Procedure: debate and approval of procedure for electing peers and shire and burgh members

Thereafter, it was moved that at all meetings of the peers for electing of their representatives, such peers as are absent be allowed to have votes in the said election by proxies, the said proxies being peers, and they and their constituents being qualified at the time by taking the oaths required by law, and that the said absent peers may either vote by their proxies or by sending up lists subscribed by them. And, after reasoning thereon, the vote was put, allow proxies in the above terms, yes or no, and it carried allow. Agreed that the meeting of the peers for the said elections shall be at any place her majesty shall appoint within the limits of Scotland.

Agreed also that in case of the decease or legal incapacity of any of the forty-five commoners to be chosen out of this session of parliament to the parliament of Great Britain, the shire or stewartry or district of burghs, for which he is a member, shall choose another in his place.

Agreed likewise that, in case of the decease or legal incapacity of any of the sixteen peers, the peers shall meet and elect another in place of the deceased.

Moved that such peers of Scotland who are likewise peers of England, or who, after the union, shall be created peers of Great Britain, have no vote in the election of the sixteen peers from Scotland to the parliament of Great Britain.

And, after debate thereon, it was put to the vote, whether any clause in relation to the said motion shall be inserted in the above act settling the manner of election etc., yes or no, and it carried no.

Thereafter, it was agreed that when the votes of the commissioners for burghs, who shall meet for electing their representative, are equal the president of the meeting shall have a casting or decisive vote besides his vote as a commissioner representing the burgh from whom he is sent, and that the commissioner for the eldest burgh shall preside at the first meeting, and the commissioner for the other burghs by turns as the burghs are now called in the rolls of parliament.

Procedure: adjournment

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

  1. NAS. PA6/36, f.69/245-245v (note parallel folio system).