[1706/10/211]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Minuts of the last sederunt read.
The tuenty-second article of union again read and, thereafter, the first paragraph thereof in relation to the number of the representatives for Scotland in the parliament of Great Brittain was read over again and, after long debate, a vote was stated approve of the first paragraph of the tuenty-second article or not. But before voteing, there were four severall protests given in, viz. one by the duke of Atholl, a second by the earle of Buchan, a third by George Lockhart of Carnwath and a fourth by Walter Stewart, commissioner for the burgh of Linlithgow, all against the said vote and the severall protesters took instruments thereupon.†
[1706/10/212]*[print] [email] [cite] [preceding] [following]
Wheras by my protest given in the fourth of November last befor voting the first article of the union, I did reserve liberty to renew protestations against any other articles of the treatty, and as I protested, for the reasons therin mentioned, so I do now, for my self and all others who shall adhere, protest against any vote for approving the twenty-second article of this treatty of union and against all the parts of it for these reasons: Because the peers of this realm who are hereditary members of her majesties' great councel and parliament do therby become elective, and so her majestie deprived of her born councellors and the peers of their birthright, and wheras they are at present a hundred and sixty in number, they are, by this article, reduced to sixteen, which sixteen are to be joined with the house of lords in England, whose number at present consists of above an hundred and eighty, wherby it is plain that the Scots peers share in the legislative and judicative powers in the Brittish parliament is very unequall with that of the English, tho' the one be representatives of as independent and free a nation as the other, and is therfore a plain forfeiture of the peerage of this kingdome.
And as it is the hight of injustice and against all the lawes and practicks of this and all other well governed nations to forfeit any person without a heinous crime, so it is against all law to forfeit either the peers that are now present, or those that are minors or absent, without being so much as called or cited for that end.
It is likewise contrair to the honor and true interest of her majesty and the monarchie to suppress the estate of peers who have formerly been the great supporters of the monarchie. And, it is dishonorable and disgracefull for this kingdome that the peers therof shall only have rank and precedencie next after the peers of the like order and degree in England, without regaird to their antiquity or the dates of their patents as is stipulat by the following article of this treatty.
In the next place, each shire and royal burgh within this kingdome have the number of their representatives determined by acts of parliament, whose number at present, being a hundred and fifty fyve, are by this article of the treatty reduced to fourty fyve, and to be joined to fyve hundred and threttein members in the house of commons where they can have no influence by reason of the vast disproportion of their numbers, besides that the barons and burrows of this nation, by this way of uniting, are deprived of their inherent right of being fully and individually represented in parliament both with relation to their legislative and judicative capacities.
And they are not only highly prejudged in lessening their representation, but also degraded from being members of the parliaments of this kingdome where they sitt as judges in all causes civill and criminall, to be joined to the commoners of another nation who are accustomed to supplicat for justice att the bar of the house of lords.
The barons and burrows are also further prejudged in this that, wheras now evry shire and royall burgh have their own representatives, one commissioner will herafter represent severall shires or burghs who it cannot be supposed will understand the severall interests and concerns of the saids severall shires or burghs whom he may represent. And further, for the present representatives of the barons and burrows in parliament to offer by any vote or deed of theirs to incapacitat their constituents or deprive them of any part of their inherent right, is that which their constituents may and do justly disallow, they only having their commissions with the ordinary powers of making or amending lawes and giving supplies, but nowayes to alter fundamentall constitutions or to take away or diminish their representation, which is also a plain forfeiture of their constituents of their inherent rights and undoubted priviledges, and is contrair to the fundamental lawes of this nation which are the birthright of the people therof.
From all which, it is plain and evident that this from a soveraign, independent monarchie shall dissolve its constitution and be at the disposall of England whose constitution is not in the least to be altered by this treaty, and where it is not to be supposed the Scots shall have any weight in the making of lawes, even tho' relative to their own kingdome, by reason of the vast disproportion and disparitie of their representation aforsaid.
And therfor, I do also protest that no vote may hinder nor prejudge the noblemen, barons and burrows, as now represented in parliament, to retain, brook, enjoy and exerce all their rights, liberties and priviledges, as fully and freely as hitherto they have enjoyed them. And since it evidently appears, not only from the many protests of the honourable and worthie members of this house, but also from the multitudes of addresses and petitions from the severall parts of this kingdome, of the barons, freeholders, heritors, burrows and commons and from the commission of the generall assemblie, that ther is a generall dislike and aversion to the incorporating union as contained in these articles, and that ther is not one address from any part of the kingdome in favours of this union, I do therfor further protest against concluding this and the following articles of this treaty untill her majestie shall be fully informed of the inclinations of her people, that, if her majestie think fitt, she may call a new parliament to have the immediat sentiments of the nation, since these articles have been made publick, where it is hoped they may fall on such methods as may allay the ferment of the nation, satisfie the minds of the people, and creat a good understanding betwixt the two kingdoms by an union upon honourable, just and equall terms, which may unite them in affection and interest, the surest foundation of peace and tranquillity for both kingdoms. And this, my protestation, I desire may be received and insert in the minuts and recorded in the books of parliament as an testimony of my disassent and the disassent of such as adhere to me.
[1706/10/213]*[print] [email] [cite] [preceding] [following]
Forasmuch as the changing of the right of the peers of this realm, from a constant and hereditary right to one that is elective, and the debarring all or any of them from taking place and voting in parliaments, conventions or publick councills, is subversive of the birth right and undoubted priviledge of the peers, disshonourable to the whole kingdom, and contrary to the fundamental laws and constitution thereof, as well as to all justice and equity, I doe therfor protest, for my self, and in name of all who shall adhere to this my protestation, that the forsaid right of the peers of this realm, to sit and vote in all parliaments, publick councills and conventions, doe, after the intended union with England, and notwithstanding thereof, continue in full force, and remain to them as their undoubted right and property, and that no vote pass in this house to prejudge all or any of them from claiming the same in all time coming.
Buchan.
[1706/10/214]*[print] [email] [cite] [preceding] [following]
I, George Lockhart of Carnwath, do protest for my self and in name of such other barrons as shall adhere to this my protestation, that neither this vote nor any other vote, conclusion or article in this treaty of union shall prejudge the barrons of this kingdom from ther full representation in parliament as now by law established, nor in any of ther priviledges and particularly ther judicative and legislative capacity, of which they are deprived by the terms of this treaty of union, and I crave this my protestation to be admitted and recorded.
George Lockhart.
[1706/10/215]*[print] [email] [cite] [preceding] [following]
I, Walter Stewart, protests for my self and in name and behalf of all others who shall adhear to this my protestation, that the restriction of the representatives in parliament for this kingdome, as contained in the tuenty-two article of the treaty of union, is contrair to the birthright of the peers, and rights and priviledges of the barrons and freeholders and royall burrows, and the fundamental laws and constitution of this nation. And if any vote shall pass approveing of the said article in the terms that it stands, that any such vote shall not prejudge the birthright of the peers, rights and priviledges of the barrons and freeholders and royall burrows competent to them by the lawes and constitution of this kingdome, and takes instruments upon this protestation, and desires that it may be insert in the records of parliament.
Walter Stewart.
[1706/10/216]*[print] [email] [cite] [preceding] [following]
Likeas, a fifth protest was given in by the earle of Erroll in these terms.
I, Charles, earle of Erroll, lord high constable of Scotland, doe hereby protest that the office of high constable of Scotland, with all the rights and priviledges of the same belonging to me heretablie and depending upon the monarchie, sovereignity and antient constitution of this kingdome, may not be weakened nor prejudged by the conclusion of the treaty of union betuixt Scotland and England, nor any article, clause or condition thereof, but that the said heretable office, with all the rights and priviledges thereof, may continue and remain to me and my successours, intire and unhurt by any votes or acts of parliament, or other proceedings whatsomever relative to the said union. And I crave this my protestation may be admitted and recorded in the registers and rolls of parliament.
[1706/10/217]*[print] [email] [cite] [preceding] [following]
And a sixth protest was given in by the Earle Marischall in these terms.
I, William, earle Marischall, doe hereby protest that whatever is contained in any article of the treaty of union betwixt Scotland and England shall no manner of way derogatt from, or be prejudiciall to me or my successours, in our heretable office of great marischall of Scotland in all tyme coming, or in the full and free enjoyments and exercise of the haill rights, dignities, titles, honours, powers and priviledges thereto belonging, which my ancestors and I have possessed and exercised as rights of property these seven hundred years. And I doe furder protest that the parliament of Scotland and constitution thereof may remain and continue as formerly, and I desire this my protestation to be insert in the minuts and recorded in the books of parliament, and thereupon takes instruments.
Which protestations being read, the severall protesters took instruments upon their respective protests.
[1706/10/218]*[print] [email] [cite] [preceding] [following]
And it was aggreed that the members' votes be marked and that a list of their names, as they shall vote, be printed and recorded, and that at calling the rolls the adherers to the above respective protests be marked. As also, the lord chancellor was allowed to have his name marked, printed and recorded as an approver.
Then the vote was putt, approve the first paragraph of the tuenty-second article of union or not, and it caryed approve.
And the earle of Caithnes, the viscount of Stormont, the Lord Oliphant, the Lord Balmerino, the Lord Bargany, the Lord Kinnaird, John Brisbane, younger of Bishoptoun, Sir Humphray Colquhoun of Luss, Sir Patrick Murray of Auchtertyre, John Murray of Strowan, James Ogilvie, younger of Boyn, Alexander Mackye of Palgown, James Sinclair of Stempster, Alexander Robertsone, Alexander Duff, Francis Molison, Robert Scott, Archibald Scheills, Mr John Lyon, Mr John Carruthers, George Home, John Bayne and Mr Robert Fraser adhered to the duke of Atholl's protest; Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, Sir Hugh Cathcart of Carletoun, the said John Brisbane, younger of Bishoptoun, Mr William Cochran of Kilmaronock, the said Sir Humphray Colquhoun of Luss, Robert Rollo of Powhouse, Mr James Carnagie of Phinhaven, David Graham, younger of Fintrie, and the said James Sinclair of Stempster, adhered to George Lockhart of Carnwath's protest; and the earle of Crawfurd, and the earle of Galloway adhered to the earle of Buchan's protest.
[So] in the parliament the seventh day of January 1707 a vote was stated, approve the first paragraph of the twenty-second article of union or not, and it caryed approve, and the list of the members' names as they voted approve or not (ordored to be printed) is as followes.
[1706/10/219]*[print] [email] [cite] [preceding] [following]
Approvers
Noes
[1706/10/220]*[print] [email] [cite] [preceding] [following]
Then the second paragraph of the said tuenty-second article anent the calling of the representatives from Scotland to the parliament of Great Brittain beginning thus, 'and that when her majestie etc.' and ending, 'that the names of the persons so summoned and elected shall be returned by the privy councill of Scotland into the court from whence the said writ did issue', was again read and, after some reasoning, an explanation was offered to be added after these words according to the aggreement in this treaty, viz. 'in such manner as by a subsequent act of this present session of the parliament of Scotland shall be setled, which act is hereby declared to be as valid as if it were a part of and engrossed in this treaty'. And, after further reasoning, it was moved that the way and manner of choiseing the representatives for Scotland to the parliament of Great Brittain be determined, and that a clause to that purpose be engrossed in this article. And, after debate, the vote was stated, approve of the second paragraph of the said tuenty-second article as above explained, yea or not. Whereupon, it being moved to delay the said vote till next sederunt of parliament, a previous vote was stated, proceed or delay, and it caryed proceed.
Then it was putt to the vote, approve of the said second paragraph of the tuenty and second article of union with the above explanation above insert or not.
[1706/10/221]*[print] [email] [cite] [preceding] [following]
And the clause with the explanation being thereupon again read, before voteing the earle of Abercorn gave in the following protest, viz.
I protest against the setleing the representatives of Scotland for the parliament of Great Brittain after a distinct manner from what might be appointed by the vote approveing the two and twentieth article, because I doe not see clear into what may be the consequence thereof, and thereupon he took instruments.
[1706/10/222]*[print] [email] [cite] [preceding] [following]
Then the vote was putt, approve or nott, and it caryed approve.
Then the lord chancellor, by order of her majesties' high commissioner, adjourned the parliament till to morrow at ten of the clock.