 In 1690 and 1695, he was a Member of Parliament generally supporting the Tory interest, although the modern concept of political parties did not yet apply.He was able to sit in the English Parliament because his title was part of the Scottish peerage; after the 1707 Act of Union, Scottish peers were disqualified and he was required to give up his seat.In 1704, Fairfax obtained a three-year licence from Queen Anne to search for wrecks and treasure in the West Indies but the venture was a financial failure.