[M1703/5/37]*[print] [email] [cite] [preceding] [following]
Prayers said, the rolls called.
The minutes of the last sederunt read.
An act of the commission of the general assembly for a day of fasting and humiliation over the kingdom offered and read, appointing application to be made to the parliament for administering the civil sanction thereto. And accordingly the draft of an ordinance of parliament appointing the said fast to be observed the last Thursday of August next was given in and read and agreed to without a vote.
The act for security proceeded in, and a clause offered declaring it high treason to administer the coronation oath or be witness to the administering thereof but by appointment of the estates of parliament in manner mentioned in the act, or to own or acknowledge any person as king or queen of this realm in the respective events mentioned in the clause until they have sworn the coronation oath and accepted the crown on the terms of the Claim of Right and the other conditions to be settled in this or any ensuing parliament or added in the said meeting of the estates, and be thereupon declared and admitted as above. Which clause was acquiesced to, but it being moved that there be a clause declaring the said crime irremissible without consent of parliament, the vote was stated if that clause should be added, yes or no, and carried in the affirmative.
It was then considered whether the government should be lodged for the interval of time between the death of the sovereign and the elapsing of the next 20 days thereafter in such members of the estates as should happen to be in Edinburgh or come to it for the time, or in the privy council of the then last deceased king or queen; and the vote 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, [James Graham], marquis of Montrose protested for himself and in name and on behalf of all the peers of this kingdom who should adhere to his protestation that no vote to be passed shall in any manner of way prejudice 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 Edinburghshire, whom he had the honour to represent, and on 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 prejudice 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 to 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 [Ludovic Grant of] Grant, elder, and [Alexander Grant of Grant], younger, [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 prejudice 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 state 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.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament†