[1703/5/93]*[print] [email] [cite] [preceding] [following]
Prayers said. The rolls called.
The minuts of the last sederunt, read.
Agreed that the action at the laird of Moristoun's instance against Sir James Cockburn be first heard the first day the parliament shall proceed upon privat affairs.
Resolved that the Earl Marischall's report anent the fitting of the house for the better accommodation of the members be taken the next sitting of parliament.
[1703/5/94]*[print] [email] [cite] [preceding] [following]
Ordered upon a complaint against one Mr Seaton, ensigne in the foot guards, that he and the witnesses present at his alledged challenging Sir Robert Dickson of Innerask and David Sutherland of Kinnald, for voteing against the Lieutenant General Ramsay, in decideing the debateable elections of West Lothian, be cited to compear the next sitting of parliament peremptorie.
[1703/5/95]*[print] [email] [cite] [preceding] [following]
The petition for the burgh of Lanerk, with the condescendance of the customes to which it referrs, read, and ordered to be read again the next sitting of parliament.
Overture in form of an act for makeing the elections of commissioners to parliament in the several shires and stewartries yearly at the Michaelmass head courts, read and ordered to ly on the table.
[1703/5/96]*[print] [email] [cite] [preceding] [following]
The objection against James Sinclair of Stempster, commissioner for the shire of Caithness, considered and the instrument taken thereupon at his election read, and the advocats for and against him being called and heard, the answer founded on the defects of a mandat was insisted in viz., that the letter was not formally dated, wanting the place at which it was subscribed, nor mentioned the name of any mandatar who should be lyable in the penalty of law in case he succumbed in the objection, howbeit both a place and a name be written in the letter; and that his right was a charter and seasine upon an adjudication in the person of his father disponed to his elder brother, with a provision of substitution to him, by vertue whereof he, being in possession as heir to his brother, had right to elect and be elected; and it being replyed that the letter was both sufficiently dated and directed to Mr Robert Fraser, who sisted himself lyable to the penalty in the terms of the act of parliament jM vjC and eighty one years, and that the apparency in this case (supposeing the possession) could give no such right, being only heir or appearand heir to a brother who himself was only a singular successor in the adjudication and never infeft in the lands adjudged, so that he was neither apparent heir to a freeholder infeft nor infeft himself on the singular title. After adviseing, the vote was stated, sustain the commission or remit to the shire to elect another, and carried remit.
[1703/5/97]*[print] [email] [cite] [preceding] [following]
The contraverted elections for the stewartrie of Orkney called, and the advocats for either party being heard, the objection was made against the elections of Sir Archbald Steuart of Burray and Alexander Douglass of Egilshaw that there was no legal intimation for certiorating the freeholders; and it being answered that the election was at the Michaelmass head court and so needed no previous intimation; and replyed that there was never a Michaelmass head court held in Orkney; and duplyed that the act of parliament appointing the annual elections at the Michaelmass court was sufficient both for a warrand and intimation of the present election; and triplyed that the constant custom of Orkney was to hold the first court after Michaelmass on the second day of November and, therefore, this election being at Michaelmass cannot be understood to have been at the Michaelmass head court; and quadruplyed that the act of parliament makes the Michaelmass head court to be the first court after Michaelmass day and this election haveing been made upon Michaelmass day must be understood to have been as it ought in law to be the first court after Michaelmass. The minuts of the court of election and the instruments and protestations taken thereat, with a protestation taken thereafter against the clerk of the court, were then read and the vote stated, sustain or repell the objection, and carried repell. After which Sir William Craigie of Gairsey and Henry Graham of Braikness, haveing withdrawn their commissions and offering to object against Egilshaw as being incapable to elect or be elected and there being no furder objection against Sir Archbald Steuart, he was admitted as legally elected and took the oath of alleadgeance and oath of parliament and subscribed the alledgeance and assureance accordingly.
The lord chancellor, by order of her majesties' high commissioner, adjourned the parliament till Tuesday next at ten a clock.