Procedure: protests over precedency; asking of instruments

Henrie Adamesoun for the burgh of Perth askit instrumentis that he produceit ane decrete gevin be the commissionaris of burrowis anent the placeing of thame in parliament befoir the burgh of Dundie and nixt Edinburgh, and that albeit the mershell, at command of the king, displacit James Hepburne, thair commissionair, that the samyn on na wayis prejuge thair decreit nor richt to be decidit thairanentis; and thairupoun askit instrumentis.

And siclike Alexander Skrymgeour, commissionar of Dundie, protestit that quhat beis done in this caus on nawayis hurt nor prejuge thair burgh nor liberties of Dundie.

And siclike, in presence of the kingis grace and his hienes thrie estatis, comperit Francis Hay, sone lawfull to Andro, erll of Erroll, lord Hay, constable of Scotland, and fear of the erldome of Erroll and constabularie, auctorizit be the said erll, his father, to use and exerce the office of constabularie and to occupy his place and gif voit for him in this present parliament, humblie requiring his majestie and his thrie estatis to be receavit and admittit in the said place according to his fatheris commissioun; quhilk desyir his majestie and his saidis thrie estatis thocht ressonable, and thairfoir hes receavit and receavis and admittis the said Frances to use and administrat the said office of constabularie and to occupy the place and giff vote for the said erll, his father, quha in like wayis gaif his aith presentlie to serve dewlie in the said office; quhairupoun the said Frances askit instrumentis and documentis.

George, erll Mershell protestit yhat albeit it hes pleisit the kingis majestie at this present parliament to place sum of his hienes garde within the bar of the tolbuith for attendence upoun his hienes persoun, that the samyn on na wayis hurt nor prejuge his auncient liberties and privilegeis grantit to the said erll and his predicessouris be the kingis grace predicessouris; and thairupoun askit instrumentis.

Frances, erll Bothuill protestit that he micht have his dew place in parliament and rowme, to sitt siclike and in the samyn maner as his predicessouris hes had of befoir in our soverane lordis and his hienes predicessouris tymis, with his voit and utheris honouris as his predicessouris hes had of befoir; and protestit quhat evir beis done in the contrare thairof at this parliament on na wayis be hurtfull nor prejudiciall to him thairanentis; and thairupoun askit instrumentis.

The said Erll Bothuill protestit sollempnitlie that albeit Alexander Home, allegeit commendatar of Coldinghame, be chosin at this tyme as ane of the lordis of articles, as ane of the prelatis and commendatar foirsaid, that he on na wayis consentis thairto; and protestis that the samyn be na hurt to him anent his rycht and titill quhilk he acclamis to the said priorie, nor derogatioun to him nor his successouris in the said benefice at onie tyme cumming; and thairupoun askit instrumentis.

And the said Alexander Home, affirmand him to be priour of the said priorie and lawfullie providit thairto, protestit in the contrare, and that he may have his awin place as his predicessouris hes had of befoir.

Frances, maister and fear of Erroll, protestit that althocht Frances, now erll Bothuile hes voitit befoir him at this tyme, that it hurt nor prejudge not him.

  1. NAS, PA2/12, f.115v. Back