The earl-marshal entered a protest, importing, that no person being successor to the crown of England should inherit that of Scotland, without such previous limitations as might secure the honour and sovereignty of the Scottish crown and kingdom, the frequency and power of parliament, the religion, liberty, and trade of the nation, from English or any foreign influence.
He was seconded by six-and-forty members.

With regard to the third article of the union, stipulating, that both kingdoms should be represented by one and the same parliament, the country party observed that, by assenting to this expedient, they did in effect sink their own constitution, while that of England underwent no alteration: that in all nations there are fundamentals which no power whatever can alter: that the rights and privileges of parliament being one of those fundamentals among the Scots, no parliament, or any other power, could ever legally prohibit the meeting of parliaments, or deprive any of the three estates of its right of sitting or voting in parliament, or give up the rights and privileges of parliament: but that by this treaty the parliament of Scotland was entirely abrogated, its rights and privileges sacrificed, and those of the English parliament substituted in their place.

They argued that though the legislative power in parliament was regulated and determined by a majority of voices; yet the giving up the constitution, with the rights and privileges of the nation, was not subject to suffrage, being founded on dominion and property, and therefore could not be legally surrendered without the consent of every person who had a right to elect and be represented in parliament.

They affirmed, that the obligation laid on the Scottish members to reside so long in London in attendance on the British parliament, would drain Scotland of all its money, impoverish the members, and subject them to the temptation of being corrupted.

Another protest was entered by the marquis of Annandale against an incorporating union, as being odious to the people, subversive of the constitution, sovereignty, and claim of right, and threatening ruin to the church as by law established.