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Apud Edinburgh, 25 May 1641, to the quhilk day and place the parliament was continewit by the last act of continewatioun thairof daitit the 13 of Aprile 1641 yeirs.
The Erle of Kingorne present for the constable, the Erle Merschell present him selff.
The estaitts of parliament this day conveined being placed and set down in playne† parliament.
Maistir William Scott, ane of the clerkis of parliament, did publictlie mak knawin to the saidis estaitts now convened that, seing the kingis majestie nor ane commissionar for his majestie was not present, they inrespect thairof sould mak electioun of ane president.
Quhairupoun efter it was put in voyteing quha sould preseid, the haill estaitts now conveined with ane uniforme consent elected and chused Robert, lord Burghlie to be president in this thair meitting in parliament.
Quhilk place the said Robert, lord Burghlie, inrespect of the election foirsaid, accepted in and upon him.
Thairefter Sir Thomas Hope of Craighall, knicht, his majesteis advocat, delyverit to the said Robert, lord Burghlie, preses forsaid, in presens of the estaitts, ane lettre frome his sacred majestie to the noblemen, barrounes, commissionars of schyres and burrowis of his majesteis parliament in Scotland.
Quhilk lettre the said lord president ressavit in all humilitie and caused to be publictlie red in presens of the estaitts now conveined, quhairof the tennor followis:
(Heir to insert his majestie lettre).
Upoun the productioun and reiding quhairof, and inserting of the tennour of the samen lettre in maner abonewrittin, the kingis majesties advocat askit instrumentis.
And immediatlie thairefter the Erle of Montrois, in name of the noblemen, the Laird of Keir, in name of the commissionaris of schyres, and Johne Semple, commissionar for the burgh of Dumbartane, in name of the commissionaris of burrowis, protestit that the nameing of his majesties commissionar designed in the foirsaid lettre 'a commissionar' sall nawayis import acknawledging upoun the pairt of the estaitts that the Erle of Traquair, laitt commissionar, is any wayis to be understud to be that commissionar quhome his majestie termes be the name of 'a commissionar', be reasone he is indicted to the parliament as ane incendiarie or for sum uther crymes; and declarit that this protestatioune they mak out of ane assured confidence of his majesteis guidnes and justice that his majesteis nameing of 'a commissionar' did nor dois nawayis poynt at the said Erle of Traquair as commissionar, and for eschewing of all misunderstanding quhilk the generalitie of the words 'a commissionar' may imply contenit in the lettre, and that in all humilitie and without intentioun of offence to his majestie.
Quhilk protestatione the saidis estaitts hes admittit and admittis. This being done, the said Robert, lord Burghlie, president chosin as said is, did publictlie propone to the estaitts now convened thair consideratioun the expediencie of the continewatioun of this present parliament.
Quhilk was put in voyteing and was agreit by uniforme consent of the estaitts now convened that this present parliament sould be contenewit to the fyvetene day of Julii nixtocum, with continewatioun of dayis, and that ane act sould be maid thairupoun for this effect of the tennour 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.
Quhilk act of continewatioun being publictlie red in presence of the estaitts now convened in parliament as said is, the samyn was voyted and unanimously agreit unto by the saidis estaitts.
Quhairupoune the said Robert, lord Burghlie, president above writtin, in name of the haill esteates, askit instrumentis.
Thairefter the kingis advocatt desyred the double of the haill premisis abovewrittin under the clarkis hand.
Burghly, praeses, in praesentia dominorum parliamenti