Decimo die sessionis parliamenti
[1641/7/39]*[print] [email] [cite] [preceding] [following]
Rollis callit and prayeres said.
The quhilke day the estates of parliament now conveened in parliament, haveing tane to ther consideratione that the commissionaris appoynted be the committie of estates for the treatie by ther instructiones are appoynted not to end any thing in the treatie by subscriptione without consent of both committies, as also that the quorum of the commissionaris are ordeanit be there commissione to be seavine, and heirwith also considering that the pouer of the committie now ceases in respect of the present sitting of the parliament, and that the saidis estates hes lykewayes retrinched the nomber of the commissionaris to tuo for ilk estat, viz: the Erle of Rothes and the Lord Loudoune for the nobilitie, Sir Patrike Hepburne of Waughtoune and Sir William Douglass of Cavers for the barrones, and Johne Smythe, burges of Edinburgh, and Hew Kennedy, burges of Air, for the burrowes, therfor, and for the mair speedie concluding of the foirsaid treatie, the saidis estatis gives and grantis full pouer and warrand to the saidis sex commissioneris aboue nameit, or any fyve of them, to consult, advyse, determine and conclud the articles of the treatie conforme to the instructiones subscryved be the preses of the parliament and delyvered to the Lord Loudoune and to the articles of the treattie also delyvered to the said Lord Loudoune, and markit and subscryved wpoun everie battering therof be the clerke of the parliament. And at the ending and concluding of the samene articles, the saidis estates gives full pouer and warrand to the saidis sex commissionaris abovenameit, or ony fyve of them, to subscryve the saidis articles of treaty being aggried and concludit be them, conforme to the instructiones foirsaidis, quhais consent and subscriptione therof the estates of parliament declaires to be alse valied and effectuall as if the samene ware subscryved be the whole estates themselves, and that the estates shall ratifie the samene in parliament, the saidis articles of treatie sua subscryved and concludit being alwayes ratified in the parliament of England. And sicklyke the saidis estates of parliament ratifies and approves that whilke the commissionaris conteanit in the said former commissione granted be the committies of estate to them hes done anentt [t]he said treattie, conforme to ther commissione and instructiones granted be the saidis committies of estat to theme theranent, quherof the estates of parliament does allowe and heirby approves the samene, and ordeanes this ther warrand and commissione abovewrittin to be subscryveit be the preeses and clerke of this present parliament for and in name of the whole estates, and being sua subscryved declaires the samene to be alse sufficient and efectuall as if thir presents ware subscryveit be the haill estates.
[1641/7/40]*[print] [email] [cite] [preceding] [following]
The estates now taking to ther consideration that in this tyme of the assemblie ther cannot convenientlie be tuo sessionis of parliament in the day in respect that manie memberis of the parliament are also memberis of the assemblie, therfor the estatis thinkis it fiting that ther be onlie one sessione of parliament everie day tyme about and per vices with the assembly incaise the assemblie shall lykewayes find it expedient.
[1641/7/41]*[print] [email] [cite] [preceding] [following]
It being voited when and how the Erle of Montroise, Lord Naper and Laird of Keir shall be hard to speeke befor the parliament according to ther formar desyre,
It is appoynted that they shall be hard this afternoone and dureing ther heiring shall stand in the floore betuixt the throne and the clerkis table.
[1641/7/42]*[print] [email] [cite] [preceding] [following]
Anente the petitione givine in be the Lord Fraiser craveing warrand to the maisseris or messingeris to sit for deduceing and comprysing [...], the estates of parliament grantis the same.
[1641/7/43]*[print] [email] [cite] [preceding] [following]
Rolles callit and prayeres said.
The estates of parliament refuiss to medle with the same as ane mater allreddie cognoscit be the judge ordinar, to whoise sentance they remit the supplicant.
[1641/7/44]*[print] [email] [cite] [preceding] [following]
The Erle of Montroise, being hard in presence of the lordis of parliament, declaired that he formarlie desyred to be hard to knowe the command or pleasure of the estates, quhairunto hee should indevore to give satisfactione to the full alse neir as he could.
The estates, being advysit therwith, declaires that this heiring being granted to him wpoun his supplicatione often presented and pressed in parliament, it is permitted to him be the estates to say what he thinkis fiting to propone to them. Quhilke being intimat to the erle, the Erle of Montrois declaired that albeit some great imputationes be laid to his chairge, yit he is so confident of his owne innocencie that he will not deprecat bot supplicat for justice and tryell.
The estates, haveing advysit therwith, declaires they will take to ther consideratione what course they will nixt take heiranent and in the meanetyme commandis my lord to returne to the castle.
And this being pronunciet to the Erle of Montroise he declaired that in all humilitie he ressavit the sentance of the parliament and expected confidentlie justice in all there proceedingis, being hopfull to cleir his oune innocencie.
It being voited to what day the Erle of Montroise should be sommoned, whither wpoun tuentie one dayes, eight dayes or more or lesse, the estates appoyntis the citatione to be givine wpon fyfteene dayes, quhilke they find sufficient.
[1641/7/45]*[print] [email] [cite] [preceding] [following]
The Lord Naper being hard wpon his supplicatione, declaired he had done nothing againes the law of God or nationis or municipall law, and if the contrair should be tryed, he submitted himselfe in all humility to the censurement of the parliament, but desyred them to be cairfull in thair proceeding that nothing may be done derogatorie to the glorie of this natione.
Wherupon the estates remandit him bake againe to the castle till he ware insistit againes according to justice.
[1641/7/46]*[print] [email] [cite] [preceding] [following]
It being voited, it is fund be the estatis that Sir Archibald Stewart of Blakehall shall be committed to the castle, and accordinglie ane warrand was subscryved be the preeses of the parliament for that effect.
[1641/7/47]*[print] [email] [cite] [preceding] [following]
The Laird of Keir, being callit in presence of the parliament, declaired that ever since the begining he had hartilie joyned in the good cause and had never suerved from the straight way of advanceing the same, and if any suspicione be now aganes him he hopis to purge himselfe therof, and in the meanetyme desyris the estates to suspend any prejudiciall opinion of him till he be tryed, and craved that when sommondis shall be givine againes him libertie may be granted to him to meit with the Erle of Montroise and Lord Naper that they may advyse upon there commone defence.
The estates declaires they will proceed legally according to justice and when, eftir citatioun, any supplicatione shall be exhibited, the same shall receive ansuer.
[1641/7/48]*[print] [email] [cite] [preceding] [following]
The estates appoyntis ther meiting now in the tyme of the assemblie to be at thrie houres eftirnoon and fra that to sevine houres.
[1641/7/49]*[print] [email] [cite] [preceding] [following]
The estates grantis dispensatione to the justice to sit wpon the assyse of William Fraiser for the murder of Edward Scola, conforme to the supplication givine in be Jeane Currour to the parliament craveing the samene.
[1641/7/50]*[print] [email] [cite] [preceding] [following]
Anente the supplicatione givine in to the parliament be the Erle of Buccleughe, craveing that Louetennent Collonell Home may be dischairged to wplift the teyndis of the parochine of Watstirker,
The estates grantes the desyre foirsaid of the said supplicatione.