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The laws and acts made in the third session of the first parliament of our most high and dread sovereign, Anne, by the grace of God, queen of Scotland, England, France and Ireland, defender of the faith, held and begun at Edinburgh on 28 June 1705, by his grace John [Campbell], duke of Argyll, marquis of Kintyre and Lorne, earl of Campbell and Cowal, viscount of Lochow and Glenisla, lord Inveraray, Mull, Morven, and Tiree, heritable justice general within the shire of Argyll, Isles and others, heritable sheriff and lord high lieutenant of the said shire, her majesty's heritable great master-household in the kingdom of Scotland, one of the lords of her majesty's most honourable privy council, an extraordinary lord of the session, brigadier-general and captain of her majesty's life-guards of horse, brigadier-general and colonel of a regiment of fusiliers in the service of their high mightinesses the States General, and knight of the most ancient and most noble order of the thistle, her majesty's high commissioner for holding the same, by virtue of a commission under the great seal of this kingdom, with the special advice and consent of the estates of parliament underwritten.
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Prayers said.
Her majesty's commission to John [Campbell], duke of Argyll for representing her royal person in this session of parliament, read by the lord clerk register and ordered to be recorded, whereof the tenor follows.
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we decided earlier, for reasons of great importance, that the third session of our current parliament of this our ancient kingdom of Scotland shall meet [in Edinburgh] on 3 May next to come, and because we cannot be present at the said session of our parliament, since our affairs of necessity call us away, therefore we have decreed that our commission be granted to someone of the highest rank, utmost trustworthiness and imbued with brilliant talents, who will represent our royal person and authority in the same, and since we have very many evidences of the unblemished loyalty, extraordinary talents and integrity of our most loyal and well-beloved kinsman and councillor John, duke of Argyll, whose extraordinary talents make him in every way suitable and fitted to carry out in proper fashion that high appointment of good faith, and to forward our pious, royal intentions in promoting the welfare and interest of our said ancient kingdom both in church and state, and our service; know therefore that we have given and granted, and by the tenor of this commission do give and grant to our foresaid most loyal and well-beloved kinsman and councillor John, duke of Argyll etc., our fullest power and commission to represent our sacred person and exercise our royal authority as our high commissioner in the said next session of our foresaid parliament of† kingdom, and in any other matter when and wheresoever regarding the strengthening of the church, the preservation and cultivation of the peace and governance of our said kingdom, and the promotion of our affairs, in every administrative function of the same. Moreover, by the tenor of this commission we distinguish by our royal authority this same John, duke of Argyll, with the title of our commissioner, and we grant him full power to do each and every thing regarding the appointment and authority of commissioner as fully and freely in every respect and condition as anyone else of the same high appointment and distinguishing mark had ever done or had ever been able to do during the reigns of any of our predecessors. We do and shall consider binding and permanent each and every thing he may do in the exercise of this said commission, and we straitly enjoin and command each and every one of our officers of state, those who give us privy counsel, the judges, the generals and officers of our troops in this kingdom, and all our other subjects whomsoever to acknowledge the foresaid John, duke of Argyll as our high commissioner representing our sacred person and exercising our royal authority, and offer him respect and obedience to the effect and according to the pattern laid down in this our commission. (This commission will begin on the date of these letters and will remain in force during the said next session of parliament and until the same shall be revoked by us). We declare that this our commission shall be without prejudice to the foresaid John, duke of Argyll, in the case of any other letter of appointment or commission concerning any other appointment we have entrusted to him, but that it continues in full force during this our commission and even after its expiry, during our good pleasure, according to the manner contained in each letter of appointment and commission granted to him. In witness whereof, we have instructed that our great seal be appended to this commission. At our palace of St James's, 6 March in the year of our Lord 1705, and in the third year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 13 March 1705. Signed thus: Charles Kerr.
Sealed at Edinburgh, 16 March 1705, in absence of Sir Alexander Ogilvie of Forglen. Signed: John Stewart, depute.
Rolls called.
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[Archibald Douglas], earl of Forfar protested, in name of [Archibald Douglas], duke of Douglas, that the calling of any other in the rolls of parliament may not prejudge him of his first vote in parliament.
The earl of Forfar also protested in name of [John Gordon], earl of Sutherland against the calling of any earl before him.
[John Erskine], earl of Mar protested against the calling of any earl before him.
[James Ogilvy], earl of Findlater protested against the calling of [David Ogilvy], earl of Airlie before him.
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Her majesty's gift and commission in favour of James [Ogilvy], earl of Seafield, to be lord high chancellor, read and ordered to be recorded, and then the lord clerk register administered the oath of allegiance to him, who swore the same and signed it with the assurance, and took the oath of parliament; the tenor of his foresaid commission follows.
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we understand how much it is for the welfare of our service that the appointment and office of the highest trustworthiness, namely chancellor of our ancient kingdom of Scotland, be granted to an individual of unblemished loyalty and integrity, and imbued with brilliant talents, and since we have very many evidences of the loyalty, brilliant talents and integrity of our most loyal and well-beloved kinsman and councillor James, earl of Seafield, both in his former fulfilment of this same high appointment and of other appointments and offices of great trustworthiness in the foresaid kingdom; know therefore that we have named, made, constituted and appointed, and by the tenor of this commission do name, make, constitute and appoint this same our most loyal and well-beloved kinsman and councillor James, earl of Seafield, (during the time of our pleasure only), high chancellor of the said ancient kingdom, and sole and principal keeper of our seal of this same kingdom. Likewise, we give, grant and confer upon him (during the foresaid period) this same appointment and office with every honour, dignity, precedence, privilege, fee and pension which anyone of his predecessors in the said office enjoyed or took pleasure in, or which is regarded by law and custom as justly pertaining thereto; and especially with full power and privilege to preside in all parliaments, meetings of the estates, law-courts and all other meetings which we have called or may call, at which our high chancellor is present, meetings of our exchequer always excepted when our principal treasurer is present. Likewise, we order and command all our subjects to acknowledge, attend and pay respect to the forementioned James, earl of Seafield as our high chancellor of the foresaid kingdom, with every honour and respect due to that high office and appointment. We also require the lords of our privy council of the said kingdom, and we give them authority, to exact his oath concerning loyal administration in the said appointment and office, and likewise to make him repeat and sign the oaths of loyalty and safeguard, and the other oaths established by law. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 9 March in the year of our Lord 1705, and in the third year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 14 March 1705. Signed thus: Charles Kerr.
Sealed at Edinburgh, 14 March 1705. Signed: John Dickson.
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Her majesty's gift and commission in favour of Sir James Murray of Philiphaugh to be lord clerk register, read and ordered to be recorded, whereof the tenor follows.
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we are abundantly satisfied of the loyalty and brilliant talents, as well as the genuine probity of our most loyal and well-beloved Sir James Murray of Philiphaugh, and especially that he is in every way fitted to exercise the appointment and office of clerk of our registers and rolls in our said kingdom; know therefore that we have named, constituted and appointed, and by the tenor of this commission do name, constitute and appoint the said Sir James Murray, during the time of our pleasure only, clerk of our registers and rolls of our council, session and treasury, and of all commissions, parliaments and meetings of the estates in our said kingdom, by giving and granting him this same appointment and office during the foresaid period, with every honour, dignity, liberty, profit, immunity, privilege and casual profit whatsoever relating thereto or which shall be recognised by the right and practice of our said kingdom as relating thereto; with full and absolute power and authority during our pleasure as aforesaid, to choose and constitute one or more substitute clerks or deputes in the said offices or any part thereof for the lifetime of such substitutes, who shall exercise their offices with all the emoluments of the same during all the days of their life respectively. Finally, we ordain and give him authority to do and fulfil each and every thing relating to the said office by the law and practice of this our kingdom, or done by anyone else in the said office in earlier times. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 7 April in the year of our Lord 1705, and in the fourth year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 25 April 1705. Signed thus: Charles Kerr.
Sealed at Edinburgh, 25 April 1705. Signed: Alexander Ogilvie.
Thereafter the lord high chancellor administered the oath of allegiance to him the said Sir James Murray who swore, and subscribed the same with the assurance and took the oath of parliament.
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Her majesty's gift and commission in favour of William [Johnston], marquis of Annandale, to be one of the principal secretaries of state, read and ordered to be recorded, whereof the tenor follows.
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we, considering that the appointment and office of one of our principal secretaries of state of our ancient kingdom of Scotland is now vacant through the promotion of our most loyal and well-beloved kinsman and councillor James, earl of Seafield to the office of high chancellor of our foresaid kingdom, and that nothing can be more conducive to the welfare of our service and our kingdoms than the appointment of men of proven loyalty and integrity as principal ministers of the crown, especially our secretaries of state, in whom we shall be able to have particular trust regarding our authority and also the welfare of our subjects, and we are abundantly satisfied of the brilliant talents, probity and other very fine abilities of our most loyal and well-beloved kinsman and councillor William, marquis of Annandale, who is in every way fitted for the appointment and office of one our principal secretaries of state; therefore, for these and many other reasons and considerations of great importance, know that we have named, constituted and appointed, and by the tenor of this commission do name, constitute and appoint this same William, marquis of Annandale one of our two principal secretaries of state for the said kingdom of Scotland, during our pleasure only, to be co-principal and conjoint with our most loyal and well-beloved kinsman and councillor John [Ker], earl of Roxburghe, the other secretary of state for our foresaid kingdom, by giving and granting, as by the tenor of this commission we do give and grant the foresaid William, marquis of Annandale, the place, office and appointment of one of our two conjoint secretaries of state foresaid, with a just and equal half of all honoraria, emoluments, benefits, casual profits, dignities and immunities which pertained to the said appointment and office in earlier times, or could pertain and relate thereto, together with an annual pension of £1,000 sterling according to the donation of the same granted to him by us and dated with this commission, with full power to use and exercise the said appointment and office during the foresaid period, and especially to write, sign and offer us all donations, cautions and documents requiring our royal signature, and to raise and receive a just and equal half of all honoraria, payments and casual profits relating thereto, and to have equal power and privilege with the said John, earl of Roxburghe, our other secretary of state for the said kingdom, to receive, interpose and preserve all signets of the said kingdom, and to apply an equal half of the benefits and emoluments stemming therefrom to his own private uses and welfare; and power to constitute deputes and keepers of our said signets, and to admit and receive all clerks and secretaries to our signet, with all sheriff clerks and clerks of the peace in the said kingdom, and by that authority to grant them commissions. They may enjoy and take pleasure in these said appointments for life, and he may receive and apply to his own private uses one half of the fees and profits stemming from the admission of the said clerks as often as the said appointments are vacant for whatever reason. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 9 March in the year of our Lord 1705, and in the third year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 16 March 1705. Signed thus: Charles Kerr. Sealed at Edinburgh, 16 March 1705, in absence of Sir Alexander Ogilvie of Forglen. Signed: John Stewart, depute.
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Her majesty's gift and commission to Hugh [Campbell], earl of Loudoun, to be the other principal secretary of state, read and ordered to be recorded, whereof the tenor follows.
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greeting. In as much as we are royally mindful that nothing can be more conducive to the welfare of our service and of our kingdoms as the appointment of men of proven loyalty and integrity as the principal ministers of our crown, especially our secretaries of state, in whom we shall be able to have particular trust with regard to our authority as well as the welfare of our subjects; and we being abundantly satisfied and well-informed of the loyalty, probity, and very many other abilities of our most loyal and well-beloved kinsman and councillor Hugh, earl of Loudoun, which make him in every way suited to exercise the appointment and office of one of our foresaid principal secretaries of state, therefore, for the foresaid and many other reasons and considerations, know that we have named, constituted and appointed, as by the tenor of this commission we do name, constitute and appoint this same Hugh, earl of Loudoun, one of our two secretaries of state for our ancient kingdom of Scotland, during our pleasure only and until this commission may be revoked by us in writing, to be co-principal and conjoint with our most loyal and well-beloved kinsman and councillor William [Johnston], marquis of Annandale, the other secretary of state for the said kingdom, by giving and granting, as by the tenor of this commission we do give and grant, during the foresaid period, to the said Hugh, earl of Loudoun, the place, appointment and office of one of our principal secretaries of state aforesaid, with a just and equal half of all the fees, profits, emoluments, casual profits, liberties and immunities which related to the said appointment, place and office in earlier times, or could so relate, together with an annual pension of £1,000 sterling according to the donation of the same granted to him by us and dated with this commission; with full power to use, exercise and enjoy the said place, appointment and office, and especially to write, sign and offer us all donations, cautions and documents whatsoever requiring our royal signature,† and receive a just and equal half of all honoraria, payments and casual profits relating thereto, and to have equal power and privilege with the said William, marquis of Annandale, our other secretary of state for the said kingdom, to receive, interpose, and preserve all signets of the said kingdom, and an equal half of the benefits and emoluments stemming therefrom, and to apply them to his own private uses, and also power to constitute and admit deputes and keepers of our said signets, and to engage all clerks and secretaries to our signet, with all sheriff clerks and clerks to the peace in† said kingdom; and by that authority† them commissions as often as the said appointments are vacant for whatever reason, whereby they can enjoy and take pleasure in these appointments for life, and to receive an equal half of the admission-fees and benefits stemming from the admission of the said clerks, and to appropriate these for his own private uses. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of Kensington, 5 June in the year of our Lord 1705, and in the fourth year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 11 June 1705. Signed thus: Charles Kerr. Sealed at Edinburgh, 11 June 1705. Signed: Alexander Ogilvie.
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Her majesty's gift and commission to David [Boyle], earl of Glasgow, to be lord treasurer depute, read and ordered to be recorded, whereof the tenor follows.
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we are abundantly satisfied of the probity and extraordinary talents of our most loyal and well-beloved kinsman and councillor David, earl of Glasgow, whereby he is in every way fitted to exercise the appointment and office of our treasurer depute of our ancient kingdom of Scotland; know therefore that we have named, constituted and appointed, and by the tenor of this commission do name, constitute and appoint this same David, earl of Glasgow, during our pleasure only, our treasurer depute in the offices of our treasurer, comptroller, collector, treasurer of our new taxes and receiver general of our said ancient kingdom, with full power, during the foresaid period, to enjoy and exercise the said appointment and office with every liberty, honour, privilege, pre-eminence, benefit and casual profit whatsoever pertaining and relating thereto, as fully and freely in every respect and condition as any other of his predecessors in the said office have enjoyed and done, or were able to enjoy and do at any time in the past; and especially, without prejudice to the foresaid general statement, to have place and suffrage as one of our officers of state in all our parliaments of the said kingdom, general councils and assemblies; and we, considering that the full power and office of our principal treasurer has now been turned into a commission, therefore expressly declare and ordain that this our present donation of the said office of our treasurer depute in no way derogates from the said commission which will remain in full power and force, and that the foresaid David, earl of Glasgow, shall exercise [his office] as one of our commissioners of our treasury by our nomination, constitution and appointment, just as by the tenor of this commission we do name, constitute and appoint this same David, earl of Glasgow to be one of the said commissioners of the treasury in place of our recent treasurer depute, as fully and freely to all intents and purposes as if he had been named in the said commission. We declare that this in no way prejudices him as treasurer depute in any offices and privileges relating thereto if in the future, during the continuation of our present commission, he shall have been named principal treasurer. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of Kensington, 5 June in the year of our Lord 1705, and in the fourth year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 11 June 1705. Signed thus: Charles Kerr. Sealed at Edinburgh, 11 June 1705. Signed: Alexander Ogilvie.
Thereafter the said earl of Glasgow, lord treasurer depute, swore the oath of allegiance, signed the same with the assurance and took the oath of parliament.
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Her majesty's gift and commission to Adam Cockburn of Ormiston, to be lord justice clerk, read and ordered to be recorded, whereof the tenor follows.
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we are abundantly satisfied of the probity and extraordinary talents of Adam Cockburn of Ormiston, whereby he is in every way suited to exercise the appointment, place, and office hereinafter mentioned; know therefore that we have made, named, constituted and appointed, and by the tenor of this commission do make, name, constitute and appoint the forementioned Adam Cockburn of Ormiston, during our pleasure only, justice clerk in our kingdom of Scotland, by giving, granting and assigning to the said Adam Cockburn, during the foresaid period, the said appointment and office of justice clerk, with every honour, privilege, immunity, fee, profit and casual profit whatsoever relating thereto, which he may enjoy and possess as fully and freely in every respect and condition as any of his predecessors in the said office have enjoyed or had been able to enjoy at any time in the past. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 8 January in the year of our Lord 1705, and in the third year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 21 January 1705. Signed thus: Charles Kerr. Sealed at Edinburgh.
Thereafter the lord justice clerk swore the oath of allegiance, signed the same with the assurance and took the oath of parliament.
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Charles [Hay], earl of Erroll, lord high constable, and David [Wemyss], earl of Wemyss, swore the oath of allegiance, signed the same with the assurance and took the oath of parliament.
Sir David Ramsay of Balmain, one of the commissioners elected for the shire of Kincardine in place of the deceased Sir James Falconer of Phesdo, swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament.
Sir Peter Halkett [of Pitfirrane], commissioner for the burgh of Dunfermline, and Mr James Stewart [of Goodtrees], commissioner for the burgh of Queensferry, swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament.
Moved that there being two commissions presented last session of parliament from the shire of Clackmannan, one for Andrew Burnside of Hartshaw, the other for Mr Alexander Abercrombie of Tullibody, and Burnside being now dead, Tullibody should be admitted.
Moved that seeing there was a competition between these two commissions there be a competent time allowed to acquaint the barons and freeholders of that shire for objecting against Tullibody's commission if they think fit, and that before he be admitted. And, after some debate, it was put to the vote, admit or delay and carried admit. Tullibody thereafter swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament.
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Her majesty's commissioner acquainted the parliament that he had a letter from her majesty to them but, in respect many of the members were not yet come to town, he thought proper to delay presenting the letter until the parliament were more fully assembled.
After which the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Tuesday next at 10 o'clock in the morning.