Then the parliament proceeded upon a draft of the act for a treaty with the kingdom of England, and the act read, also the clause presented by [John Murray], 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 declaring the subjects of Scotland to be aliens after 25 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 declaring the subjects of Scotland to be aliens be considered in a separate way other than by this act of treaty.
After reasoning, it was agreed to by the estates of parliament that the clause in the English act declaring the Scots aliens must be rescinded before the treaty of union commence.
Thereafter the clause given in by the duke of Atholl read, being in these terms: providing always that the said commissioners shall not go furth of this kingdom to enter into any treaty with those to be appointed for England until there shall be an act passed by the parliament of England rescinding that clause in the English act by which it was enacted that the subjects of Scotland shall be adjudged and taken as aliens after 25 December 1705. And a vote was thereupon stated, add the clause to this act or do it by a separate way.
[1705/6/86]*[print] [email] [cite] [preceding] [following]
Before voting the duke of Atholl gave in a protestation in these terms: In regard that by an English act of parliament made in the last session thereof entitled, act for the effectual securing the kingdom of England from the apparent dangers that may arise from several acts lately passed in the parliament of Scotland, the subjects of this kingdom are to be adjudged aliens born out of the allegiance of the queen as queen of England after 25 December 1705, I do therefore protest, for myself and in name and behalf of all who do adhere to this my protestation, that for saving the honour and interest of her majesty as queen of this kingdom, and maintaining and preserving the undoubted rights and privileges of her subjects, no act for a treaty with England ought to pass in this house unless a clause be added thereto prohibiting and discharging the commissioners, that may be nominated and appointed for carrying on the said treaty, to depart the kingdom in order thereto until the said clause be repealed and rescinded by the parliament of England and, do therefore, desire 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, namely of the nobility, [James Douglas], duke of Hamilton, the marquises [James Graham, marquis] of Montrose and [John Hay, marquis of] Tweeddale, the earls [Charles Hay, earl] of Erroll, [William Keith, earl] Marischal, [John Hamilton/Leslie, earl of] Rothes, [Charles Home, earl of] Home, [John Fleming, earl of] Wigtown, [John Lyon, earl of] Strathmore, [John Ker, earl of] Roxburghe, [Thomas Hamilton, earl of] Haddington, [Charles Hamilton Douglas, earl of] Selkirk, [George Gordon, earl of] Aberdeen, [John Hamilton, earl of] Ruglen and [John Hamilton, earl of] Bute, [David Murray], viscount of Stormont, [William Fraser], lord Saltoun, [Francis Sempill], lord Sempill, [John Elphinstone], lord Balmerino, [Walter Stewart], lord Blantyre, [Alexander Forbes], lord [Forbes of] Pitsligo, [John Hamilton], lord Belhaven, [Robert Colville], lord Colville [of Ochiltree] and [Patrick Kinnaird], lord Kinnaird; of the barons, George Lockhart of Carnwath, Sir James Foulis of Colinton, Sir Robert Sinclair of Longformacus, Sir John Swinton of that ilk, Sir Patrick Home of Renton, George Baillie of Jerviswood, John Sinclair, younger of Stevenson, Mr Alexander Ferguson of Isle, John Brisbane, younger of Bishopton, Mr William Cochrane of Kilmaronock, Sir Humphrey Colquhoun of Luss, Sir John Houston of that ilk, John Graham of Killearn, James Graham of Buchlyvie, Robert Rollo of Powhouse, Sir Patrick Murray of Ochtertyre, John Murray of Strowan, Sir David Ramsay of Balmain, Alexander Gordon of Pitlurg, John Udny of that ilk, James Moir of Stoneywood, Ludovic Grant of that ilk, David Beaton of Balfour, Major Henry Balfour of Dunbog, Robert Douglas of Strathenry, Mr Patrick Lyon of Auchterhouse, Mr James Carnegie of Finavon, James Haliburton of Pitcur, David Graham, younger of Fintry, James Ogilvie, younger of Boyne, Alexander Duff of Braco, Alexander MacKie of Palgowan, Sir George Sinclair of Clyth, James Sinclair of Stemster, Mr Alexander Abercrombie of Tullibody, Mr George MacKenzie of Inchculter, and Mr Aeneas MacLeod of Cadboll; and of the royal burghs, Alexander Robertson [of Craig], Alexander Watson [of Aithernie], Alexander Edgar, Patrick Bruce [of Bunzion], Alexander Duff [of Drummuir], Sir John Erskine [of Alva], James Spittall [of Leuchat], Francis Mollison, Sir Peter Halkett [of Pitfirrane], John Hutchison, Mr William Sutherland, Mr John Lyon, Mr Dougald Stewart [of Blairhall], Sir Robert Anstruther [of Wrae and Balcaskie], Mr John Carruthers [of Denbie], George Home, Mr James Beaton [of Balfour] and Mr Robert Fraser.
[1705/6/87]*[print] [email] [cite] [preceding] [following]
Then the vote was stated add the clause to this act or do it by a separate way, and carried by a separate way.
Moved that the parliament now proceed to consider the way of the nomination of the commissioners for the treaty, whether the same shall be left to her majesty or be done by the estates of parliament.
Also moved that it being now late the further proceeding on this act be delayed until the next 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.
[1705/6/88]*[print] [email] [cite] [preceding] [following]
Before voting the said duke of Atholl protested against approving the act in respect of the reasons contained in his former protestation, which was also adhered to by the persons following: of the nobility, the marquises [James Graham, marquis] of Montrose and [John Hay, marquis of] Tweeddale, the earls [Charles Hay, earl] of Erroll, [William Keith, earl] Marischal, [John Hamilton/Leslie, earl of] Rothes, [Charles Home, earl of] Home, [John Fleming, earl of] Wigtown, [John Lyon, earl of] Strathmore, [John Ker, earl of] Roxburghe, [Thomas Hamilton, earl of] Haddington, [Charles Hamilton Douglas, earl of] Selkirk, [George Gordon, earl of] Aberdeen and [John Hamilton, earl of] Ruglen, [David Murray], viscount of Stormont, [William Fraser], lord Saltoun, [Francis Sempill], lord Sempill, [John Elphinstone], lord Balmerino, [Walter Stewart], lord Blantyre, [Alexander Forbes], lord [Forbes of] Pitsligo, [John Hamilton], lord Belhaven, [Robert Colville], lord Colville [of Ochiltree] and [Patrick Kinnaird], lord Kinnaird; of the barons George Lockhart of Carnwath, Sir Patrick Home of Renton, George Baillie of Jerviswood, John Sinclair, younger of Stevenson, Mr Alexander Ferguson of Isle, John Brisbane, younger of Bishopton, Mr William Cochrane of Kilmaronock, Sir Humphrey Colquhoun of Luss, Sir John Houston of that ilk, John Graham of Killearn, James Graham of Buchlyvie, Robert Rollo of Powhouse, Sir Patrick Murray of Ochtertyre, John Murray of Strowan, Alexander Gordon of Pitlurg, John Udny of that ilk, James Moir of Stoneywood, Ludovic Grant of that ilk, David Beaton of Balfour, Major Henry Balfour of Dunbog, Robert Douglas of Strathenry, Mr Patrick Lyon of Auchterhouse, Mr James Carnegie of Finavon, James Haliburton of Pitcur, David Graham, younger of Fintry, James Ogilvie, younger of Boyne, Alexander Duff of Braco, Alexander MacKie of Palgowan, Sir George Sinclair of Clyth, James Sinclair of Stemster, Mr Alexander Abercrombie of Tullibody, Mr George MacKenzie of Inchculter, and Mr Aeneas MacLeod of Cadboll; and of the royal burghs Alexander Robertson [of Craig], Alexander Watson [of Aithernie], Alexander Edgar, Patrick Bruce [of Bunzion], Alexander Duff [of Drummuir], Sir John Erskine [of Alva], James Spittall [of Leuchat], Sir Peter Halkett [of Pitfirrane], Francis Mollison, John Hutchison, Mr William Sutherland, Mr John Lyon, Mr Dougald Stewart [of Blairhall], Sir Robert Anstruther [of Wrae and Balcaskie], Mr John Carruthers [of Denbie], George Home, Mr James Beaton [of Balfour] and Mr Robert Fraser.