[1703/5/129]*[print] [email] [cite] [preceding] [following]
It was then considered whether the government should be lodged for the interval of time between the decease of the sovereign and the elapsing of the next twenty days thereafter in such members of the estates as should happen to be at Edinburgh or come to it for the time, or in the privy council of the then last deceased king or queen; and the vote being first stated, whether in the estates or in the privy council and being thereafter stated, whether in the estates jointly with the council or in the estates alone.
The marquis of Montrose protested for himself, and in name and behalf of all the peers of this kingdom who should adhere to his protestation, that no vote to be passed should in any manner of way prejudge the said peers in their native and undoubted right and dissented from the present vote in so far as it might derogate thereto, and thereupon asked instruments, which protestation was adhered to by his grace [James Douglas], duke of Hamilton, [John Hay], marquis of Tweeddale, the earls [William Keith, earl] Marischal, [John Hamilton/Leslie, earl of] Rothes, [David Erskine, earl of] Buchan, [Charles Home, earl of] Home, [John Lyon, earl of] Strathmore, [John Ker, earl of] Roxburghe, [Thomas Hamilton, earl of] Haddington, [Charles Hamilton Douglas, earl of] Selkirk, [John Hamilton, earl of] Ruglen and [Patrick Hume, earl of] Marchmont, the viscounts [David Murray, viscount of] Stormont and [Thomas Livingston, viscount of] Teviot and the lords [Alexander Stewart, lord] Blantyre, [John Hamilton, lord] Belhaven, [Robert Colville, lord] Colville [of Ochiltree] and [Patrick Kinnaird, lord] Kinnaird.
Robert Dundas of Arniston protested for himself, and in name of the barons and freeholders of Mid-Lothian, whom he had the honour to represent, and in behalf of any other shire of this kingdom whose representatives shall think fit to adhere to his protestation, that no clause to be voted and inserted in the act for security of the kingdom shall in any manner of way prejudge the legal and undoubted right and privilege of the said shire, or their lawful representatives, and dissented from the present vote in so far as it might derogate from the said right and privilege of the commissioners for shires, whereupon he asked instruments, which protestation was likewise adhered to by Sir Robert Dickson of Inveresk, [George Lockhart], laird of Carnwath, Sir John Lauder of Fountainhall, [Andrew Fletcher], laird of Saltoun, [William Nisbet], laird of Dirleton, Sir Robert Sinclair [of Longformacus], Sir John Home [of Blackadder], Sir John Swinton [of that ilk], Sir Patrick Home [of Renton], Sir William Kerr of Greenhead, William Bennett, younger of Grubbet, [William Baillie], laird of Lamington, [George Baillie], laird of Jerviswood, [John Sinclair], laird of Stevenson, younger, [James Hamilton], laird of Aikenhead, Mr William Cochrane of Kilmaronock, Sir Humphrey Colquhoun of Luss, John Graham of Killearn, James Graham of Buchlyvie, Robert Rollo of Powhouse, Thomas Sharp of Houston, John Haldane of Gleneagles, Sir Patrick Murray of Ochtertyre, William Oliphant of Gask, Mungo Graham of Gorthie, Sir Thomas Burnett of Leys, Alexander Gordon of Pitlurg, William Seton of Pitmedden, James Moir of Stoneywood, the lairds of Grant, elder [Ludovic Grant of that ilk] and younger [Alexander Grant], [Hugh Rose], laird of Kilravock, [David Beaton], laird of Balfour, Major Henry Balfour of Dunbog, Robert Douglas of Strathenry, Mr James Carnegie of Finavon, James Haliburton of Pitcur, David Graham of Fintry, Alexander Duff of Braco, Sir George Sinclair of Clyth, James Brodie of that ilk, Robert Dunbar of Grangehill and John Bruce of Kinross.
Alexander Watson of Aithernie, commissioner for the burgh of St Andrews, protested for himself, and in name of all the burghs of this kingdom whose representatives shall adhere to his protestation, that no such vote or act should prejudge the said burghs of their just and legal title and privilege, and dissented from the present vote in so far as it might derogate to the said legal right, title and privilege of the commissioners for burghs and thereupon he took instruments, which protestation was adhered to by Alexander Robertson [of Craig], Patrick Bruce [of Bunzion], Sir John Erskine [of Alva], James Spittall [of Leuchat], Alexander Duff [of Drummuir], Francis Mollison, Sir Andrew Home [of Kimmerghame], Sir James Halkett [of Pitfirrane], George Smith [of Gibliston], Robert Kellie, Mr John Lyon, George Brodie of Asliesk, George Home [of Whitfield], Mr James Beaton [of Balfour] and Mr Alexander Arbuthnott.
After which protestations the vote was asked, whether the first or the second state should be voted, and carried that the second should be voted. Then the vote was asked, whether in the estates jointly with the council or in the estates alone, and carried in the estates jointly with the council.
The lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Monday next at 10 o'clock.