Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 23 Novembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Lords take the Oaths.
The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; (videlicet,)
Charles Earl of Carnarvon.
Charles Bodvile Earl of Radnor.
Banistre Lord Maynard.
William Lord Byron.
Burnet, Leave for a Bill of Naturalization.
Upon reading the Petition of William Burnet Esquire; praying Leave to bring in a Bill for his Naturalization, he being brought up in the Protestant Religion:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner may bring in a Bill, as desired.
Sheppard & al. versus Smith & al.
The House being moved, on the Behalf of John Smith, Stephen Smith. and Anne Smith, Infants, by John Smith the Elder, their Father and next Friend, Respondents to the Appeal of William Sheppard Gentleman, and Thomas Stephens Yeoman, "That a Day may be appointed, for hearing the said Appeal:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Eighth Day of December next, at Eleven a Clock.
Papers from Scotland concerning the Union.
The Order being read, for taking into Consideration the Papers laid before this House, by Her Majesty's Command, relating to Scotland:
The same were read, as follow:
"My Lords and Gentlemen,
"It has been Our great Care and Concern, ever since Our Accession to the Crown, to preserve the Peace, and promote the true Interest and Advantage, of that Our ancient Kingdom; and above all, to have your present Establishment so secured, that both you and After-ages may reap the Benefit thereof.
"You are now again met in Parliament, and, no Doubt, with a full View of all your present Circumstances; which We heartily with may be seconded with such Endeavours on your Part, as what may best accomplish what We so really design.
"In your last Meeting, We recommended to you, with the greatest Earnestness, the settling of the Succession of that Our ancient Kingdom in the Protestant Line: And several Things having since happened, which shews the great Inconveniency of these Matters continuing in Suspence, We cannot but at present most seriously renew the Recommendation of this Settlement, as being convinced of the growing Necessity thereof, both for the Preservation of the Protestant Religion, and the Peace and Safety of all Our Dominions, and for defeating the Designs and Attempts of all Our Enemies: And to prevent any Objection to the said Settlement, that can be suggested from the Views or Fears of future Inconveniencies that may happen to that Our Kingdom from thence, We shall be ready to give the Royal Assent to such Provisions and Restrictions as shall be found necessary and reasonable in such a Case:
"And therefore We must still leave it upon you, as most necessary for all the Ends above-mentioned, that you go to the Settlement of the Succession before all other Business.
"We are fully satisfied (and doubt not but you are) that great Benefit would arise to all Our Subjects by an Union of Scotland and England; and that nothing will contribute more to the composing of Differences, and extinguishing the Heats that are unhappily raised and fomented by the Enemies of both Nations, than the promoting of every Thing that tends to the procuring the same.
"Therefore We earnestly recommend to you to pass an Act, for a Commission to set a Treaty on foot between the Kingdoms, as Our Parliament of England has done, for effectuating what is so desirable, and for such other Matters and Things as may be judged proper for Our Honour, and the Good and Advantage of both Kingdoms for ever: In which We shall most heartily give Our best Assistance.
"The Supplies granted by the Parliament, for maintaining the Forces, with the Forts, Garrisons, and Frigates, are now at an End. And these being still necessary to be maintained; as likewise that the Magazines of Arms and Ammunition be duly furnished, for the Peace and Security of the Kingdom, especially now in Time of War; We doubt not but you will provide the Supplies needful, in such Manner as may be most easy and effectual.
"We have named the Duke of Argyle to be Our Commissioner, to represent Our Person, in this Session of Parliament; as One of whose Capacity and Zeal for Our Service, and the Kingdom's Good and Advantage, We are sufficiently assured, and no less hopeful that he will be to you acceptable.
"We have fully empowered him to declare Our firm Resolutions to maintain the Government, both in Church and State, as by Law established; and likewise to consent to such further Laws as shall be thought needful for that End.
"We have also empowered him to give the Royal Assent to such good Laws as shall be concluded, for the Advancement of Piety and Discouragement of Immorality, for the better encouraging and improving of Trade and Manufacture, the further securing of private Rights and Conveyances, and for promoting the more easy and speedy Administration of Justice, and generally for what may be found for the Good and Advantage of the Kingdom: In all which, and whatever else may contribute to the Happiness and Satisfaction of Our People, you shall have Our ready and chearful Concurrence.
"And so We bid you heartily Farewell.
"Given at Our Court at Windsor Castle, the Eighteenth of June 1705, and of Our Reign the Fourth Year.
"By Her Majesty's Command.
"Tuesday, 17th July, 1705.
"Resolved, That this Parliament will not proceed to the Nomination of a Successor, till we have had a previous Treaty with England, in relation to a Commerce, and other Concerns with that Nation. And further it is Resolved, That this Parliament will proceed to make such Limitations and Conditions of Government, for the Rectification of our Constitution, as may secure the Liberty, Religion, and Independency of this Kingdom, before they proceed to the said Nomination.
"The Estates of Parliament considering with what Earnestness the Queen's Majesty has recommended to them the settling of the Succession to the Imperial Crown of this Her ancient Kingdom in the Protestant Line, failszing Airs of Her own Body; and also to enter into a Treaty with Her Kingdom of England, as the most effectual Way for extinguishing the Heats and Differences that are unhappily raised betwixt the Two Nations; and in Prosecution of Her Majestie's Royal and just Purpose of having a Treaty set on Foot betwixt Her Two Independent Kingdoms of Scotland and England, without which these Things of great Consequence betwixt them cannot be accommodat: Therefore Her Majesty, with Advice and Consent of the Estates of Parliament, doth Enact, Statute, and Ordain, That such Persons, and Quorum thereof, as shall be nominat and appointed by Her Majestie, under the Great Seal of this Kingdom, shall have full Power and Commission, lyke as Her Majestie, with Advice and Consent foresaid, doth hereby give and grant full Power, Commission, and Authority, to the saids Persons and their Quorum, to convene and meet at such Time and Times, and in such Place and Places, as Her Majesty shall please to appoint, to treat and consult, with such Commissioners as shall be authorized by Authority of the Parliament of England, of and concerning such other Matters, Clauses, and Things, as, upon mature Deliberation of the greatest Part of the saids Commissioners assembled as aforesaid, and the Commissioners to be authorized by Authority of the Parliament of England, according to the Tenor of their Commissions in that Behalf, shall think necessary and convenient for the Honour of Her Majestie, the common Good and Welfare of both the saids Realms, for ever. And the saids Commissioners for both the saids Kingdoms shall, according to the Tenure of their respective Commissions, set down and reduce their Proceedings in the said Matter into Three several Writings and Instruments, each of them to be subscryed and sealed by the saids Commissioners and their Quorum, to the End that One of these Writings or Instruments may, in all Humility, be presented to the Queen's Majestie, and another of the saids Writings or Instruments to be offered to the Parliament of Scotland, and the other of the saids Writings or Instruments to be offered to the Parliament of England, at their next Session to be held in each Kingdom respectively, after such Writings or Instruments shall be subscryed and sealed by the saids Commissioners; that thereupon such further Proceedings may be had, as by Her Majesty and both the saids Parliaments shall be thought fit and necessary for the Weal and Common Good of both the saids Kingdoms: To which Parliaments, the intire Consideration of the Whole, and the allowing or disallowing of the same, or any Part thereof, as they shall think fitt, is wholly reserved.
"And it is further Provided, That no Matter or Thing be treated of, proposed, or agreed, by the saids Commissioners, by Virtue of this Act, shall be of any Strength or Effect whatsoever, until it be first confirmed and establisht by Authority, and an Act, of the Parliament of Scotland.
"Providing also, That the saids Commissioners shall not treat of or concerning any Alteration for the Worship, Discipline, and Government, of the Church of this Kingdom, as now by Law established."
"September 4th, 1705.
"Agreed and Ordered, by the Estates of Parliament, nemine contradicente,
"That the Commissioners to be named by Her Majesty, for the Kingdom of Scotland, shall not commence the Treaty of Union, until the Clause in the English Act, declaring the Subjects of Scotland Aliens, be rescinded.
"May it please Your Majesty,
"We, Your Majesty's most loyal and dutiful Subjects, the Noblemen, Barons, and Burgesses, assembled in Parliament, do, in all Humility, represent to Your Majesty, That, in Complyance with the Desire of Your Majesty's Royal Letter, whereby You earnestly recommend to us, to pass an Act for a Commission to set a Treaty on Foot betwixt the Kingdoms of Scotland and England, and for a nearer and more compleate Union between them, and for such other Matters and Things as may be judged proper for Your Majestie's Honour, and the Good and Advantage of both Kingdoms for ever: Wee have, by our Vote, agreed to the passing of the said Act, in the most fair and equal Termes that could be expected; leaving to Your Majesty the Nomination of the Commissioners for this Kingdom, and the Time and Place of their Meeting with the Commissioners of England.
"But though wee have in that Act forborn to take any Notice of a Clause in a late Act of Parliament of England, intituled, "An Act for the effectual securing the Kingdom of England from the apparent Dangers that may arise from several Acts lately passed in the Parliament of Scotland;" by which Clause, the Natives of this Your antient Kingdom of Scotland are, after the Five and Twentieth Day of December next, to be adjudged and taken as Aliens born out of the Allegiance of the Queen of England; yet wee cannot but, with all Submission, signify to Your Majesty, as Soveraign of both Kingdoms, that wee, and the whole Nation whom wee represent, are most sensible of the great Injuries done us by that Clause, whereby wee are denyed the Right and Privilege in England, which the Natives of England do enjoy in Scotland, and which wee have constantly enjoyed in England, as a legal and necessary Consequence of our being natural-born Subjects of the same Soveraign, and hath always been sustained as a mutual Privilege in the Courts and Judicatures of both Nations.
"For which Reason, wee have found it absolutely necessary for maintaining the Honour of this Nation, to agree, and order unanimously, that the Commissioners to be nominated by Your Majestie, for this Kingdom, shall not commence any Treaty with England, until first the said Clause in the English Act be repealed.
"We must, therefore, in all Humility, intreat and hope, from Your Majestie's Goodness and Justice, that, in Your Royal Wisdom, You will take such Course, as the said Clause in the Act of the English Parliament may be repealed, to the Effect the aforesaid Treaty of Union, so much desired, may commence, and proceed with the wished-for Success.
"Subscribed, in Presence, by Warrant, and in the Name, of the Estates of Parliament,
"May it please Your Majesty,
"And most faithful
"Subject and Servant.
Edinburgh, Sept'r 4th, 1705.
"J. N. D. P."
Ordered, That the said Papers be referred to a Committee of the whole House, presently.
Then the House was adjourned during Pleasure, and put into a Committee thereupon.
After some Time, the House was resumed.
Resolutions relating to Scotland.
And the Earl of Manchester reported, "That it does appear to the Committee, That Her Majesty has in the most earnest Manner recommended to the Parliament of Scotland, the Settlement of the Succession of that Crown in the Protestant Line, and done what in Her lay to procure an entire Union of the Two Kingdoms:
"And that it is the Opinion of the Committee, That, to shew the friendly Disposition of this Nation towards the Kingdom of Scotland, in order to the procuring of the said Ends, that all the Clauses in the Act for the effectual securing the Kingdom of England from the apparent Dangers that may arise from the several Acts lately passed in Scotland, be repealed, except those that relate to the empowering Her Majesty to name Commissioners for a Treaty of an Union with Scotland, or to the said Commission."
To which the House agreed.
"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it does appear to this House, That Her Majesty has in the most earnest Manner recommended to the Parliament of Scotland, the Settlement of the Succession of that Crown in the Protestant Line; and done what in Her lay, to procure an entire Union of the Two Kingdoms: And that it is the Opinion of this House, That, to shew the friendly Disposition of this Nation towards the Kingdom of Scotland, in order to the procuring of the said Ends, that all the Clauses in the Act, intituled, "An Act for the effectual securing the Kingdom of England from the apparent Dangers that may arise from the several Acts lately passed in Scotland," be repealed; except those that relate to the empowering Her Majesty to name Commissioners for a Treaty of an Union with Scotland, or to the said Commission."
Judges to prepare a Bill.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare, and bring in, a Bill, upon the Resolution agreed to this Day, relating to Scotland.
State of the Nation.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, on Tuesday next, at Twelve a Clock, this House shall be put into a Committee, to take into further Consideration the State of the Nation.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum septimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.