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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 Cockburne be first heard the first day the parliament shall proceed upon privat business.
Resolved that the Earle Marischall's report anent the sitting of the house for the better accommodation of the members be taken the next sitting of parliament.
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 Dicksone of Inverask and David Sutherland of Kinnald for voteing against the Lieutennent Generall Ramsay in decyding the debateable elections of West Lothian, be cited to compear the next sitting of parliament peremptorie.
The petition for the burgh of Lanerk, with the condescendence of the customs to which it refers, 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 severall shyres and stewartries yearly at the Michaelmess head courts read and ordered to lye on the table.
The objection against James Sinclair of Stempster, commissioner for the shyre 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 mandatare who should be lyable in the penalty of law in caice he succumbed in the objection, howbeit both a place and a name be written upon the letter, and that his right was a charter and sasine 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 himselfe lyable for the penalty in the termes of the act 1681, and that the apparancie in this case (supposing the possession) could give no such right, being only heir or appearand heir to a brother who himselfe 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 advysing, the vote was stated sustain the commission or remit to the shyre to elect ane other, and carried remit.
The contraverted elections for the stewartrie of Orknay called, and the advocats for either pairtie being heard, the objection was made against the elections of Sir Archbald Stewart of Burray and Alexander Douglass of Egleshaw that ther a was no legall intimation for certiorating the freeholders; and it being ansuered that the election was made at the Michaelmess head court and so needed no previous intimation, and replyed that there was never a Michaelmess head court held in Orknay, and duplyed that the act of parliament appoynting the annuall elections at the Michaelmes court was sufficient both for a warrand and intimation of the present election, and triplyed that the constant custom of Orknay was to hold the first court after Michaelmess on the second day of November, and therefore this election, being at Michaelmes, cannot be understood to have been at the Michaelmes head court, and quadruplyed that the act of parliament makes the Michaelmes head court to be the first court after Michaelmes day, and this election haveing bein made upon Michaelmes day, must be understood to have been as it ought in law to be the first court after Michaelmes. 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 Gairsie and Henry Grahame of Braicknes, haveing withdrawen their commissions, and offering to object against Eagleshaw as being incapable to elect or be elected, and there being no further objection against Sir Archbald Stewart, he was admitted as legally elected, and took the oath of alleadgeance and oath of parliament and subscribed the alleadgeance and assurance accordingly.
The lord chancellor, by order of her majesties high commissioner, adjourned the parliament till Tuesday next at ten a clock.
Seafield, cancellar[ius], I.P.D. p[arliamenti]†