[C1678/6/2]*[print] [email] [cite] [preceding] [following]
Halirudhous, the first July 1678
Their being severall objectiones givin in to the comittee against some commissioners for shyres and burghs, and their being nothing producied to instruct or verifie anie of the said objectiones, and that manie of them wer founded upon mistakes; and the committee considering in general that this methode of procedor is altogither against the constant methode and practices of parliaments and conventiones, and doth tend to the prejudice of his majesties service by forisloweing the procedor of the conventione, and haveing taken the same to their serous consideratione, it is their opinion that noe objectione can be presented in this instance, either against the persones elected or elected the samen, not haveing beine objected and adnulled the tyme of the electione, except in the caice of double elections; otherways his majesties service and the safetie of the countrie, which requyres upon severall exigenes to call conventiones of estates, might be altogither frustrat.
[C1678/6/3]*[print] [email] [cite] [preceding] [following]
Halyrudhous, first of July 1678
The committee having called for and considered the objections given in against severall commissioners for shyres and burghs:
As to the objection given in by the Lord Blantyre against the lord president of the session, one of the commissioners for the shyre of Wigtoun, bearing that hee is not infeft in any lands holden of the king in that shyre, it was answered by the lord president that albeit he was not obliged in law to answere that objection, hee being legallie and formallie elected by a frequent meeting of the freeholders of that shyre, being himselfe absent, and had been thryce formerlie elected commissioner for that shyre to parliaments and conventions, yet hee, being singularlie stated, thought fitt for further satisfaction to make his answere that hee holds a fourtie shilling land in that shyre of the king, as appears by a register produced containing his infeftment in the two merkes halfe merks land of Galdmech and halfe myln therof, of the foure pound land of Borland, the fourtie shilling land of Northcairne with the mylne of Portmullen and myln lands therof holden of the king by him; and by the 35[th] act of the first session of his maties first parliament anent the election of commissioners for shyres, it is statute that all herators holding a fourtie shilling land of the king in capita and all heritors, lyfrenters or wadsetters holding of the king, and uthers who formerlie held their lands of bishops or abbotts and now hold of the king, and whose yearlie rent extends to ten chandlers victuall or 1,000 lib., few dewties being deduced, are capable to elect and bee elected commissioners to parliament.
As to the objection given in by the duke of Hamiltoun against the commissioners of Linlithgow shyre, bearing that Generall Dalziell is not infeft holden of the king and that Sharpe of Howstoun hes no right to the lands of Howstoun, it was considered that the objection is not competent now, nothing having bein objected the tyme of the election, and there is nothing yit produced to instruct the objection, and it consists in the knowledge of many persones, members of the comittee, that they are both publicly infeft.
As to the objection given in by the Lord Bargeine against Auchmedden, commissioner of the shyre of Bamff, bearing that hee is not the king's vassall in a fourtie shilling land, it was answered that the objection is not instructed, and it is notour that Auchmedden has a fourtie shilling land holden of the king.
As to the objection given in by the said Lord Bargenie against Fraser of Belladrum, one of the commissioners for the shyre of Invernes, bearing that at Michaelmas last Grant and Mackland were duelie elected commissioners, it was answered that no respect ought to bee had to the objection, seing hou their are no double elections, and the laird of Grant by a letter under his hand did demit, which necessitate the freeholders to proceid to a new election of one in his place.
As to the objection given in by the laird of Ormistoun against George Dollas of St Marteins that hee was not elected at a meeting of the freeholders and that the subscryvers of his commission are not infeft, it was answered that it appeares by the commission that all the freeholders of that shyre meit and subscryved the commission except the laird of Cromertie, who was a minor.
As to the objection given in by the Lord Bargenie against Mr Maitland that [at] the tyme of his election was not infeft holden of the king, it was answered that his election was most unanimous and it was declared by the members of exchequer present that hee was infeft holden of the king, and, for instructing therof, his infeftment was produced.
As to the objection given in by the Lord Bargenie against the captaine of Carrick and Mr Alexander Campbell that they are not the king's vassalls in any land within Argyle, it was answered that the objection is not instructed and the captaine of Carrick hes bein commissioner severall parliaments and conventions.
As to the objection given in by the said Lord Bargenie against the laird of Ulbster and Hemprigs that they have not a fourtie shilling land holden of the king and that the comission is null, being subscryved by the clerke and none of the freeholders, it was answered that the first objection is not instructed, and it consists in the knowledge of severall members of the committee that they are both infeft holden of the king; and as to the uther objection, there is one comission subscryved by the clerke and there is also another comission granted to them subscryved by the freeholders who voted unanimouslie to their election.
As to the objection given in by Ormeistoun against the laird of Clakmanan, comissioner for the shyre of Clackmanan, that hee is denudit of his estate in favors of his creditors, it was answered that any disposition granted by or to his creditors is under reversion and hee stands still the king's vassall.
As to the objection given in by the duke of Hamiltoun against David Spence bearing that hee cannot bee comissioner for the town of Ruglen, being town clerke, it was answered that the objection is a mistake, hee not being now town clerke, as was found after tryall by the convention of burrowes, and his comission is subscribed by the present towne clerke.
As to the objection given in by Broomhall against Robert Mylne, comissioner for the toune of Linlithgow, that hee was not a residenter nor trafficker there, and that he could not bee a trafficker becaus by his oath as customer hee is bound not to trade, it was answered that the said Robert Mylne is ane actuall merchant trafficker and beares burthen in the said burgh, therfore his own residence alone is not sufficent to report him; and albeit hee hes not acually resided in the said towne for some tyme, yet he hes been admitted to meit in the convention of burrowes as comissioner for Linlithgow; and wheras it is alledged that customers are bound by oath that they shall not trade, that holds only where the customes are in the king's owne hands, for then the collectors cannot trade, but where the customes are sett intake, the customer may and doe trade.
As to the objection given in by Broomhall against Archibald Wilson, commissioner for the Queensferrie, baring that hee is not elected by the towne councill, there being noe councill there, it was answered that the objection ought to bee repelled in regard the comunitie of the towne mett and elected him comissioner.
It was lykwayes added to each particular answere that ther objections were altogither illegall, as being given in by persones not concerned, and contrare to the fundamental priviledges of the barones and freeholders in the respective shyres, who as they best know what persones are most fitt to serve for them and in whom they may confide, so they could not bee ignorant of any persones who, not being freeholders, wold have encroached upon ther priviledges, either by voting or by being elected. And in so far as the persones abovenamed have bein unanimously elected by the freeholders of the respective shyres without any objection made or admitted there, the same cannot now bee called in question. As also if such objections should now bee admitted it wold spend more tyme then can bee allowed to a convention and needlessly retard his maties service and burthenn the lieges with long attendance.