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Which is the day appointed by the last act of the last parliament held by his majesty and the three estates in 1641 to be the day of the meeting and convening of the estates of parliament in the first triennial parliament thereafter.
On the first day of parliament
The third parliament of the most excellent prince Charles, by the grace of God, king of Scotland, England and Ireland and defender of the faith, held at Edinburgh by the estates of this kingdom, namely: the noblemen, the commissioners for the barons and the commissioners for the burghs convened this day in parliament by virtue of the aforesaid last act of the last parliament held by his majesty and the three estates in 1641, together with the officers of parliament, namely: [Frederick Lyon], laird of Brigton present for [Gilbert Hay], earl of Erroll, constable, [William Keith], earl Marischal present himself as marischal, [Sir John Smith of Grotehill], provost of Edinburgh, present, Mr William Wallace, sheriff depute of Edinburgh, present and John Milne, dempster, present.
After divine service,
The suits called and the court legitimately affirmed.
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Thereafter John [Elphinstone], lord Balmerino, president in the last parliament, caused publicly read in audience of the estates of parliament now convened the 50th act of the last parliament 1641 anent the election of the president of parliament, with the 17th act of the said parliament entitled 'Act Statutory', together with the aforesaid last act of the last parliament appointing this parliament to meet and convene this day. And after reading of these acts, the Lord Balmerino, president aforesaid, did publicly enquire if there was any commissioner present for the king's majesty or any person having any commands from the king's majesty by word or writ, which was intimated publicly by the macers of parliament, and none answered.
Thereafter the president of parliament above-named caused fence this high court of parliament in his majesty's name and in name of the members of the estates of parliament presently convened.
Whereupon Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, asked instruments.
After calling of the rolls, the oath appointed to be taken by the members of parliament was read in audience of parliament and sworn by the whole members thereof present as above.
Whereupon the said Sir Thomas Hope, his majesty's advocate, asked instruments.
Sir James Carmichael of that ilk, treasurer depute, asked instruments upon the production by him in face of parliament of the honours, namely: crown, sword and sceptre, and that the production thereof may import an exoneration to him.
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[John Gordon], earl of Sutherland protested that the calling of the rolls as they are now enrolled should not prejudice him of his due place of precedency; as also that the calling of the earls [Ludovic Lindsay, earl of] Crawford, [Gilbert Hay, earl of] Erroll and [William Keith, earl] Marischal before him be likewise without prejudice of his place of priority and precedence.
The Earl Marischal, for himself, and [John Erskine], earl of Mar, for the earl of Erroll, protested in the contrary.
[William Cunningham], earl of Glencairn protested that the enrolling and calling of [Alexander Montgomery], earl of Eglinton before him should not prejudice him of his place and right of precedence before the earl of Eglinton.
Mr Thomas Nicolson, advocate for the earl of Eglinton, protested in the contrary.
Sir Alexander Carnegie of Pittarrow, in name of [David Carnegie], earl of Southesk, protested that the calling of [John Lindsay], earl of Lindsay before the earl of Southesk should not prejudice Southesk of his due place.
[John Wemyss], earl of Wemyss repeated this protestation for himself.
Mr Thomas Nicolson, advocate for the earl of Lindsay, protested in the contrary to both these protestations.
[Archibald Douglas], earl of Angus, in name of [James Douglas], lord Mordington, protested that the calling of him after the lords [John Carnegie, lord] Loure and [Andrew Murray, lord] Balvaird should not prejudice him of his due place of precedency.
The commissioners of Fife protested that the calling of the commissioners of Edinburgh before them should not prejudice them nor their shire of their due place of precedency in riding and voicing before the commissioners of the shire of Edinburgh.
The commissioners of the sheriffdom of Edinburgh protested in the contrary.
Sir William Cochrane of Cowdoun, in name of the whole barons, protested against the protestation made by the commissioners for the sheriffdom of Fife.
The commissioners for the sheriffdom of Haddington protested for place and precedence before all the shires except Edinburgh.
[1644/6/5]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament presently convened this 4 June 1644, which is the day appointed by the last act of the last parliament held by his majesty and the three estates in 1641 to be the day of meeting and convening of the next triennial parliament, thereafter taking into their consideration that the king's majesty and estates of parliament, by the 50th act of the last parliament entitled 'Act anent the election of the president of parliament', have ordained that in all succeeding parliaments after the taking of the oath of parliament by all the members thereof they should make choice of the lord chancellor, or any other the king or his commissioners and estates of parliament should appoint, to be president of parliament, who should remain and continue president as well in that parliament for which he is chosen as in the next subsequent parliament until the said oath be taken and another chosen to be president in his place. According to which, John [Elphinstone], lord Balmerino, president of the last parliament, having administered the oath of parliament to the whole members thereof present, and represented to them and caused read the said 50th act, the said estates of parliament did unanimously, after voting, elect and choose John, earl of Lauderdale to be president of this parliament, according to the aforesaid 50th act of the last parliament made anent the election of the president of parliament.