16 July 1641

The second day of the aforesaid parliament

Committee Members: committee for ordering the house of parliament
Committee for ordering the house of parliament

The estates grant commission to [William Kerr], earl of Lothian and [James Livingstone], lord Almond for the noblemen, the lairds [Sir Alexander Erskine] of Dun and [Sir William Forbes of] Craigievar for the barons and to [James Fletcher], commissioner of Dundee and [Patrick Leslie, commissioner for] Aberdeen for the burghs, to meet with [John Lyon], earl of Kinghorn for [Gilbert Hay, earl of Erroll], constable, and [John Erskine], earl of Mar for [William Keith, earl Marischal], marischal, with any of the magistrates of Edinburgh, and to think upon such means and rules as are fitting for ordering the house of parliament in the best manner which may be for the decent accommodation of this high court of parliament and avoiding of confusion and noise in their sitting and proceeding, and ordain John Dickson [of Hartree] to attend this committee as clerk to meet and report in face of parliament.

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Procedure: supplications

The supplications produced by [John Erskine], lord Erskine and [John Fleming, lord] Fleming and [Archibald Napier], master of Napier for [James Graham], earl of Montrose, [Archibald Napier], lord Napier and [Sir George Stirling], laird of Keir being publicly read after voting, the estates ordain the supplicants to subscribe their petitions, notwithstanding that the producers alleged that they had a procuratory subscribed, and that the petitions were holographs of the supplications.

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Procedure: decision on parliamentary business

It is agreed by the whole estates that nothing may be taken into consideration of the parliament before 10 August which may concern any particular estate without the consent of the estate so interested.

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Procedure: commission to advise upon the answer to his majesty's letter

The estates grant commission to [John Elphinstone], lord Balmerino and [James Livingstone, lord] Almond, nominated by the noblemen, the lairds [Sir Robert Innes] of Innes and [Sir Thomas Hope of] Kerse, nominated by the barons, [James Fletcher], commissioner of Dundee and [Patrick Leslie, commissioner for] Glasgow, nominated by the burghs, to meet with [Charles Seton], earl of Dunfermline and [John Campbell], lord Loudoun, and advise upon the answer to his majesty's letter produced by [Sir Thomas Hope of Craighall], advocate, to meet and report in face of parliament before it be concluded.

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Procedure: decision regarding the Earl of Traquair's submission

It is agreed by the whole estates that the submission exhibited from [John Stewart], earl of Traquair should have present answer whether the same shall be accepted or not.

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Procedure: overture by the Earl of Dunfermline and Lord Loudoun

[Charles Seton], earl of Dunfermline and [John Campbell], lord Loudoun desired the estates to take to their consideration his majesty's letter and the grounds thereof when they conclude regarding the acceptance or refusal of this commission, and that in the voicing thereof the same be not nakedly and separately considered, but in a joint way with relation to the said letter and to the recommendation and grounds thereof flowing from his majesty represented by the Earl of Dunfermline and Lord Loudoun, and that the estates should answer the whole heads of the king's letter.

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Procedure: refusal of the estates to accept the Earl of Traquair's submission

The estates refuse to accept the submission from [John Stewart], earl of Traquair, whereof the copy is exhibited after the same was publicly voted.

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On the same day after noon

Procedure: summons and proceedings against the incendiaries

The estates ordain the incendiaries and those others cited to the parliament to be called, whereupon Master Thomas Nicolson, advocate, one of the procurators for the estates, produced a roll of their names which was publicly called in diverse places of the house of parliament and at the door.

Whereupon Sir Lewis Stewart and Master William Burnett compeared personally for themselves, James Gibson for Sir James Lundie, [Alexander Forbes], lord Forbes declared he will answer for Caskieben and his son, [James Livingstone], lord Almond declared he will answer for some of the Gordons or others in Fyvie or thereabouts, James Hay of Murefield offered to produce a testimonial of the sickness of Gilbert Johnston, the remainder being called did not compear nor answer.

[John Campbell], lord Loudoun related that his majesty had both written himself and caused the commissioners write to know of the heads of the challenges made to Sir Lewis Stewart, and desired that in case the same were not of great importance he might be passed from seeing his majesty had sent for Sir Lewis himself to advise in respect of the advocate's inability.

Likewise Sir Lewis Stewart asked instruments, that he was ready to obey the citation of the parliament and desired to know the grounds of his challenge that he might answer thereto.

The estates continue this matter that they may advise upon the most expedient and formal course of their proceedings therein and declare that they will call upon Sir Lewis Stewart when they think time.

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Procedure: reproduction of supplications

[John Erskine], lord Erskine, [John Fleming, lord] Fleming and [Archibald Napier], master of Napier reproduced [James Graham], earl of Montrose, [Archibald Napier], lord Napier and [Sir George Stirling], laird of Keir's supplications subscribed with their hands.

The estates declare that they will hear the said supplicants at such time as the estates shall think expedient.

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