[M1641/4/1]*[print] [email] [cite] [preceding] [following]
Apud Edinburgh decimo tercio Aprilis 1641, to the quhilk day and place the parliament was continewit by the last act of continewatioun thairof daitit the xiiij day of Januar 1641.
The Lord Gordoun present for the constable, the Maister of Forbes present for the merschell, Maistir William Wallace present for the schirreff of Edinburgh, the dempster present.
The estaittis of parliament this day convened being placed and set doun in playne parliament.
Maistir Alexander Gibsone, ane of the clerkis of parliament, did publictlie mak knawin to the estaittis that seing the kingis majestie nor ane commissionar for his majestie was not present, they inrespect thairof sould mak electioun of ane president.
Quhairupoun eftir it wes put in voyteing quha sould preseid, the haill estaitte now convened with ane uniforme consent electit and chusit Robert, lord Burghlie to be president 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, his majesteis advocat, delyverit to the said Robert, lord Burghlie, president chosin to this meitting of estaittis in parliament in presens of the estaitis, ane lettre frome his sacred majestie to the noble men, barrounes, commissionaris of schyres and burrowis of his majestie parliament in Scotland, quhilk the said lord president ressaved in all humilitie and caused to be publictlie red in presens of the estaittis now convened, quhairof the tennor followis:
(Heir to insert his majesteis lettre)
Upoun the productioun and reiding quhairof, and inserting of the tennour of the same lettre in maner abonewrittin, the kingis majestie advocat askit instrumentis. And immediatlie thairefter the Erle of Mar, in name of the noblemen, Sir Johne Hammiltoun of Prestoun, knicht, in name of the commissionare of schyres, and Maistir Alexander Jaffray, commissionar for the burgh of Abirdene, in name of the commissionaris of burrowis, protestit that the nameing of his majesties commissionar designed in the foirsaid lettre 'oure commissionar' sall nawayis import acknawledgment upon the part of the estaitte that the Erle of Traquhair, laitt commissionar, is onywayis to be understud to be that commissionar quhome his majestie termes by the name of 'oure commissionar', be reasone he is indicted to the parliament as ane incendiarie or for sum uther crymes; and declairit that this protestatioun they mak out of ane assured confidence of his majestie guidnes and justice that his majesteis nameing of 'oure commissionar' did nor dois nawayis point at the said Erle of Traquair as commissionar, and for eschewing ambiguitie in the word 'our commissionar' contenit in the lettre, and that in all humilitie and without intentioun of offence to his majestie.
Quhilk protestatione 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 now convened thair considderatioun the expediencie of the continewatioun of this present parliament. Quhilk was put in voyteing and was agreit by uniforme consent of the estaittis now convened that this present parliament sould be continewit to the 25 day of Maii nixtocum, with continewatioun of dayis, and that ane act sould be maid thairupoun for this effect of this tennour following:
The estates of parliament, presentlie conveened by his majesties speciall authoritie, continowes this present parliament and all sommondis and actiones intendit or depending with all supplicationes, griveances and other materis belonging to the foirsaid parliament to the tuentie fyfte day of Maii nixtocome, with continowatione of dayes; and that for satisfactione of his majesties gratious desyre signified by his majesties letter directed to the estates to that effect beiring date 23 Merch 1641, and also for sundrie grave and weightie considerationes conserneing the weell of the estate, kirke and kingdome knowne be the estates, at the which tuentie fyfte day of Maii nixtocome ordeanes the whole estates to be present and to attend at Edinburghe or wher it shall happine the same to be holdin for the tyme, but prejudice allwayes of the power granted to the committies of estat conteined in the act of this present parliament made theranent dated the ellevinth day of June last and mentionat in the tua last actis of continuatione therof, the one beiring dait the nynteene of November 1640 and the other the 14 of Januarii last bypast 1641. And in the meane tyme the estates declaires the said parliament to be current to the effect abowe writtine wnto the day foirsaid, with continuatione of dayes, and ordeanes the whole actes and statutis made and concludit in plaine parliament in that sessione therof in June lastbypast, togither with all former actis of continowatione 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 actis or statutes of any preceiding parliamentis in onytymebygone, and namlie (but prejudice of the generalitie foirsaid), the act of the committie of estates to stand in full force in all the clauss therof ay and while it be dischairged by the estates, and ordeanes the foirsaidis actis, with the act of electione of Robert, lord Burghlie to be preses at this meeting of estates, togither with this present act of continowatione, to be published and prented, conforme to the last act of continowatione of the dait foirsaid, notwithstanding of this present continuatioune of the parliament, to the day abonewrittin.
Quhilk act of continewatioun, being publictlie red in presens of the estaitte now convened as said is, the samyn was voyted and unanimuslie agreit unto by the saidis estaitte.
Quhairupoun the said Robert, lord Burghlie, president abonewrittin, in name of the haill estaitte, askit instrumentis.
Burghly, praeses, in presentia dominorum parliamenti