Quinta dies parliamenti
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Parliamentum excellentissimi principis Caroli Dei gratia Scotiae, Angliae, Franciae et Hiberniae regis fideique defensoris, tentum apud Edinburghe ultimo die mensis Augusti anno Domini millesimo sexcentesimo trigesimo nono per dictum Joannem comitem de Traquair, dominum Lintoun et Caverstone etc., supremi domini nostri regis commissionarium ad hoc specialiter deputatum virtute commissionis antedicte sub magno sigillo de data suprascripta et omnes regni Scotie status infra mentionata, unacum officiariis parliamenti subsequentibus presentibus etiam [...] pro comite de Erroll, constabulario, comite Mariscallii, mariscallo presente et Joanne Mylne adjudicatore
Sectis vocatis et curia legittime affirmata.
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The quhilk day, efter the productione of the commissionis for the barrones and frie burrowes, commissioneris to this present parliament, and after that the whole estates of parliament had convoyed his majesties commissionar foirsaid, in most solemne maner of parliament, according to the accustomed maner therof, fra the palace of Halyrudhous to the parliament house in Edinburghe, compeirit personallie the said Sir Thomas Hope of Craighall, advocat to our soverane lord, and produceit in presence of the whole estatis now conveined in parliament the commissione abovementionat wnder his hienes great seall, off the dait at Quhythall, the fyfte day of August, the yeir of God jM vjC threttie nyne yeiris instant, off the tennour abonementionat, as the samene standis produceit the penult day of August instant and insert in the bookis of parliament that day; quhilk commissione sua produceit was publictlie red in oppine parliament in presentes of his hienes commissionar and esteatis of parliament convenit as said is, quhairwpone, and upon the productione therof and fensing of the foirsaid parliament, the said Sir Thomas Hope, advocat, asked instrumentis.
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The quhilke day, divyne service being done, in presence of the said Johne, erle of Traquair, his majesties commissioner, and of the esteatis foirsaids conveind in this present parliament, thaireftir the lord commissionars grace and haill noblemen above namit being reteired by themselves into ane inner roume for choosing of the lordis of the articles, the Erle of Argyle protestite that albeit for many reasones at this tyme and tendering thair humble respect to thair gracious soverane, they gave way to the commissionaris for electing the noblemen who are to be upon the articles, yit, that this act doe not introduce ane custome or preparative prejudiciall to thair reight and libertie of ane frie parliament, but that now presentlie at this same parliament thair be ane article presented and ane act mad accordinglie for setling ane perfyte order of electione of the articles in all tyme comeing, quhairby the noblemen by themselffis, the barrones by themselvis and the burrows by themselffis may elect such of thair owne nomber as shall bee upon the articles; and heirwpon asked instrumentis.
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And sicklyke the lairdis of Auldbarr, Keir, Weddirburne and Cunynghamehead for the barrones, Johne Smyth and Richard Maxwell, commissioneris for Edinburgh, and Thomas Bruce for Stirveling for the burroues, being admitit in presence of his grace, and the noblemen protestit that incaice his grace by himselffe only doe at this tyme elect these noblemen that are to bee upoun the articles, and the noblemen elect the barrones and the burrous, that the same act now tollerated for some particular reasones be not heireftir usit as ane precedent to introduce ane custome or preparative to be observeit in tymecoming, but that the same may bee without prejudice in all tyme heireftir off the rightis and ressones competent to the noblemen, barrones and burrowes to elect, nominat and choose by thameselffis and each estat separatlie, by it selfe without other, these who are to be upoun the articles for thame; and heirwpon the Laird of Auldbarr, in name of the barronis, and Johne Smythe, in name of the burrowes, asked instrumentis.
The Marqueis of Huntlie, for himselfe and such noblemen as heirin will adhere unto him, protestit that the priviledge of the noblemen in the electione of the barones and burrowes who are to be upoun the articles be not prejudgeit; and heirwpon askit instrumentis.
The Erle of Argyle and Lord Loudoun, for themselves and such noblemen as heirin will adhere wnto them, protestit that the marqueis protestatione be not farder extendit but to such noblemen as being of the same judgment concurre thairin with the Marqueis of Huntlie and to no otheris who differ thairfra, quhairof there be many heir present.
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The commissionaris grace nominat and elected the aucht noblemen fallouing to be upon the articles, viz:
Domini electi ad articulos
Thairafter, at the same tyme, the noblemen, after leiting and voycing, nominat and elected the aucht barrones and aucht commissioneris for the burrowes to be upoun the articles as falloweth:
Domini electi ad articulos
Efter the electing of the whilkis lordis and wtheris abonenamit to be upon the articles, the lord commissionaris grace and haill noblemen returned agane to the great parliament house and publicte place of conventione, and thair caused publictlie reid the names of these who for everie estat wer elected to be upon the articles; and therwithall did intimat to these of the articles and commandit them to attend the commissioneris grace and keepe meiting everie siting day at elevine houris in the inner parliament house, and ordeanit the haill estates to attend till the conclusione of the parliament.
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The Laird of Keir, for the baronis, and Johne Smythe, for the burrowes, repeittit in plaine parliament thair protestatione befoir writtin; and thairwpon asked instrumentis.
Sir Thomas Hope, his majesties advocat, protestit in the contrair and that the pouer of electione of noblemen to be upoun the articles is onlie competent to his majestie by right and possessione, and the power of electione of barrones and burgess to be upoun the articles is onlie competent to the noblemen; and heirupon askit instrumentis.
The Marqueis of Huntlie repeittit his protestatione befoir writtin; and thairwpon askit instrumentis.
The Erle of Argyle lykewayes repeittit his protestatione abovewrittin; and thairwpon askit instrumentis.
Johne, erle of Southerland protestit that his ryding or sitting in this present parliament doe nowayes prejudge him of that place and precedance due to him conforme to his birthrightis and infeftmentis, but that it shall be lawfull to him according to his birth rightis and infeftmentis to cleame place [and] preceance in parliament and all other publict and privat meitingis as accordis of the law; and heirwpon asked instrumentis.
Lodovicke, erle of Craufuird protestit that his ryding and sitting in this present parliament be not prejudiciall to him of his reight of preceance before these who in this parliament have beene ranked and riddine befoir him, but that notwithstanding therof he may seeke the place competent to him by his birth rightis and infeftmentis be ordour of law; and heirupon asked instrumentis.
Johne, erle of Mar protestit that his ryding or siting in this present parliament doe nowayes prejudge him of that place and precedencie in parliament and other privat and publict meitingis due to him by his rightis and infeftmentis, bot that it shall be laufull to him to acclame the same by vertue of his reights as accordis of the law; and heirwpon asked instrumentis.
The Lord Kirkecudbright protestit that his ranking, ryding and siting in parliament this day after the lordis Johnestoune and Forrester be not prejudiciall to his precedencie due to him by the prioritie of his rightis and creatione before them, but that he may seeke redrese thairof as accordis of the law; and thairwpoun askit instrumentis.
Patrike Bell, proveist of Glasgow and commissioner therof to this present parliament, in name and behalfe of the said burghe and incorporatione therofe, protestit that his ryding this day and calling of the roll of the burrowes in the order as it wes callit this day be nowayes prejudiciell to the said burghe and the ranke and place dew to the same conforme as they have beine in use to ryid and be callit be the old rollis of parliament and conventione of the estatis of this kingdome; and heirupoun askit instrumentis.
The Lairdis of Cambo and Ethernie, commissioneris for the shereffdome of Fyfe, protestit for the said shereffdome that the ryding of the commissioneris of Midlouthiane this day in the first place bee not prejudiciall to the place of ryding dewe to the commissioneris for the shereffdome of Fyffe; and thairupon askit instrumentis.
The Lairdis of Lugtone and Nidrie, commissioneris for Midlouthane, protestit in the contrair; and heirwpon asked instrumentis.
Williame, erle of Airth protestit that his ranking, ryding and siting this day in parliament be nowayes prejudiciall to him in his right and place of preceance befor these who have this day riddine and sittine befoir him, but that notwithstanding thairof he may seeke place and precedencie in parliament and all meitingis, private and publict, conforme to his reightis and infeftmentis be ordour of law; and heirwpon askit instrumentis.
Lykeas the Laird of Keir, for the barones, and Johne Smyth, for the burrowes, protestit that notwithstanding the barones and burrowis at this tyme give way to the nominatione of the articles mad by the commissionar, his grace, and the noblemen of the barrones and burrowis, that yit the same should nowayes be prejudiciall to them at this tyme or ony wther tyme, and that they have givine way thairto in respect of the present necessitie of effaires and not that the samene hes any warrand of the law or practeise, and that with this exprese conditione and no otherwayes: that in this present parliament ther be ane setled order, established act and law mad thairwpon anent the nominatione of the articles of all estatis, by whom and in what maner the samene salbe maid, and with this conditione also: that unlese the same be so enacted in this present parliament, that no other act which shall pas in articles sall be of any force, strenth or effect, wtherwayis this present act sall nowayes be prejudiciall to them to introduce any precedent of custome to be objected in ony tyme heireftir; and heirwpon askit instrumentis.
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The lord commissionaris grace and the foirsaidis lordis of the articles, with the saidis officeris of estat, sat daylie and ilke day at the tymes and dyetis appoynted be the commissionaris grace and lordis of the articles within the innerhouse of the great parliament house foirsaid, wher the lordis of the articles war chosine, and thair considerit, advysit and consultit upoun the articles and maters whilke war presented and motioned to thame and upoun the petitionis, actis, lawes, ratificationis and otheris givine in to thame fra the said last day of August instant 1639 yeires foirsaid to the fourteine of November thaireftir the samene yeir 1639 yeiris. Upoun the quhilke day the said Sir Thomas Hope, advocat to our soveran lord, compeirit in the utterhouse of the parliament in presents of Robert, erle of Roxburghe, lord privie seall, Johne, erle of Lauderdaill, Archbald, lord Naper, Sir John Hammiltoune of Orbestoun, justice clerke, and Sir James Carmichaell, deput thesaurer, with ane frequent nomber of the nobilitie, barones and burgess, and produceit the warrand wnderwrittin for prorogatione of the parliament to the second of June 1640, quhairof the tennour falloueth: