[1706/10/38]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
Then the following addresses were presented, namely - address of barons, freeholders and others within the shire of Stirling, subscribers of the same; address of the barons, freeholders and others within the shire of Dunbarton, subscribers of the same; address of the magistrates, town council, deacons of crafts and burgesses within the burgh of Linlithgow, subscribers of the same; address of the heritors and other inhabitants of the town and parish of Dunkeld, alias Caledonia, subscribers of the same, and an address of the town and parish of Dysart, subscribers of the same, all against an incorporating union with England, and were read.
[1706/10/39]*[print] [email] [cite] [preceding] [following]
Thereafter the first article of union was again read, as also the motion mentioned in the last minute relating thereto, namely that it be agreed to in the first place to proceed to take the first article of union to consideration, with this provision: that if the other articles of union be not adjusted by the parliament, then the agreeing to and approving of the first shall be of no effect, and that immediately after the said first article the parliament will proceed to an act for security of the doctrine, discipline, worship and government of the church as now by law established within this kingdom. And, after some further debate upon the said article, a resolve was offered in these terms: Whereas it evidently appears, since the printing, publishing and considering of the articles of treaty now before this house, this nation seems generally averse to this incorporating union in the terms now before us as subversive of the sovereignty, fundamental constitution and Claim of Right of this kingdom, and as threatening ruin to this church as by law established; and since it is plain that if a union were agreed to in these terms by this parliament, and accepted of by the parliament of England, it would in no sort answer the peaceable and friendly ends proposed by a union, but would, on the contrary, create such dismal distractions and animosities amongst ourselves and such jealousies and mistakes between us and our neighbours as would involve these nations into fatal breaches and confusions, therefore, resolved that we are willing to enter into such a union with our neighbours of England as shall unite us entirely, and after the most strict manner in all their and our interests of succession, wars, alliances and trade, reserving to us the sovereignty and independency of our crown and monarchy, and immunities of the kingdom and the constitution and frame of the government, both of church and state, as they stand now established by our fundamental constitution, by our Claim of Right and by our laws following thereupon. Or, resolved that we will proceed to settle the same succession with England upon such conditions and regulations of government within ourselves as shall effectually secure the sovereignty and independency of this crown and kingdom and the indissolvable society of the same, with the fundamental rights and constitution of the government both of church and state as the same stands established by the Claim of Right and other laws and statutes of this kingdom.
Which being read, and after debate thereon, the vote was stated, approve of the first article of union in the terms of the motion, yes or no.
[1706/10/40]*[print] [email] [cite] [preceding] [following]
But before voting the duke of Atholl gave in the following protest: That he for himself, and all others who shall adhere, protested that an incorporating union of the crown and kingdom of Scotland with the crown and kingdom of England and that both nations should be represented by one and the same parliament, as contained in the articles of the treaty of union, is contrary to the honour, interest, fundamental laws and constitution of this kingdom, the birthright of the peers, the rights and privileges of the barons and burghs, and is contrary to the Claim of Right, property and liberty of the subjects, and third act of her majesty's parliament of 1703, by which it is declared high treason in any of the subjects of this kingdom to quarrel or endeavour, by writing, malicious and advised speaking or other open act or deed, to alter or innovate the Claim of Right or any article thereof, and reserving liberty to him and his adherents to renew their protestation against further proceedings in the said matter, and to adjoin their reasons for the same, and desired this his protestation be marked in the records of parliament. Which, being read, the said duke of Atholl took instruments thereon and [James Douglas], duke of Hamilton, [William Johnston], marquis of Annandale, [Charles Hay], earl of Erroll, [William Keith], earl Marischal, [John Fleming], earl of Wigtown, [John Lyon], earl of Strathmore, [Charles Hamilton Douglas], earl of Selkirk, [Alexander Bruce], earl of Kincardine, [David Murray], viscount of Stormont, [William Livingston], viscount of Kilsyth, [Francis Sempill], lord Sempill, [Patrick Oliphant], lord Oliphant, [John Elphinstone], lord Balmerino, [Walter Stewart], lord Blantyre, [William Hamilton], lord Bargany, [John Hamilton], lord Belhaven, [Robert Colville], lord Colville [of Ochiltree], [Patrick Kinnaird], lord Kinnaird, George Lockhart of Carnwath, Sir James Foulis of Colinton, Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, Sir Patrick Home of Renton, John Sinclair, younger of Stevenson, John Sharp of Hoddam, Mr Alexander Ferguson of Isle, John Brisbane of Bishopton, Mr William Cochrane of Kilmaronock, Sir Humphrey Colquhoun of Luss, John Graham of Killearn, James Graham of Buchlyvie, Thomas Sharp of Houston, Sir Patrick Murray of Ochtertyre, John Murray of Strowan, James Moir of Stoneywood, David Beaton of Balfour, Mr Thomas Hope of Rankeillour, Mr Patrick Lyon of Auchterhouse, Mr James Carnegie of Finavon, David Graham, younger of Fintry, James Ogilvie, younger of Boyne, Mr George MacKenzie of Inchculter, Alexander Robertson [of Craig], Walter Stewart [of Pardovan], Alexander Watson [of Aithernie], Alexander Edgar, John Black, James Oswald [of Dunnikier], Robert Johnston [of Kelton], Alexander Duff [of Drummuir], Francis Mollison, Walter Scott, George Smith [of Gibliston], Robert Scott, Robert Kellie, John Hutchison, Mr William Sutherland, Archibald Shiells, Mr John Lyon, George Spence, Mr William Johnston [of Sciennes], Mr John Carruthers [of Denbie], George Home, John Bain [of Tulloch] and Mr Robert Fraser, adhered thereto.
[1706/10/41]*[print] [email] [cite] [preceding] [following]
Then the vote was put, approve of the said first article of union in the terms of the motion, yes or no, and carried approve.
Moved that the list of the whole members of parliament as they voted pro or con be printed, which was agreed to, and they are as follows.
[1706/10/42]*[print] [email] [cite] [preceding] [following]
Approvers of the first article of union in the terms of the motion
The voters against approving the first article of union in the terms of the motion
[1706/10/43]*[print] [email] [cite] [preceding] [following]
Thereafter an overture for an act for security of the true Protestant religion and government of the church as by law established within this kingdom was read and ordered to be printed.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Wednesday next at 10 o'clock.