[1706/10/40]¹

Procedure: protest

Protestation of [John Murray], duke of Atholl

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.