Apud Edinburgum, demico quarto Januarii 1641

To the whilke day and place the parliament was continowed be the last act of continouatione thairof daited the 19 November 1640.

Decima sexta dies parliamenti

Procedure: opening of the session

Sectis vocatis et curia ultime affirmata.

Parliamentum continouatum excellentissimi principis Caroli dei gratia Scotia, Anglia, Franciae et Hiberniae, regis fideique defensoris, haldin at Edinburgh the said fourteene day of Januar 1641 yeires foirsaid be the estatis of parliament, viz: the noblemen, the commissioneris of shyris and the commissioneris of burrowes, present as they are inrolled and marked the foirsaid 19 day of November last, togidder with the officeris of parliament, viz: Lord Almond for the constable, and Lord Erskine for the mershell, and Johne Whyt, dempster, present.

The nobilitie, the commissioneris for the barones and the commissioneris for the burrowes this day present as they are inrolled the said nynteene of November 1640.

  1. NAS, PA2/22, f.59r-59v. Back
  2. NAS, PA2/22, f.59v. Back
  3. NAS, PA2/22, f.59v-60r. Back
  4. NAS, PA2/22, f.60r-60v. Back
Procedure: election of Robert Balfour, lord Balfour of Burleigh to be president of the parliament
Act 1
Act anent the election of Robert, lord Burghlie to be preses of this meeting of estates in parliamente

The estatis of parliament, presentlie conveened by his majesties speciall authoritie this fourteenth day of Januarii 1641 yeires, to the which day the parliament was continowed by the last act of continowatione thereof daited the nynteene of November 1640 yeires, did unanimously elect and choose Robert, lord Burghlie to be president of this ther meeting of estates in parliament.

  1. NAS, PA2/22, f.59r-59v. Back
  2. NAS, PA2/22, f.59v. Back
  3. NAS, PA2/22, f.59v-60r. Back
  4. NAS, PA2/22, f.60r-60v. Back
Letter: king's letter to parliament and protests against
Act 2
Instrumentis upon production of the kingis lettir; protesation for the estats

The quhilke day compeired personallie Sir Thomas Hope of Craighall, knight baronet, in presens of the estates of parliament and delyvered to the said Robert, lord Burghlie, president chosen to this meeting of estates in parliament, ane lettir from his sacred majesteis to the noblemen, barrones, commissioneris of shyris and burroues of his majesties parliament in Scotland, quhilke the said lord president resseavit in all humilitie and caused to be publicklie red in presence of the whole estates now conveened, quherof the tennour falloueth:

Charles R[ex], right trustie and weellbeloved cousines and counsellouris, right trusty and weellbeloved cousens, right trustie and weellbeloved counselleris, right trustie and wellbeloved, trusty and weellbeloved counsellouris, and trustie and weellbeloved, wee greet yow weell. Wheras for sundrie great and weightie occasionis much importing the good of our service wee cannot with conveniency be present in our royall persone, nor send our commissioner at this time for holding the parliament in that our native and ancient kingdome of Scotland, as lykewayes by reasone of the absence of many of the nobilitie and otheris of whose judgment and fidelity wee have great confidence, and who cannot without much difficulty repair so suddently thither, it is therfor our pleasour that you continowe and prorogue the parliament untill the thretteine day of Apryle nixtocome, with continowatione of dayes, to the effect wee may in the meanetyme maturlie conclud and resolve upoun suche thingis as may most conduce to the good of our service and peace and true happines of that our kingdome which allwayes heath beene and still is one of our cheefest caires, wherin expecting your reddy obedience, which wee will acknowledge as verrie acceptable service, wee bid yow fairweel. From our court at Quhythall, the last day of December 1640. Wpoun the production and reiding wherof and inserting of the tennour of the samene letter in maner abowewrittine, the kingis majesties advocate asked instrumentis, and immediatly thereftir the Erle of Montroise, in name of the noblemen, Sir George Stirling of Keir, knycht, in name of the commissioneris of shyres, and Williame Reid, baillie of Edinburgh, in name of the commissioneris of burrowes, protestit that the nameing of his majesties commissionar, designit in the foirsaid lettir 'our commissionar', shall nowayes import acknowledgment wpoun the pairt of the estates that the Erle of Traquair, late commissionar, is anywayes to be wnderstood to be that commissionar whom his majestie termes be the name of 'our commissionar', be reasone he is indicted to the parliament as ane incendarie or for some other crymes, and declaired that this protestatione they make out of ane assured confidence of his majesties justice and goodnes, that his majestie nameing of 'our commissionar' did nor does nowayes poynt at the said Erle of Traquair as commissionar and for escheweing ambiguitie in the word 'our commissionar' contenit in the letter and that in all humilitie and without intentione of offence to his majestie, quhilke protestatione the saidis estates hes admitted and admittis.

  1. NAS, PA2/22, f.59r-59v. Back
  2. NAS, PA2/22, f.59v. Back
  3. NAS, PA2/22, f.59v-60r. Back
  4. NAS, PA2/22, f.60r-60v. Back
Procedure: continuation of the parliament
Act 3
Act anent the continouatione of the parliament to the 13 day of Apryle 1641 yeires, with continouation of dayes

The estates of parliament, presently conveened by his majesties speciall authoritie, yit as of before continowes this present parliament and all sommoundis and actiones intendit or depending, withall supplicatiounes, grivances and other materis belonging to the said parliament, to the thretteinth day of Apryle nixtocome, with continowatione of dayes; and that for satisfactione of his majesties gratious desyre signified by his majesties lettir directed to the estates to that effect, beiring dait the last of December 1640, and also for sundrie grave and weightie considerationes conserneing the weall of the estate, kirke and kingdome knowne to the estates, at the which therteenth day of Apryle ordeanes the whole estates to bee present and to attend at Edinburghe or where it shall happine the samene to be holdine for the tyme, but prejudice allwayes to the power granted to the committies of estates conteened in the act of this present parliament mad theranent, daited the ellevinth day of June last, and mentionat in the last act of continowatione therof beiring date the 19 of November 1640. And in the meanetyme the estates declaires the said parliament to be current to the effect abovewrittin to the day foirsaid, with continowatione of dayes, and ordeanes the whole actis and statutes made and concludit in plaine parliament in that sessione therof in June last bypast, togidder with all former actis of continuatioun mad by the said estates, to stand and have the force and strenth of lawes and actes, conforme to the tennouris therof, suchlyke as any actes and statuts of any preceeding parliamentis in ony tyme bygone, and namlie (but prejudice of the generality foirsaid) the acte of the committie of estates to standis in full force in all clauses therof ay and whill it be dischairged by the estates, and ordeanes the foirsaidis actes, with the act of electione of Robert, lord Burghlie to be preses at this meeting of estates, togidder with this present act of continowatione, to be published and prented conforme to the last act of continouatione of the dait foirsaid, notwithstanding of this present continowatione of the parliament to the day abonewrittin.

The continowatione of the parliament to the day forsaid was publicklie intimat be ane maisser of parliament to the whole estates and all otheris, his majesties leiges, quherwpoun the said Robert, lord Burghlie, president of the parliament, in name of the estates, asked instrumentis.

  1. NAS, PA2/22, f.59r-59v. Back
  2. NAS, PA2/22, f.59v. Back
  3. NAS, PA2/22, f.59v-60r. Back
  4. NAS, PA2/22, f.60r-60v. Back