[Act read, amended and approved; protests against; continuation]

Prayers said, the rolls called.

The minutes of the last sederunt read.

The act for security proceeded in, and the drafts of 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 whether the first or the second clause of these two should be considered, after some debate, the vote 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 the same manner acquiesced to, the clause was adjusted in the terms following, namely: 'providing always 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 ensuing parliament during her majesty's reign there be such conditions of government settled and enacted as may secure the honour and sovereignty of this crown and kingdom, the freedom, frequency and power of parliaments, the religion, liberty and the trade of the nation from English or any foreign influence, with power to the said meeting of estates to add such further conditions of government as they shall think necessary, the same being consistent with and in no way derogatory from those which shall be enacted in this and any other session of parliament during her majesty's reign. And further without prejudice of the generality aforesaid, 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 be capable in any event 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 ensuing parliament of Scotland, or the said meeting of the estates'. And then the vote was stated add the clause to the act or no, but before asking the vote [William Johnston], marquis of Annandale, lord president of the privy council, and [Archibald Campbell], duke of Argyll, for themselves and all that should adhere to them, declared their dissent to the clause, and thereupon took instruments, desiring their dissent should be marked, to which dissent the earls [John Lindsay, earl of] Crawford, [John Maitland, earl of] Lauderdale, [David Leslie/Melville, earl of] Leven, [John Keith, earl of] Kintore, [George Melville, earl of] Melville and [John Carmichael, earl of] Hyndford, the lords [John Elphinstone, lord] Elphinstone and [William Ross, lord] Ross, [William Morrison], laird of Prestongrange, Sir Gilbert Elliott [of Headshaw], [Archibald Douglas], laird of Cavers, Mr Francis Montgomery [of Giffen], Sir James Campbell [of Auchinbreck], Sir Patrick Johnston, Walter Stewart of Pardovan and Hugh Montgomery [of Busbie] adhered.

[George MacKenzie], viscount of Tarbat, lord secretary, in the same manner declared his dissent from the clause in so far as it might derogate from the freedom and privileges 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 majesty's high commissioner, adjourned the parliament until Wednesday next at 10 o'clock.

[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament

  1. NAS. PA3/7, Printed minutes No.35, 1-2 or NAS. PA6/36, 46, f.1. Back
  2. NAS. PA6/36, 46, on rear: '28 July 1703, read in parliament and approved as amended'. Back