31 August 1641

[Overtures of the nobility regarding the nomination of officers of state, council and session]

At the meitting of the nobilitie

It is agreed be way of opinioun among the noblemen that they will be humble suitouris to his majestie that his majestie may be pleased to declaire for himselfe and his successouris that he will make choyse of such able and qualified persones for the offices of estate, places of counsale and sessione, whairof they acknowledge the nominatioun to belong to his majestie as shall be most fitting for his majesties service and may give most content and satisfactioune to the estaittis of parliament.

2. And sicklyke the noblemen will be humble suitouris to his majestie that he wald place all officiaris of estaite, counsale and sessione be advyse and consent of the parliament during the sitting thairof, and during the intervall betuixt parliamentis that he wald place the officiaris of estate and counsallouris be advyse and consent of the counsale, and the sessioneris be advyce and consent of the sessione respective.

3. That the counsallouris, officiaris of estaite and lordis of sessioune may be provydit ad vitam, all being lyable and accomptable to the censure of his majestie and parliament.

To prefix this narrative:

Forsameikle as thair was ane article of the treattie anent the placing of officiaris of estate, counsall and sessione, quhairof the answer was remitted to be determined be his majestie and the parliament, thairfoir his majestie, considering his ordinar residence in Ingland quhairby the qualificatione of persones may not be so weill knawin to his majestie as gif he war not so necessarlie absent, heirfor etc.

Item, the noblemen who goes to his majestie may represent to his majestie the act of parliament anent the gift of waird and marriage of these who dyed in the publik service, and that they desyre that thaire waird and marriage may be secured and all of the lyke kynd.

Item, that the noblemen shew his majestie that they think fitt to rescind the act of parliament 1633 anent the exchequhair and only declair that the exchequhair ar only judges to materis concerning the managing of the kingis rentis and casualities.

Item, to speik to his majestie anent the rescinding of the act 1633 anent the vassallis of wairdlandis, discharging the setting of landis haldin waird of the king in few.

Item, to desyre his majestie to take some course for restitutione of the armes takin in Jhone Hallis ship and other shippis quhilkis ar at Berwick according to the first propositione maid the tyme of the treattie and his majesties promise.

Memorandum: That some propositiones may be sett upon foote for annexing bishops landis and superiorities to the crowne.

  1. NAS, PA6/7, 'Appendix, August 31 1641'. Back
  2. NAS, PA7/2/92. Back
  3. Original not yet found. Source is APS, v, p.653. Back
  4. Original not yet found. Source is APS, v, p.654. Back
[Address to the king regarding the nomination of officers of state, council and session]

Concerning the counsall and sessioun of Scotland

Since the manie and weightie effaires of the kingdome of Ingland will tak up the greatter part of his majesties tyme that he cannot mak so long abode in Scotland as we do heartilie wish and desyre, we ar the more confident that his majestie, from his naturall love and royall cair of that his auncient and native kingdome, will in his wisdome think upon such wayes of governament as may be with least trouble to his majestie and with greatest peace and comfort to his subjects. And since his majestie hath bene graciouslie pleased to declair that all matteris civill shall thair be determined by parliament and other inferior judicatories established by law, we do humblie remonstrat and desyre that his majestie may be pleased to mak choyse of his counsallouris and officeris of estate by the advyse of the estates convenit in parliament. And if anie office of estate shall happin to vaik and must be provydit in the intervall of tyme betuix the sittings of the parliament, that it may be done by his majestie, with advyse of the secreit counsall. And that both counsallouris and statesmen be lyable for the dischargeing of thair deuties to his majesties and the parliamentis tryell and censure that so far as is possible all wages of ambitioun and corruptioun may be stopped. It is in lykmaner oure humble desyre that the senatouris of the colledge of justice quho minister justice to all the subjectis may be chosen be his majestie with advyse of the parliament, and becaus these places cannot vaik long without prejudice to the leidges, that the places quhich shall happen to be vaikand betuix parliamentis may be provyded be his majestie with advyse of the wholl hooss. And least thay be removed quhen now thay have acquyred by experience the best abilities for acquitting them selffiis in thair places, quich require skilled men in the lawis and practik of the countrey, that thay be provydit ad vitam or ad culpum. We doe not delight to fill agane his majesties cares with the repetitioun and resentment of oure pressing, bot now by past evillis, which in a great pairt have issued from the corruptioun of the fontane of counsall and justice, bot doe only represent that as this is agreeable to the ordour and practise observed by his majesties progenitouris before the comeing of King James into Ingland, and that in the disposeing of these places quich so highlie concerns the wholl kingdoms, his majestie in his absence may have more sound and unpartiall advyse from the wholl bodie conveinit in parliament then from ane or more particular memberis.

  1. NAS, PA6/7, 'Appendix, August 31 1641'. Back
  2. NAS, PA7/2/92. Back
  3. Original not yet found. Source is APS, v, p.653. Back
  4. Original not yet found. Source is APS, v, p.654. Back
[Memorandum for the king's delay in giving answer to the parliament's last demands]

Memorandum of the three reasounes gevin be his majestie for the delay in returning answeris to the last demandis

1. That when all oure former demandis ar graunted, gif thair shall be place permitted to new propositiounes, then no limittis can be sett to oure desyris, bot the same may turne to be endles.

2. When his majestie hath graciouslie setled oure relligioune and liberties, the propositioune of new articles may appeir to forraine princes and estaittis to trench upon his majesties honnour.

3. The same may be taken be his majesties other kingdomes as ane example and preparative for making propositiounes of the same or the lyke nature.

  1. NAS, PA6/7, 'Appendix, August 31 1641'. Back
  2. NAS, PA7/2/92. Back
  3. Original not yet found. Source is APS, v, p.653. Back
  4. Original not yet found. Source is APS, v, p.654. Back
[Answers to the king's doubts concerning the election of officers of state, council and session]

Ansueris to the doubtis proponed be his majestie to the estaittis of parliament concerning the electioune of officiaris of state, counsallouris and sessionoris

We have considered of that which it pleased your majestie to impairt to some of our severall bodies yesterday, and as we acknowledge that your majestie hes just reasone to be cairfull of your awin royall authoritie and evin to be warie not to doe that in any of your kingdomes which your majestie conceavis may by example be drawin to your prejudice elsewhaire, so we desyre your majestie to beleive that we shall never to oure knowledge intend any thing to the leist derogatioune of your just power, which we ar bound to maintaine not only by our commoune alledgeance bot also by our nationall oath and covenant. And thairfoir we beseech your majestie to consider that the demand concerning the electioune of officiaris of estaite, counsallouris and sessioneris is groundit upon the ancient lawis and custome of this kingdome and upon the just sense we have of the necessitie of your royal absence from this your native countrie, which gif we could redeime, we wald esteeme above any such priviledge. And gif we did enjoy the many benefittis of your majesties continuall residence amongst ws (which is the greate happines of our brethren of Ingland), then wald we forbeir to press these thingis which we ar forced now to insist upon in supplement of that want. And so we expect your majesties gracious answer to this oure reasonable and well groundit demand.

  1. NAS, PA6/7, 'Appendix, August 31 1641'. Back
  2. NAS, PA7/2/92. Back
  3. Original not yet found. Source is APS, v, p.653. Back
  4. Original not yet found. Source is APS, v, p.654. Back