[M1705/6/10]¹

[Controverted election considered; member admitted]

Prayers said, rolls called.

Minutes of the last sederunt read.

Moved that this day being appointed for discussing the controverted election of the stewartry of Kirkcudbright between [Alexander MacKie of] Palgowan and [Patrick Murdoch of] Cumloden, the parliament would now proceed to the consideration thereof; and the same being called and parties' procurators allowed to be heard, it was objected by the procurators for Palgowan that the protestations taken by Cumloden against Palgowan's electors at the time of the election were not legal, in regard these protestations bear not that there were instruments taken thereupon in the terms of the act of parliament of 1681 made anent election of commissioners to the parliament; and, after reasoning thereupon, it was put to the vote sustain the objection made against the protestations taken by Cumloden or not, and carried sustain the objection.

Thereafter Cumloden withdrew his commission, whereupon Palgowan was allowed to have his vote in parliament.