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Prayers said. The rolls called.
The minuts of the last sederunt read.
The clause settling the administration for the interval of the twenty dayes next following the death of the sovereign, being farder considered and adjusted, an additional clause was offered bearing thirty of the said members of the estates and members of the former council to be a quorum, the plurality being alwayes of the estates who were not of the former council, and thereupon the vote stated, add the clause or no; but before asking the vote the earl of Marr protested for himself, and all who should adhere to his protestations, that this vote might not prejudge the peers of their birthright by secludeing them from sitting at any time amongst the members of estates and counsellers that are to meet dureing the interval because of their being members of the privy council that was at the king or queen's decease, and thereupon took instruments, which protestation was adhered to by the marquiss of Annandale, lord president of the privy council, the marquiss of Athole, lord privy seal, the earls of Crauford, Morton, Glencairn, Eglintoun, Wigtoun, Kelly, Galloway, Findlater, Leven, Balcarras, Kintoir, Dunmore, Melvil and Hindfoord [and] the lords Forbes, Elphingstoun, Rollo and Bellenden.
The laird of Kilbirny, in like manner, protested for himself, and all that should adhere to his protestation, against the clause as prejudicial to the priviledge of the state of barons, and that it might not be drawn in consequence as a precedent to the prejudice of that estate and thereupon took instruments, which protestation was adhered to by the laird of Cavers, Mr Francis Montgomery and Mr William Dalrymple.
Sir Patrick Johnstoun also protested that the vote might not prejudge the provost of Edinburgh for the time, he being usually a privy counsellor, and thereon he took instruments.
After which protestations the vote was asked, add the clause or no, and carried in the affirmative.
[1703/5/132]*[print] [email] [cite] [preceding] [following]
Moved that a clause be adjected ordaining that all commissions granted to the officers of state, lords of the thesaury and exchequer, president of the privy council and all other civil commissions that are now granted dureing pleasure shall, by the decease of the king or queen reigning, become null and void, excepting sherifs, steuarts and justices of the peace in their respective bounds; and after debate the question was first stated, add the clause or no, and being thereafter stated in these words viz., whither the commissions of the officers of state shall fall at the death of the king or queen or continue untill the meeting of the estates, the vote was asked whither the first state or the second state should be voted, and carried that the first state should be voted. Then the vote being asked, add the clause or no, was carried in the affirmative.
Then the lord chancellor, by order of her majesties' high commissioner, adjourned the parliament till Tuesday next at ten a clock.