[A1641/8/19]¹

[Address to the king regarding the nomination of officers of state, council and session]

Concerning the counsall and sessioun of Scotland

Since the manie and weightie effaires of the kingdome of Ingland will tak up the greatter part of his majesties tyme that he cannot mak so long abode in Scotland as we do heartilie wish and desyre, we ar the more confident that his majestie, from his naturall love and royall cair of that his auncient and native kingdome, will in his wisdome think upon such wayes of governament as may be with least trouble to his majestie and with greatest peace and comfort to his subjects. And since his majestie hath bene graciouslie pleased to declair that all matteris civill shall thair be determined by parliament and other inferior judicatories established by law, we do humblie remonstrat and desyre that his majestie may be pleased to mak choyse of his counsallouris and officeris of estate by the advyse of the estates convenit in parliament. And if anie office of estate shall happin to vaik and must be provydit in the intervall of tyme betuix the sittings of the parliament, that it may be done by his majestie, with advyse of the secreit counsall. And that both counsallouris and statesmen be lyable for the dischargeing of thair deuties to his majesties and the parliamentis tryell and censure that so far as is possible all wages of ambitioun and corruptioun may be stopped. It is in lykmaner oure humble desyre that the senatouris of the colledge of justice quho minister justice to all the subjectis may be chosen be his majestie with advyse of the parliament, and becaus these places cannot vaik long without prejudice to the leidges, that the places quhich shall happen to be vaikand betuix parliamentis may be provyded be his majestie with advyse of the wholl hooss. And least thay be removed quhen now thay have acquyred by experience the best abilities for acquitting them selffiis in thair places, quich require skilled men in the lawis and practik of the countrey, that thay be provydit ad vitam or ad culpum. We doe not delight to fill agane his majesties cares with the repetitioun and resentment of oure pressing, bot now by past evillis, which in a great pairt have issued from the corruptioun of the fontane of counsall and justice, bot doe only represent that as this is agreeable to the ordour and practise observed by his majesties progenitouris before the comeing of King James into Ingland, and that in the disposeing of these places quich so highlie concerns the wholl kingdoms, his majestie in his absence may have more sound and unpartiall advyse from the wholl bodie conveinit in parliament then from ane or more particular memberis.