A. C. fhould be entire, next fitting of the Parliament to 1706. debate, whether the firft Article thould be concluded, by approving thereof, or not; or if the Parlia-.

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ment might not, before concluding thereof, be

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gin with, or conclude any other of the Articles; A for Ad-and accordingly the firft Article was read. Then the journing Act adjourning the Seffion, or Term, till the first the Term, of December, was touch'd with the Scepter by her pass'd. Majefty's High Commiffioner, in the ufual manner. The next Day, being Saturday, the Parliament read an Addrefs from the Shire of Angus, against the Union, which gave occafion to the Country-party, as they ftiled themfelves, to fay, That the Union was a Matter of fo great and general Concern, that it was not to be gone into with precipitation; and that there were many more Addreffes coming, by which they would fee the Inclinations of the Country, and of their Conftituents. After this, feveral other Propofals were offered, as Preliminaries, before they fhould enter upon the Treaty; one of which was, that the Kingdom of Scotland fhould for ever be the Place of the Prince's Educa'tion and Refidence. Then there was another Debate, whether they fhould proceed Immediately to the whether Confideration of the first Article of the Treaty, or the Sea the Parlia curity of the Church. In which, much time being ment should spent, my Lord Regifter gave in a Refolve as the go first on State of the Vote, That they should enter on the Articles the Union, or the Secu-but with this Provifo, That tho' it should be voted and rity of the approv'd, it should be no ways binding, except all the Church. reft were agreed to. In oppofition to this, it was propofed, that the State of the Vote fhould be fim

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ply, enter on the Article, or firft fecure the Church: A The Lerd great many spoke for both States of the Vote; but Beilhaven the Queftion being put, the Lord Regifter's was makes are carried by a Majority of 38, and then approved Speech. by a greater Number. After this, there were long See the and fmart Speeches, Pro and Con on the Subject, Appendix particularly by the Lord † Beilhaven,and Mr. Fletcher Numb. V. of Saltoun.

markable

During the Debate, whether the Security of the Church, or the firft Article for Uniting both Nations into one Kingdom, under the Name of Great Bri-trin, fhould have the Preference; It was urged, That according to the Laudable Cuftom of the

Kingdom of Scotland, as appear'd by their an cient Acts of Parliament, the Church had always the Preference to every thing elfe. But a Lord, when he found that the firft Article of the Treaty had the Preference, alluded, with refpect to fome who were of the oppofite Side,to Julius Cafer's, faying in the Senate, Et vos etiam mei Filij? And are you also against me, my Sons? There had been Endeavours likewife ufed in the Commiffion of the General Affembly, to poffefs them with Apprehenfions of the Danger of the Church, from Twenty fix Bifhops being in the Parliament of Great Britain, where the Presbyterian Kirk could have none to reprefent her; from the English Sacramental Teft, and from the Oath of Abjuration, by which they must approve that part of the Limitations, which oblig'd the Sovereign to be of the Church of England; notwithstanding all which, it was Criminal by the Law of England, to fay the Prince and Parliament had no Power to alter the Succeffion. Hereupon they would have carried Things in the Commiffion against an Incorporating Union, but were prevented by the Ruling Elders; and in order to make the Church Eafie, there were fome who promifed, that when the Article for an Incorporating Union pafs'd, they fhould have a Claufe to make the Union void, in cafe the Parliament of Great Britain fhould in time to come, attempt to alter the prefent Government of the Church of Scotland. However, many of the Minifters, and zealous Presbyterians, exprefs'd their Difpleasure, that the Security of the Church had not the Preference. When the Vote was prefs'd for approving the firft Article of the Union, à Duke spoke very boldly against putting it to the Vote, without giving the Members time to confider of it, which he faid, was their Privilege : Whereupon it was delay'd till the Monday fol lowing.

On the 4th of November, the Parliament read the Addreffes from the Shires of Sterling and Dumbartown, and from the Towns of Crofts, Linlithgow, Dunkell, or Caledonia, and Dyfert, all against an Incorporating Union with England. Then the firft Article of Union was again read, as alfo the Motion of the former Sitting, relating thereunto, viz. That it A 2 2

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A. C. be agreed to in the first place to proceed to take the firft Article of the Union into Confideration, with this Provifo, That if the other Articles of Union "be not adjusted by the Parliament, then the agree ing to, and approving of the firft, fhould be of no Effect, and that immediately after the faid firft Article, the Parliament fhould proceed to an Act for Security of the Doctrine, Difcipline, Worship and "Government of the Church, as now by Law Efta'blifh'd: And after fome further Debate upon the faid Article, the Marquis of Annandale prefented the following Refolve,

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Hereas it evidently appears, fince the Printing, Publifhing, and Confidering the Artinandale's cles of Treaty now before this House, this Nation Refolve feems generally Averfe to this Incorporating Union, against an 'in the Terms now before us, as Subferfive of the incorpo. Sovereignty, Fundamental Conftitution, and Claim rating of Right of this Kingdom, as now by Law EftaUnion. ⚫blifhed.

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And feeing it is too evident, That if any Union were agreed to in thefe Terms by this Parliament, and accepted of in the Parliament of England, it would in no fort anfwer the peaceable and friendly Ends propofed by an Union, but would on the contrary, create fuch difmal Distractions and Animofities amongst our felves, and fuch Jealoufies and Miftakes betwixt us, and our Neighbours, as 'would involve thefe Nations into fatal Breaches, and Confufions.

"Therefore refolved, That we are willing to enter into fuch an Union with our Neighbours of England, as fhall unite us intirely, and after the moft ftrict Manner, in all their and our Interefts of "Succeflion, Wars, Alliances and Trade, referving to us the Sovereignty and Independency of the 'Crown and Monarchy, and the Ancient Privileges and Immunities of the Kingdom, and the Confti'tution and Frame of the Government, both of 'Church and State, as they ftand now Eftablished by our Fundamental Conftitution, by our Claim of Right, and by the Laws following thereupon. ‘Or,

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Refolved, that we will proceed to fettle the fame A. C.. Succeffion with England, upon fuch Conditions 1706. and Regulations of Government within our felves,

as fhall effectually fecure the Sovereignty and In'dependency of this Crown and Kingdom, and the 'indiffolvable Society of the fame, with the Funda'mental Rights and Conftitutions of the Government 'both of Church and State, as the fame ftands Eftablifh'd by the Claim of Right, and other Laws and Statutes of this Kingdom.

This Refolve being read and debated, the Vote was ftated, Approve of the firft Article of Union, or Not; but before the Vote, the Duke of Athol gave the following Proteftation:

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John Duke of Athol, proteft for my felf, and all The Duke others who fhall adhere to this myProteftation, of Athol's 'that an incorporating Union of the Crown of Scot-Proteft 'land with the Crown of England, and that both Na-against an tions fhould be reprefented by one and the fame IncorpoParliament, as contained in the Articles of the Trea-rating Union. ty of Union, is contrary to the Honour, Interest, 'Fundamental Laws and Conftitution of this King'dom, the Birth-right of the Peers, the Rights and Privileges of the Barons and Boroughs, and Act 130 Parl. 8. Ja. 6. by which it is ordained, that none ' of the Lieges prefume or take upon hand, to impugn the Dignity and Authority of the Three Estates of Parliament, or to feek or procure the Innovation or Diminution of the Power and Authority of 'the faid Three Eftates under the Pain of Treafon : And is contrary to the Claim of Right, Property and Liberty of the Subjects; And the Third Act of Her Majefty's Parliament 1702. by which it is declared High-Treafon in any of the Subjects of this Kingdom, to quarrel or impugn, or endeavour by Writing, malicious and advited Speaking, or other open Act or Deed, to alter or innovate the Claim of Right, or any Article thereof: And "therefore do defire, that this my Proteftation may 'be marked in the Records of Parliament.

This Proteft being read, the Duke of Athol took several Inftruments thereon, and the fame was adhered to Members by the Duke of Hamilton, Marquefs of Annandale, adhere to Earl of Errol, Earl Marifchal, Earl of gtoun, Earl the said of Strathmore, Earl of Selkirk, Earl of Kincardin, Prot ft. A a 3 Viscount

A. G. Viscount of Stormount, Visconnt of Kilsyth, the Lord 11706. Semple, the Lord Oliphant, the Lord Balmerinoch,

the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil, and the Lord Kinnaird; George Lockhart of Carnwath, Sir James Foulis of Collingtoun, Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, Sir Patrick Home of Rentoun, John Sinclair younger of Stevenson, John Sharp of Hoddom, Mr. Alexander Ferguson of Ifle, John Brisban of Bishoptoun, Mr.Will. Cochran of Kilparonock, Sir Hump. Colquhoun of Lufs, J. Grahame of Killearn, James Grahame Bucklyvie,Tho.Sharp of Houstoun,SirPat Murray of Auchtertyre, John Murray' of Strowan, James More of Stoniewood, David Beaton of Balfour, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouse, Nr. Fame Carnagie of Phinhaven, David Grahame younger of Fintry, James Ogilvie younger of Boyn, Mr. George Mackenzie of Inchoulter, Alexander Robertfon, Walter Steuart, Alexander Watfon, Alexander Edgar, John Black, James Ofwald, Robert Johnstoun, Alexander Duff, Francis Mollifon, Walter Scot, George Smith, Robert Scot, Robert Kellie, John Hutchinfon, Mr. William Su-therland, Archibald Shiells, Mr. John Lyon, George Spence, Mr. William Johnstoun, Mr. John Caruthers, George Home, John Bayne and Mr. Robert Frazer.

Then the Vote was put, Approve of the faid First Articles of the Union in the Terms of the Motion (beThe first Article of fore mention'd) Tea or not, and it was carried Apthe treaty prove, by a Majority of 34 Voices. Then it was of Union moved, that the Lift of all the Members of Parliaapproved. ment, as they voted pro or con, be printed, which

was agreed to: After which an Overture for an Act for Security of the true Proteftant Religion, and Government of the Church, as by Law Established, within that Kingdom, was read, and order'd to be printed.

On the 6th of November, the Lord Chancellor mov'd, that altho' he had no opportunity to vote for approving of the firft Article of Union, yet he defired his Name to be recorded, and to be printed with those who Voted Approve, which was agreed to. Then the Parliament read the following Addrefs.

To