DIE Veneris, 23 Novembris.
Domini tam Spirituales quam Temporales præsentes
Epus. Lich. & Cov.
Epus. Bath & Well.
|Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Dux Newcastle, C. P. S.
Dux Buckingham & Normanby.
Comes Kent, Camerarius.
|Ds. De Lawarr.
Ds. North & Grey.
Ds. Grey d' Warke.
Ds. Howard Esc.
Ds. Berkeley Str.
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
"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,
"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
"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
"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
"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
"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
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
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.