[1703/5/131]*[print] [email] [cite] [preceding] [following]
Prayers said. The rolls called.
The clause settling the administration for the interval of the twenty days next following the death of the sovereign, being further 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 always 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 Mar protested for himself, and all who should adhere to his protestations, that this vote might not prejudge the peers of their birthright by secluding them from sitting at any time amongst the members of estates and councillors that are to meet during 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 [William Johnston], marquis of Annandale, lord president of the privy council, [John Murray], marquis of Atholl, lord privy seal, the earls [John Lindsay, earl of] Crawford, [James Douglas, earl of] Morton, [John Cunningham, earl of] Glencairn, [Alexander Montgomery, earl of] Eglinton, [John Fleming, earl of] Wigtown, [Alexander Erskine, earl of] Kellie, [James Stewart, earl of] Galloway, [James Ogilvy, earl of] Findlater, [David Leslie/Melville, earl of] Leven, [Colin Lindsay, earl of] Balcarres, [John Keith, earl of] Kintore, [Charles Murray, earl of] Dunmore, [George Melville, earl of] Melville and [John Carmichael, earl of] Hyndford and the lords [William Forbes, lord] Forbes, [John Elphinstone, lord] Elphinstone, [Robert Rollo, lord] Rollo and [John Bellenden, lord] Bellenden.
The laird of Kilbirnie, in like manner, protested for himself, and all that should adhere to his protestation, against the clause as prejudicial to the privilege 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 [Archibald Douglas], laird of Cavers, Mr Francis Montgomery [of Giffen] and Mr William Dalrymple [of Glenmure].
Sir Patrick Johnston 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 added ordaining that all commissions granted to the officers of state, lords of the treasury and exchequer, president of the privy council and all other civil commissions that are now granted during pleasure shall, by the decease of the king or queen reigning, become null and void, excepting sheriffs, stewarts and justices of the peace in their respective bounds; and after debate the question was first stated, add the clause or not, and being thereafter stated in these words, namely whether the commissions of the officers of state shall fall at the death of the king or queen or continue until the meeting of the estates, the vote was asked whether 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 not, was carried in the affirmative.