[1639/8/31/7]*[print] [email] [cite] [preceding] [following]
[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.