[1646/11/424]*[print] [email] [cite] [preceding] [following]
Upon the reading in audience of the parliament of the report of the conference appointed by the parliament concerning the settling of the superiorities of the vassals of kirklands and anent the supplication given in by them relating thereto, the Lord Balmerino gave in and produced in parliament the paper containing the protestation following, namely: I, John, lord Balmerino, finding myself heavily prejudiced by the desire of some petitioners intending summarily to overturn my public and legal rights of erections, and especially the rights of my heritable bailiary held by me and my predecessors by virtue of valid unquarrelled rights excepted out of his majesty's revocation and whereof the rights are now prescribed, and seeing I cannot be heard to maintain my rights aforesaid by my procurators and advocates, therefore, with all due respect, I do humbly protest that nothing done at the desire of the petitioners or otherwise in this parliament in prejudice of my valid and lawful rights be effectual or of force, but that notwithstanding thereof I may hold and possess as of before until the same be questioned before the ordinary judge in a legal way of procedure. Which protestation was publicly read in audience of the parliament, whereupon and upon the giving in of the aforesaid protestation the said Lord Balmerino, personally present in parliament, asked instruments and that he craved answer thereto.
Likewise [William Keith], earl Marischal, [James Livingstone], earl of Callander, [James Ogilvy], earl of Findlater and Sir James Fraser of Brae for [Hugh Fraser], lord [Fraser of] Lovat repeated for their interest the protestation above-mentioned given in by Lord Balmerino and adhered thereto. And David [Erskine], lord Cardross repeated and adhered for his right and interest to the said protestation above-mentioned, and further declared that his evidents of the lordship of Cardross are as yet never come to his hands, but as yet are kept by his uncle, [John Erskine], earl of Mar, to whose father and predecessor the first rights of the said lordship were granted; and that the said Lord Cardross is yet a minor, unacquainted with the condition of his own rights, and therefore in all humility protested that what shall be done in parliament anent the superiority of kirklands may be without prejudice of his rights and with reservation to him thereof according to the law.
And [William Ramsay], earl of Dalhousie, [David Beaton], laird of Creich and [Sir John Scot of] Scotstarvit, for the petitioners, vassals of kirklands, protested in the contrary of the protestations above-mentioned and of the givers in thereof and adherers thereto and that the same are not receivable in this place, seeing no party can be heard to protest before the business against which they protest be brought to some conclusion. Thereafter the Lord Balmerino asked instruments of new again upon the giving in of his protestation and of the reading thereof in parliament, and protested in the contrary of the protestations made against his said protestation, and craved answer thereto and that the same be admitted in parliament before any further be proceeded in the said business.