Historical and genealogical memoirs of the House of Hamilton

160 HISTORICAL AND GENEALOGICAL MEMOIRS
james, session of Parliament was established. The second session of Parliament
ok HAMii/roN. took place 11th July 1704. On the 17th July, the Duke of Hamilton
" moved that a resolve, presented by him on the 14th, " That this Parlia-
ment will not proceed to the nomination of a successor until we have had
a previous treaty with England, in relation to our commerce and other
concerns with that nation, should be resumed into consideration." This
being done, the Earl of Rothes presented another resolve, in these terms :
" That this Parliament will go, in the first place, into the consideration
of such conditions and regulations of government as may be proper to
rectify our constitution, and vindicate and secure the independency of the
kingdom, and then the Parliament will take into consideration the resolve
offered for a treaty, previous to nomination." After some debate, Sir
James Falconer of Phesdo moved that the two resolves be conjoined, which
motion was carried against ministers, 122 to 80, 32 of the nobility in the
majority and 33 in the minority. A clay was fixed for the nomination of
commissioners to treat with England ; but the Dukes of Hamilton and
Athol refusing to concur with the Duke of Queensberry and Earl of Sea-
field, whom they wished to exclude, the opportunity of securing the ap-
pointment was irretrievably lost. On the 25th August was passed the
famous " Act for the security of the kingdom," by which the Estates of
Parliament were authorised to meet, twenty days after the death of the
Queen, to nominate and declare the successor to the imperial crown of
the realm, the said successor being always of the royal line of Scotland,
and of the true Protestant religion, providing always that the same be not
successor to the crown of England, unless, during her Majesty's reign,
there be such conditions of government settled and enacted as may
secure the honour and sovereignty of this crown and kingdom ; the free-
dom, frequency, and power of Parliament ; the religion, liberty, and trade
of the nation from English or any foreign influence. When the Princess
Sophia and her descendants were thus conditionally excluded, the next
heir of the royal line and Protestant faith was the Duke of Hamilton. The
calumny repeatedly thrown out against the family was now revived. It
was said that from this moment a gleam of royalty opened on his Grace's
mind, and the attachment he had hitherto maintained to the exiled family
was shaken by the remote prospect of a throne. — The Parliament adjourned
on the 28th of August.
In this session the Cavaliers or Country Party were joined by the Duke