Procedure

Prayers said. The rolls called.

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Procedure: oaths taken; minutes read

[George MacKay], lord Reay and Mr John Pringle of Haining, commissioner for the shire of Selkirk in place of Sir James Murray of Philiphaugh, now lord register, took the oath of allegiance and oath of parliament and subscribed the allegiance and assurance.

The minutes of the last sederunt read.

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Legislation

The act recognising her majesty's authority was touched with the sceptre by the lord commissioner in the usual form, of which act the tenor follows:

Act asserting and recognising her majesty's authority

The estates of parliament, considering that by the death of the late King William, of ever glorious memory, the crown and royal dignity of this kingdom is by right devolved upon Queen Anne, our present gracious sovereign, conforming to the declaration of the estates of this kingdom, therefore the estates of parliament, for themselves and in name and behalf of the whole subjects of this kingdom, assert, recognise and acknowledge her majesty's undoubted right and title to the imperial crown of this kingdom, and her majesty, with advice and consent of the said estates of parliament, does statute and declare that it is and shall be high treason in any of the subjects of this kingdom to disown, quarrel or impugn her majesty's right and title to the crown of this kingdom or her exercise of the government thereof from her actual entry to the same.

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Procedure: draft act and draft resolve read and to lie on the table

[Charles Home], earl of Home presented the draft of an act and offer of a supply to her majesty for the ends therein contained.

[John Hay], marquis of Tweeddale presented an overture for a resolve of parliament that, before all other business, the parliament might proceed to make such conditions of government and regulations in the constitution of this kingdom to take place after the decease of her majesty and the heirs of her body as shall be necessary for the preservation of our religion and liberty; both which papers were read in order as they were presented and ordered to lie on the table.

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Procedure: disputed election and voting

The consideration of the controverted elections for the shire of East Lothian between Sir George Suttie [of Balgown] and [John Cockburn], the laird of Ormiston, younger, was resumed, and the objection against Home of Gamelshiel who had voted for Sir George that his retour did not bear his lands extended to the twenty merks of old extent mentioned therein as distinct from the feu duty in the reddendo, conform to the act of parliament 1681, was sustained. The objection against Cant of Dryburnford, another of those who voted for Sir George, was passed from, and the objection against Ogle of Poppilhall (that although his writs contain a ten pound land, yet he has not right to such a part thereof as appropriate to a forty shilling land within the shire of East Lothian, with the answer to it namely, that unless it were proven he was denuded thereof or that so much of his lands lay in the shire of Berwick as leaves not such a proportion thereof in East Lothian as appropriate to a forty shilling land he ought still to have his vote) being considered, the party objected against was called, and he affirming that he had still remaining within the shire of East Lothian more of the ten pound land in the retour produced for him than appropriate to the forty shilling land, there was a joint probation allowed to either party anent Poppilhall's having still in his possession within the shire of East Lothian a fifth part of the ten pound land contained in the retour produced according to the several proportions thereof lying in both shires, and diligence granted for that effect against the first sitting of parliament next week, with certification that no further time should be allowed. Then the objection against [William] Hepburn of Beinstoun's vote with the answer made thereto being considered, after some reasoning thereupon, the vote was stated proceed to determine or remit to a new election, and it carried proceed. After which the vote was again stated sustain the objection or not, and carried not.

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Petition: presented and continued

A petition for [William Ross], lord Ross presented and ordained to be read the next sitting of parliament.

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Procedure: adjournment

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

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  2. NAS. PA2/38, f.74-74v. Back
  3. NAS. PA2/38, f.74v. Back
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  5. NAS. PA2/38, f.75. Back