[Report of the committee of controverted elections]

Halirudhous, June 1678

Report of the committee to the convention of estates anent the debatable elections

  1. NAS. PA7/22/126, 249-50. Incomplete copies of this report, NAS. PA7/22/127, 253-4 and NAS. PA7/22/140, 286-9. Back
  2. NAS. PA7/22/127, 253, another version of the same report, gives 'thirty'. Back
  3. NAS. PA7/22/131, 260 - 'In the controverted election of the shyre of Perth betwixt the laird of Fintrie and Johne Murray of Struen it is the opinion of the comittie that, seing the laird of Fintrie hes for years beine elected commissioner for the shyre of Perth to parliaments and conventions, and that at Michalmes last he wes continoueed to serve in that capacitie to anie ensuing parliament or conventione for this present year untill Michalmes next, sua that the said shyre, being ex auctorate and functi officio, could make noe new electione unles either in the caice of Fintrie's death or dimissione. And as the objectione made against Fintrie that he is not the king's vassall, being denneit by expyred comprysings, the comittie, haveing taken the same to their consideration, finds nothing produced to instruct the samen nor anie thing instructed to show that Fintrie's creditors stand infeft in his estates upon expyred appryseings'. Back
  4. NAS. PA7/22/127, 253, another version of the same report - 'The committee haveing considered the tuo comissiones of the shyre of Cromartie, they find that the comissione granted to George Dallas is subscribed be all the freeholders of the shyre except the laird of Cromartie, and that the other comissione granted to Thomas Lindsey is subscribed by none of the freeholders except the laird of Cromartie, the rest of the subscryvers being tradesmen and burgesses of Cromartie'. Back
  5. NAS. PA7/22/128, 255, another version of the same report, dated 1 July 1678 - 'The committy having considered the commission granted to Mr George Dicksone for the burgh of New Galloway, they find that he is not qualified conforme to the act of the generall convention of burrowes dated the eight of July 1675, he not being ane residenter nor actuall trafficker within that burgh and bearing scott and lott there; and therefore it is their opinion that the commission be rejected'. Back
[Election in the shire of Berwick]

The committee of the conventione of estates for considering the debatable elections of shyres and brughs haveing mett, and the double commissiones of the shyre of Berwick being called for, and their being one comissione produced grantit to Sir Roger Hoge of Harcarse and Sir Archibald Cockburne of Lanton, and another commissione in favours of the said laird of Lanton and Sir Patrick Home of Polwart, and the said comissiones being considered be the committee and both parties fullie heard therupon, it is their opinion that Harcarse and Lantone's commissione aught to be receaved and the commissione produced be Polwart rejected because Harcarse wes elected be pluratie of votes, their being fourtie votes for Harcarse and onlie eightein in all for Polwart, of which eightein, fyve hade also voted for Harcarse; and Harcarse commissione is subscryved be twentie†of the heretors and clerk instantlie efter the said electione, and the commissione produced be Polwart is only subscryved be nynteine heretors and noe clerk subscryveing, and made up and their subscriptions impetrat ex intervalis. Lykas in the commissione produced be Polwart the surname of the fourth subscryver therof is superinduced; neither would Polwart condescend upon the person whose subscriptione he owned it to be. And their is severally subscryveing Polwart's commission who were not present the tyme of the meiting of the shyre when his election was made, and thairfor Polwart's commissione cannot be receaved.

  1. NAS. PA7/22/126, 249-50. Incomplete copies of this report, NAS. PA7/22/127, 253-4 and NAS. PA7/22/140, 286-9. Back
  2. NAS. PA7/22/127, 253, another version of the same report, gives 'thirty'. Back
  3. NAS. PA7/22/131, 260 - 'In the controverted election of the shyre of Perth betwixt the laird of Fintrie and Johne Murray of Struen it is the opinion of the comittie that, seing the laird of Fintrie hes for years beine elected commissioner for the shyre of Perth to parliaments and conventions, and that at Michalmes last he wes continoueed to serve in that capacitie to anie ensuing parliament or conventione for this present year untill Michalmes next, sua that the said shyre, being ex auctorate and functi officio, could make noe new electione unles either in the caice of Fintrie's death or dimissione. And as the objectione made against Fintrie that he is not the king's vassall, being denneit by expyred comprysings, the comittie, haveing taken the same to their consideration, finds nothing produced to instruct the samen nor anie thing instructed to show that Fintrie's creditors stand infeft in his estates upon expyred appryseings'. Back
  4. NAS. PA7/22/127, 253, another version of the same report - 'The committee haveing considered the tuo comissiones of the shyre of Cromartie, they find that the comissione granted to George Dallas is subscribed be all the freeholders of the shyre except the laird of Cromartie, and that the other comissione granted to Thomas Lindsey is subscribed by none of the freeholders except the laird of Cromartie, the rest of the subscryvers being tradesmen and burgesses of Cromartie'. Back
  5. NAS. PA7/22/128, 255, another version of the same report, dated 1 July 1678 - 'The committy having considered the commission granted to Mr George Dicksone for the burgh of New Galloway, they find that he is not qualified conforme to the act of the generall convention of burrowes dated the eight of July 1675, he not being ane residenter nor actuall trafficker within that burgh and bearing scott and lott there; and therefore it is their opinion that the commission be rejected'. Back
[Election in the shire of Selkirk]

It is the opinione of the committee that the commissione granted to the freeholders of the shyre of Selkirk to Philiphaugh and Hayneing be approved, notwithstanding of the objectione made be some few of the freeholders of that shyre of the shortnes of the tyme that was given be the laird of Philiphaugh, shireffe, to them to meit to make the said electione, in regard that, by the sederunt of the meiting of the freeholders of the said shyre, subscryvit be the clerk, it is clear that the most pairt of all the heretors were present the tyme of the said electione and subscryveand the said comissione, and the rest weir advertised by letters, severall of which sent their excuses. Neither is their anie objectione given in against the tuo persones choysen.

  1. NAS. PA7/22/126, 249-50. Incomplete copies of this report, NAS. PA7/22/127, 253-4 and NAS. PA7/22/140, 286-9. Back
  2. NAS. PA7/22/127, 253, another version of the same report, gives 'thirty'. Back
  3. NAS. PA7/22/131, 260 - 'In the controverted election of the shyre of Perth betwixt the laird of Fintrie and Johne Murray of Struen it is the opinion of the comittie that, seing the laird of Fintrie hes for years beine elected commissioner for the shyre of Perth to parliaments and conventions, and that at Michalmes last he wes continoueed to serve in that capacitie to anie ensuing parliament or conventione for this present year untill Michalmes next, sua that the said shyre, being ex auctorate and functi officio, could make noe new electione unles either in the caice of Fintrie's death or dimissione. And as the objectione made against Fintrie that he is not the king's vassall, being denneit by expyred comprysings, the comittie, haveing taken the same to their consideration, finds nothing produced to instruct the samen nor anie thing instructed to show that Fintrie's creditors stand infeft in his estates upon expyred appryseings'. Back
  4. NAS. PA7/22/127, 253, another version of the same report - 'The committee haveing considered the tuo comissiones of the shyre of Cromartie, they find that the comissione granted to George Dallas is subscribed be all the freeholders of the shyre except the laird of Cromartie, and that the other comissione granted to Thomas Lindsey is subscribed by none of the freeholders except the laird of Cromartie, the rest of the subscryvers being tradesmen and burgesses of Cromartie'. Back
  5. NAS. PA7/22/128, 255, another version of the same report, dated 1 July 1678 - 'The committy having considered the commission granted to Mr George Dicksone for the burgh of New Galloway, they find that he is not qualified conforme to the act of the generall convention of burrowes dated the eight of July 1675, he not being ane residenter nor actuall trafficker within that burgh and bearing scott and lott there; and therefore it is their opinion that the commission be rejected'. Back
[Election in the stewartry of Kirkcudbright]

The committee haveing considered the objectione givin in against the laird of Brughton that he could not be elected commissioner for the stewartrie of Kirkudbright because, be a decreit of the lords of sessione of the dait the threttie day of July 1663, the saids lords did find the said Richard Murray of Brughtoun to be airt and part of the falsehoods in making up of false wreatts, viz: the executiones of letters of horneing raisit at the instance of William Stewart of Egounes against Thomas Lenox, glover in Edinburgh, of the soume of 307 lib. 10 s. Scotts; and that the said Richard Murray wes user of the said false wreat, and theirfor hes declared the said Richard Murray to be ane infamous person. Itt is the opinione of the comittee that the said objectione is sufficientlie taken of by a remissione granted be his matie past the great seall upon the elevint of Appryle 1665, whairby the king not onlie remitts to the said Richard the forsaid cryme and punishment that might have followed therupon in his persone, fame, lands or goods and discharges him therof, bot also redintegrates, repones and restores the said Richard Murray to his fame and all other capacities compitent to him befor the said sentence, as fullie and frielie in all respects as if the said sentence hade nevir bein givin nor pronounced against him. And thairfor it is the opinion of the committee that the comission grantit to the said Richard Murray be the stewartrie of Kirkcudbright aught to be receaved.

  1. NAS. PA7/22/126, 249-50. Incomplete copies of this report, NAS. PA7/22/127, 253-4 and NAS. PA7/22/140, 286-9. Back
  2. NAS. PA7/22/127, 253, another version of the same report, gives 'thirty'. Back
  3. NAS. PA7/22/131, 260 - 'In the controverted election of the shyre of Perth betwixt the laird of Fintrie and Johne Murray of Struen it is the opinion of the comittie that, seing the laird of Fintrie hes for years beine elected commissioner for the shyre of Perth to parliaments and conventions, and that at Michalmes last he wes continoueed to serve in that capacitie to anie ensuing parliament or conventione for this present year untill Michalmes next, sua that the said shyre, being ex auctorate and functi officio, could make noe new electione unles either in the caice of Fintrie's death or dimissione. And as the objectione made against Fintrie that he is not the king's vassall, being denneit by expyred comprysings, the comittie, haveing taken the same to their consideration, finds nothing produced to instruct the samen nor anie thing instructed to show that Fintrie's creditors stand infeft in his estates upon expyred appryseings'. Back
  4. NAS. PA7/22/127, 253, another version of the same report - 'The committee haveing considered the tuo comissiones of the shyre of Cromartie, they find that the comissione granted to George Dallas is subscribed be all the freeholders of the shyre except the laird of Cromartie, and that the other comissione granted to Thomas Lindsey is subscribed by none of the freeholders except the laird of Cromartie, the rest of the subscryvers being tradesmen and burgesses of Cromartie'. Back
  5. NAS. PA7/22/128, 255, another version of the same report, dated 1 July 1678 - 'The committy having considered the commission granted to Mr George Dicksone for the burgh of New Galloway, they find that he is not qualified conforme to the act of the generall convention of burrowes dated the eight of July 1675, he not being ane residenter nor actuall trafficker within that burgh and bearing scott and lott there; and therefore it is their opinion that the commission be rejected'. Back
[Election in the shire of Perth]

In the debatable electione of the shyre of Pearth, the committee finds the commissione granted to William Drummond of Cromlix, one of the comissioners for the said shyre, to be legall and formall, he being duelie elected in place of my lord register who wes formerlie one of the commissioners for the said shyre. And it is the opinion of the committee that the comissione granted to John Murray of Streuen is not legall, in regaird that the laird of Fintrie, haveing been elected for severall yeirs comissioner for the said shyre, and at Michalmes last wes continewed to be one of the said comissioners to anie parliament or conventcione of estates that should happin to be called in this instant yeir of God 1678 before Michalmes next. Lykas, by his maties proclamatione for calling of this conventione, new electiones of commissioners for shyres are onlie whair electiones hade not formerllie bein made, soe that electione being formerlie made at the Michelmes, their could be noe new electione in favours of Struen, and thairfor his commissione aught to be rejected.†

  1. NAS. PA7/22/126, 249-50. Incomplete copies of this report, NAS. PA7/22/127, 253-4 and NAS. PA7/22/140, 286-9. Back
  2. NAS. PA7/22/127, 253, another version of the same report, gives 'thirty'. Back
  3. NAS. PA7/22/131, 260 - 'In the controverted election of the shyre of Perth betwixt the laird of Fintrie and Johne Murray of Struen it is the opinion of the comittie that, seing the laird of Fintrie hes for years beine elected commissioner for the shyre of Perth to parliaments and conventions, and that at Michalmes last he wes continoueed to serve in that capacitie to anie ensuing parliament or conventione for this present year untill Michalmes next, sua that the said shyre, being ex auctorate and functi officio, could make noe new electione unles either in the caice of Fintrie's death or dimissione. And as the objectione made against Fintrie that he is not the king's vassall, being denneit by expyred comprysings, the comittie, haveing taken the same to their consideration, finds nothing produced to instruct the samen nor anie thing instructed to show that Fintrie's creditors stand infeft in his estates upon expyred appryseings'. Back
  4. NAS. PA7/22/127, 253, another version of the same report - 'The committee haveing considered the tuo comissiones of the shyre of Cromartie, they find that the comissione granted to George Dallas is subscribed be all the freeholders of the shyre except the laird of Cromartie, and that the other comissione granted to Thomas Lindsey is subscribed by none of the freeholders except the laird of Cromartie, the rest of the subscryvers being tradesmen and burgesses of Cromartie'. Back
  5. NAS. PA7/22/128, 255, another version of the same report, dated 1 July 1678 - 'The committy having considered the commission granted to Mr George Dicksone for the burgh of New Galloway, they find that he is not qualified conforme to the act of the generall convention of burrowes dated the eight of July 1675, he not being ane residenter nor actuall trafficker within that burgh and bearing scott and lott there; and therefore it is their opinion that the commission be rejected'. Back
[Election in the shire of Cromarty]

The committee haveing considered the commissione granted be severall of the freeholders of the shyre of Cromartie to Thomas Lindsey as one of the commissioners for that shyre, and haveing called the said Thomas, whom they find by his owin acknowledgement not to be a freeholder of fortie shilling land holdin of the king, but that he hes about sex chalder of victuall, some holdin of the king and some of other superiors; and also finds that the commissione itselfe is subsryved by none of the freeholders except the laird of Cromartie, the rest of the subsryvers being tradesmen and burgesses of Cromartie; thairfor it is their opinion the comission be rejected.†

  1. NAS. PA7/22/126, 249-50. Incomplete copies of this report, NAS. PA7/22/127, 253-4 and NAS. PA7/22/140, 286-9. Back
  2. NAS. PA7/22/127, 253, another version of the same report, gives 'thirty'. Back
  3. NAS. PA7/22/131, 260 - 'In the controverted election of the shyre of Perth betwixt the laird of Fintrie and Johne Murray of Struen it is the opinion of the comittie that, seing the laird of Fintrie hes for years beine elected commissioner for the shyre of Perth to parliaments and conventions, and that at Michalmes last he wes continoueed to serve in that capacitie to anie ensuing parliament or conventione for this present year untill Michalmes next, sua that the said shyre, being ex auctorate and functi officio, could make noe new electione unles either in the caice of Fintrie's death or dimissione. And as the objectione made against Fintrie that he is not the king's vassall, being denneit by expyred comprysings, the comittie, haveing taken the same to their consideration, finds nothing produced to instruct the samen nor anie thing instructed to show that Fintrie's creditors stand infeft in his estates upon expyred appryseings'. Back
  4. NAS. PA7/22/127, 253, another version of the same report - 'The committee haveing considered the tuo comissiones of the shyre of Cromartie, they find that the comissione granted to George Dallas is subscribed be all the freeholders of the shyre except the laird of Cromartie, and that the other comissione granted to Thomas Lindsey is subscribed by none of the freeholders except the laird of Cromartie, the rest of the subscryvers being tradesmen and burgesses of Cromartie'. Back
  5. NAS. PA7/22/128, 255, another version of the same report, dated 1 July 1678 - 'The committy having considered the commission granted to Mr George Dicksone for the burgh of New Galloway, they find that he is not qualified conforme to the act of the generall convention of burrowes dated the eight of July 1675, he not being ane residenter nor actuall trafficker within that burgh and bearing scott and lott there; and therefore it is their opinion that the commission be rejected'. Back
[Election in the burgh of Culross]

The committee haveing considered the comissione granted to Sir Alexander Bruce of Broomhall for the toune of Culross, they find that he is qualified to be a commissioner for the said burgh to the conventione of estates, conform to the act of the generall conventione of burroughs dated the eight of July 1675, in regaird he is qualified conform to the said act, being a merchant traffiquer and residenter [and] bearing scott and lott within the said burgh; and theirfor it is their opinion his comission aught to be receaved.

  1. NAS. PA7/22/126, 249-50. Incomplete copies of this report, NAS. PA7/22/127, 253-4 and NAS. PA7/22/140, 286-9. Back
  2. NAS. PA7/22/127, 253, another version of the same report, gives 'thirty'. Back
  3. NAS. PA7/22/131, 260 - 'In the controverted election of the shyre of Perth betwixt the laird of Fintrie and Johne Murray of Struen it is the opinion of the comittie that, seing the laird of Fintrie hes for years beine elected commissioner for the shyre of Perth to parliaments and conventions, and that at Michalmes last he wes continoueed to serve in that capacitie to anie ensuing parliament or conventione for this present year untill Michalmes next, sua that the said shyre, being ex auctorate and functi officio, could make noe new electione unles either in the caice of Fintrie's death or dimissione. And as the objectione made against Fintrie that he is not the king's vassall, being denneit by expyred comprysings, the comittie, haveing taken the same to their consideration, finds nothing produced to instruct the samen nor anie thing instructed to show that Fintrie's creditors stand infeft in his estates upon expyred appryseings'. Back
  4. NAS. PA7/22/127, 253, another version of the same report - 'The committee haveing considered the tuo comissiones of the shyre of Cromartie, they find that the comissione granted to George Dallas is subscribed be all the freeholders of the shyre except the laird of Cromartie, and that the other comissione granted to Thomas Lindsey is subscribed by none of the freeholders except the laird of Cromartie, the rest of the subscryvers being tradesmen and burgesses of Cromartie'. Back
  5. NAS. PA7/22/128, 255, another version of the same report, dated 1 July 1678 - 'The committy having considered the commission granted to Mr George Dicksone for the burgh of New Galloway, they find that he is not qualified conforme to the act of the generall convention of burrowes dated the eight of July 1675, he not being ane residenter nor actuall trafficker within that burgh and bearing scott and lott there; and therefore it is their opinion that the commission be rejected'. Back
[Election in the burgh of New Galloway]

The committee haveing considered the comission grantit be the toune of New Galloway to Mr George Dickson of Buchtrige, it is their opinion that the samen cannot be receaved, he not being qualified conform to the act of convention off burroughs, in regaird he is not a traffiqueing merchant within the said toune of New Galloway.†

  1. NAS. PA7/22/126, 249-50. Incomplete copies of this report, NAS. PA7/22/127, 253-4 and NAS. PA7/22/140, 286-9. Back
  2. NAS. PA7/22/127, 253, another version of the same report, gives 'thirty'. Back
  3. NAS. PA7/22/131, 260 - 'In the controverted election of the shyre of Perth betwixt the laird of Fintrie and Johne Murray of Struen it is the opinion of the comittie that, seing the laird of Fintrie hes for years beine elected commissioner for the shyre of Perth to parliaments and conventions, and that at Michalmes last he wes continoueed to serve in that capacitie to anie ensuing parliament or conventione for this present year untill Michalmes next, sua that the said shyre, being ex auctorate and functi officio, could make noe new electione unles either in the caice of Fintrie's death or dimissione. And as the objectione made against Fintrie that he is not the king's vassall, being denneit by expyred comprysings, the comittie, haveing taken the same to their consideration, finds nothing produced to instruct the samen nor anie thing instructed to show that Fintrie's creditors stand infeft in his estates upon expyred appryseings'. Back
  4. NAS. PA7/22/127, 253, another version of the same report - 'The committee haveing considered the tuo comissiones of the shyre of Cromartie, they find that the comissione granted to George Dallas is subscribed be all the freeholders of the shyre except the laird of Cromartie, and that the other comissione granted to Thomas Lindsey is subscribed by none of the freeholders except the laird of Cromartie, the rest of the subscryvers being tradesmen and burgesses of Cromartie'. Back
  5. NAS. PA7/22/128, 255, another version of the same report, dated 1 July 1678 - 'The committy having considered the commission granted to Mr George Dicksone for the burgh of New Galloway, they find that he is not qualified conforme to the act of the generall convention of burrowes dated the eight of July 1675, he not being ane residenter nor actuall trafficker within that burgh and bearing scott and lott there; and therefore it is their opinion that the commission be rejected'. Back