At Edinburgh 29 January 1661

Procedure: patents of appointment read and received
[John Lindsay], earl of Crawford, treasurer

The which day the lord commissioner presented a patent under his majesty's great seal making the earl of Crawford treasurer principal of this his majesty's kingdom of Scotland during the said earl's lifetime, and declared that it was his majesty's pleasure that the said lord treasurer should have the same place and precedency that any treasurer formerly had before these troubles, next to and immediately after the lord chancellor. Which patent, being read in the presence and hearing of the estates of parliament, they did with all duty acknowledge his majesty's favour shown to the said earl of Crawford, and the said earl, having taken the oath of allegiance and of faithful administration, the lord commissioner in testimony of his admittance to his office delivered his patent to him, who, in presence of the parliament, received the same upon his knee.

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  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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[John Maitland], earl of Lauderdale, secretary

The lord commissioner presented a patent under his majesty's great seal creating John, earl of Lauderdale to be sole and only secretary of state of this his majesty's kingdom of Scotland during his lifetime. Which patent, being read in the presence and hearing of the estates of parliament, they did with all humble duty acknowledge his majesty's worthy choice, and the lord commissioner delivered the said patent to [John Lindsay], earl of Crawford who, in absence of the earl of Lauderdale, received the same upon his knee, and in regard of his absence in his majesty's service commission was given for taking his oath of allegiance and administration at London.

  1. NAS. PA2/26, 25. Back
  2. NAS. PA2/26, 25. Back
  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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Sir Archibald Primrose [of Carrington], clerk register

The lord commissioner presented a patent under his majesty's great seal making Sir Archibald Primrose of Chesters, knight and baronet, during all the days of his lifetime clerk of his majesty's council, registers and rolls. Which patent, being read in the presence and hearing of the estates of parliament, they did with all humble duty acknowledge his majesty's fit choice and the said Sir Archibald Primrose, having taken the oath of allegiance and of faithful administration, the lord commissioner did deliver his patent to him, who received the same upon his knee.

  1. NAS. PA2/26, 25. Back
  2. NAS. PA2/26, 25. Back
  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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Procedure: appointment of clerks and deputes
Clerks of session

The which day the lord register, having presented Sir John Gibson, Mr John Hay, Mr Thomas Hay, Mr Alexander Gibson, Mr Laurence Scott and Robert Hamilton to be his deputes as clerks of the session, conforming to the gifts and deputations granted by him to them, they were admitted and gave their oaths of faithful administration in the presence of the estates of parliament.

Forasmuch as Sir Archibald Primrose of Chesters, knight and baronet, by virtue of a warrant under his majesty's hand of 7 August last, has hitherto exercised the office of clerk of register and appointed deputies in the session and for keeping of the registers of sasines in the several shires of this kingdom, the king's majesty and estates of parliament approves his exercising of the office aforesaid by his majesty's warrant and of the deputations given by him therein, and wills and declares the same to be valid in all time coming.

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  2. NAS. PA2/26, 25. Back
  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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Procedure: remit to privy council for inquiry of precognition
Precognition to [George Ogilvy], lord Banff

The estates of parliament now presently convened, by his majesty's special warrant and authority, having at length heard, seen and considered a supplication presented to them by George, lord Banff, George [Ogilvy], master of Banff, Mr Thomas Mortimer, portioner of Boigton, William Ogilvie, younger of Bauchlaw, Walter Ogilvie, son to the deceased James Ogilvie of Glassoch, Alexander Brockie, servitor to the said Lord Banff, Alexander Brockie, tenant to the Lord Banff, and James Brockie, notary in Banff, showing that where the petitioners being cited before the late committee of estates at the instance of his majesty's advocate and Isobel Duff, late spouse to the deceased Mr John Gordon of Barrelmad, Patrick and Henry Gordon, brethren to the said deceased Mr John, for alleged killing of the said deceased Mr John, and for finding caution to appear before the justice general or his deputes when the petitioners should be charged; and to the effect it might appear to the world how innocent the petitioners are of the foresaid alleged slaughter, the petitioners did represent the true business to his grace his majesty's commissioner, which was that there being a piece of land controverted between the Lord Banff, master of Banff and the said Mr John Gordon, the said master of Banff did with a procurator, notary and some three or four witnesses, go to the ground of the said piece of land where the corns were shorn, having no other purpose but to make a civil interruption by way of instrument by taking away an inconsiderable parcel of the said corns, which accordingly they did, having taken instruments in the foresaid notary's hands of their interruption, and having taken only a sheaf of corn in a boy's hand, Patrick Gordon, brother to the said deceased, being upon the ground for the time, and not suffering the boy to carry away the sheaf, the master of Banff asked him why he should strive for so inconsiderable a thing, and did offer to suffer him to take as much of his own uncontroverted ground, and ten times more, and desired him to make no further trouble, but the said Patrick most wilfully would have the sheaf from the boy (it not being as yet carried away) yet he not content therewith, he told the master that he would make it a black day to him, and should be shortly after him, whereupon the said Patrick went speedily to his brother and brought him furth with a number of people, men and women, with swords, staffs and pitchforks and other weapons, followed and pursued the said master near a mile of ground from the place where the instrument was taken until, in end, they fell upon him and the few persons with him and, by the cruelty of three or four women amongst the rest who got about him and threw him to the ground by the hair of the head, and in that posture did the deceased Mr John and his brother give him several wounds upon his body and did mutilate his left hand, having no other thing to defend himself being in that condition, and the said Mr John, advancing with a stroke of intention to have killed the master of Banff, George Buchan, one of the company holding out a rapier in his own defence and in defence of the master of Banff's life, the said Mr John advancing with the said stroke, as said is, did thrust his belly upon the point of the rapier, which occasioned the said Mr John Gordon's death. And now seeing the petitioners had found caution for their appearance before the justice general and his deputes upon fifteen days' warning, therefore, desiring that it might please his grace and estates of parliament to take consideration of the circumstances and conforming to the laudable practise observed in the like cases where slaughter is committed casually by accident or in defence and not out of forethought felony, and the parties accused being innocent, the deed being done in a tumultuary way and accidental encounter, and that the matter of fact cannot be so well cleared at a peremptory diet before the justice without a precognition and previous trial of the whole circumstances of the same, that warrant might be given to the lords upon the commission for bills appointed by parliament, or such of them or any other whom his grace and parliament shall think fit, to take precognition and trial of the matter of fact of the said slaughter, and for that effect to cite parties and witnesses, that report might be made to his grace and parliament or in case the parliament be up that the same report might be made to his gracious majesty that such course may be taken therein as the merits and equity of the cause shall require, and in the meantime that all further proceeding in the said business may be discharged until the said precognition be taken and report made, and the parliament's or, in case of their not sitting, his majesty's pleasure and their determination be known and declared thereupon. And then, together with a report made and given in by the commissioners appointed for trade and bills, to whom the said estates of parliament referred the consideration of the foresaid supplication, which report bears that the said commissioners, having heard the petition of the said supplicants, they did humbly conceive that the desire of the above-written bill should be granted and that this matter of fact could not be so well cleared by a peremptory diet before the justice general or his deputes as by a precognition and previous trial of the whole circumstances of the same, and that commission should be granted for that effect, as the said report in itself more fully contains. And they therewith being well and ripely advised, the estates of parliament aforesaid have appointed and hereby appoints the business above-written to be tried by way of precognition by the lords of his majesty's privy council and in the meantime the said estates of parliament do hereby discharge all criminal procedures against the forenamed petitioners until 1 June next to come and longer as it shall be found convenient by the said lords of privy council to appoint.

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  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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Legislation: private business
Christian Burn

The estates of parliament presently convened by his majesty's special authority, having heard a petition presented to them by Christian Burn, spouse to Mr William Wishart, minister at Kinneill, now prisoner in the castle of Stirling, holding furth the sad condition of the said Mr William through want of means, having a numerous family and his stipend lately sequestrated, and that thereby they will be necessitated to expose themselves to charity unless remedy be provided; and therefore, humbly desiring the sequestration of the said Mr William's stipend to be taken off for the crop last bypast 1660 years, with all bygone arrears resting owed, as the petition more amply bears. Which being considered by the said estates of parliament, with the report of the commissioners appointed by parliament for complaints given in by them in the said matter, the said estates of parliament have allowed and hereby do allow to the said Christian Burn, petitioner, for herself and her family, all the arrears of her said husband's stipend resting owed preceding the said year 1660, and ordains the same to be paid to her by the persons liable in payment thereof and that notwithstanding of any former sequestration.

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  2. NAS. PA2/26, 25. Back
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  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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Edward Whalley

The estates of parliament presently convened by his majesty's special authority, having heard a petition presented to them by Richard Symons, baxter in Leith, as factor for Edward Whalley, citizen of London, holding furth that John Robeson, Englishman there, being debtor to the said Edward in the sum of £80 7s sterling money, conforming to his bond, which, being registered at Leith, and an act of warding given out against him, whereupon he retired in to the citadel at Leith, is now gone for England and has ordered his wife to convey away all her goods, plate and monies in defraud of the said debt and, therefore, craving that the magistrates of burghs and other judges competent within this kingdom, might be authorised to arrest their goods until caution is found to make the same forthcoming, as the foresaid petition more amply bears. Which being considered with the foresaid registered obligation and report of the commissioners for bills and trade given in by them in the said matter, the said estates of parliament have authorised, and do hereby authorise and give command to the magistrates of burghs and other judges competent, according as they shall be required, to fence, secure and arrest all and sundry the goods, gear, plate, jewels, household stuff and others whatsoever pertaining to the said John Robeson, or his said spouse, in any shire, harbour or other place in whose hands or wherever the same can be apprehended within their bounds and respective jurisdictions, to remain under sure fence and arrestment at the instance of the said supplicant, until such time as sufficient caution and surety is found that the same shall be made forthcoming to him as law will.

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  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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John Cunningham of Baidland

The estates of parliament presently convened by his majesty's special authority, having heard a petition presented to them by John Cunningham of Baidland desiring satisfaction of certain sums of money wherein he has overspent for the shire of Ayr, to which he was collector before the year 1650, which petition being considered by the said estates of parliament, and they having many testimonies of the honesty and good deportment of the said John Cunningham and also having heard the report of the commissioners for bills and trade thereupon, the said estates of parliament do seriously recommend the condition of the said John Cunningham to the gentlemen and heritors of the said shire of Ayr that they may state his accounts what they are resting owing to him and that he may be paid thereof accordingly.

  1. NAS. PA2/26, 25. Back
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  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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Burgh of Dumbarton

Anent the supplication given in to his majesty's commissioner and estates of parliament appointed for bills by the provost, bailies, council and community of the burgh of Dumbarton showing that the said burgh is situated between the rivers of Leven and Clyde, and Leven being a river of most strong current, not only is thereby the lands and burgh ruids thereof totally wasted and overflowed and the water works defaced, which were anciently built by the supply of his majesty's grandfather King James VI of blessed memory, who had a particular regard and respect to the said burgh for their constant loyalty and affection towards his majesty and knew well how much it imported to his majesty's service and peace of the kingdom to have the said burgh preserved from the impetuousness of the said river and to have a constant passage between the said burgh and the Highlands without boats, and that the said burgh, as it was not able to build the same work at first without the charity and assistance of his majesty, so it is now altogether unable to repair the same, being exceedingly impoverished by continual heavy taxes, plunderings, quarterings and other extraordinary and unsupportable burdens imposed upon them by the late usurpers, for their constant and well-known loyalty and affection to his majesty and his interests and, therefore, desiring the said estates of parliament to take the circumstances to consideration and to prevent, by some effectual course, the ruin of the said burgh and inhabitants thereof and that the said works may be repaired for the common good of the kingdom to allow to the said burgh the public assessment and excise of the same burgh for such a time as at the sight of judicious persons may be thought necessary for repairing of the said works and preventing the utter ruin of the said burgh. Which supplication, with the report of the commissioners appointed for bills and trade made thereupon, being heard, seen and fully considered by the lord commissioner's grace and the estates of parliament and they therewith being well and ripely advised, the said estates of parliament hereby appoints and ordains a contribution to be collected and gathered at all the parish churches both in burgh and landward on the south side of the water of Forth for the use above-written.

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  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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William Forbes, fugitive

The estates of parliament presently convened by his majesty's special authority, having heard a petition presented to them relative to a petition formerly given in to the committee of estates on behalf of John Irvine of Kincousie complaining of the cruel murder of his father committed by William Forbes, bastard son to John Forbes of Leslie, and, therefore, craving he might be cited to hear himself decreed to find caution to underlie the law for the said cruel murder before the criminal court or any other authorised by his majesty, or else to be declared fugitive, conforming to the which, citation being granted, the said William Forbes was by virtue thereof lawfully summoned to have compeared before the said estates of parliament on 15 January instant, at which time Mr George MacKenzie, advocate, compearing on behalf of the said William Forbes, desired a longer time for finding of the said caution and 26 January was assigned him for that effect, and the caution to be under the pain of £500 sterling or else to be declared fugitive, as the foresaid summons and executions thereof and acts made thereupon more fully contains. And the said estates of parliament, considering that the foresaid caution was not as yet found, therefore, they have decreed and by the tenor hereof decrees and ordains the said William Forbes to be denounced rebel for his contumacy and disobedience foresaid and fugitive, and ordains letters to be directed and executed hereupon in form as appropriate.

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  2. NAS. PA2/26, 25. Back
  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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Mr James Douglas

The estates of parliament now presently convened by his majesty's special authority, having heard a petition presented to them by Mr James Douglas, late minister at Kirkwall, holding furth that he had served the cure as minister at the Ladykirk eight months in the year 1659, being lawfully admitted thereto but, in regard there was no manse nor glebe for him to reside into, he was forced to demit by advice of the presbytery, who did unanimously, with advice of the parishioners, recommend him to those in power and authority for payment of a two part of the year's stipend. Which petition, being considered by the said estates of parliament and they having heard the report of the commissioners for bills and trade who spoke with [William Douglas], earl of Morton and sheriff of Orkney thereupon, and also having perused a declaration of the presbytery of Orkney bearing that the heritors are most willing that the said Mr James be answered of the two part foresaid of the said stipend, therefore, the said estates of parliament have ordained and by the tenor hereof decrees and ordains the said Mr James to be answered and obeyed of the two part foresaid of the said stipend of the Ladykirk in Orkney, according to use and wont, pertaining to his service above-written, and ordains the persons liable in payment thereof to make good, ready and thankful payment to him of the same accordingly, and ordains letters and executions of horning, poinding and others necessary to be directed hereupon and that upon a simple charge of fifteen days as appropriate.

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  2. NAS. PA2/26, 25. Back
  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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Robert Stewart

The estates of parliament presently convened by his majesty's special warrant and authority, having at length heard, seen and considered a supplication presented to them by Robert Stewart, burgess of Linlithgow, showing that the supplicant being duly and lawfully infeft and seised in an annualrent of 370 merks Scots yearly, to be uplifted and taken at two terms in the year Whitsunday [May/June] and Martinmas [11 November] furth of all and whole the lands of Magdalens lying beside the said burgh of Linlithgow, whereupon the said supplicant obtained a decreet before the lords of council and session against George Dundas, son and apparent heir to the deceased Mr Walter Dundas, heritor of the said lands, and Jean Bruce, life-rentrix of the same, for payment of the foresaid annualrent, and for poinding of the ground of the said lands of Magdalens for the said annualrent, and that for the years 1647, 1648 and 1649 and in all time coming, as the said decreet of the date 1 January 1650 at more length bears, by virtue whereof the supplicant had been in constant possession of the same until of late it pleased the right honourable the committee of estates to give warrant to Andrew Crawford in Linlithgow to collect the mails, ferms and duties of the said lands of Magdalens as pertaining to William Dundas for his majesty's use or any having right thereto from the king's majesty, therefore, desiring it might please the said honourable court of parliament to give order and warrant to the said Andrew Crawford to make payment to the supplicant, furth of the first and readiest of the ferms and duties of the said lands already uplifted or to be uplifted by him, of the said annualrent resting to him of the terms of Whitsunday [10 June] and Martinmas last past in the year of God 1660, conforming to his said right and decreet above-written in all points. This together with a report made and given in by the commissioners for trade and bills, to whom the said estates of parliament referred the consideration of the foresaid supplication and instructions thereof, bearing that the said commissioners, having heard a bill presented to them by the supplicant, and having likewise considered the said supplicant's infeftment and remaining writs and evidences produced by him for instructing of his right to the said yearly annualrent, together with the foresaid decreet for poinding of the ground for the foresaid annualrent long anterior to the said William Dundas's right, they did humbly conceive the petitioner's desire to be most reasonable, and that the said Andrew Crawford should make payment accordingly, as the said report in itself more fully contains. The estates of parliament aforesaid have approved and do hereby approve the same report made to them by the said commissioners for trade and bills in the matter above-specified and, therefore, ordains the above-named Andrew Crawford to make payment and deliverance to the said Robert Stewart, supplicant, of the foresaid annualrent of 370 merks money above-specified resting to him of the terms of Whitsunday and Martinmas last past, the year of God 1660 furth of the first and readiest of the mails and duties of the said lands of Magdalens already uplifted or to be uplifted by him, conforming to the said supplicant's rights and decreet above-written in all point, and ordains letters etc.

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  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
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  14. NAS. PA2/26, 30-31. Back
David Sinclair

The estates of parliament having taken to their consideration a supplication presented to them by David Sinclair of Rysa, lawful son to the deceased Hugh Sinclair of Rysa in Orkney, and the provost, bailies and ministers of Edinburgh for their interests, showing that the said David and his authors have right to the said lands of Rysa and have been in peaceable possession thereof without trouble or impediment these forty years bygone and more by virtue of a right flowing from James [Law], sometime bishop of Orkney, the feu duty of the which lands belong to the town of Edinburgh as a part of their ministers' stipend, until upon 16 October last that the said David's father was removed by death and James Moodie of Melsetter in Walls in Orkney, accompanied with nine or ten accomplices to himself, came to the said lands and house of Rysa, and most unchristianly and inhumanely fell upon the supplicant (he being but a minor) and in a hostile and most violent manner, without any order of law (taking advantage of the times and of the distance from this place where the seat of justice is) intromitted with the duties of the said lands of Rysa and whole corns and crop upon the ground, and caused thresh the same and applied the corns to his own use, as also most barbarously entered the petitioner's dwelling place with his said accomplices, and thrust him out of doors, and beat him to the great effusion of his blood, and did cast out all the plenishings out of his house, masterfully took the keys thereof from him, he having none to assist him but the number of three or four witnesses who were standing by and dare not venture to oppose so great a number, and thereafter James Moodie settled some of his own servants in the house and caused the tenants take new tacks of him and his son which they were forced to do or else to lose all their corns and goods upon the ground. And seeing this is a horrid riot contrary to his majesty's laws and acts of parliament and being done against a fatherless minor who has no livelihood nor means of subsistence unless some speedy course be taken therewith and, therefore, craving commission to be granted to Mr Patrick Graham of Rothiesholm, James Baillie of Tankerness, George Smith of Rapness, late convener of the sheriffdom of Orkney, Thomas Wilson, one of the present bailies of Kirkwall, James Stewart of Graemsay and Colonel John Stewart of Newark, or any others whom the said estates of parliament should think fit, to examine and investigate upon the business and, if it shall be found that there is a riot and oppression committed, that they may be authorised to restore the petitioner and his tenants to their right and possession of the said lands, dwelling houses and mill of Rysa, and to cause the said James Moodie refund to the petitioner such damage and expenses as he has sustained by the said riot and his coming to Edinburgh and turning back in prosecuting this business, and for that effect to authorise them to summon the said James Moodie and his accomplices and the witnesses who were present to compear before them at such times and places as they shall appoint for clearing of the said matter. This together with the report of the commissioners appointed for bills (to whom the same was referred) made in the said matter, the estates has given and granted and hereby give and grant full power and commission to Sir William Sinclair of Canisbay, William Sinclair of Rattar, William Sinclair of Dunbeath, David Sinclair of Southdoun, Colonel John Stewart of Newark, Mr Patrick Graham of Rothiesholm and Robert Stewart of Burgh to meet at any day or days place or places in Orkney and to take trial anent the circumstances, and for that effect to call before them the said James Moodie and to receive witnesses for clearing of the said matter, and to emit their warrants for summoning of them to that effect and, as they shall find the said James Moodie to have wronged the said David Sinclair and his tenants anent these matters, ordains them to make report thereof to this present parliament, which failing to the lords of his majesty's secret council, to the effect that thereafter they may proceed and administer justice in the said matter as appropriate.

  1. NAS. PA2/26, 25. Back
  2. NAS. PA2/26, 25. Back
  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
  5. NAS. PA2/26, 25. Back
  6. NAS. PA2/26, 25-27. Back
  7. NAS. PA2/26, 27. Back
  8. NAS. PA2/26, 27-28. Back
  9. NAS. PA2/26, 28. Back
  10. NAS. PA2/26, 28-29. Back
  11. NAS. PA2/26, 29. Back
  12. NAS. PA2/26, 29. Back
  13. NAS. PA2/26, 30. Back
  14. NAS. PA2/26, 30-31. Back
Procedure: continuation

The lord commissioner continues the parliament until Friday at 2 o'clock and all summons as above.

  1. NAS. PA2/26, 25. Back
  2. NAS. PA2/26, 25. Back
  3. NAS. PA2/26, 25. Back
  4. More generally known as Sir Archibald Primrose of Carrington from being made lord of session as Lord Carrington in February 1661. Back
  5. NAS. PA2/26, 25. Back
  6. NAS. PA2/26, 25-27. Back
  7. NAS. PA2/26, 27. Back
  8. NAS. PA2/26, 27-28. Back
  9. NAS. PA2/26, 28. Back
  10. NAS. PA2/26, 28-29. Back
  11. NAS. PA2/26, 29. Back
  12. NAS. PA2/26, 29. Back
  13. NAS. PA2/26, 30. Back
  14. NAS. PA2/26, 30-31. Back