[Act regarding the election of officers of state, council and session]

Act regarding the election of the officers of state, councillors and sessioners

Our sovereign lord and the estates of parliament, considering that whereas there was an article in the treaty regarding the manner of choosing and placing of officers of state, councillors and sessioners, whereof the answer was remitted to be determined by his majesty and this parliament; and his majesty being willing to give this his ancient and native kingdoms all satisfaction possible that fit and qualified persons shall ever fill these places, and considering that his majesty's residence (because of his great affairs) will be more ordinary in England than here, whereby the qualification of persons may not at all times be so well-known to him, therefore his majesty, with advice and consent of the estates of parliament, declares for himself and his successors that he will nominate and make choice of such able and qualified persons to fill those places as shall be fittest for his service and may give most contentment to the estates of parliament, which nomination and choice his majesty will make with the advice and approbation of the said estates of parliament during their sitting. And if any of the said places shall happen to become vacant and must be provided in the interval between parliaments, his majesty will choose and nominate officers of state and councillors with the advice and approbation of the council, all that number being warned upon 15 days' calling to meet relating thereto and most part of the whole consenting; and in like manner the sessioners, with the advise and approbation of the most part of that house. Which elections made in the interval shall be allowed or disallowed in the next ensuing parliament as the king's majesty and the parliament shall think expedient. And the officers of state, councillors and lords of session so nominated and chosen by his majesty and the parliament or allowed by his majesty and them shall be provided for life or for the offence, and they all shall be liable to the censure of the king's majesty and parliament.

Since by your answer to my doubts pretended on Monday, you manifestly show to everyone (as well as believed by me) that with your knowledge you will never derogate anything from my just power, and that the chief ground of your demand is upon the just sense you have of my necessary absence from this country, which otherwise but for the supplying of that want you would forbear to press, therefore not to delay more time, my answer briefly is that I accept this paper [...]2

16 September 1641

Read, voted and passed in parliament. To the post script which is written with the new hand and this part thereof only to be recorded, but the first part only to be printed.

[John Elphinstone, lord] Balmerino, in presence of the lords of parliament

  1. NAS, PA6/4, 'September 16 1641'.
  2. Bottom of page has been torn off.