14 January 1641

[Opening of session; president of parliament elected; letter from the king read]

Lord Almontt for the constable, Lord Erskene for the merschell, present.

Apud Edinburgh, the xiiij day of Januar 1641, to the quhilk day and place the parliament was continewit be the last act of continewatioun thairof daitit the xix day of November 1640.

The estaittis of parliament this day convened being placed and set doun in playne parliament.

Maistir William Scott, ane of the clerkis of parliament, did publictlie mak knawin to the estaitte that seing the kingis majestie nor his commissionar was not present, they sould in respect thairof mak electioun of ane president.

Quhairupoun, efter it was put in voyteing quha sould be pressedent, the haill estaittis now conveined, with ane uniforme consent, electit and chusit Robert, lord Burghlie, to be presedent in this thair meitting in parliament.

Quhilk place the said Lord Burghlie (in respect of the electioun foirsaid) acceptit in and upoun him.

Thairefter Sir Thomas Hope of Craighall, knicht barronet, his majesties advocat, delyverit to the said Robert, lord Burghlie, president chosin to this meitting of estaittis in parliament in presence of the estaittis, ane lettre frome his sacred majestie to the noblemen, barrounes, commissionaris of schyres and burrowis of his majesties parliament in Scotland, quhilk the said lord president ressaved in all humilitie and caused to be publictlie red in presens of the haill estaittis now convened, quhairof the tennour followis:

(Heir to insert the lettre).

  1. NAS, PA6/3, 'January 14 1641', f.1r-1v. Back
[Protest against king's letter; continuation of parliament; act read and approved; instruments taken]

Upoun the productioun and reiding quhairof and inserting of the tennour of the sam lettre in maner abonewrittin, the kingis majestie advocat askit instrumentis. And immediatlie thairefter the Erle of Montrois, in name of the noblemen, Sir George Stirling of Keir, knicht, in name of the commissionaris of schyres, and William Reid, baillie of Edinburgh, in name of the commissionaris of burrowis, protestit that the nameing of his majesteis commissionar designed in the foirsaid lettre 'our commissionar' sall nawayis importt acknawledgement upoun the pairt of the estaittis that the Erle of Traquair, lait commissionar, is any wayis to be understud to be that commissionar quhome his majestie termes be the name of 'our commissionar' be reasone he is indicted to the parliament as ane incendiarie or for some uther crymes; and declairit that this protestatioun they mak out of ane assured confidence of his majesties gudnes and justice that his majesteis nameing of 'oure commissionar' did nor dois nawayis poynt at the said Erle of Traquair as commissionar, and for eschewing ambiguitie in the wordis 'oure commissionar' contenit in the lettre, and that in all humilitie and without intentioun of offence to his majestie.

Quhilk protestatioun the saidis estaittis hes admittit and admittis. This being done, the said Robert, lord Burghlie, president chosin as said is, did publictlie propone to the estaittis conveined as said is thair consideratioun the expediencie of the continewatioun of this present parliament, quhilk was put in voyteing and was agreit be uniforme consent of the haill estaittis now conveined that this present parliament sould be continewit to the xiij day of Aprile nixtocum, with continewatioun of dayis, and that ane act sould be maid thairupoun for this effect, of the tennor following:

The estaittis of parliament, presentlie convened be his majesteis speciall authoritie, yit as of befoir continewis this present parliament and all summondis and actiounes intentit or depending with all supplicatiounes, grievances and utheris materis belonging to the said parliament to the threttene day of Aprile nixtocum, with continewatioun of dayis; and that for satisfactioun of his majesteis gracious desyre signefeitt be his majesteis lettre directed to the estaitte to that effect beirand dait the last of December 1640, and also for sindrie grave and wechtie considderatiounes concerning the weill of the estaitt kirk and kingdome knawin to the estaittis, at the quhilk threttene day of Aprile ordanis the haill estaittis to be present and to attend at Edinburgh or quhair it salhappin the samyn to be haldin for the tyme but prejudice alwayis of the power grantit to the committeis of estaitt contened in the act of this present parliament maid thairanent daitit the xj of Junii last and mentionat in the last act of continewatioun thairof beirand dait the xix of November 1640. And in the meane tyme the estaittis declairis the said parliament to be currentt to the effect abonewrittin unto the day foirsaid, with continewatioun of dayis, and ordanis the haill actis and statuttis maid and concludit in plane parliament in that sessioun thairof in Junii last bypast, togidder with all formar actis of continewatioun maid be the saidis estaittis, to stand and have the force and strenth of lawis and actis conforme to the tennouris thairof, siklyke as any actis and statuttis of ony preceiding parliamentis in ony tyme bygane, and namelie (but prejudice of the generalitie foirsaid), the act of committie of the estaittis to stand in full force in all the clausis thairof, ay and quhill it be dischairgit be the estaittis, and ordanis the foirsaide acte, with the act of electioun of the said Robert, lord Burghlie to be president at this meitting of estaittis, togidder with this present act of continewation, to be publisched and prented conforme to the last act of continewatioun of the dait foirsaid, nochtwithstanding of this present continewatioun of the parliament to the day abonewrittin.

Quhilk act of continewatioun being publictlie red in presens of the haill estaittis convened as said is, the samyn was voyted and unanimuslie agreit unto be the saidis estaittis.

Quhairupoune the said Robert, lord Burghlie, praeses above writtin, in name of the haill esteatis, askit instrumentis.

Burghly, praeses, in presentia dominorum parliamenti

Thairefter the continewatioune of the parliament foirsaid to the day abone writtin was publictlie intimat be ane measser to his majesties haill leidges conforme to the tennour of the said act.

It is to be remembered that the instrumentis taikin be his majestie adv[ocat] upoune the productioune of his hienes lettre and protestatioune maid for the esteatis be not printed but onlie be insert in the instrumentis.

  1. NAS, PA6/3, 'January 14 1641', f.1r-1v. Back