[A1641/7/4]¹

[Supplication of the Earl of Glencairn regarding his precedency in parliament and deliverance thereupon]

[William Cunningham, earl of] Glencairn, his supplication and deliverance thereupon²

To the honourable members and estates of the sovereign court of parliament of this kingdom now convened, humbly means and shows William, earl of Glencairn etc., that when out of my affection to the advancement of the public work now in hand and out of my earnest desire to contribute my best endeavours for settling of the happy peace long wished for and now expected in this kingdom, and in obedience of the letters and earnest desire of the committee of the estates of parliament requiring my presence at this present diet of the said parliament, I am now come here to attend the parliament and to do that duty and to witness that affection to the advancement of all our accustomed ends as becomes a good patriot and true countryman. But in the discharging and acting of my duty and place (as having the honour to be a nobleman and member of parliament) I do foresee that I am to encounter with some difficulty and scruple regarding my place and dignity in parliament in so far as by a pretended decreet given against the late James [Cunningham], earl of Glencairn, my grandfather: in 1606, by warrant of a commission from his majesty for ranking of the whole nobility of this kingdom, my said late grandfather was allegedly postponed in place of dignity and voice of parliament to [George Sinclair], earl of Caithness, [John Graham, earl of] Montrose, [Hugh Montgomery, earl of] Eglinton and [John Kennedy, earl of] Cassilis, who, having taken advantage by the absence of my said grandfather, did obtain preference as said is, albeit I and my predecessors be undoubtedly prior to them in right and place of dignity as I am liable presently to certify. Likewise by the foresaid decreet it is expressly provided that if any nobleman be thereby prejudiced and postponed in their just place of dignity, they shall be heard to seek redress and to be restored against the same decreet. And accordingly my said late grandfather, upon priority of right and title, did obtain reduction of the said former decreet, which decreet reductive was thereafter reduced at the instance of [Alexander Montgomery], earl of Eglinton in 1617 from this only, that the said Earls of Caithness and Montrose were not called thereto, which was only one more defect of formalities without any further ground, so that undoubtedly the priority of place, voice and dignity does justly pertain to me. Neither can I goodly without prejudice of my place and dignity appear, sit, voice or ride in parliament unless your lords take the same to your consideration as the only proper and most competent judges thereto, and after consideration of my rights and title, to ordain me to be restored and returned fully against the said decreets. And as it shall be one great discontentment to me to be absent or deficient from the present work in hand, so I can not goodly in honour do any voluntary act which may wrong my place and dignity foresaid, therefore I humbly desire your lords to take the said matter together with my foresaid titles to the foresaid dignity to your serious consideration, and to appoint and determine to me my just and right place, voice and dignity in parliament according to my titles, which I shall presently instruct, or otherwise that your lords will be pleased to take such other course in the said matter as the present great affairs now depending be not interrupted, nor I wronged nor prejudiced in my place and dignity foresaid, that I may safely join with the rest of the members of parliament without prejudice as said is. And your lords' answer.

At Edinburgh, 15 July 1641

In parliament

The estates of parliament, having taken the desire of this bill to their consideration, find and declare that William, earl of Glencairn, his sitting and voting in parliament at this time, shall in no way be prejudicial to him in the right of his place whensoever he shall intend pursuit for the same before any judge competent. And also that this answer or reference shall not in any sort prejudice those other noblemen or any of them in their rights or possession and just defences of the same, according to the law.³

Read, voted and passed in parliament.

[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament