5 September 1639

Ante meridiem

[Members present; nomination of depute clerk register; protests against]

The lords of the articles present ut in die precedenti, with the lord commissioneris general.

The lord commissioneris general represented that he was warranted by his majesties command in writt, inrespect of the clerk register, his absence, and with his consent, that Maistir William Hay should discharge quhatsomever is incumbent to the clerk register at this parliament.

Maistir William Scott and Maistir Alexander Gibsone protested that the same is to superinduce ane new forme of deputatioune and establish ane new place whair there is none vaikand in his majesties hands, which cannot subsist with law and ressone becaus by thair giftis they ar constitute deputtis to the clerk of register in parliament alsweill as sessioune, per expressum with power of searching and keiping the registers thairof, and so, by vertew thairof, haif full power and deputatioune in the absence of the clerk register to doe all and everie thing quhilk he might doe himself as clerk to the parliament, gif he wer present, nather neidis nor can be any new deputatioune established. And seing by act of the lords of sessioune, ratified in parliament, it is declared that thair is no more places of deputatioune to the clerk register bot only thrie, quhilks being all now full and provydit, no other deputatioune or power can be graunted in thair prejudice.

Maistir William Hay, in name of the lord register, protested that the same might be without prejudice of the clerk register, his place.

Maistir William Scott and Maistir Alexander Gibsone protested that the same was to exerce thair awin places conforme to thair giftes.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.3(a) v. Back
  2. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.2(b) v, as follows: 'The lord commissioner general with the lords of the articles present.' Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.2(b) v, as follows: 'The lord commissioner general represented to the articles the warrand granted to him by his majestie for substitutioune of Maister William Hay in place of the clerk of register, wherunto Maistir Alexander Gibsone and Maistir Williame Scott ansered and protested against the same, and Maistir Williame Hay, in name of the clerk of register, protested against thame as is sett downe in writt.' Back