Then came a General Election (1703), which gave birth to the last Scottish Parliament.  The Commissioner, Queensberry, and the other officers of State, “the Court party,” were of course for Union; among them was prominent that wavering Earl of Mar who was so active in promoting the Union, and later precipitated the Jacobite rising of 1715.  There were in Parliament the party of Courtiers, friends of England and Union; the party of Cavaliers, that is Jacobites; and the Country party, led by the Duke of Hamilton, who was in touch with the Jacobites, but was quite untrustworthy, and much suspected of desiring the Crown of Scotland for himself.

Queensberry cozened the Cavaliers—­by promises of tolerating their Episcopalian religion—­into voting a Bill recognising Anne, and then broke his promise.  The Bill for tolerating worship as practised by the Episcopalians was dropped; for the Commissioner of the General Assembly of the Kirk declared that such toleration was “the establishment of iniquity by law.”

Queensberry’s one aim was to get Supply voted, for war with France had begun.  But the Country and the Cavalier parties refused Supply till an Act of Security for religion, liberty, law, and trade should be passed.  The majority decided that, on the death of Anne, the Estates should name as king of Scotland a Protestant representative of the House of Stewart, who should not be the successor to the English crown, save under conditions guaranteeing Scotland as a sovereign state, with frequent Parliaments, and security for Scottish navigation, colonies, trade, and religion (the Act of Security).

It was also decided that landholders and the burghs should drill and arm their tenants and dependants—­if Protestant.  Queensberry refused to pass this Act of Security; Supply, on the other side, was denied, and after a stormy scene Queensberry prorogued Parliament (September 16, 1703).

In the excitement, Atholl had deserted the Court party and voted with the majority.  He had a great Highland following, he might throw it on the Jacobite side, and the infamous intriguer, Simon Frazer (the Lord Lovat of 1745), came over from France and betrayed to Queensberry a real or a feigned intrigue of Atholl with France and with the Ministers of James VIII., called “The Pretender.”

Atholl was the enemy of Frazer, a canting, astute, and unscrupulous ruffian.  Queensberry conceived that in a letter given to him by Lovat he had irrefutable evidence against Atholl as a conspirator, and he allowed Lovat to return to France, where he was promptly imprisoned as a traitor.  Atholl convinced Anne of his own innocence, and Queensberry fell under ridicule and suspicion, lost his office of Commissioner, and was superseded by Tweeddale.  In England the whole complex affair of Lovat’s revelations was known as “The Scottish Plot”; Hamilton was involved, or feared he might be involved, and therefore favoured the new proposals of the Courtiers and English party for placing limits on the prerogative of Anne’s successor, whoever he might be.