[1661/1/257]*[print] [email] [cite] [preceding] [following]
The which day the earle of Leven (his grandfather being now dead) appeired in parliament, and haveing taken the oath of alledgeance and oath of parliament wes admitted to sit and vote conforme to his dignity and rank.
The earle of Annandale protested in name of the earle of Calander that the calling and inrolling of the earle of Leven in the rolls of parliament should be without prejudice to the earle of Calander of his precedencie befor him according to the date of his patent, which he offered presentlie to produce, wherupon it is, by his majestie with advice of his estates, recomendit to the lords of the articles to heare both the saids parties anent their precedencies and to report their opinion to the parliament theranent.
[1661/1/258]*[print] [email] [cite] [preceding] [following]
The king's majestie and estates of parliament, haveing at lenth heard and considered the report underwritten presented to them from the lords of the articles, wherof the tenor followes.
The lord commissioner and lords of the articles, haveing heard the president of the session, the lord register, the lord advocat and thesaurer deput concerning the precedencie due to them in their severall offices, doe offer to the parliament that they find the president of the session for the tyme being hes had undoubted possession of precedencie befor the other three, and that the clerk of register and advocat wer officers of state and privy councellours long befor the thesaurer deput and, particularly in King James the thrid's tyme in the yeer 1482, the clerk of register is enrolled as ane officer of state in the rolls and records of parliament, and in the yeer 1612, wher the first mention is of a thesaurer deput as ane officer of state, the clerk of register and advocat are ranked befor him, and siclyk in the parliament 1617 wher King James the sext, of blessed memorie, be a spetiall act established the number of the officers of state, ther also the clerk of register and advocate are ranked befor the thesaurer deput, and in the parliament 1633, at which tyme the thesaurer deput for the tyme wes a lord and barron of parliament, yet in the ranking of the officers of state both as to the parliament and articles the clerk of register is ranked befor the thesaurer deput, and that in the commissions of privy councill, both befor and since that time, the clerk of register is alwayes befor the thesaurer deput, and also they find that be ane act of secret councill in the yeer 1623, upon a letter from the king's majestie and upon consideration of former acts and ordinances, ther is a positive rule set doun for ranking the officers of state in all tyme comeing, and therin the clerk register and advocat are ranked and ordained to have place befor the thesaurer deput, and that conforme therto they have brooked their precedencies, inregaird of all which it is thair opinion that it be of new declared be his majestie, with advice of his estates of parliament, that the persons and officers of state abovementioned hes in reason had, and shall in all tymecomeing have, their precedencie in maner following: to wit, the president of the session the first place, the clerk of register the second place, the advocat the thrid place and the thesaurer deput the last.
Sic subscribitur, Crafford and Lindesay. I.P.D. par[liamenti]
And haveing considered the severall acts, commissions and orders mentioned in the said report they doe approve of the report abovewritten and accordingly finds and declares that the persons and officers of state abovementioned hes in reasone had, and shall in all tyme comeing have their precedencies in maner following: to wit, the president of the session the first place, the clerk of register the second place, the advocat the thrid place, and the thesaurer deput the last; lykas his majestie, with advice of his estates, doe heirby decerne and ordaine the persons and officers of state aforsaid and their successours in these offices to conforme themselffs in their precedencies to this present act, as they will be anserable.
[1661/1/259]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, now presentlie conveened be his majesties' spetiall authority, finding it necesser and expedient that the rents, maills, dueties and proffeits of the estate and lands of the late marques of Huntlie, now possest be the marques of Argyll, be sequestrat and areisted, and the collection and uptakeing thairof committed to some responsall persones who may make the same furthcomeing to his majestie or his donators, or such as shall be fund to have best right therto; thairfor, the lord commissioner and estates of parliament doe heirby give full power and commission to Charles, earle of Aboyne, and such as he shall appoint under him, for whom he shall be answerable, to collect, ingather and uptake the forsaids fermes, rents, maills, dewties and proffeits of all the estate and lands of the said late marques of Huntlie now possest be the said marques of Argyll, and to use all fair and legall wayes for uplifting of the same from the tennents and possessors of the saids lands, and heirby discharge the said marques of Argyll, his chamberlans and servants in his name from any collecting or uplifting of the saids fermes, rents, maills, dueties and other forsaids, and of their possessing of the houses and yeards of Strabogie in tymecomeing, provideing alwayes the said Charles, earle of Aboyne find sufficient caution at the sight of the earle of Crafford and Lindesay, lord thesaurer, to make the fermes, rents, maills and dewties of the forsaids lands to be uplifted be him furthcumand as aforsaid, and that this commission is only to be extendit for uplifting of the rents and others forsaids of the saids lands for this present yeer 1661, and the last yeer 1660 and preceidings.
The lord commissioner continewes the parliament till the morrow at tuo hours, and all summons ut supra.