To the quhilke day and place the parliament was continowed be the last act of continowatione therof, daited the therteene of Apryle 1641.
Decima octava die parliamenti
[1641/5/1]*[print] [email] [cite] [preceding] [following]
Parliamentum continuatum dicti excellentissimi principis Caroli Dei gratia Scotia, Anglia, Franciae et Hiberniae, regis fideique defensoris, haldine at Edinburghe, the tuentie fyfte day of Maii 1641 yeirs, be the estates of parliament, viz: the noblemen, the commissioneris for the barones and the commissionaris for the burrowes eftirspecifiit, unacum officiariis parliamenti, viz: the Erle of Kinghorne for the constable, the Erle Mershell, present himselfe as Mershall, and Johne Whyte, dempster, present.
Sectis vocatis et curia ultime affirmata.
[1641/5/2]*[print] [email] [cite] [preceding] [following]
[1641/5/3]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties special authoritie, this tuenty fyfte day of Maii 1641 yeires, to the which day the parliament was continowed by the last act of continowatione therof off the daite the therteene day of Apryle 1641 yeires foirsaid, did unanimouslie, with one uniforme consent, elect and choose Robert, lord Burghlie to be president of this there meeting of estatis in parliament.
[1641/5/4]*[print] [email] [cite] [preceding] [following]
The quhilke day, in presence of the estates of parliament this day conveened, compeirit personally Sir Thomas Hope of Craighall, knight, his hienes advocat, and delyvered to Robert, lord Burghlie, president chosine be this meeting of estates in parliament, ane lettir from his sacred majestie to the noblemen, barrones, commissioneris of shyris and burrowes of his majesties parliament in Scotland, quhilke letter the said lord president resseavit in all humilitie and caused to be publicklie red in presence of the estates now conveened, quhairof the tennour falloueth: Charles R[ex]. Right trustie and weelbeloved cousignes and counselloures, right trustie and weelbeloved cousignes, right trustie and weelbeloved counsellouris, and trustie and weellbeloved, wee greet yow weell. Wheras the great occasiones of both kingdomes heath necessitat diverse delayes of the parliament of Scotland and now doeth againe press ws (contrarie to what we expected) to a further prorogatione therof, wherwnto wee doubt not bot yow will be assisting since wee doe assure yow wee intend not to have any further prorogatione, sieing the most materiell particularis of the treatie with your commissionaris are allreddie condishendit wpoun and what remanes is drawing towardis a conclusione, and the bettir to put ane end to all these wnhappie differences which of late heath bred so great a distractione amongest our subjectis and to assure them of our heartie desyre to remove all such impedimentis as may hinder the weell and peace of that our ancient and native kingdome, wee are resolved in our royall persone to hold this parliament; therfore it is our pleasour yow prorogue the said parliament wntill the fyfteene day of Julii nixtocome, with continowatione of dayes, and if any wnexpected occasion shall deteene ws in this kingdome, which by all meanes possible wee will eschew, wee shall appoynt ane commissioner for the halding therof at the day foirsaid, at which tyme wee will live nothing wndone which may conduce to the establishing of the trewe religione, lawes and liberties of that kingdome, so expecting your reddie obedience, wee bid yow fairweell. From our court at Quhythall, the eighteine day of Maii 1641. Wpoun the productione and reiding wherof, and inserting of the samene lettir in maner abowewrittin, the kingis majesties advocat askit instrwmentis, and immediatlie therefter the Erle of Montroise, in name of the noblemen, the Laird of Keir, in name of the commissionaris of shyris, and Johne Semple, commissioner for the burghe of Dumbartane, in name of the commissioneris of burrowes, protestit that the nameing of his majesties commissioner 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 commissioner whom his majesties termes by the nam of 'a commissionar' be reasone hee 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 goodnes and justice that his majestie nameing of 'a commissioner' did nor does nowayes poynt at the said Erle of Traquair as comissioner, and for esheweing of all miswnderstanding which the generalitie of the wordis 'a commissionar' conteanit in the lettir may imply, and that in all humility and without intentione of offence to his majestie, quhilke protestatione the saidis estates hes admitted and admittis.
[1641/5/5]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties special authority, yit as of befor continowes this present parliament and all sommondis and actiones intendit or depending, withall supplicationes, grievances and other materis belonging to the said parliament, against all pairties cited or desyred to be sent home to Scotland as incendiaries or cited for other crymes and causes, and the former citationes and continuationes therof; and this present continuatione to continue in the same force, strenth and effect as they ware at the severall days of compeirances respective wherwnto they war cited, and as if they had been called or ware now callit per expressum wpoun the saidis severall dayes wherwnto they ware sited respective as said is, or wpoun the severall dayes of continowatione wherwnto this parliament was continoued from tyme to tyme, notwithstanding of the not calling of them publicklie in judgment at none of the saidis dayes, which was nowayes necessarie to have beene done nor to be done befor insisting against them in respect that they ware both seited to severall dayes of compeirance, with continouatione of dayes, and that the parliament was continowed from tyme to tyme to certane other dayes, also with continowatione of dayes, to the fyftene day of Julii nixtocome, with continowatione of dayes. And that for satisfieing his majesties grasious desyre signified by his majesties lettir directed to the estates for that effect beiring dait the eighteene of Maii 1641 yeires, and also for sindrie grave and weightie considerations conserneing the weeall of the estate, kirke and kingdome knowne to the estatis, but prejudice allwayes to the estates of parliament of ther wndoubted libertie to sit without prorogatione except they consent to a prorogatione, and that by reason that all actes of prorogatione of parliament are actes of parliament and no actes of parliament can be mad without consent of the estates conveened and siting in plaine parliament, at the which fyfteene day of Julii nixtocome ordeanes the whole estates to be present and to attend at Edinburghe or where it shall happine the samene to be holdine for the tyme. And suchlyke ordeanes his majesties advocat and procuratouris of estat, all and everie one of theme, to compeir and attend and to insist as they shall be commandet by the estates against whatsoever persones indyted or to be indyted, and dischairges the said advocat and procuratoures and everie one of them to consult with or take upoun hand directlie or indirectly to defend any who shall seeke ther advyce for pleading or menteaneing them in any sort against any persut moved or to be moved against them in parliament for any cryme against the publicke, or to give any informatione for that effect, and that because it is incombent to the kingis majesties advocat and procuratours of estat to persue all who happines from tyme to tyme to be seited to the parliament for any offence against the publike, and nowayes to take ther patrocinie, but prejudice allwayes of the power granted to the committies of estat conteened in the act of this present parliament mad theranent, daited the ellevint of June last and mentionat in the thrie last actes of continowatione therof, the first daited the nynteene of November 1640, the second the 14 of Januarii 1641 and the third daited the 13 of Apryle, the same yeir 1641 yeires. And in the meantyme, the estates declaires the said parliament to bee current to the effect abonewrittiin wnto the day foirsaid, with continowatione of dayes, and ordeanes the whole actes and statutes mad and concludit in plaine parliament in that sessione therof in June lastbypast, togidder with all the former actes of continoatione mad by the saidis estates, to stand and have the force and strenth of lawes and actes, conforme to the tennoures therof, sickelyke as any actes and statutes of ony preceeding parliamentis in ony time bygone, and namlie (but prejudice of the generality foirsaid) the act of the committie of estates to stand in full force in all the clausses therof ay and while it be dischairged by the estates, and ordeanes the foirsaids actis, with the act of electione of Robert, lord Burghlie to be preses of this meeting of estates, togidder with this present act of continowatione, to be published and prented, conforme to the last act of continuatione of the dait foirsaid, notwithstanding of this present continowatione of the parliament to the day abonewrittin.
The continowatione of the parliament to the day foirsaid was intimat be ane maisser of parliament to the haill estates and all others, his majesties lieges, quherwpoun the said Robert, lord Burghlie, president of the parliament, in name of the estates, asked instrumentes.