time ago, talking of the clause in the English Act declaring the Scotch aliens, he desired to know that if we were to be no more naturally

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