Parliamentary Minutes†

Tuesday 9 June 1702

[Protest made; paper read; instruments taken]

Prayers said.

[James Douglas], duke of Hamilton immediately thereafter craved to be heard, and though desired by the lord chancellor to sit until her majesty's commission was read and the house constituted, yet persisted, and said that for avoiding of contests he had a paper to read, which paper he read as containing the reasons of his withdrawing; and thereupon and upon his withdrawing, took instruments, but without giving in his paper.

Thereafter the clerk register and several of the members declared that they adhered to the duke of Hamilton's paper and also took instruments and withdrew.

  1. Draft minutes from 9 to 30 June, together with printed minutes from 23 June, can be found at NAS. PA7/18/1. These have been amended by the clerk and match PA6/36. Back
  2. NLS. A.115.a.1, nos.1 (Printed minutes) or NAS. PA6/36, 1, f.1-2. Back
  3. The following declaration follows all 1702 printed minutes: 'By order of his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the estates of parliament, the clerks of parliament and session appoint the heirs and successors of Andrew Anderson, her majesty's printer, to print these minutes of the proceedings in parliament, and that no others presume to print the same. James Dalrymple, Edinburgh, printed by the heirs and successors of Andrew Anderson, printer to the queen's most excellent majesty, 1702'. Back
[Opening of session; protests over precedency]

The queen's commission to James [Douglas], duke of Queensberry to be her majesty's high commissioner to this session of parliament read.

Rolls called.

[John Erskine], earl of Mar protested for the precedency of all the earls ranked before him in the rolls of parliament.

[James Douglas], earl of Morton protested for the precedency of all the earls ranked before him in the rolls of parliament.

[James Ogilvy], earl of Findlater protested against the calling of [James Ogilvy], earl of Airlie before him in the rolls of parliament.

[David Leslie], earl of Leven protested against the calling of [James Livingstone], earl of Callander before him in the rolls of parliament.

  1. Draft minutes from 9 to 30 June, together with printed minutes from 23 June, can be found at NAS. PA7/18/1. These have been amended by the clerk and match PA6/36. Back
  2. NLS. A.115.a.1, nos.1 (Printed minutes) or NAS. PA6/36, 1, f.1-2. Back
  3. The following declaration follows all 1702 printed minutes: 'By order of his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the estates of parliament, the clerks of parliament and session appoint the heirs and successors of Andrew Anderson, her majesty's printer, to print these minutes of the proceedings in parliament, and that no others presume to print the same. James Dalrymple, Edinburgh, printed by the heirs and successors of Andrew Anderson, printer to the queen's most excellent majesty, 1702'. Back
[Oaths taken; letter read; commissions read]

By order of the lord high commissioner, one of the clerks of parliament and session and clerk to her majesty's processes (in respect of the clerk register's withdrawing) tendered the oath of allegiance to the lord chancellor, who did swear and sign the same with the assurance and took the oath of parliament. And then all the clerks of parliament and session did swear the oath of allegiance, and signed the same with the assurance, and gave their oaths of faithful administration.

[George Melville], earl of Melville, lord president of the privy council, and [John Lindsay], earl of Crawford and the other nobility, called up by order of the roll at different times, took the oath of allegiance and signed the same with the assurance and took the oath of parliament; and, in the same manner, so did the barons and commissioners for burghs.

A letter from her majesty to my lord commissioner appointing [Alexander Montgomery], lord Montgomery to sit and vote in this present session of parliament as lord high treasurer read, and the Lord Montgomery took the oath of allegiance and signed the same with the assurance and took the oath of parliament.

A commission to William [Johnston], marquis of Annandale under the great seal to be lord privy seal read and ordered to be recorded, who took the oath of allegiance and signed the same with the assurance and took the oath of parliament.

A commission to James [Ogilvy], earl of Seafield under the great seal to be one of the principal secretaries of state, and a letter from her majesty to my lord commissioner appointing the said earl to sit and vote in this session of parliament as lord secretary read, and the commission ordered to be recorded.

  1. Draft minutes from 9 to 30 June, together with printed minutes from 23 June, can be found at NAS. PA7/18/1. These have been amended by the clerk and match PA6/36. Back
  2. NLS. A.115.a.1, nos.1 (Printed minutes) or NAS. PA6/36, 1, f.1-2. Back
  3. The following declaration follows all 1702 printed minutes: 'By order of his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the estates of parliament, the clerks of parliament and session appoint the heirs and successors of Andrew Anderson, her majesty's printer, to print these minutes of the proceedings in parliament, and that no others presume to print the same. James Dalrymple, Edinburgh, printed by the heirs and successors of Andrew Anderson, printer to the queen's most excellent majesty, 1702'. Back
[Patents read; oaths taken]

The patents under the great seal creating Archibald [Campbell], earl of Argyll duke of Argyll, and Robert [Kerr], earl of Lothian marquis of Lothian, and William [Johnston], earl of Annandale marquis of Annandale, and James [Ogilvy], viscount of Seafield earl of Seafield, and John [Carmichael], lord Carmichael earl of Hyndford, were read and ordered to be recorded.

The duke of Argyll, the marquis of Lothian and the earls of Seafield and Hyndford took the oath of allegiance and signed the same with the assurance and took the oath of parliament.

John Sharp of Hoddam, commissioner for the shire of Dumfries, and Mr John Stewart of Sorbie, for the shire of Wigtown, now elected in place of the two former members deceased, took the oath of allegiance and signed the same with the assurance and took the oath of parliament.

John Scrimgeour [of Kirkton], commissioner for the burgh of Dundee, and Sir Alexander Ogilvie [of Forglen], for the burgh of Banff, in place of the two former members deceased, took the oath of allegiance and signed the same with the assurance and took the oath of parliament.

  1. Draft minutes from 9 to 30 June, together with printed minutes from 23 June, can be found at NAS. PA7/18/1. These have been amended by the clerk and match PA6/36. Back
  2. NLS. A.115.a.1, nos.1 (Printed minutes) or NAS. PA6/36, 1, f.1-2. Back
  3. The following declaration follows all 1702 printed minutes: 'By order of his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the estates of parliament, the clerks of parliament and session appoint the heirs and successors of Andrew Anderson, her majesty's printer, to print these minutes of the proceedings in parliament, and that no others presume to print the same. James Dalrymple, Edinburgh, printed by the heirs and successors of Andrew Anderson, printer to the queen's most excellent majesty, 1702'. Back
[Remit to committee; queen's letter read; speeches made and ordered to be printed]

Two commissions, the one to George Munro of Culcairn and the other to David Sutherland of Kinnauld, being presented from the shire of Sutherland, the same were remitted to the committee to be appointed for controverted elections.

The queen's most gracious letter to the parliament, presented by her majesty's high commissioner, was read.

Then her majesty's high commissioner made a speech to the parliament.

Thereafter the lord chancellor made his speech to the parliament.

A motion being made for printing her majesty's letter, his grace the commissioner's speech and the lord chancellor's speech, the same was ordered accordingly.

  1. Draft minutes from 9 to 30 June, together with printed minutes from 23 June, can be found at NAS. PA7/18/1. These have been amended by the clerk and match PA6/36. Back
  2. NLS. A.115.a.1, nos.1 (Printed minutes) or NAS. PA6/36, 1, f.1-2. Back
  3. The following declaration follows all 1702 printed minutes: 'By order of his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the estates of parliament, the clerks of parliament and session appoint the heirs and successors of Andrew Anderson, her majesty's printer, to print these minutes of the proceedings in parliament, and that no others presume to print the same. James Dalrymple, Edinburgh, printed by the heirs and successors of Andrew Anderson, printer to the queen's most excellent majesty, 1702'. Back
[Acts ordered to be brought in]

Moved that an act be brought in next sederunt of parliament for recognising her majesty's royal authority; and her majesty's coronation oath, with the attestation by several of the privy council of her taking the same, were read.

Ordered that the draft of an act be brought in next sederunt of parliament for recognising her majesty's royal authority.

Moved that an act be brought in next sederunt of parliament for securing the Protestant religion and presbyterian church government as now established, which was ordered accordingly.

Moved that an act be brought in authorising the appointment of a fast, according to the desire of the commission of the general assembly, which was ordered accordingly.

  1. Draft minutes from 9 to 30 June, together with printed minutes from 23 June, can be found at NAS. PA7/18/1. These have been amended by the clerk and match PA6/36. Back
  2. NLS. A.115.a.1, nos.1 (Printed minutes) or NAS. PA6/36, 1, f.1-2. Back
  3. The following declaration follows all 1702 printed minutes: 'By order of his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the estates of parliament, the clerks of parliament and session appoint the heirs and successors of Andrew Anderson, her majesty's printer, to print these minutes of the proceedings in parliament, and that no others presume to print the same. James Dalrymple, Edinburgh, printed by the heirs and successors of Andrew Anderson, printer to the queen's most excellent majesty, 1702'. Back
[Committees to be appointed; continuation]

Moved that the committees be appointed, and agreed that there be four committees: one for the security of the kingdom, consisting of nine of each estate; a second for controverted elections, consisting of five of each estate; a third for drawing an answer to her majesty's letter, consisting of one of each estate; and a fourth of the same number for revising the minutes.

Ordered that the members prepare their lists for the several committees to be elected next sederunt of parliament.

The lord chancellor, by order of her majesty high commissioner, adjourned the parliament until Thursday next at 10 o'clock.

[Patrick Hume, earl of] Marchmont, chancellor, in the presence of the lords of parliament†

  1. Draft minutes from 9 to 30 June, together with printed minutes from 23 June, can be found at NAS. PA7/18/1. These have been amended by the clerk and match PA6/36. Back
  2. NLS. A.115.a.1, nos.1 (Printed minutes) or NAS. PA6/36, 1, f.1-2. Back
  3. The following declaration follows all 1702 printed minutes: 'By order of his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the estates of parliament, the clerks of parliament and session appoint the heirs and successors of Andrew Anderson, her majesty's printer, to print these minutes of the proceedings in parliament, and that no others presume to print the same. James Dalrymple, Edinburgh, printed by the heirs and successors of Andrew Anderson, printer to the queen's most excellent majesty, 1702'. Back