Minutes of the last sederunt read.
Archibald Douglas of Cavers, one of the commissioners for the shire of Roxburgh, being absent the former sederunts of parliament, took the oath of allegiance and signed the same with the assurance, and took the oath of parliament.
More lists of commissioners of supply were read in parliament and approved.
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Ordered that in printing the act for the supply, the quotas of Inverness and Nairn be rectified conforming to the tenor of an act of parliament 1690 now produced, which is the rule of their payment, and whereby it is appointed that £26 Scots be deducted from the quota of cess paid† by the shire of Nairn and be added to the quota of cess paid monthly by the shire of Inverness.
[1702/6/52]*[print] [email] [cite] [preceding] [following]
Draft of an act concerning the union between the two kingdoms of Scotland and England, as also the draft of a letter from the parliament to her majesty expressing their confidence that in the treaty of the said union her majesty will have a gracious regard to the maintaining of the presbyterian government in this church, were both read and the question being put, approve the act and letter foresaid or not, carried in the affirmative.
Before calling of the rolls upon the said vote Walter Stewart, commissioner for the burgh of Linlithgow, declared that he did dissent from the said vote in respect that by no clause in the draft of this act the commissioners to be named were limited or hindered from discussing the reintroduction of prelacy, albeit the same be abolished by the Claim of Right, and craved the same might be recorded and thereupon took instruments; and George Moncrieff of Reidie, one of the commissioners for the shire of Fife, adhered to this dissent.
[1702/6/53]*[print] [email] [cite] [preceding] [following]
The act for the justiciary in the Highlands, read a second time and voted and approved.
The act enabling her majesty to appoint commissioners for a union between the two kingdoms of Scotland and England, as also the act for the justiciary in the Highlands, were touched with the sceptre by her majesty's high commissioner in the usual manner, of which two acts, and of the letter relative to the first of them, the tenors do follow.
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The estates of parliament, considering that a union of the two kingdoms of Scotland and England has for a long time and often been desired for the mutual good and greater happiness of both nations, and that the late King William, of blessed memory, did some years ago propose it to the estates of this kingdom, and of late recommended it to the parliament of England, and likewise her majesty who now reigns has, out of her royal care and zeal for the welfare of her subjects, renewed the same desire to the parliaments of both kingdoms, and that in compliance with this her royal purpose the parliament of England has passed an act for enabling her majesty to appoint commissioners to treat for a union between the said kingdoms. And the estates of parliament, being fully satisfied that the said union is needful and would be very advantageous for the defence of the true Protestant religion and for the better preserving and establishing the peace, safety and happiness of both kingdoms, therefore her majesty, with advice and consent of the said estates of parliament, does enact, statute and ordain that such persons and quorum thereof as shall be nominated and appointed by her majesty under the great seal of this kingdom shall have full power and commission. Likewise her majesty, with advice and consent, does hereby give and grant full power, commission and authority to the said persons and their quorum to convene and meet at such time and times and in such place and places as her majesty shall please to appoint, to treat and consult with such commissioners as shall be nominated and authorised by her majesty in manner foresaid in behalf of the parliament and kingdom of England of and concerning such a union of the kingdoms of Scotland and England, and of and concerning such other matters, causes and things whatsoever as the said commissioners or quorum thereof assembled and the said commissioners to be nominated by her majesty for the parliament and kingdom of England in manner above-mentioned shall, according to the tenor of their respective commissions, think necessary or convenient for the honour of her majesty and the union, common good and welfare of both the realms forever. And the said commissioners for both the said kingdoms shall, according to the tenor of their respective commissions, set down and reduce their proceedings in the said matter into four several writings or instruments, each of them to be subscribed and sealed by the commissioners and their quorum, to the end that one of these writings or instruments may in all humility be presented to the queen's majesty and another of the said writings or instruments to be offered to the parliament of Scotland and the other two of the said writings or instruments to be offered to the parliament of England at their next sessions to be held in each kingdom respectively, after such writings or instruments shall be subscribed and sealed by the said commissioners, and that thereupon such further proceedings may be had as by her majesty and both the said parliaments shall be thought fit and necessary for the well and common good of both kingdoms, to which parliaments the entire consideration of the whole and the allowing or disallowing of the same, or any part thereof as they shall think fit, is wholly reserved. And it is further provided that no matter or thing to be treated of, proposed or agreed by the said commissioners by virtue of this act shall be of any strength or effect whatsoever until it be first confirmed and established by the authority and an act of the parliament of Scotland.
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Follows the tenor of the foresaid letter:
May it please your majesty,
The estates of parliament, in the due and cheerful prosecution of what your majesty so graciously recommended as to the union of both kingdoms, have passed an act enabling your majesty to appoint commissioners for treating thereof in the same extent and almost in the same terms with that passed in the parliament of England.
It fell under our consideration that when the meeting of the estates did at the late king's accession to the throne nominate commissioners for the like treaty they expressly reserved our church government as it should be established the time of the union.
But the presbyterian government, being founded in the Claim of Right, with our entire confidence in the full assurance your majesty has been pleased to give us that you are firmly resolved to protect and maintain us in the full possession of the presbyterian government of the church as at present established, are our satisfying security.
And therefore, hoping that your majesty, both in the naming of the commissioners and in the whole procedure of the treaty, will have a gracious and careful regard to the maintaining of the presbyterian government of the church as now established by act of parliament, and ratified by your majesty in this session of parliament, and which in the experience of all is found to be the true interest and solid foundation of the peace and quiet of this kingdom. We heartily wish for such an accomplishment of this great work as may be to your majesty's perpetual honour and the lasting welfare and happiness of both kingdoms.
Signed in presence, by warrant and in name of the estates of parliament by, may it please your majesty, your majesty's most humble, most obedient and most faithful subject and servant, signed thus: [Patrick Hume, earl of] Marchmont, chancellor, in the presence of the lords of parliament, 25 June 1702.
[1702/6/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lady, considering how necessary it is for suppressing the robberies and depredation so frequently committed in the Highlands that the commission of justiciary, which has from time to time been granted since 1693, should be renewed with such conditions and provisions as may render the same most effectual, does therefore, with advice and consent of the estates of parliament, enact and declare that her majesty, by virtue of her prerogative royal, may of new grant commissions of justiciary, one or more, to such persons and for such times as her majesty shall think fit for the bounds of the Highlands, that is to say for the shires of Ross, Inverness, Nairn, Elgin, Banff, Aberdeen, Kincardine, Angus, Perth, Stirling, Dunbarton and Argyll, with all the powers necessary and usual in such commissions, by the advice of the lords of her majesty's privy council, consisting always with the laws of the kingdom, the nomination of the persons being left to her majesty; and excepting therefrom the bounds and lands lying and comprehended within the heritable right of justiciary general pertaining to [Archibald Campbell], duke of Argyll within the said bounds, recommending nevertheless to the said duke that when her majesty grants the said commission, one or more, for the said bounds not above-excepted, for the space of three years after the date of this act, he shall grant ample commissions of the like nature for his bounds at the same time during the said space, and to the same persons that shall be named by her majesty, at least to so many of them as are willing to act by virtue of the said commissions, to the effect that all the said commissioners acting of consent within the whole foresaid bounds, the foresaid robberies and depredation may be the more effectually restrained; but reserving power to the duke of Argyll as having right of heritable justiciary general within his bounds to sit with the said commissioners to be nominated, as said is, within the said bounds and to preside amongst them when present; and providing further that the court held within his bounds, when fenced in her majesty's name, shall be also fenced in his name as her majesty's justiciary general in manner foresaid, without prejudice always to the duke of Argyll and of the lords of regality and all others of their respective heritable rights and jurisdictions, and reserving to them their rights of prevention for fifteen days with their rights to all the escheats and other casualties, as appropriate. Likewise her majesty, with advice and consent, statutes and ordains that in case any robberies and depredations shall happen to be committed within the bounds of the said commissions, and the persons, committers or hounders out shall happen to flee after being attacked by citation or arrestment without the bounds of the said commission, the judges within whose bounds any such delinquents, hounders out or abettors live or reside or shall be found shall be obliged to give their concurrence to apprehend the said delinquents, to the effect they may be brought before the said commissioners, who are hereby empowered to judge them though they do not reside within the bounds of their commissions.
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The further proceeding in the charge at her majesty's advocate's instance against the dean of faculty and certain advocates continued until the next sederunt of parliament.
The lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Saturday next at 10 o'clock.