30 September 1641

[Declaration of Lord Ker; dispensation granted]

The king being present.

It being voted if Lord [Henry] Ker shall come in face of parliament and make his declaration, yes or no, it was unanimously concluded that he should come in face of parliament and make his declaration.

Dispensation granted to the bailies of Edinburgh for serving Aitken heir to his predecessors.

  1. NAS, PA6/4, 'September 29 1641', f.1(a) r. Back
  2. NAS, PA6/4, 'September 29 1641', f.1(a) v. Back

The same day after noon

[Lord Loudoun elected chancellor; Lord Almond elected treasurer]

The king being present.

The king's majesty reproduced the overture given in by Sir Thomas Hope [of Kerse] regarding the condition and provision for [John Campbell], lord Loudoun's election to be chancellor, whereof the tenor follows: To vote to the election of the Lord Loudoun with this declaration: that the allowing or disallowing of the Lord Loudoun to be chancellor being made by the parliament verbally shall in no way be prejudicial to the clearing of the two difficulties proposed regarding the explanation of the act and voting by way of billets, but that the same may be heard and debated in the same estate they now are, and as if the parliament had not voted to the election of the Lord Loudoun, and that his majesty and estates of parliament for these questions may be in the state in which it now is. According to the which paper and upon the condition therein contained, the king's majesty and estates proceeded to the election and approbation of the said Lord Loudoun to be chancellor. And the said Lord Loudoun, being removed out of the house, it was put in voting whether the estates of parliament would allow or reject the election of the said Lord Loudoun to be chancellor. And the whole estates did unanimously allow the said election of the Lord Loudoun to be chancellor, whereupon the estates ordain the clerk to draw up an act. And also appoints [James Hamilton], marquis of Hamilton (to whom the great seal has been entrusted these years bygone) to exhibit the said great seal in face of parliament tomorrow to be delivered to the said Lord Loudoun, whereupon ordain the clerk to draw an act for the said marquis's warrant, and also an act of exoneration to the marquis for keeping the said seal the years bygone.

The king's majesty nominated [James Livingstone], lord Almond to be treasurer and the Lord Almond produced a supplication craving to be exonerated of his charge of lieutenant general, which was read in audience of his majesty and parliament, who appoint the general to be acquainted and consulted and in the meantime that the clerk may have the act of his exoneration and approbation of his service drawn up in readiness again tomorrow to be voted. And for speaking to the general herein, nominates [John Kennedy], earl of Cassilis and [William Kerr, earl of] Lothian, [Sir Patrick Hepburn], laird of Waughton and [Sir David Home of] Wedderburn, [James Sword], commissioner of St Andrews and [John Rutherford, commissioner for] Jedburgh.

  1. NAS, PA6/4, 'September 29 1641', f.1(a) r. Back
  2. NAS, PA6/4, 'September 29 1641', f.1(a) v. Back
[Supplication remitted to each estate; declaration of Lord Ker submitted to the king; related act approved]

Supplication complaining for want of justice and that the lords of session refuse to pass bills read in audience of his majesty and estates of parliament, who appoint every estate to have a copy thereof to be advised until tomorrow.

Lord [Henry] Ker produced a declaration, and delivered the same to his majesty in presence of the parliament as subscribed by him.

Act and declaration of his majesty and estates of parliament regarding the words spoken by the Lord Ker concerning [James Hamilton], marquis of Hamilton read and agreed to and subscribed by [John Elphinstone, lord Balmerino], president, in face of parliament, at command of his majesty and estates of parliament.

  1. NAS, PA6/4, 'September 29 1641', f.1(a) r. Back
  2. NAS, PA6/4, 'September 29 1641', f.1(a) v. Back