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Prayers said, rolls called.
Minuts of the last sederunt read.
Then the parliament proceeded upon a draught of the act for a treaty with the kingdom of England, and the act read. Also the clause presented by the duke of Atholl relative thereto read, and moved that the same be added to the act.
Moved that the first part of the said clause rescinding that part of the English act declareing the subjects of Scotland to be aliens after the 25th of December 1705 be first under the parliament's consideration, which was agreed to.
Thereafter moved that the act for a treaty be plain and simple without qualities, and that the sentiment of the nation concerning the clause in the English act declareing the subjects of Scotland to be aliens be considered in a separat way than by this act of treaty.
After reasoning, it was agreed to by the estates of parliament that the clause in the English act declareing the Scots aliens be rescinded before the treaty of union commence.
Thereafter the clause given in be the duke of Atholl read, being in these terms: provydeing alwayes that the saids commissioners shall not goe forth of this kingdom to enter into any treaty with these to be appointed for England untill there shall be ane act past be the parliament of England rescinding that clause in the English act by which it is enacted that the subjects of Scotland shall be adjudged and taken as aliens after the 25th of December 1705. And a vote was thereupon stated, add the clause to this act or doe it by a separat way.
Before voteing, the duke of Atholl gave in a protestation in these terms: In regard that by ane English act of parliament made in the last session thereof intituled 'Act for the effectual secureing the kingdom of England from the apparent dangers that may aryse from several acts lately past in the parliament of Scotland', the subjects of this kingdom are to be adjudged aliens born out of the alleadgeance of the queen as queen of England after the 25th of December 1705, I doe therefore protest for my self and in name and behalf of all who do adhere to this my protestation that for saveing the honour and interest of her majasty as queen of this kingdom and mantaining and preserveing the undoubted rights and priviledges of her subjects, no act for a treaty with England ought to pass in this house unles a clause be adjected thereto prohibiting and dischargeing the commissioners that may be nominat and appointed for carrieing on the said treaty to depart the kingdom in order thereto untill the said clause be repealled and rescinded by the parliament of England, and doe therefore desyre this my protestation may be marked and recorded in the records of parliament. Which protestation being read, the said duke of Atholl did take instruments thereupon, and the same was adhered to by the persons following, viz: for the nobility, the duke of Hamilton, the marquesses of Montrose and Tweeddale, the earles of Erroll, Marishall, Rothes, Home, Wigtoun, Strathmore, Roxburgh, Hadingtoun, Selkirk, Aberdeen, Ruglen and Bute, the viscount of Stormont, the Lord Saltoun, the Lord Semple, the Lord Balmerinoch, the Lord Blantyre, the Lord Pitsligo, the Lord Belhaven, the Lord Colvill and the Lord Kinnaird; for the barons, George Lockhart of Carnwath, Sir James Foulis of Colingtoun, Sir Robert Sinclair of Longformacus, Sir John Swintoun of that ilk, Sir Patrick Home of Renton, George Baillie of Jerviswood, John Sinclair, younger, of Stevenstoun, Mr Alexander Ferguson of Isle, John Brisbane, younger, of Bishoptoun, Mr William Cochran of Kilmaronnock, Sir Humphray Colquhoon of Luss, Sir John Houstoun of that ilk, John Grahame of Cullairn, James Grahame of Buchlyvie, Robert Rollo of Powhouse, Sir Patrick Murray of Auchtertyre, John Murray of Struan, Sir David Ramsay of Balmain, Alexander Gordon of Pitlurg, John Udney of that ilk, James More of Stonywood, Lodovick Grant of that ilk, David Bethune of Balfour, Major Henry Balfour of Dunboig, Robert Douglas of Strenry, Mr Patrick Lyon of Auchterhouse, Mr James Carnegy of Phinhaven, James Halyburton of Pitcurr, David Grahame, younger, of Fintry, James Ogilvy, younger, of Boyne, Alexander Duff of Braco, Alexander McGhie of Palgoun, Sir George Sinclair of Klyth, James Sinclair of Stempster, Mr Alexander Abercrombie of Tilliebody, Mr George McKenzie of Inchcouter and Mr Eneas McLeod of Catboll; for the royall burrows, Alexander Robertson, Alexander Watson, Alexander Edgar, Patrick Bruce, Alexander Duff, Sir John Erskine, James Spittle, Francis Moliesone, Sir Peter Hackat, John Hutcheson, Mr William Sutherland, Mr John Lyon, Mr Dugall Stewart, Sir Robert Anstruther, Mr John Carruthers, George Home, Mr James Bethune and Mr Robert Frazer.
Then the vote was stated add the clause to this act or doe it by a separate way, and carried by a separat way.
Moved that the parliament now proceed to consider the way of the nomination of the commissioners for the treaty, whither the same shall be left to her majestie or be done by the estates of parliament.
Also moved that it being now late the furder proceeding on this act be delayed till the nixt sederunt; and the vote being stated proceed on this act or delay, carried proceed.
Thereafter the vote was stated leave the nomination of the commissioners to the queen or to be done by the estates of parliament, and carried to be left to the queen.
Then the act again read and put to the vote approve or not,
Before voteing, the duke of Atholl protested against approveing the act in respect of the reasons contained in his former protestation, which was also adhered to by the persons following: for the nobility, the marquesses of Montrose and Tweddale, the earles of Erroll, Marishall, Rothes, Home, Wigtoun, Strathmore, Roxburgh, Hadintoun, Selkirk, Aberdeen and Ruglen, the viscount of Stormount, the Lord Saltoun, the Lord Semple, the Lord Balmerinoch, the Lord Blantyre, the Lord Pitsligo, the Lord Belhaven, the Lord Colvill and the Lord Kinnaird; for the barons, George Lockhart of Carnwath, Sir Patrick Home of Renton, George Baillie of Jerriswood, John Sinclair, younger, of Stevenstoun, Mr Alexander Ferguson of Ile, John Brisbain, younger, of Bishoptoun, Mr William Cochran of Kilmaronnock, Sir Humphray Colquhoon of Luss, Sir John Houstoun of that ilk, John Grahame of Cullairn, James Grahame of Buchlyvy, Robert Rollo of Powhouse, Sir Patrick Murray of Auchtertyre, John Murray of Struan, Alexander Gordon of Pitlurg, John Udney of that ilk, James Moir of Stonywood, Lodovick Grant of that ilk, David Bethune of Balfour, Major Henry Balfour of Dunboog, Robert Douglas of Strenry, Mr Patrick Lyon of Auchterhouse, Mr James Carnegy of Phinhaven, James Halyburton of Pitcurr, David Grahame, younger, of Fintrie, James Ogilvie, younger, of Boyne, Alexander Duff of Braco, Alexander Maghie of Palgown, Sir George Sinclair of Klyth, James Sinclair of Stempster, Mr Alexander Abercrombie of Tilliebodie, Mr George McKenzie of Inchcouter and Mr Eneas McLeod of Catboll; for the royall burrows, Alexander Robertson, Alexander Watson, Alexander Edgar, Patrick Bruce, Alexander Duff, Sir John Areskine, James Spittle, Sir Peter Hackat, Francis Moliesoun, John Hutcheson, Mr William Sutherland, Mr John Lyon, Mr Dougall Stewart, Sir Robert Anstruther, Mr John Carruthers, George Home, Mr James Bethune and Mr Robert Frazer.
Then the vote was stated approve the act or not, and carried approve.
Then the lord chancellar, by order of her majesties high commissioner, adjourned the parliament till Tuesday nixt at ten of the cloak.
Seafield, cancellar[ius], I.P.D. p[arliamenti]