Concerning our sovereign lord's privy council

2Our sovereign lord, with advice of his three estates assembled in this present parliament, statutes and ordains that his highness's privy council in time coming shall consist of the number of [...]3 persons and not exceed the same: they are to say, of noblemen and prelates to be always of the said privy council when they happen to be present or are sent for by his highness, sixteen, namely, [John Hamilton], lord Hamilton, the earls [Archibald Douglas, earl of] Angus, [George Gordon, earl of] Huntly, [David Lindsay, earl of] Crawford, [Francis Hay, earl of] Erroll, [George Keith, earl] Marischal, [Francis Stewart, earl of] Bothwell, [John Graham, earl of] Montrose, [John Erskine, earl of] Mar and [Andrew Leslie, earl of] Rothes, [Patrick Adamson], archbishop of St Andrews, [Peter Rollock], bishop of Dunkeld, the lords [James Stewart, lord] Doune and [William Maxwell, lord] Herries, the commendators [Claud Hamilton, commendator of] Paisley and [Alexander Seton, commendator of] Pluscarden. And these other persons after-mentioned to be of his highness's ordinary and daily privy council: they are to say, [Adam Bothwell], bishop of Orkney, [Alexander Colville], commendator of Culross, [James Meldrum], laird of Seggie and [James Home], laird of Cowdenknowes, captain of the castle of Edinburgh, and [...]4 more whom his majesty shall please elect, nominate and add hereafter, with the officers of the estate underwritten, namely, [John Maitland of Thirlestane], chancellor, who is also secretary, [Thomas Lyon of Baldukie], treasurer, [John Seton of Barns], comptroller, [Robert Douglas, provost of Lincluden], collector, [Walter Stewart, prior of Blantyre], lord keeper of the privy seal, [Mark Kerr, commendator of Newbattle], master of requests, [Sir Lewis Bellenden of Auchnoull], justice clerk, [David MacGill of Nisbet and Cranstoun-Riddel], advocate, [Andrew Melville of Murdocairnie], treasurer depute, and [Alexander Hay of Easter Kennet], clerk register, of the which, five at the least to be present at the hearing or ordering of any matter where an act or decreet shall happen to be made; and that none presume nor take upon hand to abide in the council house during the time that the council sits but the lords and other councillors nominated and admitted by his majesty, not exceeding the number above-written, nor that none intrude himself to be one of the number of the said privy council, unless he be an earl, lord of parliament, knight or one of the senators of the college of justice, and that after the death and deprivation of one of the persons above-written and in no other way; nor that no persons remain in the council house in the time of the sitting thereof but the said lord and councillors, the clerk of the council, the secretary's deputes and the depute of the master of requests without his majesty's special leave, under the pain of reproof and incurring of his majesty's indignation; and that nothing subscribed by his majesty be a sufficient warrant to the signet, privy or great seals, nor in any other judgement nor account, wherever the same is presented, until the same be subscribed by that officer to whose charge and office properly it appertains; certifying those that do in the contrary, they shall answer thereupon at their highest charge and peril.

  1. NAS, PA2/13, ff.91v-92r.
  2. 'P.' written in margin.
  3. Left blank.
  4. Left blank.