4 September 1639†

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

[John Stewart, earl of Traquair], commissioner general, with the whole lords of the articles present.

Sir William Elphinstone, justice general, protested that the ranking of the officers of state be not prejudicial to that place and precedency due to him as justice general by the custom of this kingdom and reasons which he shall adduce, and thereupon asked instruments.†

[Archibald Campbell], earl of Argyll and others protested against the precedency granted to some officers of state, and [Sir Thomas Hope of Craighall], his majesty's advocate, protested in the contrary, as the same is set down in writing.†

[Sir George Stirling], laird of Keir, in name of the barons, repeated the protestation made in name of the barons upon Saturday last and produced a new protestation this day in writing regarding the election of the articles, and thereupon asked instruments.†

John Smith [of Grotehill] for the burghs adhered thereto, and thereupon asked instruments.†

The lord commissioner general required his majesty's advocate to give heed to the said protestation and make such an answer thereto as may secure his majesty of all privileges due to him, and that he presently make a general answer, without prejudice to the commissioner general or his majesty's advocate to produce a particular answer in writing.†

Sir Thomas Hope, his majesty's advocate, protested in his majesty's name and in name of the lord commissioner general against the said protestation and reasons thereof and certification subjoined thereto as contrary to the laws and acts of parliament and derogatory to the inviolable and uncontroverted custom of all preceding parliaments and liberties thereof, and thereupon asked instruments.†

[George Gordon], marquis of Huntly, for himself and all those who will adhere to him herein, protested that this protestation does not prejudice the noblemen of the ancient privilege and custom, whereby the noblemen have been constantly in use to elect the barons and burgesses, and hereupon asked instruments.†

The Earl of Argyll protested in the contrary, and repeated the protestations made by him upon Saturday last and adhered thereto, and hereupon asked instruments.†

[Members present]†

The Earl of Argyll asked instruments that the lord commissioner general in his proposition regarding the ratification of the acts of the assembly, making mention of the lords of the articles now present, had denominated those articles of parliament and thereby had acknowledged this for a lawful valid parliament, having sovereign power to ratify the same and being rightly constituted of the whole members thereof, and that the same was also acknowledged by the whole 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: '[Sir William Elphinstone], justice general, protested that the ranking of the officers of state be not prejudicial to that place and precedency due to him as justice general by the customs of this kingdom and the reasons which he shall adduce, and thereupon asked 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: '[Archibald Campbell], earl of Argyll protested against the officers of state and they answered as is set down in writing.' 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: '[Sir George Stirling], laird of Keir entering the articles, in name of the barons, repeated the protestation made by them upon Saturday and produced a new protestation this day in writing, and thereupon asked 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: 'John Smith [of Grotehill] for the burghs adhered thereto, and thereupon asked 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 commissioner general required [Sir Thomas Hope of Craighall], his majesty's advocate, to give heed to the said protestation and make an answer thereto as may secure his majesty of all privileges due to him, and that he presently make a general answer, without prejudice to the commissioner grace or his majesty's advocate to produce the particular answer in writing tomorrow.' 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 advocate protested in his majesty's name and in name of the lord commissioner's grace against the said protestation and reasons thereof and certification subjoined thereto as contrary to the laws and acts of parliament and derogatory to the inviolable and uncontroverted customs of all preceding parliaments and liberties thereof, and thereupon asked 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: '[George Gordon], marquis of Huntly, for himself and all those who will adhere to him therein, protested that this protestation does not prejudice the noblemen of the ancient privilege and custom, whereby the noblemen have been constantly in use to elect the barons and burgesses, and thereupon asked 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 Earl of Argyll repeated the protestation made by him upon Saturday and adhered thereto, and thereupon asked 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 [Robert Ker, earl of Roxburghe], lord privy seal, [Sir Thomas Hope of Craighall], advocate, [Sir James Carmichael], treasurer depute, and [Sir John Hamilton of Orbiston], 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 Earl of Argyll asked instruments that the lord commissioner general in his proposition of the ratification of the articles of the assembly had called the articles of a parliament, and thereby had acknowledged this for a lawful valid parliament, having sovereign power to ratify the same and being rightly constituted in the whole assembly thereof, and that the same was also acknowledged by the whole lords of the articles.' Back