Procedure

Prayers said. The rolls called.

Procedure: minutes read; act debated and protests regarding

The minutes of the last sederunt read.

The consideration of the act for security being resumed, a clause was offered in writing that no English man or foreigner having a Scots title and not having an estate of £12,000 yearly rent within this kingdom shall, in the event foresaid, have place and vote in the meeting of estates, and, after reasoning thereon, the vote was stated, add the clause or not; but before asking the vote:

Protestation of [John Murray], marquis of Atholl

The marquis of Atholl, lord privy seal, protested in behalf of himself, and all other Protestant peers who shall adhere to his protestation, that the excluding of the English who are Scots peers from sitting and voting at the meeting of estates after her majesty's decease shall not be a preparative or be in any way prejudicial to the undoubted right of all Scots Protestant peers their sitting and voting in all parliaments and conventions in time coming, and accordingly the earls [John Hay, earl of] Erroll, [William Keith, earl] Marischal, [John Erskine, earl of] Mar, [James Douglas, earl of] Morton and Sir David Cunningham, in name of [John Cunningham] earl of Glencairn, absent, the earls [Charles Home, earl] of Home, [John Lyon, earl of] Strathmore, [Alexander Erskine, earl of] Kellie, [John Maitland, earl of] Lauderdale, [George Gordon, earl of] Aberdeen, [Charles Murray, earl of] Dunmore and [John Hamilton, earl of] Ruglen, [George MacKenzie, viscount of Tarbat], lord secretary of state, and [David Murray], viscount of Stormont adhered to the protestation.

Protestation of [William Johnston], marquis of Annandale, [Archibald Campbell], duke of Argyll and [Alexander Bruce], earl of Kincardine

And thereafter the marquis of Annandale, lord president of the council, the duke of Argyll and the earl of Kincardine protested that the vote might not be prejudicial to the privileges of the peers of Scotland, whether they be Scots men or English or to their peerage in any sort. Then the vote was asked, and carried in the affirmative.

Moved that an oath be inserted in the act to be taken by the members of the meeting of estates, and accordingly the form of an oath was presented in writing to maintain the true reformed religion and the Claim of Right, which being read and considered, after debate the vote was stated, proceed or delay, and carried proceed and then, after some further debate, it was agreed that nothing should be moved concerning an oath to be inserted in this act until all the other clauses of the act are adjusted.

Procedure: adjournment

The lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.

  1. NAS. PA2/38, f.104v-105.