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Prayers said. The rolls called.
The act for security proceeded in, and the draughts of the two clauses offered the former sederunt given in by the respective members with some variation; and it being moved that the question might be stated, whither the first or the second clause of these two should be considered, after some debate the question was accordingly stated, first or second, and carried that the first clause should be considered. Whereupon an amendment being offered to the first part of the clause, it was agreed to without a vote, and an amendment offered to the second part of the clause being in like manner acquiesced to the clause was adjusted in the terms following viz: 'provideing alwayes that the same be not the successor to the crown of England unless that in this present session of parliament and any other session of this or any ensueing parliament dureing her majesties' reign, there be such conditions of government settled and enacted as may secure the honour and sovereignity of this crown and kingdom, the freedom, frequency and power of parliaments, the religion, liberty and trade of the nation from English or any forreign influence, with power to the said meeting of estates to add such furder conditions of government as they shall think necessary, the same being consistent with and no wayes derogatory from these which shall be enacted in this or any other session of parliament dureing her majesties' reign: and farder, but prejudice of the generality foresaid, it is hereby specially statute, enacted and declared that it shall not be in the power of the said meeting of estates to name the successor of the crown of England to be successor to the imperial crown of this realm, nor shall the same person in any event be capable to be king or queen of both realms unless a free communication of trade, the freedom of navigation and the liberty of the plantations be fully agreed to and established by the parliament and kingdom of England to the kingdom and subjects of Scotland at the sight and to the satisfaction of this or any ensueing parliament of Scotland or the said meeting of estates'. And then the vote was stated, add the clause to the act or no.
But before asking the vote the marquess of Annandale, lord president of the privy council, and the duke of Argyle, for themselves and all that should adhere to them, declared their dissent to the clause and thereupon took instruments desireing their dissent should be marked, to which dissent the earls of Crauford, Lauderdale, Leven, Kintore, Melvill and Hyndford, the lords Elphinstoun and Ross, the laird of Prestoungrange, Sir Gilbert Elliot, the laird of Cavers, Mr Francis Montgomery, Sir James Campbell, Sir Patrick Johnstoun, Walter Steuart of Pardovan and Hugh Montgomery adhered.
The viscount of Tarbat, lord secretary, in like manner declared his dissent from the clause in so far as it might derogat from the freedom and priviledges of parliaments or meetings of the estates in their legal established constitution by the laws of the kingdom. And the vote being thereafter asked, add or no, was carried in the affirmative.
The lord chancellor, by order of her majesties' high commissioner, adjourned the parliament till Wednesday next at ten a clock.