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1709.

narchy on her death. The government then re- BOOK 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 resides. 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 to preserve the offices and emoluments of state. Thus it is, that 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 sacrificed, and the nation bribed and betrayed at its own expence. A few votes may dissolve this inglorious 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,

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1703.

The meet

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. ings 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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1703.

and against

The it.

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. same influence had subsisted ever since the accession; nor was it less necessary to preserve an unity of ounsels 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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1703.

BOOK of the proposed limitations. In these limitations the settlement obtained from Charles I. was re vived; that the privy-council and officers of state should be named by the king, with consent of parliament, which was then considered as a full security for the religion and liberties of an inde pendent nation 13, Whatever are the is with which it is pregnant, whether it tends to dissolve the union, or to relax the sinews and strength of an empire, we must acknowledge that to preserve the independence, or to prevent the discontent of an united kingdom, not incorporated under the same legislature, there seems to be no method but to submit the domestic administration to the choice or consent of the estates. That constitu tional control on the executive, which the legisla. tive power should possess, is lost wherever the administration is supported by external influence; and to restore an equality to parliament, additional limitations are necessary, if not an express consent to the appointment of ministers, Accordingly, the same limitations were first adopted at the treaty of Edinburgh, in the reign of Mary, to preserve the nation from the influence of French councils during her marriage with Francis II.

But the court party were adverse to every limi tation on the crown, Their opposition was inef fectual; but when the act of security was carried by a majority of fifty-nine votes, the royal assent 13 Burnet, v. 224.

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was expressly refused. A bill was introduced by BOOK the earl of Marchmont, to establish the succession, under the proposed limitations, in the princess 1703. Sophia; but the settlement of the crown was premature, and acceptable to no one. The parliament was prolonged in expectation of supplies; and the prohibition against French wines was repealed, in order to restore the customs. But the members were exasperated at the refusal of the royal assent to the act of security; and on the question, liberty or subsidy, they determined, after a fierce and tumultuous debate, to proceed next day to the limitations on the crown. Some denied the authority of the royal negative, introduced since the restoration. Others professed their resolution to die free rather than to live slaves, and threatened to assert the privileges of parliament sword in hand 14 "Better," said Fletcher, "that a popish prince "should succeed to the throne under such limita"tions as may render the nation free and inde"pendent, than the best protestant without limi"tations, If we live free, it is indifferent to me,

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provided these limitations are enacted, whether . a successor from Hanover or St. Germains be "named to the throne." The commissioner, intimidated by their violence, despaired of success,

14 Lockart, 57. Boyer's Annals, ii. 57. "We were often "in the form of a Polish diet, with our swords in our hands, "or at least our hands on our swords." Sir John Clerk's Memoirs, MS.

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