1703.

tion to the court, were equally solicitous at this BOOK V.
crisis to avoid giving any cause of offence to the
leaders of the presbyterians, who could throw
the whole weight of their influence into either
scale, and who were themselves fearful of opposing
on this favorite point the voice of the general as-
sembly. In consequence, therefore, of this miser-
able and detestable bigotry, the perpetual cha-
racteristic of an assembly of pricsts, the bill was
lost-the court possessing too much discretion in
the midst of its political difficulties to involve it-
self in a theological quarrel. But the presby-
terians were not content with this odious victory
over humanity and justice; for an act subse-
quently passed, "for preserving the true reform- Odious
ed protestant religion, and confirming presbyte- adopted in
rian church-government and discipline by kirk- Presby-
sessions, presbyteries, provincial synods, and ge-
neral assemblies, as agreeable to the word of GOD,
and the only government of Christ's church
within this kingdom." And in another act in-
troduced by the duke of Argyle, ratifying the
acts of the former parliament, it was declared
high treason, by writing or speaking, or any
open act or deed, to endeavour to alter or inno-
vate the claim of right or any article thereof-
and consequently that which related to the es-
tablishment of presbyterian government in Scot-
land. It was strongly objected, that the import

Measures

Defence of

tery.

1703.

BOOK V. of such a general and peremptory clause would be of most dangerous consequence; that it was calculated to ensnare the subject, and bind up the wisdom of the government and nation itself in all succeeding ages from making such alterations and reformations as in course of time, and by variation of circumstances, should be judged necessary. Moore of Stenywood said "that the shire of Aberdeen, which he had the honor to represent, was of the episcopal persuasion; and he desired to know whether, in case this act should pass, his countrymen could address the sovereign or parliament for a rectification of the present establishment, without incurring the penalties of high treason." To this sir William Hamilton of Whitlow answered, "that the act in contemplation did not indeed preclude addressing for a toleration; but he acknowledged, if it passed into a law, a declaration that the presbyterian government was wrong, and that episcopacy ought to be restored, would amount to high treason." The question for approving was at length carried in the affirmative, though sixty members voted against it; amongst whom, it is recorded to their honor, were several presbyterians: whilst on the other hand the ministers and their dependents supported the measure-the lords Athol and Tarbat excepted, who disdained so disgraceful a condescension.

Termina

After a long and tumultuous session, the lord Book v. commissioner, full of chagrin and vexation, ad- 1703. journed the parliament to the 12th of October, tion of the 1703. "We were often," says a distinguished Session. member of this assembly," in the form of a Polish diet, with our swords in our hands, or at least our hands on our swords." During the recess, the marquis of Athol was created a duke, and viscount Tarbat earl of Cromartie-with a view to prevent their total secession from the court, which thus paid an involuntary homage to their firmness and sincerity. At this period the queen order of revived the ancient order of the Thistle, which revived. king William, regarding such distinctions with indifference or contempt, had suffered to fall into disuse; and the vanity of the Scottish peerage was gratified in a mode which imagination may easily elevate to consequence, and which is at least unexpensive and innocent.

the Thistle

Scottish

Parliament

vened.

After various prorogations, the parliament of Scotland was again convened at Edinburgh, July again con the 6th, 1704. In the interval new counsels were 1704. adopted by the English cabinet, a manifest indication of which appeared in the appointment of Mr. James Johnston, late secretary of state for Scotland in the reign of king William, to the office of lord register; and who was now taken

*Sir JOHN CLERK's Manuscript Memoirs.

1703.

tion and Sa

gacity of

the Court.

BOOK V. into the intimate confidence of lord Godolphin. And the marquis of Tweeddale, whose character commanded the respect of all parties, was constituted high commissioner in the room of the duke of Queensberry, whose ambiguous policy had proved so unsuccessful. The royal letter was framed in terms of remarkable temper and abiModera- lity. "The main thing," said her majesty, "that we recommend to you, and with all the earnestness we are capable of, is the settling of the succession in the protestant line, as that which is absolutely necessary for your own peace and happiness, as well as our quiet and security in all our dominions, and for the reputation of our affairs abroad, and consequently for the strengthening the protestant interest every where. This has been our fixed judgment and resolution ever since we came to the crown; and though hitherto opportunities have not answered our intentions, matters are now come to that pass, by the undoubted evidence of the designs of our enemies, that a longer delay of settling the succession in the protestant line may have very dangerous consequences and a disappointment of it would infallibly make that our kingdom the seat of war, and expose it to devastation and ruin. to the terms and conditions of government, with regard to the successor, we have empowered our commissioner to give the royal assent to what

As

ever can in reason be demanded, and is in our BOOK V. power to grant, for securing the sovereignty and liberties of that our ancient kingdom."

1703.

can Party

Fletcher of

No sooner had the session commenced, than the duke of Hamilton, leader of the Jacobite party, presented a resolve, "that this parliament would not proceed to name a successor to the crown until the Scots had a previous treaty with England in relation to commerce and other concerns." This was supported by all the eloquence Republiof the celebrated Fletcher of Saltoun, head of the headed by republicans, who represented with great ardor Saltoun. and animation the hardships and miseries which the Scots had suffered since the union of the two crowns; and the impossibility of meliorating their condition without adopting measures to dissolve a connection which had proved so fatal. "Better, said this high-minded patriot, that a popish prinee should succeed to the throne, under such limitations as may render the nation free and independent, than the best protestant without limitations. If we live free, it is indifferent to me provided these limitations are enacted, whether a successor from Hanover or St. Germaines be named to the throne." The genius of His Chathis extraordinary man, whose memory is still by the stern partisans of democratic freedom revered and cherished as the last of the Scots, appears to have been actuated by a sublime enthusiasm, en

racter.