Ultima dies huius sessionis
[1640/6/63]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciall authoritie, haveing this day caused publicklie reed in ther audience the act and decreet of foirfaultour againes Patrike, lord Ettrike and remanent commanderis wnder him within the castle of Edinburghe for not rendering of the samene castle to the saidis estates, conforme to the sommondis, warrand and chairge givine be them to him for that effect, the saidis estates, after the executour of the sommondis and witness had compeired judicially in the face of parliament, and wpoun there great oathes, declairit the same ware trulie done as they ware set doune. The saidis estates, after voyceing, did unanimouslie aggree to the said decreet, and ordenit the samen to have the force and strenth of ane act and decreet of foirfaultour of parliament, which Johne Whyte, dempster, pronounced for doome but appoynted the Lord Burghlie, president of the parliament, to keepe the samene wnbooked for ane certain space to sie if obedience was givine that the decreet might be deleit; quhilk decreet was accordinglie takine wp be the Lord Burghlie.
Falloues the tennor of the decreet of forfaultour:
In the parliament haldene at Edinburghe, the ellevinth day of Junii 1640 yeires, anent the sommondis, precept and chairge of treasone raised and execut at the instance of Robert, lord Burghlie, president of the heighe court of parliament presentlie conveened by his majesties speciall authoritie, aganis Patrike, lord Ettrike, keeper of the castle of Edinburghe, and the remanent commanders haveing chairge wnder him within the said castle, makeand mentione that the estates of this present parliament, considering that forsamekle as albeit by the law of nationes the fortis and strenthis of ane frie kingdome are appoynted for the defence therof againest enymies and strangeris, and that by the lawes, constitutiones and customes of this kingdome the castellis of Edinburghe and Dumbartane as the keyes of this realme have evir beene usit and destinat for the preservatione therof, and intrustit by the kingis and estates of parliament onlie to the best affected natives of the same; and that by the lawes both of nationes and municipall, all forrane garisones are prohibited to be imput in any strenthes or fortes for hurting, destroying, suppressing and keeping wnder the natives of any frie kingdome leist these strenthes destinat for preservatione of ther lyfes and liberties should be perverted to ther ruine and become instrumentis of slaverie and subjectione. Nevertheles, Patrike, lord Ettrike, keeper of the said castle of Edinburghe, and certane wther persones haveing chairge wnder him within the said castle, hes ressavit, admittit and interteent a garisone of strangers within the same and hes usit all maner of hostilitie aganes the city of Edinburghe and his majesties good leiges goeing one the commoun highe wayes adjacent therto be continowell shooting musketis and great ordinance out of the said castle, wherby they have killed diverse persones, both men, weomen and childrine, walking and conversing therin for ther lauchfull effaires in sober and quyet maner, and ruined, demolished and spoyled diverse houss and tenementis within the said citie, as is notourlie knowne, seene and wnderstood by the estates of parliament. The which actis and deidis and everie one of them the saidis estates have fund and declaired to be treasounable in themselves, and the said Patrike, lord Ettrike and otheris commanderis, in doeing therof, to have deserved the paines of treasone against this kingdome, and therfor ordeanit preceptis to be directed by the president of the parliament to the lyoun and his brethrine, commanding them† in name of the saidis estates and of the said president, the said Patrike, lord Ettrike, keiper of the castle of Edinburghe, and remanent commanderis foirsaidis, that immediatlie within tuentio four houres eftir they be chairgeit to render and wpgive to the said Robert, lord Burghlie, in name of the estates, the foirsaid castle and all that is withine the samene, to be disposit upoun be the estates for the saiftie of the kingdome, or ellis to compeir personallie befor the estates of parliament within the space abonewrittin; with certificatione and they failyie, the estates will proceed againes them as tratoures to the forfaulting of there lyves, estates and landis. And anent the chairge givine to the said Patrike, lord Ettrike, keepar of the castle of Edinburghe, and to the remanent commanderis haveing chairge wnder him within the samene for randering, overgiveing and delyvering to the said president in name of the saidis estates of parliament as appoynted by them the said castle of Edinburghe and all that is within the samene, to be usit by the estates as they think most fit and expedient for the good of his majestie and weell and saiftie of this kingdome, within tuentie four houres nixt eftir the said chairge or ellis to have compeired personallie within the samene space befor the saidis estates and shewe ane reassonable cause why the samene should not be done, with certificatione that incaise of ther disobedience and delaying to obey the said chairge within the space foirsaid, that as they and everie one of theme had incurrit and deserved the paines and punishment of treason, so the saidis estates would instantlie proceed againes them and everie one of theme as tratoures and guiltie of heighe treason against this state and kingdome, to the foirfaulting of ther lyves, states and landis, onlie to be disposed upoun be the advyse and consent of the estates of parliament, and using of them otherwayes as open and manifest tratoures and enemyes to this state and kingdome, as at maire lenth is conteenit in the sommondis of treasone and in the executione of the chairge usit therupon againes the said Patrike, lord Ettrike and remanent commanderis haveing chairge wnder him within the said castle. Quhilke sommondis of treasone, with the executiones therof, being publicklie red in open and plaine parliamment, and the said Patrike, lord Ettrike and remanent comynanderis wnder him within the said castle being lauchfully sommoned and chairged in maner and to the effect foirsaid, ware often tymes publicklie callit in open and plaine parliament as said is, and compeirit not, quherwpoun the estates, haveing tane to there consideratione the groundis and reassones of the said sommondis of treasone, with the said Patrike, lord Ettrike and remanent commanderis wnder him, there disobedience and contempt of the foirsaid chairge usit and execut against them as said is, and of the certificatioun abowewrittin therincontenit, the saidis estates of parliament, conveend by his majesties authoritie, findis that the reassones abovementionat wherwpoun the sommondis is foundit are relevant and sufficient groundis to inferre declaratoure of treasone and forfaultour againes the contraveeneris and sua findis and declaires that the said Patrike, lord Ettrike and remanent commanderis haveing chairge wnder him within the said castle and everie one of them hes incurrit and deserveit the paines and punishment of treasone, and therfor findis and declaires them and every one of them to be tratouris and guiltie of heighe treasoun againes the state and kingdome to the foirfaulting of ther lyves, states and landis to be disposed upon be the kingis majestie, be the advyse and consent of the saidis estates of parliament, and wtherwayes to be usit as opene and manifest tratours and enymies to this state and kingdome as said is. Becaus the foirsaidis sommondis being fund relevant be the saidis estates and warrand being givine therby to the lyone king at armes and his brethrine herauldis and pursevantis to pas to the wallis of the said castle of Edinburghe or mercat croce thairof, haveing ther full coatis of armes openlie displayed, and in name of the saidis estates to peremptorlie command, warne and chairge by sound of trumpet and publicke reiding of the saidis sommondis the said Patrike, lord Ettrike and remanent commanderis wnder him to render, upgive and delyver the said castle withall that is within the samen to the said Robert, lord Burghlie, in name of the saidis estates, within tuentie four houres nixt eftir the said chairge or ells to have compeired personally within the samene space befor the saidis estates and shewe ane reassonable cause why the samene should not be done, with certification before rehearsit; and according to the foirsaid sommondis and warrand Johne Malcolme, Ross herauld, and Johne Sawer, Carrike pursevant, with ther full coatis of armes oppenlie displayed, in name of the saidis estates, being approching toward the said castle of Edinburghe wpoun the fyfte day of Junii instant, they ware debarrit fra haveing acces therto be the said Patrike, lord Ettrike and remanent commanderis wnder him within the samene, wherwpon they past immediatlie thereftir upoun the said day to the mercat croce of Edinburghe and there, haveing ther full coatis of armes displayed and in name of the saidis estates, they peremtorlie commandit, wairnit and chairgeit by sound of trumpet and publicke reiding of the foirsaid sommondis of treasone the said Patrike, lord Ettrike, keiper of the foirsaid castle of Edinburghe, and remanent commanderis wnder him within the samene to have rendrit, upgivine and delyverit the foirsaid castell withall that is within the samene or ellis to have compeired personally before the estates of parliament and shewe ane reassonable cause in the contrair in maner, to the effect and with certificatione befor rehearsit, as the said sommondis of treasone and executione therof beires; quhilke executioun was also intimat to David Scrymgeour, constable, in name of the said Lord Ettrike at the castle yet (because the said lord refuised himselfe) and ane copie therof offered to him be Majore Cunynghame, as was verified and notourlie knowne to the parliament. And the said Patrike, lord Ettrike and remanent commanderis haveing chairge wnder him within the said castle of Edinburghe, being so laufullie chairgeit in maner as is before declaired, and being this day often tymes callit in open and plaine parliament, they nor none of them did compeir, nether to give obedience to the foirsaid chairge nor to shewe any reassonable cause wherfor they should not give obedience therto, but failyiet thairintill as was cleerlie wnderstand to the saidis estates of parliament. In respect wherof, and of the reassones and groundis wherupon the said sommondis is raisit, quhilk the estates findis relevant as said is, and also findis the samene sufficientlie instructed and provine, the saidis estatis of parliament fand that the said Patrike, lord Ettrike and remanent commanderis having chairge wnder him withine the said castle of Edinburghe had incurred the paines and punishment of treasone and declaired them to be tratouris in maner befor rehearsit.
[1640/6/64]*[print] [email] [cite] [preceding] [following]
In the parliament holdine at Edinburghe and that sessione therof concludit the ellevinth of Junii 1640 yeires, anent the supplicatione givine in to the estates of parliamente now conveened be Robert Adair of Kinhilt, quherof the tennour fallowes: The humble petitione of Robert Adair of Kinhilt, that wher your supplicant in the begining of this present parliament did represent to his majesties commissioner and your honouris his great suffering in the kingdome of Ireland upon occasione of his constancie in the Nationall Covenant and the necessarie services and employmentis wndertane be him for advancement of the commoun cause, for the whiche your said supplicant is indytit wpon record and fund guiltie of heighe treason, and his esteate extending to fyve hundreth and fiftie pund sterling is now in his majesties handis and at the deputies disposing, as also hee is debarrit from his moveables and sowmes; all which being by your honnouris remitted to the commissioner his diligence with the kingis majestie for redresse, wherof ther be now litle hope, that way your supplicant is forcit of new to implore your honnouris authoritie and assistance, and humblie to desyre your honnoris seriouslie to thinke wpoun the most commodious and convenient way for your supplicantes present releeffe and for the good of his estate thereftir, leist it tend to the wter ruine of him and his house, which hes continowed these 300 yeires most loyall to the croune and cuntrie, or otherwayes, if tyme cannot permitt, to referre your petitioneris cause to some of your nomber to set doune suche overtouris and remeedis for his good and releeffe as shall be most expedient. Quhilke supplication being red and considerit be the saidis estates, they have recommendit and heirby recommendis the same, with the supplicantes desyre foirsaid, to the committie of estates who are appoynted be ane act of this present parliament to reseid at Edinburghe, to be considerit bee the said committie and thought upon be them for giveing ansuer to the foirsaid petitione according as they shall find most expedient and convenient eftir consideratioune had be them therof; for doeing wherof, the saidis estates gives heirby pouer and warrand to the said committie.
[1640/6/65]*[print] [email] [cite] [preceding] [following]
The estates of parliament conveened as said is, haveing takine to there consideratione the desyre of the supplicatione of Sir Johne Hammiltoune of Ridhous, craving warrand to the committie of estates appoynted to reseid at Edinburgh to take the oathe of veritie of Sir James McGill of Cranstounriddell upoun the cleame to be givine in againes him be the said Sir Johne, having no other probatione and may be defraudit therof be death, the saidis estates remittis the foirsaid cleame of the said Sir Johne Hammiltoune againes the said Sir James McGill for the soumes therinconteined and the taking of the said Sir James, his aith therwpon, to the foirsaid committie of estates appoynted to reseid at Edinburghe, and grants full power and warrand to the said committie to the effect abovewrittin, and to determine and give decreet in the said mater according as they, after receiveing and advyseing of the said aith, shall find just and equitable, conforme to the cleame to be givine in as said is and aith to be taine thairwpoun.
[1640/6/66]*[print] [email] [cite] [preceding] [following]
The estatis of parliament conveened as said is appoynts the Lord Lindesay, baillie of the regalitie of Sanct Androis, to supplie everie thing both anent the seale and name of directione of cockequetis quhilke was done be the Archbeshope of Sanct Androwes, his seale or in his name, ay and whill some course be takine with the jurisdictione and rentes of the beshoprick.
[1640/6/67]*[print] [email] [cite] [preceding] [following]
The petitione and cleame givine in to the committie reseiding at Edinburghe, consisting of noblemen and of the commissionaris of shyres and burrowes, be Maister William Cunynghame of Brounehill againes George Buchanane, feare of that ilke, desyreing the committie to provyd such remeid and take sicke course with the said Laird of Buchanane for the wrongis and violences done to the supplicant as they should thinke expedient, as the supplicatione proportis. Quhilke supplicatione being thereftir givine to the saidis commissioneris, 28 Apryle 1640 yeires, it was then thought fit be that committie that the Laird of Buchaneane should compeir befor them the morne thereftir, lykeas the mater and pairties, being wpoun the 14 day of Maii last by past both personallie present befor the committie and desyred to submit, they could not gree upoun the termes of the submissione, quherwpon the committie then assignit to the supplicant the second of June to prove his lybell and to be determined by the parliament, to whom the committie referred the same. And the samene being now this day presented and givine in to the estates of parliament, now conveened be his majesties speciall authority, and being tane be them to there consideratione, the saidis estates of parliament remittis the foirsaid mater to the committie of estates appoynted to reseid at Edinburghe by commissione and act of this present sessione of parliament, to be considerit, tryit, desydit and determined be them accordinge as they, eftir consideratione and tryell of the mater, shall find agrieable to equitie and justice. For doeing wherof, the saidis estates gives power and commission to the said committie and to take all such tryell and use all such meanes for cleiring of the bussines and there informatione theranent as they shall thinke fitt and expedient, and as may best serve for decyding the mater and giveing furth decreet and sentance thereintill.
[1640/6/68]*[print] [email] [cite] [preceding] [following]
Anent the supplicatione givine in to the estates of parliament, now conveened by his majesties speciall authoritie, be Robert Scot of Dryhope aganes Johne, erle of Traquair, makeand mentioune of the wrongis and prejudices done be the earle to the supplicant mentionat and set doune in the said suplicatione, and therefor desyring the estates to take the samene to ther consideratione and take sicke order theranent as they shall thinke expedient, that the supplicant may be repossest to his landis conteanit in the said supplicatione and to the wptaking of the dueties therof, as the said supplicatione in the selfe proportis. Quhilke supplicatione being hard in audience of the saidis estates and the desyre therof considerit be them, the saidis estates of parliament remittis and recommendis the supplicatione abovmentionat and desyre therof to the committie of estatis appoynted to receid at Edinburghe by ane commissioune and act of this present parliament, to be considerit be the said committie, with pouer to them to doe therintill as after consideratoun and tryell takine anent the premiss they shall find expedient, lauchfullie and equitable.
[1640/6/69]*[print] [email] [cite] [preceding] [following]
In the parliament haldine at Edinburghe and that sessione therof concludit ellevinth June 1640 yeires, compeired personallie in open and plaine parliament James Dauling, merchand burges of the burgh of Queinesferrie and commissioner chosine be the said burghe to this present parliament, and, as commissioner for the samene burghe, gave and produceit the instrumentis and protestatione wnderwrittin, quherof the tennour fallowes: I, James Dawling, merchand and burges of the burghe of Queinisferrie and commissioner chosene be the said burghe to this present parliament, for my selfe as commissioner and in name and behalfe of the proveist, baillies, counsell and communtie of the said burghe takis instrumentis in the handis of the clerke of this present parliament that at the intrie of this parliament I producit my commissione for the Queinesferrie, which was then ressaveit, markit and admittit be the clerkis of parliament and yit lyes in ther handis with the recordis therof, and that conforme therto I, as commissioner forsaid, hes riddine, sittine and voyced in this parliament as the rest of the commissioneris of burrowes have done, and that conforme to our infeftment of erectione of the said burghe in ane frie burghe royall, after long contentious disput theragainest the burrowes compeiring and opposing befor the lordis of exchekker, and protestis in name foirsaid that the samene rydding, sitting and voyceing foirsaid may bee ane legall possessione of the liberties of our said burgh, conform to our infeftment. And efter productione therof desyred that the samene might be publicklie red for the said burghe of Queinisferrie and in name and behalfe of the proveistis, baillies, counsall and commontie therof, quhilke according to the foirsaid desyre was publicklie red in open and plaine parliament and in audience therof, quherupoun James Dauling, as commissioner for the said burghe and in name and behalfe of the proveist, baillies, counsall and communtie therof, askit instrumentis. Lykeas James Glen, merchand burgese of Linlithgow, commissioner chosine to this present parliament for the said burghe of Linlithgowe, protestit in the contrair of the inftrumentis and protestatione abovementionat mad and tane for the Quenisferrie, and that the commissioner for the Queinesferrie had nather riddine, sittine nor voyced in parliament for the Queinesferrie; and thairwpon the said James Glen, commissioner for the burghe of Linlithgow, in name of the said burgh and haill burrowes, askit instrumentis and protestit in the contrair of the foirsaid protestation mad for the Queinesferrie.
[1640/6/70]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciall authoritie, considering the lamentable conditione of a great nomber of congregations lying destitut of ministeris since the assembly at Edinburghe and before by the negligence of patrones and otheris haveing intrest, to the great prejudice of the Gospell, therfor doe requyre the presbetries, with consent of the parochineris, withall diligence to plant these vacant kirkis which by the overseight of any patrones whatsoevir have lyen sex monethis wnprovydit, and ordeane the lordis of sessioune to give forth sentances and lettiris in the ordinar forme for payment of the former stipendis of these kirkis to such as the presbetries shall admitte or have allreddie admitted to the office and cuire of the ministrie in these kirkis, with consent of the parochines as saidis, while the samen former stipendis of these kirkis be changed by the lawes of the cuntrie. And it is allwayes declaired that this admissione standing good for the present intrantis there tyme is and shalbe without prejudice to the right of patronage belonging to his majestie or to ony wther kirke patrone whatsoevir, whensoevir ther kirkes shall fall to vaike.
[1640/6/71]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciall authoritie, considering how farr the dignitie, hounour and authoritie of the heighe and supreme court of parliament, which is the great counsell of this kingdome, heath beene and is licklie to be yit farther diminished and weakined by tuo reasones: one is the giveing of pouer of voycing and reassoneing to proxies and procuratouris in absence of such as are als much tyed to give ther personall judgment as there personall presence, and heath all these honnouris, ryding, sitting, reassoneing and voyceing in parliament onlie confeerred one them and there successouris personally, so that it is alse absurd that they should give power to any to reasone or voyce for them as to give any pouer to ryd and to sit in ther place of honnoure and dignitie, and it might tend to the weakineing and wtter overthrow of parliamentis; the other is the granting to strangeris, haveing tytles of honnour conferred one them, without any other intrest in this kingdome, pouer of sitting, ryding, reasoneing, consulting and voyceing in this court of parliament, whereas none should be memberis of this court but such as have interest by birth, blood or inheritance within this kingdome and so may be sensible of the prejudice or advantage falloweing the lawes and constitutiones therof. Thairfor the saidis estates statutes and ordeanes that heereftir all noblemen, viz: duikis, marqueisse, earles, vicontis and lords, shall give ther personall presence in all parliamentis and so, being personallie present, reason and advyse and voyce, and no wayes by proxies or procuratouris, but dischairgeth any such procuratour and commissionis in all tyme comeing; and that no persones shall heireftir have place or voyce in parliament as said is but such noblemen before specified and commissioneris frome shyres and burrowes as have intrest either by birth, blood or by inheritance within this kingdome and that proportionall to the honnour and dignitie they carie, which in the least proportione for everie nobleman most be ten thousand merkis by yeir of land rent, and that notwithstanding any gifts or patentis granted or to be granted to any persone whatsoevir. Suchlyke the estates foirsaidis cass and annullis all actis and constitutionis anywayes derogatorie to this present act.
[1640/6/72]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciell authoritie, cass, annullis and reschindis that article of the first act of the fyfte parliament holdine by King James the Fyfte of woorthie memorie, anent the institutione of the colledge of justice, beiring that the lordis of counsell and sessione shall be chosine halfe spirituell, halfe temporall, and decernes and ordeanes the whole nomber to be temporall and none of theme spirituall, and the foirsaid distinctione of spirituall and temporall to be supprest and forgottin in all tyme comeing.
[1640/6/73]*[print] [email] [cite] [preceding] [following]
Forsameikle as the prophanatione of the Sonday is greatly occasioned in the tyme of hervest by the great confluence of people to publicke places, as portis or streets of tounes and paroch churches of landwart everie Sonday from morneing to preaching tyme for hyreing sheireris the weeke falloueing, wherof also ther aryseth sundrie tumultis, disorderis, sueiring, drinking and oftene feighting one the sabboth day. For remeed heirof, the estatis of parliament, presentlie conveened by his majesties speciall authoritie, referris and remittis the samene to be takine order with to the justices of peace and kirke sessiones where the abuse shall be committed heireftir by the confluence of the said people and hyreing of the saidis sheireris wpoun the Sonday as said is, as the saidis justices of peace and kirke sessiones shall find the saidis abuses then to be committed to deserve.
[1640/6/74]*[print] [email] [cite] [preceding] [following]
Forsameikle as the estates of parliament, presentlie conveened by his majesties speciall authoritie, are informed and wnderstand that travelling wpoun the Sonday and prophanatione of that day is greatly occasioned by the mercatis holdine weekelie upoun the Monday in Edinburgh, Jedburghe, Drumfreis, Brichine and Glasgow, and that the leiges resorting from the cuntrie to the saidis markatis wpoun the Monday are distracted from Godis publicke worshipe one the Soneday, and are constraned to travell all the Sunday for keeping of the Monday marketis respective foirsaidis, for remeed wherof the saidis estates of parliament have dischairged and simply dischairges all merketis upon Monday to be any wayes keeped in the burghes of Jedburghe, Dumfreis and Brichin intymecomeing, and appoyntes, chairges and ordeanes the samene marketis which ware in tyme bygone keeped and holdin weeklie wpoun the Monday in the saidis burghes of Jedburghe, Dumfreis and Brichine to be heireftir keeped and holdine weeklie in Jedburghe wpon Tuysday and in Dumfreis and Brichine weeklie wpoun Weddinsday. And also the saidis estatis foirsaidis dischairges all markettis within the burghe of Glasgowe to be keeped or holdine heirefter wpoun the Monday for selling, buying or making market of horses or wther quicke bestiall meale brought to Glasgowe market wpoun Monday from burrowstounes as Stirveling, Faukirke and other remot places wher men may not come frome there owne houses in the morneing to the houre of the merkat with ther saidis commodities; item, the beere market and all craftsmene worke brought to be sold in market asweell by frie as wnfrie persones; item, all market for salt brought from the salt panes wpoun Forth; the market for salt, butter keeping, cheise and timber of all sortes which is brought wpe the river of Clyde to the toune of Glasgowe, and ordeanes and appoyntes the market for the particular goodis foirsaidis to be keeped heirefter weeklie within the burghe of Glasgowe wpon the Weddinsday. And in lykemaner the saidis estates of parliament dischairges all market to be keeped and haldine heireftir within the burghe of Edinburghe wpoun the Monday for wooll, butter, cheese, skinnes, hydis, shoone, and generallie dischairges all marketis in Edinburghe wpon Monday of all wnfree mens worke brought in to be sold in Edinburghe wpoun the Monday in any tyme heireftir, but ordeines and appoyntes the merkat to these goodis and merchandyce particularlie and generallie befor rehearsit to be keeped and holdine weeklie wpoun the Weddinsday within the said burghe of Edinburghe in tymecomeing, in the same maner and alse freilie in all respectis as the market therof heath beene keeped one the Monday in tymesbygone. And therfor ordeanes the saidis leiges to keepe and attend the said markat dayes respective befor rehearsed as the samene are now appoynted to be keiped within the burghes of Edinburgh, Glasgow, Dumfreis, Jedburghe and Brichine, and to resort and repair therto weeklie as they shall have occasione, sickelyke and in the samene maner as they ware in use to repaire to the Monday merkettis within the saidis burghes befor the dischairging therof. And also ordeanes the magistratis of the saidis burghes to sie the merketis keeped and holdine in ther saidis burghes wpoun the dayes heerby appoynted and that no markettis be keeped wpoun the Mondayes for the goodis heerby dischairged in tymecomeing. And last the saidis estates of parliament dischairges and prohibits all markettis and trystis to bee keeped heirefter wpoun Sonday throughout all this kingdome and dischairges all the leiges from all keepeing therof wpon Sonday heereftir, and ordeanes this act to stand in full force as a law whill the nixt assembly, that the inconvenientes redounding heerby to the leiges being represented to that assembly may consider therof, and as they find the same sufficient they may supplicat the nixt ensueing parliament to reschind this act in whole or in pairt as after tryell it shall be fund hurtfull to the leiges.
[1640/6/75]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presentlie conveened by his majesties speciall warrand and authoritie, considering that in absence of his majesties commissioner, they being necessitat to make choise of ane president and in the begining of this sessione of parliament haveing mad choise of Robert, lord Burghlie to be president in the samene, therfor the estates foirsaidis ratifies the said Robert, lord Burghlie, president foirsaid, his proceedingis in this sessioun of parliament.
[1640/6/76]*[print] [email] [cite] [preceding] [following]
The article mentioned to the estates for setling and provyding these wnder offices and places in commissariotis wnder the commissaris which ware formerlie provydit be the pretendit archbeshopis and beshopes who are now abolished furth of this kirke and kingdome, being considerit be the estates, they, for the interim, while some course be tane anent the jurisdictione and rentis of the beshoprikis, ordeanes these wnder offices and places to be filled and provydit be the commisseris during the foirsaid interim, as the samene shall happine to vaike, that these judicatories be not hinderit in the administratione of justice to the leiges be the occasione foirsaid.
[1640/6/77]*[print] [email] [cite] [preceding] [following]
The whilke day compeered personallie in presence of the estates of parliament Williame Dicke, proveist of Edinburghe, and produceit the paper and protestatione, quhairof the tennour falloues: My lord proveist takis instrumentis upoun the reiding, voyceing and alloweing of the act of parliament anent the freithing of ammunitione fra payment of custome, and that the samene is expreslie extendit to all ammunitioun brought in since the yeir of God 1637; and in respect he hes payit to my lord thesaurer the haill take duetie of the customes for the yeires of God 1638 and jM vjC threttie nyne, therfor hee protestis that hee may have restitutione of so much of the first and reddiest of his majesties rentis and customes payable be him and the collectouris therof to my lord thesaurer as will extend to the restis of the customes of ammunition brought in the saidis tuo yeires and wherof the protester hes not gottine payment from the merchandis and otheris imbringeres of ammunitioun the saidis tuo yeires bygane. Quhilke paper, conteyneing the instrument and protestatione abonewrittin, produced in maner foirsaid, wes publictlie red, voyced and admitted in parliament be the estates foirsaides.
[1640/6/78]*[print] [email] [cite] [preceding] [following]
Parliamentum dicti excellentissimi principis Caroli Dei gratia Scotia, Anglia, Franciae et Hiberniae Regis fideique defensoris, haldine at Edinburghe, the ellevinth day of Junii 1640 yeires, be the foirsaidis estates of parliament, conveened by his majesties speciall indictione and authoritie, wnacum officiariis parliamenti, viz: the Earle of Kinghorne for the constable, the Erle of Rothes for the Mershell and Johne Whyte, dempster, present.
Sectis vocatis et curia legittime affirmata ut supra.
[1640/6/79]*[print] [email] [cite] [preceding] [following]
The quhilk day the foirsaidis estates of parliament, viz: the nobilitie, the commissioneris for the barrones and the commissionaris for the burrowes, being present as they are inrolled, called and disignit and standis markit the second day of Junii instant, which was the first day of this sessione of parliament, where they ordinarly sett sence that tyme foirsaid of ther conveeneing in this sessioun of parliament to the wtter great parliament house, and being conveened and set there with there president in state and order in open and plaine parliament, the presedent and estates of parliament sua conveened caused publicklie reid in open parliament, in presence of the estates, the haill actis, both generall and particulare, respective foirsaidis, and publicklie voyted the samene actes and everie one of them severally. Quhilkis actis sua red and voitted, the saidis estates did unanimouslie approve, past the samene, aggried therwnto and to everie one of them and ordeanit the samone to stand and have the force of lawes and actis of parliament respective, conform to the tennour therof beformentionat in tyme comeing, and to beir dait this ellevinth of Junii 1640 yeires instant.
[1640/6/80]*[print] [email] [cite] [preceding] [following]
Thairefter the saidis estates of parliament, presentlie conveened by his majesties speciall authoritie, continowis this present parliament and all materis and actionis belonging therto whill the nyntene day of November nixttocome, at the whilke day ordeanes the whole estates to be present and to attend at Edinburgh, or wher it shall happine the samene to bee appoynted to be haldine for the tyme, and in the meane tyme declaires the parliament to bee current to the day foirsaid; and ordeanes the whole actis and statutes concludit in this present sessione of the said parliament to stand and have the force of lawes, sicklyke as any actis and statutes of any preceeding parliamentis in ony tyme bygone; and ordeanes the samene to be published and prented notwithstanding of the continowatione therof to the day foirsaid.
Quhilkis haill actis, with the closer and declaratione of the estates of parliament eftir specified, ware all subscryved after the reiding and voyceing therof be Robert, lord Burglie, preses of the parliament, in presence of the estates of parliament.
[1640/6/81]*[print] [email] [cite] [preceding] [following]
The saidis estats of parliament made this declaratione eftirspecified, which was red, voitted, past and subscryveit be the president in open and plaine parliament befor the rysing therof viz:
The humble and continoued desyris of your majesties subjectis conveened in parliament by your majesties authoritie, these are the actis of this parliament called at first and conveened againe the second tyme by your majesties authoritie, not in a commoun way of calling of parliamentis but by your majesties speciall and solemne promeis in your majesties royall declaratione at the tyme of pacificatione groundit therwpoun, which we now in all humilitie present wnto your majesties veiue and princlie consideratione as conteining no new thing different from our first and continowed desyris and serveing for the preservatione of oure religioune and lawes and for setling the peace of this kirke and kingdome wnder your majesties governement. As it was never our mynd to deny wnto your majestie, our native king and dread soveraigne, any pairt of temporall and civill obedience, soe doe we now, all of ws with one heart and voyce, testifie to your majestie befor the world, against the open raillingis and secreet suggestiones of our enemyes, that we accompt no earthlie thing so desyreable as to have the happines of enjoying this peace wnder the long and prosperous rigne of your majestie and your royall successouris in whom wee heave so great and kyndlie intrest, and therfor, as it heath beene our caire and diligence to keepe our selfis within the boundis of moderatione (as if your majesties throne standing befor our eyes had beene filled and we honnored with your majesties personall presence), enacting nothing bot the ratificatioun of the constitutions of the late assembly approvine by your majesties commissioner and suche other thingis as doe conduce for your majesties honnour and the good and peace of the kingdome, and makeing no kynd of alteratione but suche as ather by wnavoydable necessitie and by strenth of the mater itselfe was origined and deryved from the actis of the assemblie and without which they could not be ratified according to your majesties declaratione or according to the lawes war most necessar for the preservatione of our religione and liberties in tyme comeing, so it is now our humble petitione and confident expectatione that your majestie will judge equallie of the proceedingis of your loyall and weell meaneing subjectis, and will accompt of these actis as your majesties owne lawes since they have beene presented with there particular reasones to your majesties examinatione by our commissionaris and nothing remonstrated to ws againes the equitie and necessitie of them, and since they are concludit in parliament eftir once prorogatione conveened by your majestie, for this effect wee had beene inexcusable and could nather have ansuerit to God Almightie nor to your majestie, his vicegerent, for our good if wee had not in the extreme exigence of this kirke and kingdome made use of the libertie which by his divyne providence and your majesties authoritie and permissione was put in our handis. When your majestie shalbe graciouslie pleased to command these actis to be published in your owne name as our soverane lord, with the estates of parliament conveened by your majesties authoritie, when the Lord Loudoun, one of our commissioners sent from the parliament wpoun your majesties warrand, shalbe returned in saiftie, the castle of Edinburghe and wther strenthis of the kingdome shall, with the advyse of the estates, according to ther first fundatione, be furnished and used for our defence and securitie, some of our cuntriemen in your majesties other dominionis shall be frie frome censure for subscryveing the covenant and be no more pressed with oathes and subscriptiones wnwarranted by our lawes and contrair to our Nationall Oath and Covenant approved by your majestie, wtheres of them who have beene wicked instrumentis to worke ws all our woe and to devyd betuixt your majestie and the kingdome shalbe sent hither and put to a tryell according to the lawes, our shipis and goodis, souldieris and otheris imprisoned restored, and our loisses and wrongis which all this tyme we have susteened repaired, declarationes againest ws as tratoures recalled, and when your majestie shall be pleased to condiscend to a stable and weell groundit peace for our enjoying of our religione and liberties againest all feires of molestatione, then will the reall testimonies and royall proofis of your majesties justice and goodnes be so stronge bondis of love and invincible chaynis to ty our heartis that never was ther a people more obsequious to a king nor a king more contented and happie in a people. And why shall wee not thinke that your majestie will regaird the sound judgement and wnfained affectione of a whole kingdome above the opinione and selfe love of a few malecontentis who are at discord with the tymes and accompt your majesties danger and dishonnour and our commoun calamities to be a mitigatione of there justlie deserved miseries? Why shall wee not hope that your majesties wisdome will judge it more convenient to bestowe your royall favoures upoun this whole kingdome wherine everie one of ws may have our owne benefiet then wpon some few persones who, by ther interventioun, make ane ecclipse of your majesties countenance and goodnes at so great a distance? And why shall not ane obedient people that curseth all rebellioun and treasone to hell wher it is hatched looke for bettir dayes when this storme is blowne over, quhairin God may have his owne glorie, your majestie alse much honnour as a good king can requyre, and wee, your majesties subjectis, that peace and happines which may make us hartilie pray for the long and prosperous rigne of our native king and monarche?
Eftir divyne service by preaching, prayeris and thankisgiveing the parliament rose and sua this session was concludit wt supra.