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Prayers said. Rolls called.
Minutes of the last sederunt read.
Then the debate mentioned in the minutes of the said last sederunt was resumed in relation to the four protestations given in the 7th instant by [John Murray], duke of Atholl, [David Erskine], earl of Buchan, George Lockhart of Carnwath and Walter Stewart, and in relation to another protestation against the same given in the last sederunt by [Patrick Hume], earl of Marchmont.
And after reasoning [John Elphinstone], lord Balmerino gave in a protest against that given in the former sederunt by the earl of Marchmont, and took instruments thereupon.
[1706/10/227]*[print] [email] [cite] [preceding] [following]
I, John, lord Balmerino, do protest that [Patrick Hume], earl of Marchmont's protestation ought not to be admitted as highly reflecting on many noble and worthy members of parliament, and that it is presumptuous and tending to sedition, upon which I take instruments.
Balmerino.
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And [James Douglas], duke of Hamilton, [John Murray], duke of Atholl, the earls [Charles Hay, earl of] Erroll, [William Keith, earl] Marischal, [David Erskine, earl of] Buchan, [Alexander Montgomery, earl of] Eglinton, [John Fleming, earl of] Wigtown, [James Stewart, earl of] Galloway and [Charles Hamilton Douglas, earl of] Selkirk, the viscounts [David Murray, viscount] of Stormont and [William Livingston, viscount of] Kilsyth, the lords [Francis Sempill, lord] Sempill, [Patrick Oliphant, lord] Oliphant, [Walter Stewart, lord] Blantyre, [William Hamilton, lord] Bargany and [Patrick Kinnaird, lord] Kinnaird, George Lockhart of Carnwath, Andrew Fletcher of Saltoun, Mr William Cochrane of Kilmaronock, Sir Humphrey Colquhoun of Luss, Robert Rollo of Powhouse, John Murray of Strowan, Mr James Carnegie of Finavon, David Graham, younger of Fintry, Alexander MacKie of Palgowan, Alexander Edgar, Alexander Duff [of Drummuir], Francis Mollison, Archibald Shiells, Mr John Lyon, Mr John Carruthers [of Denbie], George Home and Mr Robert Fraser, adhered thereto.
And after some further debate it was agreed that none of the above protests be inserted at length in the minutes or printed, but that they be all recorded and inserted in the records of parliament.
[1706/10/229]*[print] [email] [cite] [preceding] [following]
Then the third paragraph of the twenty-second article of union, beginning thus, 'and that if her majesty on or before 1 May next etc.', and ending with these words, 'and that parliament may continue for such time only as the present parliament of England might have continued if the union of the two kingdoms had not been made unless sooner dissolved by her majesty', was read. And, after reasoning thereon, it was moved to add the following clause thereto, namely: 'and that the said parliament of Great Britain shall meet and sit once in three years at least, in that part of Great Britain now called Scotland'.
And, after further debate, there were two states of a vote offered, the first in these terms, approve the third paragraph of the twenty-second article or not, and the second in these terms, add the above clause or not and, after reasoning which should be the state of the vote, it was put to the vote, first or second. And it was agreed that the members' votes shall be marked, and that the list of their names as they vote be printed and recorded, and the lord chancellor was allowed to have his name printed and recorded as a voter for the first state, and, if that shall carry, as voting among the approvers.
Then the vote was put, first or second, and it carried first.
First vote, 9 January 1707
So in the parliament on 9 January 1707 there were two several states of a vote offered, the first in these terms, approve the third paragraph of the twenty-second article or not, and the second in these terms, add the clause following, 'and that the parliament of Great Britain shall meet and sit once in three years at least, in that part of Great Britain now called Scotland', yes or no. Then the vote was put, which shall be the state of the vote, first or second, and it carried first, and the list of the members' names as they voted first or second (ordered to be printed) is as follows.
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First
Second
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Thereafter the vote was put approve the third paragraph of the twenty-second article or not, and it carried approve.
So in the parliament 9 January 1707 a vote was stated in these terms, approve of the third paragraph of the twenty-second article of union, yes or no, and it carried approve, and the list of the members' names as they voted approve or not (ordered to be printed) is as follows.
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Approvers
Nos
[1706/10/233]*[print] [email] [cite] [preceding] [following]
Then the rest of the twenty-second article of union was read and, after some reasoning and reading of the oaths to which it relates, an overture was given in for an additional clause for explaining the word 'limitation' mentioned in the oath appointed to be taken by statute 13th, William III, chapter 6. And another overture was given in for exempting persons in any office or employment in Scotland from taking the oath of abjuration mentioned in the said article. And a third overture for a clause that, so long as the act appointing a sacramental test shall continue in force in England, all persons in public trust within the limits of Scotland shall swear and sign a formula thereto subjoined in manner and under the penalties therein-mentioned.
And after reading the said three overtures and reasoning thereon, a vote was stated, approve the twenty-second article of union as explained or not.
But before voting it was agreed that, notwithstanding of the said vote and that the article shall be thereby approved, it shall nevertheless be entire and free thereafter to proceed on the said overtures next sederunt of parliament and to the parliament to give their sentiment thereon.
And it being thereupon moved to delay the vote for approving the article until the next sederunt, a previous vote was stated, proceed or delay, and it carried proceed. Then the vote was stated, approve or not.
But before voting, it was agreed that the members' votes be marked and that the list of their names as they vote be printed and recorded, and the lord chancellor was allowed to have his name printed and recorded as an approver.
Thereafter the vote was put, approve the twenty-second article as explained or not, and it carried approve.
Vote 3rd, 9 January 1707
So in the parliament on 9 January 1707 a vote was stated, approve the twenty-second article of union as explained or not, and it carried approve, and the list of the members' names as they voted approve or not (ordered to be printed) is as follows.
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Approvers
Nos
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Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.