[M1706/10/76]*[print] [email] [cite] [preceding] [following]
Prayers said.
Rolls called.
Minutes of the last sederunt read.
The twenty second article of union again read, and thereafter the first paragraph thereof in relation to the number of the representatives for Scotland in the parliament of Great Britain was read over again, and, after long debate, a vote was stated approve of the first paragraph of the twenty second article or not.
But before voting there were four separate protests given in, namely: one by [John Murray], duke of Atholl, a second by [David Erskine], earl of Buchan, a third by George Lockhart of Carnwath, and a fourth by Walter Stewart [of Pardovan], commissioner for the burgh of Linlithgow, all against the said vote, and the several protesters took instruments thereupon.
Likewise a fifth protest was given in by [Charles Hay], earl of Erroll in these terms: I, Charles, earl of Erroll, lord high constable of Scotland, do hereby protest that the office of high constable of Scotland, with all the rights and privileges of the same belonging to me heritably and depending upon the monarchy, sovereignty and ancient constitution of this kingdom, may not be weakened nor prejudiced by the conclusion of the treaty of union between Scotland and England, nor any article, clause or condition thereof; but that the said heritable office, with all the rights and privileges thereof, may continue and remain to me and my successors entire and unhurt by any votes or acts of parliament or other proceedings whatsoever relative to the said union, and I crave this my protestation may be admitted and recorded in the registers and rolls of parliament.
And a sixth protest was given in by [William Keith], earl Marischal in these terms: I, William, earl Marischal do hereby protest that whatever is contained in any article of the treaty of union between Scotland and England shall in no manner of way derogate from or be prejudicial to me or my successors in our heritable office of great marischal of Scotland in all time coming, or in the full and free enjoyments and exercise of the whole rights, dignities, titles, honours, powers and privileges thereto belonging, which my ancestors and I have possessed and exercised as rights of property these 700 years; and I do further protest that the parliament of Scotland and constitution thereof may remain and continue as formerly, and I desire this my protestation to be inserted in the minutes and recorded in the books of parliament, and thereupon takes instruments.
Which protestations being read the several protesters took instruments upon their respective protests.
And it was agreed that the members' votes be marked and that a list of their names as they shall vote be printed and recorded, and that at calling the rolls the adherers to the respective protests be marked. As also the lord chancellor was allowed to have his name marked, printed and recorded as an approver.
Then the vote was put approve the first paragraph of the twenty second article of union or not, and it carried approve. And [Alexander Sinclair], earl of Caithness, [David Murray], viscount of Stormont, [Patrick Oliphant], lord Oliphant, [John Elphinstone], lord Balmerino, [William Hamilton], lord Bargany, [Patrick Kinnaird], lord Kinnaird, John Brisbane, younger, of Bishopton, Sir Humphrey Colquhoun of Luss, Sir Patrick Murray of Ochtertyre, John Murray of Strowan, James Ogilvie, younger, of Boyne, Alexander MacKie of Palgowan, James Sinclair of Stemster, Alexander Robertson [of Craig], Alexander Duff [of Drummuir], Francis Mollison, Robert Scott, Archibald Shiells, Mr John Lyon, Mr John Carruthers [of Denbie], George Home, John Bain [of Tulloch] and Mr Robert Fraser adhered to [John Murray], duke of Atholl's protest; Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, Sir Hugh Cathcart of Carleton, the said John Brisbane, younger, of Bishopton, Mr William Cochrane of Kilmaronock, the said Sir Humphrey Colquhoun of Luss, Robert Rollo of Powhouse, Mr James Carnegie of Finavon, David Graham, younger, of Fintry and the said James Sinclair of Stemster adhered to George Lockhart of Carnwath's protest; and [John Lindsay], earl of Crawford and [James Stewart], earl of Galloway adhered to [David Erskine], earl of Buchan's protest.
Then the second paragraph of the said twenty second article anent the calling of the representatives from Scotland to the parliament of Great Britain beginning thus 'and that when her majesty etc.' and ending 'that the names of the persons so summoned and elected shall be returned by the privy council of Scotland into the court from whence the said writ did issue', was again read.
And, after some reasoning, an explanation was offered to be added after these words 'according to the agreement in this treaty', namely: in such manner as by a subsequent act of this present session of the parliament of Scotland shall be settled, which act is hereby declared to be as valid as if it were a part of and engrossed in this treaty. And, after further reasoning, it was moved that the way and manner of choosing the representatives for Scotland to the parliament of Great Britain be determined, and that a clause to that purpose be engrossed in this article. And, after debate, the vote was stated approve of the second paragraph of the said twenty second article as above explained, yes or no.
Whereupon it being moved to delay the said vote until the next sederunt of parliament, a prior vote was stated proceed or delay, and it carried proceed.
Then it was put to the vote approve of the said second paragraph of the twenty second article of union with the above explanation above inserted or not.
And the clause, with the explanation, being thereupon again read, before voting [James Hamilton], earl of Abercorn gave in the following protest, namely: I protest against the settling the representatives of Scotland for the parliament of Great Britain after a distinct manner from what might be appointed by the vote approving the twenty second article, because I do not see clearly into what may be the consequence thereof, and thereupon he took instruments.
Then the vote was put approve or not, and it carried approve.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament