Petition for [David Erskine], earl of Buchan craving a competent time to enter heir with the benefit of inventory to his predecessors last infeft, read and ordered that the same lie upon the table until the third sederunt this week appointed for private business, to the effect all persons having interest may see and answer the same against the said diet.
The draft of an address to her majesty presented by [John Gordon], earl of Sutherland, read.
Another address to her majesty presented by [Andrew Fletcher], laird of Saltoun, read.
[1705/6/91]*[print] [email] [cite] [preceding] [following]
Overture of an act ordaining and enacting that the commissioners to be named by her majesty for the part of Scotland shall not enter upon a treaty until the clause in the English act declaring us aliens is rescinded, read.
Moved that the parliament proceed in this matter by way of order of parliament and by addressing her majesty and not by way of act of parliament. And, after debate, it was put to the vote, proceed by way of order and address, or by way of act and address, and carried by way of order and address.
[1705/6/92]*[print] [email] [cite] [preceding] [following]
Then agreed and ordered by the estates of parliament, nobody dissenting, that the commissioners to be named by her majesty for the kingdom of Scotland shall not commence the treaty of union until the clause in the English act declaring the subjects of Scotland aliens is rescinded.
[1705/6/93]*[print] [email] [cite] [preceding] [following]
Thereafter, the parliament proceeded to consider the draft of the address to her majesty that was first given in and, after some amendments thereon, it was put to the vote approve the address or not, and carried approve, nobody dissenting, of which address the tenor follows.
May it please your majesty,
We your majesty's most loyal and dutiful subjects, the noblemen, barons and burgesses assembled in parliament, do in all humility represent to your majesty that in compliance with the desire of your majesty's royal letter whereby you earnestly recommend to us to pass an act for a commission to set a treaty on foot between the kingdoms of Scotland and England, and for a nearer and more complete union between them and for such other matters and things as may be judged proper for your majesty's honour and the good and advantage of both kingdoms forever, we have, by our vote, agreed to the passing of the said act in the most fair and equal terms that could be expected, leaving to your majesty the nomination of the commissioners for this kingdom and the time and place of their meeting with the commissioners of England.
But though we have in that act forborne to take any notice of a clause in a late act of the parliament of England entitled, an 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, by which clause the natives of this your ancient kingdom of Scotland are after 25 December next to be adjudged and taken as aliens born out of the allegiance of the queen of England, yet we cannot but with all submission signify to your majesty, as sovereign of both kingdoms, that we and the whole nation whom we represent are most sensible of the great injury done us by that clause whereby we are denied the right and privilege in England which the natives of England do enjoy in Scotland, and which we have constantly enjoyed in England as a legal and necessary consequence of our being natural born subjects of the same sovereign, and has always been sustained as a mutual privilege in the courts and judicatures of both nations. For which reason, we have found it absolutely necessary for maintaining the honour of this nation to agree and order unanimously that the commissioners to be nominated by your majesty for this kingdom shall not commence any treaty with England until first the said clause in the English act is repealed.
We must, therefore, in all humility entreat and hope from your majesty's goodness and justice that in your royal wisdom you will take such course as the said clause in the act of the English parliament may be repealed, to the effect the foresaid treaty of union, so much desired, may commence and proceed with the wished for success.
Subscribed in the 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: [James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament, Edinburgh, 4 September 1705
[1705/6/94]*[print] [email] [cite] [preceding] [following]
Overture for an act for encouraging the exportation of beef and pork, read and a first reading marked thereon.