To the which day and place the parliament was continued by [John Stewart, earl of Traquair], his majesty's commissioner above-named, in manner respectively before rehearsed.
The sixth day of parliament
[1640/6/1]*[print] [email] [cite] [preceding] [following]
The continued parliament of the said most excellent prince Charles, by the grace of God, king of Scotland, England, France and Ireland, defender of the faith, held at Edinburgh, 2 June 1640, by the whole estates of this kingdom after-specified, convened by his majesty's special authority, along with the officers of parliament and John Milne, judge.
With the suits having been called and the court lawfully fenced.
[1640/6/2]*[print] [email] [cite] [preceding] [following]
[1640/6/3]*[print] [email] [cite] [preceding] [following]
The which day, after divine service, the whole body of the estates now convened in parliament, by his majesty's special indiction and authority, did unanimously elect and choose Robert [Balfour], lord [Balfour of] Burleigh to be president of this meeting of estates in parliament. And thereafter the said president and whole body of estates foresaid retired to the inner house from the great parliament house where, after debating, it was appointed that it should be publicly intimated in the outer parliament house and at the doors thereof that if there was any person having warrant from his majesty's commissioner, or any other person pretending voice or place in parliament who had anything to represent thereto, that they should presently appear before this high court of parliament now convened, which accordingly was executed by a clerk and a macer.
Follows the acts and other matters passed and done in this session of parliament, beginning 2 June 1640 and ending 11 June.
[1640/6/4]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering that in respect of the absence of his majesty's commissioner they are necessitated to make choice of one of their number to be president in this present session of parliament, and understanding the sufficiency of Robert, lord Burleigh for that charge, they all in one voice, with one consent, did nominate, elect and choose the said Robert, lord Burleigh to be president and to proceed in this present session and court of parliament for discussing and handling the matters to be determined therein.
[1640/6/5]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering this present parliament was indicted by his majesty for ratifying of such acts as should be concluded in the late assembly of the kirk, for determining all civil matters and settling all such things as may conduce to the public good and peace of this kirk and kingdom, and considering the several complaints of this kirk to parliaments from time to time, proceeding from her continual experience of prejudice and ruin through many persons, and specially of prelates, their attempting to voice or do anything in name of the kirk without either bearing office in the kirk or having commission from the kirk, and the acts of the late general assembly condemning the office of bishops, archbishops and other prelates and the civil power and places of kirkmen, as their voicing and riding in parliament, and craving the abolishing of these acts of parliament which grant to the kirk or kirkmen vote in parliament, to be abrogated as prejudicial to her liberties and incompatible with her spiritual nature. Considering also that there are convened in this present parliament, by his majesty's special indiction, warrant and authority, nobility, barons and burgesses, the estates of this kingdom, who have a full and undoubted power to proceed and determine in all matters concerning the public good of this kingdom and that notwithstanding of the absence of the prelates, who by former laws were appointed to be members of parliament and to the effect none presume to move any question relating thereto, the said estates now convened as said is have declared and by this act declare this present parliament held by the nobility, barons and burgesses and their commissioners, the true estates of this kingdom, to be a complete and perfect parliament and to have the same power, authority and jurisdiction as absolutely and fully as any parliament formerly has had within this kingdom in time bygone; and ordains all parliaments hereafter to be constituted and to consist only in all time coming of the noblemen, barons and burgesses as the members and three estates of parliament, and rescind and annul all former laws and acts of parliament made in favour of whatsoever bishops, archbishops, abbots, priors or other prelates or churchmen whatsoever for their riding, sitting or voicing in parliament either as churchmen or as the clergy or in name of the church, or as representing the church as a state or member of parliament by reason of their ecclesiastical offices, titles, dignities or benefices, and namely the 231st act of the 15th parliament of James VI in 1597, regarding the kirk, and specially parsons and prelates representing the third estate, and the 2nd act of the 18th parliament of King James VI in 1606, regarding the restitution of the estate of bishops and their representing the third estate, with all acts and constitutions of convention, council or session and all practices and customs whatsoever in so far as the same, or any clause thereof, tends or may be extended to the effect foresaid, as being found and declared prejudicial to the liberty of this kirk and kingdom and to the purity of the true reformed religion therein established; and prohibit all persons whatsoever to call in question the authority of this present parliament upon whatsoever pretext under the pain of treason.
[1640/6/6]*[print] [email] [cite] [preceding] [following]
We noblemen and barons and burgesses, commissioners of shires and burghs convened in this present high court of parliament by his majesty's special and solemn indiction, with all loyal respect to the king's most excellent majesty, his person and authority and with our best affections to the preservation of religion and liberties of this kirk and kingdom represented by us, do declare and make manifest that our intentions and desires are no other at this time than they have been heretofore expressed. And where his majesty at the pacification, with the advice of the councillors of both kingdoms, did declare and assure that it was his royal will and pleasure that all matters ecclesiastical should be determined by the assemblies of the kirk and matters civil by the parliament and other inferior judicatories established by law, and therefore in his royal justice was pleased to indict an assembly to be convened at Edinburgh on 12 August [1639] for settling the peace of the kirk, and a parliament to be held at Edinburgh on 26 August [1639] for ratifying the conclusions of the assembly and settling such other things as might conduce for the peace and good of the kingdom, which was the sum of our desires; and because his majesty could not in his own royal person be present in parliament, which was our earnest desire and great expectation, it pleased his majesty to send his commissioner, instructed with full power to bring matters to a final conclusion without delay and against all fears of prorogation, and because contrary to our expectation John [Stewart], earl of Traquair, his majesty's commissioner, did take upon him, without consent of the estates, upon a private warrant procured by himself against his majesty's public patent under the great seal, to prorogate the parliament to this 2 June, our duty both to king and country did constrain us to make a public declaration in face of parliament, bearing that the prorogation of the parliament without consent of the estates was against the laws and liberties of the kingdom, was without precedent, example and practice in this kingdom, and directly contrary to the articles of pacification which his majesty did constantly profess were to be inviolably observed, and therefore behoved to be ineffectual to hinder the proceeding of the parliament; and that whatsoever we might have done by the laudable example of our predecessors in the like exigency and extremity, without any just offence to authority, yet that our proceedings might be far from all appearance of giving his majesty the smallest discontent, we notwithstanding did choose to cease for that time from our public proceedings in parliament, to the which we all unanimously were the more inclined and moved to condescend by reason that as his majesty's commissioner, as he professed he was confident that his majesty would keep his royal promise and not urge any further prorogation, so did he, as aware of the great necessity of the kingdom unable to endure longer delay, seem to be so far from judging it unlawful to us to proceed at the day appointed in case we should be postponed and frustrated by new prorogations that he made often and open profession that he would join with us therein, as many of the parliament [did testify in face of parliament]†; and we resolved to do no more but to make remonstrances to his majesty of our propositions and proceedings in the time of our sitting in parliament and to leave some of our number to be our commissioners at Edinburgh to attend the return of his majesty's gracious answer to our just demands and, as occasion should require, to make remonstrances again to his majesty. And if it should happen when we had used all possible means for information that the suggestion of our enemies should prevail against all our humble and peaceable endeavours (an evil which from former experience we had reason to fear), in that case it should be no imputation to us if we should be constrained to take the most ready and lawful way as might tend to the securing of the kirk and kingdom from the extremity of confusion and misery intended and longed for by our enemies. And whereas since the emitting of that our declaration there has been great care to keep all things in peace at home, great diligence used by our commissioners sent to England the second time (being commanded to return the first time without access) to give his majesty satisfaction in rendering the reasons of our demands, a more ready receiving of his majesty's commandments (which were devised and procured by our enemies to try and tempt us) than could have been expected or could be done of us with our safety, as may appear by the garrison, arms and ammunition in the castle of Edinburgh and by materials furnished them by the town, and on the other part scandalous relations of our parliamentary proceedings have been made at the council table of England, and the benefit of hearing before the council denied to our commissioners, great violence and outrage done by the castle of Edinburgh, not only against men and buildings but women and children, our ships and goods taken at sea, and the owners stripped naked and barbarously used, a commission given for subduing and destroying of this whole kingdom, all things devised and done that may make a rupture and irreconcilable war between the two kingdoms, our commissioners hardly used while they were in England by restraints put upon them, and [John Campbell], lord Loudoun still imprisoned, no answer given to them or returned to us touching our just demands, but in place thereof a declaration given out denouncing war and provoking the other two kingdoms to come against us as traitors and rebels; and when we had patiently endured all these evils in hope of some better news at this 2 June appointed for sitting of the parliament, hearing nothing from his majesty or his majesty's commissioner or any in his name either to settle this kingdom according to the articles of pacification or to interrupt our proceedings but of a professed resolution with all speed to bring armies against us, therefore we, the estates of this kingdom now convened in parliament, for acquitting ourselves in the great trust committed to us and for preventing the utter ruin and desolation of this kirk and kingdom, and constrained in this extremity and extraordinary exigency to declare and make known that in conscience of our duty to God, this kirk, our king and country we are necessitated to take this course for remaining and abiding together in this present parliament, indicted by his majesty, and to continue and go forward therein until the matters determined by the late assembly, with the express and particular consent of his majesty's commissioner, present from the beginning to the ending thereof, be considered and ratified in parliament, and until such other business be deliberated and concluded as may best conduce to the settling of the good and peace both of kirk and kingdom, which were the express and special ends mentioned in his majesty's declaration emitted for that effect, according to our humble desires and whereupon the articles of pacification were accorded, and as in this purpose we are pressed by the present exigence of affairs and the necessity of our duty, so are we the more heartened to the same. Forasmuch as at the foresaid 2 June, to which day the continuation was only urged, there has been nothing intimated to us, being all according to his majesty's commandment solemnly convened in parliament, to signify anything of his majesty's different intentions, notwithstanding that we omitted no means which might bring us to the true knowledge thereof (as in humble duty we acknowledge it becomes us to do), for the first act of our meeting was directed to make public inquiry if any of his majesty's officers or any in his majesty's name was present, instructed with authority and warrant from his majesty to impart to the parliament now convened at the day appointed his majesty's will and pleasure, that the same might have been first of all taken to our consideration, and none appearing to make the least signification thereof, which we did humbly regret, we were in reason obliged to take this at least for a tacit consent and his majesty's presumed allowance of us to proceed. Likewise the nature of this continuation made to a certain day, as is ordinary in all other judicial continuations, evinces the same, which permits liberty and power to the judge at that day (where no other impediment intervenes or is made known) to return to the method, order and course of the business wherein it was at the time of the continuation. In respect whereof, and of the foresaid expressions made by his majesty's commissioner, we are the more strengthened to go on to a final determination in the meanwhile against all unjust suspicion and against all the calumnies and malicious speeches of our adversaries. We do, in the truth of our hearts, declare that it is far from our thoughts and minds in any sort to infringe on sovereignty or in the least touch to violate the inviolable name of his sacred majesty and kingly authority, still remembering (which is never to be forgotten by us) how straitly we are bound by the religion of our oath and the loyalty of subjection to the contrary. Likewise we make known that we have no intention to pass the bounds set by his majesty at the pacification but to keep within the same, that is to look upon the constitutions of the assembly approved by his majesty's commissioner and the necessary consequences thereof and according to his majesty's will to ratify the same for settling the distractions of the kirk and preventing the like in time coming, and next to provide for remedying the present evils of the kingdom and to establish the most necessary conclusions for the good and peace thereof, which we are very hopeful his majesty will interpret to be no other thing on our part but the receiving and making use of that benefit which his majesty in his justice and goodness has publicly granted to us and has never recalled to this day. And this, our first act of parliament, we ordain to be recorded in the registers of parliament and to be presently published to the world for our exoneration, both in satisfying such as are not acquainted with the grounds and reasons of our proceedings and for preventing the sinister or unjust and undeserved aspersions of others.
[1640/6/7]*[print] [email] [cite] [preceding] [following]
The which day the estates appoint that there shall be a committee for revising the papers formerly discussed in the articles and reporting the same to the parliament, which committee shall be of an equal number of all estates, and those of the committee shall be chosen by the whole body of the estates indiscriminately and together and not separately by each one of three estates apart; and appoints four of every one of the three estates for this committee, namely: [Archibald Campbell], earl of Argyll and [John Leslie, earl of] Rothes, [John Elphinstone], lord Balmerino and [Archibald Napier, lord] Napier for the nobility; the lairds [Sir George Stirling] of Keir, [Sir Patrick Hepburn of] Waughton, [William Drummond of] Riccarton and [Sir Thomas Hope of] Kerse for the barons; and [John Smith of Grotehill or Richard Maxwell], the commissioners of the burgh of Edinburgh, [James Fletcher, commissioner for] Dundee, [John Osborne, commissioner for] Ayr and [Master Robert Cunningham, commissioner for] Kinghorn for the burghs, whom ordains to meet and report to the parliament.
[1640/6/8]*[print] [email] [cite] [preceding] [following]
The summons and citation of the governor and soldiers of the castle of Edinburgh to the parliament was publicly read, and the estates appoint [James Graham], earl of Montrose, [John Lindsay], lord Lindsay†, [Sir William Douglas of Cavers], sheriff of Teviotdale, [Sir George Dundas], laird of Dundas, John Semple [of Stainflett] and Master Robert Barclay to revise the summons and put the same in form and order.
[1640/6/9]*[print] [email] [cite] [preceding] [following]
The estates ordain the whole body of the parliament to convene and meet tomorrow at 10 o'clock and the committee to meet in the meantime.