f 1- 0. Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/diaryofproceedinOOhumerich • •-••• -• ' •- • "•' DIARY OF THE PROCEEDINGS IN THE PARLIAMENT AND PRIVY COUNCIL OF SCOTLAND. MAY 21, MDCC— MARCH 7, MDCCVH. BY SIR DAVID HUME OF CROSSRIGG, ONE OF THE SENATORS OF THE COLLEGE OF JUSTICE. PRINTED AT EDINBURGH: M.DCCC.XXVIII. TO SIR WALTER SCOTT, BAR^ AND THE MEMBERS OF THE BANNATYNE CLUB, THIS CONTllIBUTION IS PRESENTED BY '• THEIK VEEY OBEDIENT SERVANT, JOHN HOPE. 29th December, m.dccc.xxv1ii. C;'B:i04 THE BANNATYNE CLUB. JULY M.DCCC.XXVIII. SIR WALTER SCOTT, Baronet. [PRESIDENT.] THE RIGHT HONOURABLE THE EARL OF ABERDEEN. THE RIGHT HONOURABLE WILLIAM ADAM, LORD CHIEF COMMISSIONER OF THE JURY COURT. SIR WILLIAM ARBUTHNOT, BARONET. 5 JAMES BALLANTYNE, ESQ. SIR WILLIAM MACLEOD BANNATYNE. THE RIGHT HONOURABLE LORD BELHAVEN AND STENTON. GEORGE JOSEPH BELL, ESQ. ROBERT BELL, ESQ. 10 WILLIAM BELL, ESQ. JOHN BORTHWICK, ESQ. WILLIAM BLAIR, ESQ. GEORGE BRODIE, ESQ. BRUDENELL J. BRUCE, ESQ. 15 HIS GRACE THE DUKE OF BUCCLEUCH AND QUEENSBERRY. THE BANNATYNE CLUR JOHN CALEY, ESQ. JAMES CAMPBELL, ESQ. THE HONOURABLE JOHN CLERK, LORD ELDIN. WILLIAM CLERK, ESQ. 80 HENRY COCKBURN, ESQ. DAVID CONSTABLE, ESQ. ANDREW COVENTRY, ESQ. JAMES T. GIBSON CRAIG, ESQ. WILLIAM GIBSON CRAIG, ESQ. S5 THE HONOURABLE GEORGE CRANSTOUN, LORD COREHOUSE. ROBERT DUNDAS, ESQ. HENRY ELLIS, ESQ. ROBERT FERGUSON, ESQ. LIEUTENANT-GENERAL SIR RONALD C. FERGUSON. 30 THE COUNT DE FLAHAULT. JOHN FULLERTON, ESQ. THE RIGHT HONOURABLE LORD GLENORCHY. WILLIAM GOTT, ESQ. SIR JAMES R. G. GRAHAM, BARONET. 35 ROBERT GRAHAM, ESQ. THE RIGHT HONOURABLE LORD GRAY. THE RIGHT HONOURABLE THE EARL OF HADDINGTON. HIS GRACE THE DUKE OF HAMILTON AND BRANDON. E. W. A. DRUMMOND HAY, ESQ. 40 JAMES M. HOG, ESQ. THE BANNATYNE CLUB. JOHN HOPE, ESQ. DAVID IRVING, LL.D. JAMES IVORY, ESQ. THE REVEREND JOHN JAMIESON, D. D. 45 ROBERT JAMESON, ESQ." SIR HENRY" JARDINE. FRANCIS JEFFREY, ESQ. JAMES KEAY, ESQ. JOHN G. KINNEAR, ESQ. 50 THOMAS KINNEAR, ESQ. ITREASURER.) THE RIGHT HONOURABLE THE EARL OF KINNOCLL. DAVID LAING, ESQ. ISBCRBTARY.] THE RIGHT HONOURABLE THE EARL OF LAUDERDALE. THE REVEREND JOHN LEE, D. D. SS THE MOST NOBLE THE MARQUESS OF LOTHIAN. COLIN MACKENZIE, ESQ. THE HONOURABLE J. H. MACKENZIE, LORD MACKENZIE. JAMES MACKENZIE, ESQ. JAMES MAIDMENT, ESQ. 60 THOMAS MAITLAND, ESQ. GILBERT LAING MEASON, ESQ. THE RIGHT HONOURABLE VISCOUNT MELVILLE. WILLIAM HENRY MILLER, ESQ. THE RIGHT HONOURABLE THE EARL OF MINTO. 65 SIR JAMES W. MONCREIFF, BARONET. THE BANNATYNE CLUB. JOHN ARCHIBALD MURRAY, ESQ. WILLIAM MURRAY, ESQ. MACVEY NAPIER, ESQ. FRANCIS PALGRAVE, ESQ. 70 HENRY PETRIE, ESQ. * - • ROBERT PITCAIRN, ESQ. JOHN RICHARDSON, ESQ. THE RIGHT HONOURABLE THE EARL OF ROSSLYN. ANDREW RUTHERFURD, ESQ. 75 THE RIGHT HONOURABLE SIR SAMUEL SHEPHERD, LORD CHIEF BARON OF SCOTLAND. ANDREW SKENE, ESQ. JAMES SKENE, ESQ. GEORGE SMYTHE, ESQ. JOHN SPOTTISWOODE, ESQ. 80 THE aiOST NOBLE THE MARQUESS OF STAFFORD. MAJOR-GENERAL STRATON. SIR JOHN ARCHIBALD STEWART, BARONET. THE HONOURABLE CHARLES FRANCIS STUART. ALEXANDER THOMSON, ESQ. . . 85 THOMAS THOMSON, ESQ. lVICE-PRESiDENT.1 W. C. TREVELYAN, ESQ. PATRICK ERASER TYTLER, ESQ. The following Diary may perhaps be thought not to poliels as much in- tereft as might have been expected from the opportunities and habits of ob- fervation of the writer, and the difcuifions carried on during the period which it embraces. But it is believed to be the only Record of the fort which has ever been printed. And it undoubtedly affords a very curious and interefting view of national character, and feeras to fuggeft fome valuable materials for re- flection, on the caufes which contribute to form the character of Legillative Bodies, and to create in individuals the fpirit, the feelings, and the habits of thought and of action, efTential to render the deliberations of luch Bodies either ufeful or dignified. The penifal of this Diary may, perhaps, lead one to think that the remark at p. 194, that " the day was fpent in jangling, and nothing done," is appli- cable to many of the difcuifions noticed in the Diary. Of the writer of this Diary, I have not been able to obtain much informa- tion. But I am indebted to Mr Riddell for fome notices refpecting him. From various deeds, preferved in the Blaccader Charter C'heft, or in the Great Seal Record, it appears that he was a brother of Sir John Home of Blaccader, Bar'., created 1671. — Loift Croflrig fpelt his name Hume. The following notice of him occurs in Pitmedden's Abridgment of the Acts of Sedenmt, with remarks, (MS. Advocate's Library.) " 3d June, 1687. — Mr David Home, a/otie of the hous of Blaccater, in the Merfe, is this day admitted advocate upon his petition, without tryall of his qualificatiounis, becaus he reprefented that he had ftudied the civill law abroad with the Lord Reidfoord, ane of the Lordis ther number, Sir Pa- trick Home, and Sir Jone Lauder, advocates, who will give teftimony of his diligence and proficiency in that ftudy ; and that for weighty realbns he had defifted from fuch clofe profecution of his ftudies as wes neceffar for under- going a ftrict tryall." In about two years after the above date, (Nov. 1689,) he was appointed one of the Judges of the Court of Seffion. The Diary was in the poffeffion of the late Mr Mathew Sandilands, W.S., and now belongs to John Orr, Esq., who has allowed it to be printed. The following is the entry referred to by Lord CrolTrig, at p. 194, as contained in his private Diary, but which was not obtained in fufficient time to inlert in its place as a foot-note. Wednesday — Jan. 8, 1707. At 2 went to the Parliament, where there was much jangling about I'orae expreliion the D. of Athole bad about his Proteftation, which the D. of Argyle whifpered in his ear was a lye ; which being told the Houfe by Kilmaronnock, took up a long time. At laft the Parliament did remitt the adjufling the matter to the Earls of Errol, Marlhall, and Leven, and took both parties' word of honour to do nothing in the mean time. Then the queliion was put, If the Protelta- tions ihould be pnblilhed at length in the Minutes ; and when it I'eemed agreed to, the E. of Marchmont gave in a counter Proteltation, That 4 of them were prelnmptnous, illegal, and un- warrantable, derogatory to the authority of the Queen and Parliament, and tending to fedition, &C. Thefe matters were adjourned till next Meeting. OCCURRENCES IN PAELIAMENT AND PRIVY COUNCIL. 1700, 1. — Tuesday, May 21. The Council fate at the Abbay, when the King's commiflion, under the great feal, to his grace James, Duke of Queenfberry, for being his Majef- ty[*8 High CoramifRoner] to this eight Seflion of Parliament, to talce be- ginning this day, and to laft till the laft day of this Seffion, was read. The Earles of Eglington, Strathmore, Findlatour, and Kintore, were qualified coramiflioners. The Council adjourned tiU Thurfday, 10 a clock. After 1 a clock, the Parliament mett. Prayers faid by Mr Blair. The King's commiflion to the Duke of Queenfberry read. A Letter by the King to his Coramiflioner, for nominating the Lord Montgomerie to officiate as High Treafurer, given in to be read. Here it was alledged a novelty, to have a reprefentation of an Officer of State not in being, efpecially not being one of the Commiflioners of Treafury. It was anfwered, the King was in pofleflion of it ; the now Commiflioner officiating fo in [16]93 ; the now Marquifs of Twedal in [16]95 ; the Lord Polwarth in [16]98. It was faid to this, that the Parliament did never confent. It was anfwered, for three Parliaments it was never controverted. After a long debate, it was moved A 2 OCCURRENCES IN PARLIAMENT 1700. to be voted, Whether the Letter fhould be read. It was faid, the Rolls be- hoved firft to be all called, for conftituting the Parliament. It was anfwered, this Parliament was already conftitute, for it is a current Parliament. At length the debate was let fall, and the Letter was read, under afTurance that he fliould not be admitted untill the debate were refumed. So the Letter being read, and the debate taken up again, the Duke of Hamilton fpoke ; who was afked. If he was qualified. He faid. Not, but that he offered and craved to be qualified, and craved the Rolls might be called in order thereto. It was moved. This vote fliould be firft taken before the Rolls were called. But, after fome altercation, the Commiffioner faid, that before the King's bufmefs were retarded, he ordered the Rolls to be called ; which was done. And after a little more debate, in the midft of which the Chancellour caufed qualify the Lord Montgomerie ; and, in fine, the debate was let fall, and he again fwore the Oath of Parliament ; but under a declaration by fome, and acquiefced to, that it fhould not be a prefident for others ; tho there was read an unprinted act 1617, when the King, in anfwer to a queftion of the Parliament, declared, that for time to come no more but eight Officers of State fhould have vote in Parliament, and that, albeit they fliould be employed by commiffion, divifion, or otherwife. The King's Letter to the Parliament read. The Commiffioner had his Ipeech, and the Chancellor his. Several new members having qualified themfelves before this, and Sir Andrew Home, Commiffioner for Kircudbright, had his commiffion contro- verted, as being by thofe who were not qualified according to A It was alledged, that tho the alledgeance was relevant, yet, there being no competition, it fliould be inftantly verified. It was anfwered, it was not calumnious ; and Garthland declared, he thought it was true. This took up a confiderable time in debate ; and in end he was admitted, and orders given for citing the electors ; and dayes affigned for chufing Coramiffioners for Tweddal, Kinrofs, Clackmannan, Stirline, Renfrew, Nairn. 1700. • AND PRIVY COUNCIL. 3 The Parliament adjourned till Fryday, 10 a clock. Prayers faid be Mr Blair. 2. — Fryday, May 24. Prayers faid. Rolls called. Minutes read. Some debate occurred about Mr Higgins, commiflioner for Linlithgow, who, it was alledged laft day had not taken the aflbciation ; and therefore, orders given, but not figned, for a new election, becaufe it was verified he had figned the fame. Now his di- miffion produced to the Parliament, in refpect he is now become a preacher of the Gofpel. It was alledged, he could not dimitt without confent of the town, who muft be acquainted. It was faid, he had dimitted to the town alfo in [16]98 ; and in end a petition by the town of Linlithgow, for chufing a new commiffioner. Then it was moved by the D. of H., The act of Parliament be read, anent chufing Committees. Moved by E. of Tullibardine and Sir J. Home, The bufinefs of Caledonia be firft proceeded unto. Moved by the Treafurer- depute. That the fecurity of our Religion be firft confidered ; that we had alfo the afiair of Caledonia, and the anfwer of the King's Letter to be confidered. The Secretary told he had a good many other things, as, for incouraging manufactories, againft exportation of wool, &c. ; but, firft, that the Commit- tees behoved to be chofen. Refolved, That no motion come from any Committee till it be firft remit- ted to them by the Houfe. Proceeded to chufe 9 of every State for the Committee of Security ; 7 for the Committee of Trade ; 5 for controverted Elections ; 1 for the anfwer of the King's Letter ; 1 for revifing the Minutes. ' Committee for Security of the Kingdom. Lords.— E. Melvil Lord Prefident of the Council, E. of Argyle, E. of Mar, E. Lauderdale, E. Lowdon, E. Leven, E. Annandale, E. of Errol, Lord Carmichal. A OCCURRENCES IN PARLIAMENT 1700. Barons. — Robert Craig of Riccarton, Sir John Home of Blackader, Sir Th. Burnet of Leyes, Laird of Grant, Laird of Brodie, Sir Francis Scot of Thirleftan, Laramington, Will. Bennet, younger of Grubet, Sir Will. An- flruther of that Ilk. Burrowes. — Sir Robert Chifeley, Mr John Murray, Mr Ro'. Stewart, Sir John Hamilton, Sir Will. Hamilton, Sir Archbald Muir, Sir James Smallot, Mr David Dalrymple, Sir Hugh Dalryraple. I, M.,u J .1,' 1 ^ - > Committee for Teade. Lords. — E. of Aboyne, E. of Kintore, Vif. Tarbat, Lord Forbefs, L. Jed- burgh, L. Ruthven, L. Boyle. Sarong. — Preftongrange, Sir John Houfton, Stoniewood, Aflifk, Leving- fton, Scot y. of Logie, DalfoUy. Burrows. — James Fletcher, John Anderfon for Gla%ow, John Muir for Air, Robert Johnfton, Mr Alex'. Cuninghame, Mr Will. Johnfton, Hugh Brown. Committee FOR Controverted Elections. Lords.— E. Glencairn, E. Findlator, E. Camwath, L. Jedburgh, L. Bal- landen. Baro7is. — Beinfton, Galla, Torwoodlie, Garthland, Houfton Sharp. Burrows. — Mr Francis Naper, Sir Andrew Home, Mr James Campbel, Mr John Lyon, Sir Robert Stewart. Committee for Answering the King's Letter. E. of Argyle. Laird of Grant. Sir Hugh Dalrymple. Committee for Revising the Minutes. Vifcoimt Tarbet. Lord Fountainhall. Mr David Dalrymple. 1700. AND PRIVY COUNCIL. 5 The Parliament adjourned till Munday at 10 a clock. Prayers faid. 3. — Munday, May 27- Praiers faid. Rolls called. Minutes of laft federunt read, where there were feveral amendments made. • " -* -»' • • Overtures read by the Advocate concerning Religion, for ratifying all the laws againfl Popery, with fuch other additions as Ihall be thought fit ; alfo, for ratifying all the laws in favours of Prelbyterie ; and another, for the better execution of the laws againft profanity. Moved by my Lord White- law, That acts againft Prefbyterie be refcinded, particularly that of the King's power of diflblving Aflemblies, an. [16]63. An Act given in by ray Lord Belhaven, ratifying the laws againft Popery, and eftablilhing the Preft)yterian government as founded on the word of God, and moft agree- able to the inclinations of the people, &c. Moved by my Lord Anftruther, That it fhould be high treafon for any to advife the King to alter the go- vernment of the Church as it is eftabliftied by law. Moved by Vifc. Tarbet, That as to Religion, we take the King's Letter to conlideration, as became us in decency. It was anfwered, they were going on the matter of Religion ; and my Lord Whitelaw faid, that if the reafon of proceeding to Religion was, becaufe the King minded it in his Letter, then a quatenus ad omne, &c., we fliould take all the things contained in the King's Letter to conlideration, which was contrary to the refolve. So remitted the bufinefs of Religion and Profanity to the Com- mittee for Security. Then moved. The petition for the Company trading to Africa and the In- dies be read ; which was done. The D. of H. [faid] that feeing no Scotfman would be againft the intereft of that Company, an Act be brought in affert- ing the Companie's intereft and legal title to Caledonia in Darien — be read, and gave in the overture. But before this was done, there was read a number of petitions, given in by the fhires of Haddington, Roxburgh, 6 OCCURRENCES IN PARLIAMENT 1700. Perth, Stirline, towns of Cowpar, Haddington, Durabar, the Commiffioners of the ihire of Lanerk, &c. all concerning Caledonia, the poor, manufacto- ries, and many of them for eafing us of a ftanding army. The Chancellour told us the Parliament had fate long ; they might con- fider better of thefe things till next meeting ; and that the Coraraiffioner adjourned the Parliament till Thurfday next at 10 a clock : the Committee for Security to meet to morrow at 9 a clock. It had been moved by D. H., after ending the adjufting the minutes. That the Seffion approaching be adjourned. The Advocate read of the A. [16]93. an Act for adjournment of the Seffion till November 1, and moved that might ferve for a firft reading. Prayers faid. A complaint or information of feverals upon oath read and attefted by the magiftrates of that an Englifh floop came into Loch Rye and did feveral abufes, &c. 4. — Thuksday, May 30. Prayers faid. Rolls called. The Commiffioner had a fpeech of his intire fidelitie to the King and kindnefs to his countrey ; that he was fully in- ftructed to confent to many good laws, even in favours of the Company tra- ding to Africa and the Indies ; but that fomething had intervened, as to which he was not inllructed, and therefore thought fitt to adjourn the Par- liament for fome fliort time. So the Chancellor, in the Commiffioner's name, adjourned the Parliament till 20th of June next. Prayers faid. Again adjourned by Proclamation till Auguft ; then by Proclamation till October 22 ; from that by Proclamation till October 29. 1 — Tuesday, Oct. 29. The Parliament met about 1 a clock. Prayers faid by Mr Blair. Rolls called. Received as uncontroverted members, the Marquis of Athol, E. of Rothes, Dalhoufie, Vif ^ Rofeberry, Lord Rae, Robert Dundafs of Amiflon ■^ 1700. AND PRIVY COUNCIL. T commiffioner for Mid-Lothian, Laird of Gleneagles, &c., Walter Scot for Jedburgh, &c. A queftion moved by the D. of Hamilton, upon reading the commiffion to the D. of Queenfberry, if this was a new Seflion or the old : after fome difcourfe, agreed it was a new Seffion. Then a letter offered by the Commiffioner from the King to him, for employing the Lord Mont- gomerie as Lord High Treafurer for vote in Parliament. After fome de- bate, and reading of the Act of Parliament 1617, and the E. of Lauderdale's motion, that the vote fliould be alked. Receive him or not, it was let fall, and he received. Then letter for the Vifcount of Seafield's acting as Secre- tary, read, and he named firft before the Lord Montgomerie. Then came to a controverted election for the fliire of Wigton, Lord Bafil Hamilton having produced a commiffion, and [William] Stewart of Caftle- milk [Caftleftewart,] having produced another. But before it was proceeded in, the King's Letter to the Parliament was read, relating to his Letter to the former Seffion, and that he M'as now ready to make all therein good, and many other things, for the good of church and ftate ; but as for the colony fettled in Darien, that he could not yield to the refolve offered in the laft Seffion, left he fhould involve Europe in a war, and bring it on this king- dom, without help from any band. The Commiffioner had a fpeech, and the Chancellour a fpeech, both relating to the King's Letter, and all appointed by the Commiffioner to be printed. Moved, the orders of Parliament be read, which was accordingly done. Then refumed the debate about the double election, whether to be dii- cuffed in plane Parliament, or to be remitted to a Committee. Some were for plane Parliament, others for a Committee, others for part of it in plane Parliament, part in a Committee. It was faid, the Barons were encroached upon by two noblemen, (the Earle of Galloway and Vifcount Stair,) coming into the Barons the time of election, therefore the trial to be in plane Par- liament. Others urged, that it is fitt that Houfe be as quickly full as may 8 OCCURRENCES IN PARLIAMENT 1700. be, which will be quicklieft done in plane Parliament. Some was for hearing the matter of fact from the parties elected ; others thought that Caftlemilk [Caftleftewart] was balhfull, and could not fo freely fpeak ;— it was anfwer- ed, he had been a member in Parliament 1685, and it is 15 years fince. Some were for reading the inftruments on both fides, taken on the faid occafions. So the altercation having continued till candles were lighted, it was thought fitt to adjourn the Parliament till Thurfday at 10 a clock, and the parties to be heard then either by themfelves or their procurators. Praiers faid. 2 Thursday, Oct. 31. Prayers faid be Mr Blair. Rolls called. Lord Portmore's patent read, and he received. Minutes read. The act of adjourning the Seffion, &c. till firft Tuefday of December, read a fecond time, voted, and touched. Then came on the queftion about Lord Bafil Hamilton and Stewart of Caf- tleftewart's election, in which Lord Bafil gave a long account of the matter, and Caftleftewart's advocates fpoke for him, viz. Mr David Cunningham for him firft, Mr David Forbels for Lord Bafil, Mr Francis Grant for Caftleftewart ; Mr David Forbefs anfwered him, and then young Lanton. Then feveral inftruments read upon both fides, Lord Bafil complaining that the Earl of Galloway and Vifcount of Stairs came in when the Barons were on the election, and fo the election of Caftleftewart was null, as being contrary to the Act of Parliament 1681. Caftleftewart complained that the election of Lord Bafil was null, as being when the Sheriff fate and pre- fided when the Rolls were making up, without being chofen prefes of the meeting, &c. A long debate was held about the incroachment made by the two peers on the Barons. It was alledged they came in after they were called by the Barons, though not by vote ; fo the ftrugle continued to 8, 9 at night, the one fide craving the queftion might be ft;ated If the Sheriff's 1700. AND PRIVY COUNCIL. 9 behaviour was an incroachment ; the other If the Nobilitye's behaviour was an incroachment. When they could not agree what fhould be the vote, it was moved by the Prefident, Which of the two fliould be firfl determined ; by the Laird of Grant, Whether the Nobilities' coming in was not an in- croachment on the ftate of barons. Then the Prefident moved that it might be voted. Whether the Sheriff's behaviour was an incroachment ; and upon ftating the vote was fpent two or three houres, till at length the Parliament was adjourned till Saturday at 10 a clock ; and prayers faid. 3. — Saturday, Nov. 2. Praiers faid be Mr Blair. Rolls called. Minutes read. Proceeded to the affair of the election of ^Vigton. Refolved unanimoufly, That the enquiry into the complained upon in- croachment on the barons by the Lords, Sheriff, and others, is not to inferr a cenfure on any, but in order to a law for the future for afferting and clear- ing the privileges of the elections, and for annulling the prefent elections. Lord Bafil Hamilton allowed to give an account of the matter of fact anent the Sheriff's fining Gordon of Grange for refufing to go out when the Houfe was wfli'd for the barons to proceed to the election, in refpect he alledged he was a baron ; the Sheriff's prefiiding without a vote of the ba- rons ; &c. After which there was a long reafoning ; and then the vote came to be flated. Whether the Parliament Ihould proceed to the Sheriff's pro- cedure, or the Lords' their coming in, under thefe words Lords or Sheriff. Carried by one vote Sheriffs. And it being late, the Parliament was ad- journed till Tuefday 10 a clock. Prayers faid be Mr Blair. The Commiffioner invited all the members to dine with him on Monday, being the King's birth-day. 4. — Tuesday, Nov. 5. Praiers faid. Rolls called. Minutes read. . . B 10 OCCURRENCES IN PARLIAMENT 1700. A motion, about a paper formerly given in by my Lord Rofs againft my Lord Rollo, that it might be read. It was alledged, this without prece- dent; that where none who gave it in, craved it to be read, and which might contain in it injurious reflections, that fuch a paper fliould be read. My Lord Aberuchel gave fome account of the contents of it, that it was a declaration of the Synod of Perths, concerning my Lord in abfence, for his contumacy in not compearing when he was out of the kingdom. It was alledged, the Parliament fliould not be a fanctuary to fugitives from the difcipline of the church. It was moved, the bufinefs fliould be waved. But after debate on both fides, the paper was allowed to be read, being an Act of the Synod of Perth, bearing, that where the Prefliytery of had often times cenfured and dealt with the Lord Rollo, for having deferted his lady, and that there were fl;rong prefuraptions he was guilty of adultery with , with whom he had converfed as man and wife, and that they had cited him to compear, and he had fled to England to avoid difcipline ; therefore, the Synod appointed intimation thereof to be made in all the parifli churches of the Synod. This in November 1699. Now there being no complaint of this by any church judicatory, and there being ane addrefs to be offered by the Commiffion of the AflTembly, the Parliament did let this fall, till the faid addrefs came in. Then came to appoint to-morrow fortnight for electing a member for the fliire of Air, in fl;ead of Rowalland deceafed. Then came to the controverted elections for Wigton or Galloway; and Lord Bafil being allowed to give a further account of the matter of fact, which he did, the Commiflioner and Efl;ates of Parliament granted dili- gence upon 24 hours, to cite fuch witnefles as either party fliould think fit againfl; the next federunt of Parliament ; and referves to the Parliament, Whether they will take the depofitions coram, or remitt the matter to a ♦ Committee. Then proceeded to chufe the Committees for the feveral purpofes, and in the feveral numbers as formerly. 1700. AND PRIVY COUNCIL. 11 Committee for the Security of the Kingdom. NGbility — Earls of Argyle, Marr, Lauderdale, Lothian, Loudoun, Le- ven, Annandale, Vifc. Stair, Lord Carmichael. Barons. — Robt. Dundafs of Arnifton, Sir John Home of Blackader, Wra. Bennett y'. of Grubbet, Sir Francis Scot of Thirlftane, Wm. Baillie of Lammington, Sir Th. Burnet of Lyes, The Laird of Grant, Sir William Anftruther of that ilk, James Brodie of that ilk. Burrows. — Sir Archbald Muir, Mr John Murray, Sir James Smallot, Mr David Dalrymple, Sir John Hamilton of Halcraig, Wm. Menzies, Sir Hugh Dalrymple Prefident of the Seffion, Sir Wm. Hamilton of Whitelaw, Sir Alexander Home. Committee for Trade. Xohility. — Earls of Buchan, Aboyne, Kintore, Vifc. Tarbet, Lords For- befs, Jedburgh, Ruthven. Barons. — Wm. Morifon of Preftongrange, Jo. Hadden of Geneagles, Sir John Shaw of Greenock, Patrick Murray of Livingfton, James Moir of Sto- niewood, Mr James Carnegie of Phinhaven, James Scot younger of Logie. Burrows. — James Fletcher, John Anderfon for Glafgow, John Muir for Air, Mr Alexander Cunninghame, William Cultran, Mr William Johnfton, Hugh Bruce. Committee for Controverted Elections. Nobility. — Earls of Glencarn, Camwath, Broadalbin, Vifcount Tarbat, Lord Ballanden. Baro)is. — William Hepburn of Beanfton, Ja. Pringle of Torwoodlie, Jo. Crawford of Kilbirnie, George Brodie of Aflifk, Sir Jo. Arlkine of Alva. Burrows. — Sir Andrew Home, Mr James Campbel, Mr William Brodie, Mr Robert Forbefs, Sir Archibald Sinclair. IS OCCURRENCES IN PARLIAMENT 1700. Committee fok answering the King's Letter. Nobility. — E. Argyle. Barons. — Laird of Grant. Burrows. — Sir Hugh Dalrymple. Committee for revising the Minutes. Nobility. — ^Vifcount Tarbat. Barons. — Sir John Lauder of Fountain- hall. Burrows. — Mr David Dalrymple. 5 Fryday, Nov. 8. Praiers faid. Rolls called. A commiffion to [Mr Charles Mitchell] for Ork- ney read. Objected againft it, that it hath been blank, and filled up of a late date. The perfon's name and defignation is as writer of Edinburgh, not as a baron ; the place of meeting not the head burgh of the fliire or ftewarty, as the Act 1681 appoints ; the clerk of the meeting not fubfcri- bing : fo it is remitted to the Committee of Elections. Minutes read. Brought in an Act for fecurity of the Proteflant religion and Prelbyterian Church-government. But firft read, A reprefentatiou of the Commiffion of the General Affembly, and appointed to be printed. Then read the Act from the Committee ; and another given in by Sir John Home, with an additional claufe for the Aflemblies to meet, fit, and adjourn themfelves, whether the King's Commiffioner be prefent or not. Both ap- pointed to ly on the table. Read, another Act from the Committee againft Papifts, &c. Moved, The motion for Perfonal liberty be remitted to the Committee. E. Tillibardin moved, A draught of an Act formerly given in 1698 to that purpofe, be read. Moved by the L. Belhaven, That, after the affairs of the Church, the bu- finefs of Caledonia be brought in. A long debate about that, whether it be not fitter that the other law concerning Trade, contained in the King's let- 1700. AND PRIVY COUNCIL. ]3 ter, Ihould not firft be confidered. In end, Sir J. H. moved, That the af- fair of Caledonia is a bufinefs of great import, and to be confidered. The Prefident moved a Refolve, that after the providing of laws for Trade, for Import and Export, &c., the important affairs of Africa, and Indian Com- pany, and Caledonia, be taken into confideration. The Commiffioner affii- red the Parliament, they fhould have it under their confideration. Moved by others, that a prefixed day be appointed for hearing thereof: So it came to a vote, which of the two laft fhould be the Vote ; carried the firfl; be 31 votes. Then voted and carried. That after the bufinefs of the other branches of Trade, the Parliament will take to their confideration the important affairs of the Africa and India Company, and of Caledonia. - Several Overtures given in about buying, wearing, or ufing foraign wool- len manufactures, [and] regulating the trade with France and Ireland. The Parliament adjourned till Tuefday at 10 a clock. The Committees to meet at 9 a clock Munday. Praiers faid. 6 — Tuesday, Nov. 12. Praiers faid. Rolls called. [Mr John] Gordon, Commiffioner for Su- therland, in place of Sir Adam Gordon of DalfoUie deceafed received a member. Minutes read. The bufinefs of the election of Wigton refumed, the lafl Minutes thereanent read ; and after fome debate, and taking Cafl;lefl;eward's oath of calumny, If he had reafon to alledge what was contained in his in- fl;rument concerning the Sheriff was true ; which he did declare : the bufi- nefs was remitted to the Committee. Read a fecond time. The Act ratifying the laws for eflablifliing the Pro- teflant religion and Prelbyterian Church-government ; alfo the additional claufe given in by Sir John Home ; and debated, the Act brought in by the Committee, being clear, might be voted ; others were fbr letting it ly with the additional claufe till the next meeting. At lafl aggried. That the Act 14 OCCURRENCES IN PARLIAMENT 1700. brought in be the Committee be voted, and it carried, nemine contradicente ; and that a new Act to the purpofe of the claufe be read, and it was read, and allowed to ly on the table. There had, at the beginning of this federunt, feveral petitions been read ; one be the Laird of Innes, for citing the D. of Gordon, to lie on the table till next day ; one for a glafs and white foap manufacture at Glafgow ; another for making of beavors, luctors, and Carolinas, and for prohibiting the exportation of wool, &c. Remitted to the Committee for Trade. Prayers faid. The Parliament adjourned till Thurfday at 10 a clock. 7. — Thursday, Nov. 14. Prayers faid. Rolls called. Mr Roderick M'Kenzie, Commiffioner, cho- fen for the fliire of Cromartie, admitted ; and one, who figned to the elec- tion as procurator for a baron, ordered to be delete out of the commiffion. Minutes read. A petition from the Barons of Argylefhire read, which reprefents, that Sir Duncan Campbel of Auchenbrak, by reafon of his infir- mitie, attefted by the minifter from foul and confcience, and by an apothe- cary upon foul and confcience, and upon his dimiffion upon the faid narra- tive, and craving leave to elect a new Commiffioner. Read alfo the faid two declarations and his dimiffion ; and it was declared by Sir Colin Camp- bel of Arkinglafs, and feveral other members, he had declared himfelf Ro- man Catholick ; and fome fay he is mad. After fome difcourfe, warrant was granted to the Barons to chufe a new Commiffioner ; and the day ap- pointed is this day fortnight. Moved, The petition by the Laird of Innels againfl the D. of Gordon may be granted, for orders to cite the Duke ; which, after long altercation, was put to the vote and carried, Grant. Several petitions remitted to the Committee for Trade ; one for break- ing, diftinguifliing, and ordering of wool ; one for guilding ; one for ma- king of vine-eager or ale-eager ; [and] one given in by the M. of Tweedale for prohibiting trade with France, till the trade be notified by the French, 1700. AND PRIVY COUNCIL. 16 Read a fecond time, the Act againil Popexy and Papifts. The Parliament adjourned till to-morrow at 1 a clock, and the Commit- tees to meet at 9- Prayers faid. 8 Fryday, Nov. 15. Prayers faid. Rolls called. Minutes read. Petition for the Lord Croff- rig for fupplying his lofs of his papers at the late fire, February 3 laft, moved to be read, by Sir John Home. Read and remitted to the Commit- tee for reviling the Minutes, viz. Vifcount Tarbate, Lord Fountainhall, and Mr David Dalrymple. Moved, the Act given in be Sir John Home, anent the Affemblies of this Church, be read ; which was read. Then it was fpoken to, by Drummond of Megginch, that the fame motion was made in anno 1690, when the Act then paft for re-eftabliftiing the Church-government ; that application was made to the general meeting of the Minifters, who were for palling the Act as it was brought in, without the claufe now in the Act; that the Aflemblies fince that time, have never moved for any fuch lawes ; that the prefent commifRon of Aflembly does not conceive themfelves empowered to alk any fuch thing ; and therefore he moved, the fame might be delayed for this time, efpecially feing the intrinfick power of the Church is not called in queftion. Sir William Denholm of Wefthals feconded what was faid ; and added, he was an old man, had feen Prelbyterie in all its Ihapes : in 1649 it was at fuch a bight, as was infupportable to every body ; there- after, it was quickly Ihattered and weakened, and at the Reftoration it over- tiuTied ; now it is reftored and flourifhes, and therefore he thinks it will be content with its prefent condition, and this Act fhould be delayed. of Pardovan faid, that all the Minifters in the coramiffion afferted the intrinfick power of the Church to meet in their Aflemblies, and he thought the Parliament Ihould alfo aflert it. My Lord Aberuchel gave an account of what paft in the commiflion ; that whatever was the private fentiments 16 OCCURRENCES IN PARLIAMENT 1700. of the Minifters, they did not find themfelves commiflionate to addrefs the Parliament for this or yet to aflert it. Young Grubet urged the Act might be proceeded to. The Lord Tarbat acknowledged the Church had an in- trinfick power in Jacris ; but how far it may be extended &c. was not now the queftion ; but, If it was fitt at this time to define it, or to conlider it, when we had a King at perfect accord with the Church. E. Tillibardin faid, he thought this the moft proper time ; as alfo Lord Belhaven, that it was fitter to pafs in his time, who is a friend to our Church, then if an ene- my to it fliould fucceed. Sir John Home urged, that feing, we know by experience, that the King was ftraitened by England in the matter of our Trade, it were fitt to eafe his Majefty, by making a law to prevent his being impreffed by the Church of England, which hath an Epifcopal government. After long and prettie debates, wherein likewife the Treafurer Depute, and Juftice Clerk appeared for delaying, it was moved. Proceed to the confi- deration of the draught oifered, or Delay. It was alfo moved, That before that vote, the Act 5. Sefs. 3. Pari. 1. Char. II. might be read. This was op- pofed a long time, and much debate about it. In end refolved, the Act fliould be read immediately before the vote ; and it was read, and the Act 1690 was read, wherein it was refcinded, with fome limitations. Then the queftion put. Proceed, or Delay, carried by about 50 votes. Delay, where many were filent or refufed to vote. Then moved how long this delay was to be. If to fome day next week, or this SefRon, or till next Seflion of Par- liament. It was anfwered, that all who had fpoke for a Delay, fpoke for it during this whole Seflion. It was anfwered, this was indeed fpoken of in reafoning, but it was not in the Minutes. So fome moved it might be to a fixed day of this Seflion, or till the next Seflion. Agreed on that vote, which was voted. To a fixed day, or during this Seflion of Parliament. Carried, During this Seflion of Parliament, be 68 votes. The Act for Perfonal liberty brought in from the Committee, read. Moved and ordered it be printed for the Members of the Houfe. Moved, r noo. AND PRIVY COUNCIL. 17 The draught given in by the Earl of Tullibardin, and remitted to the Com- mittee, be printed, Refufed to be ordered to be printed, but allowed to be printed. I forgot one thing moved, after the Minutes, by the Lord Treafurer De- pute, That there was a paper publifhed, called A Memorial to the Members of Parliament of the Court party, which addrefs was very unbecoming, and read a pafTage, faying the King was Epifcopal in England, and that whether he were Prefbyterian here we would know when we Jhould have the happinefs to fee him here ; how great our fecurity for the Proteftant intereft is, is not known, feing the King is in league with the French King, or fome fuch words. Moved, the book might be cenfured, and the printer and author enquired into ; which all the members agreed to. E. Marfhal moved, that Harris's book might alfo be printed [burnt.] Ordered the faid Memorial be, tomorrow at 12 a clock, burnt by the hand of the hangman, and the author and printer be enquired into ; and for this end remitted to the Committee for Security, &c. As to the other book, all agreed it fhould be burnt ; but becaufe it was not here, and it were undecent to give orders about it, till fome expreffions of it were read, delayed that till to-morrow. Parliament adjourned till to-morrow at 10 a clock. Prayers faid. 9. — Saturday, Nov. 16. Prayers faid. Rolls called. Minutes read. Moved, Harris's book againft the Enquiry, as blafphemous, fcandalous, and calumnious, might be condemned to be burnt by the hand of the hang- man ; and fome pafTages thereof being read, and the Vindication thereof being alfo moved to be read ; and the book called Caledonia, or the Pedlar turned Merchant, and fome paflages of it being read, ordered that on Mun- day next all the three be burnt at 12 a clock. Proceeded to the reading over the Act brought in from the Committee againft Papifts. Read all over, and then many of its paragraphs read and c . ; ■ 18 OCCURRENCES IN PARLIAMENT 1700. reafoned upon, but the reft delayed becaufe late, and feveral amendments and votes on feme of the paragraphs, &c. The Parliament adjourned till Munday at 10 a clock. Praiers faid. Further, put upon Walter Harris's chirurgeon his head 500 lb. Sterling to them who Ihall apprehend him, fo as to bring him to a trial. 10. — MuNDAY, Nov. 18. Praiers faid. Rolls called. Minutes of the laft Sederunt read. Proceeded to the reft of the Act againft Popery. Moved by Lord Anftru- ther. That the Popifli heir who lofes his heritage ftiould lofe his titles of ho- notu*, in favours of the next Proteftant heir. Some thought this might be contrary to the tenor of the Patent ; fome were for extinguifhing the title wherein the heritage went to the heirs whatfoever, and the title to heirs male; many were for an additional [claufe] of one tenor, others for an- other : At laft, voted If it flaould be by Additional claufe, or by a Separate act ; and in end all went in to a Separate act. Much debate alfo about the Formula ; fome being only for putting in it (as Jervifwood) fuch things to be difclaimed as were inconfiftent with humane focietie ; others faid, there was fcarce any one article devifed which Papifts would not get a difpenfa- tion for ; but they would never get a difpenfation from all the fubftantials of their religion. Then was added to the Formula, the Pope's difpenfing power, and While the Act was a tranfcribing, read for the 1ft time. Act for perfonal Liberty. Several petitions. The faid Act againft Papifts brought in in mundo, and all read over. Moved by the E. of Lauderdale, What ftiould become of the Proteftant heir ferving, if the Popifli heir fliould turn Proteflant within 10 years ? How ftiould he be free from the paffive title of ferving heir ? It was anfwered, he could not be free, but had his recourfe on the eftate for his relief. This was a material objection, but was left to bring in a law upon ; and the Act being put to the vote, carried ; none that I heard voting No but Broomhall, and they lay Jervifwood ; D. Hamilton was filent, for ought I heard. 1700. AND PRIVY COUNCIL. 19 The Parliament adjourned till Wednefday next, at 10 a clock. Prayers faid. 11 Wednesday, Nov. 20. Prayers faid. Rolls called. Minutes read. There was a motion of not calling for candles but by orders of the Houfe ; and that none of the mem- bers be fuffered to go out without leave. It was anfwered, that that were to adjourn the Houfe or not, as it pleafed, which belonged to the King and his Commiflioner ; and as to the other part, it was ordered already by the orders of the Houfe. - Proceeded to the reading of the draught brought in from the Committee for Perfonal Liberty, and all once read together. Then read the firft fec- tion, which took up a long time, about inferting that Informers fhould give their oath of calumny ; carried Not. Then about their fubfcribing their Informations, voted, carried They ihould. The Parliament adjourned till tomorrow at 10 a clock. Prayers faid. 12. — Thursday, Nov. 21. Praiers laid. Rolls called. Minutes read. Petition for Th. Robifon read ; remitted to the Committee of Elections, &c. Proceeded to the Act for Liberty. The particular caufe to be contained in the warrand, I think was ordered yefternight. This day proceeded fur- ther, the length of Providing allways that in cafe of imprifonment for treafon, &c. : There were feveral amendments made. Many fpoke and ap- peared for the Act in great bights, as E. of Annandale, Sir Jo. Arfkine, Sir Al. Bruce, &c. Great debate was about inferting the word Inftantly, or Within 24 hours ; carried Inftantly [Within 24 hours.] I Parliament adjourned till tomorrow at 10 a clock. Prayers faid. .:. 13.— Fryday, Nov. 22. Praiers faid. Rolls called. Minutes read. Petition for young Pitmed- 20 OCCURRENCES IN PARLIAMENT 1700. den, prifoner in the Tolbuith of Edinburgh by order of the Committee of Security, for being author of the paper printed and burnt by the hand of the hangman, called A Memorial for the Members of the Parliament of the Court Party, in which he acknowledges his offenfe, and craves parddt, and promifes more circumfpection in time to come, read ; and after feme difcourfe by Secretary Seafield, who offered the Petition, and Ibme others, Refolved, He fliould be brought before the Parliament, and there on his knees confefs his fault, and fo be difmiffed from prifon ; which was accordingly done. Some overtures given in. Then proceeded on the Act for Liberty, and fettled all till the Penaltie of wrongous imprifonment, which was moved to be doubled, and the trant graflbur declared incapable of publict truft without confent of King and Parliament. This, after long debate, was moved to be adjourned ; and the Parliament was adjourned till tomorrow at 10 a clock ; the Committee at 8. Praiers faid. 14. — Saturday, Nov. 23. Praiers faid. Rolls called. Minutes read. After fome petitions, &c. read, proceeded to the Penalties of wrongous imprifonment. As to the Commit- ter and Detainer, it feemed to be aggreed to, upon a motion of my Lord Anftruther, backed and written by the Prefident, that the Detainer fhould be liable to incapacity, befides the pecunial pain ; and fome moved, that he fliould not be remitted but by the King in Parliament. There were long difcourfes about the Committer ; and when the queftion came to be Hated, If the Committer fliould be declared incapable ; others moved. That a difliinc- tion fliould be made between the inferiour oflBciars of the law and the higher : fo it came to the vote Which of thefe fliould be the vote, and it was put in thefe words, Cognofce or Diftinguifli ; carried, Cognofce, which was the firfl; of the two, be 44 votes. Then it was craved, what was the meaning of that voted, be Sir J. Arflj. It was anfwered, now they mufl;. p 1700. AND PRIVY COUNCIL. 21 according to the laft vote, proceed to the queftion, and they who under- ftood it would vote I or No : they who underftood it not would vote Non liquet. So the queftion being put. If the Committer fhould be liable to the pain of incapacity, befides the pecuniary mulct, carried No be 53 votes. ' Then proceeded to confider What the pecuniary pain fhould be. Moved, it fhould be 12 times what was brought in from the Committee, which was 1000 pounds Scots. Some would have, whatever was agreed to, that it fhould keep a proportion with others ; fome to have 500 pounds Sterling for every wrongous iraprifonment, to the meaneft ; fome for 500 pounds Sterling for a nobleman, and fo lefs proportionally ; for a landed gentleman, 4000 pounds Scots ; other gentlemen 4000 merks ; every other perfon 2000 merks ; but this, moved to be adjourned till it be better thought on and compared with the Act in England. The Commiflioner adjourned the Parliament till Tuefday 10 a clock. The Committees to meet on Munday at 9 a clock. This day the Commiflioner touched the Acts for fettling the Proteftant Religion, and Prefbyterian Church government, and the Act againft Popery. 15. — Tuesday, Nov, 26. Prayers faid. RoUs called. Minutes read, Severall overtures and pe- titions being read, proceeded to the Act for Perfonal Liberty, Moved, to add a claufe in the exceptions as to inferiour magiftrates and judges their com- mitting of perfons for indignities done to them, or difobedience to the dif- cipline of the church ; for tumults, curfing, fwearing, Sabbath breaking, drinking, uncleannefs, &a ; that they may committ fuch as formerly, refer- ving their relief, or infifting for trial as above. Some oppofed this in its or- der, as being a going off the point of wrongous imprifonment ; but this being overruled, others defired to know What was meant by Tumult ; and moved, to extend only to fuch as were taken in the tumult. So the claufe was agg^ied to. • as OCCURRENCES IN PARLIAMENT 1700. Then moved, another claufe be added, And in cafe of imminent or actual invafion, rebellion, or infurrection, it be lawfuU to the Privy Council, or any five of them, to imprifon, they being allowed to apply for their libera- tion as in the Act. This was faid, at firft, to be the bomb broken ; yet in end was agreed to, after long debate, that this was for the Security of the government. Then came to the penaltie on the Committer. It was alledged, it was agreed to laft night, that it Ihould be 6000 pounds for a nobleman, &c. This was pofitively denied by the Chancellour and others, as well it might, as appears by what is noted in the laft day's notes. However, aggreed now it Ihould be fo ; and as to the Detainer, that he fliould pay 100 pounds per diem to a nobleman, 100 merks for a baron, &c. The prefcription is made of 3 years. Added a claufe. That all confine- ment, except of confent, or upon fentence, be unlawfull ; [and] that clofe imprifonment do not exceed the fpace of 8 dayes. Moved, That no member of Parliament be imprifoned in time of Parlia- ment, but by order of Parliament. While this was a debating, the Com- raiffioner caufed adjourn the Parliament till tomorrow at 10 a clock ; and D. Hamilton took notice of it as an adjournment the time of a Debate. 16. — Wednesday, Nov. 27. Prayers faid. Rolls called. Minutes read. Several petitions read, par- ticularly for my niece Ann Cokeburn, for making up of her writs, burnt in my lodging, Feb. 3. laft. Some Overtures remitted. A claufe added to the Act for Perfonal Liberty, anent Imprifonment of members of Parliament, by the Earl of Tillibardine ; another by my Lord Advocate, differing only in this. That members of Parliament attending the Parliament be attatched when there is manifeft danger of breaking the peace. Put to the vote. Whether the Firft or Second fliould be added, carried the Second, viz. the Advocate's claufe, be 25 votes, as I reckoned. 1700. AND PRIVY COUNCIL. 23 Then proceeded to reading over the Act in mundo, and it was defired, That feing a motion anent warrants upon informations not fubfcribed was referred, that what was iii the firft claufe in the fection might alfo be put in the ftatutory part ; fo it was added, after Ordains and Statutes, that all in- formations be in write. Upon this a claufe was added, as in the Act. Then proceeded till they came to the exception for the government, of Imminent and actual invafion, rebellion, or infurrection ; and it was moved, by D. H. and M. of T., That Actual Ihould be prefixed to rebellion and infurrection ; but overruUed. Some other motions made. Then the whole Act being- amended as was agreed, the vote put. Approve or Not ; carried Approve, I think, by all ; but fome added certain things or exceptions, in their vote. The Parliament adjourned till Friday at 10 a clock. The Committees to meet tomorrow at 9 a clock. Prayers faid. Act for adjourning the Seffion till the firft January read for the firft time. 17. — Friday, Nov. 29. Prayers faid. Rolls called. Commiflions from the Barons of Airfhire, one to Mr John Campbel, brother to the E. of Louden, the other to [John Brift)ain younger] of Bifhopton ; remitted to the Committee of Elections. Minutes read. Overture given in by the E. of Caffils, That becaufe of our King's not refiding amongft us, and the great expenfes many of this Kingdom are at in going to Court, that a certain fmall number be chofen by His Majefty to refide at Court for 5 or 6 years, to reprefent to His Majefty the ftate of the kingdom and advife him, &c. An overture given in by D. Hamilton, That the oflfering of good deed or office, or threatening Members of Parliament for votes, Ihould be finable, and tinfal of office and incapacity, and probable by the parties oath before Council, Seffion, Juftice Court, &c., and competent to any to purfue. The Commiffioner had a fpeech, flidwing, that the Funds for fubfifting the Army being expired with this month, it was neceflary either to take tV d4 OCCURRENCES IN PARLIAMENT 1700. the affair of the Army to confideration now, or elfe to refolve to fubfift it for fome fmall time, till the Parliament fliould go throw their other aflFairs ; and if they did chufe the former, he promifed, in the King, his mailer's name, that they Ihould have leave to fitt untill they went throw their other affairs. The Chancellour backed this fpeech : both of them were in write. There was much difcourfe on this head. It was faid, This was con- trary to a refolve of Parliament, which ought to be facred and inviolable. It was anfwered, if the Parliament did chufe the laft Member of the Com- mifRoner's alternative, it was an incident that would not admitt of delay, and was prelidented by the Overture for adjourning the Seflion a fecond time, and by dayly motions given in and fpoken to, or remitted to Com- mittees. It was faid, the firft queftion was, If the Parliament thought fitt to continue the Army, for it could not be continued without their confent. This the Lord Advocate denied ; Whitelaw affirmed, and wax very hot on. The Advocate's motion was thought unfeafonable by feverals on the Throne. The keeping up of an Army in time of peace, was faid to have been a caufe of forfeiting the Throne to the late King James ; and to be infert in the Grievances. The Advocate bade read on that article as to King James, and faid the Grievance was not yet redrefled by Parliament. Moved, That feing the queftion was agitated about the Parliament's right, it might now be decided. After long debate, feveral Overtures read for a vote, at length agreed to one given in by my Lord Belhaven, That feing the prefent eftablifliraent can not be continued longer than this month, with- out confent of Parliament, therefore the Parliament Refolves to continue and fubfift them till the firft of January, till they come in order to confider the whole bufinefs of the Army ; which, being put to the vote, was carried. The Act for adjourning the Seflion to the firft of January read a fecond t im and put to the vote ; carried. The Parliament adjourned till Munday at 10 a clock ; and the Com- mittees to meet at 9 tomorrow. Prayers faid. 1700. AND PRIVY COUNCIL. 25 18. — Monday, Dec. 2. Prayers faid. Rolls called. Minutes read. Petition for the E. of Ar- gyle for a citation of the Duke of Gordon, in order to the reducing the Marquifs of Argyle's forfaulture upon ftrong reafons, read ; and after fome debate, if it Ihould be feen and anfwered, the queftion came at length to this. Warrant to cite, or Ly on the table : Carried be about 70, Warrant to cite. Then read a fecond time, the draught of an Act from the Committee about Difcharging the importation of manufacture of wool, and wherein there is wool ; but delayed till an Act before the Committee, difcharging the exjwrtation of wool, be brought in." Moved the reading the Act againft Bouchers, being grafers ; but let fall at this time as being againft the Refolve of Parliament. Read the draught of an Act from the Committee, for the fecond time, refcinding the Act 27. S. 1663, anent the King's prerogative as to forraign trade ; and after fome debate. If it fliould bear, but prejudge, or referving the culloms according to the book of rates, and impofed an. 1695 : Carried Approve, with the laft form. The Parliament adjourned till Thurfday at 10 a clock. The Commit- tees to meet on Wednefday at 9 a clock. Prayers faid. Rofe 4 — 5. 19. — Thursday, Dec. 5. Prayers faid. Rolls called. Minutes read. A motion anent bringing in from the Committee of Elections, the controverted election of Wigton- Ihire ; and after reading the minutes of reference, and fome debate, Refol- ved that affair be reported the firft Sederunt next week. Read over the draught of the Act againft Immorality and Profannefs. Young Grubbet had a harangue, fliowing the neceffity and advantage to a Nation by curbing of vice, and how much the ftate of Rome flourifhed D 26 OCCURRENCES IN PARLIAMENT 1700. thereby ; but faid, the Houfe had lately paft an Act for Liberty, and by the Act now brought in, they were to be enflaved to the clergy, therefore mo- ved. This matter might be committed to the Juftices of the Peace. My Lord Tarbat faid, no body fhould be more for a law for luppreffing of profanity than he ; but for this Act, it made foveraign judges in every parifli, created by the church ; and in end, he gave in a paper which he called an Overture, but begins with reafons againft paffing the Act. The Earl of Annandale and Sir Al, Bruce profeffed a great deal of zeal, as much as any of the Houfe, for fuppreffing immoralities ; but this Act took away men's properties. The Earl of Tullibardine made a propofal which I did not hear, but which occafioned much of thefe difcourfes. I obferved a tamenefi in many to prefs the Act ; fo it was remitted to the Committee with an Overture, given in by the Earl of Tullibardine, for puniftiing fuch as are judges of immo- ralities who neglect their duty with Incapacity, and that none but of fober behaviour be entrufted with publick truft ; and for encouraging Societies for reformation of manners ; remitted alfo. Came to the Act forbidding exportation of wool, and fkin, and wool, which was read for a firft time. Then read over the Act forbidding the importation of Woolen Manu- facture for a fecond time ; and in reading of its firft Section, anent prohi- biting importation, under the pain of burning as was conceived in the draught, the debate was whether Burn or Export. And much time being fpent thereon, in end delayed till next Sederunt ; and the Commiffioner or- dered the Chancellour to adjoiurn the Parliament till tomorrow at 10 a clock, and the Committees to meet at 9- Prayers faid. 20. — Friday, Dec. 6. Praiers faid. Rolls called. Minutes read. Petition for Two pennies on the Pint for repairing the harbour of Burrouftounnefs. Petition Coll. Jo. Arefkin, and My Lady Kincardin's anfwers. Granted warrant to cite 1700. AND PRIVY COUNCIL. 27 her to infill in her laft proteftation for remeid of law ; and as to her firft, upon which fhe has raifed fummonds, deferred it, in refpect fince he gave in his petition, fhe gave out her procefs to fee. Proceeded in the Act prohibiting Manufacture of Woolen. Voted it fliould be Burnt. Agreed, That where the feafer can not difcover the owner of the goods imported, the Collector of the Cuftoms, upon his making faith there- of, IhaU pay him 100 lb., to be allowed in the Collector's accounts ; and this to endure till the next Seffion of Parliament, and no longer. Voted, That the (kipper importer Ihall be liable in 20001b., and the fliip to be confifcate ; one half to the difcoverer, the other half to his Majeftie. The Parliament adjourned till Munday at 10 a clock. Praiers faid after 8 a clock. 21. — Munday, Dec. 9. Praiers faid. Rolls called. Minutes read. The report of the Commit- tee of Elections read concerning the controverted elections of Wigtonfhire. After long debate, and reading the Act of Parliament 1681, the Parliament voted and found, That the proceedings of the Sheriff in prefiding at the making up the rolls, did annul! both elections, having had influence on all that followed. Then moved, That the Parliament would proceed to the confideration of the encroachments on the Barons by the Lords and others coming in to them when they were upon the election. Upon this there was long de- bate. The Duke of Hamilton moved. That the Earl of Galloway and Vifcount Stairs coming in was an encroachment on the Baron's freedom of election. The Prefident of the Seffion moved the vote fhould be, Declairs the Lords and others proceeding on the election was not confiftent with the freedom of election. Sir Thomas Burnet moved, That the Lords or others coming in was an encroachment, &c. Moved by the Earl of Mar, That feing we were barred from further confideration of that affair, by the Re- folve, November 2, that the queflion fliould be, Whether to break the Re- 88 OCCURRENCES IN PARLIAMENT 1700. folve, or adhere to it. The Vifcount Stair began to juftify their coming iu, from the Act of Parliament 1681, where it is allowed, that perfons might come in when called. Lord Whitelaw faid, he thought there could be but three reafons for infifting on the vote, either for puniihment or cenfure, which was out of doors by the Refolve ; or for annulling Caftleftewart's election, which was already done by the former vote ; or for aflerting the Baron's privilege, which he thought might be better done by a law : he would have been for laying afide the debate and vote ; but feing the coming in of the Lords was juftified, he conceived that matter deferved a vote, feing he did not think the Act of Parliament 1681, by allowing others to come in, could be otherwife underftood, than if they were called in by a vote of the Barons, which was not pretended in this cafe. This the Treafurer Depute feconded. So the queftion came to what Ihould be the vote. Long alter- cation there was about this ; the Duke of Hamilton ftill infifting his mo- tion, being feconded, might be put to the vote. Sir Thomas Burnet withdrew his motion, feing it was not acquielced unto. So at length the queftion was moved. Whether the motion made by the Duke of Hamilton, or by the Pre- fident, fhould be the vote. The Prefident added to his motion. The pro- ceeding of the Sheriff, and of the Lords and others, &c., was inconfiftent, &c. The Barons fent word to the throne. That unlels the word Incroachraent were put in the Prefident's motion, they would go all in to the Duke of Ha- milton's motion ; fo that being infert in the Prefident's motion, all went in to it, and the Duke of Hamilton withdrew his motion, and the other was voted, That the proceedings of the Sheriff, and of the Lords and others in the election at Wigton, was an incroachment on the freedom of election ; and was carried almoft unaniraoufly. The Parliament adjourned till Wed- nefday at 10 a clock. Praiers faid. 22. — Wednesday, Dec. 11. Praiers faid. Rolls called. Minutes read. A queftion moved by the 1700. AND PRIVY COUNCIL. 29 Committee of Elections anent the electors of the fhire of Air, arifing from the Minutes of the meeting that bear, That fuch who had not qualified themfelves for electors did qualify themfelves ; but others who declared they had qualified themfelves formerly, were not required then to qualify them- felves. The querie was. What the opinion of the Parliament was as to this, feing by Act I69O, all electors are required to qualify themfelves at their meetings for elections ; and by Act 1693, in the end of the Act, thofe who have qualified themfelves formerly, are not bound to qualify themfelves in the fame capacity. It was alledged by many, that the elector was not the capacity meant in the Act, but a permanent capacity. It was further alledged, that in all new commiffions of Council or Exchecker, the old members of new named qualify themfelves ; and if this Parliament were diflblved, all members to a new Parliament would be obliged to qualify themfelves : and it is the foundation and fecurity of our Government. It was faid on the other fide, that the Act [16]93 was exprefs, without diftinc- tion. That thofe who were formerly qualified Ihould not be obliged to qua- lify themfelves in the fame capacity ; That it was not objected at the elec- tion that they were not qualified, and by Act [16]81, no objection was to be received that was not then moved ; That the defign of Act [16]93 was to pre- vent the multiplying of oaths, whereby men's confciences were widened ; That though the objection were fuflained, it could not annuU the election, but only their votes, who were not then qualified, was to be compted as not given ; [and] that many of [the] members already received, might be ejected as having null elections, it being very common upon the faith of the Act [16]93, to many ftiires and burrows, to elect without qualifying, when they had formerly qualified as electors. So, after fome anfwers to thefe reafons, the queftion was put, Suftain the objection, fo as to call the electors not then qualified, or Not : Carried Not be about 13 votes. Tuefday come fortnight appointed for a new election for the fhire of Wigton. so OCCURRENCES IN PARLIAMENT 1700. An Act offered be Sir Jo. Home, for regulating the elections of Barons, and their freedom therein. Promifed to be read as a Motion, after going throw the Act againft importation of Woolen Manufacture ; wherein, pro- ceeded to the end, and fome amendments made. The King not excepted, though moved ; and fome moved. To except coaches imported with lining of woollen ; but this motion rejected. The Act all read over, fome thing added at the beginning as to feamen, 6 months' imprifonment, and their efcheat towards the releif of the mafters of fliips, &c. The Parliament adjourned till Friday at 10 a clock ; the Committees to meet tomorrow at 9 a clock. Praiers faid. A motion made by Duke Hamilton at the beginning of the Sederunt, If the council on Tuefday laft had ordered a Proclamation againft Harris. He was told it was forgotten. He told, he heard he was promoted by the Admiralty of England, and afked If the Secretaries had acquainted the King with the Vote of this Houfe concerning him. It was told, that was not known if he was promoted. But a letter was written to the King, and both Secretaries figned it, and fent it with that dayes Minutes. 23.— Friday, Dec. 13. Praiers faid. Rolls called. Minutes read. Proceeded to read the Act prohibiting Woollen Manufacture, now written over in mundo ; a claufe added, and voted and approven. Duke Hamilton moved reading a Petition of G. Lockhart's, and other merchants in Glafgow ; which was read, and exploded, and withdrawn. Proceeded to read the Act for a 2d time, prohibiting the exportation of wool, and Ikins with wool ; and having begun the reading it over again, they debated all day upon it. Whether the prohibition Ihould be Temporary or Perpetual : Carried in end Temporary. Then voted. Whether it Ihould endure till the end of next Seffion, or for Five years, and till the end of next Seffion of Parliament thereafter : Carried for Five years. The Parliament 1700. AND PRIVY COUNCIL. 31 adjourned till Munday at 10 a clock. Committees appointed to meet to- morrow at 9 a clock. Praiers faid. 24. — MuNDAV, Dec. 16. Praiers faid. RoUs called. Minutes read. The Parliament refolved they would appoint a day for hearing the Proteftation for remeid of law, Mr Al. Heggins, c. John Calendar. Proceeded in the Act prohibiting the exportation of wool. Moved by the Earl of Lauderdale, That the firft claufe might again be read, which was done ; then he faid, he hoped the Parliament had voted nothing concerning exportation of (kins with the wool on them. Others, as the Earl of An- uandale, Vifcount of Stairs, feconded this ; but others faid they fuppofed the Parliament included the fkins with the wool on them, in their vote. So after many had declared the fame, it was aggreed, they Ihould difcourfe as if it had not been voted ; and it was reprefented, that to difcharge the exportation of flcins with wool on them, was to deftroy the ftore-rooms, and much was faid on this fide. It was faid by others, that. Allow their export was to deftroy the manufactures, and to leave us naked ; and after long debate it was put to the vote, Prohibite the exportation of Ikins with the wool on them, or Not : Carried Not. Then read on in the Act till it came to the prohibition of Inglifli wool, and many debates arofe about the conveniency and inconveniency thereof; and at length moved to adjourn the debate, and the Parliament was adjourned till Wednefday at 10 a clock. Praiers faid. Committees appointed to meet tomorrow at 9 a clock. 25. — Wednesday, Dec. 18. Praiers faid. Rolls called. Minutes read. Proceeded to the confider- ation of the prohibiting the importation of Englifh wool, upon which there was a long debate. It was reprefented, that that would be the giving away the beft jewel we had, to compliment the Englilh for nothing, which they Se OCCURRENCES IN PARLIAMENT 1700. would give much for. On the other haud, it was faid, if Englifli wool were luffered to be imported, it would turn our own wool into a drug, and tho it might be hoped that in time, we may be able to manufacture all our own wool, and alfo Englifli wool, yet it is uncertain if we can do it at prefent. Therefore, it was moved. To prohibite the importation of it for a time. So the queftion came in end to Prohibite the importation of Englifli wool till the 1 January, 1702, or To the next Seflion of Parliament : Carried to Ja- nuary 1, 1702. Again difcourfed about the exportation of Englifli wool, whether it fliould be till next Seflion of Parliament, or till January 1, 1702. But the further confideration of this queftion delayed till next Sederunt. . , , . Read a draught of an Act from the Committee for Trade, concerning trade with France, and another prohibiting trade with France conditionally. The Parliament adjourned till Friday 10 a clock. Prayers faid. 26.— Fkiday, Dec. 20. Praiers faid. Rolls called. Minutes read. In the midft whereof, the D. of Hamilton moved, A good colourable reafon fliould be added for prohibit- ing the importation of Inglifli wool. E. Annandale anfwered, he thought none, be who he will, fliould fpeak againft a Vote of this Houfe, and we need- ed not to be afliamed of any things being publiflied that was a Vote of this Houfe. Whereupon the D. of H. faid, then he moved. That the minutes of laft Seflion of Parliament not yet publifhed might be printed. It was faid by the Prefident, he was refolved to fpeake to the purpofe, but not to that purpofe. The D. of H. interrupted him, and faid, if he was not to fpeake to that purpofe he fliould not be fuflfered to fpeak. So a kind of hubbub arofe, till the Commiflioner interpofed, and defired they would remember they were where the King was reprefented, and keep to the orders of the Houfe ; that every member be allowed to fpeake without interruption. So the Prefident, after fome ftrugle, was allowed to fpeak, and he faid, that what he had to fay was not of that weight as to deferve fuch oppofition, 1700. AND PRIVY COUNCIL. 33 but he thought that the Parliament fhould keep to the matter in hand ; laft Sederunt they broke off on a claufe anent the importation and exportation of Englifh wool ; he would not fay the Parliament might [not] take to confidera- tion another purpofe, but he thought it congruous to conclude that Act, and then it might be free to them to confider any other matter. So re- folved, That after that Act were ended, they fliould proceed to the confidera- tion of the minutes of laft Seffion. So proceeded to the queftion about dif- charging the exportation of Englifh wool, how long it fhould endure, Whe- ther till 1 January, 1702, or till the next Seffion of Parliament, or during the five years as is voted as to all wool. There was much time fpent ; in end they came to the ftating the vote, which came in end to this, Whether a fhorter time as to Englifh and Irifh wools, then the time allowed for other wool ; and the vote being put, carried, A fhorter time. Then the queftion was offered to be ftated To allow the exportation thereof after 1 January, 1702, or after the next Seffion of Parliament, or Not. Others ftated it thus, Prohibite the exportation of it till 1 January 1702, or Till the next Seffion of Parliament inclufive ; which was carried to be the vote ; and carried Till the next Seffion of Parliament. Then the whole Act read over, and voted and approven. The unprinted Minutes of laft Seffion of Parliament ordered to be prints ed. Read over the Act brought in from the Committee, Anent trade with France ; and other three draughts read. Read an overture from the D. of H. anent encouraging the planting of tobacco. An Act anent the meafure of cloath, given in by Stoniewood, and another anent linnen cloath, given in by Mr. Dav. Dalrymple ; remitted to the Committee for Trade. An Overture by My Lord Anftruther, againft fwearing of brewers, read. The Parliament adjourned till Munday at 10 a clock. The Committees to meet tomorrow at 9 a clock. Prayers faid. E 9H OCCURRENCES IN PARLIAMENT 170a. '^ ■ 27. — MnNUAY, Dfc. 23. ■ '• Prayers faid. Rolls called. Minutes read. A great many petitions and motions for private Acts read ; one from Sir Will. [Craigy] of Gernfey read, reprefenting, That he had been a tackfman of the cuftoms before the Revolution, and had the jurifdiction of Orkney for making the tack ef- fectual ; and that af er the Revolution, the jurifdiction was conferred by the King, not knowing that the Petitioners tack continued on Lopnefs, wherethrow he fuftained great prejudice and damnage ; and having applied to the late Commiffioners of Thefaury, for reftoring the jurifdiction or abatement of the tack duty, they did not think themfelves warranted to either ; and having applied to the prefent Lords of Thefaury, they were unwilling to make any alteration ; and being under a charge of horning and caption, he had offered a bill of fufpenfion to the Exchecker, but nothing was written thereupon by the clerks ; fo he craved the Parliament would take his cafe to confideration. It was alledged by fome who backed the petition, that he had been refufed juftice. It was alledged on the other fide. That either he gave in a complaint of fome of the Lords of Thefaury, in which cafe he behoved to condefcend, or a bill of fufpenfion, which was irregular ; for he fhould have offered and profecuted that before the Ex- chequer, being a Sovereign Court by Act of Parliament ; and that all caufes in the firfl; infl;ance, ftiould be tabled before the Judge Ordinary. After fome debates on this purpofe, Refolved, the Petition fhould ly upon the table for a week or fo, till the Exchecker gave their judgment ; and if he conceived himfelf prejudged, he might then move the confideration of his Petition ; and the Commiffioners affiired the Parliament he would call the Exchecker for that effect, to which Sir William Craggy acquiefced. The Parliament adjourned till tomorrow at 10 a clock ; and the Committees to meet at 9. Prayers faid. Act in favours of Sir Patrick Oglevie of Boyn and his fon about Marble in 1700. "J AND PRIVY COUNCIL. i 36 his ground, exeeming it from duty when exported, and the fhip exports it from tonnage, effeiring to the marble exported, for 19 years, voted and approven. 28." — Tuesday, Dec. 24. This day we were in the Juftice Court from 9 till 2 — 3. Met an hour thereafter, and contiiiued till 1 after midnight. I am told the Parliament is adjourned till Thiufday at 10 a clock. 29. — Thuusday, Dec. 26. ■ Praiers faid. Rolls called. Minutes Read. When I came in, they were debating, AVhether to proceed on the Act about the Trade with France, or the Election of a Commiffioner for the fhire of Air. Agreed in end. That immediatly after that Act, the Parliament would receive the report about that controverted Election. i . Then proceeded, and read one Act about Total prohibition of Wine. It feems another being read laft day about the Partial prohibition. There was a long debate and reafoning on the Total prohibition ; that it might mar our fale of falmond ther. Others faid, they would incline to a partial prohibition, but they faw not how it could be practicable. It was propofed. That no more fhould be imported than 500 tun ; that in the month of July, yearly application be made to the Exchecker for licences, and none be al- lowed to import without licences ; that account be given of the export ; and that licence be not allowed for more import of wine than the export of our commodities, with abatement of a 3d part for other goods. In end, the Houfe feemed to aggree to a Totall prohibition ; but it being moved to be put to a vote. Total or Partial prohibition. It was alledged, that all that could be voted was. Whether the overture for a Total or Partial prohi- bition fhould be chofen to be confidered, and marked to have a 1ft reading, feing no vote fliould be paft on an Act till a 2d reading ; that it may ly on the table to be confidered by the Members conform to Act 1696. After » OCCURRENCES IN PARLIAMENT %1Q9. fome debate, it was aggreed, That the overture containing a Total prohibi- tion be firft confidered by the Parliament, and be marked for the firll reading- 30.— Friday, Dec. 27. Praiers faid. Rolls called. Minutes read. Proceeded in the Act againft Importation of French Wine. Read the firft claufe. Moved the vote might be put. Whether a Total or Partial prohibition. Moved by others. The Parliament fhould aggree on the day after which the prohibition fhould begin, on which there was long debate which Ihould be firft voted. In end, it was put to the vote. Whether the Total prohibition fliould be after the firft of May or firft of October next : Carried after the fii-ft of October. Then proceeded to the claiife. If all red wine imported from St Jean de Luze, St Sebaftians, and Bilboa, fliould be reckoned as French wine. It was alledged and aggreed, that St Jean de Luze was [not] in France, and fo was ordered to be daflied out ; as alfo Bilboa was at a great diftance from France, and no hazard of bringing wine from France thither, to come thence to Scot- land, and fo left out. All the queftion was as to St Sebaftians, which is from France as Biirntifland from Leith ; and it was faid by Sir Ro'. Stewart, when he was at Burdeaux, that after the prohibition of French wine in England, he caufed make cafk after the Spanifli way, and fent envoices as from St Sebaftians, with wine from Bourdeaux to England. So after long debate, voted. If St Sebaftians fliould be let ftand, fo as to prohibite red wine from thence: Carried Not be 14 votes. Then after fome debate, agreed The Brandie be prohibite to be imported after May 1 . Then came to the condition, and after long debate about ftating, agreed The prohibi- tion laft till the impoiition in France on our herrings, &c. be on an equal foot with other nations ; that we obtain the fame liberties and immuni- ties as to our goods and Ihips as any other nation enjoyes in that king- dom ; [and] this not to exclude by a treaty the demanding whatever further privileges may be obtained. Then proceeded to the time when the vend- 1700. r AND PRIVY COUNCIL. 87 ing and retailing of wine fliould commence, and agreed It fliould be 1 Fe- bruary, 1702. Still remains to be confidered. How the preventing of im- porting French wine by St Sebaftians, may [be] fecured. The Parliament adjourned till tomorrow at 10 a clock. The Committee for Trade to meet at 9 a clock. Praiers faid. 31. — Saturday, Dec. 28. Praiers faid. Rolls called. Minutes read. Proceeded on the Act againft importation of French wine. Read it all over. Moved, A claufe be added for the preventing importation by St Sebastians ; fome moved, A price be put on it ; others It be tried by tafte. The Advocate moved [a] claufe. That the merchant importer, the fkipper, and feamep, give their oath before un- loading the fliip, that to their knowledge the wine is not French wine, nor amy part of it, nor any mixture of French wine. All the Houfe approved of the Advocate's motion, but many faid it was not fufficient. Sir Ro'. Stew- art moved. That no red wine fhould be fold in taverns. Again, for the great- er fecurity, that the price fliould be fet, and carried it fliould be 14s. per pint of red wine from St Sebaftians. Moved, this fliould extend to all wine imported from the Bay of Bifcay, and carried all wine imported from Cor- rona or the Groyna, exclufive to the coaft of France, be fold at the faid price. All this for fear French wine be fent to thofe parts to be vended as Spanifli wine. Act for adjourning the Seflion of new read, and ordered to be marked for a firft reading. Act given in as a motion by the E. of Mar read, for taking away of the fumnier Seflion ; ordered to ly on the table. The Parliament adjourn- ed till Munday at 10 a clock. The Committees io meet at 9. Prayers faid. 32. — Munday, Dec. 30. Prayers faid. Rolls called. Minutes read. The CommifRoner put the Parliament in mind the firft of January was approaching, and though the 38 OCCURRENCES IN PARLIAMENT 1700. election of the fhire of Air falls next in courfe to be considered, yet they behoved to proceed to the confideration of the Array, or to make a new Re- folve as formerly, to fubfift them for fome time longer, till the bulinefs of export and import were over, and the affair of Caledonia. The D. of Ha- milton thought the motion was very reafonable, and all went in to it ; and in end it was agreed. That in the very words of the laft Refolve, the forces on the prefent eftablilhraent be maintained till the 1ft of Feb. 1701, which was voted and aggreed to. Secretary Seafield whifpered to fome about him, that it Should be for a Shorter time, leaft the King fliould think they had given a handle to delay bufinefs. The Act for adjourning the Seffion till a blank day, read ; the day voted, 28 of January, or 1 February next : Carried, 28 of January. Then voted the Act, and carried Approve. Came to the Election of the Commiffioner for the fliire of Air. Received a part of the report, being objections againft 3 of the electors ; the firft, that he could not vote, being denuded in favours of another, who was in poffeffion ; and it was alledged, the E. of Loudon was infeft and in poflef- lion. It was faid he was ftill in poffeffion of the fuperiority, the perfon to whom he had difponed being only infeft, holding bafe, and though there was a Procuratory of Resignation, yet Resignation was not made ; and fo he might reSign in favours of another, who being firft infeft, would at leaft carry the fuperiority. It was alfo alledged, that that objection was not in terminis at the Election, and fo could not now be received. It was anfwer- ed, it was the fame objection propofed at the Election, but further illuftrated now. So, after long and very learned difcourfes by feveral lawyers, it was put to the vote, Suftain the objection or Not : Carried Not. Then they came to the objections againft the other two electors ; that they were denuded alfo. This, after fome debate, and put to the vote, carried. Reject the objection. There was a motion to read the Act concerning the importation of Silk, being drawn up ; but it being alledged it was before the Committee, and 1701. 'j AND PRIVY COUNCIL. 39 not finifhed, it was laid afide, and the Act for adjourning the Seflion being touched by the Coramiffioner, the Parliament was adjourned till Thurfday at 10 a clock. Praiers faid. The Committees to meet tomorrow at 9 a clock. 1701. 33. — Thursday, Jan. 2. • Prayers faid. RoUs called. Minutes read. Moved, reading fome Acts from the Committee. D. H. moved, reading the bill be G. Lockhart, &c. againfl the Magiftrats. After a ftrugle, that private bufinefs fhould give way to publict ; and on the other, that the faith of the Parliament was en- gadged that bufinefi of Glafgow fhould come in the firft Sederunt of Janu- ary : Aggreed. That after the Acts were read, that affair fhould come in. Read, a draught of an Act from the Committee of Security againft profane- nefs and immorality. Enquired, why there was no mention of the claufe given in by the E. of TuUibardine, feing it was remitted to the Committee. It was told the Committee voted the Act to be tranfmitted as it flood, it was alledged they were not to act as the Lords of the Articles ; fo, after forae reafoning, marked a 2d reading. Then read. Draught of an Act from the Committee of Trade, anent difcharging the importation of filks. It was enquired and alledged, there was an Act concerning that voted in anno 1698. It was anfwered. That only a claule of it, being an amendment, was voted, and the minutes then were called for, and read in Auguft 1698 ; lb the Act itfelf was ordered to be brought in, and then was marked a Firft Reading on the draught brought in. Proceeded to the bufinefs of Glaf- gow, the petition read, and after fome difcourfe. Lord Whitelaw moved. It be remitted to the Seffion for to be difcuffed fummarily. Came to the election of Wigton. The objection againft Mr. John Carapbel, brother to the E. of Loudon, defigned of Shankfton, read, with the inftrument, That 4» ~ OCCURRENCES IN PARLIAMENT 1701. feing he had not produced his infeftment, Kilburnie protefted, That if he was not a Baron holding a 40s. land of the King, he fliould not be allowed to vote or be elected. It was aUedged the Objection was irrelevant, being not pofitive, but hypotheticall, defignedly fo made to elude the Act of Par- liament 81. About the fine, on the other hand, it was alledged, This me- thod might bring in every body to be elected a Baron to Parliament ; fo there came to be a debate about the ftate of the vote. Whether relevant or not, vii the Objection, ot Approve of the report of the Committee or not which did find the Objection not relevant ; others moved. Approve the re- port, or Remitt again, and this aggreed to ; and the vote being put. Approve or Not ; carried. Approve the report of the Committee. My Lord Anftru- ther dropt a rafli expreffion. That this Parliament had indeed hoghed the privileges of the Barons, occafioned by an expreffion of the Chancellor's, when they were debating about producing Mr. Campbel's charter and lea- fine. That that would hogh the privileges of Barons, if none be received a member for that eftate, but he who produced his charter and feafine to the Parliament. Then they objected he was not infeft. Anfwered, that was not true ; and not relevant, for it fhould have been propofed at the election. Objected, he was under backbond to denude, which they offered to prove by his oath. This fuftained, he gave his oath, deponed negatively, and was admitted a Member. The Parliament adjourned till tomorrow at 10 a clock. The Commit- tees to meet at 9- Praiers faid. 34. — Friday, Jan. 3. Praiers faid. Rolls called. Minutes read. A petition from Dowhill, in relation to the deliverance yefternight, remitting the Petition of George Lockhart, &c. Merchants of Glafgow to the Lords of Seffion, to be difcuffed by them fumraarily as they find juft, and reprefenting there was a margi- nal note in Lockhart's Petition, craving the Parliament might rectify the 1701. AND PRIVY COUNCIL. 41 abufe complained, according to a fett given in ; and therefore Dowhill cra- ved that claufe might be expunged. The petition craved to be read ; fome debated ftrongly that there might be no alteration in the Vote of Parlia- ment ; others craved the Lords might judge according to law, and not ac- cording to any fett alleged to be given in, but never read ; others faid, that was included in the words of the remitt already ; others thought it was fo, but fince it was doubted, it fliould be cleared by a vote, or by an aggreement, what was the meaning of the Parliament. In end, after about 2 houres debate on this trifle, it was aggreed to be added in the Minutes to thefe words, As they find juft, according to law. Came to the Act about Profanenels, which being all read over, and again the ratifying part, article by article, the Lord Tarbet defired to hear the Act 1696 ratified, read ; which being read, he approved that law, but faid it was not rightly narrated in the Act to be voted. Then after fome debate on that, aggreed to dafli out the narrative of the Act, and aggreed to be ratified in the heal heads, claufes, and articles thereof. Then afterwards the debate was renewed by the Lord Tarbate, That there was ftill fomething unclear in the Act ratified, whether the judge, where the ordinary magiftrate did not live, was to be offered to him for a deputation by the heritors and kirk-feffion of the parifh, after he was negligent to depute one hirafelf, or in the firft in- ftance. He was told by the Treafurer-depute it was in the firft inftance. Then Tarbate faid, he gave in a claufe to explain it, which being read, bore. That that nomination fliould be after the Judge Ordinary were negligent. It was laid, that motion was to refcind, and not to explain the Act 1696. Tarbate was feconded by the E. of Annandale, who alledged,this was a power put in the churche's hand to bring all the nation on their top. Broom- hall alfo had his ftiare in the oppofition ; alfo. Secretary Seafield faid, that he did think it dangerous. However, in end it was let fall. The E. of Caffilis alfo was an oppofer, and voted againft the Act. Then given in a claufe be the £. of Tullibardin, bearing. That a perfon excommunicated, F 42 OCCURRENCES IN PARLIAMENT J701. and the fame reprefented to the Council, if he be in public emploiment, he fhould be fufpended by the Council from any publick employment till his Majefty were acquainted, and his mind be known. Another be the E. of Argyle, enumerating a great many immoralities, and being excommunicate, to be deprived and declared incapable, till he give evidence of his fincere re- pentance, and obtain a teftimonial thereof from the church. Then the quef- tion arofe. Add a claufe to the Act as brought in or Not : Carried, Not. Then the Act was again read, bearing a new claufe, as will appear by the Act anent an excommunicated perfon, voted, and approven be 60 odd votes, but many were out, and fome filent. Voted againft it, E. of Caffils, Broomhall, Lord Ballenden, and fome others. Petition Thomas Henderfon, for citing upon a proteflation for remeid of law. Mr. Gregorie's petition read and remitted to the Committee for revifing of Minutes. I muft remember, the Chancellour was much for ftating the queftion, in the Act about Immoralities, Explain or Not ; but had few to fecond it. The Parliament adjourned till tomorrow at 10 a clock. The Committees at 9. Prayers faid. 35. — Saturday, Jan. 4. Prayers faid. Rolls called. Minutes read. Moved by young Grubbet, after a long introduction. That the Parliament would take to conlideration the condition of thofe noblemen and gentlemen who at the Revolution ven- tured their lives in the fervice, and levyed men on their own expenfes, to ferve King and country, before the year 1693, who had been formerly re- mitted to a Committee, that has made progrefs therein, and that the Par- liament would grant a new commiffion ; and whereas the Pole, 1693, was fet at L.4000 Sterling, and afterwards abated to L.3000 Sterling, that thefe tackfmen may not be fuffered to obtain L.6000 Sterling as they crave, &c. ; when it was refolved. That the Parliament would take this affair to confir noi. AND PRIVY COUNCIL. 43 deration when they came to consider private bufinefs. It was moved by Sir John Home, That the Parliament would appoint a Committee to enquire into all the funds given for paying the arrears to the army, whether dif- banded or ilanding ; feconded by the D, of Hamilton and others, and a written motion given in by the E. of Tullibardin, in way of refolve, That next Sederunt the Parliament will chufe a Committee for that end. Moved, That the confideration of this be delayed till next Sederunt, unlefs the Parliament go over the Refolve, and take the whole bufinefs of the ar- my under their confideration. In end, after a confiderable jangle, refolved, Next Sederunt, the Parliament will take the motion given in to confidera- tion. Then came to the act prohibiting the importation of filks, &c. ; and an amendment was put on the claufe about the Company trading to Africa and the Indies, excepting from the prohibition filks loaden in Perfia or the Indies in fhips belonging to or employed by the Company. Then read on in it till the exception of wearing cloaths bought and ufed abroad by the fubjects refiding there, which are allowed to be imported ; and coaches with linings of filks, &c., and callaches, and chairs excepted wholly. Then came to the exception allowing the importation of plain ribbans, and the qaefi,ion was put, Except or Not ; and carried Not, be a few votes. The Act being ready to be voted, it was moved it be written over in mundo, and voted in mundo, which the clerk was ordered to do. The Committees ap- pointed to meet on Munday at 9 a clock, and the Parliament adjourned till Tuefday at 10 a clock. Prayers laid. 36. — Tuesday, Jan. 7- Praiers faid. Rolls called. Minutes read. After fome little private things, proceeded to vote the Act difcharging the importation of filks, &c., being now written in mundo. Moved by Sir Ro*. Stewart, That albeit members were not to fpeak againft any thing voted in the faid Act, yet they might fpeak to the confiftency of the Act, and he alledged by the ex- 44 OCCURRENCES IN PARLIA]VIENT 1701. ceptions in the Act, it was rendered elufory ; and he mentioned two or three back doors, that would enervate the Act, and fome alledge leave ftiould only be allowed to the African Company to import filks, &c. for export, and not for fale, in the kingdom. After fome appearance this way, be the E. of Anandale, Lord Boyle, and fome others, it was lettin fall. Then the vote was called, Approve of the Act or Not : Carried Approve be about 50 votes. Then came to the adjourned debate about the arrears due to the [Army], and there was a motion thereanent given in by the E. of Tullibardine. Then another by the Vifcount Seafield, comprehending Tullibardine's vote, and further adding, To remitt the bufineis of the fecurity of the Nation and whatfoever will be neceflary thereto to a Committee, to be reported after the buiiuels of Caledonia is over. D. Hamilton gave in a third motion, much to the purpofe of Tullibardine's, as I took it. It was alledged, that to take Seafield's motion to confideration was to break the Refolve, which was, firft confider the bufinefs of Caledonia, and this were to violat the faith of the Parliament. It was anfwered, the motion was not contrary to the Re- folve, for the remitting was only in order to the preparing, and there were many inftances that the Refolve was broken if this was breaking it. So, after a long times talking feveral houres, moved a vote might be flated, Re- mitt to a Committee or Not. Moved by others the vote might be. Proceed or Delay. After a long debate about thefe two ftates, moved it might be put to the vote. Which of thefe two fhould be the vote. Several moved the de- bate might be let fall, or adjourned. Moved by D. Hamilton, Whether this remitting to a Committee was a breach of the Refolve, having been formerly moved by my Lord Whitelaw. Then the Houfe went into great confufion, and every body almoft fpoke, and many fpoke frequently, and the Commil- fioner fpoke feveral times ; and the Chancelloiu* having bid the Clerk call the rolls, after two had given their votes, the vote was interrupted, and the debate renewed about the ftate of the vote. Then a new ftate of the vote, was moved, Whether the remitting the bufinefs of the Arrears and ftate of. 1701. AND PRIVY COUNCIL. 45 the Kingdom and Army's being remitted to a Committee was a breach of the Refolve. Some moved. That the debate might be let fall. At length agreed, after a very long and hot debate. That the affair of Caledonia be taken in next Sederunt, and after that the bufinefs of the Army ; and the Commiffioner afTured the Parliament they fliould have a competent time thereafter for Publict Laws and other bufinefs ; but even this did not go without a great ftrugle. Then read an Act about importation of butter and cheefe from Ireland. The Parliament adjourned till Thurfday at 10 a clock. Saturday next ap- pointed by the Commiffioner for private affairs, and the Committees to meet tomorrow at 9 a clock. Prayers faid. As to the Debate mentioned, it was alledged, that to remitt to a Com- mittee was to give a part of the Parliament a power which they had re- folved not to give to the whole Parliament. a .,t 37 — Thursday, Jan. 9. '".^i Prayers faid. Rolls called. Minutes read. Propofed by Sir J. Shaw, the petition from the African Company be read. Moved, The Act read laft night for a firft time be read. Thofe of the Throne defired the Minutes concerning Caledonia be read over again, bearing it ihould come in next Sederunt. It was urged, as not inconfiftent with that Refolve, and molt agreeable to a former Refolve, to proceed to the reading the Act difchar- ging the importation of butter and cheefe from Ireland be read. After Ibme debate, the E. of Tullibarden moved. They might proceed to the buli- nels of Caledonia as of greateft importance. So moved. The Company's Petition be read, which was read ; and a Petition to which it relates read in May, was read. Then Petitions from many in the town of Glalgow, Ihires of Invemefe, Renfrew, Midlothian, Air, Bamff, Orkney, Fife, Elgin, and Forrefi, Dumbarton, Burghs of Dylart, Perth, Crail, An-i ftruther Eafter. ^ i 46 OCCURRENCES IN PARLIAMENT 1701. After reading of all the Petitions, the Committees were appointed to meet tomorrow at 9 a clock, and the Parliament at 10 a clock. Prayers faid. Came out this night about 4 a clock. 38. — Friday, Jan. 10. Praiers faid. Rolls called. Minutes read. Proceeded to the affair of Caledonia. The Lord Belhaven began and had a long difcourfe, prettie enough and pathetic ; and then he offered a Refolve to the Houfe, That the Addrefs of the Peers and Commons in England in December, 1695, con- cerning our Company, and Act of Parliament fettling it, and the Addrels of the Houfe of Peers in February laft, were an undue intermeddling in our affairs, and an incroachment upon the dominion, and foveraignty, and independency of the King and kingdom of Scotland ; wherein the whole Houfe being unanimous ; (after a motion That the whole affair of Caledonia might be firft difcourfed, but a vote being urged) carried, The faid Refolve Ihould be made without a contrary vote. Next Gleneagles gave in a fecond Refolve, That [the] Memorial given in at Hamburgh, 7 April 169[7]. by Sir Paul Ricaut and Mr Creffet, was alfo an incroachment on the foveraignty and independency of Scotland, and in- jurious to the Company. This alfo carried without a contrary vote. Then the Marquifs of Twedal gave in a third, which being rectified by the Advocate, thus. That the Proclamations in America in April, May, and June, and September, 169[9], were injurious and prejudicial to our colony in Darien, and the execution thereof inhumane and bar- barous, and the great occafion of deferting the colony. This alfo carried unanimoufly, after a prior vote to add the words Proclamations and Execu- tion, which was carried Not ; and both thefe votes, after reading the feveral Proclamations, as the firft vote was after reading the two Addreffes, and the fecond vote after reading the Hamburgh MeraoriaL Further, a Refolve given in by Sir Francis Scot, That the advices given to 1701. AND PRIVY COUNCIL. 4a ■ the King to give the anfwer to the Addrefe of both Houfes, if it was by Eng- lifhmen, was undue, (or words to that purpofe,) and if by Scotsmen, they ought to be puniflied as betrayers of their country. There was feveral realbned againfl this, that though fuch Refolves be in ufe in the Houfe of Commons, yet the judicative faculty is not in that Houfe, as in the Parlia- ment of Scotland, but in the Houfe of Peers ; and the Commons might give what names they pleafed to crimes, being accufers. Again, either this was a fentence or law ; if a fentence, none fliould be condemned unheard ; if a law, it could not look ad preeterita. And further, this were to pre- judicate Judges, that the relevancy were determined, which often may arife from circumftances of fact, from which pannels were precluded. This being generally exploded. Sir Francis, the ingiver, was delired to withdraw it ; efpecially feeing no perfons were condefcended upon, and it were to caft a fliir on the nation ; and the Secretaries having both fpoke and vindicated themfelves, it was anfwered, Ricaut (now dead) and Creflet were conde- fcended upon, and Secretary Vernon, and the Governours Beefton and others were condefcended upon, agaiufl whom the King might be addreffed to re- .move from his fervice. But this being alledged a medling in Englilh af- fairs, contrary to the firft Refolve, and might be a dangerous preparative to the Englilh to addrefs the King for removing officers in Scotland, Sir Francis Scot was prevailed with to withdraw his Refolve, being moved by fome to put the queftion. Reject or Not. Laftly, the D. of Hamilton gave in a Refolve, That the Scots fettlement of a colony in Darien, on the Continent of America, was exactly conform to the Act of Parliament in favours of the Company trading to Africa and the Indies, and their patent under the Great Seal, and that the Parliament will fupport the faid Company to profecute their faid fettlement, or in words to this purpofe. The Duke faid, he hoped this Refolve would not abide any •debate within thefe walls, being fo cleared by the Prefident of the Seffion -and his Majeftie's Advocate, beyond what has been, and believed could be 48 OCCURRENCES IN PARLIAMENT HOJ. anfwered j and he hoped they woiild be ftill of the fame mind. The Pre- lident declared he was ftill of the fame mind, and fo did the Advocate ; both faid, they were but fubfervient to the Secretaries. Carmichael faid, he did very heartily what he could, though he had not the abilities of thefe learned Lawers. Seafield faid, he nor Carmichael would not pretend to that fldll of thefe learned Lawers, but they both acted heartily in concurrence with them ; and the moft part of the materials of what is contained in their paper was laid before the King before they came up. Some moved. That the confidera- tion of this laft Refolve might be adjourned. And the Chancellour told the Houfe, it was now late, the matter was of import, and it was moved by forae to be adjourned ; and that my Lord Commiffioner adjourned the Parliament till tomorrow at 10 a clock. Prayers faid. 39. — Satukday, Jan. 11. Praiers faid. Rolls called. Minutes read. This day appointed for pri- vate affairs, there was a great competition. E. of Argyle moved his caufe againft the Duke of Gordon might be called : Others, that fome others might be called that required only a warrand to cite ; which [was] granted to E. of Annandale againft Lag, for infifting in his protefl;ation for remeid of law ; [and] Lieutenant-CoUonel Arfkine, c. the Countefs of Kincardine. Others moved for the bringing in of Powrie's caufe, c. Gray of Creichie ; but lett fall. The E. of Argyle's caufe again moved : the E. of Aboyne moved his bufinefs might be delayed ; but in end aggreed it ftiould be called. The D. of Gordon, and E. of Aboyne, and the E. of Argyle, went to the end of the table ; the Duke gave in a Declinator againft many members, as being rela- ted, or being creditors purfuers. Parties being removed, they firft confider- ed If it was fitt to remove parties ; and it being alledged, that it was never the cuftom fince the Revolution in civil caufes to remove parties, refolved. They fliould not be removed again, and found the Declinator as given in too ge- neral, unlets the degree of proximity were condefcended upon. Then the par- 1701. AND PRIVY COUNCIL. 49 ties called in, and a more fpecial condefcendance being given in by the Duke, it was read, and every one examined, moft upon oath, fome on their word of honour ; many rejected, fome freed by oath, &c. This continued till 8 a clock. The Parliament being adjourned till Munday at 10 a clock ; the Committees till 9. Prayers faid. <' 40. — Munday, Jan. 13. ' Prayers laid. Rolls called. Minutes read. Proceeded to the bulinels of Caledonia. TheD. of Hamilton moved. The Refolve given [in] by him of Friday night be now taken to confideration. A Refolve given in by the Chancellour, That the colony of the Company trading to Africa, &c. in Ca- ledonia, in Darien, in America, was a legal and rightful fettlement, conform to the Act of Parliament, and that the Company acted legally in profecution thereof; and the Parliament Refolves to addrels his Majeflie thereupon, and upon the other three Refolves already voted. It was aUedged againil this Refolve, that it was complex ; fome might be for one part of it, and not for another, and fo could not tell how to vote : — this by the Lord White- law. So in end the firft part of the Refolve, bearing this addition, That the colony was and is a rightfull fettlement holding of the Crown of Scotland ; and being put to the vote, was carried unanimoufly. Then moved be the Prefident, To proceed to the other part of the Chan- cellour's Refolve, about the addrefling the King. It was alledged, that could not be proceeded to, for it was a diflinct Refolve voted, and not the firft part of that given in by the Chancellour. And Jervifwood gave in a 5th Refolve, That the incroachments of the Spainyards on our colony, in feizing the Ihip [Dolphin] that had fprung a leake, and gone in to Carthagena, feizing and making prifoners of, and barbaroufly ufing Captain Pinkerton and his crew, the Ipoiling our goods, [and] difpoifeffing our colony was againft the law of nations, and that reparation ought to be made thereof. And in paffing this Refolve, it was faid, that the Parliament was now confidering the grievances G 50 OCCURRENCES IN PARLIAMENT 1701. of the company, and the wounds and difeafes ought to be known before they- could give a reraedie. This was long infilled on, and a ftate of a vote drawn and read ; which having taken up a long time in debate, at length D. Ha- milton gave in his ftate of the vote. Whether they Ihould firft proceed to the confideration of the other votes, or what remedie to put to the four Re- Iblves already voted, in thefe words, Refolves or Grievances : Carried Refolves be 25 votes. So the Parliament is next to confider. If all, or which of thefe four Refolves fliould be put in an addrefs to the King. The Parliament adjourned tiU tomorrow at 10 a clock. The Committees to meet at 9. Prayers faid. 41. — Tuesday, Jan. 14. Praiers faid. Rolls called. Minutes read. Proceeded to the bufinefs of Caledonia. E. Marfliall gave in an Act for afferting and fupporting it, which was read over twice. Then D. Hamilton, for enforcing an Act, gave in a paper which he defired to be read. It was alledged, to read another paper was to go off the vote yefternight. The Duke faid. Not, but to enforce the Act given in. So the paper was given in to Mr. John M'Kenzie, Clerk, who began to read it, — being entituled. Wee Captain [Robert] Pinkerton, and [James Graham] being enquired at, by the Directors of the Africa and Indian Company, What the crime was they were accufed of at Sevil in Spain. 2. What the proofs were led againft them. 3. Whether they were liberate upon account of their right by Act of Parliament and pa- tent, or by the King's Letter. Here the Clerk was ftopt by the Advocate, and faid he ought not to read any more. The D. Hamilton had been difcour- fing when he gave it in, and defired it might be read as a part of his dil- courfe : So, much was faid on both fides for reading and not reading it. It was faid, that the E. of Sutherland was allowed to have his fpeech read, that the Commiffioner and Chancellour read their fpeeches, [and] that fome gott overtures read as a part of their fpeech. It was anfwered, if any 1701. AND PRIVY COUNCIL. 51 Member had any thing to fay, it was no matter whether he read or Ipoke it ; but it was unufual to give in a paper to a Clerk to be read, without confent of the Houfe. After fome debate the paper was given back to the Duke, and he allowed, after feveral interruptions, to Ipeake, and he gave fome account of the paper ; and after a long jangle the paper was read by allowance, giving account and anfwer to the forefaid queftions, and one more at leaft. The paper was much difrelifhed, as being difrefpective to the King, and defired and ordered to ly on the table. Then returned to the queftion. Whether Act or Addrefs upon yeftemight's vote ; where there was very prettie difcourfes on both fides for a long time. It was alledged for an Act, that nothing lefs could fecure thofe concerned in the Company, feeing the Spaniard had mentioned the reparation of damnages from the D. of Hamilton, Marquefs of Twedale, and E. of Panmure, and others, concerned in the Company. It was faid, if any came to a lawyer to advile him, what Ihould be the fecurity againft fuch a demand. If a Refolve of Parliament, he would anfwer, No ; If an Addrefs to the King, he would lay. No ; feeing the Company had fuftained fo great loffes, and were not feeking relief by money, but only an Act of Parliament for their fecurity : Whatever fecurity might be fought by fome by an Addrels, would we be fo little concerned for the Company as not to gratify them in that which they demanded as the greateft fecurity, and which none could doubt was as good as an Addrefs ? It was anfwered, what would an Act of Parliament fignify in the Spanilh dominions ; there was an Act already, and the Par- liament's Refolve did fufficiently explain it, and an Addrefs without an Act would be better then an Act without the Royal Aflent, which we had rea- fon to fear would not be obtained in the circumftances the King is in at prefent. There was indeed much debate and fpeaking on this matter, and one happened the other day, for faying That an Act here was but a Decreet of the Baron Court ; which was taken notice of this day by D. Ham. ; and the Vif of Stairs, who ufed the expreffion, repeated it this day, for which 52 OCCURRENCES IN PARLIAMENT 1701. he was attacked ; and it was defired, he might go to the bar ; others defired he might be allowed to explain himfelf ; and he faid, That none fate in Par- liament but Barons, and the reprefentation here was feudal. He was ex- cufed, but defired not to ufe fuch an exprefiion again. So returned to ftate the queftion, Act or Addrefs. D. Ham. gave in a written Diffent from Addrels ; and the E. of Crawfurd faid fome thing the D. had faid, which I did not hear, was an equivocation. The D. defired the fenfure of the Houfe. Crawfurd faid he had faid it, and he owned it. The D. and many others defired he might go to the bar ; others defired he might explain him* felf. He faid. What was acted this day was incroachments on the Throne. Then the cry rofe again, and the Thefaurer-Depute, began to explain his meaning, that he meant no perfonal reflection, but what was moved feemed to him to ftraiten the King, to which the E, of Crawfurd aflented. So this was let fall. Then the D. of Hamilton and others defired, that when he gave his vote to an Act it might be marked. L. of Grant inftanced, that in An. 1681, at voting the Tefl:, he defired his vote againfi; it might be marked, which was done ; and fo this was yielded to by fome, but mut- tered by others. That none who voted, Act, flioidd be marked, but thofe who defired it. The vote was put. Act or Addrels : Carried be 24, Addrels ; but many who voted, Act, did not exprefsly require their vote might be marked : many did defire it. The Parliament adjourned after 8 a clock till tomorrow at 10 a clock, and the Committees to meet at 9. Prayers laid. 42 — ^Wednesday, Jan. 15. Prayers faid be Mr. G. Meldrura. Rolls called. Minutes read. D. Ham. took notice the Minutes did not bear the names of thofe who defired to have their vote marked, nor the reafons of the Diffent given in by him, and moved, Thefe may be expreffed in the Minutes. Seafield faid at firft, that the names and reafons Ihould be recorded, he thought it reafonable, but not 1701. AND PRIVY COUNCIL. 69 reafonable to be infert in the Minutes, as not being precedented. There were Minutes read, in [16]93, where John Anderfoh's name was marked; alfo in an old Act in K[ing] J[ames3 6. time, concerning the Barons, the Laird of TuUibardine was marked taking inftruments upon that Law, and my Lord Crawford taking inftnmients to the contrary. To this it was anfwered, that John Anderfon's name was infert to preferve the right of the town of dafgow ; and that TuUibardine was mentioned taking inftruments on the Law, and Lord Crawford protefting to the contrary of the inftrument. It was further faid, it was fitt to infert thefe in the Minutes that the world,' that had their eyes now on this Parliament, might know what they were doing, and that they might anfwer to their conftituents. It was alledged, that the Parliament was to anfwer to none but to God Almighty for what they did there ; they were not to be judged by the populace for what they did, for they gave rules to them, and it were of bad ufe, and to no good purpofe, to infert names in the Minutes ; and, as to the Reafons of DiiTeut, they ftiould neither be infert in the Minutes nor Records ; though it was yielded, the Names and DifTent fliould be infert of all that came and defired it. For as to Reafons, to infert thefe, were to let pofterity fee Reafons againft what was done, and none for it. At length, after a long debate, the Chancellour ftated the vote, Infert the Names and Reafons of the diffent in the Minutes, or Not. Sir Jo. Arfkine gave in another ftate, and was feconded by D. Hamilton, that the vote fliould be, 'Whether the diflent given by Duke Hamilton, and the Reafons thereof adhered to be 83 more, Ihould be infert in the Minutes ; and craved a vote "Which of thefe fliould be the vote. It was alledged. Sir John Arfldne's motion could not be a Member of the vote ; for if that were a Member of the vote, it behoved to be infert in the Mi- nutes, contrary to the defign of the debate, and the vote ftated thereupon by the Chancellour, without condefcending on either names or number. It was alledged, that any Member of the Houfe might ftate a vote; and if he were feconded, he might demand the opinion of the Houfe thereupon. m OCCURRENCES IN PARLIAMENT 1701. which could not be otherwife known but by the vote. Upon this, there was for feveral hours difcourfes, till they were all, as it were, out of breath, and a filence for fome time. Then the Chancellour had a difcourfe, that they all knew he had carried, with all refpect to the Members of every eftate, and did not ftrictly put the orders of the Houfe in execution ; that fo long as he had the honour to be Chancellour and Prefident there, it be- longed to him to ftate the queftion after debate, not to preclude other mo- tions of a queftion ; but that, if his ftating of the queftion pleafed the Houle, he might caufe call the rolls ; and if he did not pleafe, he might put the queftion, ^Vhether that fliould be the ftate of the queftion or Not. This raifed a new flame, and the Houfe raifed a cry ; and after they were calmed, my Lord Whitelaw ftood up, and faid. For the other queftion, he had been long filent, and did not conceni himfelf a twopence how it went ; but for the point acclaimed by the Chancellour as his privilege, he faid, he had a great refpect to the Chancellour, in the character he bore, and becaufe of old friendfliip, but he behoved to fay, that was more than ever any Chancellour pretended unto : No Prefident of any Court could pretend to fuch a privi- lege ; he might, indeed, after a ftate of a vote, but fo might any other ; but the Court was to judge which of the two to chufe : but for the Chan- cellour to pretend to put the queftion, Approve of his ftate of the vote or Not, were indeed an incroachraent on the freedom of Parliament unprece- dented. It was faid be the Advocate, when the Chancellour ftated one queftion, and another was ftated and backed by others, then good reafon the queftion fliould be, Which of the two fliould be the queftion ; but when fliould the Parliament come to an end, if there be three or four queftions ftated. So this was let fall. After motions to adjourn the debate, in end the Parliament was adjourned till tomorrow at 10 a clock ; the Committees to meet at 9. Praiers again faid be Mr. Meldrum. The Lord Belhaven having offered to fpeake, the Chancellour interrupt- ed him, and told him, he behoved to keep the rules of the Houfe, and he \70I. AND PRIVY COUNCIL. 55 had fpoken oftener than twice. He faid he was to fpeake to fome new point. The Chancellour refufed to allow him ; whereupon he took fuch dudgeon, that, after the Chancellour was prevailed with to hear him, he did not fpeake, though feveral times defired by members. 43. — Thursday, Jan. 16. Praiers faid be Mr. Meldrum. Rolls called. Minutes read ; and moved The former dayes Minutes might be read for re-affuming the debate. The Commiffioner had a fliort fpeech, fliewing he was forry for the difagree- ment yefterday, which he thought was unparliamentary, and wifh[ed] there might be no more fuch proceedings, whereby it might [be] in the power of a tenth part, or fraaller, of the Houfe, to obftruct the proceedings of the whole Parliament. He was pleafed to give in a motion for cementing differences in the Minutes ; and after fome debate, agreed to the amendment, That the vote was carried for Addrefs by 108, and the Act had 84. Before calling the Rolls, feveral of the Members moved. That when they voted, Act, they might be underftood to crave their names might be marked, as adhering to the Diflent, and aggreed it might be lb marked, and their names to be infert in the records ; tho it was debate, [all] that voted. Act, would not be for having their names marked as diflenters. This affair being over, Came to confider the firft Refolve about the Ad- drefles of the Parliament of England, and of the Houfe of Peers, and what fhould be done with that. Lord Whitelaw faid, it could neither be made an Act nor an Addrefs. Seafield went in with him, yet fome thought it might be in an Addrefe, as the faid Englifh addreffes were. Whitelaw faid, it might be mentioned in an Addrefs narrative, That whereas this Kingdom is an abfolute and independent kingdom, &c., but not by way of reprefen- tation, in order to a redrels. So, after fome difcourfe, it was moved To for- bear concluding any thing on this firft Refolve till they came to know what the Parliament inclined to, as to the other two Refolves, concerning the 56 OCCURRENCES IN PARLIAMENT 1701. Hamburgh Memorial and the Weft India Proclamations. So without much Ipeaking to thefe, the Houfe feemed to aggree they were fitt matter for an Addrefs ; but the Marquifs of Twedale gave in a Draught of an Act for pre- venting fuch abufes for the future ; which, after a ftruggle, was given to the Clerk, and read, and ordered to lie on the table, bearing, That the Royal Burrows, at their annual meetings, chufe a perfon, either of this nation or on any place where they have trade, to be prefented to His Majeftie for a Commiflion to officiat and appear for them as a Conful, &c. Then proceed- ed in the bufinefs, and it was moved. That the Refolve voted to be put in an Addrefs on Tuefday might be in a feparate Addrefs, becaufe thofe who diffented from it could not vote for an Addrefs on the other Refolves, if that were in it. It was faid, that they might vote for the other Re- folves, if not for that. So, after fome debate, the vote was put. Separate Ad- drefs for the three firft Refolves, or Not : Carried, Not, by about 34 votes. The Parliament adjourned till tomorrow at 10 a clock. The Committees to meet at 9. Praiers faid be Mr. Meldrum. i 44. — Friday, Jan. 17.- , Praiers faid be Mr. Meldrum. Rolls called. Minutes read. The Advo- cate produced and read in his place a Draught of an Addrels, declaring the Parliament's fenfe of the deliverance wrought to this land in their religion, laws, and properties, by his Majeftie, and narrating the Africa Company's Petition to the Parliament, and the unanimous Refolves of Parliament on 4 points, and craving His Majeftie may take order to prevent abufes by his refidents abroad and others upon this Kingdom, particularly as to the prels- ing of our men for their fea work, &c. There was nothing fpoken by thole who diffented yefterday ; and the vote being called, there was, as I reckon- ed, about 53 defired their Diffent to be marked. A motion, by way of Act, in favours of the Company prorogating their temporary privileges and im- munities for the fpace of 9 years, to ly on the table. 1701. AND PRIVY COUNCIL. 37 Report of the Committee for revifing the Minutes in relation to their opinion as to the Petition given in be Sir David Home of Croffrig for ma- king up of his papers, That an Act of Parliament Ihould be made in the tenor of a draught, given in, read, and marked A firft reading. Petition given in be Mr James Daes of Coldingknows, read, and appointed to be feen and anfwered by the OflScers of State. The Parliament adjourned till to- morrow at 12 a clock. Praiers faid be Mr. Meldrum. 45. — Saturday, Jan. 18. Praiers faid. Rolls called. Minutes read. After fome debate about the preference of private bufinefs, the E. of Argyle was allowed two houres on his Procefs againit the Duke of Grordon. It was alledged by the E. of Aboyne, he had not feen the Procefs, and had craved it from the E. of Ar- gyle's agent, Ronald Campbel, and his advocate, Mr. G. Alexander ; where- upon he took inftruments, which he craved to be read, and was read. An- fwered, when this Procefs was firft called againft the Duke of Gordon and E. of Aboyne, Sir David Thoirs compeared for both ; the Procefs was given to him to fee, and he returned it indefinitely. Then they propofed a Declara- tor againft the Lord Forrefter as a creditor of the Marquis of Argyle's. He declared, there was a debt due to my Lord Bramford ; but that that debt did not belong to him, but to his two coufin germans Ruthvens, yet alive : So that with the former were repelled. Then declined the E. of Caffils, as uncle to the Laird of Innes, one of the purfuers ; which being acknowledged, was fuftained. Then proceeded to dilators : No procefs, becaufe of the Act 135. p. 8. K. J. 6. There was feveral anfwers to this be the lawyers, and by the members ; that it appeared to be only in relation to forfaultures in abfence; that the contrary is allowed by the Act Refciflbry 1690; that it was repelled in Swinton's cafe againft the E. of Lauderdale ; that K. James's indemnitie in September 1688, not excepting the forfaulture of the Marq. of Aj-gyle, was equivalent to a remiffion ; that the late E. of Argyle 58 OCCURRENCES IN PARLIAMENT 1701. was rehabilitate; therefore it was an old and obfolete Act. Then it was alledged, that all parties having intereft are not called, viz. the Regifter. It was anfwered, the officers of State out of the kingdom ufe not to be called, but he had a Depute who was called. A diligence was craved to cite the Reprefentative of Sir Arch''. Primrofe of Carington, then Lord Regifter. The defenders being required to propone their other delators, they fliifted ; and the two houres being paft, the parties were allowed to give in their Informations, to be adviled this day 8 dayes. Then called. The E. of Annandale c. the Laird of Lag, upon a citation to infift in his proteftation for remeid of law. Sir Dav. Thoirs compeared and proponed for Lag, that he was out of the kingdom the time of citation, and craved only till this day 8 dayes to infift; but he being afked, If he proponed that alledgeance by way of dilator ; he faid. Not, but by way of excufe or eflbinzie for Lag's abfence. So the queftion was put Decern or Not : car- ried Decern. Then called, Lieutenant Coll. Erfkin, c. the Countefs of Kincairden, on a citation to infift in her proteftation for remeid of law. Her Advocates fliifted, in end debated, and they were appointed to give in their Informa- tions betwixt and this day 8 dayes. The Parliament adjourned till Mun- day at 10 a clock. The Committees to meet precifely at 9. 46. — MuNDAV, Jan. 20. . Praiers faid. Rolls called. Minutes read. Propofed by the Chancellcw, That now the Parliament would take to their confideration the Security of the kingdom. By D. Hamilton, That the Refolve about Caledonia and the Company be read, which was read ; and. That the Parliament would con- fider the Refolve given in be Jervifwood might be read and confidered. It was anfwered, that Refolve had been already read, and been confidered and reprefented in the Addrefs be the Parliament to the King. It was faid, that that Addrefs was moved and carried to be made on the four firft 1701. AND PRIVY COUNCIL. 59 Refolves ; and this was a grievance given in indeed before the Addrefs, but not confidered, being debarred with the vote Refolves or Grievances. It was faid to this, that notwithftanding thereof, it was fully confidered in the Addrefs, and what could be done more. It was anfwered, It deferved a vote for being a Refolve as well as any of the other unanimous Refolves ; and though no more were done on it, it might Hand as a Refolve in the Re- cords. So it was moved by the Prefident of the Seffion, the queftion might be Hated, Whether the matter of the Refolve given in was not fufficiently confidered by the Addrefe or Not. It was moved by others, the queftion (hould be. Approve of the Refolve or Not. So the queftion was moved which of thefe fhould be the queftion, Firft or Second : carried Firft be 18 votes. Then the Firft being put to the vote, carried. Sufficiently confidered. •- Then Sir Francis Scot gave in his former Refolve reformed. That Mr. Creffet, in his Memorial given in to the Senate of Hamburgh, and Mr. Ver- non, Secretary of England, in giving orders for the Weft Indian Proclama- tions, was an undue midling in the affairs of this kingdom, and they ought to be declared incendiaries, as endeavouring to put an ill underftanding be- twixt the two kingdoms. Againft this it was alledged. That fuch a Refolve as this is unneceflary, as being materially in the Addrefs to His Majeftie ; that it may be interpreted an undue midling in the affairs of England, and might prove of dangerous confequence to lead to the Englifli addreffing againft our Scots minifters, where they might be alike to be heard, feing the King refides there. It was anfwered, Seing it was thought neceflary to reprefent the midling of both Houfes of Parliament, fliould we fcruple at reprefenting thefe men by name, and they are not named in the Addrefs, at leaft not Vernon, there behoved to be fomething under ; That, as for Eng- land's addreffing fo, they may juftly do it, if our minifters midle fo in their affairs ; and what is the prejudice, and did they not more when they order- ed the apprehending the Lord Belhaven and Thefaurer-Depute, as to this affair ; and they addreffed againft the Duke of Lauderdale, principal Secre- 00 OCCURRENCES IN PARLIAMENT 1701. tary of State for Scotland, and the Parliament of Scotland did addrefs againll the E. of Strafford and Archbifhop Laud. It was faid to thefe. That in our Refolve we do not accule the Parliament of England, as this Refolve does thefe two men, but only lay before the King their undue midling ; and it was below the Parliament to take notice of two litle men, and care fliould be taken we fall not in the fame undue midling with Englilh affairs, that they have done with ours : And as to the ordering to apprehend Belhaven and the Thefaurer-Depute, that was for alledged midling in England ; the addrefs againft the D. of Lauderdale was for his midling in Englifti affairs, and he was an Englifli peer, as E. of Guildford ; and the Parliament of Scotland's Addrefs concerning the E. of Strafford and Archbifliop Laud, was, when the Parliament had caften off the King. No, it was faid to be in anno 1641, when the King was here. So, after long debates, and fome betwixt votes cafting in the proceeding to the confideration of the Security of the kingdom, and not to fpend all the time only on the affair of Caledo- nia, not neither that it lliould be neglected, but brought in in due time, the vote came to be flated. Proceed to the confideration of the laft Refolve, or Not. Others ftated the vote. Approve the Refolve, or Not. So the quef- tion came again, which of thefe fliould be the vote, Firfl or Lafl : car- ried Firft be about 17 votes. Then voted, Proceed to the confideration of the faid Refolve, or Not : carried Not. Then the Chancellour propofed to proceed now or next Sederunt to the confideration of the Security of the kingdom ; there was a cry. Not till all the affair and lofTes of the Company were confidered. So S[ecretary3 Seafield moved The adjourning of the de- bate till next Sederunt. tntvii. fjiii ivin ,-4t . The Act for prorogating the temporary privileges of the Company for 9 years, and ratifying the 8 Act P. 1695, in all the privileges and immu- nities, having a narrative of its miffortunes and interruptions, being read a 2d time, was voted and approven ulmoft without a contrary vote, except the E. of Annaudale and Broadalbaiu ; and many, indeed, after the example 1701. AND PRIVY COUNCIL. 61 of feveral ftatefmen, were filent. The Parliament adjourned till the mor- row at 10 a clock. The Committees at 9- Praiers faid be Mr. Meldrum. ,1 47. — Tuesday, Jan. 21. Praiers laid. Rolls called. Minutes read. The Duke of Hamilton of- fered to fpeak, but the Chancellour propofed, That now they might proceed to the Security of the kingdom, and gave in a Refolve to be read and enter- ed into be the Houfe, which was, That in regard of the great and wonder- ful deliverance God had wrought for us by the King, and the great benefits we enjoy under his reign, that they will fupport His Majeftie's perfon and government with all our power, and will maintain fuch forces as Ihould be found neceflary. Moved, The bufinefs of Caledonia fliould be finiftied ; and, after fome difcourfe, a paper given in by the Marquis of Twedale, and read. That for helping to make up the lofles of the Caledonia Company, the Bifliops' rents not difpofed of to pious ufes, be given to the Company, with the poll office, and tunnage for 21 years ; which was ordered to ly on the table. Another Refolve given in by the E. of Tullibardine, about thofe who be- trayed Caledonia, and thofe who acquit themfelves faithfully, particularly Captain Campbel of Fonnab, Captain Dnunmond, Pinkarton and his crew, to be rewarded ; this alfo to ly on the table. Then came to the Chancel- lour's Refolve : all were unanimous for the firlt claufes of it. Some thought it not neceflary, and many appeared againft the lalt claufe, becaufe it made mention of maintaining of forces. Some faid, that our defence was to be by forces, not by fyllogifms ; fome were for the word Confidering inllead of Maintaining ; it was declared to be no Proclamation of the Houfe, as to the army. A long reafoning then was. Whether our Security was to be by any army or militia, or what other way. It was moved. That the faid word Maintaining Ihould be altered or amended into Confidering. So the queftion was ftated by the Chancellour, Approve, or Alter ; others moved. Approve, or Amend. E. of Annandale moved the queftion might be Approve, or 6B OCCURRENCES IN PARLIAMENT 1701. Not ; and if they pleafed to ftate the vote, Approve or Amend, the queftion might be, which of the two fliould be [the] vote, Firft or Second ; and the vote being written and read, the vote was ordered to be called, Firft or Se- cond ; and after three members had given their votes. Sir John Arlkine called and faid, the one fide of the vote fhould be Amend or Not. He was told he fhould not interrupt the calling the vote. The Commiffioner faid he ought to go to the bar. D. Hamilton faid, he might interrupt the call- ing till he underftood the vote ; and the E. of Annandale did fo yefterday. It was faid for Sir John, that there being fuch a noife at the ftating of the vote, that he had not heard it ; and the E. of Annandale faid, he thought that that member Ihould not be fent to the bar ; but there was a vaft dif- ference betwixt his own interrupting, which was only for underftanding the queftion, and Sir John Arfkine's, which propofed a new queftion, which could not be fuffered. So the vote went on, and carried Firft. Then the next queftion was voted. Approve or Not, and carried Approve. Given in by the Lord Blantyre, a Motion, by way of Act, which tie faid concerned the Security of the kingdom ; which was read, concerning the de- claring all Commiffions Military null at the death of the King, and they to ftay in their quarters and garrifons where they happen to be, under the pain of treafon ; the Chancellour for the time to intimate the King's death, and to call the Parliament, &c. Several motions made concerning the Arrears, the Funds, the Quota of the troops, &e. : all adjourned. The Parliament to meet to-< morrow at 10 a clock, and the Committees at 9. Prayers feid by Mr. Meldrura. 'a' •^' ^^- 48. — Wednesday, Jan. 22, \ Prayers faid. Rolls called. Minutes read. Moved by the E. of Broad- alban, that Captain Campbel [of] Fonab defired his name be ftruck out of the Refolve and Minutes. It was agreed, his name could not be ftruck out of the Refolve, but the Minute mentions certain perfons particularly named in the Refolve. . . 1701. AND PRIVY COUNCIL. 63 My Lord Chancellour gave in a Motion, by way of Act, for 6 months' eels for two years, be given to maintain the forces with fufteutation from Mart, laft, and fome fum for maintaining the forces the two months paft near by. This was taken up very fnappifhly, that the Chancellour lliould give in an Act of that nature, as unprefidented. This was, indeed, cutt and dry, and was the Articles. It was anfwered, it was not without prefident. E. of Annandale owned, and an inftance was given of an additional cefs in [16]91, read and voted at the fame diet ; and the Chancellour being a peer, claimed his privilege as a member of the houfe ; he faid he did not give it in to pre- clude other Motions ; that the Articles had a negative, &c. So after this was let fall, they came to fpeak to the matter ; fome profeffed themfelves againfl all (landing forces ; others craved the funds formerly laid on might be laid on the table. The D. of Hamilton profeffed, he was not for difband- ing all, but [that] fo many troops be kept up as might keep up the authority and grandeur of the government ; and he thought, there was other funds for that. The E. of Tullibardine moved, He thought a regiment of horfe, a regiment of foot, and a regiment of dragoons kept here, and a regiment at Inverlochie, was fufficient. Others defired to know what number of forces was demanded. It was anfwered. That forces were neceflary, appeared from the late mob here on June 20, and from all Europe now increafing their troops, and from the difaffection in the kingdom : But it was faid, the King might be trufted with the number, for to be fure he would never exceed the number that G months cefe, which is 36000 pounds Sterling, and the excife, which is 30000 pounds Sterling, would pay. It was alledged, the number of regiments was encreafed upon us, beyond the laft eftablifliment. It was anfwered, the King might difband, or fometimes diminifli the number of centinels, and put officers in their place, or on occafion encreafe centinels, not exceeding the fund laid on by the Parliament. After a confiderable time's debate, adjourned the debate till tomorrow. Read an Act for taking away the Quotes of Teftaments, and reviving 64 OCCURRENCES IN PARLIAMENT 1701. the A 1661. The Parliament adjourned till tomorrow at 10 a clock. Praiers said by Mr. Dav. Blair. 49. — Thursday, Jan. 23. Praiers faid. Rolls called. Minutes read, with an amendment made. Pro- ceeded to the confideration of the forces ; after fome difcourfe, there was a Motion made of giving 3000 men of the prefent eftablifhment. Long de- bate, and D. Hamilton gives in an eftablifliraent, extending to 1925 men, officers and centinels, and the expenfe of them for a year comes to 39000 and odd pounds Sterling, wliich the excife annexed, and inland will pay. Said, that the Excife comes now only to 30000, or 28000 pounds Sterling, and the King was content to abate 1000 men of the prefent eftablilliment ; and though we were in actual peace, yet we have the view of war ; all Europe is amiiiig ; we have many difcontents in the kingdom, efpecially in the High- lands, and it might be of great ufe to his Majeftie elfewhere. Anfwered, that in cafe of an invafion, 2000 or 3000 men was all one ; that if one would banter, it might be faid, we are in actual war, for we proclaimed war with France, and are not included in the peace ; this wiU be an argiunent for continuing a Handing army for ever fo long as King James or the pre- tended Prince of Wales lived ; the way to encreafe difcontents was to bur- den the fubjects, and our fecurity confifted in the King's protection of his fubjects, and their alTection to him ; that whatever diflatiffaction was at the beginning of the Revolution, now the North countrie had very many well alTected, &c. At length my L. Belhaven moved. The number ihould be moe than 2000; that ten men more be added to every company confifting of 40 men, which they reckoned would come to 2200 men. So that, after long difcoiu-fing, the vote was Hated, 2200 men, or 3000 men : carried 3000 men be 14 votes. Some moved, The number might be marked in the Minutes ; but the Chancellour had adjourned the Parliament till tonaorrow at 10 a clock. Prayers faid. 1701. AND PRIVY COUNCIL. 65 50. — Friday, Jan. 2*. • Prayers faid. Rolls called. Minutes read. Proceeded to the bufinefs of the army. Difcourfed long on the eftablilhment. An eftablilhment given in be the Treafurer Depute, faid to be the King's inclinations, amounting for pay in the year to 66313 pounds Sterling, or thereby. An other eftabliftiment given in by D. Hamilton, extending to 58000 pounds Sterling, fome odds. So after long difcourfe, it was moved to delay the confideration of that affair till the members were better informed, and that the eftablifliment [16]98 were produced, which it was alledged was not obferved. It was faid, the number was not encreafed, and it was the King's prerogative to eftablifli the num- ber of corps as he faw fitting. It was faid, there was a great diflference be- twixt 3000 horfe and 8000 foot or dragoons. It was anfwered, 3000 horfe was not pretended to, nor would the Quota demanded extend to that. So in end the queftion came. Proceed or Delay : carried Proceed be 24 votes. Then after fome debate, remitted to the Committee of Security to confider the Quota and Fends, and bring in an Act on the whole firfl Sederunt next week, without preferring any other bulinels, and to confider the feveral ef- tablifhments. Parliament adjourned till tomorrow at 12 a clock. Praiers laid. The Committees to meet at 9. 51. — Satukday, Jan. 25. Praiers faid. Rolls called. Minutes read, and fome Petitions. Proceed- ed to the confideration of the E. of Argyle's procefs againfl the Duke of Gordon and E. of Aboyne. Before the Chancellour offered to report the laft day's debate upon informations, the Lord Advocate moved for the E. of Argyle, That he was content the procefs at this time be reflricted to the reftoring the Marquis of Argyle's blood, reputation, and dignity. That was refufed by the Duke and E. of Aboyne. There was a motion by the Advocate, That for all things elfe E. of Argyle was content to fubmit to I 66 OCCURRENCES IN PARLIAMENT 1701. His Majefty. The Duke faid, he was content to fubmitt his life and for- tune to His Majefty, in the terras of his capitulation, when he was in the caftle. So, after long difcourfe by the Members, and draughts of a fubraif- fion, bearing the Parliament to decern as to the reftitution per modum juf- titice of the Marquis of Argyle, as to blood, name, and honour, which could not be done by the King without confent of Parliament, It was mo- ved. The Parliament fliould proceed to that, and the Decreet not to be ex- tracted till His Majefty gave order. In end, moved. That the E. of An- nandale, Vifcount Seafield, Prefident of the Seflion, Lord Advocate "White- law, go out and adjuft the terms ; and it was reported by my Lord Seafield and Annandale, that they were agreed as to the fubftantials, but that the Duke craved leave to advife, till Munday at 10 a clock, about the wording of fome things ; which was allowed. In the time while they were adjufting of things without, my Act for making up my papers, burnt by the fire, 3. of February, was read and ap- proven by the vote. Then an Act reported from the fame Committee in favours of Mr. Gregory was read and marked A firft reading. Then a pe- tition of Mr. James Smith's, with the report of the Committee, read, and the report approven. Both this [and] Mr. Gregory's Petition relates to water-works for drawing of water ; Mr. Gregory's is craved for 31 years, Mr. Smith's for 34- years. The Parliament adjourned till Munday at 10 a clock. The Committees to meet at 9- Prayers faid. '" 52.— Munday, Jan. 27- I having gone after noon to a burial at Leith, came back about 4 to the Parliament, and they were on fome thing concerning the E. of Argyle's caufe c. the D. of Gordon, which, I know not what it was, but will know by the printed Minutes. ' The Act for the Supply read ; and, after fome ftrugle, marked A firft read- ing. Then read two Acts about the Highlands ; an Act by the E. of Mel- 1701. 1 AND PRIVY COUNCIL. . 67 vil about theiving and breaking of houfes ; an Act about weapon fchawings or arming the leidges. The Parliament adjourned till tomorrow at 10 a clock. An Act for adjourning the Seffion till tomorrow 8 dayes read and marked A firft reading ; given in by the Chancelloiu-. Prayers faid. 53 — Tuesday, Jan. 28. ; .C< i .. / Praiers faid. Rolls called. Minutes read. Proceeded to give the Act for the Supply a fecond reading, and it was moved, That the narrative might bear, That by the Claim of Right we could not have Handing forces without confent of Parliament : Agreed, That the very words be infert without mentioning the Claim of Right, viz. That a ftanding army can not be kept up in time of Peace, without confent of Parliament. Then came to the mention of the eftablifhment ; and it was moved, That the eftablifhment [16]98 might be read. It was faid, there behoved to be a regulation of the eftablifliment, that the burden of maintaining 3000 men might be as eafy as poffible. It was anfwered, there was never the like in any ftate, and the King was a better fouldier then any within the walls. It was craved. The eftablifliment related to might be read, which was accordingly done : Then the vote was fluted. Approve of the Quota conform to the faid efta- blifhment ; and another ftated, (it hath efcaped me,) and the vote was Firft or Second : carried, Firft ; which, being put to the vote, I or No : carryed, I. Then proceeded to the time from which to which this army fliould ft;and : D. Hamilton moved it to ftand from 1. December laft till laft of May next ; Treafurer-depute moved it fliould be for 2 years, from 1. De- cember laft ; others from 1. December laft till 10. or 11. of March 1702 ; fome carried it on till 1. June 1702 ; others moved that it fliould be for the laid two years, if wars break out, and to difl}and as many as the Excife can not fuflain, in cafe of peace : So there was here a double vote, and the laft was to 1. June 1702, or 1. December thereafter, and D. Hamilton told he could not but diflent from 1. December, &c. ; and many others craved 68 OCCURRENCES IN PARLIAMENT 1701. their diffent might be marked : carried to the 1. December, 108 votes for it ; 78 votes for the 1. June, whereof 67 craved their diffent might be marked. Moved the reading the Act for adjourning the Seffion, but it being about 9 a clock, and the Commiffioner having adjourned the Parliament till the morrow at 10 a clock, and the Committees to meet at 9, the bufinefs was let fall. Praiers faid. 54. — Wednesday, Jan. 29. Praiers faid. Rolls called. Minutes read. Proceeded to the Fonds for maintaining the army. It was faid, the Inland Excife, tho' fet at 40000 pounds Sterling, was not worth above 30000 pounds Sterling ; that the pre- fent tackfinen offer to renounce their tack, and a petition was read for Wil- liam Menzies, Captain Wood, &c. tackfmen, to that purpofe. It was faid, there were to be found that would offer 40000 pounds. The E. of Tullibardin gave in an offer to take the Inland Excife at 40000 pounds Sterling upon an aflignation to Bailzie Menzies's tack, fet againfl him. It was rellifli- ed at firfl, but it was afked, if they would take their venture of Bailzie Menzies's tack whether it fubfifted or not, in refpect of claufe in it, that it fhould be null in cafe of famine, war, and peftilence. It was anfwered, that they would fecure the Publick of the fum upon aflignation to the tack. Some faid, there was no hazard of the tack's becoming null on the account of famine, feeing the victual was dearer before and at the time of the tack then it has been fince ; but were not diflinct and pofitive as to the warran- dice. It is faid. Duff of Braco is the offerer. It was moved, That the Lords of Treafury and Exchecker might meet tomorrow upon this offer, given in in write by the E. of Tullibardin, and marked by the Chancellour. Another motion made. That the Excife might, with confent of the tackf- men, be expofed to roup ; fo, refolved upon remitting thefe two points to the Lords of Treafury, or to the Exchecker tomorrow. Then proceeded to the other Funds for making up the Quota. Some 1701. AND PRIVY COUNCIL. 69 moved To burden the annual rents of money ; but an Act of Parliament, in 1690, was read that knockt down this motion ; others moved a fum upon every glafs window, lefs than ten pence ; others upon paper to be ftamped for writing of evidences ; others a pol ; others, that places and pen- fions bear a fhare, a third part ; others, that affignments of gifts and titles bear a fliare : At laft the vote was ftate[d], Whether the land cefs or other funds bear the burden : carried. Land cefs, be about 35 votes. There was a great clatter about an expreffion in Baillie Menzies's peti- tion of aflurances given, when he took the tack. It was moved, he fhould condefcend. The Lords of Thefaury did all vindicate themfelves, but they added, it was not relevant for a ground of enquiry, feing they were but verba officiqfa to engadge to a bargain, and he had no performance hitherto. The Parliament fat till about 11a clock at night. The Lords of Treafiu-y and Exchecker to meet tomorrow at 9 — 10. The Paliament at 12. Praiers faid. -: 55. — Thursday, Jan. 30. ■ Praiers faid. Rolls called. Minutes read. The Chancellour reported, That according to the Parliament's remitt yefternight to the Lords of Trea- fury of the offer made in Parliament concerning the taking a tack of the Inland Excife, the Lords did meet, and Duff of Braco compeared and gave in his offer on the terms it was made yefternight. The Lords propounded, if his meaning was to take the tack and pay the fum, albeit Bailie Menzies's tack ihould be found null in law, or be vertue of any provifion in the tack. He withdrew and advifed, and made his anfwer, that he underftood that if the faid tack fell, he was freed, and the fame being read over, the Houfe found. That was not a ready fund for payment of the army, and proceeded to put an eftimate of 30000 pounds Sterling on the faid Excife, efpecially feeing the Exchecker had offered it (upon Baillie Menzies's obligation to renounce his tack if it were fet) to roup, not being under 30000 pounds Sterling. I went out, and was out about 2 houres, and when I returned they were coming to 70 OCCURRENCES IN PARLIAMENT .1701. the vote, how much cefs to give ; and the queftion was ftated, 5 or 6 months : carried 6, be about 31 votes. Then read Draught of an Act anent the diflblution of mines, &c. in fa- vours of the Earl of March ; 2. Act anent diflblution of the Stewartry of Orkney only for the power of fetting long tacks ; 3. Act for remitting the bufinefs of the arrears to the Lords of Seflion, with a parliamentary power; and it was moved. That a commiflion be appointed. Several other motions made. Then the Act for Supplie being brought in in mundo, was voted and approven. The Parliament adjourned untill tomorrow at 10 a clock, and the Committees to meet at 9. Praiers faid. Rofe after 10. 5Q. — Friday, Jan. 31. Praiers faid. Rolls called. Minutes of the laft Sederunt read. The Com- miflloner had a fpeech, fhewing. That the Parliament had pafled an Act for 12 months fupply of the forces ; the morrow is the day on which the fupernumerary forces, above 3000, mull be difbanded ; but becaufe the af- fairs of Europe was [at] prefent in a very uncertain ftate. His Majeftie de- fired the Parliament would confent to the keeping them up for fome fmall time, he paying them without burdening any fund of this kingdom. This feemed at firfl applauded, but D. Hamilton faid, there was an act for keep- ing up and fupplying 3000 men juft now paft, and fliall we now break it by keeping up a forces on the liberty of the fubject. It was faid, the king- dom was not to be burdened with it. It was anfwered, better the kingdom be burdened, then to have them payed from abroad ; this made them fo- reign forces, though Scots men : A great deal was faid on both fides, and D. Hamilton broke in incideiiter, on our forces yielding the pas to the Dutch forces in Flanders, to the difgrace of the kingdom. Lord Portmore faid, that the Dutch Guards were payed by Englifli pay, and were reck- oned with the Englifh Guards, and did beat the Englifli march, and the Scots were preferred to all the other Dutch forces. So, after long difcourfe, 1701. "^ AND PRIVY COUNCIL. 71 the[y] returned, and read the propolal given in by way of refolve, and condefcended on keeping up the forces to be difbanded, not exceeding 1100 men, until 1. of June. The Duke and many others entered their diffent, and defired to have their diffent marked ; but, being put to the vote, was carried. Continue the forces till June 1. next. Then read feveral Acts marked A firft reading, among which. Act in favours of the Lords of Seffion, for a quarter of a month's cefs yearly, for two years, the firft term's payment at Whitfunday next, prefented by the E. of Annandale, who enforced it prettie vigoroufly. The Duke, in banter, moved. That there might be alfo a fond for the extraordinary Lords. Laird of Grant rofe up in fury againft it, and Kilbimie, and feveral others, who moved the rejecting it. E. of TuUibardin fpoke with great refpect to the Lords, yet was not for burdening the country any furder, but withall moved. It might be marked A firft reading ; which, after forae ftruggle, was done. An Act prefented by the Chancellour, ordaining the Directors, &c. of the Bank to qualify themfelves. This was controverted as deftructive to trade. The E. of Leven, Governour of the Bank, complained he had not been acquainted with that Act. The Chan- cellour acknowledged he had drawn it, but did not know his Lordfliip was Grovemour, otherwife he would have acquainted him. Moved, It ftiould re- ceive a firft reading. E. of Leven craved, he might firft be ordained to fee it. The queftion was ftated. See or Mark a firft reading : carried. See. Several others read and marked A firft reading. Then the Ratifications read, and new fairs and mercats. The Parliament adjourned till tomorrow at 10 a clock precifely. Praiers faid. Came out at 9 a clock. The Acts for perfonal Liberty, about Forraign Woollen Manufacture, Ex- port of Wool, Difcharging French Wine, Act in favours of the Africa Com- pany, and others, with the Act for making up papers burnt in favours of Sir' David Home of Croffrig, one of the Senators of the CoUedge of Juftice, all touched, after reading the Minutes, by His Majefties High Commiffioner. 72 OCCURRENCES IN PARLIAMENT 1701. When the Act in favours of the Lords of Seffion was read, the Lord Mont- goraerie rofe up and faid, none of the cefs paying made fuch an outcry as that week's cefs to the Lords, and he could fay, that thofe in the country where he lived, of the Lords of Seffion, had a bleffing following them. My Lord Anftruther took him up very fliarply, and faid, that was an acculing the Lords of Seffion of briberie, and it was a high reflection on the Bench, and defired he might go to the bar for it ; and Halcraig defired he might condefcend if he meant by him. There was a great cry in the Houfe, and, when it was quieted, he faid he did not mean by any of the prefent Lords, for none of thera lived in the countrie where he lived : fo, after fome dif- courfe, this was let fall. The Prefident faid, if the Act was not acceptable to the Houfe, they might let it alone, but he believed the Lords of Seffion, in their private fortunes, and cefs on their money, and on their common ftock, payed 1500 pounds Sterling of the burden. 57. — Satueday, Fed. 1. Praiers faid by Mr. Th. Wilkie of Canongate. Rolls called. Minutes read. Moved be the E. of Buchan to bring in Collonel Arflcin's bufmefi againft the Countefs of Kincairden. Some thing alfo moved by the Earle of Aboyne, but I did not hear it, only he and E. Buchan cryed long for au- dience. But after the houfe was a litle quieted, the Chancellour moved, Af- ter the E. of Argyle, the Three Eftates would be private, and chufe their Commiffioners for the Arrears and Pole. After fome times feparating, and a confiderable time that the Comraiffioner ftaid in the Inner houfe, they re- turned for the Nobility, the Earles of Lauderdale, Lothian, and Leven ; for the Barons, Sir Francis Scot, L. of Livingfton, Sir Al. Monro ; for the Burrows, Sir Archibald Muir, Mr. James Hamilton, Sir William Ha- milton. Then the Act and Commiffion was read a 2d time, voted and approven. D. Hamilton moved The fonds for the Arrears might be re- mitted to the fame Commiffion. It was alledged by the E. of Annan- 1701. AND PRIVY COUNCIL. i 73 dale. That that could not be, but would require a nevs^ Commiflion ; and al- beit he had all regard to the perfons chofen, yet they were chofen for a fpe- cial end, and not in view of any other thing ; and if the Parliament had had' that in their view, poffibly they fhould have chofen others or moe ; and it were unufual to have a Committee of Parliament to laft longer than the Set-" lion of Parliament, for they were not to determine any thing, but to report.' The Duke alfo moved the remitting Dr Chamberlane's propofals to that Commiflion, but that was thought heterogeneous to their Commiflion, and of moft dangerous confequence, to delegate an affair of fo great importance to a Commiflion, with an unaccountable power. Moved by the Treafurer Depute, That Collonel Arflcin's affair be remitted to the Lords of Seflion," with a parliamentary power. The Prefident oppofed it, and thought, that regularly that ought not to be ; and he knew no fpecialities in this cafe.' The Treafurer Depute anfwered, The fpeciality was, that during the de- pendance, Collonel Arfldn could not grant fecurities out of the efl;ate he had bought at a roup. The Vifcount Seafield feconded the Treafurer Depute, and moved. That Powrie's caufe might alfo be remitted and offered to con- defcend on fpecialities. D. Hamilton broke in and faid, he would not fuf- fer the Vifcount of Seafield to proceed, for he interrupted him ; for he had given in to the clerk the ilate of a vote which he defired might be read. Seafield offered to anfwer, but the Duke cried out and would not fuffer him to fpeak ; and after a great noife, the Duke prevailed to get his motion, and flate of a vote read, viz. That the funds laid on for payment of the army and arrears fince the year 1693, might be remitted to the faid commiflion, I or Not. Then my Lord Forbefs moved the Commiflion for the Highland Jufticiary might be read ; the E. of Buchan, That Mr. John Arflcin's caufe might be remitted to the Seflion. After a flrugle, the E. of Buchan pall from his pretenfions. Then the quefl;ion might be, Which of thefe' fhould be firfl confidered, the Highland Jufl;iciary, or the Remitting the fonds, A long contefl there was, till both fides became filent, being weary K M OCCURRENCES IN PARLIAMENT 1701. with contending. The E. of Annandale and Mr. Francis Montgomerie de- fired Seafield to call for the Act Scdvo. The Commiffioner defired the Trea- furer Depute to call at the clerk for it, and read it ; which was done. The Duke faid, Very right to read a menacing Act Salvo in the midft of a debate. After fome time he defired to tell a fl;ory, an Italian fl;ory, of one who had been in great danger, and prayed to Saint Andrew to deliver him, and promifed many fine things if he were delivered. After the man's deli- verance, he neglected to perform. The[y] aflf ed him how that came to pals. He anfwex-ed in Italian, which the Duke repeated and Engliflied, That he was now delivered, and had no more adoe with the Saint. He had faid, and the E. of Rothefe alfo, they had many fine promifes of good laws, before the cefs was laid on, and now when it was laid on, no more good laws. The debate refimied about the preference. The Duke faid, he was content the Act for the Highland Jufticiary were firfi; read, providing it were marked in the Minutes, that the AiTears fliould come next under confideration ; and was anfwered. No ; that was unparliamentary for the Parliament to prelimit therafelves. It was anfwered, they had prelimit themfelves, that nothing fliould go before the bufinels of Caledonia ; and that when they came to the bufinefs of the Army, there was a Refolve that they fliould proceed in it, nothing interveening. It was moved. The Duke might fl;ate his vote, and they would fet up one againfl; it, and vote which of them ; or that the quefl;ion might be, Which of thefe fliould be firft, The Highland Jufi;iciary, or Arrears. The Duke faid, he was content the Highland Jufticiary fhould go firft, if his came next. It was anfwered, there was no fuch thing in the Parliament, as fuch pactional votes. Others moved the Act againft Leafing making, drawn by the Advocate, and read yefternight, might be read. The word from the Commiflioner to the OflBcers on the Throne was. That he was not very clear in his inftructions anent that, but he would be advifed by the Prefident and Advocate. They were for it, but demurred to give advice ; yet, after the Prefident's fpeaking with the Commiffioner, noi. AND PRIVY COUNCIL. 76 it was refolved they fliould not move it ; but if it were moved by others, to give way to it. It was moved ; but the Lord Forbefs and CoUodon flood up for the Highland Jufticiary. So, after the Coramiflioner's long patience, he rofe up and made a fpeech, that he had had very long patience, and poffi- bly more than he fhould have had, in hopes of their coming to feme agree- ment about a vote : but feeing they were not like to agree, he had former- ly called for and caufed read the Act Salvo, and mult now again call for a vote on that ; but before he do that, he behoved to let them know he had ample inftructions and all good inclinations to have confented to many good laws lying before them ; that they had now litten above 3 months, and they fpent two months before they came to the bufinels of the Army by their debates about Hating of votes, and bringing uiatters to a vote, and that now his time was out, and he was not to blame that they had not obtained thefe good laws. The Act Saho was put to the vote. Approve or Not, and the full Rolls were called as the firft day of this Seffion. The D. of Hamil- ton moved The Minutes might be adjufted before they parted. The Chan- cellour, by order of the Commiflioner, adjourned this Parliament unto the firft [Tuefday] of May next, being the fixth day, and declared it was ad- journed unto that day. Prayers laid. Came out before 9- The D. of Hamilton had protefted. That he had offered, for clearing the Arrears of the Army, and a vote to reraitt the fame to the Commiflion to enquire into the Fonds, and that he was interrupted and not allowed to bring it to a vote, and he threw in his guinea to the clerk. Others adhered. The Vifc. Seafield protefted. That he was interrupted, and not fuffered to bring his queftion to be ftated, and he gave an account, as is above ftated. The Treafurer Depute protefted, He was alfo ftopped and interrupted in his difcourfe by the D. of Hamilton. The Lord pity the nation, for this Par- liament hath parted in an ill humour, and throw men's oppolitions, many good laws, [and] private perfons bufinels, was not allowed to come in. 76 OCCURRENCES IN PARLIAMENT 1701. Thursday, March 20. • I fhall here begin with what pafles in the Council, of moment. This afternoon the Advocate produced a tallzie-duce, or a paper caft off a plate. He faid one Kennedie, an honeft man and elder in Mr. John Moncrief's parifh, came with it to him, and told him he had brought it as foon as he got notice of it. The paper is an hierogliphick, bearing a woman with a crown on her head, and Scotia written above it ; proceeding out of her mouth on the right fide, in Latin, thefe words, Sumite animum, tarn quibusjalus, quam quibus gloria patrice charijjlma eft; and, on the left fide, 2^aJee courage ye to who[in~\ your fa/ety and the glory of your countrie is dear ; beneath, at her fides, in fome copies only, the 84 diflent- ers, and in others, by way of amendement, the Caledonia fupporters. In her hands fl;retchd out Grarlands ; in the right written Patrice ; in the left Fautorihus. Then under thefe, in two large pillars, the names of the No- bility who diflented from the vote for addrefling,and not making an Act anent Caledonia ; and below thefe, in two lefler columns, the commiffioners for barons and burgefles who diflented, with fome fubjoined who were abfent, about 5, and compeared next day, defiring their names to be marked with the diflenters, and 6 more who voted right, but were neceflarily abfent that day ; and, at the foot of all, an Angel with a Glory and Thimderbolt in his hand, with thefe words from him, Procul, 6 ! procul efle, prqfani, and a big man holding up his hands, and others lefler, the formofl; leaning on a ftaff, and the Devil with him on his flioulders, and one in flames, with a word in a label over his head, proceeding from his tormentor, Vendidit hie auro patriam. There were fecured one Auchmoutie, a door-keeper of the Africa Com- pany, and one Mr. John Thomfon, under clerk thereof. 1701. AND PRIVY COUNCIL. 77 Auchmoutie being called in, and all removed but members, he was {hew- ed, the paper and copperplate off which it was done ; he confeft he had a hand in carrying on that work, which he did not think would give offence to any ; that he agreed with the engraver for 6 pound 10 ill. Sterling ; that he borrowed 3 pound Sterling thereof from his fifter ; that Mr. Thom- fon was the contriver and defigner of it ; that by thofe going to hell, he underftood thofe who fold the colony ; that he knew of no other privy to the defign. He iigned his confeffion. Mr. Thomfon acknowledged he did defign the paper ; that he (hewed it to Auchmoutie and feveral others ; that he thinks Mr. Roderick M^Ken- zie. Secretary to the Company, faw it ; that he gave this day a copy there- of to my Lord Whitelaw ; about 8 dayes agoe a copy, done with his pen, to the Marq. of Twedale, who gave him half-a-guinea ; and about a fortnight agoe, another to the Duke of Hamilton, but the Duke gave him nothing. He alfo figned the declaration. The printer called in, tels. That they had conduced with his wife and fervant, but as foon as he knew and got a copy, he came therewith to the Advocate's. Burgun, the printer's man, declares, Auchmoutie came to him with the plate, and wett the paper, and he reckons there were call off about 30 or 32 copies. The Council here ordered to fend Auchmoutie and Thomfon to the Caftle clofe prifoners, for contriving and publifhing a pernicious paper againfl the Government. Mr. Roderick M°Kenzie called in. Declares he never faw the print nor the plate till that moment they were fliowed him at the bar ; that he did fee Thomfon working at it in the office, but took litle notice of it ; that he had given a lifl of the Parliament to Thomfon to copie, which he had gotten from the Lord Blantyre, but not in view of that, or any diftinct lift of the Diffenters ; that he was alked by Thomfon, or Auchmoutie, what he thought 78 OCCURRENCES IN PARLIAMENT 1701. fuch a plate would coft, and that he was told they had advanced 4 pound Ster- ling, which he faid was by far too much, but that he had no Ikill in tbofe matters. Mr. Roderick [having] figned his declaration, was ordered to clofe prifon in the Tolbuith. The Clerk of Council, Sir G. Eliot, ordered to go to the D. of Hamilton and Marq. of Twedale, and require up the copies gotten by them. WTiite- law, being advertifed by the Advocate, fent up his copy with his man to the Advocate. Fkiday, March 21. --^The clerk reported he had been at the Duke, who faid he acknowledged one come to him with the paper, whom he never knew, and having read the names, and obferving fome of them wrong, he threw it away and never faw it fince ; and declares upon his honour he knows not where it is. The Marquis of Twedale acknowledged he had fuch a paper, but knows not where it is ; but if the Council infift for it, he will look it out and fend it. The Council feemed not fatiffied with their anfwer. It was moved by the C[hancellor] they be ordered to attend the Council. I faid, it would be fitt in the firft place to confider what to fay or do to them, in cafe they gave the fame anfwer they had fent with the clerk. It was faid, time enough for that, when we heard their anfwer ; fo by vote it was carried (Halcraig and I being no voters,) to fend a macer with his mace to require them to attend the Council. In the interim, the Council ordered moft of the copies to be burnt [between] 12 — 1, be the hands of the hangman, as a wicked and pernicious paper ; and the Advocate having read a paper he had drawn by order of the Council yef- temight, fliowing the laws on which a libell might be framed, and the Coun- cil ordered him to indict M'Kenzie, Auchmoutie, and Thomfon, before the Lords of Jufticiary. As to the burning, the C[hancellor] infilled very fervently that the pa- n02. AND PRIVY COUNCIL. 79 per be read at the burning ; but there was none that feconded him, yet he demanded a vote. The Marquifs of Twedale being in the Africa Company when the macer found him, he came to the Treafury-room, and the Council being advertifed, it was moved by the C[hancellor,] and fervently urged, he Ihould be brought to the bar ; all appeared againll it, one indifferent, as appeared by the vote. Then was fent out to him the E. of Leven, Advocate, and Treafurer Depute, who reported, that the Marquifs faid the paper was fome way fallen by, and that he Ihould look it out and fend it to the Clerk betwixt and two a clock. So the Marquifs was told by S. G. E[lliot] the Council accepted his anfwer, and defired him to be gone, and to fend the paper as he had faid. The Duke being come, the fame three were fent out to him, who report- ed the fame the clerk had reported ; and further, that he had not given or fent it to any, that he would enquire at his fervants for it, and fearch his papers, and fo foon as he found it would fend it to the clerk, and was con- tent the Council fent any to be witnefs to his fearching, and he fhould fliow him all his papers, and was willing to depone upon all. So the Duke was alfo difmifled. Another, Finlayfon, a fervant of the Company, called in; he knew but litle, fave that he faw Thomfon working at that work. He is ordered to the guard till he find caution, under the pain of 200 merks, to compear when called for. 1702. Wednesday, March 11, News came from Court, in a letter from the Duke of Queenfberry, &c., That after the King at hunting had got a fall from his horfe, and broken his collar bone, which was knit again, he had taken a violent fit of an ague. 80 OCCURRENCES IN PARLIAMENT 1702. on Munday 2d inflant, but that the phyficians had no fear of him then. On Saturday after, being the feventh and date of the letter, the King's phy- ficians declared to the Council of England, that his cafe was dangerous, and that they had more fears than hopes. In this letter, they advife the Coun- cil to detain the regiments that were ordered to embark for Holland, and to advertife Brigadier Maitland, at Fort William, to look well to his garrifon, whatever happen. This the Council has ordered, and to advertife all privy Counfellors to come to town and attend. Thubsdav, March 12. CoUonel Row came exprefs from Court with the fad news of His Majef- ties death, on Sabath laft, the 8. of March, about 8 a clock in the morning. The letter from our courtiers, bears. The Queen had taken the coronation Oath, in prefence of the Scots Council there, viz, D. Queenfberry, Argyle, Marquifs of Lothian, E. of Seafield, Hyndford, Mar, Morton, Eglington, Vif. Teviot, L. Jedburgh. There was a letter from the Queen, continuing all commiffions, civil and military, and giving alTurance of her care of the Proteftant religion, and the government of the church eftabliflied by law ; and intimating her inclinations that the forces be tranfported to Holland. She, by the courtiers, leaves it to the Council to give their advice if the Parliament may not be adjourned to a longer day then the 20 dayes after the King's death, according to the Act 27 in An. 1696. The Council refolved to proclaim the Queen tomorrow, it being late this night. Friday, March 13. There was confiderable reafonings upon the Querie ftated by the cour- tiers, by order of the Queen, viz. If there was an abfolute neceffity for the Parliament's meeting 20 dayes after the King's death. The anfwer of the Council was, That the Queen may adjourn the Parliament within the 20 1702. AND PRIVY COUNCIL. 81 days, fo as it needs not meet precifely on the time appointed by law. Againft this vote there was the E. of Lauderdale, L. Rofs, L. Halcraig, and Laird of Grant : not clear, Vifc. Rofeberry and L. Crulliig. About 3 a clock, the Chancellour, Privy Councillors, and feveral noble- men, gentlemen, and burgefles, went to the Crofs and theator, and proclaimed the Queen. At 7 a clock, the Council met, the Members of Council having, before the Proclamation of the Queen, fworn alledgeance, and figned the Afllirance a litle amended. The L. Rofs and L. of Grant declined till after the Procla- mation, and then offered to fwear the Alledgeance, which was adminiftred to them ; but they fcrupled to fign the Affurance, alledging there was no law requiring it. But they being removed, the Council confidered the Act of Parliament, and found the Alledgeance and Affurance could not be fepa- rated ; and they being called in and acquainted therewith, they ftilJ conti- nued their demur : fo being again removed, word was fent to them that they needed not attend longer this night. There was a letter figned by the Members to the Queen ; and another to the courtiers, in anfwer to the Querie, figned by thofe Members who were for adjourning the Parliament. Saturday, Mauch 14. This day the Lord Rols and the L. of Grant figned the Affurance to the Queen. MuNDAV, Mabch 16. The Lords of Seflion, fuch as were in town, having mett and qualified themfelves, and gave [given] their opinion what fliould be done by the Council anent Diligences and the Seals, the Council did accordingly emitt a Proclamation. L 82 OCCURRENCES IN PARLIAMENT 1702. MuNDAY, March 23. There came a flying packet, with orders from the Queen to adjourn the Parliament till May 26. As to the tranfporting the Forces, Ihe fignifies her inclinations it be done, unlefs there be an abfolute neceflity for their Hay- ing ; but leaves it to the Council to do as they think fitting. The vote was put. Sail or Debark : carried Sail ; but there was for Debarking, the E. of Melvil, Lord Prefident of the Council, E. of Buchan, Leven, L. Juft. Clerk, L. Croflrig. The Council ordered the adjournment of the Parliament to be proclaimed. Thursday, March 28. The Council mett and adjourned till April 28. Tuesday, April 28. The Council mett and adjourned of new till May 21. Thursday, May 21. The Queen's Letter for adjourning the Parliament to June 9, read, and a Proclamation for doing the fame, figned by all the Members without vo- ting, not being cuftomary to vote exprefs commands. The proclamation of Council An. 1697 againft importing or venting forraign coppar or brals coin ordered to be reprinted ; it being informed that great quantities are bought up for importation and part already imported. Saturday, May 30. The D. of Queenlberry Her Majefty's Commiffioner (being come on Wed- nefday) was prefent, where a letter from the Queen having been read yef- ternight in Council at the Abbey, (where I was not prefent, but I read it this day,) requiring the Council to proclaim war with France ; this day the 1702. AND PRIVY COUNCIL. 83 Proclamation was read in Council ; the vote was ftated. Approve of the Draught or Not : carried unanimoufly Approve, and figned by all prefent. The Council adjourned till Thurfday next. And afterwards, without meet- ing, was adjourned till Thurfday, June 11. 1. — Tuesday, June 9, 1702. The Parliament met about 1 a clock. Praiers faid by Mr. Blair. Immediately after prayer, the D. of Hamilton offered to fpeak, and the Chancellour faid to him, My Lord, the Parliament is not yet conftitute. He anfwered, it was about that he was to fpeak, and faid. That in the laft Seffion of Parliament held by King William, they had had many debates, and much contention, he and many others in the Houfe had a paper to offer in the words following, viz. " For as much as by the fundamental laws and conflitutions of this kingdom, all Parliaments do dif- folve by the death of the King or Queen, except in fo far as it is altered by the 17 Act of the 6 Seffion of King William's Parliament impowering the Parliament laft in being at his Majeftie's death to meet and act what fhould be needfiU for the defence of the true Proteftant Religion as now by law eftabliflied, the maintaining the fucceffion to the Crown as fettled by the claim of right, and for preferving and fecuring the peace and fafetie of the kingdom ; and feeing that the forefaids ends are fully fatiffied by Her Ma- jeftie's happy acceffion to the throne, whereby the religion and peace of the kingdom are fecured, we conceive our felves not now warranted by this law to meet, fit, or act, and therefore do diflfent from any thing that ftiall be there done or acted, and thereupon take inftruments." Then he and a great many moe took inftniments thereupon, and with- drew from the houfe. 84 OCCURRENCES IN PARLIAMENT 1702. Then was read Her Majeftie's Comraiffion to William D. of Queenfberry to reprefent Her Royal perfon from April 7 laft, and during Her Majefties pleafure. The full Rolls called. Read the Coronation Oath taken by the Queen and attefted by the Privy Councellours at London, on 8 March laft. Read the Queen's Letter for the Lord Montgomerie's voting as Lord High Treafurer, and he admitted by taking the oath of AUedgeance to the Queen, the oath defideli, and figning the Aflurance. The Marquis of Annandale's Commiflion for being Lord Privy Seal read, and he qualified. The E. of Seafield's Commiflion as joint Secretary in conjunction with the D. of Queenf- berry read. — But immediately after the Rolls, the Peers were qualified by tens, the Barons by eights, and the Burrows by fives. Read the Patents of honour for the D. of Argyle, Marquis of Lothian, Marquis of Annandale, E. of Seafield, E. of Hyndford, each of them ftanding as his Patent was read, and they then qualified as Members of Parliament. When the Queen's Letter was produced in favours of the Lord Mont- gomerie, the Vifcount of Tarbat fpoke, and alledged. That this Parliament was a limited Parliament, founded on the late Act, fo that he did not think any new members could be received. The Advocate anfwered, that by that Act not the Members then fitting, but the Parliament current for the time, was to meet upon the King's death, and by the Acts of Adjournment fince that Act there was power granted in cafe of the death of any Member to chufe a new Member. The Secretary fpoke to the fame purpofe. So Tarbat having faid what he laid was with fubmiflion to the Parliament, the matter was let fall. The Queen's Letter to the Parliament was read, lignifying the great lofe of the late King, her encouragement by her hopes from this loyall Parlia- ment ; evidenced, by the many loyall addreflTes upon the French King's injuri- ous actings, that flie gave aflurance of her firm refolutions to maintain the true intereft of this kingdom, both Civil and Religious, and of the Proteflant 1702. AND PRIVY COUNCIL.' >• 85 Religion, and of the Prefbyterian Church Government as now eftabliftied by law, and had fully inftructed her Commiflioner as to thefe things, and as to the encouragement of trade ; had declared a war with France upon moft juft grounds ; had profecuted the Union in England, propofed by the late King, fo far, as to get a warrant to her to name Comraiffioners for that purpofe for England; and that fhe demanded nothing from this Parlia- ment but what tended to their own fecurity and welfare ; alfo for fuppref- fing immorality, &c. The Commiflioner had his fpeech lamenting the lols of the late King, and enlarging upon commendations of the Queen, and fpeaking to the feveral articles of her Letter. The Chancellour fpoke at length to the great lofe of the late King, and in commendation of him, as alfo in commendation of the Queen, and to the points of her Letter, and the Commiflioner's fpeech. Moved by the Prelident of Privy Council, the Queen's Letter, &c. be print- ed, which the Commiflioner agreed to. Then the Lord Privy Seal, Marquis of Annandale, had a touch at the lols by the King's death, and moved There fliould an Act be brought in for recognizing the Queen ; and the Act recognizing King William and Queen Mary was read, and leave given to the Marquis of Annandale to bring in an Act to that purpofe. Moved by my Lord Tarbate, That a fupply be granted to her Majefl;y for defence of the kingdom. Moved by my Lord Stair, Confideration be had of that part of the Queen's Letter concerning the Union. Moved by Sir Alexander Bruce, That fome be appointed for drawing an anfwer to the Queen's Letter. The Chancellour gave in the Reafons of a Fafl; prefented by the Commif- fion of the General Aflembly now fitting to her Majefl;y's Commiflioner, and moved An Act be brought in for that purpofe. 86 OCCURRENCES IN PARLIAMENT 1708. Moved, That at the next meeting of Parliament the Members be in readi- nels to give in their lifts for the iifual Committees, in the ufual numbers, viz. for the Security of the kingdom, for Trade, for Controverted Elections, Drawing an Anfwer to the Queen's Letter, and for Revifing the Minutes. But that for Trade I think was not mentioned. Ended with prayer 4-5. 2. — Thursday, June 11. Praiers faid. Rolls called. Minutes read. Some debate about the amend- ments of them, concerning the Seceffion ; and it was declared, no clerk could give Extract of the Inftruments taken, except only of the Minutes, in refpect the paper read by the D. of Hamilton was not given in. Act for adjourning the Seffion, A 1ft reading. Given in by my Lord Pri- vy Seal, Draught of an Act recognizing the Queen, read for the firft time. Given in by my Lord Advocate, Act ratifying the laws for the Proteftant Religion, and againft Popery, and ratifying the Prefbyterian Church Go- vernment. Act for recognizing the Authority of this prefent Parliament, conveined by vertue of Act 17. Pari'. 1696, Declaring it treafon to call in Queftion the dignity and authority thereof, under any pretence whatfoever. My Lord Tarbat faid, this was an Act of great importance, and the he would not queftion the word Parliament, which was equivocal, figni- fying one thing in France, another thing in England, and having different fignifications in Scotland, yet, it could not be doubted, this meeting llioiild rather be called a Meeting or Convention of Eftates ; and that it had its being, contrary to the nature of Parliaments, from the faid Act, and was thereby limited both as to time, and as to what one might act by it. The Advocate, Seafield, Prefident of the Seffion, and Lord Stair, and Marquis of Annandale, feemed to go in with Tarbat, and that the Draught bore no more. After fome difcourfe this was let fall till fecond reading, A firft being marked. 1702. AND PRIVY COUNCIL. 87 Act for a national faft the [third] Thurfday of July next, with the Rea- fons given in by the comraiflion of the General Affembly, read, and marked A firft reading. Moved again by the Lord Tarbat, An Act be brought in for a fupply to Her Majefty. The Eftates went apart to chufe their Committees. Committee for the Security of the Kingdom, Nohility. — L. Prefident of the Council, Duke of Argyle, Marquils of Lo- thian, E. of Marr, E. of Lauderdale, E. of Loudon, E. of Leven, E. of Hyndford, Vifc. Stair. J Barons. — Sir Ro'. Sinclair, Sir John Swinton, Mr Francis Montgomerie, Jo. Crawford of Kilbirny, Lord Aberuchel, Adam Drummond of Meggins, Sir Ja. Elphingfton of Logie, Dun. Forbels of Culloden, Mr Ja. Melvil of HalhiU. Burrows. — John Anderfon for Glafgow, Sir Archbald Muir, Sir James Smollet, Sir David Dalrymple, Sir Alexander Ogle vie. Sir John Hamilton, Sir Hugh Dalrymple, Mr. Ro'. Stewart, Sir Alex'. Home. Committee for Controverted Elections. Nohility. — E. of Buchan, Glencaim, Kintore, Vifc. Tarbat, L. Forbefs. Barons. — Preftongrange, Pollock of that ilk, Arkinglals, Sir John Demp- fter of Pitlever, Ro'. Reid of Baldovie. Burrows. — John Muir for Air, Sir Andrew Home, Mr. Joh. Murray, Mr Will. Johnfton, Mr. Ro'. Forbefi. Committee for Answering the Queen's Letter. Nobility. — Duke of Argyle. — Barons, — Mr. Francis Montgomerie.— Burrows. — Sir Hugh Dalrymple. 88 OCCURRENCES IN PARLIAMENT 1702. Committee for Revising the Minutes. Nobility Vifc. Tarbat. — Baro7is. — Sir Colin Campbel of Abenichel. — Burrows — Sir David Dalrymple. 3. — Friday, June 12. Praiers faid. Rolls called. Minutes of laft Sederunt read. Read, voted, and approven the Act for Recognizing the Queen. Read, voted, and approven. Act for adjourning the Seffion till 1ft July ; tho it was alledged by the [Lord] Whitehill, That it was not within the circle of this limited Parliament to do it ; it being anfwered by the Advo- cate, E. of Seafield, &c.. That it was neceflary for the conveniency of the Parliament that the Seffion be adjourned. Act for Ratifying the Proteftant Religion, and of the Prefbyterian Church Government, read. Sir Alex"". Bruce of Broomhall faid, there was a diftinction to be made betwixt the Proteftant Religion and Prefbyterian Church Government, which, as it is now fetled, is inconfiftent with the eflence of monarchy, as might eafily be demonftrated. Upon which there was a cry of very many. To the Bar, To the Bar. The E. of Seafield and Marquis of Annandale faid, what he had [faid] deferved cenfure, but he might be allowed to crave pardon of the Houfe, or to explain himfelf. He faid, he did only exprefs his own fentiments ; whereupon again the cry was. To the Bar. So he was fent to the bar, and faid he did only fay he conceived fo. The Advocate and others craved he might be removed ; and being removed, the Treafurer-De- pute moved, That it might be put to the vote, Expell him the Houfe or Not : carried, nemine contradicente, Expell. So he was called in and the fentence intimate. He faid, he was forry he was deprived of the opportu- nity of fliowing his readinefs to do Her Majefty fervice. And fo removed, and Order figned for the burgh of Sanquhar, to chufe a new commiffioner. 1702. AND PRIVY COUNCIL. 89 Argyle had faid before Sir Alexander went to the Bar, that the gentle- man had taken the wrong cue, he had fpoken too haftily. The Act again read, voted, and approven. Then the Act declaring the Legality of this Meeting of Parliament, read. Moved by my Lord Whitehill, That it might be added, " Under the reftrictions and limitations of the Act 17, 1696." It was faid by the Mar- quifs of Annandale, That he thought it was underftood, by relating to the faid Act, but becaufe of weak bretheren, he thought that there might be an amendment. The Chancellour had faid before, that feing Her Majefly was here reprefented by her High Commiffioner, and all the Three Eftates were fitting here, that it was a Parliament to all intents and purpofes. He was feconded by none. And V. Stairs faid, he craved pardon not to goe along with that opinion ; the Parliament having mett contrary to the common na- ture of Parliaments, by vertue of the faid Act, they could not goe beyond the limits thereof, and that was of very large extant. The E. of Seafield moved a Temperament, that this Parliament could do nothing, but for the ends propofed in the faid Act ; which was aggreed to, and fo amended, and voted, and approven. Act read, voted, and approven for a Solemn National Faft, on the 3d, Thurfday of July. All thefe Acts touched by the Commiffioner. Moved by the Chancellour, That there being a report that the Faculty of Advocates had mett, and figned an Addrefs to be fent to the Queen, very undutiful and unbecoming. That the whole Advocates and Dean of Facul- ty be cited to Appear before the Committee of Security : Agreed they be called and required to bring the paper alongft to morrow at 10 a clock, and a Warrant figned for that effect. The Parliament adjourned till Tuefday next at 10 a clock. M 90 OCCURRENCES IN PARLIAMENT 1702. 4. — Tuesday, June 16. Praiers faid. Rolls called. Minutes read. An Overture read, voted, and approven, for a fupply to Her Majefty for fuch Forces as fliall be thought neceffary, providing arms and ammunition, repairing forts and garrifons, and rigging out the ILips, and maintenance of the men for guarding our coafts. Report from the Committee of Security concerning the Advocats that gave warrant to the Dean of Faculty to fign an Addrefs to the Queen, That they had enacted themfelves to compear before the Parliament this day, and that the Committee had appointed the Advocat to draw a complaint againft them, which he had done, and was read againft 20 Advocats, viz. Mr Ro'. Bennet D. of Faculty, Sir Pat. Home, Mr. Arch. Cokburn younger of Lan- ton, Mr. James Grahame, Mr. John Stewart of Blackball, Mr. Arch. Ha- milton, Mr. James Colvil, Sir John Arfkine, Mr. John Bellhis of Tofts, Mr. Jo. Fleming, Mr. Adam Hepburn, Mr. Ja. Morifon, Mr. Al. Hay, Mr. Tho- mas Rig, Mr. Will. Cowpar, Mr. George Douglafs, Mr. Adam Colt, Mr. John M^Kenzie, Mr. George Schaw, Mr. Thomas Hope, — founded on Ja. 6. Pari. 8. c. 131. Ch. 2. Pari. 1. c. 4. ; and was read again in their hearing, and they appointed to fee it and anfwer it on Tuefday next. The Advocat is to give every one a copy, and the documents to be feen in the D. of Facultie's chamber. The Parliament adjourned till Thurfday next at 10 a clock. Prayers faid. 5. — Thuksday, June 18. Praiers faid. Rolls called. Minutes read, and an amendment made. The Overture from the Committee for 10^ months cefs, and a Draught of an Act brought in by the E. of Loudon, beginning the firft term's payment of 3 months at Candlem. next, and 2 months at Lam. thereafter, 2 months at Mart. 1703, 2 months at Candl. 1704, and 1^ months at Whitf. there- 1702. AND PRIVY COUNCIL. 91 after : marked A firft reading. Motion made by Vifc. Tarbat, That all who have fees or penfions from the Crown, offer a 4th part to the Queen. Sea- field faid. That thefe were at the Queen's difpofal, which fhe may reftrict when Ihe pleafes, that the fond of the civil lift was now fo defective as not to be able to pay it, but for his part he Vas willing to ferve the Queen for nothing. The Treafurer-Depute faid, he moved to advife the Queen that all gifts during life fliould be made during pleafure. Vifc, Tarbat faid, that were unjuft, and the Parliament would not advife the Queen to do that which was unjuft. This was let fall. Draught of an Anfwer to the Queen's Letter brought in by the D. of Ar- gyle read, and read again by paragraphs. There was one §. touching thofe who made Seceffion the firft day of the Parliament, before reading Her Ma- jefty's Commiflion, unfuitable to their duty, &c. Moved by the Lord Hal- craig, It be left out, Seconded by the E. of Lauderdale ; but the Draught put to the vote, as to which many were filent. The Eftates went apart to chufe the Committee for Revifmg the Accounts. Noblemen. — E. Galloway, E. Loudon, Lord Boyl. — Barons. — Sir Ro*. Sinclair, Kilbimy, Colloden. — Burrows — Sir J. SmoUet, Lord Halcraig, Mr Will. Johnfton. Pardoven faid it was undecent that two of the tackfmen of the Cuftoms Ihould be on the Committee. The Parliament adjourned till the morrow at 11 a clock. Praiers faid. 6. — Friday, June 19- Praiers faid. Rolls called. Minutes read. Sir James Smollet, one of the above Committee, craved he might be excufed, but after forae little dif- courfe the fame was let fall. The Act for the Supply read, and moved [by] the CommifRoner for Dun- dee, That the claufe for retention might be left out, as not being given to the Queen. Moved by my Lord Secretary, by Stair, E. Lauderdale, Annan- ft8 OCCURRENCES IN PARLIAMENT 1702. dale. There might be two Votes, The Chancellour preft it might be all in one Vote ; Seconded by the D. of Argyle, and accordingly was Voted and appro ven ; and being tranfcribed, was touched. A new recommendation by the Parliament to the Queen, in favours of the E. of Morton, relative to an [Act] in an. 1693 ; but after debate, the word " ftretches" left out, as undecent upon an Act of Parliament not yet refcinded. Act for the Union read for the 1ft time. The Parliament adjourned till Tuefday at 10 a clock. Praiers faid. The Act for the Union is only a power enabling the Queen to name Com- mifRoners to meet, treat, and confult with the Coramiflioners for England, and to fet down their articles in 4 duplicates, one for the Queen, one for the Parliament of Scotland, and 2 for the Parliament of England. 7. — Tuesday, June 23. Prayers faid. Rolls called. Minutes read. A Letter from the Queen read, touching the Seceffion ; to be printed. Lifts given in of additional Commiflioners to feveral lliires for the fupply. Will. Alves received commiffioner for Sancher. Act given in by the Pre- fident of the Seffion from the Committee for Security, for a Highland Com- miffion, read, and marked A firft reading. Act anent the Union read over again ; but moved by the Prefident of the Council, That the matter being very defirable, but weighty, the confideration of it might be delayed untill the next Meeting or Sederunt, which was allowed. The Advocates called, upon the L. Advocate's complaint againft the Dean of Faculty, &c., for his figning an Addrels to the Queen in name of the Fa- culty. They craved allowance of Advocates to plead for them, and gave in a lift of 15 or 16 ; and they being removed, it was alledged by the L. Advocate that this was a deiign to draw others in to take part with them, if they would content themfelves with two or three, it might be allowed them, and 1702. AND PRIVY COUNCIL. ^ 98 he read the Act of Regulations, allowing only fo many on a fide. The Mar- quifs of Annandale faid, that he was fure there was feven or eight of the lift given in, that never opened their mouth at the bar in the Inner Houfe. The E. of Lauderdale was for allowing them as many as they defired, being in a matter that concerned them so nearly. At laft it was agreed, they fliould have 6 or 7, and they being called in, they gave in a lift of 7, viz. Sir David Thoirs, Sir David Cunninghame, Sir Walter Pringle, Mr. David Forbefs, Mr. Francis Grant, Mr. Alex'. M'Cleod, Mr. John Fergufon. The complaint having been read before their Advocates were allowed. Sir David Cunninghame craved, that if they fliould unwarily drop any words that were liable to mifconftruction, they might be favourably interpret. They were told they fliould take heed to what they faid, for the Parliament would not allow them to take an undue liberty of fpeech. Mr. David Forbefs began the difcourfe, and entered upon fhewing the Ad- vocates were a Faculty ever fince the inftitution of the College of Juftice, &c., and then came to propofe his Dilators. The Advocate told him, he had proponed Peremptors, and could not now return to Dilators. He and Sir David Cunninghame faid, he had only propofed the narrative of matter of fact, which was ufual before they come to the debate in law. Sir Walter Pringle faid, that if one Advocate had unwarily mannadged the procefs, the reft might immediately correct him, and follow the right method. They being removed, after fome debate againft allowing Peremptors by the Marquifs of Annandale, and fome for allowing by the E. of Lauderdale, Mr. Will. Brodie, &c., it was agreed. They should propone firft their Dila- tors, then their Peremptors, and the L. Advocate to anfwer both. They being called in, and this intimate, Sir David Thoirs alledged no procels, becaufe the complaint was forged, being figned with the Advocate's name, but not with his hand. He faid. It was by his order. Anfwered, Cannot be heard, feing that was exprefsly difcharged by an Act of Sederunt of the Lords of SelTion, and declared to be forgery. 2°. The copie figned truely by 94 OCCURRENCES IN PARLIAMENT 1702. the Advocate was not up 6 free dayes, being given out but on Friday laft. The Advocate faid, they had enacted themfelves to appear before the Par- liament, and were warned apud Acta, and it was but a complaint. An- fwered, they had fulfilled their enactment by appearing the other day. Thefe Dilators are contained in printed Anfwers to the Complaint, and the Peremptors are in an Information, which were read ; and to which the Advocate having made anfwers, and parties being removed, the queftion was Hated If they were not guilty of a mifdemeanour. The E. of Lau- derdale alkt if the Parliament was got over the Dilators, and moved To re- mitt this to fome other court. The Marquifs of Annandale faid they were not worth noticing. After fome debate, the Vifc. Stairs moved. That the addreffing of Advocates by their Dean of Faculty in matters not belonging to their ordinary adminiftration might be found Unwarrantable. Some called it a mifdemeanour ; the Marquifs of Annandale called it a high infult againft the Queen and the Parliament, and that fuch a general was not appofite to the libell, as faid the E. of Leven. In end the queftion was thus ftated. If the voting, that the Dean of Faculty fhould fign an Addrefe in name of the Faculty, and his figning accordingly, be relevant to inferr an Arbitrary punifliment or Not : carried Relevant. It being 8 a clock, the Parliament adjourned till Thurfday next at 10 a clock, and the caufe conti- nued. Praiers faid. 8. — Thursday, June 25. 9. — Saturday, June 27. Thefe dayes I was out of the Houfe, and muft truft to the Minutes. 10. — Tuesday, June 30. Praiers faid. Rolls called. Minutes read. The Advocates called. The Parliament's Interloquitor in their caufe read to them. 1703. AND PRIVY COUNCIL. 95 The Commiffioner had a fpeech, thanking the Parliament for their loyal- tie and unanimity, and recognizing the Queen's authority, and paffing the other Acts ; that he was furprifed to hear of an Act given in the other day without the knowledge of any of the Minifters, and becaufe it might occa- fion heats and difference he did not incline they fliould proceed in it ; he thinks for himfelf, that his early appearance at the Revolution, and his con- llant adherence to the prefent fettlement, will not make any to doubt of his readinefe to concur in all means proper for fupport of the government, ac- cording to the Claim of Right ; but now, there having been no private bu- finefs, and fo no need of an Act Salvo, he did, in the Queen's name, adjourn the Parliament till Tuefday, Auguft 18, and defired the Chancellour to ad- journ it to that day, which was accordingly done. Concluded with prayers. Follows the Firft Parliament called by Queen Ann. 1703. 1. — Thursday, May 6. After feveral adjournments of a new Parliament, this day it was ridden from the Abbey of Holyroodhoufe to the Parliament Houfe, in the order publifhed in print, only the troop of Horfe Granadiers did not ride as the order bears. The Commiffioner came up after 1 a clock. Prayers faid be Mr. David Blair. The Queen's Commiffion to the Duke of Queenlberry read. The Letter to the D. of Queenfberry for appointing the Vifcount Tarbat to officiate as Secretary in this Seffion of Parliament, the Commiffions to the New OflScers of State, (except the Thefaurer De- pute's) read. The Rolls called, where there were feveral flops, about receiving of Com- miffioners, &c. The Queen's Letter read. The Commiffioner had a fpeech. 96 OCCURRENCES IN PARLIAMENT 1703. and the Lord Chancellour, all to be printed. The D. of Hamilton gave in an Act to be read, for recognizing the Queen's title to the Crown ; which was read, and marked A firft reading. The Parliament adjourned till Tuefday 10 a clock. Prayers faid. 2. — Tuesday, May 11. Prayers faid. Rolls called, and the E. of Home, Wigton, Aberdeen, Vif- count of Stormont, and feveral others qualified. Minutes read. The Lord Boyl's Commiffion for Treafurer Depute read. Sir John Arfkine defired he might be qualified for the Burgh of Burntilland, and allowed afterward to take himfelf to the fliire of Clackmannan, if his election controverted by the Lord Tillicoultrie be determined in Sir John's favours. The Parliament refolved to difcufs the controverfie firft, and for that effect allowed them to put their writs in the Clerk's hands. The Controverted Election in Eaft Lothian between Sir G. Suittie and young Ormfton, to be difcufled after their feing of the commiffion and papers June inde. The Commiffioners for Berwicklhire being all controverted, they are to put their writs in the Clerks hands. The controverfie for Lanerklhire took up a long time, in end agreed to read the Minutes at the election, which being read, Lamington, Jervifwood, &c. were admitted. The ParUament adjourned till Friday at 10 a clock. Prayers faid. 3. — Friday, May 14. Prayers faid. Rolls called. Several New Members brought in and ad- mitted ; Sir John Home, and Sir Robert St Clair, for Berwick fliire, upon the other contending parties yielding to them. Lord Tillicoultrie admitted for Bute, Sir John Arfkine for Burntifland, upon agreement gone throw the other controverted elections. Pollock of that ilk admitted, &c. Orders for new elections in Fife, Tuefday come 8 dayes. Parliament adjourned others till firft Sederunt of next week. 1703. AND PRIVY COUNCIL. 97 The Parliament adjourned till tomorrow at 10 a clock. Prayers faid. 4. — Saturday, May 15. Prayers faid. Rolls called. Propofed the proceeding to the confidera- tion of the Act, given in the firft day by D. Hamilton, for recognizing the Queen. It was urged, that the Houfe having refolved, at leaft acquiefced, not to proceed to bufmeis till the confideration of the Controverted Elections were difcuffed, that it would tend much to the folemnity of this Act that the Houfe were full. It was anfwered, all the Houfe had done as to the Elec- tions was to take them to confideration, which was done, and a day ap- pointed for difcuffing them, and there is no reafon the Houfe be idle in the mean time. It was moved by Sir T. B., and feconded by the D. of H., that they might proceed to this Act, provided they did not proceed to other Acts ; but it carried. To read this Act given in by the D. without fuch limi- tation ; and it being read, the Advocate gave [in an additi]on to it by way of Act, bearing, that it fliall be high treafon to quarrel or impugn Her Ma- jefty's authority, or exercife of the Government fince her entering upon it. It was lu-ged by others, to vote the Act fimply as it was brought in ; others prefled that the Advocate's words fhould be taken in. S. T. B. alledged that thereby was underftood the ratifying of the laft Parliament. Others faid, it appeared like an indemnity to the Queen, fo made a diflinction be- tween the Queen's right to exercife the Government, and all the Acts of Go- vernment. It was anfwered by the M. of Annandale, that the words were plain, and afferted in the affurance, and nothing therein relating to Acts of adminiftration ; but if any would attack the Government, they would re- ceive an anfwer. The Secretary faid, there was no fuch meaning in thefe words as was alledged. On the other hand, it was moved by M. L. Wh. that the words of the affurance might be added. L. Belh. made another mo- tion of amendment, which was faid to be the fame with the words. Then other words were moved to be added by Sir John Arflcine ; and it was vo- N 98 OCCURRENCES IN PARLIAMENT 1703. ted Whether firft or 2d additions fliould be made, but firft it was moved to delay ; fo the firft queftion was, Proceed or Delay : carried Proceed, as I reckoned, by 38 votes ; then whether Firft or 2d additions be made : carried Firft. Moved, Approve the Act or Not : carried Approve. The Parliament adjourned till Wednefday next at 10 a clock. Prayers faid The Lord Semple having been educated in the Popifh Religion, and ha- ving formerly by warrant of Council fworn the Formula, did openly again fwear it in prefence of the Parliament. 5. — Wednesday, May 19. Praiers faid. Rolls called. Minutes read. I having come home late, and next day forgotten to write here, I refer to the printed Minutes. E. of Home gave in a motion by way of Act, for a fupply, all blank in the fum and time ; Marq. of Twedale a motion as a Refolve. 6. — Friday, May 21. Praiers faid. Rolls called. Minutes read. The Controverted election of Berwickftiire called, and moved It may be delayed, in refpect that they were coming to an agreement, which was done. Petition by the L. Rofs for turning away the Highway off from his houfe at Hacket granted ; but remitted to the Commiffioners of the Shire, to fee there be another Highway. Petition from Adam Cokeburn of Ormfton for taking his Accounts as Treafurer Depute off his hands read, and to ly till the Parliament confider whether to remitt it to a Committee or to a Commiflion. i i si,-; ... . j. Moved by the Marq. of Athole, Ld. Privy Seal, That the whole Accounts in the late reign may be taken to confideration. This motion received a general applaufe, and feemed to be agreed to. Proceeded to the Controverted Election of the Shire of Air, when Sir Al. 1703. AND PRIVY COUNCIL. 99 Home of Caftleraain objected againft Dr. Dickfon whofe lady was Dunlop's relict. That he could not have a vote, feeing he had not a 40 fli. land, &c. nor was married to an heirefs. Anfwered, Hulbands of Liferenters had a vote by Act of Parliament, 1681 ; and befides, his wife had right to an expired adjudication. The Parliament found, that by the faid Act votes were al- lowed, 1 . To fuch as had a 40 s. land, or 400 pound valued rent ; 2. That by Liferenters there, are underftood Liferenters by refervation ; 3. That the Hufband of a Wife that has a freehold is he, whofe wife is alive and is an heirefs ; 4. That he has a vote after her deceafe by the courtefy : But that Dr. Dickfon was in none of thefe cafes, and as to the adjudication, when it was looked, it was found, fhe was at moft a conjunct fear. This matter voted, and carried by 1 vote in favour of Sir Al. Home : But fome of his objections againft other voters for Kilbirnie being repelled, Kilbirnie was received. Came to the Election of Dumbarton ; and Kilmaronnock, in competition with Mr James Campbell brother to Argyle, was preferred and admitted. The Parliament adjourned till Munday at 10 a clock. Praiers faid. 7. — Munday, May 24. Praiers faid. Rolls called. Minutes read. Proceeded to the Contro- verted Elections betwixt Sir George Suittie of Balgon, and young Ormfton. The Parliament having appointed Sir George Suittie to adminiculate his commiillon, by proving that Beanfton voted for him, adduced Sir G«orge Brown, who deponed affirmative. Su' Peter Wedderburn, who deponed that he had an impreilion at the election, and ever fince on his memory, that he voted for Sir G. Suittie, and thinks he did fo to the beft of his me- mory, he faid he could not be pofitive, but it is not marked. Hay of Le- them deponed, he fate at a diftance from Beanfton, and he fpoke low, but he apprehended he voted for Sir G. Suittie. The queftion was long of be- iog aggreed to ; but it was ftated and carried, That for adminiculating the 100 OCCURRENCES IN PARLIAMENT 1703. commifTion it was proven, that Beanfton had voted for Sir G. Suittie ; and Beanfton's vote was fuftained. Then was brought in Poplehall's probation of his having a 40 s. land of the 10 pound land contained in the retour produced, and it was long debated. Whether he lliould prove by the real rent of the whole, or the valued rent ; and it was carried, That he behoved to prove by the valued rent his propor- tion of the 1 pound land to give him vote. Then [a blank in the MS.] 8. — Wednesday, May 26. Praiers faid. Rolls called. Minutes read. Moved the Act [for the Gels] might receive a firft reading. Moved, They might proceed to the difcuffing the Elections that are ready. It was faid, for the firft, they were but few to go throw, there never was a thronger Parliament, and nothing eflentially wanting to it, and the offer of a cefs will have the better grace it were early made. It was anfwered, the Houfe feemed to go in or acquiefce, that the Elections fhould be firft difcuft ; but after fome debate, the bufinels of the Elections feemed to be let fall, and it was moved. That before proceeding to the Cels, the motion given in by the Marquifs of Tweddale for a Refolve of Parliament fhould be gone into. It was argued againft that, that it might be confidered afterward, and the Commiffioner afTured them they fhould have time. It was faid, they might very much rely upon the Com- miflioner's word, but what if contrary orders fliould come from Court ; it was known the Treafurer of England behoved to be confulted in our affairs before the Queen were acquainted. This was noticed by the Commiffioner ; alfo an apology made it was not meant by his Grace. The D. of Ham. had a great elogy on the Tre[afurer] of En[gland] as a very worthy perfon, that would give no ill advice to the Queen ; but ftill Engliflimen will give advice with regard to their own country. Then Salton propofed the ftate of a vote. Whether to give the Act for the Cefs a firft reading, or proceed to make Acts for the Se- curity of our Religion, Liberties, and fome added, Trade. There was long. 1703. AND PRIVY COUNCIL. 101 and tedious, and naufeous repetitions in debate, till candles were brought in, and it was moved. The debate [be] adjourned ; and a litle before 9 the Parliament was adjourned till Friday at 10 a clock. Praiers laid. 9. — Friday, May 28. Praiers faid. Rolls called. Moved, Sir Patrick Home and Sir John Swinton might be received, there having been feveral meetings and an ex- act fcrutinie by my Lord Pheldoe, Sir Gilbert Eliot, Mr. Al. Arbuthnot, and finding they were preferable to Kiramerghame and Coldinknows. It was moved by the Regifter, There was Petition againft their admiflion, by John Marjoribanks of Dodrige, which being, it was therein reprefented, that Jervifwood having made his election for Clidfdale, it was as if he were dead, in which cafe there behoved to be a new election of one in his ftead. It was alledged againft the petition, 1°. Though it was ligned by an advo- cate, yet not by the party as it ought to be ; and when there was a petition given in by Sir Th. Kilpatrick of Clofebum, againft the election of Drum- fries, it was laid afide, he not being prefent to own it. 2°. Jervifwood's election, though by moe, was controverted as well as theirs, and moe of his voters objected againft. It was alledged by Sir D. D., as a baron of that Ihire, that it was the intereft of the Barons who voted for Jervifwood to be reprefented in Parliament. It was faid, that that was an objection not made at the election, and he himfelf was not at the election. After long debate, the queftion was moved, Admitt both or No : carried, Adraitt both ; lb they were admitted and qualified. Then proceeded to the debate ad- journed laft Sederunt ; and after a conliderable debate, the Chancellour con- fented the Refolve be gone into without a vote, (a particular act being firft given in by the Marquils of Athole, Ld. Privy Seal, but not read, in purfu- ance of the Refolve,) viz. Refolved to proceed to make Act or Acts for the Securitie of our Religion, Liberty, and Trade, before proceeding to the Act of the Cefs, or any other bufinefs. Then the Act given in by the L. Privy 102 OCCURRENCES IN PARLIAMENT 1703. Seal was read, relating to the Act in 1696, about the Parliament's meeting after the Queen's deeeafe. 2. One given in by the Duke of Argyle, ratifying the firft Act of the 1 . Seff. of the laft Parliament, and all the Acts thereof. 3. One given in by Salton, of the Parliament's naming of all officers, civil and military, in cafe of the Queen's deeeafe, failing heirs of her body. 4. An Act by the E. of Rothefs, that war be not without confent of Parlia- ment, 5. One by Sir Patrick Johnfton, late Provoft of Edinburgh, about the importation of all forts of wine and liquors paying the former dues. 6. One by the E. of Marchmont, for ratifying the laws againft Poj>ery, and for the Proteftant Religion, and Prelbyterian Church Government, and particularly the Act 5 of the Seff. 1690, in all its heads, claufes, &c. The Parliament adjourned till Tuefday at 10 a clock. Praiers faid. The Earle of Roxburgh, when he obferved a great ftrugle about fuffer- ing any thing to come to a vote, faid, that 4 or 5 Officers of ftate from the Throne did hinder every thing to come to a vote. The modefteft thing could be faid was, To move to addrels the Queen. 10. — Tuesday, June 1. Praiers faid. Rolls called. Minutes read. John Cokebum, younger of Ormfton, received as commiffioner for Eaft Lothian. Several new Overtures for Acts given in : Severals by Sir Patrick Johnfton and Stoniewood, about Trade, one for a Triennial Parliament, and one againft Penfioners, &c. A Motion, by way of Act, by the E. of Strathmore, for a toleration to all Pro- teftant Diffenters in private houfes. A petition of the Commiffioners of the G. Affembly againft a Toleration, alledging, That in our circumftances the granting of it would be the eftablifliing iniquity by a law. All the Overtures allowed to be printed. ..-•w ,»..r.. . . Then proceeded to confider the motions made laft day. The E. of March- mont moved, The Act for Religion might be read, and marked A firft read- ing. There was a long debate by the D. of Hamilton, &c., that the Act 1703. AND PRIVY COUNCIL. 108 given in by the Marquifs of Athol might firft be read, which Tarbat, and his brother, and feveral others did fecond ; but in end the Duke and Athole yield the Act for the Church might be read ; and was read and marked A firft reading. Then the queftion was between the Marquifs of Athole's Act and the Duke of Argyle's : carried, The Marquifs of Athole's, under the name of Firft, by many votes. Vifc. Tarbat had oppofed the Act for the Church as being complex ; he faid none within thefe walls would be againft ratify- ing the Laws for the Proteftant Religion, but there were other things that might be brought in in a feparate Act, (meaning the Ratification of the Pref- byterian Church Government,) it would not go fo unanimoufly. Moved be the E. of Mar, and he gave in an Act, for Adjourning the Seftion, which the D. of Hamilton preffed might be read, and marked A firft reading. It was oppofed by the Lords of Seffion and Advocates Mem- bers ; and in end, it was marked a Firft reading or Not, by Not, being under- ftood. The Seffion was to lit ; carried by many votes. Not. The Parliament adjourned till Thurfday next [at] 10 a clock. Pi'aiers faid. The Petition for the Officers, moved : is to be brought in with the Act about the Cefc. Act read in favours of the Africa Company. Motions about rigging out the frigats for clearing the coafts, full of French priva- teers. 11. — Thursday, June 3. Praiers laid. Rolls called. Minutes read. Moved, the Act for a Toleration be read. Moved, the Act given in by the Duke of Argyle be read, in order to the marking of A firft reading ; which was done. Then the Act for Toleration moved again. Moved by Salton, That rather there be an Act of Comprehenfion ; fo delayed thefe till next Meeting of Parliament. The Act by the Marquifs of Athole, Lord Privy Seal, read, and marked A 1ft reading ; but exprefsly agreed not to be paft at 2d reading. 104 OCCURRENCES IN PARLIAMENT 1703. The Parliament adjourned till Munday next [at] 10 a clock. Praiers faid. The Act ratifying the Laws for the Proteftant Religion, and againft Po- pery, and fetling Prefbyterian Church Government, read a fecond time, voted and approven. 12. — MuNDAY, June 7. Praiers faid. Rolls called. Minutes of laft Sederunt read. Moved, The Act given in by D. Argyle, ratifying the firft Act of Parlia- ment 1690. turning the Meeting of Eftates into a Parliament be confidered ; and being read, agreed to the firft part, ratifying the faid Act, and declaring it treafon to quarrel or impugn the authority thereof. As to the-fecond part, D. Hamilton, Marquifs of Athole, Tarbat, his brother, Juftice Clerk, E. of Aber- deen, fpoke againft the Declaring the quarrelling or impugning, or endea- vouring to alter or innovate the Claim of Right, or any article thereof, to be treafon ; it was brought in. Declare and Statute, that it is, and fliall be, trea- fon. After long reafon, the Duke moved for a delay ; fo the queftion was Proceed or Delay : carried. Proceed be 33 votes. Then a long debate, if it fliould be, is and fhall be, or only fliall be ; and being in end ftated, fliall be, it was put to the vote. Approve or Not : carried. Approve be 70 votes or thereby. The Parliament was adjourned till Wednefday [at] 10 a clock. Prayers faid. 13. — ^Wednesday, June 9- Praiers faid. Rolls called. Minutes read. After fome petitions read, proceed to the confideration of the Act for fecuring the kingdom. Moved by M. L. Marchmont, That inftead of the Narrative, the Narrative of the Act 1696, fliould be infert. This waved and referved till the laft place. Then proceeded to confider if the Parliament fliould meet in cafe of heirs of the Queen's body, then how the meeting fliould be called, if a Parliament 1703. AND PRIVY COUNCIL. 106 or Meeting of Eftates. It was faid, a Parliament fuppofed a King ; but this Meeting was to be upon fuppofition of no King. Some moved. It fhould be the left Parliament, and fhould meet without the deiignation of a Meeting of Eftates. Moved, The words of the Ancient Cuftom, be left out, being un- certain hiftory. M. L. Fountainhall faid, That when K. Al. the 3d. died, there was a Meeting at Kinghorn, when the[y] confidered the Maid of Nor- way as the next heir, and fent Commiffioners to Norway to invite her over, and Ihe died the fame day the Commiffioners arrived there, and Scotland was 6 years without a King. My Lord Belhaven had a long difcourfe on the attempts of Union with England, both before K. James 6., and fince, and that kingdom's encroachments ever fince, and their endeavours to exalt the prerogative here, to fett up Epifcopacy to enthral us, not on a religious ac- count : He was by fome defired to print his difcourfe. Proceeded to the time of Meeting : fome thought 20 dayes too fmall a time, agreed verbally on 20 dayes, including the day of the Queen's death. The Place, fome moved for Perth, becaufe of the Caftle here ; but they feemed generally to be for Edinburgh, as moft convenient. Proceeded to the Powers, &c., as to the naming of a Succeflbr. Moved by M. L. Fountainhall, That A 2. P. 1618 was a bar to the diverting a fuc- ceflbr. It was alledged, to ftand refcinded by A. 5. Sef. 2. K. W. and Q. M. It was only refcinded in fo far as it was inconfiftent with the Proteftant Religion therein afferted and ratified. D. H. alledged, it was effectually re- fcinded by the Claim of Right, and the Meeting of Eftates, and the whole proceedings fince ; and it were dangerous to make an Act RefcifTory now, which would imply it was a flanding law till now, fo that we were all guilty . of Treafon, and needed an Indemnity. It was anfwered, the Claim of Right refcinded no Law, but only declared the Right of the Subjects ; and not- withftanding that Prelacy be declared againft in the Claim of Right, yet it was abolifhed, and all the Acts eftablifhing it refcinded by the Parliament. The Queen's Advocate gave in a draught of an Act for refclnding the faid o 106 OCCURRENCES IN PARLIAMENT 1703. Act ; which being read, moved It be marked A firft reading. This oppo- fed, and a long time debated upon till it came to the vote, Ly on the Table, oi- Mark a Firft reading, very much preffed by the E. of Leven and March- ment : carried to Ly on the Table, be about 24 votes. There was, before the Parliament proceeded to the confideration of this Act, An Overture by way of Act given in by the E. of Melvil, for expla- nation of the Affurance, expreffing the late pretended Prince of Wales, now ufurping the title of King of this Kingdom, and Her Majefty's other Realms, and owned as fuch by the French King. Another by the Marq. of Athole againft all Oathes or Declarations to be impofed, except the Oath of Alledgeance and Affurance, now appointed by Law, &c. The Parliament adjourned till Friday next at 10 a clock. Praiers faid. 14. — Friday, June 11. Praiers faid. Rolls called. Minutes read. Several petitions read ; amongft others, one for my niece, Ann Cokeburn, for receiving the Report of the Committee in Anno 1701 for making up her papers, which was ap- pointed to be done next Meeting. Then proceeded to the Controverted Election of Lithgow Ihire, and difcuffed feveral Electors of Houfton Sharp. The Parliament adjourned till Munday at 10 a clock. Praiers faid. 15. — Munday, June 14. Praiers faid. Rolls called. Minutes read. Several petitions read. Act againft Boutchers being Grafters read, and marked A firft reading. Recom- mended to the Lords of Seffion, to put prices on the Vivers and Liquors. Powry Fotheringhame's Proteftation for Remeid of Law againft the Lords of Seffion's fentence, In the Action of Recourfe, on the \Varrandice of a Dif- pofition be the Lord Gray to him, of the Rock and Caftle of Broughtie falmond fiftiing, with the Affife fifli, and other fiftiings thereunto belong- ing, upon a Declarator of Immunitie at the E. of Panrauir's inftance of 4 "03. AND PRIVY COUNCIL. lOT boats ; in which Difpofition the L. Gray warrants the two infef- abfolutely, but no Warrando expreffed as to the Affife fifh, nor no mention of the num- ber of boats out of which they are due, nor the quota out of every boat, al- beit it be alledged there was 10 boats, and 9 fifli to be payed out of every boat. The Lords found there was no recourfe of Warrandice upon fuch an Indefinite Difpofition as to the Affife fifli, and not being in the Warrandice. The caufe was debated at length, by Mr. Jo. Fergufon and Mr. Francis Grant, for Powrie ; and by Mr. Dav. Dalrymple the Q. Advocate and Mr. Dav. Forbefe, for the L. Gray. Then it was long reafoned upon by the Parliament. It was alledged, That Proteftations for the Remeid of Law, were the right of the people, but they ought not to be extended to every cafe. The D. of H. ftormed at this, and faid. This was an encroaching upon the Claim of Right. But this was denied by V. St., for it does not allow bringing of every cafe even in apicibus juris, but where palpable ini- quity ; and as the M. of An. faid, where there was enorm lefion before the Parliament, in which cafe there ought to be a Remeid of Law, and then the Judges are liable to cenfure : fo after much reafoning and altercation, moved the matter fliould come to a vote. If the Affife fifli was fo difponed as to in- fer Warrandice, or Not. Others moved the queftion fliould be Adhere or Alter. So after fome debate about thefe two flates, moved the queftion Which of thefe two fliould be the vote ; and when they were going to call the Rolls, the D. of H. faid. That the Lords of Seffion fliould not vote in this matter, being concerned to fupport their own fentence. The Prefident of the Council, and Prefident of the Seffion, and Ld. Regifter, had all good and long difcourfes. The Lords could not be hindered to vote, and that this was over ruled in the cafe of the Lady Caftlehaven, when the Lords were allowed to vote, and the M. of Ath. Ld. Pr. Seal alfo faid the fame, and that they could not be debarred to vote as Lords of Seffion, unleis they had been called as parties, or were accufed of bribery ; for as the Ordinary in the Outer Houfe, when either he is complained of or reports upon an Amand, 108 OCCURRENCES IN PARLIAMENT 1703. is allowed to vote, fo as if a queftion were about the privileges of Barons or Burrows in Parliament, they would not debar either of thefe eftates. It was laid by the E. of Rugl. If he were a L. of Seffion, he would be afha- med to vote in that matter. He was told by M. L. Anf. If he were in that noble perfon's place, he would be afhamed to fpeak fo. After a long debate the D. of H. craved a vote If the Lords fhould vote in this caufe or Not ; and when the Rolls were to be called, he moved the Lords of Seffion fliould not vote in that vote. It was anfwered, there behoved to be a vote upon that. He faid, It was moft unreafonable they fliould vote in a queftion wherein they were directly concerned. Anfwered, What if any fliould fay the D. of H. and his brother the E. of R. fliowed themfelves fo concerned in this matter, they ought not to vote, could this be determined but by a vote ? So after more jangling, and the Chancellour's appearing at length for the L. of Sef- fion voting, faying, it might prove of moft dangerous confequence not to al- low it, for they vote not here as Lords of Seffion, but as Members of Par- liament, and many now Lords of Seffion, were not on the bench the time of this fentence, nor is it known who voted for the fentence, who againft it ; at length the vote was put Whether the Lords of Seffion fliould be allowed to vote in the principal caufe or Not : carried unaniraoufly, They fliould be allowed, except the E. of Rugland and Forfar who voted No. Then the next vote was, which of the two formerly ftated fliould be the vote carried : Ad- here or Alter. Then the E. of Aberdeen and D. H. moved the Dc'. fliould be read. Anfwered, The debate by the Lawyers was heard at length, and the Members had reafoned at length, and heard the Dc'. read in the material points, and alfo the claufes of Difpofition, fo that there remained nothing now but to go to the vote, which would have been voted long ago, unlefe there had been another ftate of the vote offered, and the debate about the Lords of Seffion's voting had not fallen in ; but becaufe it was now upon the ftroke of 10 a clock at night, and that the Members for the moft part were withdrawn, moved and agreed to. That the voting be delayed till next Se- 170S. AND PRIVY COUNCIL. 109 derunt, and that then it fhould be proceeded to without any further debate, or any other bulinels intervening. So, becaufe the Houfe is to be put in or- der, the Parliament was adjourned till Thurfday next at 10 a clock. Praiers faid. 16. — Thuksday, June 17. Praiers laid. Rolls called. Minutes read. Some petitions read. Pro- ceeded to the Election of Linlithgowfhire ; after having Voted the buffi- nefe of Powrie, c. the L. Gray ; wherein the queftion being ftated. Adhere or Alter : carried Adhere to the Lords' fentence. And the Parliament having difcuffed feveral Electors of Houfton Sharp, and caften them. Adjourned till Saturday next at 10 a clock. 17. — Saturday, June 19. Prayers faid. Rolls called. Minutes read. Moved by the E. of March- mont. That the Minutes 12. day might be amended as to the Claim of Right, viz. To Quarrel, Impugn, or Endeavour to Innovate or Alter, the word Endeavour, which is in the Act, being left out of the Minutes : and the E. of Aberdeen, &c. oppofing it, it was at length agreed the amendment fhould be mentioned of this daye's date. Proceeded to the Electors of Linlithgow, and propofed to proceed to public bufinels next week, particularly to the Act for fecuring the king- dom. The Parliament adjourned till Tuefday next at 10 a clock. Praiers faid. 18. — Tuesday, June 22. Praiers laid. Rolls called. Minutes read. Given in by the Marq. of Montrofe, a Draught of an Act for fecurity of the kingdom ; two by the Ld. Advocate, a long one and a Ihort one to the fame purpofe ; one by Salton, containing 12 limitations upon the fuccelTpr. After long altercation, Agreed no OCCURRENCES IN PARLIAMENT 1703. thefe four be allowed to be printed by the Sollicitour, and given to the Mem- bers of Parliament againft next Sederunt. Several draughts of Acts and Commiffions read. At length with much adoe obtained the Report of Ann Cokeburn's bufinefs to be read, and the Act thereupon got a firft reading. 19. — Thursday, June 24. Praiers faid. Rolls called. Minutes read. In the Controverted Elec- tions of Linlithgowfhire, after a debate of Lawers and Advifing, Sharp of Houfton was preferred to Lieutenant Gen. Ramfay, and admitted. 20. — Saturday, June 26. . Praiers faid. Rolls called. Minutes read. A complaint made of En- fign Seton, Paymafter to the Army, for having quarrell with Sir Ro'. Dick- fon and [David Sutherland] for voting againft the L. Gren. Ramfay ; and Seton ordained to be cited againft the next Sederunt. Proceeded to conlider the Election of James Sinclair of Stempfter for the Shire of Caithnefs, and the objection againft it. That he was not appearand heir, nor infeft, &c. in the terms of the Act of Parliament, 1681 ; and by a vote, his Election was rejected. Then proceeded to the Controverted Elec- tion of Orkney, but I came out. 21. — Tuesday, June 29. Praiers faid. Rolls called. Minutes read. The E. of Errol, Lord High Conftable, acquainted the Houfe, That on Saturday, after the Parliament rofe, being acquainted that a fcuffle had fallen out in the Houfe, between the Lord Belhaven, and Sir Al. Oglevie of Forgland, he conceived it his duty to put them both under arreft, for keeping the peace, and to acquaint the Parliament now with what he had done. Moved by the D. of H. and many others. That they fliould take their hximble acknowledgements, and receive 1703. AND PRIVY COUNCIL. Ill them again to the Houfe. The Marq. of Annandale moved, That they ha- ving committed an inlult on the Queen's Commiffioner and the Parliament it could not be fo eafily pall, and whatever the Parliament inclined to do, the Queen's intereft behoved to be falved. The L. Commiffioner faid, he had a great honour for both parties, and the Parliament might do what they pleafed, but having acquainted the Queen, he could do nothing till flie fig- nified her pleafure. There was feveral for this ; but in end, refolved to de- lay until the parties gave in their petitions. Enlign Seton, being cited, and called, he compeared, and Mr. Will. John- fton and another witnels being examined de placito, the laft deponed, Heard not what the Enfign faid to Sir Ro . Dickfon ; the other. That he heard him fay, you was non liquet. Sir Ro'. anfwered, he was not there, being unwell of a pain in his ftoraak, fo the probation failing, the Enfign was difmilTed. The Parliament adjourned till tomorrow at 10 a clock. Praiers laid. 22. — Wednesday, June 30. Praiers faid. Rolls called. Minutes read. The Lord Belhaven and Sir Al. Oglevie of Forgland, gave in a petition figned by them, acknowledging Ibme unbecoming expreffions had by them, and indecent behaviour, and de- claring their grief for the fame, and intreating Her Majefty's Commiffioner and the Court of Parliament would accept of their fubmiffion, and repone them to their places. This being urged by feverals, the Commiffioner faid. That feing it appeared the mind of the Parliament to pafs by that, he was likewife willing to accept of their fubmiffion. So the parties, being ftill under arreft, were fent for, and told their petition was read, and inquired if they did acknowledge their fault. The L. B. faid, he did in the terms of his peti- tion ; and Forgl. faid, he was forry for what had happened, craved pardon, and promifed not to fall in the lyke, fo they were allowed to go to their feats. Moved to proceed to the Act for Security ; but by others. That it being now late, that they could not get throw it, that it fliould be delayed till next 112 OCCURRENCES IN PARLIAMENT 1703. Meeting, and now proceed to private bufinefi. So moved by Sir J. H., To give Ann Cokebum's Act a 2d reading, feconded hy the E. of Marchmont, Sir J. Arfk., the E. of Home, Sir Gilbert Eliot, and after fome ftruggle it was read. The Advocate, Juftice Clerk, and E. of Aberdeen feemed to oppofe its being excepted out of the Act Salvo ; but the E. of Home having worthily declared. That he being the only perfon concerned, he knew the truth of that right and confented, it was put to the vote and approven nemine contradi- cente. Then proceeded to the Act reftricting the Acts againft Leefing making to an arbitrary punifhment ; and the Acts to be reftricted were read, and the Act read and approven. A motion for cenfuring a Book lately come out in England, called Hif- toria Anglo-Scotica, publifhed by John Drake, M.D, dedicated to Sir Ed- ward Seymour, and containing feveral injurious and falfe reflections on the Soveraigntie and Independency of the Crown of Scotland, fome of which were read. Moved It might be burnt by [the] hangman, which was order- ed to be done tomorrow at 11 and the Magiftrates to fee the fentence put in execution. Moved An Addrefs be made to the Queen founded on her letter to this Parliament, that the authors of this and fuch books be puniflied ; but no- thing refolved as to this. The Parliament adjourned till tomorrow at 10 a clock. Praiers laid. 23 — Thursday, July 1. Praiers faid. Rolls called. Minutes read. Moved, To proceed to the Confideration of the Act for Security of the Kingdom, which has had a 1ft reading. Moved by the Laird of Salton, That they fhould firft confider the limitations to be put on the next Succeflbr, as more neceffary than any other thing. E. of Marchmont had a long difcourfe of the feafonablenefs now of fuch Limitations, and the need of them, feconded by the D. of Hamilton, E. 1703. AND PRIVY COUNCIL. 118 of Buchan, &c, Propofed by others, To proceed to the reading the Act § by §. This debate took up about 3 houres, about ftating a vote ; in end, it was agreed without a vote To proceed to the reading the Act, and the preface of it was read. And then the Parliament was adjourned till tomorrow at 10 a clock. Prayers faid. 24 — Friday, July 2. Praiers faid. Rolls called. Minutes read. Proceeded to the Conlider- ation of the Act for Security of the Kingdom. Moved by the E. of Lau- derdale, That the Parliament fliould confider, in the firft place, where the Government fhall be lodged, from the Queen or her fucceflbr's death till the Meeting of the Eftates ; this feconded by the E. of Marchmont, D. of Hamilton, L. Belhaven, &c. Anfwered, The great bufinefs was the fettling the Meeting of the Eftates ; and what Ihall be agreed as to the Government in the interim, may come in in a claufe afterward. After feveral houres de- bate, wherin feveral declared they thought it indifferent whether it be now fpoken to or afterward, it was voted. Whether or Meeting of Eftates : carried. Meeting of Eftates, be 31 votes, or thereby. Then proceeded to the fettling the Meeting of Eftates in all events, and adjourned the debate till next Meeting of Parliament ; and the Chancel- lour, by My Ld. Commiffioner's order, adjourned the Parliament till Mun- day next at 10 a clock. Praiers faid. 25. — MuNDAY, July 5. Praiers [faid.] Rolls called. Minutes read. And an amendment made on the Minutes as to proceeding to the powers of the Meeting of the Eftates in the event of the Act under confideration. Then proceeded, and [a claufe added] That none who has been, is, or ftiall be Papift the time of the Queen's death, or other events, and has not taken the Formula, be admitted a Member of that meeting. Moved, That no Proteftant be admitted by p 114 OCCURRENCES IN PARLIAMENT 1703. election, who, having before that event been named for Juftice of Peace, or Comraiffioner of Supply, hath not qualified himfelf before the event : This delayed. Then moved, by the Marquifs of Twedale, That no Englifhman, that is a peer of Scotland, and has not an eftate in Scotland, be then allow- ed to fit in that Meeting : This delayed till next Meeting, after long de- bate. Moved by the Laird of Salton, That all Members of the faid Meet- ing be obliged to own the Claim of Right, and to adhere to the Proteftant Religion. This much oppofed by the Marquifs of Athole, as being againft all multiplying of oaths ; but he was allowed to bring in his Overture next Sederunt. The Parliament adjourned till tomorrow at 10 a clock. Prayers faid. 26. — Tuesday, July 6. Praiers faid. Rolls called. Minutes read. Proceeded to the Act for Security of the Kingdom ; and to the Motion excluding Englifhmen and ftrangers, that are noblemen of Scotland, from fitting in that Meeting of the Eftates ; this much debated and oppoled, but being put to the vote, was carried by 17 votes. Then Salton gave in an Oath to be taken by the Mem- bers of that Meeting, To maintain and defend the Proteftant Religion, con- tained in the Scriptures of the Old and New Teftament, as the only rule of faith, and to maintain and defend the Claim of Right. This reafoned, and many appeared againft it ; and then it came to the vote. Proceed or Delay. The Court party, which appeared at firft for a Delay, perceiving the pulfe of the Houfe, urged for proceeding ; and being voted, it carryed Proceed. •Then they proceeded and reafoned further upon it, and a vote moved, Ap- prove the Oath, (this amendment being made. The Proteftant Religion now profefled in this land) ; and it being late, moved. The debate be adjourned till next Meeting of Parliament. It was alledged, this was againft the vote of proceeding. It was anfwered, they had made fome progrefs in debating, though not yet ripe for a vote. The L. Regifter moft happily moved. To 1703. AND PRIVY COUNCIL. 115 delay the confideration of the Oath till all the articles of the Act were gone throw ; which was gone into. v The Parliament adjourned till tomorrow at 10 a clock. Prayers laid. Several Proteftations to be found in the Minutes. 27. — Wednesday, July 7. Praiers faid. Rolls called. Minutes read. Proceeded to the Act, and moved, That now they fhould go to the Limitations of the Succeflbr ; and carried to go to them. The E. of Rothefe gave in the motion for an Act formerly given in by him, to be added as a claufe to this Act, concerning the putting the power of peace and war in the hands of the Parliament. Salton had a long harangue, perfwading to the making of this law. The D. of H. had another, inftanceing, how in Edward the S*". of England's time, he being likewife King of France, a law was made to the fame pur- pofe. Several others difcourfed to the fame purpofe ; others oppofed the bringing it into this Act. The Commiffioner faid, he was ready to confent to any thing for the good of the Nation that the Queen had under her view when he came from her ; but as to this, he thought it was not then under her confideration. Salton had faid, that our Kings, fince the Union of the Crowns, were under the influence of Englifh couufells, and it appeared to be fo from what the Commiffioner had fpoke. Upon this, thofe about the Throne got up and faid he deferved to be cenfured ; others cried To the Bar. The D. of H. and a great many cried. What ! was this the liberty of Parliament ? Had not Members freedom to fpeak out ? So there was a great hubbub for fome time ; then, when the Houfe was calmed, proceeded in the debate, till it was moved to put it to the quefl;ion. Add the claufe or Not. Others fitted the vote. If any Limitations Ihould be brought into this Act or Not. So, the firft queft;ion was. Which of thefe two Ihould be the queft;ion, 1ft or 2d ; and carried 2d : and then the quefl;ion was moved. If any limita- tions fliould be brought into this Act or Not : carried Not. lie OCCURRENCES IN PARLIAMENT 1703. The Parliament adjourned till Friday next at 10 a clock. Praiers faid. • 28. — Friday, July 9- Praiers faid. Rolls called. Minutes of the laft and former Sedenmt read, and feveral perfons' names added, who adhered to the Proteftationa taken. Moved by the E. of Marchmont, That the Houfe fhould refolve, after the ending this Act, to proceed upon the Act about Peace and War, rejected to be put into this Act. Anfwered, they Ihould proceed now to the Act, and after it was over they might proceed to what they pleafed, and it were contrary to a former Refolve to enter upon any bulinefe before ending of this Act ; and befides, it were contrary to a former Refolve to bring in any thing after this Act, before the difcuffing the Controverted Elections. Moved, That the faid Act of Peace and War come in after the Elections. Moved by the Juftice Clerk, It ftiould be remitted to the Meet- ing of Eftates. Moved by the Vif. Stairs, That the vote fliould be, If it fhould come in this Seffion of Parliament : by the Regifter, That it fhould come in before the Act for the Supply : by the Marquifi of Annandale, That nothing fliould interveen before ending the Act they are now upon. There was great altercation, till at laft the queftion came, Which of thefe fliould be the vote, viz. Refolve or Not, Proceed in the Act before enter- ing the Refolve or Not, 1ft or 2d : carried 1ft. Then voted, Refolve or Not : carried Refolve be 41 votes, as I reckoned. Then proceeded in the Act to the Age of the Succeflbr's entering on the adrainiftration, 17 or 21 : carried 17. The Parliament adjourned till Munday at 10 a clock. Praiers faid. 29. — MuNDAY, July 12. Praiers faid. Rolls called. Minutes read. The Lord Blantyre received and qualified. Proceeded in the Act. Agreed after long debate. That the faid Meeting of Eftates have power of Nominating (which word was oppo- fed by Tarbat, &c.) and declaring the Succeflbr. • 703. AND PRIVY COUNCIL. 117 The Parliament adjourned till Wednefday at 10 a clock. Praiers faid. 30. — Wednesday, July 14. Praiers faid. Rolls called. Minutes read. Proceeded in the Act : And after debate, Whether the faid Meeting fliould have power to order the fuc- ceffion : and it being rejected, the claufe was moved to be, To nominate the fucceffor and the heirs of his body, and no further ; but that was let fall, feing they could not proceed any further by the power given. Then moved, The SuccefTor to be nominate be of the royal line. This oppofed by Salton ; but aggreed to, and that he fliould be of the Proteftant religion. Some moved. That the word True be added ; others, That he fliould be of the Reli- gion profefled in this Kingdom ; others, That he fhould be of the Com- munion of this church ; others, that we fliould reft on the Coronation Oath : fo the queftion was put. Add that claufe or Reft on the Coronation Oath : voted and carried. Reft on the Coronation Oath. The Parliament adjourned till Friday next 10 a clock. Prayers faid. 31. — Friday, July 16. Praiers faid. Rolls called. Minutes read. Proceeded in the Act for Security. Read over the whole, fo far as agreed to. The E. of Roxburgh gave in a furder claufe to be added to the Act, Providing allwife that the fame be not the Succeflbr to the Crown of England, unlefs that in this Sef- fion of Parliament there be fuch condition of government fettled and enact- ed as may fecure the honour and independency of the Crown of this king- dom, the freedom, frequency, and power of the Parliament, and the reli- gion, liberty, and trade of the Nation, from the Englifti or any forreign in- fluence. This being feveral times read over, it was alledged, To add this claufe were in eflfect to act contrary to a vote, that no Limitations on the Succeflbr fliould be brought into this Act. It was anfwered, This was a Limi- tation on the Meeting of the Eftates, not on the Succeflbr ; and feing the Par- 118 OCCURRENCES IN PARLIAMENT 1703. liament thought fitt not to limit the Succeffor, it was not incongruous to le- cure againft an Englifh fucceflbr, in cafe there be no Limitations this Par- liament. It was faid, this were to bind up another Parliament or Meeting of Eftates from Limitations. And it was moved, That thefe words be add- ed, Or any other Seffion of this Parliament, or any other Parliament, or the Meeting of Eftates. The E. of Marchmont moved, in like terms with this addition. That the limitations of other Parliaments, or Meeting of Eft;ates, be conliftent with thefe to be made now, and the Claim of Right. The Mar- quils of Atholl declared himfelf for Limitations. After long debate, moved, Add the claufe or Not ; others. Proceed to the coniideration of the claufe ; and being put to the vote, carryed (as I counted, by 17, the clerks marked only 7,) Proceed. So moved it might be voted. Add the claufe. Others faid, the vote was only to proceed to the coniideration of it ; and after fome dif- courfe upon the claufe, additions from other draughts, as the Advocate's, E. of Marchmont's, moved to be added. Salton moved. It might be put to the vote. Add the claufe or Not ; and as he was fpeaking, the Chancellor told it was late, and therefore the Commiffioner adjourned the Parliament till Tuefday at 10 a clock. Then there was a great cry and hubbub, the Pri- vilege of Parliament and Claim of Right was encroached upon ; and the D. of Hamilton, the E. of Rothels, Marquifs of Tweddal, &c., took a Proteft thereon, and many adhered, and laid they would addrefs the Queen ; and the Houfe being called, praiers were faid, and the D. of H. faid they would lit ftill and draw their Addrels ; but afterward, on fecond thoughts, when the Commiffioner was come out they came out, and went to Pat. Steil's. 32. — Tuesday, July 20. Praiers laid. Rolls called. Minutes read. IVIoved, That the Protellation made laft night upon the Irregular Adjournment be infert in the Minutes. The Chancellour faid. There was no intention thereby to incroach upon the Privileges of the Houfe, but it being paft 8 a clock, many of the members noS. AND PRIVY COUNCIL. 119 out, many weary and calling for a Delay, it was thought fitt to adjourn, not to hinder the Debate, but in order to its being reaffumed this day. It was laid on the other hand. They intended nothing by the Proteftation, but to preferve the Privileges of the Houfe, and they were content to make no more adoe, if their Proteftation were marked. So feveral difcourfes were to this purpofe on either fide, and feveral motions for accommodation ; but none were agreed to for a long time. Some had defired their Proteftation ftiould be in the laft dayes Minutes ; but this was faid could not be, being after the Adjournment ; others moved. They might be marked in this dayes Minutes. Salton drew a Proteftation, That the adjourned laft Sederunt was illegal, and craved it might be marked ; and in cafe it were not marked, protefted. That that was an encroachment on the libertie of the Parliament. So it came to be moved by fome, the queftion might be. If the Proteftation was Legal or Not ; by others. If the Adjournment was Legal or Not. But thefe votes were oppofed by others, feing, cuilihet licet proteftare, and it wanted prefident not to mark a Proteftation ; and if it was unwarrantable, the ingiver was liable to the cenfure of the Houfe. My Ld. Phefdoe had made a motion, and which was backed by my Ld. Fountainball, which was at firft neglected ; but when it grew late was again moved by M. L. Fountainball, and acquiefced to by the Houfe, as will be found in terminis in the printed Minutes. The Parliament adjourned till tomorrow at 10 a clock. Praiers faid. The motion was happy, and prevented the ill confequences of a vote, what- ever had been carry ed. 33. — ^Wednesday, July 21. Praiers laid. Rolls called. Minutes read. Proceeded in confideration of. the Act, having read over fo far as was aggreed to. Then proceeded to the confideration of the E. of Roxburgh's claufe ; and the Q. Advocate gave in a claufe. That the fucceflbrs to the Crown of England be not nominate King or Queen of Scotland, unlefs there be a Communication of trade with 120 OCCURRENCES IN PARLIAMENT 1703. England aggreed to. Freedom of navigation, and Trading with their plan- tations, &c,, as fliall be fatiffying at the fight of the Parliament of Scotland. This was alledged to be given to divert the other ; and after long debate, till after 10, moved, That both fliould be put together ; and moved, The queftion be Both or No. Others moved To delay, and that the queftion be Proceed or Delay. So the queftion was ftated. Which of thefe fliould be the queftion, 1ft or 2d : carried be 3 the 2d. Then voted, Proceed or Delay : carried, Delay. But in the midft of the queftion, the L. Advocate fitting at the Clerk's table, Sir Thomas Burnet moved. He fliould go to the throne to his feat ; and after fome talk he went. Then the E. of Morton moved. That the orders of the Houfe be obferved as to fitting on the throne ; and he faid, he faw his own brother fitting there, he defired he might go to another feat ; which he and Mr. Francis Montgomery did. Then the Commiffioner defired others alfo might be removed from the throne, who had not privi- lege to fit there. Salton fitting there faid, he thought he was meant there- by, but, there having been a change in the form of the Houfe, he knew not where to fit, and having fitten there fince the beginning of the Parliament, he would not remove without a vote of the Houfe. Some moved To delay that debate till next Sederunt ; but the Commiffioner urged the E. of Marlchall might prefently obey the orders. Then he defired Salton to remove, which he did. Sir Thom. Burnet began to fpeak, and faid, feing Salton had obeyed My Lord Commiffioner and the E. of Marfchall's orders, (No, faid Salton, the E. of Marfchall's only,) that the Commiffioners from Edinburgh fliould not have the privilege of chairs in the area. Some moved To proceed to the Regulations of the Houfe ; voted. Whether to proceed to the Regulations of the Houfe or To the Act : carried, To the Act. So proceeded as faid. Praiers faid. ParUament adjourned till Friday at 10 a clock. 34. — Friday, July 23. Praiers faid. Rolls called. Minutes read. The E. of Roxburgh gave jn his claufe, with addition of the Advocate's claufe, and leaving out the W03. AND PRIVY COUNCIL. 121 ward Independency. The Advocate gave in his claufe, with addition of the E. of Roxburgh's claufe, with feme alterations of words, and this varia- tion in the matter, " Unlels there be fuch conditions of government made in this or any other Seffion of this or any other Parliament during the Queen's reign, or in the Meeting of Eftates." So it was reafoned prettie calmly a long time Which of the claules ; and it was alledged they were all one. Moved then. That the vote fliould be, Add the E. of Roxburgh's claufe or Not ; others, Add the Advocate's. So the Houfe fell in jangling which of the two flioidd be the vote, till D. Ham. moved. Proceed or Delay. Some laid, it was not fitt now to delay, after the Houfe had been three days in confideration of the Claufe. Others faid, no wonder they proceeded flowly, when they mett not till 4 a clock. The Chancellour faid, they could not meet fooner, becaufe of the fitting of the Seffion. The E. of Marchmont moved The adjourning of the Seffion. D. Hamilton and feverals others Seconded that motion, and fo there was a ftir about that ; and when it was let fall, they returned to What fliall be the vote. Some moved, Proceed or Delay. Moved by the Chancellour, That fliould be the previous vote ; and if it carried Proceed, then immediately to proceed to the other two Which of them ihould be the vote. This, after fome debate, acquiefced to ; and carried Delay. The Parliament adjourned till Munday at 10 a clock. Praiers faid. 35. — Munday, July 26. Praiers faid. Rolls called. Minutes read. Proceeded to the confidera- tion of the Claufes given in by the E. of Roxburgh and by the L. Advocate. Voted, Which of them to be confidered : carried the Firft, which confiftied of two claufes ; one general, acquiefced to, with an Amendment (which with- out a vote was acquiefced to) ; the other, in particular, as to Trade, and without much reafoning, was voted and carried be about 70 votes. This all the Jacobites went in to but the E. of Kincarden and the Marquifs of Q 122 OCCURRENCES IN PARLIAMENT 1703. Annandale protefted againft ; as alfo adhered the E. of Marchmont, Sir Gil- bert Eliot, Dowglafs of Cavers, Sir Patrick Johnfton, &c. 36. — ^Wednesday, July 28. Praiers faid. Rolls called. Minutes read, in which the Marquifs of An- nandale's Proteft was infert at length, bearing to be. That it fliould be but prejudice to a fucceffor of the Proteftant line, and to any fucceeding Seffion of Parliament, or the Meeting of Eftates, &c. This was taken notice of, as amplified beyond what was faid, and as contrary to a vote of Parliament. To this purpofe fpoke Salton, Belhaven, Sir Th. Burnet, D. Ham. Belha- ven moved The Delaying to infert it in the Minutes. The Marquifs of An- nandale faid, it was in the very words he had given it in ; and then he laid he would give it in in writing. The D. of Argyle, E. of Crawford, Sir Gil- bert Eliot, Cavers, &c., adhered to it. The E. of Marchmont faid. If that part of it relating to the firfl part of the Claufe, which was acquiefced to before the Proteftation was made, had been left out, and the other part, as to the laft Member, had received a fmall amendment, he would have adhe- red to it, and he believes a great many more. However, as it was, the E. of Melvil and Leven alfo adhered to it. Some were for inferting it in ge- neral terras. The L. Advocate faid. That a proteftation was properly a diffent, and the proteftation the taking of witnefles thereof and inftruments that the diffenter Ihould not be efteemed a confenter. Vifc. Tarbat cited a printed Act, bearing the Laird of Tillibarden to have protefted in name of the Barons, after palling of an Act. After a ftrugle of feveral houres, it was Agreed, that the Proteftation be marked in the Minutes in general terms. Then proceeded in the Act, That the meeting of Eftates fliould not after their meeting for fome time name a Succeflbr ; the Claufe moved. Not for 10 dayes, others not for 15, others not for 20, others not for 30, others not for 60. So it was moved The vote fliould be 20 or 30 ; others that it fhould be 30 or 60. Then the vote was Firft or Second : carried Firft. 170S. , AND PRIVY COUNCIL. 123 Then the vote Hated 20 or 30 dayes : carried 20. Then moved, If there Ihould be a time betwixt and which they fliould Name a Suceeffor ; but this not determined. The Parliament adjourned till Friday next at 10 a clock. Praiers faid. 37. — Fkiday, July 30. Praiers faid. Rolls called. Minutes read. The Chancellour told the Parlia- ment he had fomething to propofe that was not to the purpofe of the Act, but would take up but a little time and required difpatcb, which was an Addrefs of the Commiffion of the General Aflembly, with the reafons of a Faft, that the Parliament might interpofe their civil authority. The Act of the Commif- fion, containing the reafons of the Faft, with the day blank, was read, and Sir David Cunninghame appeared againft it, and faid, they had already ap- pointed the day, he knew not how far their intriniick power carried them, &c. The E. of Abardene, Mr. Ro . Frazer alfo, and (I thought) Sir Pa- trick Home. The L. Advocate took the defence of it. The E. of March- mont was for paffing an Act ; others thought an Ordinance of Parliament fufficient. Agreed in end, that it pafs as an Ordinance ; fome was for re- mitting it to the Council. Then proceeded to the Act, In whofe hands the Government fliould be till the Eftates fliould meet. Some were for the Council ; but this was much oppofed, as moft dangerous, feing by the Englifli influence, the Queen might nominate Engliflimen, or fuch as fliould eafily be influenced. Others were for fuch of the Eftates as fliould meet, being 9 of every Eftate ; but this was oppofed as uncertain who they fliould be. Others were for the Council, in conjunction with fuch of the Eftates as fliould come in. The vote ftated. The Council or the Eftates. Others ftated. The Council in conjimction with the Eftates, or The Eftates alone. Voted, Which of the two fliould be the vote, 1ft or 2d : carried the 2d by the Chancellour's vote. Then the 2d being put to the vote : carried, the Council in conjunction with the Eft^ates, be 2. 124, OCCURRENCES IN PARLIAMENT 1703. The Parliament adjourned till Munday at 10 a clock. Prayers faid. Some other matters and proteftations to be feen in the Minutes. S8. — MuNDAy, Aug. 2. Praiers faid. Rolls called. Minutes read, and the Proteftation by Wat- fon of Eithernie to be amended againft next Sederunt. The Comraiflioner told the Parliament, that by reafon of the Convention of Burrows at Glafgow, there were feveral members abfent, and the Parlia- ment was now upon great and weighty affairs, fo that he wifht the Parlia- ment as full as might be ; therefore he in the Queen's name adjourned the Parliament till Saturday next at 10 a clock. Prayers faid. 39- — Saturday, Aug. 7- Praiers faid. Rolls called. Minutes read. There was a confiderable time fpent in adjufting the Claufe to the laft vote ; and indeed it is adjuft- ed in other terms then appears by the vote, as will be feen by the words thereof to be put in the Minutes, viz. Minutes, Friday, July 30. Then a claufe was given in by George Home of Whytfurd, and afterwards by Sir Patrick Home, That none having commifTions during pleafure, fuch as Offi- cers of State, Prefident of the Council, Commiffioners of Treafury or Ex- checker, and all other commiffions during pleafure, to ceafe by the Queen's death, except commiffions to Sherriffs and Stewartries. Moved, This claufe be added. Others, That Officers of State their commiffions ceafe, then that this be the vote. So voted Which of the two fhould be the vote, 1ft or 2d ; and carried 1ft be 14 votes. Then voted. Add the claufe or Not : carried Add by a great plurality. The Parliament adjourned till Tuefday next at 10 a clock. Praiers faid. Salton began Difcourfe this day with a complaint of the delayes, the de- fign whereof was to make Parliaments burdenforae. Seconded by the D. of Hamilton. 1703. AND PRIVY COUNCIL. 1S5 40. — Tuesday, Aug. 10. Praiers faid. Rolls called. Minutes read. Proceeded in the Act for Security, as will be found in the Minutes, which I forgott to fet down in due time. Parliament adjourned till tomorrow at 10 a clock. Prayers faid. 41. — Wednesday, Aug. 11. Praiers laid. Rolls called. Minutes read. A complaint exhibite firft by word, then in writing, [by her Majefty's Advocate] againft the Lord Blantyre, That having this morning come to his lordfliip's lodgings, he did in prefence of feveral perfonsafk the Advocate If his lordfhip had difchar- ged or advifed the Baillie of Leith to deny Blantyre as Admiral-depute, (put in by the D. of Lennox,) their Tolbuith to hold his court in. The Ad- vocate anfwered, whatever was in that, he thought the D. of Lennox having been fo long out of poffeffion, and the late King and the now Queen having been in pofleffion, the Duke might have made a leg to the Queen before he had granted any commiflions to inferiour oflBcers ; and that he had letters from the D. of Queenfberry, as fecretary, and the Earl of Seafield, when he was fecretary, bearing, that the D. of Lennox had promifed to the Queen not to put in any officers till he acquainted her Majeftie. Blantyre faid the D. of Queenfberry was a bafe and impudent liar. The Advocate anfwered, thofe were high words of the Queen's commiffioner. He replyed, he faid it not of the Queen's commiffioner, but of the D. of Queenfberrie. The Ad- vocate faid, that being faid in his prefence in the ftation he was in, he re- quired the perfons prefent witnefs, (being Mr. Rob'. Forbefs, James Gra- hame Advocate, and Hugh Cunninghame,) and told he behoved to [have it] reprefented, and that Blantyre repete the fame over again. Blantyre being out of the Houfe, it was moved He fhould be fent to prifon. Every one that ipoke, fpoke with deteftatiou of the words ; but it was alledged. 126 OCCURRENCES IN PARLIAMENT 1703. that by the Act for Perfonal Liberty, he might find bail ; it was alledged that the [words] reflected on the Queen, and of a very high nature. The E. of Lauderdale called it treafon, but none did fecond that ; all faid it was Injuria atrociffima. Some moved, the vote might be Allow him to find bail, or Send him firft to prifon ; others. Send him to prifon, unlefs he find bail. In the mean time he came in, and at firft, offered Swinton and Jer- vifwood bail for him ; but afterwards, by advice of the Prefident and his other friends, he offered to put himfelf in the Lord Conftable's hands ; whereupon the Conftable put him under arreft in his own chamber. Then the Parliament proceeded to the Act, and fetled the Claufe about the officers of the army ; and came to the laft claufe refcilTory, and the quef- tion moved To refcind the Act 2, 1681 anent the fucceffion to the Crown. Some thought it fufficient to have it refcinded in general, under the claufe " refcinding all Acts contrary to this Act." Others moved The vote might be refcind it Jimpliciter, or in fo far as inconfiftent with this Act. At length moved by My Lord Whytelaw, The vote might be Refcind it Ex- prefsly or in General ; and the vote being put, it was equal, and the Chan- cellour did caft it, and voted Generally. Some alledge the votes were not right marked, and moved it might be voted over again ; but that was let fall. Moved To proceed in the Act to vote the whole ; but it was voted Pro- ceed or Delay : carried Delay. The Parliament adjourned till Friday next at 10 a clock. Prayers faid. 42. — Friday, Aug. 13. Praiers faid. Rolls called. Minutes read. A Claufe moved to be add- ed. That it was hereby declared, that the Lords of Seffion and Commiffi- oners of Jufticiary continue ad vitam vel ad culpam ; but let fall, the Chancellour and Advocate not being favourable to it. Then proceeded and voted the whole Act, after it was twice read over, and it was approven be about 59 or 60 votes, and many non liquet^. nos. AND PRIVY COUNCIL. 127 Then fell on the Lord Blantyre's bufinefs ; and the matter being adjuft- ed, and he having given in a petition, acknowledging his undecent and un- becoming expreffions, and craving pardon of the Commiflioner and Houfe, and fubmitting to their further cenfure ; they ordered him to be called in, and on his knee to crave pardon, and fined him in 5000 pound Scots, to be granted band for, before his liberation ; and he being come in, and the fen- tence intimate, the Commiflioner difpenfed with the knee, and he craved pardon. The Parliament adjourned till Munday at 10 a clock. Praiers faid. 43 — ^MuNUAY, Aug. 16. Praiers faid. Rolls called. Minutes read. Moved To read the Act for Peace and War, that it may have A firft reading, and nothing to be faid to it. But this being alledged to be contrary to the Refolve, it was let fall. Then the Controverted Election of Orkney, between Eaglefhaw and Break- nels called, and Advocates heard ; and the debate being let fall, Eaglefhaw was admitted. Then called the Controverted Election for the town of Hadington, between Proveft M°Calla and Edgar, late proved ; and, after fome debate, Proveft Edgar was admitted, by the vote of the Houfe. The Parliament adjourned till tomorrow at 10 a clock. Praiers faid. 44 Tuesday, Aug. 17. Praiers faid. Rolls called. Minutes read. Mr. Ofwald received Com- miflioner for Kircaldie, without oppofition of his competitor, Mr Bofwall, who has withdrawn his coramiflion, for whom the E. of Leven had appear- ed very much. The debate of the Controverted Election for Arbroth was heard, and the queftion was Receive or Remitt. Hutchifon carried Receive. His competitor was Proveft Steven. The Act about Peace and War received A firft reading, and fo marked. The Parliament adjourned till tomorrow at 10 a clock. Prayers faid. 128 OCCURRENCES IN PARLIAMENT 1703. 45. — ^Wednesday, Aug. 18. Praiers faid. Rolls called. Mmutes read. Moved The reading a Petition for an Englifliman imprifoned by my Lord Advocate's order ; but few or none having gotten copies, not the Chancellour, it was let fall. Proceeded to the confideration of the Overture for Peace and War. The Houfe feemed to acquiefce to leave out the Narrative, and to the ftatutory part a Claufe propofed to be added, Declaring it to be lawfull to proclaim war, in cafe of inteftine commotion or invafion, againft the invaders and thofe who gave them commiffion ; this by Sir J. Arfkine. Then moved by D. of Ham., To keep the Narrative. The queftion put. Proceed to the con- fideration of the Narrative or of the Claufe : carried. To the claufe be 29. Then it was acquiefced the Claufe fhould be added. Agreed as to the ma- king of War, Not to be without confent of Parliament : But as to Peace, and entering into Treaties for it, it was alledged to be unpracticable ; and, on the other fide, that if it were not fo, there might be alliances or treaties of peace, wherein there might be an article for a league oflfenfive and de- fenfive, which would enervate this Act. The cafe being difficult and mo- mentous, moved The debate might be adjourned ; which all went in to, and the Parliament was adjourned till tomorrow at 10 a clock. Prayers faid. 46. — Thuksday, Aug. 19. Praiers faid. Rolls called. Minutes read. Proceeded in the Act, and fpoke to the point of Peace. A claufe given in by the E. of Marchmont, That peace be made by the Privy Council to be named by the Parliament. Another by young Pitmedden, and voted. Approve of the Act as brought in, or Add the claufe by Pitmedden, to which the Court went in : carried. Add the claufe. A claufe given in by the Marquifs of Tweddal ; but being now [late] moved To adjourn. So the Parliament was adjourned till tomorrow at 10 a clock. Prayers faid. 170S. AND PRIVY COUNCIL. 129 47. — Friday, Aug, 20. Praiers faid. Rolls called. Minutes read. Remits to the printed Mi- nutes. Parliament adjourned till Munday next. 48. — Munday, Aug. 23. Praiers faid. Rolls called. Minutes read. Remits to the Minutes printed. Adjourned till Wednefday. The commiffion for Publict Accounts paft. 49. — Wednesday, Aug. 25. Praiers faid. Rolls called. Minutes read. Remits to the Minutes. Chofen the Commiffioners for publict Accounts, 5 of each Eftate. Propofed to proceed in the Limitations of a Succeffor ; but by a vote carried To proceed to the bufinefs of Trade. And a great many Overtures read. Adjourned till Friday next. Praiers faid. 50. — Friday, Aug. 27. Praiers faid. Rolls called. Minutes read. Read the Act for the Afri- can Company, and marked A firft reading ; alfo, Difcharging Importation of Irifh victual, &c., marked A firft reading ; but not to come again till it be printed, and till the Sederunt after the next. Act for refcinding the Act againft French Wine, &c., moved ; and an- other Act by Pitmedden for the drawbacks. A long time fpent on the Wine Act, if it fhould be marked A firft reading ; and after 8 the vote ftated. Pro- ceed or Delay : carried. Proceed, and marked A firft reading. Parliament adjourned till Munday. Praiers faid. & 130 OCCURRENCES IN PARLIAMENT 1703. 51. — Monday, Aug. 30. Praiers faid. Rolls called. Minutes read. The Act in favours of the African Company paft. The Petition be Pat. Steil being read, and the caufe called, none compeared ; fo a protection granted for a year. 52. — Tuesday, Aug. 31. Praiers faid. Rolls called. Minutes read. Proceeded to the Act againfl Importation of Irifh victual, and after much debate and feveral amendments, voted and paft. Parliament adjourned till tomorrow at 10 a clock. Prayers faid 9-10. 53. — Wednesday, Sept. 1. Praiers faid, &c. Act in favours of Mr. Will. Black, Advocate, for a Ma- nufacture, allowing the Commiflioners of Supply to lay on the Shire 1000 pounds from year to year, for maintenance of 16 boys out of the 8 prefby- teries of the fliire of Aberdene, he counting yearly to the CommifRoners. Proceeded to the Act for preventing Exportation of Wool, but not ended. Parliament adjourned till tomorrow. Praiers faid. 54. — Thubsday, Sept. 2. Praiers faid. Rolls called, &c. Proceeded to the Act prohibiting Ex- portation of Inglifli and Irifli Wool, which was voted and agried to. Then moved a [claufe] be added, allowing the Exportation of Skins and Wool on them. The M. of Annandale, Vifc. Stair, L. Regifter, Cavers, Sir Gilbert Eliot, were very fervid in this ; yet the E. of Roxburgh, Marchmont, Sir Jo. Home, Sir Pat. Home, &c., were much againft it : but Sir Th. Burnet was alfo againft it at an unaccountable rate. It being voted. Exportation was allowed till next Seffion of Parliament be 1 vote. Then D. Ham. pro- pofed there might be an additional duty upon it, and L. Blantyre, that re- 1703. AND PRIVY COUNCIL. 131 gulations be put on the way of Export. Some moved This might be delay- ed ; and that the vote might be, Proceed or Delay. Others, That the Act might be Approven, and that the vote might be Approve or Not ; fo it was voted Which Ihould be the vote, Firft or Second : carried Firft be 3 or 4. Then Proceed or Delay : carried Delay. Praiers faid. Parliament adjourned till tomorrow. 55. — Friday, Sept. 3. Praiers faid. Rolls called. Minutes read. Proceeded on the Wool Act. Voted the firft claufe. Debated, If a claufe for Exportation of Skins with wool on them Ihould be added, and being voted laft Sederunt, was carried ; now a claufe for reftricting thereof. Moved, That there be ports at which only they fhould be exported ; and aggreed on them, which were by votes determined to be Borrowftownnefs, Newport, Glafgow and Drumfries. Parliament adjourned till Munday at 10. Praiers faid. 56. — Munday, Sept. 6. Praiers faid. Rolls called. Minutes read. This day the Parliament fhould have proceeded to private bufinefs, but the E. of Marchmont gave in a paper to be read before I came in. I knew not what the import of it was, but he took it up after it was read; and gave in another, which he de- fired might be read ; and after it was begun to be read, the D. of Hamilton interrupted it ; and there was a great ftrugle about reading it, when I came in. At laft. Sir Th. Burnet and others agreed it lliould be read, but he de- clared it was providing it were not marked in the Minutes. The import of the Overture is for an Act, declaring Princels Sophia, Dowager of Han- over, to fucceed to the Crown, failzing heirs of the Queen's body, upon fe- veral weighty conditions relating to the votes already paft. The occafion, I conceive, of offering it was, becaufe the Commiffioner fayes the Queen has inftructed him not to touch the Act of Security voted, efpecially be- 132 OCCURRENCES IN PARLIAMENT 1703. caufe of the claufe in it about Communication of Trade, and that of Arm- ing the Country ; the laft whereof is here left out, the other fmoothed, that the fucceflbr fhall endeavour to procure a communication. When the Over- ture was read. Sir Th. B. defired it might not be marked ; and when others faid It might be read. Grant, Houfton, Luis, craved a vote, Mark or Reject. Carnwath cryed often, Mark or Bum ; others were for Mark or Not. The Chancellor was for Mark or Reject. Phefdoe, with an extraor- dinary fervour, fpoke againft it five times. At laft it was voted, Mark or Not : carried Not. Then proceeded to fome Petitions. Parliament adjourned till tomorrow at 10 a clock. This Overture was condemned by many for the matter of it, by others for the unfeafonablenefs, and not communicating it with any, and has given a great dafli to the intereft of Hanover and [the] Proteftant caufe. The L. Privy Seal, Secretary, &c., were againft marking. 57. — Tuesday, Sept. 7. Praiers faid. Rolls called. Minutes read. The Parliament proceeded to fome Petitions. Then called Ker of Morifton c. Sir Ja. Cokeburn. The parties' Advocates being heard, it was moved To remitt the procefs to the Seffion, and in end agreed, it be remitted with a Parliamentary power. Then the E. of Home's procefs c. Sir Patrick Home, for not inlifting in his Proteftation for remeid of law, called Sir Patrick alledged No procefs, be- caufe he had not feen the procefe. It was anfwered, there was an out- giving upon the procefs, and it was given to fome of Sir Patrick's fervants, but it was given back to Coldinknow's fervant without a return. This was denied by Sir Patrick. Then it was craved for the Earl, that now he might, conform to the Act of Regulations, 1672, art. 10., have proteftation for not infifting, feing Sir Patrick had cited the Earl to a day now paft. It was anfwered, the Earl fhould give in his copy. So Sir Patrick was ordered to be ready to inlift the next day for private bufinefs. 1703. AND PRIVY COUNCIL. 183 Then moved the next day fliould be for private bufinefs. The D. of Ham. moved it might be for publick bufinels, and the vote was put, Whether it fhould be for Public or Private Bufinels : carried for Publick. The Parliament adjourned till Thurfday next. Prayers faid. 58. — Thursday, Sept. 9. Praiers laid. Rolls called. Minutes read. Moved, The Commiffioner would be pleafed to touch the Act of Security, or declare what may be ex- pected. This was much urged, but he was filent. Others moved To pro- ceed to the Act about the Wool, which being voted, was Approven ; and the Parliament adjourned till tomorrow at 10 a clock. Prayers iaid. 59. — Friday, Sept. 10. Praiers faid. Rolls called. Minutes read. The Commiffioner had a fpeech, Ihowing he had inftructions from her Majelty to touch all the Acts pall this Seffion, except the Act for Security ; and he defired the Parliament might proceed to provide for the fecurity of the Kingdom and fupport of the Government, with all fpeed. Moved by the D. of Ham., E. of Rox- burgh, &c.. That an Addrels be made to the Queen to give orders to touch the Act ; this was much infilled on. Others moved (as the E. of March- mont, &c.,) That her Majelly's Commiffioner would be pleafed to intimate what was difpleafing therein, that it might be helped. In end, fome faid, If any Scots man had given that advice, he was a traitor to his country. In end the vote moved, Addrefs, or Proceed to other Bufinels : carried, Pro- ceed to other bufinefs be 12 votes. The Parliament adjourned till Munday next at 10 a clock. Prayers laid. 60. — MuNDAY, Sept. 1 3. Praiers faid. Rolls called. Minutes read. Moved, To proceed to the 134 OCCURRENCES IN PARLIAMENT 1703. Limitation Act given in the other day by Salton. After fome debate, it was read, and the vote ftated, Proceed to that Act or other Bufinefs : car- ried To other Bufinefs by 12. Then moved. To proceed to the Wine Act ; and after Ions debate, and offers of feveral claufes, the Firft claufe thereof was voted and Approven be 25, allowing the Importation of all forreign wines, and other liquors. The Marquils of Twedale gave in a Proteftation, before voting againft the Act, to which a great many adhered, which will be put in the Minutes. Parliament adjourned till tomorrow at 10 a clock. Prayers faid. 61. — Tuesday, Sept. 14. Praiers faid. Rolls called. Minutes read. Proceeded to the Wine Act. Moved by young Ormfl;on, That all noblemen, gentlemen, and heritors, be allowed to bring in wine free of cuftom, excife, and all other duty on the product of this Kingdom. Moved by the Secretary, That noblemen and barons be allowed to import wine free of cuftom, as formerly ; which was affented unto, and then he tore it. The E. Marftial moved the fame. The E. of Marchmont moved this claufe, Referving to the noblemen and barons of this Kingdom their ancient privilege, conform to A. 251. Pari'. 15. Jam. 6. Ormfton made an amendment on his Overture, and the queftion, after long debate was put, Whether Ormfton's Overture or Marchmont's fliould be added, under the names of 1ft or 2d : carried 2d by votes. Then a claufe was moved be Salton, That all who had a direct correfpond- ence or trade with France, fliould forfault their wine to the difcoverer ; and he enforced the claufe by offering to prove, that there is a fliip juft now arri- ved with wine from France. Others moved. Approve the Act. He and others moved. Add the claufe ; others. Approve the claufe, or Add other claufes. And it was alledged, there was a claufe in the Act already declaring this Act did not allow of a correfpondence with France ; and it was moved. Al- low of that claufe of the Act, or of Salton's claufe. After much debate it n03. AND PRIVY COUNCIL. 135 was moved. Allow of the Act without either of the claufes ; which being agried to, the Act was voted and Approven be 32 votes. The Parliament adjourned till tomorrow at 10 a clock. Prayers faid. 62. — Wednesday, Sept. 15. Praiers faid. Rolls called. Minutes read. Salton moved his Overture might be read and marked A firft reading. After fome reafoning, Moved by the Ld. Boyl, That the Overture for the fupply given in by the E. of Home long fince, might be marked A 1ft reading. Salton defired to be allowed to fpeak to his Act ; and he had a long and learned difcourfe, fhewing, that even in China, where the king is moft abfolute, no offices were conferred but by the recommendation of feveral councils, &c. The Vifc. Stairs an- fwered. Then the Chancellour anfwered very prettily out of Father le Chefe ; and there were many Debates Which of the two fliould receive A 1ft reading. But the Marquifs of Montrofe moved That the queftion might be. That the Houfe proceed to their Liberty before granting any fupply. Then my Ld. Phefdoe moved, That for three Sederunts the Parliament fliould go upon Overtures for fecuring our Liberty, and then to proceed to the Cefs ; which at firft [was] applauded, and thereafter repudiat by many ; and the Houfe was long in debate, and much clamour by many. In end, after 9 a clock, Refolved, The Houfe fliould next Sederunt be upon liberty. The Parliament adjourned till tomorrow at 10 a clock. Praiers faid. 63. — Thursday, Sept. 16. Praiers faid. Rolls called. Minutes read. The Commiflioner called for the Acts pafled this SefTion of Parliament, and touched them ; and then had a difcourfe, fhewing, That it might have been expected this Parliament would have proceeded to fecure the nation by granting a fupply to her Ma- jefty, but there being foe much time fpent, it was fitt they had a fliort re- ceik ; therefore ordained the Chancellour to Adjourn the Parliament, and 136 OCCURRENCES IN PARLIAMENT 1704. the Chancellour did adjourn it, and declared it to be adjourned untill the 12 October next. Prayers faid. 1704. SECOND SESSION. The Parliament being feveral times adjourned, and the Queen having named the Marquifs of Tweddal her Commiflioner, which character he has bom fince 1. June, 1704 ; it was at laft adjourned to July 6, 1704. 1 — Thursday, July 6, 1704. Betwixt 12 and 1 the Parliament met. Prayers faid by Mr Dav. Blair. The Queen's Commiflion to the Mar- quifs of Tweddal read by the Regifter. The Lord Regifter's Commiflion read, and he qualified. Patents read for the D. of Douglas, D. of Athole, E. of Cromarty, E. of Stair, E. of Glafgow, E. of Rofeberry, E. of Bute, E. of Hopton, Vifcount Garnock, Vifcount Primrofe. The D. of Argyle, and the new Earles and Vifcounts qualified. Some Members qualified. Rolls called. Warrant for Electing in Mid-Lothian, in place of Sir James Primerofe, on Tuefday next ; in Weft-Lothian, in place of Hopetoun, on Tuefday come 7 night ; as alfo the fame day for Bute, in place of the Sheriff of Bute ; and Wednefday come 7 night for the fliire of Air, in place of Kilbirnie. All thefe being promoted, the Commiflioner told there were many Members not yet come up ; and therefore the Parliament was adjourn- ed till Tuefday next. Prayers faid. Came out 2-3. 2. — Tuesday, July 11. Praiers faid. Rolls called. Moved by the D. of Argyle, the Lord Hal- 1704. AND PRIVY COUNCIL. 1ST liroodhoufe be received. It was alledged, the Ld. Halliroodhoufe name was out of the Rolls of Parliament thefe many years, above 60, Concluded, that the Queen's Lawers take in his pretentions and report to the Parliament, that if need bees, a Committee be appointed for further inquiry. The Queen's Letter twice read. The Comraiffioner and the Chancellour read their fpeeches, as alfo the Secretary read a fpeech. Moved, The Queen's Letter, and the fpeeches be printed, and agreed to. The Orders of the Houfe read. An Overture given in be young Pit- medden. Refolved, That the Parliament will defend the Queen's perfon and government, that there be no nomination of the Succeffor to the Crown this Seffion of Parliament, and will refolve upon conditions of Government, to take effect after her Majefty's death, &c. Moved by the Chancellour, The Seffion be Adjourned ; and Salton feemed to oppofe it, and Sir Dav, Cunninghame and Sir Dav. Dalrymple. The Prefident of the Seffion faid, that the laft Parliament the Seffion was not adjourned, becaufe people were come to town about their bufinefs, but now the Seffion was near a clofe ; that the Lords were ready to continue in their duty, but alfo ready to fubmitt to the Parliament. After fome difcourfe by the E. of Marchmont and L. Belhaven, &c., an Act was read for Adjourning the Seffion ; and marked A 1ft reading. The Chancellour advertifed the Members, that the Commiffioner was re- folved to be punctual in the time of meeting, and adjourned the Parlia-. raent till Thurfday next, at 10 a clock. Praiers faid. 3, — Thursday, July 13, about 11. Prayers faid. Rolls called. Minutes read. Act for Adjourning the Seffion to the 1 . Nov', read, voted, and approven. A Petition againft the Election of a Member for the Stewartry of Kircudbright read, and Lawers heard upon it. The objection was, that the principall Stewart was out of the kingdom. There were two Stewart-deputes, the one of 18 the other s 138 OCCURRENCES IN PARLIAMENT 1704. of 10 parifhes. He of the 10 parifhes was dead, and the other had called the freeholders of the whole Stewartry together to elect in ftead of Murray of Broughton decealed ; and feverals of thofe of the 10 pariflies, concea- ving there was not a lawful! call to meet, ftaid away. One at the meeting Protefted againft the meeting, but it was after he had given his vote for one of. the perfons chofen. The vote was ftated, Suftain the lawfulnefs of the meeting, or Remitt, to make a new election : carried Remitt, and orders appointed for a new election on Tuefday come fortnight. 1 The D. of Hamilton had a long dilcourfe, fliewing his refpect and con- cern for the Queen's perfon, and intereft of the nation, and how, that con- trary to his own inclinations, in compliance with her Majefty, he was will- ing without delay to go in to what is propofed by her Majefty ; in order to which he thought it was neceflary to enter into the following Refolve, which he read and gave in : — Refolved, That this Parliament will not proceed to the Nomination of a Succeffor, untill we have had a previous treaty with England, in relation to our commerce, and other concerns with that Nation. M. L. Marchmont had a difcourfe, fliewing the danger of delaying a No- mination. There was a Popifh Pretender, backt with the power of France, which fliould make us concerned in this matter. The D. of Ham. faid, he thought a Popifli Succeflbr was out of doors by the Claim of Right, and he was miftaken if it was thouglit he did plead for him : he wotj^ld draw his fword for the Proteftant religion, as foon and as readily as any durft do, and he told as fecurity, that he was to fall from his eftate, if he were hirafelf Popifti. The E. of Marchmont faid, he did not fay or mean the Duke was for a Popifli Succeflbr, but it could not be ques- tioned there was a Popifli Pretender. Sir Th. Burnet backed the D. of Ham., and the L. of Salton did fo. The Chancellour faid, it was a Motion that he would not fay he wiflit were withdrawn, nor whether it were good or evill, but it might ly on the table till next meeting. AVithdrawn ? faid the Duke, He would not withdraw it ; he purpofed to have the fenfe of the 1704. ' AND PRIVY COUNCIL. 139 Parliament of it, and defired to proceed to the confideration of it. It was faid, that they who knew of the giving it in, might have had confideration of it, but it was new to the greateft part of the Parliament, and it was of the greateft moment, and deferved the molt ferious and retired confideration. Sir John Home, L. Belhaven, E. of Cromarty, L. J. CI. fpoke to this pur- pofe. It was moved by my L. Phefdo, That this matter was not altogether new, there having more paft in the laft Seflion of Parliament ; yet, he thought it might be delayed till the next Sederunt, providing it were then brought in firft ; which the D. of Ham. acquiefced to, and was agreed to by the Houfe. The Parliament adjourned till Munday next at 10 a clock. Prayers faid. 4. — Munday, July 17, about 11. Prayers faid. Rolls called. Minutes read. Proceeded to the confider- ation of the Refolve given in laft day by the D. of Hamilton, to which the Duke fpoke. Grubbet againft it. The Duke took him up, and he made his apology. Young Pitmedden for it. L. Belhaven againft it. L. Privy Seal for it. Prefident of the Seffion againft it. L. Secretary againft it. The Juftice Clerk for it. The E. of Roxburgh for it. The E. of Rothefs propofed another Overture, thus, — Refolved, That this Parliament will go, in the firft place, into the confiderations of fuch conditions and regulations of Government as may be proper to rectify our conftitution, and vindicate, and fecure the foveraignty and independence of the kingdom, and then tlie Parliament will take into their confideration the Refolve offered for a treaty previous to a Nomination. This was alledged contrary to the Minutes of taking the former Refolve into confideration, fo a long debate was upon that. The Ld. Phefdde faid, this was but to trifle to bring in a new Re- folve upon the former. The L. Fountainhall offered to joyn the two, and the D. of Hamilton agreed to that motion, and offered one made up of both, thus, — Refolved, The Parliament will not proceed to the nomination of a UO OCCURRENCES IN PARLIAMENT 1704. Succeflbr, untill we have had a previous treaty with England, in relation to commerce and other concerns with that nation, and untill the Parliament further take to conlideration fuch termes and conditions of government as may free us from the Englifli nation, and fecure our religion, laws, and liber- ties. Upon this the debate run. What fliould be the vote. In end it refol- ved, Proceed to the two Refolves, Jointly or Separately ; and the Chancel- lour, Marchmont, Sir John Home, and others, having fpoken much, the firft vote was feparated. Proceed to the Refolves Separately or Jointly : car- ried Jointly be 42. Then Approve of the Refolve Jointly or Not : carried, by many, Jointly. The D. of Athole propofed. The Plot may be enquired into, and my Lord Commiffioner was defired to crave of her Majefty, That the papers and perfons concerned therein may be fent down, which his Grace promifed to do. Salton, before the vote, had a long fpeech reflecting on the Houfe of Peers, on their proceedings in the Plot, and commending the Houfe of Com- mons. The E. of Eglington was for approving the vote ; Sir Ro'. Sin- clair, Sir Jo. Swinton, Sir Patrick Home ; all of Mid-Lothian, but Arnifton ; all of E. Lothian, but young Ormifton ; Sir Will. Ker for Teviotdale ; the two Commiffioners for the Foreft ; all the dependers on the D. of Queenf- berry ; many of the North country, even Kilravock, Cullodon, Innefs, Phef- do, &c. Cavers Dowglafs, had a long difcourfe of a fable of the Iheep and uolt. Prayers faid. Parliament adjourned till Wednefday. 5 — Wednesday, July 19. Praiersfaid. Rolls called. Minutes read. The D. of Ham., E. of Marchra., L. of Grant all called to the Chancellour to be heard, all pretending to be heard as calling firft ; and a long jangle there was, all three fpeaking at once, till the Chancellor declared, he obferved Grant firft up, and defired him to fpeak ; And he moved for a WaiTant to cite the Lords of Treafury in a pro- 1704. AND PRIVY COUNCIL. ■ 141 cefe he had railed againft them before the Lords of Seffion, which they had remitted to the Parliament, but when the Parliament came upon this, and that a petition was given in be the Earl of Sutherland and Grant, which was read reprefenting the faid matter, which was for mifapplication of the Pol. 169 — , and told that the Lords of the Treafury then were the Marquifs of Anandale, E. of Marchmont, Mr Francis Montgomerie, the late D. of Ar- gyle. The Marquifs of Anandale faid, the petition could not be granted, becaufe the remitt of the Lords of Seffion was not produced. So they were ordered to produce the remitt next meeting of Parliament. Then the T). of Hamilton defired to be heard, and he faid he was to de- clare his readinels to ferve the Queen, and fecure the country, and offered an Act for two months' eels, and another Act for free voting, and defired they might be read ; which was done. Then the E. of Marchm. moved. That feeing the Houfe had gone in to a Refolve not to nominate the Succeflbr, that fomething might be thought upon to clear this Proteftant Parliament from all fufpicion of inclining to a Popifli fucceflbr. Young Pitmedden faid, that was done fufficiently by the Claim of Right. Then the Juft. Clerk offered an Act for a fupply for two years. Several of the Refolvers feem to incline to that, but it was moved and agreed to. That the Report of the Commiffion of Parliament for infpect- ing the management of the public money be given in next Sederunt. D. Hamilton gave in this Refolve, — Refolved, That this Parliament will proceed to make fuch limitations and conditions of government, for the recti- fication of our conftitution, as may fecure the religion, liberty, and independ- ence of this nation, and that they will name Commiffioners to treat with England for regulating commerce and other concerns with that nation, pre- vious to all other bufinefs, except an Act of two months' fupply, firft of all, to be granted for the prefent fubfiftence of her Majefties forces. There were feveral other matters for which I referr to the Minutes. Pray- ers laid 3 — 4. Adjourned till Friday next. 148 OCCURRENCES IN PARLIAMENT 1704. 6. — Fkiday, July 21. — About 11. Praiers faid. Rolls called. Minutes read. Marq. of Montrofe gave in an Act in his favours, marked A firft reading, narrating an agreement betwixt the now D. of Lennox and the Marquifs, who with confent of the Queen had purchafed the few duties of Bute, &c on certain conditions, to let the fewers have their holdings at certain prices, and the Queen to receive the Rock and all the fortifications of Dumbarton for diffolution of the faid fews, &c. from the Crown. L. Grant having given in the remitt of the Lords of Seffion craved a war- rant to cite, which was granted after fome debate. The D. of Ham. had a difcourfe concerning a precept or order, by Robt. Ruchead [Rutherford] complained of laft meeting by the E. of Rugland, againft my L. Advocate. The precept was thus : — " L.133, 6s. 8d. Edinburgh, 3d May, 170i. Out of the proportion of fupply due by the town and parifh of Cramond, impofed by Decreet of Parliament for benefite of Trade, pay unto S^ Jam. Stewart Her Maj. Advocate or order, the fum of L133 : 6 : 8d, Scots, in full of the faid fupply, and thir prefents fliall be ane fufficient difcharge to you therof. Make punctual payment, under pain of quartering, conform to law, and this nowayes to recur for payment thereof upon your humble ferv'. R. Rutherford." Directed thus — " For the toun and parifli of Cramond, viz. fuch thereof as are liable in payment of the above fupply." This was alledged to be an oppreffion of the fubjects to quarter without a warrant of the Commiffioners of the Supply, and fo much the more being done by an officer of ftate, emir nent in the knowledge of the law. The L. Advocate faid. That by Decreet of Parliament the unfree traders were to relieve the Burghs Royal of 10 pounds of the 100 pounds ftentfor the communication of trade ; that Mr.John Buchau had by a contract [with] the Burghs Royal a right thereto ; that 1704. AND PRIVY COUNCIL. 148 he had uplifted by fuch an order 4 or 5000 pounds Sterling ; that he being debtor to S'. And. Kennedie in a 1000 pounds Scots or thereby, he offered the ftent of Cramond, Libberton, and foine others near by, to him for his payment : S'. Andrew Kennedie being a friend of my L. Adv. defired his name might be made ufe of in the order ; he anfvvered, He did always think the Decreet of Parliament grievous, but feeing Mr. Jo. Buchan had uplift- ed fo much already by fuch orders, he was content to lend his name, provi- ding if that was ever complained of, he would recall it, and accordingly be did recall it, and did Declare he never faw that order in which his name was put, nor any other of the faids orders. [By] M. L. Phefd. it was alledged, That there could not a cenfure be made untill the Decreet of Parliament were confidered. It was urged by D. Ham., and E. of Rugland, That at leaft the paper might be cenfured as illegal, otherwife he defired the pro- tection of the Houfe. S. J. H. faid. That the Parliament, in its Legiflative capacity, might give or make what orders they pleafed ; in their Judicative, they were to confider perfons with relation to things, but not to confider things fimply but now there was mention of a Declarative capacity. It was laid by the Chan., Aberdeen, Secretary, J. CI., Prefident of the Council and of the Seflion, &c.. That the Parliament could not pafs a cenfure without calling of parties concerned. In end, appointed Robert Rutherford and all others concerned to be cited. The D. of Ham. Moved, his laft dayes Refolve might be confidered ; and read it, and offered it to the clerk, who laid he had it already. Grubet Moved for receiving the Report of the Commiflion about the pub- lic money, and that it be printed ; which was agreed unto as I underftood. The E. of Marchmont faid, he hoped, there fliould have been a Draught of an Act given in by fome, on his Motion [the] other day for Exclufion of a Popifli pretender, but feing it was not done, he would endeavour to have one in readinefs againft next day. The D. of Ham. moved, That they might proceed to Limitations, and to 144 . OCCURRENCES IN PARLIAMENT 1704^ the making an Act of Security, and for that end gave in the Old Act of Se- curity, leaving out the claufe about the Communication of Trade in refpect of the Refolve concerning it, fliowing the neceffity of it, to avoid Englilh Influence. The E. of Marchmont faid. There was much talk of Englifh In- fluence which all Scotfmen ftiould avoid, but no talk of French Influence, which was much more dangerous, and gave inftances, which he defired to know whether it was Englifh or French influence. D. Ham. fpoke to the Addrefs and Refolves of the Houfe of Peers in Eng- land, read them, and had his obferves on them ; and read the Refolves of the Parliament of Scotland 10. Feb. 1701, about the Houfe of Peers' undue in- terraedling with the Aff"airs of Scotland, and moved, That the laft Refolve and Addrels of the Houfe of Peers was an undue intermedling with the af- fairs of Scotland. It being faid by the Chanc. &c. That if the Parliament in- tended to do nothing but to go from one matter to another, it could not be expected they could long ftay together. Then there was a great hubbub, and crying on both fides ; the Earls of R. and Had. on the one fide, the D. of H. on the other, till the Commiflioner rofe and faid. Such diforders were very milbecoming, and if they did not fettle, he would be necefitate to Adjourn, untill they came to a more calm temper. The Act of Security being urged to be read, and marked A firft reading, the Commiflioner again faid. That he had very ample Inftructions in cafe the Parliament had gone in to the main bufinels in Her Majefl;y's [Letter], but feeing they had entered into a Refolve which did put off" that for thia Sefllion, things were fo far altered, that he knew not what he could do, with- out acquainting Her Majefty, and receiving her inftructions. The D. of H. faid, the Houfe owed their thanks to his Grace for his candor, &c. Salton had given in an Act for a Commiflion to Treat with England : Eight of every Eftate to meet on the Borders. Moved again To proceed to the Supply, and That the Queftion might be 3 months or 6, Some were for 4 mpnths. At laft, after fome difcourfe, the 1704. AND PRIVY COUNCIL. 146 vote was ftated, 2 or 6 months : carried, 6 months be 22, and the Act mark- ed A 1ft reading. Petition for the officers of the Army read. Petition for [David] Baillie prifoner in the Caftle of Stirling for libera- tion upon bail, read and granted. The Parliament adjourned till Tuefday next at 10 a clock. Praiers faid. S. J. H. obferving that Salton had faid fomething of men's changing, faid. That the foot they had fet up upon was to get this kingdom freed of Eng- lifh influence, that he was ftill as much for that as any, but fome had brought things unto other points which, he was fure, would never take ef- fect till the Nation were freed of Englilh influence, for that would influence all we did : So he left it to every man to judge who had changed. The D. of H. faid, the Gentleman who fpoke laft was, in his efteem, one of the wor- thieft Gentlemen of the nation, but he thought his reafonings now might be turned againft him ; but he ftill ftood up for the Intereft of Scotland, and he was fure he was not paid for it. Salton had faid, the Englifli influence was fuch, that they had fent down one to manage who had no intereft in Scotland, meaning Mr. Ja. Johnfton, L, Regifter. 7. — Tuesday, July 25. Praiers faid. KoUs called. Minutes read, concerning which fome time was emploied for amending fome words concerning the vote, about the 6 months' eels, being in the Minutes, approve of the Refolve for 2 or 6 months. This being over, the Marquefs of Montrofe moved A 2* reading to his Act ; but D. Ham. oppofed it, till the bufinefs of the Gels were over. And the Marquels having yielded, it was moved by the E. of Marfliall and D. Ham. That the Act of Security might be read and added as a claufe to the Act of the Supply. It was faid by my Lord Marchmont, He defired to be heard before reading. No, faid the E. of Marchmont, it behoved firft to be read, for it T 146 OCCURRENCES IN PARLIAMENT 1704. was a part of his fpeech. E, of Buch. faid, If the E. of Marfhall had a mind to read the Act, he might as a part of his fpeech, but the clerk could not read it, till Members be heard why it lliould not be heard. The E. of Marchmont defired to be heard, why it Ihould not be read. E. Rugland, faid, he was up before the E. of Marchmont, and defired to be heard, fo there was a long jangle ; at length the Act was by the Chancel, appointed to be read, and was read by the clerk. Then E. Rugl. had a Ihort fpeech of very few words, which feem'd to import, his defign in craving formerly to be heard was only to interrupt E. Marchmont, who likewife fpoke ; but fpoke very little, that that Act fliould not carry us off the Act for the Supply, which had received A firft reading. He was for the Act of Security, and thought an Act of Security neidfuU, but he thought it fitt to have in a fe- parat Act. S. J. H. faid, He had been for the Act of Security, and would be for it as much as any within thefe walls, but he thought difhonourable for fo great an Act to be joined with an Act for a few months' fupply. S. Pat. H. faid. That this was only a claufe to be added to the Supply Act, and it was very ordinary to add a claufe. to an Act. L. Belh. profefled to be very much for the Act of Security, but not for joining it to the Act of Supply : Tacking of Acts was a novelty with us, and may prove of dangerous confequence. L. Founth. faid, Novelty fliould not fear us ; all our lawes were at firfl novelties : the Act for Two Readings was fuch a novelty, that fome years agoe, a Member of Parliament for propofing it was fent to pri- fon (Mr. W". More in Lauderdail's time ; the Proteflant Religion was call- ed a novelty by the Papifls. D. Ham. faid, A novelty for good was Hill good, and this was for falvation. L. Regifter faid. The tacking of Acts in England was more reafonable than in Scotland, becaufe there the Parlia- meiit confifled of two Houfes, and it was not of defign to encroach upon the Soveraignty and to ftraiten the King, but becaufe of differences between the two Houfes ; and yet, there was fuch inconvenience found therein, that the plurality of the other Houfe had engaged never to give their confent to n04. AND PRIVY COUNCIL. Mfll bills tacked. But here the Parliament fate in one houfe, and Tacking of Acts might obftruct voting of them both, whereas a plurality (though not the fame perfons) might carry both when confidered leparately, which yet, might be againft both when conjoined, for fuch, e. g. as were for the Sup- ply may be againft the Act of Security, and fuch as are for the Act of Security may be againft the Supply, and both would join in being againft the Acts conjoined. Likewife, it was a ftraitning of the Queen, who might poflibly confent to the one and not to the other. Salton faid. Now it appears that there muft be a bargain, and unlefs the Parliament go in to the mea- fures laid down in England nothing muft be done ; and he who Ipoke laft has undertaken to obtain thefe meafures to be performed here, in profecu- tion of the Houfe of Lords' Addrefs. L. Reg. faid. He had not undertaken any fuch thing ; that it was a miftake to think thefe meafures were the re- fult of the Houfe of Lords' Addrefs, for her Majefty being afperfed, as if ftie had other defigns, declared about Chriftmafs, long before the Houfe of Lords' Addrefs and his own concern in publick bufinefs, That flie would i*ecom- mend it to her fervants to obtain the Proteftant fucceflbr fetled in Scotland. Salt[on faid,] He knew, and could make it appear, that the Regifter had un- dertaken to profecute the Englifli defigns for promotion to himfelf. Reg. faid. There could be no Influence but the place he had, and it was known he had loft a higher place for his concern for his country. Some called. That Sal- ton fhould go the bar for accufing a Member. Salton, backed by D. Hamil. faid. The Letter by the Queen to the Parliament was written when no Scotf- man was about her, and fo behoved to be by Englifli influence. The Reg. faid, It came up to the Queen from Scotland ; that he beleived there was no Englifli man would be at the pains to draw a letter. Salton ftill infift- ing, S'. Ja. Hacketfaid, He was impertinent. Salton faid. He that would call him Impertinent was a Rafcal. The Houfe being alarmed at fuch expref- fions, S. J. Erik, moved Both fliould be fent to prifon. The Chancel, gave a. fliarp rebuke to both ; and it refolved in this, firft S'. Ja. Halket then IW OCCURRENCES IN PARLIAMENT 1704. Salton, Declared they were forry they had faid any thing that had given offence to the Houfe, and proraifed upon their word of honour, they fliould not take any notice of it elfwhere. When this was over, moved To proceed to the 2\ reading of the Act for the Supply ; others To the reading of it as joined with the Act of Security. My Lord Rofs gave in a Refolve, To give 2 months' Supply prefently, and when the Act of Security lliall be paft and touched, to give 4 months more. A Refolve given in by the E. of Marftiall, Not to proceed to the conlider- ation of the Supply or Act of Security, until her Majefty give inftructions about the Act of Security, referving to the Parliament then to proceed on them thereafter, jointly or feverally. The Commiffioner faid. The Parliament knew what hand he had in that Act of Security, that he had added more claufes thereto then any other whatfoever, and that he was ftill in his private opinion of the fame mind now as then ; but feeing it had pleafed the Parliament to fall on other mea- fures than was expected, he behoved to acquaint her Majefty before he could do any thing thereanent. The Queftion was. Whether the firft or S.\ Re- folve fliould be the ftate of the Queftion : carried the 2^. be 18 or thereby. Then agreed without a vote upon the 2**. Refolve. I came out, and referr to the Minutes for other things. The Parliament adjourned untill Aug. 3, Thurfday come 8 dayes. 8. — Thursday, Aug. 3, at 11. Praiers faid. Rolls called. Much time was fpent about admitting the Commiflioner for the Stewartry of Kircudbright, who was chofen Tuefday laft ; fome preffing he be prefently admitted, feeing he produced his commif- fion, and there being, no competitors ; others alledging, he had been nimious diligent, in having come in in 24 houres 70 miles, and confeffed there were Proteftations againft his election, which raifed a fufpicion that there might 1704. AND PRIVY COUNCIL. 149 be a different election, feeing there were above 70 electors, and but about 37 fubfcribers to his election, and moved He might be delayed till next Sederunt. At length he was admitted, referving objections if any Ihould occurr. Then proceeded to private bufinefs, this day being dellined for that purpofe. The Act of Diflblution, in favours of the Marquifs of Montrofe, read twice or thrice ; and after, the E. of Bute's Proteftation read and admitted, and fome debate, voted and approved. Several other Petitions and private bufinefs read, and Acts received A firft reading. Act in favours of the Lords of Jufticiary read, and appointed to be print- ed. A petition for Mr. Jam. Oliphant of Lanton read, againft Mr. Ro'. Alexander, and refufed. The Parliament adjourned till tomorrow at 10 a clock. Praiers faid. Came out at 6. 9. — Friday, Aug. 4, 10 or 11. Praiers faid. Rolls called. Where, the Commiffioner for the Stewartry of Kirkcudbright, M'^Ghie of [Alex. M'Kie of Palgoun] having been admit- ted yefterday, and there having been a commiffion produced this day for Laird Murdo, It was moved, That M'Ghie fliould be debarred from voting, feeing tho the competitor was not come up, yet his commiffion was pro- duced, and there were objections why neither of the two fhould be received, viz. That there was not due intimation at all the parifh churches, and fome freeholders in thefe pariflies were abfent from the election. After much reafoning, declared upon M'Ghie's own declaration. That he Ihould not vote till the bufinefi were difcufTed. Then proceeded to my L. Sutherland and Grant's bufinefs, againft the Lords of Treafury. But firft as to the Minutes, they were amended as to the Marquifs of Montrofe's Act thus. Moved the Marquifs of Montrofe's Act fliould receive A fecond reading. The E. of Bute declared, in re- 150 OCCURRENCES IN PARLIAMENT 1704. gard he was not cited, he did not lift himfelf as a contradictor, but held his private right as fafe, and gave in a Proteftation, which was admit- ted. Then as to the E. of Sutherland's bufinefs, feeing yefterday it was de- layed till next Meeting of Parliament, Moved now the queftion Ihould be, Remitt the fame to the Seffion or Not. It was alledged, the defenders had not time to confult, and they had reafons to alledge why it fliould not be Remitted. After long debate, and a Declinator given in of many, and that it was alledged the D. of Argyle could not be allowed to vote, and that it being alledged the action was penal, and could not pafs ad hceredes; at length the E. of Marfliall moved, from the E. Sutherland's fuggeftion. That feeing the defenders had fcarce time to fup yefternight when they behoved to go to bed, and had little time this morning, that therefore it fliould be de- layed till next Sederunt, providing it be marked to come firft in then, which was agreed to. Then the D. of Ham. moved It might be agreed to, That next meeting the Parliament fliould proceed to name their commiflioners for the treaty with England, conform to the Refolve. It was faid by others^ This day was appointed for private bufinefs, and proceeding to the publick accounts. After long reafoning, moved That the Act given in by Salton as to the treaty might be read. Moved by others the queftion might be, ^V^hether the Orders of the Houfe for proceeding to private bufinefs fliould be kept. It was alledged, the reading of the Act would take but little time. After long altercation, the queftion was ftated. Proceed to the confideration of the Accounts or Acts ; the other Act moved being by the E. of Roxburgh, (in cafe they did not proceed to the Accounts,) to give the Act of Security a fecond reading : carried, the Acts. Then the next queftion was moved. Proceed to the confideration of the Act for the Treaty, or the Act of Secu- rity : carried by 5 votes the Act of Treaty, and it was ordered to receive A firft reading marked. The Parliament adjourned till tomorrow. Prayers faid. 1704. AND PRIVY COUNCIL. 151 10. — Saturday, Aug. 5, about 12. Praiers faid. Rolls called. Minutes read. This day feveral things Moved, as to which I referr to the Minutes, in regard I had not time to fet them down. Only, after much ftrugle, and the Ld. Commiffioner's intima- tion he had inftruction to pals an Act of Security that might fufficiently le- cure the nation, D. Ham. faid. It was not An Act of Security, but The Act of Security they were for ; fo in end it was alledged, if they Ihould pafs the Act of Security, they had no aflurance it Ihould be touched. The L. Com- miffioner told, that before he did touch the Act for the Supply, he would touch the Act of Security if it did pafs the Houfe ; fo the Act of Security was read and voted, and then the Act for the Cefs was read and paft, and thofe concerned in the feveral fliires, nobility and others, allowed to give in Lifts of Comraiflioners of the Supply. The Act of Diftblution in favours of the Marquifs of Montrofe, the Act of Security, and the Act for 6 months' cefs, two months 10th Sept^ two months at Candl[emas], and two at Wh[itfunday] next, all touched. The arrears due to the ftanding forces to be payed out of the firft two terms. Parliament adjourned till Tuefday next. Rofe after 8, and candles light- ed. L. Balmirino and Blantyre admitted. 11. — Tuesday, Aug 8, before 12. Praiers faid. Rolls called. Minutes read. Moved To proceed to the nomination of Commiffioners for the Treaty with England. On Saturday, it was alledged, that it feemed reafonable to condefcend on the fubject of Treaty before a nomination ; but that being overruled, D. Ham. moved the nomination might be in plain Parliament, as was in the Meeting of the Ef- tates. Belh. [faid], that before any nomination, he thought there was an accurfed thing fearcht out to put out of the way, which he had found out, viz. the Scots Plot, where many of the Members were tainted, and till they 1^ OCCURRENCES IN PARLIAMENT 1704. were cleared, it would be unfitt to name them for comraiffioners ; he named the D. of Ham. Queenlberry, Athole, M. of Annandale, E. of Leven, L. of Grant, himfelf ; and faid. Unlets they were cleared, they could not be ac- ceptable to the Commiffioners of England. Dug. Stewart [faid], He thought there was now a plot to difappoint the nomination. D. Ham. [faid], He did fecond that noble Lord, That it was neceflary to clear the nation of the Plot ; that not only thofe named, but all who voted for the Act of Security laft Sef. of Parliament are accufed to be in it by a Letter from the D. of Q. to her Majefty laft year, whereof he had a printed copy in his hand, and read parcels of it. Salton [faid], He thought the fountain of our evil was the Houfe of Peers' undue intermidling in our affairs ; and after fome difcourfe to that purpofe, gave in a Refolve, thus, Refolved The Houfe of Peers in England their Addrefs to the Queen to ufe her endeavours to gett the Suc- cefTor of England fetled in Scotland, and enquiring into the plot, fo far as it concerned Scotland and Scots men, was an undue intermidling with our af- fait-s, and an encroachment upon the foveraignty and independency of Scot- land ; and that the behaviour of the Houfe of Commons in thefe matters, was like good fubjects of our Queen, and as neighbourly friends of this na- tion. Much difcourfe was on this motion, which fome divided into two ; others into three branches. As to the Houfe of Peers, it was alledged by the Earls of Marchmont and Stair, that their Addrels to the Queen was a clear acknowledgement of our independency, for when they treat about Irifli af- fairs, they give fpecial orders ; but in this affair, they do as the Queen and States of Holland do with the Emperor, in addrefling him for Articles in behalf of his fubjects in Hungary. And tho' this affair did indirectly con- cern us, yet it was directly their own bufinefs. Belh. [faid], Thus, when we were feparat kingdoms in Henry 7. [8*"] of England's time, there was a treaty of marriage for K. J. 5. where the Succeffion was moved in. And as to the thanks to the Houfe of Commons, M. of Annandale faid, nothing appeared that what they did was on account of us, nay, what they did was carried on 1704. AND PRIVY COUNCIL. 153 by Mr. Seymour and his followers, who had declared his contempt of this kingdom, the Houfe of Commons had nominated their Succeffor without advifing with us. D. H. digreffed to the Plot, where he faid himfelf was tainted, and the M. of Annandale was tainted, and tho' in charity he was bound to believe him innocent, yet there was a heavy charge againft him by Baillie. M. of Annandale called, To the Bar, to the Bar ; he was ready to defend his innocency, and deflred that noble Lord might make good his charge. D. Ham. — He charges him with nothing, but Baillie does. M. An- nandale defired Baillie may be fecured. Many did fecond him. L. Founth. and L. J. CI. faid, the M. of Annandale was already cleared by a fentence of Council, and Baillie fentenced and pilloried. L. Anftr., It would be an in- tollerable tyranny if the fentence of the Council could not be called in quef- tion. This being let fall, returned to the Refolve. Moved, It ftiould be divided ; which was aggreed unto. Then as to the claufe concerning the Houfe of Peers, moved the queftion fhould be Approve or Not. Others, Proceed or Delay ; which was allowed for the firft vote, and carried, Pro- ceed by one vote. Moved, To divide that claufe, being complex ; but the whole was put to the vote, and carried Approve by very many. Then D. Ham. moved To proceed to the 2d claufe, concerning the Houfe of Com- mons. Many appeared againft it ; fome, particularly the E. of Aberdeen, was for cutting off the firft words of it, and being fo reformed, the vote was called for ; others of the fame fide, perceiving it would mifcarry, moved it might be let fall, but the other fide craved a vote ; and it being ftated Ap- prove or Not : carried Not by about 50 votes. Before the Rolls were called out, D. Ham. cried out in a rage, My L. Chan., Will you adjourn the Houfe, and incroach upon the privileges of the Houfe in the midft of the bufinels ? So there was a great hubbub ; but after filence was obtained, the Chan, told the Houfe there was no fuch defign, and ordered the proceeding to the calling of the Rolls. Then my L. Com- miffioaer laid. It was the ftrangeft thing in the world, that D. H. would u 154 OCCURRENCES IN PARLIAMENT 1704. fuffer no bufinefs to proceed ; and now that they were at an end of this bu- finefs, he required the Chanc. to adjourn the Houfe till to morrow at 10 a clock, which was his prerogative to do as reprefenting Her Majefty. Praiers laid about 7- 12. — Wednesday, Aug. 9. — About 12. Praiers faid. Rolls called. Minutes read. The bufinefs of the Plot moved, and that a day be fet for confidering it. All feemed ready to enter upon it, order next and That all papers fent from Court in relation to it be produced. Act concerning Wool read, and after very long reafoning, by a vote of a great plurality marked A firft reading. Many Acts and petitions read, and the Act in favours of the Lords of Jufticiary marked A firft i-eading. The Minutes will contain the particulars. The Parliament adjourned till tomorrow at 10. About 7 feveral lifts of Commiffioners of the Supply given in, and the Act appointed to be publiflied and printed. The E. of Roxburgh, Hading- ton, and the Commiffioners of the fliire of Roxburgh, gave in a figned lift. Cavers not being with them, gave in an additional lift. The E. of Hading- ton faid, he had been defired to come and refufed. Cavers anfwered, That is not true. Hadington faid, I thank you, Sir, for that. So the Chancellor and Houfe took notice of the expreffion, and put Cavers to crave pardon of the Houfe and of the E. of Hadington, and the Earl declared he had no more to fay to him. 13. — Thuksday, Aug. 10. 11—12. Praiers faid. Rolls called. Minutes read. After fome fpeech about ad- ditional members of the Supply, the Procefs of the Dutch, of Buccleugh c. the E. of Melvil, Leven, and Mr. Ja. Melvil called. Mr. Wm. Calderwood had a long deduction of the Affair, and procels of Exhibition, Compt and n04^ AND PRIVY COUNCIL. 155 Reckoning, and Reduction, before the Lords, and hardfliip of the Interloqui- tors, whereupon fhe did proteft for remeid of law. To which S'. Walter Pringle anfwered, No procefs, in refpect Mr. Ja. Melvil was neither cited perfonally nor at his dwelling houfe. Anfwered by S'. Da. Dalrymple, That he oppones the execution at his dwelling houfe in the Lady Gartmore's in the Canongate. Anfwered be Mr. Fr. Grant, That was not his dwelling houfe, nor was he 40 dayes in Edinburgh. It was alledged for the Dutch, that ejio Mr. Ja. Melvil were not legally cited, yet fhe might infill againfl the Earls of Leven and Melvil in the Exhibition. Anfwered, This was a pro- teftation for Remeid of Law, upon an Interloquitor of the Lords for Exhi- biting an Act. wherin Mr. Dav. Scrimzeor was principally concerned, and Mr. Ja. Melvil as his univerfal fucceflbr. After ending the debate, there was a long reafoning, \vherein there was odd pofitions as to the point of Law and form advanced. It had been alledged by the Lawyers, That there was a citation againft Mr. Ja. Melvil at his dwelling houfe in Fife which fupplied that defect ; which by fome was alledged to be fufficient to be feen in the clerk's hands. But fome propofed to diftinguifh the queftions here, 1. Whether Mr. Ja. Melvil was legally cited by the citation in the Canon gate : This was agreed Not to be legall. 2. Whether it was neceflary the new citation fliould be feen in the clerk's hands, or to be given out to be feen and returned in communi forma ; and it was alfo agreed. To be feen in com- muni forma. 3. If My L. Melvil and Leven be holden to anfwer, when Mr. James Melvil the party principally concerned was not cited ; and this put to the Vote, and it was carried, the Dilator to be fuflained. That they were not obliged to anfwer. The Parliament adjourned till to morrow at 10 a clock. Praiers faid. Came out before 6. The Parliament entered upon the Publik Accounts, but they did not well underftand them. Ordered S'. Th. MoncreifF, R. Ruther- ford, and Dav. Calender, to attend next meeting of Parliament, with fuch books and inftructions as may give light to them. 156 OCCURRENCES IN PARLIAMENT 1704. 14. — Friday, Aug. 11. Bef. 12. Praiers faid. Rolls called. Minutes read. Moved, The Act in favours of the Lords of Jufticiary fhould be read ; this by the D. of Athol, feconded by the D. of Ham. ; which was done ; and the claufe about the Arrears or By- gones after feme debate, was thought improper in an Act of Parliament, That it fufficed to recommend the fame to the Lords of the Treafury. E. of Marchmont faid. And why not his Bygones for which he had ferved faith- fully. D. of Argyle moved alfo. For the Juft. General. S'. Al. Oglevie of Forg- land reafoned againft an order for Bygones, and faid, He hoped tliefe gentle- men would forgive Bygones. The L, of Fountainhall faid. For his part he offered to mortify Bygones, but not to forgive them. The Chancel, faid, It would fuffice to mark it in the Minutes, That the Parliament did recom- mend the Bygones to be payed by the Lords of Thefaury, and they would certainly be payed. And according[ly] the Minute was written and read ; but I believe upon the E. of Marchmont, &c. ftruggle, the Minute was let fall. Then the Parliament proceeded to the Publick Accounts, and went throw fome Accounts. Parliament adjourned till Munday [at] 10 a clock. Praiers faid. Came out before 6. 15. — MuNDAY, Aug. 14. Praiers faid. Rolls called. Minutes read. Moved by S'. Pat. Home, That there was wanting a recommendation to the Lords of Treafury to pay the Bygones to the L. of Jufticiary. It was alledged, to be laid afide ; fome urged, others might be added. The Chancellour faid, that he had his claim, and it was beft to leave all to the Lords of Treafury, for the Queen was refolved that all her fervants ftiould be payed. So the matter was laid aiide. The Parliament proceeded to the 5th and 6th Accounts : but by reafon of jangling, they proceeded no further. 1'5'04. AND PRIVY COUNCIL. IST Parliament adjourned till to morrow at 10 a clock. Praiers laid. Came out before 6. 16 — Tuesday, Aug. 15. After 12. Praiers faid. Rolls called. Minutes read. Proceeded to the 7th Account : But L. Grant, S'. Th. Burnet and others propofed, To proceed to confider thofe who had publick money in their hands, or who had mifapplied it ; and a long debate was theron ; at laft returned to the 7 th Account, and went throw it with the obfervations, and the 8th Account and the obfervations, un- till S'. Wm. Menzies who being prefent was called, and a long Information and petition of his was read, and he was heard fpeak for himfelf Why his Tact did not Hand by reafon of a claufe in it That in cafe of famine, plague, or war fliould occurr and endure for 3 months the Tack fhould fall, and he fubfumed. There was a famine, which he made appear by the penury and high price of corns, — the death of many people (this was in Anno 1699) for want, — the importation of 36000 hols into the kingdom upon a premium of 20s on the boll, — the keeping of fafts for the famine, &c. It was alledged. There was as great a dearth the time of the taking the Tack, — that it was not univerfal, — others had offered to take the Tack, — that he had fet Tacks, &c. It was faid for hira. That there was an Act of Exchecker turning the 2" year into a Collection ; which was read, but it does not exprefsly fay fo. After long reafoning the vote was ftated. If the Tack was Handing till it was fet to others or Not : carried. It was, by about 18 votes. It being late, the Parliament adjourned till to morrow at 10 a clock Came out about 7. 17. — Wednesday, Aug. 16. 12. Praiers faid. Rolls called. Minutes read. Proceed on the Fund of Hearth Money, whereof Mr. James Melvil of Caflingray was Collector with power to appoint fub-coUecters and the E. of Leven his cautioner, and both 188 OCCURRENCES IN PARLIAMENT 1704. liable for their own and fub-collectors intromiffions. What was done therein will appear from the Minutes. Before they came to this, there was a vote in S'. Wm. Menzies cafe, — Su- percede further execution againft him upon his payment of 5 or 9000 pounds Sterling ; and it carried 5000 pounds Sterling and power to inquire into his intromiffions. A Refolve given in by Salton, That all who have mifapplied, or fhall mifapply funds appropriate, be liable. Another to the fame purpofe given in by the D. of Athol. In end, a Draught of an Act given in to the fame purpofe ; but argued againft, as bearing a retrofpect, and precluding parties concerned of their defences. The Act to ly on the table, and ordered to be printed. The Parliament adjourned till Friday at 10. Came out at 7. 18.— Friday, Aug. 18. 11. Praiers faid be Mr. Meldrum. Rolls called. Minutes read. Proceeded on the Accounts of Pol money 1693. The Parliament adjourned till to morrow at 10 a clock. Praiers faid. 19. — Satuuday, Aug. 19. 11. Praiers faid be Mr. Jam. Ramfay. Rolls called. Minutes read. Act given in by Salton, For an addition of 11 to the ftate of Barons, and that as a nobleman is created there be a new addition of one for the barons, read and marked A firft reading. Act given in be the D. of Ham., About free voting in Parliament, excluding from the Parliament officers in the army, free penfioners, collectors and tackfinen of the cuftoms, &c., read, and marked A firft reading. Proceeded to Petitions for the E. of Crawfurd for his payment of what he ftands engadged for clothing to his regiment, read and granted. Petition for the Vifcount Teviot, &c. read. Petition for the Countefs of Seaforth for an Aliment of 500 pounds Sterling per annum du- 1704. AND PRIVY COUNCIL. 159 ing her dependence of her procefs for her jointure of 1000 pounds Sterling read. The Juftice Clerk defired the Anfwers might be read, but they were afterwards obftructed. Then he offered to confent the Act fhould pals, if flie would bring back her fon ; but retracted. It was long debated, and in end put to the vote. Grant the delire of the petition or Not : carried, Grant. But here there was No procels, nor any body cited or compearing, fo that it is thought this Act will be of little effect. Act for the Wool to come in firft next Sederunt, then the Accounts. The E. of Rothefs offered an Act for plantation of Kirks and valuation of Teinds, as to which it was voted, Proceed or Delay : carried, Delay. The Parliament adjourned till Tuefday next at 10 a clock. Praiers faid before 8. 20. — Tuesday, Aug. 22. 11. Praiers faid be Mr Meldrum. Rolls called. Minutes read. Moft part of the time fpent on the Act for Exportation of Sheep wool after 1. Oct. till next Seff. of Parliament ; wherein there were feveral votes, but the Act not concluded. Praiers laid after 8. 21. — Wednesday, Aug 23. 11. Praiers faid be Mr. Ramfay. Rolls called. Minutes read. Several Pe- titions given in. The Act, about the Wool, in end, after fome debate about claufes to be added, was voted and carried. Then proceeded in the Accounts to the Article of Tunnage ; and Fer- gullie compearing, and there being a great many complaints given in againft him by Col. M'Gil and feveral others for extorting 25 per cent from him, and 30 for 20 from the feamen, he was ordained to go to prifon till he found bail Judtcto Jifti, before the Commiffion appointed to cognofce of what Ihould be remitted to them, paffed this day. The Parliament adjourned till to morrow [at] 10 a clock. Praiers faid. 160 OCCURRENCES IN PARLIAMENT 1704. 8 — 9- A reward of 200 pounds Sterling to the 4 that were the Committee for the Accounts ; and 100 pounds to be diftributed by them to the clerk, &c. 22. — Thursday, Aug. 24. 11. Praiers faid be Mr. Meldrum. Rolls called. Minutes read. Moved by the D. of Athol, That the Parliament proceed to the Plot after ending the Accounts. Moved by Salton, To give a 2'' reading to the Act for a fuller Re- prefentation of the Barons. Moved by D. Ham., To give a 2'' reading to the Act for Free Voting in Parliament. Salton, That the Member fpoke laft did contradict himfelf, for he had been for the Act in favours of the Barons. D. Ham., He craved the Juftice of the Houfe, — he had been reflected on by the Member fpoke laft, and undefervedly, and he offered to go to the bar, if he had faid any thing amifs. Salt., — Such reckoning was for another place. D. Ham., — He refufed not that neither. The Chancel- lour took notice of both their expreflions, and moved. That firft Salton fliould crave M. L. Commiffioner and the Houfe pardon, if without any de- lign he had faid any thing that gave offence ; which after a long ftruggle he was prevailed with to do, if D. Ham. fhould do the like, and which both did, and promifed on their word of honour. There fhould be no more of what had paffed. Proceeded to the Accounts, and came the length of Tonnage and Poundage. The Parliament adjourned till to morrow at 10 a clock. Pj-aiers faid. Came out about 6. 23— Friday, Aug. 25. 11. Praiers faid be Mr. Meldrum. Rolls called. Minutes read. Proceeded to the Publick Accounts, and went throw them. Remitted moft things to the Commiflion. An Act given in by way of Overture, be Mr. Clerk of Pennicook. Carried by a vote. To remitt my L. Belhaven's bufmefs to the Commiflion, to enquire and report. 1704. AND PRIVY COUNCIL. 161 The Parliament adjourned till to morrow at 10 a clock. Prayers faid be- fore 8. In the beginning of the Sederunt, the Act in favours of the five Lords of Jufticiary, Act for Exportation of Wool, and the Act [A blank in the IMS.] • 24. — Saturday, Aug. 26. 12. Praiers faid be Mr. Ramfay. Rolls called. Minutes read. My Ld. Ar- nifton, Prefident of the Commiffion, gave account that they met this morn- ing, and Mr. Bruce and Smith met, but not Mr. Patrick Oglevie, nor John Forbels of Knappernie ; who, being prefent in Parliament, was examined about Th. Bruce, mufter-mafter-general, his having received reward for making falfe mufter-rols to the Lords of Treafury. He faid. He, as agent for C. Hil's regiment, did not pay any thing to Th. Bruce, but he payed to his brother Alexander Bruce 60 pounds Sterling, and ten fliillings Sterling per month for each name of a man of each company, being 13 companyes in all, and payed thus for two or three quarters 29 pounds 10 (hillings at a time. He prevaricate extremely to the conviction of all prefent. This bufinefs re- mitted to the Commiffion. The Act for 12 fliillings on the tun on each fliip and veflel not belonging to Scots men dwelling in Scotland for 5 years, be- ginning from 1ft September next. This had been in yefterday on the falfe mufters. Smith faid, all the regiments in the kingdom had falfe mufters but the E. of Hindford's. The Act of [blank in the MS.] Proceeded to the Plot ; but there being no print[ed] papers fent down, and all the copies fent to the Council being only copies. Moved, There might be an Addrefs to her Maj[efty], to fend the papers and perfons necef- fary againft the next Seffion of Parliament. The Parliament adjourned till Munday next, [at] 10 a clock. Praiers faid. 25. — Munday, Aug. 28. 12. Praiers faid be Mr. Meldrum. Rolls called. Minutes read. A Draught 162 • OCCURRENCES IN PARLIAMENT 1705. of an Addrefs to the Queen, offered by the E. of Marefchall, and another by Mr. Fletcher of Salton ; both read, and the former Approven to be gone into, and being read §. by §., there was much reafoning on amendments, parti- cularly about the undue midling of the Houfe of Peers being brought in Af- fertively, which thefe that were againft the Refolve faid they could not go in- to. The Regifter moved. It might be infert Narratively ; which was agreed to, and the Addrefs put to the vote : carried Approve ; yet the Marquife of Annandale, D. of Argyle, E. of Buchan, Stair, Leven, Melvil, &c., and Prefident of the Seflion, voted No, and many of the D. of Queenfberry's party were lilent. The Commiflioner had a fpeech to the Parliament, which I did not hear» and caufed adjourn the Parliament till 7 October next. Prayers faid, 3 — 4- THIRD SESSION. 1705. 1. — Thursday, June 28. The Parliament met about 1. Duke of Argyle Lord High Commiflioner. Praiers faid be Mr. Blair. Her Majefties Commiflion to the D. of Argyle, to reprefent her Royal perfon, read. The Chancellor's commiflion, the Re- gifl;er'8, the two Secretaries, Treafurer-Deput's, Jufl;ice Clerk's commiflions read. Salton oppofed Jervifwood's being a member as Commiflioner for Clydfdale, having accepted and oflBciat as Treafurer-Depute. Anfwered, tho' that be true, yet, his commiflion never having been read and recorded in Parliament, and there being now another in that oflBce, he fhould not be rejected. None did fecond his motion, fo it was let fall. The Rolls called. The Earls of Errol and Weems admitted new members. Tillibodie, for Clackmannan, being a controverted Commiflioner lafl; Seflion, 1705. AND PRIVY COUNCIL. 163 and his competitor being dead, they having been equal in votes, was by vote of the Houfe admitted, tho' fome were for a delay. The Parliament adjourned till Tuefday next at 10 a clock. Prayers faid [2. — Tuesday, July 3. Prayers faid. Rolls called. Palgown allowed to vote till Laird Mur- doch and the Ihire make their objections. L. Preftonhall for Chanory of Rofe, and [James Black for Dyfart] admitted. The Minutes read. The Queen's Letter read, bearing in the firft place a Nomination of the Proteftant Succeflbr ; then an Act for a Treaty with England ; thirdly, a Supply ; 4°. The nomination of the D. of Argyle for her Commiflioner ; 5°. Inftructions for good laws. Then the Commiffioner had a ftiort fpeech ; and the Chancellour a fpeech : Moved and agreed to be printed. The Parliament adjourned till Friday next at 10 a clock. Prayers faid. 3. — Friday, July 6. Praiers faid. Rolls called. Minutes read. A Propofal given in by the Marquifs of Annandale, that the Parliament goe into the confideration of fuch Limitations and Conditions of Government, as Ihall be judged proper for the next Succeflbr in the Proteftant line. Given in by the E. of Marfliall. — Refolved, That the Houfe, before all other affairs, will make fuch a Regulation of the Trade and Coyne of the Kingdom, as may be moft for the advantage of the nation. Given in by the E. of Mar.— Refolved, That the Houfe will proceed, pre- ferable to all other bufinefi, to take into their confideration the Nation's circumft:ances as to England, and how to enter into a Treaty with them. It was noticed, the laft two came in with an exclufive Refolve. Some thought it fhould be by way of Propofal ; fome were for Committing. D. Pam. faid. He would then be for a Committee of the whole Houfe ; for 161- OCCURRENCES IN PARLIAMENT 1705. he thought they were matters of fuch importance as all fliould underftand, and he knew not if he would be upon a Committee. After many hours' de- bate they came to vote, 1. Whether the Parliament fliould firft take to con- fideration the Trade and Money, or the Regulations of the Succeflbr : car- ried, The Trade and Money, by a vafl plurality. 2. 'Whether by way of Exclulive Refolve, or by way of Propofal : carried, by about 36, By way of Propofal. The Parliament adjourned till Tuefday next [at] 10 a clock. Prayers faid. 4. — Tuesday, July 10. Praiers faid. Rolls called. Minutes read. The controverted Election of the Ihire of Wigton, between [Palgowen] and Comlodden, alias Laird Murdoch, called, and fome general objections repelled, particularly, that there was 11 parifli churches where advertifement was not given, in re- fpect, all the freeholders thereof were prefent. They came to make objec- tions againft other's commiffions, and both agreed to take 20 dayes to ve- rify thefe, and diligences were granted. A Propofal for remeid of the Coin given in by Jervifwood, in four arti- cles, taken out of Mr. Law's book. 2. An Act for prohibiting Importation of manufacture, of flax, hemp, or cotton. 3. An Act for a duty of 4 pounds per boll on Irifli victual. The Parliament adjourned till Thurfday next at 10 a clock ; and thefe propofals ordered to be printed. Praiers faid. 5. — Thursday, July 12. Praiers faid. Rolls called. Minutes read. Reafoned on the Overtures given in ; and the Act for prohibiting Importation of Linnen, &c., and of Englifli and Irifli butter and cheefe, marked A firft reading. Parliament adjourned till the morrow at 10 a clock. The Act for ad- journing the Seffion read, and prefTed to be marked A firft reading by the 1705. AND PRIVY COUNCIL. 165 Chancellour, Annandale, and Marchmont, and put to the vote : carried Not. Prayers faid. 6. — Friday, Jdly 13. Praiers faid. Rolls called. Minutes read. Some moved To go to the confideration of the Coin ; others, To the Trade ; which was aggreed to, and firft confidered the Act prohibiting Importation of Linnen, &c., to which was added laces and points, and voting delayed. Then proceeded to the Act about butter and cheefe, and after amendments, it was voted and ap- proven. The Parliament adjourned till Tuefday next at 10 a clock. 7. — Tuesday, July 17. Praiers faid. Rolls called. Minutes read. A new member admitted for the town of Air, in place of Mr. [Alexander] Cunninghame deceafed, for the Election of whom the E. of Eglinton went to the place. D. of Ham., after an introduction, propofed the Parliament may enter into the laft years' Refolve, which was done this fame day 12 months. It was much debated, to be contrary to the method agreed to, feeing laft Sede- runt they were upon Trade not yet concluded ; but, after a long reafoning about this, and about the ftate of the vote, it was put to the vote. Approve of the Refolve or Not : carried Approve, by about 45 votes. Parliament adjourned till Friday next at 10 a clock. Prayers faid. My L. Belhaven was for the Refolve ; Marquils of Montrofe, Twedal, and reft of that party was againft it. < ■•'*'* '*^ ' ''<-^ ' ^'^ ■ .'1 auuyj 1 8. — Friday, July 19. [20.] Praiers faid. Rolls called. Minutes read. Marquifs of Twedal gave in a Draught of a Letter, in anfwer to the Queen's Letter, honouring it, and fiiU of refpect to her concern for our religion, and intereft of the nation, and 166 OCCURRENCES IN PARLIAMENT 1705. [of] refpect to the D. of Argyle, her Majefty's coramiffioner. The D. of H., Grant, &c. fpoke againft the method of bringing it in. The E. of March- mout fpoke to the Duty of anfwering the Queen's Letter, &c. ; but it was thought fit to let it lye on the table. Draught of an Act for a Treaty with England, given in by the E. of Mar. ; another to the fame purpofe by the Marquifs of Lothian. Draught of an Act for Regulation of Elections of Officers of State, Privy Counfellors, and Members of Excheker, by the Parliament, in cafe of a Succeffor not of the Queen's body, but to continue in office for 6 years only, given in by the E. of Rothes. One for encouragement of White Fifhing, Herring, and Salmond, by the Proveft of Edinburgh. Another for Herrings, with a drawback, by Sir Th. Burnet. One forbidding the Importation of Forraign Spirits, by [blank in the MS.] Then came to confider Dr. Chamberlain's propofal for the Coin ; and long difcourfes were by the E. of Marchmont for it, the D. of Ham., who was very pleafant againii it, E. of Stair, who feemed to be for the midle way : All agreed it was a matter worthy of deep coufideration, and appointed the fecond Sederunt next week for it. The Parliament adjourned till Tuefday next at 10 a clock. Prayers faid. 9 — Tuesday, July 24. Praiers faid. Rolls called. The D. of Queenfberry's commiilion to be Ld. Privy Seal, read, and he qualified. Minutes read. Proceeded to the reading the Act for Herring Fifliing, and fifliing of White Fifli, given in by the Proveft of Edinburgh ; and marked A firft reading. I came out before the Parliament rofe. 10. — Friday, July 26. I fhall henceforth be more fuccinct in the forms which may be gathered, from the Minutes, . 1705. AND PRIVY COUNCIL. 167 This day was difcufled the competition for the Commiffioner of Wigtou, between Palgown and Coralodden, or Laird Murdo ; where the Parliament found, that notwithftanding the Meeting of the I reeholders be contained in the Minutes, and the objections marked and figned by Cardonnes and the Clerk, yet, that the Act of Parliament [16] 81 requiring inftruments, they found this was not an inftrument, albeit it was alledged, That an inftrument being but documentum ret geftce, the Minutes produced were fucb, in refpect that it was alledged the 500 merks of fine could not be recovered upon thole Minutes. It was on the other fide alledged. If formal inftruments were ne- ceflary, there behoved alwayes a notar and two witnefles to be in readinefs, albeit the doors behoved to be clofe, and all but freeholders removed. Some Overtures given in about a Council of Trade, &c. The Parliament to meet to morrow. 11 Tuesday, July 31. This day the Marquifi of Lothian gave in an Overture for an Act of Treaty with England. L. of Salton had a long harangue againft a Treaty, till the injurious Act of the Englifli Parliament were taken out of the way ; and fpoke of the King of Pruffia to be named. He gave in a Re- folve; and the Duke gave in another as an addition, To proceed firft to Trade, Limitations, and Regulations. So the queftion was ftated. Limita- tions or Treaty : carryed Limitations by 4 votes. The Throne was all for a Treaty. 12 — Thursday, Aug. 2. Moved this day by the Chancellour, To proceed to Trade ; others. To pro- ceed to Limitations ; much time fpent, all to which of the two to proceed, fo that I came out. I am told the debate ended in a vote, Whether agree firft to go on Trade, then on Limitations ; or Refolve to do fo in the terms of a motion by Mr. Dowgal Stewart, and given in writing by My Ld. Bel- 168 OCCURRENCES IN PARLIAMENT 1705. haven : carried Agree ; and it is agreed The firft four Sederunts to be upon Trade, the next four on Limitations. The Parliament [to] meet to morrow. 13. — Friday, Aug. 3. 14. — Tuesday, Aug. 7. The Parliament has been on the Act for encouraging Herring Fifliing, &c., and not yet finiflied it. 15. — ^Wednesday, Aug. 8. This day the Act for encouraging Fifliing finiflied and voted. And the Act for a Counfel of Trade, read, and marked A firfl; reading. A petition be Mr. Geo. Campbel read, craving an Act in his favours, concerning making Salt better, and in greater quantity, with the fame expenfes as now it is made ; — To be confidered firft next Sederunt. Prefented and advanced by my L. Balmerrino. The Parliament to meet to morrow. 16. — Thursday, Aug. 9- Proceeded to the Act for a Council of Trade ; and finiflied it all to the nomination of the Councillours, after granting Mr. Campbel's petition. 17. — Friday, Aug. 10. The queftion was, "Whether the Queen ftiould have the Nomination of the Councillors of Trade, or the Parliament ; and it being long debated that it was the Queen's prerogative : carried by vote. That the Parliament fliould have the Nomination. And it being moved. That fome might be fet to be em- ploied that were not Members of Parliament, particularly Sir Ro'. Black- wood ; the Parliament generally inclined that the Election fliould go by the three Eftates feparately, as Committees go, and not by the whole Houfe, as was the defign of the faid motion imder a cover, as the Regifter exprefl'- 1705. I AND PRIVY COUNCIL. 169 ed it, and which Salton challenged, and afked What was the meaning of that expreffion. He was told, worfe expreffions were ufed, as Chicane, which he had ufed, of a pleading of Sir Dav. Dalrymple's yefterday. The Parliament adjourned till Tuefday, when Members were defired to have their lifts in readinels for the faid Council. ) 18. — Tuesday, Aug. 14. The Parliament being met, the E. of Marchmont moved. The Eftates, when they feparate, may chufe their 7 councellors each for the Council of Trade, by billots. This was feconded by the D. of Hamilton, preffed by Salton and the Ld. Belhaven, and tenacioufly pled for by Sir Patrick Home. It was objected, that way was exprefely prohibite by A, of P. 1663, and branded as pernicious and dangerous ; yet, ftill it was infifted in. It was alledged, that voting was prohibite, not voicing, and this was voicing. Sal- t[on faid,] Very far from voicing, which is to do a thing audibly and avow- edly, and voicing and voting are the fame thing. At length the D. of AthoU, E. of Marfliall, &c., moved To let the debate fall, as exprefsly contrary to law. Then the Noblemen went to the Inner Houfe, the Burrowes to the Commiflar's Court, and Barons fate ftill. The Commiffioner went up to the Treafury room. Returned of Nohlemen. — Marquils of Lothian, E. of Mar, E. of Buchan, E. of Hyndford, E. of Stair. — Barons. — Sir Ro'. Dickfon, Carnwath, Sir John Swinton, Jervifwood, Kilmaronnok, More of Stoniwood, Sir Thomas Burnet. — Burrows. — Sir Pat. Johnfton, H. Montgomerie, Sir Ja. SmoUot. 19. — Wednesday, Aug. 15. La. of Salton gave in 1 2 Articles of Limitations. E. of Rothes moved. The Act formerly given in by him might be read. D. Ham. and D. of Athol moved, The Act for a Triennial Parliament might be read. The whole day was fpent on what they fliould begin, and a diftinction was made Y IW OCCURRENCES IN PARLIAMENT 1705. of Regulations of the prefent Conftitution, and Limitations on the Succel- for. It was moved by Salton, That the Articles given in by him might be by way of Claim of Right, not needing the Queen's confent; but this did not take. At laft, after 7, voted. That next day the Parliament would firft take to confideration the E. of Rothes' Act. Then the L. Belhaven's about the Triennial Parliament. 20. — Thursday, Aug. 16. Refers to the Minutes. 21. — Tuesday, Aug. 21. 22. — Wednesday, Aug. 22. I being unwell, kept the Houfe ; refers to the Minutes. 23. — Friday, Aug. 24. The day almoft all fpent on what they fliould proceed to. The bufinefs of the Plot moved To come in 3d Sederunt next week. 24. — Saturday, Aug. 25. Was upon the Act for the Treaty ; and Salt[on], Belhaven, and in end, the Dukes of Ham. and Athol fpoke agaiuft Treating till the Injurious Act of Parliament in England were refcinded. Mr. Dowgal Stewart, It might be a claufe in the Act not to enter on the Treaty till that Act were refcinded, or a claufe of the Inftructions. The E. of Stairs had an excellent and learned difcourfe, taking off all the objections propofed. E. of Cromar- ty fpoke for the Treaty ; but nothing determined, but to proceed to it firft next day. 25.— Tuesday, Aug. 28. Salton gave in an Addrefs to be fent by the Parliament to the Queen, in- ftead of the Act of Treaty. It was read before I came in, fo I know not 1705. " AND PRIVY COUNCIL. 171 what is in it. The debate run long, whether an Addrels or Act for a Treaty, which yet was not to exclude an Addrefs ; after long and fome hot debates, at length agreed, That the Act given in by the E. of March, fhould receive A firft reading, but not to be paffed at next diet, when it fliall be proceeded upon. A claufe given in by the D. of Athol, That the Commif- fioners fliall not meet, untill the Englifli Act of Parliament, formerly men- tioned, were refcinded ; which claufe is to be confidered with the Act. 26. — Wednesday, Aug. 29. 27. — Thursday, Aug. 30. The Parliament was on private bufinefs. 28. — Fkiday, Aug. 31. fi Was on the Act for the Treaty, and came to near a clofe of it. 29. — Saturday, Sept. 1. Salton moved. The claufe about the Church be left out ; but let fall. The D. of Athol moved. His claufe might be added ; and being put to a vote, car- ried Not in that Act be 12 votes. Then the quellion moved. How the Com- miffioners fliould be name[d]. D. Ham. moved. It might be by the Queen. Salton oppofed that moft bitterly. Put to the vote, and carried by about 40, It fliould be by the Queen. So the whole Act was voted and Appro ven. 30. — Tuesday, Sept. 4. Refers to the Minutes. 31. — Wednesday, Sept. 5. . '-'^ Was not in the Houfe. 32. — Thursday, Sept. 6. 33. — Friday, Sept. 7- Refers to the Minutes. .-; 172 OCCURRENCES IN PARLIAMENT 1706. 34. — Satukday, Sept. 8. The Act for the Supply 6 months, two at Mart., 2 at Candl., and 2 at Lam. next ; and 1 month at Mart. 1706, for 400 pounds Sterling to Mr. Hodge, 400 pounds Sterling to Mr. Ja. Anderfon, and 400 pounds Sterling to W™. Bayne, in part payment of what was due to his deceaft brother James, for his work at the Abbey, and the reft for rigging out the Royal William, and keeping her out 8 months for a convoy, &c. Retention of 1 of 12 of annual rents, from Mart. 1705, to Mart. 1706. The whole Act voted and carried. 35. 36. 37. 38. 39- 40.— [Sept. 11, &c.] For which refers to the Minutes. The 40 was on Friday, Sept. 21, 1705, when the Parliament was adjourned till Dec. 20. next. FOURTH SESSION. After many Adjournments, and the Meeting and Concluding of the Articles of Union between our Scots Commiffioners and the Eng- lilh Commiffioners, the D. of Queenlberry being nominated Com- raiffioner to this Seffion of Parliament, the Parliament met on Thurfday, Oct. 3, 1706. 1.— Thursday, Oct. 3, 1706. Prayers laid. The D. of Queenfberry's commiffion read. Rolls called. Sir Al. Bruce of Broomhall defired to be called, as E. of Kincairden, being heir male, and produced Kincairden's patent to heirs male. A Petition be Lady Mary Bruce, fifter to the late Earle, reprefenting her brother had granted a difpofition to her of the eftate and refignation of the title of ho- 1706. AND PRIVY COUNCIL. 173 nour, failing heirs of his own body, in her favours, which Ihe had given to Broorahall, that refignation might be made by him as procurator ; and he granted receipt of it, and obliged himfelf to redeliver it upon demand, which is produced. Sir Alex', prefled to proceed inftantly. The vote was put, Proceed or Hear upon the petition next Sederunt : carried by a great many to Hear. The Advocate was for Sir Alex', in his debate and vote. The Comraiffioner delivered the Queen's Letter, which was read. . The Comraiffioner had a fpeech, as alfo the Chancellor. All which are ordered to be printed. The Articles of the Union in number 25, read, of 26 pages in folio : Or- dered to be printed. The Minutes of the Commiffioners craved to be produced and read ; and not being ready, craved and ordered to be printed. The Parliament adjourned till Thurfday next, at 10 a clock. Prayers laid by Mr. David Blair. 2. — Thursday, Oct. 10. Told that the Orders of the Houfe were called. The caufe between Broom- hall and Lady Mary Bruce was called ; debate advized, and the vote put. Admit or Not: carried by 13 votes Admit. The Parliament adjourned till Saturday next. Concluded with prayer. «i '-^ 3. — Saturday, Oct. 12. The printed Minutes of the Commiffioners of Treaty publilhed and dif- perfed amongft the Members, &c. The L. Oliphant admitted. Moved the Houfe might proceed to the confideration of the Articles of Treaty. Pardovan moved There might be a Faft within the city. This occaiioned a long jangle, being feconded by M. L. Belhaven, D. of Hamil- ton, Salton. Kilmaronnock, &c. ; oppofed by the E. of Marchmont, Stairs, 1T4 OCCURRENCES IN PARLIAMENT 1706. Sutherland, Ld. Juftice Clerk, Jervifwood. The Marquifs of Aiinandale propofed a Delay, till it was known what the Commiffion of the Aff. did, who had it under their confideration. Agreed, The Articles fliould be read, and they were read. Members were allowed to propofe queftions upon them, but none did. Then agreed. The Parliament lliould enter on the con- fideration of them next meeting. Before this. Sir Th. Burnet moved, They fhould firft confult their conftituents. Then agreed. The Faft fliould be de- layed, till it were known what the Commiflion of the G. Aflembly did. Alfo Refolved, That the Treaty 1604, and Minutes thereof, be laid before the Houfe, or any Members that defires to fee them. 4. — Tuesday, Oct. 15. After reading the Minutes, it was long debated, If it was right minuted that the Parliament would go into the confideration thereof next Sederunt, and D. Ham. D. Athole, L. Belhaven, Salton, L. Balmerino alledged, It was not acquiefced to ; others faid, they heard it was fo agreed to, and in end the Parliament acquiefced in the Minutes. Then propofed by M. L. Belh. That a week hence they fliould go in to the confideration, then a week on debating, and lafl;ly, to make fome conditions. M. Annand. was for a de- lay. Montrofe, Rothes, Roxburgh, &c. were for proceeding. D. Ham. moved. They might proceed without a vote. The L. Belh. craved a vote ; and carried, as the Clerks marked, by 66 votes, Proceed to the Firfl; Articles ; and the Minutes relating thereto, and the Commiflion to the Scots Commif- fioners were read. The Parliament adjourned till Thurfday next. 5. — Thursday, Oct. 17. Proceeded in reading the 2—8 Articles and Minutes relating thereto, and clearing the meaning thereof. The Addrefs of the Commiflion of the Gen. Aflembly read, and appointed to be printed. 1706. AND PRIVY COUNCIL. 175 Adjourned till Saturday next. 6. — Saturday, Oct. 19- The Parliament proceeded to read Articles 9 — 15 ; but on this there was a debate, if they fliould norainat Calculators ; and the debate adjourned till next Sederunt, and the Parliament adjourned till Tuefday next. 7. — Tuesday, Oct. 22. The Parliament aggreed. That next Sederunt there be 3 of every State chofen by the E dates for examining the Calcul. of the Revenues and Pro- portions in the end of the Minutes. Then proceed[ed] throw Article 15, where there was much reafoning. And the D. of Athol gave in a kind of Refolve, That before the Parliament agreed to the Union, the Parliament of England Ihould refound the lofles of the Africa Company betwixt and February next ; and nothing done in this, but left to the freedom of any two Members to bring it in in due feafon. Proceeded to Article 18. where it was inftanced by Stoniewood, That in England there is 15 Ihillings paid of cuftom on the Bufliel of linfeed, and in Scotland 5 groats on the Hogftiead, fo that, if we be liable to the Englilli duty, it would deftroy our linnen trade. The Parliament adjourned untill to morrow. 8. — Wednesday, Oct. 23. The Parliament gave warrant for citing the L. Boyle and his fon's credi- tors to hear them get a protection. Then the Eftates feparated, and brought in each 3 for a Committee. By the Nobiliti/, — The Mar. of Montrofe, Prefident of the Council, The D. of Argyle, The Mar. of Twedal.— J?«row*.— S . Al. Campbel of Cef- nock, Geo. Baillie of Jervifwood, Jo. Haddon of Glenealis. — Burrows. — 176 OCCURRENCES IN PARLIAMENT 1706. Alex. Inglis for Ed'., C. Jo. Arflsin for Stirline, H. Mongomorie of Bulbie for Glafgow. Then the Parliament proceeded on Article 18, and it was craved. The Act of the Parliament of England concerning Cuftoms and Excife might be printed. Others moved, The Englifli book of rates might be printed ; fo the queftion was moved. Print or Not. Others were for Remitting to a Committee for giving fatiffaction and clearing any Member ; and after a long debate and candles lighted, moved the debate flioiild be Adjourned ; which was agreed to, and the Parliament adjourned till Friday. 9 Fhiday, Oct. 25. The Chancellor told the Parliament, He was ordered by the Privy Coun- cil to reprefent to them, That lince their laft meeting there happened a mob in the town ; and even before the Parliament's rifing in the Parliament Clofe they attacked the E. of Errol's Guards, and offered to burft up the door ; That they went down the ftreets crying, and infulted the Members of the Houfe and particularly had come to S'. Patrick Johnfton's Houfe with fore- hammers, &c. ; That the Council finding the tumult increafed to the num- ber of 1000, and that the Town was not able to compefce it, the Council thought fit to fend in fome of the regular forces for the fafetie of the town and Members of Parliament. Salton moved. That iuch of the rable as were apprehended, might be tryed by Errol's court, to whom it belonged, but he faid he thought the forces being kept in town, was an incroachment upon the privilege of Parliament. To this purpofe fpoke D. Ham. D. Athol, My L. Belhaven, L. Balmerinoch, E. Kincairdin, &c. Others faid Not, for they were for the preferving the Parliament from the infults of the mob. The Advocat brought in a motion. To thank the Council for what they had done, and to recommend to them to ufe means for keeping the peace. D. H. &c. were for dividing the motion ; fo it came in end to be voted, Separately or Jointly : carried Jointly be about 56 votes. Then the vote was. Approve the 1706. ". AND 'PRIVY COUNCIL. 177 motion: carried Approve. But the E.of Errol, in his own name, and all fhould Adhere, gave in a Proteftation, That the motion was againfl his privilege, &c. 10.— MuNDAY, Oct. 28. After reading the Minutes, and expunging fome who neither were pre- fent nor Adhered to the Proteftation ; and refufing the Ld. Duffus, who came but to Scotland the other night, the faid Lord was admitted ; and a Patent to L. Archibald Campbel to be E. of Ifla read, and he admitted. Moved by the D. of Athol, That on Thurfday next the Faft-day fermon fliould be in the Parliament Houfe, and Mr. Geo. Meldrum and Mr Geo. Hamilton appointed to preach ; which being reafoned upon, and Salton ha- ving alledged. That if he would tell what he knew, thofe of the Commiffion who were for that manner of the Faft, would be afliamed to hold up their faces; he being challenged by feveral Honourable Members of Pari', who were alfo Members of the Commiffion, the bufinefs with fome ftrugle was let fall. Then read over the 18. Article, and rough reafoning upon it, as contrary to the Claim of Right, between the Marq. of Annandal and the E. of Stairs. And read Articles 19, 20, 21, with the Minutes ; to be further confidered next Meeting, and the Parliament adjourned till to morrow. 11 Tuesday, Oct. 29. The Parliament proceeded and read to Article 23. inclufive, but betwixt, Salton faid, The Commiffioners on the Treaty had betrayed their truft ; whereupon he being challenged, he faid He could not get fofter words. So it was moved, He fliould go [to] the bar. Some plead the Claim of Right for him ; others faid other things ; at length he faid. If he had offended any perfon by what he faid, he was forry for it. So that bufinefs was let fall. 12. — ^Wednesday, Oct. 30. The Parliament reconfidered the Articles read yefterday about Prece- z 178 OCCURRENCES IN PARLIAMENT 1706. dency, &c'. ; and read out the reft, where was moved by the D. of Hamilton, The Sacramental Teft, which made an inequality, whereby Scotfmen are barred from imployments in England, but Englilhmen are not barred from imployments in Scotland This, as momentous, referred to further confideration. An Act, prefented by the E. of Glafgow, for adjourning the Seffion, read, and marked A firft reading. Adjourned after 3 till Friday next. 13. — Fridav, Nov. 1. After a propofition made by My L. Marchmont, To proceed to the confi- deration of the Firft Article of the Treaty of Union, and reafoning for a re- cels to confider of it, and to advife with conftituents ; M. L. CoUinton gave in an Addrefs, by 6 heretors of Mid-Lothian, Bothwel of Glencrofi, Deans of Woodhoufelie, Drummond of Hathorndean, Sir John Ramfay of ^Vhitehill, Rofs of Cockpen,[John] Lauder younger of Fountainhall, and a great many fermorers and tennants, &c., fliowing, That there being a Treaty of Union before the Parliament, they intreat and confidently expect the Parliament will not go in to it, contrary to the honour and independency of this king- dom ; obliging themfelves with their lives and fortunes to defend the inte- refts and privileges of this kingdom, the Claim of Right, and Church efta- bliflied by Law. Another from about 24 heretors in Weft-Lothian ; 3 from Perthfliire, wherein is no mention of the Church. Refolved, That next Se- derunt the Parliament will proceed to confider Whether to enter upon the 1ft, or any other Article, Adjourned till to morrow. The Seffion adjourned till 1. December. 14. — Saturday, Nov. 2. Proceeded to confider What Article fliould firft be under confideration. The Regifter gave in a motion. That the Parliament will proceed firft to confider Article Firft ; but fo as, unlefs all the other Articles be adjufted, it 1706. AND PRIVY COUNCIL. 179 Ihall be of none effect. And after the 1ft Article the[y] will proceed to fetle the Church as it is now fettled by law, in doctrine, difcipline, worfhip, and government. Pardovan gave in a vote. That the Parliament will firft fetle the Church, before confidering any of the Articles. So the queftion was Firft or Second : carried Firft by about 36 votes. Then proceeded to confider the Firft, as to which Pitmedden read a long fpeech. My L. Belhaven had a long difcourfe, and Salton, and the Marquils of Annandale, M. L. March- mont, &c., and long debate till near 8 ; fo that of confent the matter was delayed till next Sederunt, and none to fpeak except as to new matter. The Parliament adjourned till Munday at 10 a clock. 15. — Monday, Nov. 4. After much reafoning and debate about the Firft Article, the D. of Athole gave in a Proteftation againft voting and Approving it, in his own name, and of thofe who ftiould adhere. The Parliament voted the Firft Article, and Approved thereof be 32 votes at leaft. The D. of Hamilton declared he had a Proteftation to give in on the peculiar concern of his family, but that he would not now trouble the Parliament with [it,] if he might be al- lowed to offer it at another time, which was granted. The Overture for an Act for Security of the Church, in cafe of an Union, given in by the Juft. Clerk, was read, and ordered to be printed. The Parliament adjourned until Wednefday. 16. — Wednesday, Nov. 6. After reading the Minutes, much time was fpent about the D. of Athole's Protefl;ation ; and all who were given in in a lift to Adhere were called to know if they Adhered, and they who Adhered are to have their names in- fert in the Minutes ; alfo all who approved not the Act were called, and all who did approve it were called, to know what their votes were, and all their names to be infert in the Minutes, — an extraordinary method. 180 OCCURRENCES IN PARLIAMENT 1706. Then Addrefles were read from the Royal Burrows ; but it was obferved that the Proveft of Edinburgh only, as prefes of the Meeting, figned it, whereas it was ufuall in Addrefles for all to fign. Item, That tho' the plu- rality carried the Addrefs, yet, that they were by far the moft inconfider- able in the Tax-roll ; the other were above 60 pounds, and they only 15 pounds. Then the Addrefs from the fliire of Renfrew, Falkland, Fife, town of Hamilton, were read. Then the Act for Security of the Church read and marked A 1ft reading. Act prefented by the E. of Glafgow, for a Cefi, read and marked A 1ft reading ; and he gave in a ftate of the funds former- ly laid on, and how emploied. The Parliament adjourned till Friday next. 17. — Friday, Nov, 8. After reading the Minutes, an additional Addrefs was given in by the Commifllon of the Gen. Aflembly, and read, relating to 6 particulars. 1. The Sacramental Teft. 2. The Coronation Oath. 3. Commifllion for Plant- ation of Kirks, and a Court for redreffing of Grievances, &c. 4. To free the Subjects of this Kingdom of all Oaths and Tefts, contrary to our prin- ciples. 5. To clear the Oath of Abjuration, which relates to feveral Acts of Parliament. 6. That joining in a Britifli Parliament, where are 26 bifliops, be not interpret a receding from their principles and covenants againft churchmen's having civil places and power. Some other Addrefles were read, and ten given in from feveral pariflies, by Laminton, where there was a controverfy with the Regifter, about payment of his dues. Lamin- ton having offered half-a-guinea for each, and the Regifter demanding a guinea ; left undecided. The reft left unread till next Sederunt of Parlia- ment, when half an hour is to be employed in reading Addrefles. ; Then read over the Act for Security of the Church, and when they, pro- ceeding to it by § ^., moved, That the Addrefs from the Church read this day ftiould be ordered to be printed : Anfvver, a Petition was never ordered 1706. AND PRIVY COUNCIL. J 181 to be printed ; but the Church has a printer, and they, if they think fit, may order it to be printed. Then moved, They could not proceed till Members underftood what was in that Addrefs. The D. of Athole moved. They fhould lay afide tliat Act, and proceed to the Act for the Supply, which was agreed to ; and it was read. There was a vote If the Annual Rents fliould be 5 or 5^ per cent : carried 5^ during the Supply ; and it was agreed and voted There fliould be 1 month payed at Mart, next, 1 month ^ at Candl. 1^ month at Whitf. 1^ month at Lam. 1^ at Mart 1707, 1 month at Candl. 1708. The Parliament adjourned till to morrow. 18. — Saturday, Nov. 9. Some further difcourfe about the Regifter's dues. Proceeded to the Act for Security of the Church. Moved, That fome other laws, as the Act anent Patronages be mentioned ; others oppofed it, and it was put to the vote, Add or Approve : carried Approve, for which D. Argyle and Athole, Sutherland, Hadington, Leven, Marchmont, Juftice Clerk, Prefident, Jer- vifwood, &c , was for Approving. Then came to the claufe about Mailers of Colleges and Univerfities, when Sir P. Home moved a claufe to be added for continuation of the being of Univerfities and Colleges. D. of Athol moved a delay, till it might be confidered how that claufe fhould be con- ceived ; feconded by D. Hamilton, Marflial, &c. upon which a long debate. L. Fountainhall moved that the claufe, as amended by Sir David Dalrym- ple, viz. That all the Rights and Being of Univerfities, conform to the ftand[ing] Laws be continued, be added in this Act, and any other Act be brought in for their farther fecurity to be alfo fundamental ; which may be brought in in feveral Articles of the Treaty. As Marchm. moved, the vote was ftated. Approve of the claufe as Amended, or Not, and the Rolls called the length of the Marquifs of Twedale ; then the D. Ham. and Ath. interrupted the calling the Rolls, and a long jangle enfued, which refolved in a vote, Approve or Not ; and carried Approve. 182 OCCURRENCES IN PARLIAMENT 1706. The Parliament adjourned till Tuefday. 19. — Tuesday, Nov. 12. After an half hour on Addrefles, the Parliament proceeded to the Act for Security of the Church ; and my L. Belhaven gave in a Proteftation in his own Name, and all fliould adhere to him, againft paffing it, as not fufficient for its fecurity. And moved by the D. of Argyle, That the names of fuch as voted for or againfl the Act be marked ; and in end, the Act was put to the vote ; and it carried by 112 Approves, and 38 Noes. The Parliament adjourned, till Thurfday next. 20.— THtmsDAY, Nov. 14. After reading fome Addrefles, the L. Regifler gave in a paper thus : Moved, That the Parliament proceed to the Second Article, but fo as that the approving thereof fliall be of no effect untill all the other Articles of the Treaty be adjufted and ratified by an Act of Parliament, and the fame be agreed to by the Parliament of England. Sal ton gave in a Refolve, To pro- ceed firft to the 4*^. Article. A long debate was, which to proceed to ; and moved by the D. of Ham., That their names Ihould be printed, how every one voted ; and the vote being put : carried to proceed to the Second Ar- ticle be 26, or, as I counted, 27 votes. The Parliament adjourned till the morrow at 10 a clock. 21. — Fkiday, Nov. 15. A Reprefentation from the Church of the encreafe of Popery, Immorali- ty, and Iri'egularities, craving fuitable remedies, and particularly fetling the Succeflion in the Proteflant line. Several Addrefl^es read. Then came to con- fider the Second Article of the Treaty. D. Ham. had a difcourfe directed to M. L. Commifllioner, craving a Recefs untill His Grace acquainted the Queen with the general averfion of the nation, appearing by the multitude of Ad- 1706. AND PRIVY COUNCIL. 183 dreffes prefented, and till fhe lignified her mind further. Others moved an Addrefs by the Parliament to the Queen. After long debate and fharp ex- preffions between M. L. Stairs, Belhaven, the Maiquils of Annandale, and D. Ham., moved To proceed and Approve the 2*. Article. Belhaven moved, The vote ftiould run, Approve or Addrefs, and it came to that, Approve or Not, or Addrefs or Not : carried Approve or Not. Then the vote was craved. Approve or Not be 63. Then moved the vote. Approve or Not. D. Ham. and others faid. They behoved to be heard fpeak on it ; others op- pofed that, and a great clamour was for a long time. Then moved. That a previous vote fliould be. Proceed or Delay. Others moved. That firit the Englifli Acts related to in the Second Article lliould be read ; which was done, and the vote was put, Proceed or Delay : carried Proceed be 39 votes. Then voted. Approve or Not : carried Approve be 58 ; the E. of Marftial having firft given in Proteftation againft the vote in his own name, and thofe ihould Adhere to him ; and feverals cried out Adhere. 22. — MuNDAY, Nov. 18. After the Minutes, and fome other Addrefles read, came to the Third Ar- ticle, and fome reafoning why they fhould proceed firft to Article 4. ; and be- ing voted, carried be 25 votes to proceed to the 23*. Article. Then reafoned upon it. M. L. Fountainhall moved, upon fuppofition of approving of the fame. What fecurity there would be for obfervance and performance. After many others fpoke, D. Ham. gave in a Refolve, That the Reprefentatives from North Britain fliould have a negative in matters eflential and fundamental in the Union, and upon incroachraent, the Union be ip/o facto diflblved. It was anfwered by M. L. Stairs, That the proper time of fpeaking to the war- randice, was, when they had gone throw all the Articles. So the Refolve was left to ly upon the table, and coming to the vote, a Proteft was given in by the Marquifs of Annandale, and the Adherers defired to declare their Adherence with their vote ; and the queftion being put, it carried Adhere by IM OCCURRENCES IN PARLIAMENT 1706. 30 votes, as I reckoned. One of the Addreffes was from the Miniflers of the Prefbytery of Lanerk. Adjourned till the morrow. 23. — Tuesday, Nov. 19. After reading the Minutes, and an Addrefs from the town of St. An- drewes. Petition be Sir Patrick Home, and calling for Anfwers to Grant's Petition, which is remitted to any commiflion to be named this Seflion of Parliament, or failing thereof, to the Lords of Seflion ; the D. of Athol propofed to add to the 3^. Article, That the Parliament of Great Britain fit in Scotland once in the 3 years ; which, after fome debate, was delayed, and the confideration thereof to be taken in upon Article 23. M. L. Chancellour had told the Houfe, that yefternight there was a mob ' infulted the Q. Commiflioner by throwing of ftones, and moved. Some courfe might be taken to enquire who were authors and abettors thereof, and for preventing thereof in time coming. Some difcourfe was thereon, and it was told the Commiflloner's fervants were beat, wounded, and robb'd. Some were for remitting the tryal to the ordinary court ; but it was faid, this was not a tryal but an enquiry, and after fome reafoning, the fame was remit- ted to the Committee already named. The Proveft of Edinburgh being called for, he was afked Why nothing was done againft them who were pri- foners for the laft mob ? It was anfwered. That the Town defired their At feflbrs might fit with Mr. W". Black, the E. of Errol's depute, and they were ready to furnifti probation. Mr. Black being prefent, made anfwer, but I know not what it was ; fo it was recommend to them to infifl. Proceeded on Article 4. Salton had a long difcourfe, fliowing the Difad- vantages of the Communication of Trade with England. Sir Dav. Dal. had a long difcourfe of the benefits thereof. Salton alledged. There was a heap of 20 particulars fpoke to, and moved they fliould fpeak to diftinct branches feverally. Sir Th. Burnet moved, What concerned Trade in the 1706. AND PRIVY COUNCIL. 185 Articles, might be remitted to a Committee. It was told, by what had been moved (by Salton), was an evident defign to protract and delay bufinefs. The Chancellour moved. If Members were not ready, they might think on it till next Sederunt ; which being acquiefced in, the Parliament was adjourned till Thurfday next. ; 24. — Thursday, Nov. 21. After the Minutes, difcourfed a confiderable time on Article 4, and it was approven be 156, and 19 Nos. Then proceeded to Article 5, and after fome difcourfe, an Amendment was given in by the Royal Burrows ; another by the D. of Ham. ; and after Ibrae reafoning, adjourned the debate ; and the Parliament adjourned till Saturday next, precilely at 10. 25.— Saturday, Nov. 23. After reading the Minutes and fome Addrefles, proceeded to Article 5, and the Prefident of the Seflion gave in an Amendment from the Committee of the Burrows, That all lliips and veflels that Scotfmen have a fhare in the time of concluding the Union by the Parliament of Scotland, fhould be reckoned of the build of Great Brittain, they purchafing the fhares of the ftrangers within a 12 month after 1. May next. L. Belhaven gave in an Amendment, That it fhould be after concluding of the Union by both Par- liaments, and 6 months thereafter. It was put to the vote, and carried as the Prefident gave it in. Then the claufe about Regiftration was voted and approven. The Parliament adjourned till Tuefday next. 26.— Tuesday, Nov. 26. After the Minutes, and fome Addrefles, feveral Petitions and Acts for 2 a 186 OCCURRENCES IN PARLIAMENT 1706. feveral burghs, for 2 pennies on the pint for 19 years, read, and marked A firft reading. Then proceeded to Article 6. of the Treaty, and feveral difcourfes were made, about condefcending on the Impofitions in England, and of the Cuf- toms in Scotland, which refolved in this, That the fcheme now ready made by the Council of Trade be laid before the Houfe, and the Debate to be re- fumed without intervening of any other matter. Adjourned till to morrow at 10 precifely. 27. — ^Wednesday, Nov. 27. After the Minutes, and fome AddrefTes, one of 6 or 7 fheets of fubfcrip- tions from Mid-Lothian, proceeded again to Article 6., and moved. It fhould be committed. Voted, Committ or Not : carried Committ. Moved, To committ to the Committee already named, or a New one ; others moved. Add or Not : carried Add. Then the queftion was, Add to the prefent Com- mittee, 2 or 4 : carried 2. So the Parliament was adjourned till the morrow. 28.— Thursday, Nov. 28. The Eftates having feparated, they brought to be added to the prefent Committee, For the Nobility — The Earles of Haddington, Cromarty — For the Barons — The L. Minto, Sir Th. Burnet of Leyes — For the Bur- rows — Sir John Erlkin, Sir Peter Hacket. Proceeded to the confideration of Article 7., which refolved in a queftion about the Excife of Ale ; with an Amendment given in by Scot of Logie, That all twopennie ale bear never "higher excife then what it prefently bears, and it may be cheaper by mannagement, and the excife may be taken away, feing it is not annexed as it is in England ; and another addition of- fered by the L. Belhaven, That the twopennie ale pay no more excife than the penny beer in England, which was alledged would diminifli the equiva- 1706. AND PRIVY COUNCIL. Wt lent granted by England. The vote went approve of 1ft or 2d Amendment : carried the Firft be 33 votes. Parliament adjourned till to morrow at 10 a clock. 29.— Friday, Nov. 29. After reading of the Minutes, the Chancellour told he was ordered by the Privy Council to lay before the Parliament, That my L. Commiffioner and others had received advice from the Magiftrates of Glafgow, that they had been lately infulted by the mob, not fo much by thofe of the town as thofe from the country, demanding money and arms ; that the Town had fupprefled them, and hoped to keep the peace there. As alfo, there was advice from the Magiftrats of Drumfries, that about 420 foot and 120 horfe, commanded by one Harries, came to the town after the Town's endeavours to refift them, but in vain, and there drew up and burnt the Articles of Treaty of the Union ; which latter were read. [The] proclama- tion they made was read, and it was moved, Some courfe might be thought upon for fuppreffing thefe infolences ; and a proclamation was offered, men- tioning the fliire of Cluidfdale, and the neighbouring fhires to Drumfries. The D. of Hamilton and M. of Annandale oppofed it, feing there was no fpecial information againft them. So the Commiffioner told, he had advice there was irregular meetings in Cluidfdale. Others condefcended on Kirk of Shots, Lefmahago, and Stennhoufe, where feveral letters unfubfcribed were dropt, [to] require feveral parifhes to meet arid rendezvous, and be ready on a call with 10 dayes provifion. Then the proclamation was ob- jected againft for forbidding all affemblies in arms during this Seffion of Parliament. It was alledged to be a fufpenfion, not a refciffion of the Act of Security, requiring the heritors, &c., to bring arms, and mufter their men, at leaft once a month. It was further faid, this could not be without an Act of Parliament, requiring two readings. The matter was adjufted, and the proclamation was amended, forbidding all affemblies in arms, contrary to 188 OCCURRENCES IN PARLIAMENT 1706. law, which was voted and approven. And an Act, fufpending that claufe of the Act of Security, of niuftering during this Seffion of Parliament, was read, and marked A firft reading. In the firft debate there fell a miftake between the E. of Abercorn and My L. Collinton. My L. Coll. had faid fomething that Abercorn thought looked like a threatening by the mob, whereupon he faid. He thought they were not only threatened by the mob without doors, but within doors, and that Members had faid fomething the other day to the fame purpofe. Collinton told what he had faid. That he defired the advice of the Parliament, whether he fliould take and offer the Mid-Lothian Addrefs, or leave them to take their own way ; and he thought the inference made thereupon, was only fitt to be made by one of Bogland. This being underftood of Ireland, where the E. of Abercorn has his inte- reft, was refented by feveral, particularly by the D. of Argyle, who defired L. Collinton might be fent to the Bar. There was fome talk ; at laft Col- linton faid, He intended to vindicat himfelf from having any hand in encou- raging the mob, but he craved pardon of the Houfe, and that noble Lord, for what he had faid. The Parliament adjourned till the morrow at 10 a clock. 30. — Satxtrday, Nov. 30. After the Minutes, proceed to the Act fufpending the claufe of the Act of Security, during this Seffion of Parliament, (but firft an Addrefs is read from the Burgh of Air, very difcreet, and craving fome amendments may be made of the Articles of Union, and feems to incline for the Union). There was fome reafoning againft it as not neceflary ; but it came to a vote. Approve the Act, which difcharges all affembling in arms during this Sef- fion of Parliament, under the pain of Treafon : it carried, with few Noes, and fome Mutes. D. Ham. was not prefent. D. Athol was No, and Errol, Vifc. Stormont, Kilmaronnock, &c. The Proclamation and Act of Parlia- ment fent to the Crols to be proclaimed. 1706. AND PRIVY COUNCIL. 189 Act for adjourning the Seffion till 1. January read, and marked A firft reading. Articles 7- and 8. remitted to the Committee. Adjourned till Tuefday next. 31. — Tuesday, Dec. 3. The Parliament, after the Minutes and fome Addreffes, proceeded, and with very little ftruggle, approved Articles 9. — 13. Only what was faid anent the perpetual Exemption of the Mault is referved till the fubfequent Article. Adjourned till Thurfday next. 32. — Thursday, Dec. 5. There was an addition given in by Salton, by way of Amendment of Ar- ticle 14, as to the Malt, That it be free of all impofition for ever. Some moved. It fliould be during the warr, as the E. Stairs ; others for 7, others for 13 years or 21. So the vote was. If the Exemption fliould be Tempo- rary or Perpetual : carried Temporary be 32 votes. Then the vote was. During the War, or A longer time ; and the votes were equal, and my L. Chancellour carried it During the War. The Parliament adjourned till the morrow. 33.— Feiday, Dec. 6. Proceeded to another Amendment to Article 14. given in by Salton, That the nation of Scotland be for ever free of all burdens, but what is aggreed to by thefe Articles ; others added. For payment of the Englifli debts. So after long reafoning, it was moved. The vote might be Approve the Article or Not. Others moved the vote might be. Approve or Amend. In end, the vote was ftated Firft or Second : carried Firft be 18 votes. The[n] the quei- tion was ftated. Approve the Article or Not : carried Approve be 38 votes. . Adjourned till to morrow. 190 OCCURRENCES IN PARLIAMENT 1706. 34. — Satukdav, Dec. 7. The Report of the Committee anent the Equivalent being read, declaring that the calculation remitted to them is juft, as was found by Dr. Gregory and Dr. Bower ; and the 15. Article read, and the 1ft §. again read. Salton gave in an amendment, That they fhould not be fubject to the Englifli debts. Others preffed To approve the §. or Not, which was firft moved ; fo the queftion came to the 1ft or 2d : carried 1ft be 71 votes, as fome fay ; I counted only 59. Then the vote was put, Approve of the §. or Not : car- ried Approve by a vaft number, whereof D. Ham. and L. Belhaven were two ; but D. of Athol, &c. were not : the votes to be printed, and a pro- teftation by the L. Belhaven. Moved by the Marquifs of Montrofe, That the Parliament would reward Dr. Gregory and Dr. Bower for their pains, or remitt them to the Lds. of Thefaury ; and the[y] were remitted to the Lords of Thefaury. The Parliament adjourned till Tuefday. 35. — Tuesday, Dec. 10. Some Addrefs read. There was a Report by the Committee upon the Article 6. That when the Oates is at 15 fliillings Sterling, or under, per boll, the quarter of meal fliall have half-a-crown of premium for what Ihall be exported, which will be 15 pound per boll, or thereby. This Report was craved To be printed, and lb reafoning and debate was upon this. Then paff- ing over from this, it was craved. That all the Report of the Committee about what was committed to them might be firft read, before any thing fhould be voted ; and this was ftuck to by the D. of H., M. of An., and Sal- ton tenacioufly ; and fome of them fpoke fo often, that it was moved by the D. of Arg. That the Orders of the Houfe ought to be kept, and that whoever tranfgrefled them fliould be cenfured as incroaching on the privileges of the Houfe. This was warmly infifted in by the E. of Mar, and a vote craved 1706. AND PRIVY COUNCIL. 191 upon it ; but it refolved in this, Tliat the Chancellour fhould flop fuch as tranfgreffed. Then the vote was put, Approve of the Report of the Com- mittee as to the premium of the Meal : carried Approve by between 60 and 70 votes. The Parliament adjourned till to morrow. 36. — Wednesday, Dec. 11. Some Addreffes read ; one from the Prefbytery of Hamilton, of an ex- traordinary nature, againil the Union, fays, the General Affembly fhould be called before they proceed further in it. Sir Pat'. Home gave in an Overture for a premium upon Oats, propor- tioned to the Meal, 3 bolls making a quarter, and other grains ; but it was rejected by a vote. The [Com]mittee's Report Anent the duty on Woollen Manufacture, read ; and, after fome reafoning, fimply approven. Their Report anent the duty of Linnen, which is but 6 pounds on the 40 Englilh elns, which is 50 of ours, read ; and after long debate, voted and approven. The Parliament adjourned till to morrow. 37. — Thursday, Dec. 12. Some Addreffes read ; then fome Reports of the Committee, which were approven, with refervation to the Woollen Maflers for the Committee to provide fome encouragement to them. The Parliament adjourned till Munday next. Lord John Hay's corps (brought from Flanders) being to be interred at Yeiler to morrow. 38. — MuNDAY Dec. 16. Some Addreffes read. The 6, Article, with the Amendments from the Committee, read and approven, with fome debate, by 2 votes. The firft was. 192 OCCURRENCES IN PARLIAMENT 1706. If the vote fhould be Approve or Not ; the S**., If it fhould be Approve or Amend : carried the Firft by 40, as I reckoned. Then the vote was Approve or Not : carried Approve. Then the 8. Article, which had likewife been committed, was read ; and a Report from the Committee, amending the 1ft paragraph, bearing, That inftead of payment of the duty of Salt at importation, it is provided, that when it is imported, it be put up in a cellar, whereof the merchant is to have one key, the Sovereign's officers another, and that the merchant be allowed to take out what he pleafes, not under a weigh, which is 40 buihels, about 10 bolls, and then he is to give bond for the duty, payable in half a year. This delayed till next Sederunt; and the Parliament adjourned till to morrow. 39. — Tuesday, Dec. 17. When I came to the Houfe, they were upon Salton, who faid. That what My L. Stairs had faid in reference to the Minutes, was not true. My L. St. defired the Houfe to take notice of what Salton had faid, otherwife he would [be] obliged to fay What he had faid was a lye. After near an hour's dif- courfe about this, and Ibme having moved That both ftiould crave the Houfe pardon, Salton craved the Houfe pardon, but Ihifted craving Stair's par- don. Stairs faid. If what he had faid had offended the Houfe, he craved pardon. Then the Chancellor faid. He hoped Salton would acknowledge that he meant no reflection on M. L. Stairs, but only to contradict the thing he had faid, and if he had given him offence he craved him pardon ; which Salton aflented to, and both of them gave their word of honour not to refent it without doors. The Parliament proceeded to Article 8., and received fome reports of the Committee, but have not yet finifhed it. Adjourned till to morrow. 1706. AND PRIVY COUNCIL. 193 40. — Wednesday, Dec. 18. Proceeded, and generally approved the next Report of the Committee, about Salting what fliall be exported with Forraign Salt. Adjourned till to morrow. • 41. — Thursday, Dec, 19. The Parliament has upon 8th Article granted 6 pounds 5 fliillings Ster- ling upon the laft of drawback for Herrings, &c. exported, by acquiefcence, without a vote ; and there being a drawback demanded on Beef and Pork exported, which others alledged was not allowed in England, the debate was adjourned ; and the Parliament adjourned till to morrow. 42. — Friday, Dec 20. The Parliament proceeded to the drawback on Beef and Pork ; and after much reafoning, the vote was put. Approve of the Report of the Commit- tee, That there ought to be no Drawback, or Alter : carried Alter be one vote ; two of the traders being for altering. Sir Patrick Johnfton and Pit- medden. Some alledged this alteration left the matter intire, if the draw- back fhould be on both ; but this was generally fpoken againft. What the drawback fhould be is adjourned till next Sederunt ; and the Parliament adjourned till Munday next. 43. — Munday, Dec. 30. I having been unwell, and kept the houfe from Friday laft till Thurf- day, January 2, 1707, I refer to the Minutes for the 43, 44, 45 dayes Mi- nutes, viz. for 44.— Tuesday, Dec. 31, 1706. 2 B 194 OCCURRENCES IN PARLIAMENT 1707. 45. — Thursday, Jan. 2, 1707. 46. — Friday, Jan. 3. Refers to the Minutes. 47. — MuNDAY, Jan. 6. W[ent] to the Parliament. They added Superiorities to Article 20. and voted and approved it. Then came to Article 21. Stewart of Pardovan com- miffioner for the town of Linlithgow, moved, That there were many privi- leges in the Royal Burrows prejudicial to trade, as expenfive entries, &c., which fhould be excepted. Others moved, That notwithftanding of the Article, it be left to the Parliament of Great Britain to Alter. So the vote was Approve the Article or Not, or Alter or Not ; 1ft or 2d : carried 1ft. Then the vote was made. Approve or Not : carried Approve. Article 22. read ; and the Parliament adjourned till to morrow. 48. — Tuesday, Jan. 7- Went to the Parliament at 2 a dock. They had been difcourfing on Article 22. claufe 1., and as I came in, were reading Proteftatious given in by the D. of Athole, E. of Buchan, Lockhart of Camwath, and Wal. Stuart of Pardovan ; and then voted the firft claufe with the Amendments. 49. — Wednesday, Jan. 8. This morning the E. of Stairs, who was yefl^rday in Parliament, died of an apoplexy. This day fpent in jangling, and nothing done. Parliament adjourned till to morrow. 1707. AND PRIVY COUNCIL. 195 50 — Thursday, Jan. 9- The Dukes of Argyle and Athole reconciled about the diflference happen- ed yefterday ; marked in ray Diary. Agreed, That the Proteftations given in by the D. of Athol, E. of Buchan, Laird of Carnwath and Pardovan, and that given in by the E. of March- mont againfl them, be all recorded and marked in general in the Minutes, but that none of them be printed. Proceeded to the 2d claufe of Article 22, which was after debate voted and approven. Read the laft claule, and an Amendment given in by Mr Dow- gal Stewart, for the eafe of tender confciences. That perfons in publick of- fice be not obliged to take the oath of Abjuration. Another by Mr. Aber- crombie of Tillibodie, for fecuring this part of Brittain from any to be im- ployed in publick office till they fubfcrive the Formula fubjoined, concerning our Church Government, fo long as the Sacramental Tell continues in Eng- land. Thefe were declared to be referved intire, to be confidered after- wards. Then the vote went. Proceed or Delay : carried. Proceed by a great many. Then the vote was Approve of the Article or Not : carried Approve. The Parliament adjourned till the morrow. 51. — Friday, Jan. 10. 52. — Munday, Jan. 13. 53. — Tuesday, Jan. 14. This day the Parliament went throw the laft two Articles of the Union, and approved them. Refers to the Minutes, I not having been abroad thefe days throw iudifpofition. 54. — Wednesday, Jan. 15. Told that the Act for the Union was brought in and read over, and mark- ed A firft reading. The Parliament meets to morrow. 196 OCCURRENCES IN PARLIAMENT 170 55. — Thursday, Jan. 16. Went to the Parliament this day. The Act ratifying the Articles of Union, and the Act for Security of Proteftant Religion and Prefbyterian Church Government, read again. The laid Act for Security called for and touched. The Act of Ratification had in it a claufe, allowing the Parlia- ment of England to provide for the fecurity of their Church in fuch wayes as they fliall think fitt, not derogatory to the fecurity for this Church, and ratifying the fame. A petition from the Commiflioners of the G. AiTem- bly, reprefenting that the faid claufe was of dangerous confequence, and might create difturbances in Church and State. After fome difcourfe, that part of the claufe, ratifying what the Parliament of England (liould do, was left out, and the vote put, Approve of the Act or Not : carried Approve be 40 votes, and the voter's names appointed to be printed. Thereafter the Act being figned by the Chancellour, was called for by the Commiffioner, and touched. The Parliament adjourned till Munday next. 56. — Munday, Jan. 20. There happened a debate between the E. of Buchan and the Regifter, about the Minutes, before I came in. The Regifter had faid That what the Earl had propofed was improper. The Earl faid. What the Regifter faid was prefumptuous ; and after fome talk, the Regifter did let the matter fall. The E. of Marchmont gave in a propofall, That the 61 Members from this Nation to the Parliatnent of Brittain, be chofen by this Houfe ; where- upon, after fome reafoning, the debate was adjourned imtil next Sederunt, and the Parliament was adjourned untill to morrow. 57. — Tuesday, Jan. 21. The Parliament refumed the laft dayes debate ; and after long reafon- 1707. AND PRIVY COUNCIL. 107 ings, and feverall motions given in, the vote was put, Approve of the Over- ture given in yefter[day] by M. L. Marchmont, or Not ; and it carried Ap- prove, That this Parliament fliould chufe the Members from this kingdom to the Brittifh Parliament, in cafe the Queen think fitt to continue this Par- liament of England : carried be 20 votes. The Parliament adjourned untill to morrow. 58. — Wednesday, Jan. 22. The Parliament voted and carried. The chufing of the 16 Peers fhould be by Election, not by Rotation ; and by a 2d vote, That the Election fhould not be by Ballotting, as M. L. Cromarty moved, but by open Elec- tion. As to the divilion of the 45 Members for the Houfe of Commons, moved by Arkinglafs, That feeing by paction the Burrows was to bear the 6. part of the publick burden, they fliould have 10 and a fraction. But it was moved. That the matter fliould be adjourned till tryal could be taken, if it could be adjufted between the Barons and Burrows ; which was agreed to, and the Parliament adjourned until Friday. 59 — Friday, Jan. 24. The Parliament, upon an agreement between the Barons and Burrows, of 30 Reprefentatives for the Barons, and 15 for the Burrows, had a quef- tion ftated, Approve of 30 and 15 or Not : carried Approve by a vaft plu- rality, although I was told there was forae debate about it. There remains another queftion, which I'm told is agreed between the Barons and Burrows, That no nobleman, or nobleman's eldeft; fon, fliall be elected to be a Mem- ber of the Houfe of Commons. The Parliament adjourned till Munday next. 60. — Munday, Jan. 27. The Parliament was upon a claufe brought in by Salton, That no noble- 198 OCCURRENCES IN PARLIAMENT 1707. man, or nobleman's eldeft fon, fhould be capable to be chofen by the Barons or Burrows in the Houfe of Commons ; which was agreed upon by the Ba- rons and Burrows. Another motion was made. That the Elections by the Barons and Burrows flaould continue, as is now by law eftablifhed. The vote was ftated, Approve of the firft or 2d claufe : carried, Approve of the 2d by 13 votes, and the names of the voters to be printed. Adjourned till to morrow. 61. — Tuesday, Jan. 28. The Parliament, in order that every fliire may have a Commiffioner of 30, agreed to have this day approved of the Overture, That feing there are 33 fliires, Bute and Caithnefs vote per vices, beginning with Bute, Nairn, and Rofs, j)^f' vices, beginning with Nairn, Clackmannan, and Kinrofe, per vices, beginning with Clackmannan. As to the Election of the Burrows, the debate is adjourned untill next Sederunt ; and the Parliament adjourned till to morrow. 62. — Wednesday, Jan. 29. The Parliament has granted the town of Edinburgh one Commiffioner, and divided the reft of the Burrows into 14 diftricts, every diftrict to have 1 Commiffioner, making in all 15, but have (it feems) left the place of their meeting to the Queen, and every Burrow is to fend a delegate to chufe their Commiffioner. The D. of Argyle gave in a Refolve, which was read, for the Commiffioners of the Treaty of Union's expenfes, — 1000 pounds Ster- ling for every nobleman, 500 pounds Sterling for every other, and 400 pounds Sterling to their fecretary, and 400 pounds Sterling to each of two accountants. This was ftood up againft by Jervifwood, the Marquifs of Tweddale, and E. of Marchmont, &c., as unfeafonable, the Act they were on not being finiflied. The Refolve was made in more general terms by the Regifter, without condefcending on the quota and fund, which was men- HOT. AND PRIVY COUNCIL. 199 tioned by the D. of Argyle to be the Equivalent, That the Parliament would declare it a debt, and provide for payment thereof ; but it being late, the Debate was adjourned, and the Parliament adjourned till Friday. 63. — Friday, Jan. 30. Went not out, being indifpofed, but told that the Parliament has agreed to the expenfes of the Commiffioners of the laft Treaty, at 1000 pounds Sterling each nobleman, 500 pounds Sterling each other, &c., to be taken out of the Equivalent after the Africa Company is payed ; and to 500 pounds each nobleman, 300 pounds each baron, and 200 each burrow, on the for- mer Treaty. 64 — MuNDAY, Feb. 3. 65. — Tuesday, Feb. 4. I went not to the Parliament, fo refers to the Minutes. 66. — Wednesday, Feb. 5. The Parliament approved the Act for Elections to the firft Parliament of Brittain, and in all time coming, and fame was touched by M. L. Commif- fioner. Act againfl the Papifts brought in from the Committee, read. Proclamation about the Coin read and voted. Act read, remitting the Plantation of Kirks and Valuation of Tiends to the Lords of Seflion ; Commiflion to the fame purpofe, — both brought in from the Committee. The Parliament adjourned till Munday. 67. — Munday, Feb. 10. I went not out, fo remits to the Minutes. Adjourned till Wednefday. 200 OCCURRENCES IN PARLIAMENT, &c. 1707. 68. — Wednesday, Feb. 12. I went to the Parliament, but the Eftates did chufe their Reprefentatives to the Britifli Parliament. 69. — MiTNDAY, Feb. 17. Went not to the Parliament. Paffed the Act, remitting the Plantation of Kirks and Valuation of Tiends to the Lords of Seffion. Rejected the Act for the Drawback on Meal, from this to 1ft of May. 70.— Thursday, Feb. 20. Were on private affairs. 71. — Friday, Feb. ?1. 72. — Wednesday, Feb. 26. Refers to the Minutes. 73. — MuNDAY, March 3. Refers to the Minutes. 74. — Friday, March 7. Refers to the Minutes. ' ' The following is the entry referred to by Lord Croffrig, at p. 194, as contained in his private Diary, but which was not obtained in fufficieiit time to infert in its place as a foot-note. Wednesday — Jan. 8, 1707. At 2 went to the Parliament, where there was much jangling about tome exprelfion tlie D. of Athole had about his Proteflation, which the D. of Argyle whifpereil in his eai- was a lye ; which being tohl the Houie by Kilmaronnock, took up a long time. At laft the Parliament did remitt the adjuiting the matter to the Eai-ls of Errol, Mai-lhall, and Levcii, and took hotli parties' word of hononr to do nothing in the mean time. Then the queilion was put, If the Protelta- tiong ihould be pnblifhed at length in the Minutes ; and when it feemed agreed to, the E. of Marchmont gave in a counter Protettation, That 4 of them were prefumptuous, illegal, and un- warrantable, derogatory to the authority of the Queen and Parliament, and tending to feiiition, &c. Tbefe matters were adjourned till next Meeting. \ THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 50 CENTS ON THE FOURTH DAY AND TO $1.00 ON THE SEVENTH DAY OVERDUE. MAR 31 jo^3 APR 4i4^ :TStARl^ LOAN APRIX 1979 REc. ci i ^ m i W9 LD 21-95m-7.'37 (>7(i,304 YE 00634 r UNIVERSITY OF CALIFORNIA UBRARY