The fifth day of parliament
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The parliament of our most excellent prince Charles, by the grace of God, king of Scotland, England, France and Ireland and defender of the faith, held at Edinburgh on the last day of August 1639 by the said John [Stewart], earl of Traquair, lord Linton and Caberston, etc., commissioner specially deputed thereto by virtue of the aforesaid commission under the great seal on the date written above, and all the three estates of Scotland mentioned below, along with the officers of parliament following in the present [document], also [...] for the earl of Erroll, [William Keith], earl Marischal, the marischal, being present, and John Milne, dempster.
With the suits having been called and the court lawfully fenced.
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The which day, after the production of the commissions for the barons and free burghs, commissioners to this present parliament, and after that the whole estates of parliament had convoyed [John Stewart, earl of Traquair], his majesty's commissioner foresaid, in most solemn manner of parliament, according to the accustomed manner thereof, from the palace of Holyroodhouse to the parliament house in Edinburgh, compeared personally the said Sir Thomas Hope of Craighall, advocate to our sovereign lord, and produced in presence of the whole estates now convened in parliament the commission above-mentioned under his highness's great sea,l of the date at Whitehall, 5 August 1639, of the tenor above-mentioned, as the same stands produced on 30 August instant and inserted in the books of parliament that day; which commission so produced was publicly read in open parliament in presence of his highness's commissioner and estates of parliament convened as said is, whereupon, and upon the production thereof and fencing of the foresaid parliament, the said Sir Thomas Hope, advocate, asked instruments.
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The which day, divine service being done, in presence of the said John [Stewart], earl of Traquair, his majesty's commissioner, and of the estates foresaid convened in this present parliament, thereafter the lord commissioner's grace and whole noblemen above-named being retired by themselves into an inner room for choosing of the lords of the articles, the Earl of Argyll protested that albeit for many reasons at this time and tendering their humble respect to their gracious sovereign, they gave way to the commissioners for electing the noblemen who are to be upon the articles, yet, that this act does not introduce a custom or preparative prejudicial to their right and liberty of a free parliament, but that now presently at this same parliament there be an article presented and an act made accordingly for settling a perfect order of election of the articles in all time coming, whereby the noblemen by themselves, the barons by themselves and the burghs by themselves may elect such of their own number as shall be upon the articles; and hereupon asked instruments.
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And also the lairds [James Lyon] of Auldbar, [Sir George Stirling of] Keir, [Sir David Home of] Wedderburn and [Sir William Cunningham of] Cunninghamhead for the barons, John Smith [of Grotehill] and Richard Maxwell, commissioners for Edinburgh, and Thomas Bruce [of Weltoun] for Stirling for the burghs, being admitted in presence of his grace, and the noblemen protested that in case his grace by himself only do at this time elect those noblemen that are to be upon the articles, and the noblemen elect the barons and the burghs, that the same act now tolerated for some particular reasons be not hereafter used as a precedent to introduce a custom or preparative to be observed in time coming, but that the same may be without prejudice in all time hereafter of the rights and reasons competent to the noblemen, barons and burghs to elect, nominate and choose by themselves and each estate separately, by itself without the others, those who are to be upon the articles for them; and hereupon the Laird of Auldbar, in name of the barons, and John Smith, in name of the burghs, asked instruments.
[George Gordon], marquis of Huntly, for himself and such noblemen as herein will adhere to him, protested that the privilege of the noblemen in the election of the barons and burghs who are to be upon the articles be not prejudiced; and hereupon asked instruments.
[Archibald Campbell], earl of Argyll and [John Campbell], lord Loudoun, for themselves and such noblemen as herein will adhere to them, protested that the marquis's protestation be not further extended but to such noblemen as being of the same judgment concur therein with the Marquis of Huntly and to no others who differ therefrom, whereof there be many here present.
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The commissioner's grace nominated and elected the eight noblemen following to be upon the articles, namely:
The lords elected to the articles
Thereafter, at the same time, the noblemen, after nominating and voicing, nominated and elected the eight barons and eight commissioners for the burghs to be upon the articles as follows:
The lords elected to the articles
After the electing of the which lords and others above-named to be upon the articles, the lord commissioner's grace and whole noblemen returned again to the great parliament house and public place of convention, and there caused publicly read the names of those who for every estate were elected to be upon the articles; and therewithal did intimate to those of the articles and commanded them to attend the commissioner's grace and keep meeting every sitting day at 11 o'clock in the inner parliament house, and ordained the whole estates to attend until the conclusion of the parliament.
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[Sir George Stirling], laird of Keir, for the barons, and John Smith [of Grotehill], for the burghs, repeated in plain parliament their protestation before written; and thereupon asked instruments.
Sir Thomas Hope [of Craighall], his majesty's advocate, protested in the contrary and that the power of election of noblemen to be upon the articles is only competent to his majesty by right and possession, and the power of election of barons and burgess to be upon the articles is only competent to the noblemen; and hereupon asked instruments.
[George Gordon], marquis of Huntly repeated his protestation before written; and thereupon asked instruments.
[Archibald Campbell], earl of Argyll likewise repeated his protestation above-written; and thereupon asked instruments.
John [Gordon], earl of Sutherland protested that his riding or sitting in this present parliament does in no way prejudice him of that place and precedence due to him according to his birthrights and infeftments, but that it shall be lawful to him according to his birthrights and infeftments to claim place and precedency in parliament and all other public and private meetings according to the law; and hereupon asked instruments.
Ludovic [Lindsay], earl of Crawford protested that his riding and sitting in this present parliament be not prejudicial to him of his right of precedency before those who in this parliament have been ranked and ridden before him, but that notwithstanding thereof he may seek the place competent to him by his birthrights and infeftments by order of law; and hereupon asked instruments.
John [Erskine], earl of Mar protested that his riding or sitting in this present parliament does in no way prejudice him of that place and precedency in parliament and other private and public meetings due to him by his rights and infeftments, but that it shall be lawful to him to acclaim the same by virtue of his rights according to the law; and hereupon asked instruments.
[Thomas MacLellan], lord Kirkcudbright protested that his ranking, riding and sitting in parliament this day after [James Johnstone], lord Johnstone and [George Forrester, lord] Forrester be not prejudicial to his precedency due to him by the priority of his rights and creation before them, but that he may seek redress thereof according to the law; and thereupon asked instruments.
Patrick Bell, provost of Glasgow and commissioner thereof to this present parliament, in name and on behalf of the said burgh and incorporation thereof, protested that his riding this day and calling of the roll of the burghs in the order as it was called this day be in no way prejudicial to the said burgh and the rank and place due to the same according as they have been in use to ride and be called by the old rolls of parliament and convention of the estates of this kingdom; and hereupon asked instruments.
The Lairds [Sir Thomas Myreton] of Cambo and [William Rigg of] Aithernie, commissioners for the sheriffdom of Fife, protested for the said sheriffdom that the riding of [Sir David Crichton of Lugton and Sir John Wauchope of Niddrie], the commissioners of Midlothian, this day in the first place be not prejudicial to the place of riding due to the commissioners for the sheriffdom of Fife; and thereupon asked instruments.
The Lairds of Lugton and Niddrie, commissioners for Midlothian, protested in the contrary; and hereupon asked instruments.
William [Graham], earl of Airth protested that his ranking, riding and sitting this day in parliament be in no way prejudicial to him in his right and place of precedency before those who have this day ridden and sat before him, but that notwithstanding thereof he may seek place and precedency in parliament and all meetings, private and public, according to his rights and infeftments by order of law; and hereupon asked instruments.
Likewise [Sir George Stirling], laird of Keir, for the barons, and John Smith [of Grotehill], for the burghs, protested that notwithstanding the barons and burghs at this time give way to the nomination of the articles made by the commissioner, his grace, and the noblemen of the barons and burghs, that yet the same should in no way be prejudicial to them at this time or any other time, and that they have given way thereto in respect of the present necessity of affairs and not that the same has any warrant of the law or practice, and that with this express condition and no otherwise: that in this present parliament there be a settled order, established act and law made thereupon regarding the nomination of the articles of all estates, by whom and in what manner the same shall be made, and with this condition also: that unless the same be so enacted in this present parliament, that no other act which shall pass in articles shall be of any force, strength or effect, otherwise this present act shall in no way be prejudicial to them to introduce any precedent of custom to be objected in any time hereafter; and hereupon asked instruments.
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The lord commissioner's grace and the foresaid lords of the articles, with the said officers of state, sat daily and each day at the times and diets appointed by the commissioner's grace and lords of the articles within the inner house of the great parliament house foresaid, where the lords of the articles were chosen, and there considered, advised and consulted upon the articles and matters which were presented and motioned to them and upon the petitions, acts, laws, ratifications and others given in to them from the said 31 August 1639 foresaid to 14 November 1639. Upon the which day the said Sir Thomas Hope [of Craighall], advocate to our sovereign lord, compeared in the outer house of the parliament in presence of Robert [Ker], earl of Roxburghe, lord privy seal, John [Maitland], earl of Lauderdale, Archibald [Napier], lord Napier, Sir John Hamilton of Orbiston, justice clerk, and Sir James Carmichael, depute treasurer, with a frequent number of the nobility, barons and burgess, and produced the warrant underwritten for prorogation of the parliament to 2 June 1640, whereof the tenor follows: