[1661/1/195]*[print] [email] [cite] [preceding] [following]
Forasmuch as during the long interruption that has been of the ordinary lawful courts of justice, most of these persons formerly named by the king's majesty to be lords of the session are now dead, so as there is now an entire and new nomination made by his majesty of certain persons to make up the number of the ordinary and extraordinary lords of the session, with one to be president in the absence of the chancellor, which nomination, being presented by the lord commissioner's grace before the estates of parliament, it is appointed to be recorded in the books of parliament, whereof the tenor follows.
Superscribed thus, Charles Rex
Charles, by the grace of God, king of Scotland, England, France and Ireland, defender of the faith, to all and sundry whom it pertains, greetings. We taking into our consideration how necessary it is that now, after so long interruption, the courts of justice may be established and law administered to our people, do therefore nominate and appoint Sir John Gilmour [of Craigmillar], [Alexander Falconer], lord [Falconer of] Halkerton, Sir Archibald Primrose [of Carrington], clerk register, Sir Robert Moray, justice clerk, Sir [James] MacGill of Cranston, Sir James Lockhart of Lee, Sir George MacKenzie [of Tarbat], Sir Archibald Stirling [of Garden], Sir James Foulis [of Colinton], Sir James Dalrymple of Stair, [Robert Nairn], laird of Strathord, Mr Robert Burnett, elder, Mr James Robertson, Mr John Scougal and Mr Andrew Aitoun to be the fifteen ordinary lords and senators of our college of justice; and as we nominate John [Lindsay], earl of Crawford and Lindsay, lord treasurer, John [Leslie], earl of Rothes, president of our privy council, John [Maitland], earl of Lauderdale, our secretary, and John [Kennedy], earl of Cassilis to be the four extraordinary lords of the session, and we appoint the said Sir John Gilmour to be constant president of the session in the absence of our chancellor who, by virtue of his office, is to preside in the session when he shall happen to be present, giving them hereby power to meet and to do everything for administration of justice to our subjects as fully and freely as any lords of the session nominated by our royal progenitors formerly did, or lawfully might have done and, according as by our laws and acts of parliament, they are warranted, commanding hereby our chancellor to take their oaths and admit them to their charge, and that this commission be recorded in the books of sederunt and books of parliament. Given at our court at Whitehall, 13 February 1661/0 and of our reign the thirteenth year.
May it please your majesty, this contains your majesty's nomination of the above-written persons to be the fifteen ordinary lords of the session and four extraordinary according to the list signed with your royal hand, and of Sir John Gilmour to be constant president of the session in the absence of the lord chancellor.
Subscribed thus, [John Maitland, earl of] Lauderdale.
Likewise Sir John Gilmour, the lord Halkerton, Sir Archibald Primrose, lord register, Sir James Lockhart, Sir George MacKenzie, Sir Archibald Stirling, Sir James Foulis, Sir James Dalrymple, Mr Robert Nairn, Mr James Robertson, Mr John Scougal and Mr Andrew Aitoun, as ordinary, being called and having taken the oath of allegiance and signed the acknowledgement of his majesty's prerogative, were admitted to their charge and gave their oaths of faithful administration, and his majesty, with advice of his estates of parliament, does declare that in all time coming the admission of the lords of session shall conforming to the laws and acts of parliament before the year 1640.