[M1706/10/89]*[print] [email] [cite] [preceding] [following]
Prayers said.
Rolls called.
Minutes of the last sederunt read.
Draft of the act ratifying and approving the treaty of union of the two kingdoms of Scotland and England read a second time.
Then the act for security of the Protestant religion and presbyterian church government, which is inserted in and ratified by the above act, was touched with the royal sceptre by her majesty's high commissioner in the usual manner.
Representation and petition of the commission of the general assembly of the church of Scotland given in and read, and, after reasoning upon the act and representation, the vote was stated approve the act or not.
And 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 high chancellor was allowed to have his name marked, printed and recorded as an approver.
Likewise a protest was given in for [Archibald Douglas], duke of Douglas and read in these terms: We under-subscribers, tutors testamentars to his grace the duke of Douglas, whereof three is a quorum, in name and on behalf of the said duke, forasmuch as his grace the duke of Douglas and his heirs have by his investitures and honours of the estate of Douglas (in consideration of the great and faithful services done and performed to this crown and kingdom by his ancestors) provided to them the honour of leading the van of the arms of Scotland in the day of battle, the carrying of the crown of Scotland in processions and giving the first vote in all parliaments, councils or conventions in Scotland, and likewise by the twentieth article of the union all heritable offices are reserved to the owners as rights of property in the same manner as they are now enjoined by the laws of Scotland, notwithstanding of this treaty, whereby his grace's aforesaid offices and privileges by parity of reason and justice ought to be preserved, yet seeing the entire union of the two kingdoms will be attended with a union of their arms, crowns and councils, whereby his grace's offices and privileges may seem to be of more difficult explication, his grace's tutors and guardians in his pupillary do now before the treaty be ratified in this parliament judge it indispensably their duty for his grace's interest, in his name and theirs, under-subscribers as tutors to him, with all humility, to protest that the said treaty may not in any sort prejudice the aforesaid honours and privileges belonging to his grace and successors, which have been the glorious rewards and marks of honour to the illustrious families of Douglas and Angus for their loyalty, great and faithful services to the crown and kingdom of Scotland, and that this their protest may be recorded and marked in the minutes and records of parliament.
As also another protest was given in by [James Douglas], duke of Hamilton in these terms: Forasmuch as there is a protestation made on behalf of the duke of Douglas in relation to his pretensions of having the first seat and vote in parliament, which protestation being altogether groundless, therefore I, James, duke of Hamilton, do protest in the contrary in regard that none of the said duke of Douglas's predecessors has or enjoyed any such privilege since there were dukes or marquises created in Scotland, and my predecessors were dignified with patents of marquis and duke successively long before he or his predecessors had the same. Secondly, William [Douglas], earl of Angus, the said duke's predecessor, did upon 4 June 1633 resign all right and claim that he or his predecessors or successors had or should have to that privilege of first sitting and voting in parliament in his majesty's hands, which resignation is registered in the books of parliament, 20 June 1633. Thirdly, I and my predecessors have been in continual possession of having the first seat and of first voting in parliament and have been first called in the rolls of parliament past memory of man, and upon this protestation I take instruments and desire the same to be inserted in the records of parliament.
And the several protesters and submitters took instruments upon their respective protests.
Then the vote was put approve the act ratifying and approving the treaty of union of the two kingdoms of Scotland and England, yes or no, and it carried approve.
And the act was thereafter touched with the royal sceptre by her majesty's high commissioner in the usual manner.
The committee appointed to meet tomorrow at 9 o'clock.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Monday next at 10 o'clock.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament
[M1706/10/90]*[print] [email] [cite] [preceding] [following]
In the parliament 16 January 1707, a vote was put approve of the act ratifying and approving the treaty of union of the two kingdoms of Scotland and England, 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:
Approvers:
Nos: