Committee Minutes and Proceedings: lords of the articles

4 September 1639†

[Members present; protests over precedency; instruments taken over legitimacy of meeting]

The commissioners general with the haill lords of the articles present.

Sir Williame Elphingstoune, justice generall, protested that the ranking of the officiaris of estate be not prejudiciall to that place and precedencie dew to him as justice generall by the custome of this kingdome and ressounes whiche he shall adduce, and thairupon askit instrumentis.†

The Erle of Argyle and others protested against the precedencie graunted to some officiars of estate, and his majesties advocate protested in the contrair, as the same is sett downe in writt.†

The Laird of Keir, in name of the barones, repeitted the protestatione maid in name of the baronis upon Setterday last and producit ane new protestatioune this day in writt anent the electioune of the articles, and thairupon askit instrumentis.†

Jhone Smith for the borrowes adheirit thairto, and thairupon askit instruments.†

The lord commissioneris general requyrit his majesties advocat to advert to the said protestatioune and mak such ane anser thairto as may secure his majestie of all priviledgis dew to him, and that he presentlie mak ane generall anser, but prejudice to the commissioneris general or his majesties advocat to produce ane particular anser in writt.†

Sir Thomas Hoip, his majesties advocat, protested in his majesties name and in name of the lord commissioneris general against the said protestatioune and ressounes thairof and certificatioune subjoyned thairto as contrair to the lawis and actis of parliament and derogatorie to the inviolable and uncontraverted custome of all preceiding parliaments and liberteis thairof, and thairupon askit instrumentis.†

The Marquis of Huntlie, for himselfe and all these who will adheir unto him heirin, protested that this protestatioune doe not prejudge the noblemen of the ancient priviledge and custome, quhairby the noblemen haif bein constantlie in use to elect the baronis and burgeses, and heirupon askit instrumentis.†

The Erle of Argyle protested in the contrair, and repeitted the protestatiounes maid by him upon Setterday last and adheirit thairunto, and heirupon askit instrumentis.†

[Members present]†

The Erle of Argyle askit instrumentis that the lord commissioner general in his propositioune anent the ratificatioune of the actis of the assemblie, making mentioune of the lordis of the articles now present, had denominated thame articles of parliament and thairby had acknawledgit this for ane lawfull valid parliament, haifing soverane power to ratifie the same and being rightlie constitute of the haill members thairof, and that the same was also acknawledgit by the haill lords of the articles.†

  1. From 4 September 1639 to 10 September 1639 these minutes of the lords of the articles contain duplicate/draft material bound within a complete set of minutes. APS omitted this draft material. It has been entered here, where appropriate, in pop-ups next to the corresponding minute. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.2(b) r-2(b) v. Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'Justice generall protested that the ranking of the officiars of estate be not prejudiciall to that place and precedencie dew to him as justice generall by the custoumes of this kingdome and the ressounes quhilk he shall adduce, and therupon askit instruments.' Back
  4. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'The Erle of Argyle protested against the officiars of estate and they answered as is set downe in writt.' Back
  5. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'The Laird of Keir entering the articles, in name of the barones, repeitted the protestatione maid by thame upon Setterday and produced ane new protestatione this day in writt, and therupon askit instruments.' Back
  6. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'Jhone Smith for the borrowes adheirit therto, and therupon askit instruments.' Back
  7. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'The lord commissioneris general requirit his majestie advocat to advert to the said protestatione and mak ane answer therto as may secure his majestie of all priviledges dew to him, and that he presentlie make ane generall answer, but prejudice to the commissioners grace or his majestie advocat to produce the particular answer in writt the morne.' Back
  8. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'The advocat protested in his majesties name and in name of the lord commissioners grace against the said protestatione and ressones therof and certificatione subjoyned therto as contrair to the lawes and actis of parliament and derogatorie to the inviolable and uncontraverted customes of all preceiding parliaments and liberties therof, and therupon askit instruments.' Back
  9. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'The Marquis of Huntlie, for himself and all those who will adhere unto him therin, protested that this protestatione doe not prejudge the noblemen of the ancient priviledge and custome, wherby the noblemen haif bein constantlie in use to elect the barones and burgesses, and thereupon askit instruments.' Back
  10. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'The Erle of Argyle repeitted the protestatione maid by him upon Setterday and adhered therto, and therupon askit instruments.' Back
  11. A draft entry of this day's business at NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r contains the following additional clause: 'The commissioner and lords of the articles present with the lord privie seill, advocat, thesaurer depute and justice clerk.' Back
  12. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(a) r, as follows: 'The Erle of Argyle askit instrumentis that the lord commissioneris general in his propositioune of the ratificatioune of the articles of the assemblie had called the articles of ane parliament, and therby had acknawledgit this for ane lawfull valid parliament, haifing soverane power to ratifie the same and being rightlie constitute in the haill assembly therof, and that the same was also acknawledgit by the haill lords of the articles.' Back