24 May 1641

[Minutes of the committee of estates regarding the continuation of parliament]

Apud Edinburgh, 24 May 1641

The Erle of Cassillis, Lord Lindesay, Lord Dundas, Lord Auldbar, Sir Thomas Nicolsone, Richard Maxwell, Johne Semple, Maistir Rodger Mowatt, Maistir Alexander Peirsone, Maistir James Baird and Maistir Thomas Nicolsone, advocatte, procuratoris for the estaitt, and Maistir Adame Hepburne, clerk to the committie of estaittis, being convenitt be warrand fra the committie of estaitis and fra the estaitte now convened to considder anent the forme and maner of the continewatioun of the parliament at this dyet thairof, the 25 of May instant to the 15 of July nixtocum, representis thir particularis to the estaittis thir considderatioun.

The copy of his majesteis lettre for proroging of this parliament to the 15 of July nixtocum differis onlie in this: that in the former lettres thair was no mentioun of obedience to his majestie lettres to the effect of prorogatioun but onlie in the narrative wordis, bot in this lettre thair is expres mentioun of obedience in the imperative wordis.

Item, thair is ane uther difference that seames not to be of greatt importance betuix his majesteis formar lettres and the present lettre that; is that in the former lettres the commissionar is named 'our commissionar' and in this lettre he is named 'a commissionar'.

Thairfoir, it is represented to the estaittis quhidder it be fitteing in respect of these twa differences to keip or alter the strayne of the former actis of continewatioun, to witt: if in respect of the last difference the last protestatioun concerneing Traquair sal be insert or omittit. The motioun quhairfoir it sould be insert is this, becaus Traquair standis commissionar undischairgit, or may be contenewit, or of new appoyntit. And as to the first difference anent the imperative wordis of obedience, to considder quhidder the renewing of the act of continewatioun in the former termes, viz: for satisfactioun of his majesteis desyre without mentioun of peremptorie obedience, and also for uther reasouns concerneing the publict knawin to the estaittis may be saife aneuche for preserveing the libertie of the parliament not to be prorogatt without thair awin consent; or gif it be requisite that for the farder securetie of the estaittis thair may be ane clauss insert lyke to this, viz: but prejudice alwayes to the estaitte of parliament of thair undouted libertie to sitt without prorogatioun except they consent to ane prorogatioun and that be reassoune that actis of prorogatione of parliament ar actis of parliament, no actes of parliament can be maid without consent of the esteatis convenit and sitting in playne parliament.

Item, in the wordis of the act of continewatioune, continewing all somondis and actiounes intentit or depending, with all supplicatiounes, grevances and uther materis belanging to the parliament, to eik thir wordis, viz: aganis all pairteis citat or desyired to be send home to Scotland as insendiareis or citatt for uther crymes or causs and the former citatiounes and continewatioune thairof, and this present continewatioune to continew in the same force, strenth and effect as they war at the severall dayes of compeirance respective quhairunto they war citat and as gif they had bene callit or war now callit per expressum upoune the saidis severall dayis quhairunto they war citatt respective or upoun the severall dayis of continewatioun quhairunto this parliament was continewit fra tyme to tyme, nochtwithstanding of the not calling of thame publicklie in judgement at nane of the saidis dayis, quhilk was nawayis necessar to have bene done, nor to be done, befoir insisting aganis thame in respect that bothe they war citatt to thair severall dayis of compeirance, with continewatioun of dayis, and that the parliament was continewit fra tyme to tyme to certane uther dayis, also with continewatioun of dayis.

Item, gif the protestatione be resolved to be maid that ane be nominat for ilk estaitt to that effect; and that the protestatione be maid in the termes of the formar, with this alteratioun, viz: quhair it sayis 'our commissionar' to say 'a commissionar' and for the word 'ambiguitie' to put ther wordis 'and for escheweing of all misunderstanding quhilk the generalitie of the word 'a commissionar' may imply'.

To remember to caus the praeses intimat to the commissionar that they meitt in the efternone for [...] of certane lettres against the incendiares and for other causis.

  1. NAS, PA7/2/57, 'Minutes of the committee of estates, 24 May 1641', f.1r-1v. Back
  2. NAS, PA7/2/58, 'Minutes of the committee of estates, 24 May 1641'. Back

At Edinburgh, 24 May 1641

It wes appointed that two of every one of the estates sould meet with the advocate for the publict to propone and think upon bussines concerneing the dyett of the parliament and act of prorogatioune. And for that effect, nominat the Earle of Cassellis and Lord Lindsay for the noblemen, the lairde of Aldbar and Dundas for the barons, and Johne Sempill and Richard Maxwell for the borrowis who, with Maistir William Scott, Maistir Adame Hepberne and Johne Dicksone, sall meit at the Earle of Cassellis lodgeing this night at nyne houris.

  1. NAS, PA7/2/57, 'Minutes of the committee of estates, 24 May 1641', f.1r-1v. Back
  2. NAS, PA7/2/58, 'Minutes of the committee of estates, 24 May 1641'. Back