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an Act, for a Commiflion to fet a Treaty on foot be "tween the Kingdoms, as Our Parliament of England "has done, for effectuating what is fo defirable, and for "fuch 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 "moft heartily give Our beft Affistance.

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"The Supplies granted by the Parliament, for main"taining the Forces, with the Forts, Garrifons, and "Frigates, are now at an End. And these being still neceffary to be maintained; as likewife that the Ma"gazines 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 fuch Manner as may "be most easy and effectual.

"We have named the Duke of Argyle to be Our "Commiffioner, to reprefent Our Perfon, in this Seffion "of Parliament; as One of whofe Capacity and Zeal "for Our Service, and the Kingdom's Good and Advantage, We are fufficiently affured, and no lefs hope"ful that he will be to you acceptable.

"We have fully empowered him to declare Our firm "Refolutions to maintain the Government, both in "Church and State, as by Law eftablished; and like"wife to confent to fuch further Laws as fhall be thought needful for that End.

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"We have alfo empowered him to give the Royal "Affent to fuch good Laws as fhall be concluded, for "the Advancement of Piety and Difcouragement of Immorality, for the better encouraging and improving of Trade and Manufacture, the further fecuring "of private Rights and Conveyances, and for pro"moting the more eafy and fpeedy Administration of "Justice, and generally for what may be found for "the Good and Advantage of the Kingdom: In all "which, and whatever elfe may contribute to the Happiness and Satisfaction of Our People, you fhall "have Our ready and chearful Concurrence.

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By Her Majefty's Command.

"DAVID NAIRN."

Tuesday, 17th July, 1705.

Refolved, That this Parliament will not proceed to "the Nomination of a Succeffor, till we have had a previous Treaty with England, in relation to a Com66 merce, and other Concerns with that Nation. And "further it is Refolved, That this Parliament will pro"ceed to make fuch Limitations and Conditions of Go"vernment, for the Rectification of our Conftitution, as may fecure the Liberty, Religion, and Indepen"dency of this Kingdom, before they proceed to the "faid Nomination.

"The Eftates of Parliament confidering with what "Earneftnefs the Queen's Majefty has recommended to

Royal and juft Purpofe of having a Treaty fet on "Foot betwixt Her Two Independent Kingdoms of "Scotland and England, without which thefe Things "of great Confequence betwixt them cannot be ac"commodat: Therefore Her Majefty, with Advice "and Confent of the Eftates of Parliament, doth Enact, Statute, and Ordain, That fuch Perfons, and Quorum thereof, as fhall be nominat and appointed "by Her Majeftie, under the Great Seal of this Kingdom, fhall have full Power and Commiffion, "lyke as Her Majeftie, with Advice and Confent fore"faid, doth hereby give and grant full Power, Com

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miffion, and Authority, to the faids Perfons and their "Quorum, to convene and meet at fuch Time and "Times, and in fuch Place and Places, as Her Ma"jefty fhall please to appoint, to treat and confult, with "fuch Commiffioners as thall be authorized by Au"thority of the Parliament of England, of and con

cerning fuch other Matters, Claufes, and Things, as, upon mature Deliberation of the greateft Part of "the faids Commiffioners affembled as aforefaid, and "the Commiflioners to be authorized by Authority of "the Parliament of England, according to the Tenor "of their Commiffions in that Behalf, fhall think ne"ceffary and convenient for the Honour of Her Majeftie, the common Good and Welfare of both the "faids Realms, for ever. And the faids Commiffioners "for both the faids Kingdoms fhall, according to the "Tenure of their refpective Commiflions, fet down and "reduce their Proceedings in the faid Matter into Three "feveral Writings and Inftruments, each of them to be "fubfcryed and fealed by the faids Commiflioners and "their Quorum, to the End that One of thefe Wri"tings or Inftruments may, in all Humility, be pre"fented to the Queen's Majeftie, and another of the "faids Writings or Instruments to be offered to the "Parliament of Scotland, and the other of the faids

Writings or Inftruments to be offered to the Parliament of England, at their next Seffion to be held in "each Kingdom refpectively, after fuch Writings or "Inftruments fhall be fubfcryed and fealed by the faids "Commiffioners; that thereupon fuch further Proceedings may be had, as by Her Majefty and both the "faids Parliaments fhall be thought fit and neceffary "for the Weal and Common Good of both the faids "Kingdoms: To which Parliaments, the intire Con"fideration of the Whole, and the allowing or dif

"We, Your Majefty's most loyal and dutiful Sub"jects, the Noblemen, Barons, and Burgeffes, affembled "in Parliament, do, in all Humility, reprefent to Your "Majefty, That, in Complyance with the Defire of "Your Majesty's Royal Letter, whereby You earnestly

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recommend to us, to pafs an Act for a Commiffion to "fet a Treaty on Foot betwixt the Kingdoms of Scot"land and England, and for a nearer and more com"pleate Union between them, and for fuch other "Matters and Things as may be judged proper for "Your Majeftie's Honour, and the Good and Advantage of both Kingdoms for ever: Wee have, by our "Vote, agreed to the paffing of the faid Act, in the "moft fair and equal Termes that could be expected; "leaving to Your Majesty the Nomination of the Com"miffioners for this Kingdom, and the Time and Place "of their Meeting with the Commiffioners of Eng"land.

"But though wee have in that Act forborn to take "any Notice of a Claufe in a late Act of Parliament "of England, intituled, "An Act for the effectual "fecuring the Kingdom of England from the apparent "Dangers that may arise from several Acts lately passed "in the Parliament of Scotland;" by which Claufe, 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

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Allegiance of the Queen of England; yet wee can"not but, with all Submiffion, fignify to Your Majefty, "as Soveraign of both Kingdoms, that wee, and the "whole Nation whom wee reprefent, are most sen"fible of the great Injuries done us by that Claufe, "whereby wee are denyed the Right and Privilege "in England, which the Natives of England do enjoy "in Scotland, and which wee have conftantly enjoyed "in England, as a legal and neceffary Confequence of our being natural-born Subjects of the fame So"veraign, and hath always been fuftained as a mutual "Privilege in the Courts and Judicatures of both "Nations.

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May it please Your Majefty,

"And that it is the Opinion of the Committee, That, fhew the friendly Difpofition of this Nation "towards the Kingdom of Scotland, in order to the procuring of the faid Ends, that all the Clauses "in the Act for the effectual fecuring the Kingdom of England from the apparent Dangers that may arife "from the feveral Acts lately paffed in Scotland, be

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repealed, except thofe that relate to the empowering "Her Majefty to name Commiffioners for a Treaty "of an Union with Scotland, or to the faid Com"miffion."

To which the Houfe agreed

"Refolved, by the Lords Spiritual and Temporal in "Parliament affembled, That it does appear to this

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"Houfe,

Houle, That Her Majefty has in the most earnest "Manner recommended to the Parliament of Scotland, "the Settlement of the Succeffion of that Crown in "the Proteftant Line; and done what in Her lay, tó

procure an entire Union of the Two Kingdoms: And "that it is the Opinion of this Houfe, That, to fhew "the friendly Difpofition of this Nation towards the "Kingdom of Scotland, in order to the procuring of "the faid Ends, that all the Claufes in the Act, inti"ruled, "An Act for the effectual fecuring the King"dom of England from the apparent Dangers that may "arife from the feveral Acts lately paffed in Scotland," "be repealed; except thofe that relate to the empowering Her Majefty to name Commiffioners for a Treaty of an Union with Scotland, or to the faid Commiffion."

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It is ORDERED, by the Lords Spiritual and Tem

fuerunt:

the faid Caufe, by Counfel, at the Bar, on Wednesday the Fifth Day of December next, at Eleven a Clock in the Forenoon.

Addrefs to the Queen, to maintain a good Correfpondence with the Allies:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That this Houfe will hear the Errors argued thereupon, on Friday the Seventh Day of December next, at Eleven a Clock.

The Earl of Kingston reported from the Lords Committees, the Address drawn by them.

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Which was read, as followeth ; (videlicet,)

"We, Your Majefty's most dutiful and loyal Subjects, "the Lords Spiritual and Temporal in Parlia ment affembled, being juftly alarmed by the many Arti"fices which the Emiffaries of France have put in "Practice this laft Year, in order to raife Jealoufies and "create Mifunderstandings amongst the Allies engaged "in this neceffary War for the Support of the Liberties "of Europe; and being apprehenfive left fuch malici"ous Infinuations, if they fhould pass unobserved, might "in Time fo far take Place, as to abate the Spirit and "flacken the Zeal of the Confederacy; do most humbly "befeech Your Majefty to ufe all poffible Endeavours "to preserve a good Correfpondence amongst all the "Confederates, and in a moft particular Manner to "maintain and cultivate a ftrict Friendship with The "States General of the United Provinces: And we moft "humbly entreat Your Majefty, that as, in Your own Way of acting, You have fet before Your Allies a great and noble Example, fo You would be graci"oufly pleased, by all other proper Means, to excite the "whole Confederacy to make early and effectual Pre"parations, and to exert their utmost Vigour, in the "Profecution of the War against France."

Meffage to
H. C. with it.

verfus

Torbuck; Earl Rivers

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To which the Houfe agreed.

And ORDERED, That the faid Addrefs be communicated to the Commons, for their Concurrence.

Then, A Meffage was fent to the Houfe of Commons, by Mr. Justice Powys and Mr. Juftice Gould:

To carry down the faid Addrefs, and defire their Concurrence to it.

Marbury & al. Upon reading the Petition of Richard Earl Rivers; fhewing, "That Katherine Marbury, Benjamin Woodroffe "Doctor in Divinity, and Mary his Wife, Gilbert Thacker made a Party. Efquire, and Elizabeth his Wife, Sifters and Co-heirs "of William and Richard Marbury deceased, have lately "prefented their Appeal to this Houfe, thereby feeking "to reverse a Decree made in the Court of Chancery, the "Eight and Twentieth Day of August One Thoufand "Seven Hundred and One, whereby the Eftates of the "faid William Marbury, in the County of Chefter, were "decreed to be fold to the beft Purchafer; that, after "feveral Biddings before the Mafter appointed by the "faid Decree, and after divers Years, (videlicet,) on the "Eighth Day of June laft, the Petitioner was, by Decrece

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put a Stop to the Petitioner's Proceedings in the faid "Court, to compel Conveyances to be made to him of the "Eftates by the faid Parties;" and praying, "That he "may be allowed to be a Party to defend the faid Appeal "in this Houfe, he being a Purchaser under the said Decree, and the principal Perfon concerned in Interest to "defend the fame; and that the Appellants may proceed "thereupon with Effect against the laid Creditors; or, in "Default thereof, the Appeal to be difmiffed:"

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of the faid Court of Chancery, allowed Purchaser of the "faid Eftates at Nineteen Thoufand Pounds, and has paid "his Purchase-money; and the Petitioner not knowing "how far the Creditors of William and Richard Marbury "may collude with the Appellants, in making of a feigned Vol. XVIII.

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Having newly received Letters from the King of Spain and the Earl of Peterborow, which contain a very particular Account of our great and happy Suc"ceffes in Catalonia; and fhewing at the fame Time the "Reasonableness of their being immediately fupported; "I look upon this to be a Matter of fo much Confequence in itself, and fo agreeable to you, that I have "ordered a Copy of the King of Spain's Letter to Myfelf, a Letter from the Junta of the Military Arm of "Catalonia, and another Letter from the City of Vich, as alfo an Extract of the Earl of Peterborow's Letter "to Me, to be communicated to both Houfes of Par"liament.

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Iler Speech.

"I had not delayed to remind Your Majefty of My "fincere Refpects, had I not waited for a good Occa"fion of doing it; which I have now met with, in "having the Honour to let You know, that the Town "of Barcelona has furrendered to Me by Capitulation. "I make no Doubt but You will receive this great "News with an entire Satisfaction, as well because this happy Succefs is but an Effect of Your ever-glorious "Arms, as by reafon of thofe kind and tender Senti"ments of a Parent, with which You confider Me, and "all that may contribute to the Advancement of My "Interest.

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"I muft do this Juftice to all Your Officers and Pri"vate Soldiers, and in particular to my Lord Peter"borow, that he has fhown throughout this Expedition a Conftancy, Valour, and Conduct, worthy the Choice "which Your Majefty has made of him; and that he "could not give Me greater Satisfaction than he has done, of the great Zeal and Application which he "has equally fhewn for My Intereft and Service. I owe "the fame Juftice to Your Brigadier General Stanhope, upon account of his great Zeal, Attention, and most "prudent Conduct, of which he has given Me Proofs "in all Manner of Occafions; as alfo to all Your Of"ficers of the Fleet, and principally to Your worthy "Admiral Shovell; affuring Your Majefty, that he has "feconded Me in this Expedition with an inconceivable "Readiness and Application, and that no Admiral can "ever make Me more Content than he has done. "During the Siege of Barcelona, fome of Your Majefty's Ships, together with the Troops of the Country, "have reduced the Town of Tarragona; and the Of"ficers remained Prifoners of War. Other Troops of "the Country at the fame Time made themselves "Mafters of the Town of Girona by a Stratagem. The "Town of Lorida has fubmitted to Me, as has alfo the "Town of Tortofa, on the River Ebro; fo that all "the Places in Catalonia are taken, except the Town "of Rofes. Some Places in Arragon not far from "Saragofa have declared for Me; and the Castle of "Denia in Valentia ftill holds our, and has repulfed the Enemy. Four Hundred of their Horfe have entered "into My Service, and a great Number of their Foot have deferted. This, Madam, is the Condition in "which Your Arms and the Inclination of the People have placed my Affairs. I need not tell You what "puts a Stop to the Courfe of thefe Conquefts; it is neither the Season nor the Enemy; those are no Obstacles to Your Troops, who defire nothing more than

to be in Action under the Conduct they now are. "The Taking of Barcelona with fo fmall a Number of Troops is remarkable enough; but few Examples "will be found of what has happened in this Siege : "Seven or Light Thoufand Men of Your Troops, and

Two Thousand Miquelets, have furrounded and in"vefted a Place which Thirty Thoufand French were "not able to do.

"After a March of Thirteen Hours, they climbed

up Rocks and Precipices, to attack a Fortification "ftronger than the Town, of which the Earl of Pe "terboro fends You the Plan; and Two Generals "entered with the Grenadiers on this Attack with Sword "in Hand, where the Prince of Helle met with a glo"rious Death, after fo many noble Actions; and I hope that his Brother and Family will always have "Your Majesty's Protection. With Eight Hundred "Men, they forced the covered Way, and all the In"trenchments and Works, One after another, to the "laft Retreat, against Five Hundred Men of the Troops "that guarded the Place, befides the Reinforcement they had received; and in Three Days after, they "were Mafters of the Place. The Town was attacked "under the Caftle, and the Cannon and Artillery were "again landed with inconceivable Pains and Labour; "Two Camps were maintained, and a Communication preferved between them, though near Three Leagues "diftant from each other, against a Garrifon almost as "numerous as our Army, and who in Horfe were "Twice as ftrong as ourfelves. The Fift Camp was "fo well intrenched, that it was defended with Two

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Thousand Men, befides the Dragoons, while the Attack "was carried on with the reft; and as foon as a Breach "was made, the Difpofition was formed for giving the "Affault with the whole Army. Thefe, Madam, are "Circumftances, that perhaps diftinguifh this Action "from any other.

"There happened another Accident, which was never "known before. The Cruelties of the pretended Viceroy, and the Report that he intended to carry away "feveral Prifoners contrary to the Capitulation, had "ftirred up the Burghers and fome of the Country "to take Arms. The Garri'on, being employed in "loading their Baggage, in order to march out the "next Day, found themfelves in a very great Confu"fion, and all Things tending to a Slaughter, when "Your Majefty's Troops entered the Town with the "Earl of Peterborow; and, inftead of bufying them"felves with Plundering, as is ufual in fuch Occafions,

they appeafed the Disorder, and faved the Town, and "even the Lives of their Enemies, with a Difcipline "and Generofity without Example. Nothing remains, "but that I return You My molt refpectful Thanks, "for having fent Me fo great a Fleet, and fo good and "valiant Troops, to aflift Me; after fuch happy

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Beginnings, I thought it proper, according to the Opi"nion of Your Generals and Admirals, to maintain "in Perfon the Conquefts we have made; and to fhew "My Subjects, who are fo affectionate to My Person, "that I cannot abandon them. I receive fo great an "Affiftance from Your Majefty, and Your generous "Nation, that I am overcome with Your Goodnefs, "and in the greatest Confufion that I fhould be the "Occafion of fo great an Expence for the fupporting "of My Intereft: But, Madam, I give up My own "Perfon, and My Subjects in Catalonia, who expose "their Lives and Fortunes upon the Affurances they "have of Your generous Protection. Your Majefty "and Your Council know better than we what is ne"ceffary for our Preservation. We fhall wait for Your "Majefty's Succours, with an Succours, with an entire Confidence in

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"Your