[1706/10/1]*[print] [email] [cite] [preceding] [following]
The laws and acts of 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, 3 October 1706, by his grace James [Douglas], duke of Queensberry, marquis of Dumfries-shire, earl of Drumlanrig and Sanquhar, viscount of Nith, Torthorwald and Ross, lord Douglas of Kinmont, Middlebie and Dornock etc., lord privy seal of the kingdom of Scotland, one of the lords of her majesty's most honourable privy council, treasury and exchequer, an extraordinary lord of session, and knight of the most noble order of the garter, 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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[1706/10/3]*[print] [email] [cite] [preceding] [following]
Prayers said.
Her majesty's commission to his grace James [Douglas], duke of Queensberry 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, for notable reasons of great importance, have ordained that the fourth session of our current parliament of our ancient kingdom of Scotland is to meet and sit at Edinburgh on 29 August immediately following the date of this commission, and we cannot be present at the meeting of the said parliament because the necessities of our affairs call us elsewhere; therefore we have decreed that our commission to represent our sacred person and exercise our royal authority be granted to a person of the highest rank, extraordinary good faith, and imbued with brilliant talents; and we, being satisfied of the unblemished good faith, extraordinary abilities and experience of our most loyal and well-beloved kinsman and councillor James, duke of Queensberry, our lord privy seal, and one of the commissioners of our treasury in the said kingdom, because of† his loyal exercise of the various high appointments entrusted to him, especially that of commissioner representing our sacred person, whereby he is in every way fitted to exercise this same high appointment, to forward our pious, royal intentions, and to promote the welfare and interest of our said ancient kingdom in church and state, as well as in our service; know therefore that we have given and granted, and by these our letters patent do give and grant to our foresaid most loyal and well-beloved kinsman and councillor James, duke of Queensberry, full power and commission as our high commissioner to represent our sacred person and exercise our royal authority in the following fourth session of our foresaid current parliament of the said kingdom, and in any other matter at any time or place concerning the strengthening of the welfare of the church, the promotion of our peace and the governance of the said kingdom, and the forwarding of our service in every administrative function of the same, by giving and granting to the said James, duke of Queensberry, our full power and authority to do and carry out each and every thing relating to the appointment and authority of high commissioner as fully and freely to all intents and purposes as any other person of the same high appointment and distinction had ever done, or had ever been able to do, during the reigns of any of our most serene predecessors. We do and shall regard as permanent and binding each and every thing he may do in the execution of this said commission, and we straitly order and command each and every one of our officers of state, those who give us private counsel, the judges, the officers of our troops and all other subjects whomsoever of our said kingdom to acknowledge the foresaid James, duke of Queensberry, as our high commissioner representing our sacred person and exercising our royal authority, and to offer him respect and obedience to the effect and according to the pattern laid down in this our commission. This commission will remain in force from the day and date of this commission, and during the foresaid fourth session of our parliament and until such time as it may please us to revoke the same; and we declare that this our present commission in no way prejudices any other letter of appointment or commission of the said James, duke† of Queensberry, in any other appointment we have entrusted to him, but continues in force (during our pleasure) during the continuation and after the expiry of the present commission as specified in these same various letters of appointment and commissions. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of Windsor Castle, 31 July in the year of our Lord 1706, and in the fifth year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered the [...] day of September 1706.
Sealed at Edinburgh.
Rolls called.
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[James Douglas], earl of Morton protested against the calling of any earl before him.
[James Ogilvy], earl of Findlater protested against [David Ogilvy], earl of Airlie before him.
[James Douglas], earl of Morton protested, in name of [Archibald Douglas], duke of Douglas, that the calling of any others in the rolls of parliament before him may not prejudge him of the first vote in parliament.
[David Leslie/Melville], earl of Leven protested against the calling of [James Livingstone], earl of Callander before him.
[William Ross], lord Ross protested against the calling in the rolls of Sir Alexander Bruce as earl of Kincardine in respect of a petition in the clerk's hands for Lady Mary Bruce and her husband claiming right to that rank and dignity.
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Her majesty's gift and commission in favour of James [Graham], marquis of Montrose to be president of her most honourable privy council, 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 abilities, loyalty and other brilliant talents of our most loyal and well-beloved kinsman and councillor James, marquis of Montrose, whereby he is in every way fitted to exercise the office of president of our privy council of our ancient kingdom of Scotland; 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 James, marquis of Montrose, president of our privy council of the foresaid kingdom, during our pleasure only, with full power to enjoy, take pleasure in and exercise the said office with every honour, dignity, privilege, immunity and casual profit whatsoever pertaining thereto; and likewise by the tenor of this commission, we ordain that the foresaid James, marquis of Montrose, as president of our privy council, has place and precedence in all times and places during the foresaid period next to our one principal treasurer of the said kingdom, and immediately after the place of precedence which the principal treasurer for the time being used to have, or should have had, in earlier times. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of Kensington, 28 February in the year of our Lord 1706, 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 19 March 1706.
Sealed at Edinburgh.
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Her majesty's gift and commission in favour of John [Erskine], earl of Mar to be one of the principal secretaries of state for this kingdom, 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 the principal secretaries of state for our ancient kingdom of Scotland is vacant because of the promotion of our most loyal and well-beloved kinsman and councillor William [Johnston], marquis of Annandale, to the office of president of our privy council of this same kingdom, and that nothing can be more conducive to the welfare of our service and our kingdoms than that men of proven integrity and loyalty be appointed principal ministers of our crown, especially our secretaries of state, in whom we shall be able to have particular trust both in regard to our authority and to the welfare of our subjects; and we are abundantly satisfied of the loyalty, probity and other very fine abilities of our most loyal and well-beloved kinsman and councillor John, earl of Mar, whereby he is in every way fitted to exercise the appointment and office of one of our principal secretaries of state for the said kingdom; therefore for the foresaid and many other reasons and considerations of great importance, know that we have named, made, constituted and appointed, and by this commission do name, make, constitute and appoint this same John, earl of Mar, one of our two secretaries of state for the said kingdom, (during our pleasure only and until this commission may be revoked by us in writing), as co-principal and conjoint [secretary] with our most loyal and well-beloved kinsman and councillor Hugh [Campbell], earl of Loudoun, the other secretary of state for the said kingdom. Likewise, we give and grant, and by the tenor of this commission do give and grant, during the foresaid period, to the said John, earl of Mar, the place, appointment and office of one of our two conjoint secretaries of state aforesaid, with a fair and equal half of all honoraria, profits, emoluments, casual profits, liberties, dignities and immunities which pertained or could pertain to the said appointment, place and office in earlier times, 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 appointment, place and office, and in particular to write, sign and offer us all donations, cautions and documents requiring our royal signature, and to intervene and to receive a fair and equal half of all honoraria, payments and casual profits relating thereto; and to have equal power and privilege with the said Hugh, earl of Loudoun, our other secretary of state for the said kingdom, to receive, interpose and keep 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 with all sheriff clerks and clerks of the peace in the said kingdom, and by this authority to grant them commissions, as often as the said offices are vacant for whatever reason, whereby they can discharge and enjoy these appointments for life; and he may receive a half of the admission-fees and profits stemming from the admission of the said clerks, and apply them to his own private uses. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of Windsor Castle, 29 September 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 4 October 1705. Signed thus: Charles Kerr.
Sealed at Edinburgh, 4 October 1705. Signed thus: Alexander Ogilvie.
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[James Hamilton], earl of Abercorn swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament.
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Patent creating Lord Henry Scott earl of Delorain, read and ordered to be recorded, whereupon he swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament, the tenor of which patent 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, royally considering the brilliant and loyal services done by our most loyal and well-beloved Sir Henry Scott, son of our trusted and well-beloved kinswoman Anne [Scott], duchess of Buccleuch, and the zeal and affection he has expressed for our person and government on every occasion; therefore for these and very many other reasons and considerations of great importance, we have decided of our kindness to confer upon this same Sir Henry Scott and his heirs mentioned hereinafter a notable and lasting mark of our royal favour, whereby he and they may be inspired and aroused in future to offer us and our successors services of great importance whenever the opportunity may arise; know therefore that we have made, constituted and created, and by the tenor of this patent do make, constitute and create the said Sir Henry Scott earl, viscount and free lord of parliament in our ancient kingdom of Scotland, to be called and designated for all future time earl of Deloraine, viscount Hermitage, and lord Goldilands, by giving, granting and conferring on the foresaid Sir Henry Scott and the male heirs of his body legally begotten, the title, honour, place, rank and dignity of earl, viscount and free lord of parliament as aforesaid, with full power, commission and authority to him and his foresaid heirs to possess and enjoy the same with each and every prerogative, pre-eminence, precedence and privilege relating thereto. By the tenor of this patent, we invest and ennoble this same Sir Henry Scott and his foresaid heirs with these, and in particular with free suffrage of parliament. The said Sir Henry Scott and his foresaid heirs are to hold the foresaid title, honour, place, rank and dignity of earl, viscount and free lord of parliament with every prerogative, precedence and privilege pertaining thereto from us and our royal successors in all parliaments, meetings of the estates, general councils and other meetings, public and private, in the said kingdom, as fully and freely in every respect as any other earl, viscount and free lord of parliament of like title, honour and dignity with every privilege and anything else relating thereto has enjoyed in earlier times, or will be able to enjoy at any time past, present or future. Moreover, we command the lyon king of arms and the brethren of his court to give and prescribe for the foresaid Sir Henry Scott, now earl of Deloraine, such additions to his former coat of arms as shall seem appropriate and fitting for this occasion. We declare and ordain that these our letters patent furnished with our great seal shall be as valid and effective for the said Sir Henry Scott and his foresaid heirs to possess the foresaid title, honour and dignity as if he and his foresaid heirs had been invested and inaugurated with every rite and solemnity used on such occasions in the past. We have granted, and by this patent do grant a dispensation therefrom in perpetuity. In witness whereof, we have ordered that our great seal be appended to this patent. At our palace of Windsor Castle, 29 March in the year of our Lord 1706, and in the fifth year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered.
Sealed at Edinburgh.
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[William Livingston], viscount of Kilsyth swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament.
Moved that [George Ogilvy], lord Banff, who was sometime a papist, being now Protestant and willing to sign the formula subjoined to the act of parliament in November 1700 for preventing the growth of popery, may be admitted and, accordingly, he having taken and signed the formula, he thereafter swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament.
Sir Alexander [Home] Campbell of Cessnock, commissioner for the shire of Berwick in place of Sir John Home of Blackadder, deceased, and Sir Archibald Hope of Rankeillour, commissioner for the shire of Fife in place of Robert Douglas of Strathenry, deceased, both swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament.
Mr Patrick Moncrieff of Reidie, commissioner for the burgh of Kinghorn in place of Mr James Melville [of Halhill], deceased, swore the oath of allegiance, subscribed the same with the assurance and took the oath of parliament.
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Petition of Lady Mary Bruce and William Cochrane, younger of Ochiltree, her husband for his interest, against admitting of Sir Alexander Bruce to sit in parliament in the rank and dignity of earl of Kincardine, read, and Sir Alexander Bruce in answer to the said petition craved that the patent in favour of earl Edward Bruce of Kincardine might be also read, which, being accordingly read, after some debate upon the case, it was put to the vote, hear the parties further upon the matter, or admit Sir Alexander, and it carried hear, and the next sederunt appointed for a hearing.
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Her majesty's letter to the parliament presented by her majesty's high commissioner, was read, first by [Sir James Murray of Philiphaugh], the lord clerk register, and thereafter read again by one of the ordinary clerks, of which letter the tenor follows.
Signed above thus, Anne Regina
My lords and gentlemen,
Since your last meeting we did nominate commissioners to treat of a union between our two kingdoms of Scotland and England and, by their great care and diligence, a treaty is happily concluded and laid before us.
We have called you together as soon as our affairs could permit that the treaty may be under your consideration in pursuance of the act made in the last session of our parliament there, and we hope the terms will be acceptable to you.
The union has been long desired by both nations and we shall esteem it as the greatest glory of our reign to have it now perfected, being fully persuaded that it must prove the greatest happiness of our people.
An entire and perfect union will be the solid foundation of lasting peace. It will secure your religion, liberty and property, remove the animosities amongst yourselves and the jealousies and differences between our two kingdoms. It must increase your strength, riches and trade and, by this union, the whole island, being joined in affection and free from all apprehension of different interests, will be enabled to resist all its enemies, support the Protestant interest everywhere and maintain the liberties of Europe.
We do upon this occasion renew the assurances we have formerly given you of our resolution to maintain the government of the church as by law established in Scotland, and the acts of both parliaments, upon which this treaty proceeded, having reserved their respective governments of the church in each kingdom; the commissioners have left that matter entire, and you have now an opportunity of doing what may be necessary for security of your present church government after the union within the limits of Scotland.
The support of our government and your own safety does require that you do make necessary provision for maintaining the forces, ships and garrisons until the parliament of Great Britain shall provide for these ends in the united kingdom.
We have made choice of our right trusty and right entirely beloved cousin and councillor James [Douglas], duke of Queensberry to be our commissioner and represent our royal person, being well satisfied with his fitness for that trust from the experience we have of his capacity, zeal and fidelity to our service and the good of his country which, as it has determined us in the choice, we doubt not but will make him acceptable to you.
We have fully instructed him in all things we think may fall under your consideration and seems to be necessary at present. Therefore, we desire that you may give entire trust and credit to him.
My lords and gentlemen,
It cannot but be an encouragement to you to finish the union at this time that God almighty has blessed our arms and those of our allies with so great success which gives us the nearer prospect of a happy peace, and with it you will have the full possession of all the advantages of this union, and you have no reason to doubt but the parliament of England will do what is necessary on their part after the readiness they have shown to remove what might remove† the entering on the treaty. We most earnestly recommend to you calmness and unanimity in this great and weighty affair that the union may be brought to a happy conclusion, being the only effectual way to secure your present and future happiness and to disappoint the designs of our and your enemies who will doubtless, on this occasion, use their utmost endeavours to prevent or delay this union which must so much contribute to our glory and the happiness of our people.
And so we bid you heartily farewell. Given at our court at Windsor Castle, 31 July and of our reign the 5th year.
By her majesty's command. Signed thus: [John Erskine, earl of] Mar.
The foresaid letter is directed thus: to the noblemen and to the barons commissioners for shires and to the commissioners for burghs assembled in parliament in our ancient kingdom of Scotland.
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Her majesty's high commissioner made his speech to the parliament, as also my lord chancellor made his speech, and her majesty's letter and the said speeches were ordered to be printed.
Articles of union agreed on by the commissioners nominated on behalf of the kingdom of Scotland and the commissioners nominated on behalf of the kingdom of England presented and read and ordered to be printed and copies to be delivered to the members of parliament.
Thereafter ordered that the minutes of the proceedings of the commissioners of both nations for the treaty of union be likewise printed.
Then my lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Thursday next the 10th instant at 10 o'clock in the morning.