Queen Anne's last surviving child, William, Duke of Gloucester, had died in 1700, and both parliaments needed to find a Protestant successor.

The response of the Scottish Parliament was to pass a bill in 1703[1] requiring that, on the death of Queen Anne without issue, the three Estates of the Parliament were to appoint a Protestant successor from the descendants of the Scottish kings, but not the English successor unless various economic, political and religious conditions were met.

The bill was refused royal assent by the Lord High Commissioner to the Parliament of Scotland.

The following year, 1704, the bill became an act after the Scottish Parliament refused to raise taxes and sought to withdraw troops from the Duke of Marlborough's army in the War of the Spanish Succession unless royal assent was given.

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