[A1641/8/47]¹

[Overtures regarding the nomination of officers of state, council and session]

Anent the choysing of officeris of estate, lordis of counsall and sessioun

1. For the present, it is fitting that choyse be maid of such officeris of estate whose places vaik as may give best contentment to the parliament.

2. Electioun wald lykwayes be maid in the same maner of counsallouris and sessioneris.

3. And that the counsall may be established, ane new commissioune wald be grauntit be the king with advyse of the parliament to ane definit number of counsallouris not exceiding the number of threttie perounes besydes the officeris of estate, whose commissioun wald indur till the nixt parliament allanerlie. 2. Thair commissioun wald only be for matteris concerning the peace and governement of the countrey and advyse to his majestie, and not to medle with pettie actiounes betuix pairties which may be more easilie determined be shirreffis justices of peace.

4. A new electioun wald be made of the lords of sessioun and none placed in that charge bot able and qualified perounes, and their commissiounes wald be ad vitam vel culpam.

5. The officeris of estate (asweill these already in place as these quho shall be now and heirefter maid choyse of) and the lordis of counsall and sessioune must be lyable to the tryell and censure of the king and parliament for dischargeing of thair dewtes in thair severall offices and places. And for that effect, at every parliament they must be callit to ane accompt for thair preceiding carriage and accordinglie censured or acquit.

6. At evrie parliament the commissioun to the counsallouris wald be renewed ather by ane new electioun or continowing the former.