[1706/10/212]¹

Protestation by the duke of Atholl

Wheras by my protest given in the fourth of November last befor voting the first article of the union, I did reserve liberty to renew protestations against any other articles of the treatty, and as I protested, for the reasons therin mentioned, so I do now, for my self and all others who shall adhere, protest against any vote for approving the twenty-second article of this treatty of union and against all the parts of it for these reasons: Because the peers of this realm who are hereditary members of her majesties' great councel and parliament do therby become elective, and so her majestie deprived of her born councellors and the peers of their birthright, and wheras they are at present a hundred and sixty in number, they are, by this article, reduced to sixteen, which sixteen are to be joined with the house of lords in England, whose number at present consists of above an hundred and eighty, wherby it is plain that the Scots peers share in the legislative and judicative powers in the Brittish parliament is very unequall with that of the English, tho' the one be representatives of as independent and free a nation as the other, and is therfore a plain forfeiture of the peerage of this kingdome.

And as it is the hight of injustice and against all the lawes and practicks of this and all other well governed nations to forfeit any person without a heinous crime, so it is against all law to forfeit either the peers that are now present, or those that are minors or absent, without being so much as called or cited for that end.

It is likewise contrair to the honor and true interest of her majesty and the monarchie to suppress the estate of peers who have formerly been the great supporters of the monarchie. And, it is dishonorable and disgracefull for this kingdome that the peers therof shall only have rank and precedencie next after the peers of the like order and degree in England, without regaird to their antiquity or the dates of their patents as is stipulat by the following article of this treatty.

In the next place, each shire and royal burgh within this kingdome have the number of their representatives determined by acts of parliament, whose number at present, being a hundred and fifty fyve, are by this article of the treatty reduced to fourty fyve, and to be joined to fyve hundred and threttein members in the house of commons where they can have no influence by reason of the vast disproportion of their numbers, besides that the barons and burrows of this nation, by this way of uniting, are deprived of their inherent right of being fully and individually represented in parliament both with relation to their legislative and judicative capacities.

And they are not only highly prejudged in lessening their representation, but also degraded from being members of the parliaments of this kingdome where they sitt as judges in all causes civill and criminall, to be joined to the commoners of another nation who are accustomed to supplicat for justice att the bar of the house of lords.

The barons and burrows are also further prejudged in this that, wheras now evry shire and royall burgh have their own representatives, one commissioner will herafter represent severall shires or burghs who it cannot be supposed will understand the severall interests and concerns of the saids severall shires or burghs whom he may represent. And further, for the present representatives of the barons and burrows in parliament to offer by any vote or deed of theirs to incapacitat their constituents or deprive them of any part of their inherent right, is that which their constituents may and do justly disallow, they only having their commissions with the ordinary powers of making or amending lawes and giving supplies, but nowayes to alter fundamentall constitutions or to take away or diminish their representation, which is also a plain forfeiture of their constituents of their inherent rights and undoubted priviledges, and is contrair to the fundamental lawes of this nation which are the birthright of the people therof.

From all which, it is plain and evident that this from a soveraign, independent monarchie shall dissolve its constitution and be at the disposall of England whose constitution is not in the least to be altered by this treaty, and where it is not to be supposed the Scots shall have any weight in the making of lawes, even tho' relative to their own kingdome, by reason of the vast disproportion and disparitie of their representation aforsaid.

And therfor, I do also protest that no vote may hinder nor prejudge the noblemen, barons and burrows, as now represented in parliament, to retain, brook, enjoy and exerce all their rights, liberties and priviledges, as fully and freely as hitherto they have enjoyed them. And since it evidently appears, not only from the many protests of the honourable and worthie members of this house, but also from the multitudes of addresses and petitions from the severall parts of this kingdome, of the barons, freeholders, heritors, burrows and commons and from the commission of the generall assemblie, that ther is a generall dislike and aversion to the incorporating union as contained in these articles, and that ther is not one address from any part of the kingdome in favours of this union, I do therfor further protest against concluding this and the following articles of this treaty untill her majestie shall be fully informed of the inclinations of her people, that, if her majestie think fitt, she may call a new parliament to have the immediat sentiments of the nation, since these articles have been made publick, where it is hoped they may fall on such methods as may allay the ferment of the nation, satisfie the minds of the people, and creat a good understanding betwixt the two kingdoms by an union upon honourable, just and equall terms, which may unite them in affection and interest, the surest foundation of peace and tranquillity for both kingdoms. And this, my protestation, I desire may be received and insert in the minuts and recorded in the books of parliament as an testimony of my disassent and the disassent of such as adhere to me.