The manuscripts of His Grace the Duke of ... - Electric Scotland

112
Head Fifth. Miscellaneous Papers specially connected with the first
session of the Scottish parliament of 1685, to which William, Duke
of Queensberry was Commissioner.
49. Contemporary M.S. " Coppie Minuts of Parliament holden at
Edinburgh, 23 Aprile 1685.'* This " coppie " appears to be substantially
the same as in the printed Acts of Parliament Vol. VIII. as edited
by the late Mr. Thomas Thomson, Deputy Clerk Register.
Bound up with these copy Minutes is a record of the proceedings
24 April 1685 "At the Artikles." These separate Minutes extend
from the 24 April to the 16 of June 1685, and contain Notes of the
Debates in the course of the preparation of the Acts by tha lords of the
Articles.
The lords of the Articles were like the lords of the Secret Committee
of the Privy Council, a very important governing body of selected
members something like cabinet councils of the present day. Their
proceedings materially moulded all the business brought into parliament.
As this parliament of 1685 was a historical one, and was in the
main guided by the two eminent lawyers, Sir George Mackenzie, then
created Viscount Tarbat and Sir George Mackenzie, Lord Advocate,
and Sir George Lockhart, the eminent Lord President of the Court of
Session, and other able lawyers, the record of their proceedings in
reference to the prosecutions of the Earl of A.rgyll and others who had
joined in the rebellion of that year appear to be of sufficient interest to
introduce them into this Report.
24 Aprile 1685. At the Articles.
The draught of ane Act, ratifying former Acts in favours of the church
and the Protestant religion, being prepared and read was voted and
approven to be offered to the parliament.
A former Act of parliament for setliog orders in the parliament
house being read, it was thought fitt that the clerks of Privy Councill,
the clerk of the Justice Court and the sheriff deputs of the shire of
Edinburgh be added to these allowed be that Act to stay in the parliament
house ; »nd appointed that the records of parliament be searched
for any other Acts to that purpose against the next meeting of the
Articles.
Warrand given to his Majesteis advocat to raise processes of forfaulture
before the parliament against the Lairds of Cessnock, elder and
younger, Sir William Scott, younger of Hardin, the Laird of Park Hay
and the Laird of Arkinlas, and that the Lord Register and his deputs
give out the summonds against these persones.
It is thought fitt that it be intimat at the next meeting of parliament,
that any persones who are pursued for treason before the parliament
shall be allowed to raise summonds of exculpation, when they shall
desire the same, and warrand given to the Lord Register and his deputs
clerks of session, to give out under their hands these summonds of
exculpation, where the same shall be allowed by the parliament or Lords
of the Articles.
In regard there are occasions, which require the meeting of the Lords
of the Justiciairie, it is thought fitt to be offered to the parliament at
their next meeting, that dispensation may be granted to them, for them
to meet and proceed in processes depending before them, notwithstanding
of the sitting of parliament ; and likewayes that the Lords of
Exchequer may be authorised to meete, and that it be declared that any