July 17 1704

[Oaths taken; resolve read, amended and approved]

Prayers said, rolls called.

Sir Hary Innes, younger, of that ilk, commissioner elected for the shyre of Elgine in place of the deceast Robert Dunbar of Grangehill, did take the oath of alleadgence, subscribed the same with the assurance and took the oath of parliament.

Minuts of the last sederunt read.

The duke of Hamilton moved that the resolve given in by him might be resumed unto consideration, and, being read, after some debate thereon, another resolve was presented by the earle of Rothes and read in thir termes: resolved that the parliament will goe in the first place unto the consideratione of such conditiones and regulations of goverment as may be proper to rectifie our constitutione and vindicate and secure the soveraignity and independancie of the kingdome, and then the parliament will take into their consideration the resolve offered for a treaty previous to a nominatione. And after debeat upon both the saids resolves, moved that both the saids resolves may be conjoyned in this manner, viz: resolved that this parliament will not proceed to the nominatione of a successor untill we have had a previous treaty with England for regulating our commerce and other concernes with that nation, and farder it is resolved that this parliament will proceed to make such limitations and conditions of government for the rectificatione of our constitutione as may secure the religion, liberty and independency of this nation before they proceed to the said nominatione. And after reasoning thereon, the questione was stated proceed to the two resolves joyntly or seperatly, and carried joyntly. And thereafter put to the vote approve the two resolves joyntly or not, and carried approve.

  1. NAS. Mar and Kellie GD124/10/434, 'Journal of what past in the parliament of Scotland, 1704' - James Douglas, duke of Hamilton's resolve discussed in a long debate. Voting figures. NAS. GD90/2/172, 'Diurnalls of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of debates regarding Hamilton's resolve. Hamilton's speech given verbatim. Names his supporters and others of the Jacobite party. Also Grubbet's involvement in the debate. Grubbet laments how uncivil proceedings in parliament have become. Grubbet sent a draft of a resolve to John Ker, earl of Roxburghe for an address to the queen. John Hay, marquis of Tweeddale liked it, but it was not proceeded with. Parliament adjourned, but Hamilton left buoyed up by his performance. At a meeting of the privy council on 18 July, the queen's commissioner sent a letter to court suggesting a longer adjournment, saying he could not prevent any limitations being passed. Back
  2. NAS. PA3/7, Printed Minutes No.4, 1-2 or NAS. PA6/36,79, f.1-1v. Back
  3. NAS. PA3/7 printed minutes - 'write'. Back
[Investigation into the plot; continuation]

Moved by the duke of Atholl, lord privy seall, that her majestie, having been graciously pleased to signifie by her commissioner that the examinatione of the plot should be laid before the parliament, that his grace the lord commissioner would be pleased to wryte to her majestie to send doune the persones who were witnesses and all the papers relating to that plot as soon as possible, that that affaire might be examined to the bottom and these who were unjustly and falsly accused might be vindicate, and those who were guiltie might be punished according to their deservings.

The lord chancellor declaired, by order of the lord commissioner, that his grace had wrote and would again write to her majestie to send doune the haill evidents relating to the plot as soon as possible.

Then the lord chancellour, by order of her majesties commissioner, adjourned the parliament till Wedensday next at ten of the clock.

Seafield, cancellar[ius], I.P.D. p[arliamenti]

  1. NAS. Mar and Kellie GD124/10/434, 'Journal of what past in the parliament of Scotland, 1704' - James Douglas, duke of Hamilton's resolve discussed in a long debate. Voting figures. NAS. GD90/2/172, 'Diurnalls of the parliament of Scotland', by William Bennett of Grubbet, commissioner for Roxburghshire - Account of debates regarding Hamilton's resolve. Hamilton's speech given verbatim. Names his supporters and others of the Jacobite party. Also Grubbet's involvement in the debate. Grubbet laments how uncivil proceedings in parliament have become. Grubbet sent a draft of a resolve to John Ker, earl of Roxburghe for an address to the queen. John Hay, marquis of Tweeddale liked it, but it was not proceeded with. Parliament adjourned, but Hamilton left buoyed up by his performance. At a meeting of the privy council on 18 July, the queen's commissioner sent a letter to court suggesting a longer adjournment, saying he could not prevent any limitations being passed. Back
  2. NAS. PA3/7, Printed Minutes No.4, 1-2 or NAS. PA6/36,79, f.1-1v. Back
  3. NAS. PA3/7 printed minutes - 'write'. Back