[M1703/5/15]*[print] [email] [cite] [preceding] [following]
Prayers said, the rolls called.
The minutes of the last sederunt read.
Agreed that the controverted elections be considered next sitting of parliament before any other business whatsoever.
Petition by the lord advocate for a warrant to cite Robert Johnston of Straiton and others in order to proving the tenor of lost writs read, and the warrant granted.
Moved that the lord register make his report from the records how the lairds of Cavers, when elected with knights baronet to represent the shire of Roxburgh, were in use to be ranked in the rolls, and agreed that the report be considered the next sitting of parliament, and Sir William Kerr of Greenhead allowed to see it in the meantime.
Petition for Mr William Hogg of Harcarse, desiring certain privileges for his woollen manufactory, read and ordered to lie on the table.
Petition for George Lockhart, merchant in Glasgow, for a recommendation of his case to her majesty and the lord commissioners of the treasury, read and the desire thereof granted.
Petition for James Oliphant of Langton, relating to the succession of the first office which shall be vacant amongst the six ordinary clerks of session, read and ordered to lie on the table.
The draft of an act prohibiting butchers to be graziers read and ordered to lie on the table, and thereupon it was recommended to the lords of session to regulate the prices of wine and victual within the town of Edinburgh.
Moved that an overture for better employing the poor, offered by Doctor Hugh Chamberlain, be considered, and the consideration thereof delayed until the first sitting of parliament for private business.
Petition by Alexander Nisbet for enabling him to perfect his book of heraldry read and ordered to lie on the table.
Agreed that the act in favour of the town of Glasgow be considered the next sitting of parliament.
Petition by the managers of the woollen and silk manufactories read and delayed until the condition of the trade of the nation be considered.
The summons for liberation and protection raised by Mr William Gordon against his creditors being called in common form, and Sir William Hope of Balcomie, the only compearing creditor, having consented with that quality, the pursuer was ordained to be liberated and his protection granted conditionally, that if at any time he or any of his hounding out or with his approval should molest the said Sir William in the peaceable possession of the lands of Balcomie, the protection in so far as concerned Sir William's interest should ipso facto become void and null.
The draft of an act enlarging the time of compearing in summons and other legal executions within the shire of Caithness read and ordered to lie on the table.
Ordered that unless [Archibald Douglas], earl of Forfar's answers to the petition of [Archibald Douglas], marquis of Douglas be given in the next sitting of parliament, the desire of the petition be granted.
The action for remedy of law at the instance of [Thomas Fotheringham], laird of Powrie against [Patrick Gray], lord Gray called and debated by the advocates for either party at full length. In advising of which debate, it being moved that the lords of session should be declined to judge in the cause as having pronounced the decreet in question, it was put to the vote if the lords of session who were members of parliament could be declined in the cause, yes or no, and carried no. It was then moved that in order to the decision, the vote might be stated in these terms, namely: if the size fish† libelled fell under the disposition and clause of warrandice in favour of Powrie, yes or no, and it being moved thereafter that the vote might rather be stated in the words adhere etc. or alter the decreet, it was put to the vote whether the first or the second state should be voted, and carried the second.
The lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until Thursday next at 10 o'clock.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament†