Ratificatioun in favouris of the clerkis of sessioun

Oure soverane lord and estaitis of parliament, understanding that thair is ane act and ordinance maid be the lordis of counsall and sessioune concerning the number of the clerkis quha salbe heireftir presentit and admittit to haif place to serve in sessioune as deputis to the clerkis of register in that court, quhairby the number is restrainit to thrie clerkis and declairit that it sall not be lawful to the clerk off register present, nor his successoures in that office in ony tyme to cum, to present any ma clerkis deputis to thame in sessioune over the number of thrie, nor to adjoyne ony fellow to ony of the thrie without the express advyse and consent of that clerk to quhome the uther is intendit to be joyned, and no utherwayis, as the act maid thairupoun mair lairglie proportis. Quhilk act his majestie and estaitis now, eftir mature deliberatioun, considdering the samyn to tend to the guid of his majesties subjectis and credite of that court, decernis and ordanes to be of full force and effect and to haif the strenth and auchtoritie of ane act and statute of parliament and to be observit but alteratioun be the senatouris of the colledge of justice and be the clerk of register present and his successouris in that office according to the tennour of the said act in all tymecumming, quhilk his majestie and estaitis, be the tennour heirof, ratifies, appreves and perpetuallie confermes in all poyntis for now and evir, togidder with the giftis and provisiounes of the thrie offices grauntit to the clerkis presentlie serving in sessioun and to thair fellowes conjunctlie and severallie admittit in the places with thame eftir the forme and tennour of the severall giftis exped to thame and langest levar of the twa persounes provydit thairby, in all poyntis, and quhilkis ar haldin as heirin word be word insert and declairit to be guid, valid and effectuall securities to the persounes provydit and every ane of thame for bruiking of the saidis offices and all the priviledges and dewties thairto belanging during the lyftyme of the langer levar of thame and as is more lairglie exprest in the saidis provisiounes; and ordanes the tennour of the said act to be ingrossit in this present statute as the same is conseavit, that nane pretned ignorance thairof in any tyme to cum, quhairof the tennour followes:

The lordis off counsale, being now myndefull that [at] the ernist desyre of the thrie principall clerkis of sessioun and with thair express consentis they haif laitlie ressavit in ilkane of the thrie offices and places possest be thame ane fellow clerk provydit conjunctlie and severallie with ilk principall clerk quha formerlie servit in the office allone, and leist be this maner of proceiding any inconstructioune sould thairby aryse as gif ilkane of the saidis thrie offices wer dismemberit and that the twa provydit to eache place wer admittit to twa severall and distinct places or the number of the clerkis thairby incressed, quhilk is nawayis intendit, bot be the contrar it is the express will of the saidis lordis, lykeas they heirby find and declare that thair authorizing and provyding of the provisioun gevin to twa persounes admittit in ilkane of the saidis thrie offices tendis allanerlie to establische the richt and securitie of the indivisable place and office in the persoun of twa provydit and the langest levar of these twa, to the effect the ane in absence of the uther may exerce the functioun of the offices and that the surviver may, eftir the utheris deceis, bruik and enjoy the samyn, haill benefite and priviledge thairof as amplie as ony clerk of sessioune hes done of befoir and conforme to the tennour of the giftis grauntit thairupoune in all poyntis, it being alwayis heirby provydit that the number of the offices in all sall not excresce over thrie. Lykas it is declarit that it sall not be permittit to the clerk of register present or his successouris in ony tyme to cum to joyne ony persoun with the clerkis serving in any of the saidis thrie offices, or to provyde twa persounes togidder to ane place, except be the advyse and consent and att the desyre of the principall clerk serving for the tyme in the place and no utherwayis, seing this lait conjunctioune of the foirsaidis twa persounes in ane place, quhilk is now approvin, proceidis and hes tane effect at the ernist mediatioun of the thrie principall clerkis serving in the saidis offices and is procured be thair travellis and warranted with thair express consentis, quhilk utherwayis without thair consentis culd nevir have bene fund valiable nor lawfull. And quhairto the lordis ar the moir movit to condiscend att this tyme, both in regaird of the experience of the long service dewthifullie dischargit be the saidis thrie principall clerkis, quhais gritter age now requyres sum supplie and release in the burdingis of thair calling, and als in respect of the houpes conceaved from bypast pruiff of the still continewing of the samyn sufficiencie in the persounes adjoyned, quhilk hes tofoir bene apparent in thame selffis and in thair ancessoures of guid reputatioun; and thairfore the saidis lordis, having att lenth weill considerit that the pluralitie of clerkis, gif the samyn sall exceid and excresce over the number of thrie, cannot eschaipe bot to prove more chargeabill to the subjectis and to breid confusioun and empaschement to the lordis in examining and decyding of materis moved befoir thame, eftir mature deliberatioun and with the express advyse of Schir George Hay of Kinffanes, clerk of register, quha tending the weill publict (quhilk is the ayme and end of this ordinance) moir nor his awin privat entres, hes willinglie assentit thairto, findis, decernis and declares that they will not admitt nor ressave in any tymecumming any mae principall clerkis to serve in sessioune attour the number of thrie, quhilk number they find and declare to be sufficient for the dispatche of all effairis belonging to that office with least disorder and grittest ease and benefite of his majesties subjectis. And consequentlie, with consent foirsaid, findis and declares that it sall not be permittit to the clerk of register present, nor his successoures to that office heirefter, to present to the saidis lordis be gift or uther graunt any mae depute clerkis to serve in sessioune, counsale or parliament except the number of thrie allanerlie, to witt: ane for ilkane of the thrie offices and na mae. And this abovewrittin ordinance the lordis findis and declares that they will observe in all tyme to cum as ane statute and inviolable decreit, quhilk they ordane to be inactit in thair register and to the quhilk they humelie intreit his majestie to interpone his auchtoritie and approbatioun, and that his majestie micht be pleased to gif warrand for confirmatioun of the samyn in this ensewing parliament, being ane constitutioune tending materiallie to the benefite of his majesties subjectis and for the honour and credite of this court. Att Edinburgh, the thrid day of Julii, the yeir of God jM vjC twentie ane yeiris. Sic subscribitur: Al, cancell[arius], I[n] P[resentia] D[ominorum], Melros, Sanctandros, Lauderdaill, Carnegie, Areskyne, Georg Hay, W. Oliphant, Kylsyth, A. Elphingstoun, Schir Robert Melvill, R. Cokburne, L. Craig, J. Cokburne, S. A. Hamiltoun, Geo[rge] Areskyne, J, Weimes, Schir J Skene, A, Hay, with the declaratioune that giff any clerk depute be promoved to any place in sessione or counsale, that he sall not execute that office any more.

  1. NAS, PA2/20, f.104v-106r. Back