Though the Duke of Athol entered a vigorous protest, to which the greater part of the cavaliers and all the squadrone adhered, comprehending four-and-twenty peers, seven-and-thirty barons, and eighteen boroughs, the act for the treaty of union was, after much altercation, finished, empowering commissioners to meet and treat of an union; but restraining them from treating of any alterations of the church government as by law established.

Whilst this important subject was under consideration, the duke of Hamilton, to the amazement of his whole party, moved that the nomination of the commissioners should be left to the queen.

Fourteen or fifteen of the cavaliers ran out of the house in a transport of indignation, exclaiming that they were deserted and basely betrayed by the duke of Hamilton.
A very hot debate ensued, in the course of which the duke was severely handled by those whom he had hitherto conducted: but at length the question being put whether the nomination should be left to the queen or to the parliament, the duke's motion was approved by a very small majority.

He afterwards excused himself for his defection, by saying he saw it was in vain to contend, and that since the court had acquired a great majority, he thought he might be allowed to pay that compliment to his sovereign.

He was desirous of being in the commission, and the duke of Argyle promised he should be nominated.