The final day of this session
[1640/6/63]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, having this day caused publicly read in their audience the act and decreet of forfeiture against Patrick, lord Ettrick and other commanders under him within the castle of Edinburgh for not rendering of the same castle to the said estates, according to the summons, warrant and charge given by them to him for that effect, the said estates, after the executor of the summons and witnesses had compeared judicially in the face of parliament, and upon their great oaths, declared the same was truly done as they were set down. The said estates, after voicing, did unanimously agree to the said decreet, and ordained the same to have the force and strength of an act and decreet of forfeiture of parliament, which John White, dempster, pronounced for doom but appointed [Robert Balfour], lord [Balfour of] Burleigh, president of the parliament, to keep the same unbooked for a certain space to see if obedience was given that the decreet might be deleted; which decreet was accordingly taken up by the Lord Burleigh.
Follows the tenor of the decreet of forfeiture:
In the parliament held at Edinburgh, 11 June 1640, regarding the summons, precept and charge of treason raised and executed at the instance of Robert [Balfour], lord [Balfour of] Burleigh, president of the high court of parliament presently convened by his majesty's special authority, against Patrick [Ruthven], lord Ettrick, keeper of the castle of Edinburgh, and the other commanders having charge under him within the said castle, making mention that the estates of this present parliament, considering that forasmuch as albeit by the law of nations the forts and strengths of a free kingdom are appointed for the defence thereof against enemies and strangers, and that by the laws, constitutions and customs of this kingdom the castles of Edinburgh and Dumbarton as the keys of this realm have ever been used and destined for the preservation thereof, and entrusted by the kings and estates of parliament only to the best affected natives of the same; and that by the laws both of nations and municipal, all foreign garrisons are prohibited to be put in any strengths or forts for hurting, destroying, suppressing and keeping under the natives of any free kingdom least these strengths destined for preservation of their lives and liberties should be perverted to their ruin and become instruments of slavery and subjection. Nevertheless, Patrick, lord Ettrick, keeper of the said castle of Edinburgh, and certain other persons having charge under him within the said castle, have received, admitted and maintained a garrison of strangers within the same and have used all manner of hostility against the city of Edinburgh and his majesty's good lieges going on the common highways adjacent thereto by continually shooting muskets and great ordinance out of the said castle, whereby they have killed diverse persons, both men, women and children, walking and conversing therein for their lawful affairs in sober and quiet manner, and ruined, demolished and spoiled diverse houses and tenements within the said city, as is commonly known, seen and understood by the estates of parliament. The which acts and deeds and every one of them the said estates have found and declared to be treasonable in themselves, and the said Patrick, lord Ettrick and other commanders, in doing thereof, to have deserved the pains of treason against this kingdom, and therefore ordained precepts to be directed by the president of the parliament to the lyon and his brethren, commanding them† in name of the said estates and of the said president, the said Patrick, lord Ettrick, keeper of the castle of Edinburgh, and other commanders foresaid, that immediately within 24 hours after they be charged to render and give up to the said Robert, lord Burleigh, in name of the estates, the foresaid castle and all that is within the same, to be disposed upon by the estates for the safety of the kingdom, or else to compear personally before the estates of parliament within the space above-written; with certification if they fail, the estates will proceed against them as traitors to the forfeiting of their lives, estates and lands. And regarding the charge given to the said Patrick, lord Ettrick, keeper of the castle of Edinburgh, and to the other commanders having charge under him within the same for rendering, giving over and delivering to the said president in name of the said estates of parliament as appointed by them the said castle of Edinburgh and all that is within the same, to be used by the estates as they think most fit and expedient for the good of his majesty and well and safety of this kingdom, within 24 hours next after the said charge or else to have compeared personally within the same space before the said estates and show a reasonable cause why the same should not be done, with certification that in case of their disobedience and delaying to obey the said charge within the space foresaid, that as they and every one of them had incurred and deserved the pains and punishment of treason, so the said estates would instantly proceed against them and every one of them as traitors and guilty of high treason against this state and kingdom, to the forfeiting of their lives, states and lands, only to be disposed upon by the advice and consent of the estates of parliament, and using of them otherwise as open and manifest traitors and enemies to this state and kingdom, as at more length is contained in the summons of treason and in the execution of the charge used thereupon against the said Patrick, lord Ettrick and other commanders having charge under him within the said castle. Which summons of treason, with the executions thereof, being publicly read in open and plain parliament, and the said Patrick, lord Ettrick and other commanders under him within the said castle being lawfully summoned and charged in manner and to the effect foresaid, were often times publicly called in open and plain parliament as said is, and compeared not, whereupon the estates, having taken to their consideration the grounds and reasons of the said summons of treason, with the said Patrick, lord Ettrick and other commanders under him, their disobedience and contempt of the foresaid charge used and executed against them as said is, and of the certification above-written contained therein, the said estates of parliament, convened by his majesty's authority, find that the reasons above-mentioned whereupon the summons is founded are relevant and sufficient grounds to infer declarator of treason and forfeiture against the contraveners and so find and declare that the said Patrick, lord Ettrick and other commanders having charge under him within the said castle and every one of them have incurred and deserved the pains and punishment of treason, and therefore find and declare them and every one of them to be traitors and guilty of high treason against the state and kingdom to the forfeiting of their lives, states and lands to be disposed upon by the king's majesty, by the advice and consent of the said estates of parliament, and otherwise to be used as open and manifest traitors and enemies to this state and kingdom as said is. Because the foresaid summons being found relevant by the said estates and warrant being given thereby to the lyon king at arms and his brethren heralds and pursuivants to pass to the walls of the said castle of Edinburgh or market cross thereof, having their full coats of arms openly displayed, and in name of the said estates to peremptorily command, warn and charge by sound of trumpet and public reading of the said summons the said Patrick, lord Ettrick and other commanders under him to render, give up and deliver the said castle with all that is within the same to the said Robert, lord Burleigh, in name of the said estates, within 24 hours next after the said charge or else to have compeared personally within the same space before the said estates and show a reasonable cause why the same should not be done, with certification before rehearsed; and according to the foresaid summons and warrant John Malcolm, Ross herald, and John Sawer, Carrick pursuivant, with their full coats of arms openly displayed, in name of the said estates, being approaching toward the said castle of Edinburgh upon 5 June instant, they were debarred from having access thereto by the said Patrick, lord Ettrick and other commanders under him within the same, whereupon they passed immediately thereafter upon the said day to the market cross of Edinburgh and there, having their full coats of arms displayed and in name of the said estates, they peremptorily commanded, warned and charged by sound of trumpet and public reading of the foresaid summons of treason the said Patrick, lord Ettrick, keeper of the foresaid castle of Edinburgh, and other commanders under him within the same to have rendered, given up and delivered the foresaid castle with all that is within the same or else to have compeared personally before the estates of parliament and show a reasonable cause in the contrary in manner, to the effect and with certification before rehearsed, as the said summons of treason and execution thereof bears; which execution was also intimated to David Scrymgeour, constable, in name of the said Lord Ettrick at the castle gate (because the said lord refused himself) and a copy thereof offered to him by Major Cunningham, as was verified and commonly known to the parliament. And the said Patrick, lord Ettrick and other commanders having charge under him within the said castle of Edinburgh, being so lawfully charged in manner as is before declared, and being this day often times called in open and plain parliament, they nor none of them did compear, neither to give obedience to the foresaid charge nor to show any reasonable cause wherefore they should not give obedience thereto, but failed therein as was clearly understood to the said estates of parliament. In respect whereof, and of the reasons and grounds whereupon the said summons is raised, which the estates find relevant as said is, and also find the same sufficiently instructed and proven, the said estates of parliament found that the said Patrick, lord Ettrick and other commanders having charge under him within the said castle of Edinburgh had incurred the pains and punishment of treason and declared them to be traitors in manner before rehearsed.
[1640/6/64]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh and that session thereof concluded 11 June 1640, regarding the supplication given in to the estates of parliament now convened by Robert Adair of Kinhilt, whereof the tenor follows: The humble petition of Robert Adair of Kinhilt, that where your supplicant in the beginning of this present parliament did represent to his majesty's commissioner and your honours his great suffering in the kingdom of Ireland upon occasion of his constancy in the National Covenant and the necessary services and employments undertaken by him for advancement of the common cause, for the which your said supplicant is indicted upon record and found guilty of high treason, and his estate extending to £550 sterling is now in his majesty's hands and at the deputy's disposing, as also he is debarred from his moveables and sums; all which being by your honours remitted to [John Stewart, earl of Traquair], commissioner, his diligence with the king's majesty for redress, whereof there be now little hope, that way your supplicant is forced of new to implore your honours' authority and assistance, and humbly to desire your honours seriously to think upon the most commodious and convenient way for your supplicant's present relief and for the good of his estate thereafter, lest it tend to the utter ruin of him and his house, which has continued these 300 years most loyal to the crown and country, or otherwise, if time cannot permit, to refer your petitioner's cause to some of your number to set down such overtures and remedies for his good and relief as shall be most expedient. Which supplication being read and considered by the said estates, they have recommended and hereby recommend the same, with the supplicant's desire foresaid, to the committee of estates who are appointed by an act of this present parliament to reside at Edinburgh, to be considered by the said committee and thought upon by them for giving answer to the foresaid petition accordingly as they shall find most expedient and convenient after consideration had by them thereof; for doing whereof, the said estates give hereby power and warrant to the said committee.
[1640/6/65]*[print] [email] [cite] [preceding] [following]
The estates of parliament convened as said is, having taken to their consideration the desire of the supplication of Sir John Hamilton of Redhouse, craving warrant to the committee of estates appointed to reside at Edinburgh to take the oath of verity of Sir James MacGill of Cranstoun-Riddel upon the claim to be given in against him by the said Sir John, having no other probation and may be defrauded thereof by death, the said estates remit the foresaid claim of the said Sir John Hamilton against the said Sir James MacGill for the sums contained therein and the taking of the said Sir James, his oath thereupon, to the foresaid committee of estates appointed to reside at Edinburgh, and grant full power and warrant to the said committee to the effect above-written, and to determine and give decreet in the said matter accordingly as they, after receiving and advising of the said oath, shall find just and equitable, according to the claim to be given in as said is and oath to be taken thereupon.
[1640/6/66]*[print] [email] [cite] [preceding] [following]
The estates of parliament convened as said is appoint [John Lindsay], lord Lindsay†, bailie of the regality of St Andrews, to supply everything both regarding the seal and name of direction of cockets which were done by the Archbishop of St Andrews, his seal or in his name, until some course be taken with the jurisdiction and rents of the bishopric.
[1640/6/67]*[print] [email] [cite] [preceding] [following]
The petition and claim given in to the committee residing at Edinburgh, consisting of noblemen and of the commissioners of shires and burghs, by Master William Cunningham of Brownhill against George Buchanan, fiar of that Ilk, desiring the committee to provide such remedy and take such course with the said Laird of Buchanan for the wrongs and violences done to the supplicant as they should think expedient, as the supplication purports. Which supplication being thereafter given to the said commissioners, 28 April 1640, it was then thought fit by that committee that the Laird of Buchanan should compear before them the morning thereafter, likewise the matter and parties, being upon 14 May last both personally present before the committee and desired to submit, they could not agree upon the terms of the submission, whereupon the committee then assigned to the supplicant 2 June to prove his libel and to be determined by the parliament, to whom the committee referred the same. And the same being now this day presented and given in to the estates of parliament, now convened by his majesty's special authority, and being taken by them to their consideration, the said estates of parliament remit the foresaid matter to the committee of estates appointed to reside at Edinburgh by commission and act of this present session of parliament, to be considered, tried, decided and determined by them according as they, after consideration and trial of the matter, shall find agreeable to equity and justice. For doing whereof, the said estates give power and commission to the said committee and to take all such trial and use all such means for clearing of the business and their information relating thereto as they shall think fit and expedient, and as may best serve for deciding the matter and giving forth decreet and sentence therein.
[1640/6/68]*[print] [email] [cite] [preceding] [following]
Regarding the supplication given in to the estates of parliament, now convened by his majesty's special authority, by Robert Scott of Dryhope against John, earl of Traquair, making mention of the wrongs and prejudices done by the earl to the supplicant mentioned and set down in the said supplication, and therefore desiring the estates to take the same to their consideration and take such order relating thereto as they shall think expedient, that the supplicant may be repossessed to his lands contained in the said supplication and to the taking up of the duties thereof, as the said supplication in the self purports. Which supplication being heard in audience of the said estates and the desire thereof considered by them, the said estates of parliament remit and recommend the supplication above-mentioned and desire thereof to the committee of estates appointed to reside at Edinburgh by a commission and act of this present parliament, to be considered by the said committee, with power to them to do therein as after consideration and trial taken regarding the premises they shall find expedient, lawful and equitable.
[1640/6/69]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh and that session thereof concluded 11 June 1640, compeared personally in open and plain parliament James Dawling, merchant burgess of the burgh of Queensferry and commissioner chosen by the said burgh to this present parliament, and, as commissioner for the same burgh, gave and produced the instruments and protestation underwritten, whereof the tenor follows: I, James Dawling, merchant and burgess of the burgh of Queensferry and commissioner chosen by the said burgh to this present parliament, for myself as commissioner and in name and on behalf of the provost, bailies, council and community of the said burgh take instruments in the hands of the clerk of this present parliament that at the entry of this parliament I produced my commission for Queensferry, which was then received, marked and admitted by the clerks of parliament and yet lies in their hands with the records thereof, and that according thereto I, as commissioner foresaid, have ridden, sat and voiced in this parliament as the rest of the commissioners of burghs have done, and that according to our infeftment of erection of the said burgh in a free burgh royal, after long contentious dispute against the burghs compearing and opposing before the lords of exchequer, and protest in name foresaid that the same riding, sitting and voicing foresaid may be a legal possession of the liberties of our said burgh, according to our infeftment. And after production thereof desired that the same might be publicly read for the said burgh of Queensferry and in name and on behalf of the provosts, bailies, council and community thereof, which according to the foresaid desire was publicly read in open and plain parliament and in audience thereof, whereupon James Dawling, as commissioner for the said burgh and in name and on behalf of the provost, bailies, council and community thereof, asked instruments. Likewise James Glen, merchant burgess of Linlithgow, commissioner chosen to this present parliament for the said burgh of Linlithgow, protested in the contrary of the instruments and protestation above-mentioned made and taken for Queensferry, and that the commissioner for Queensferry had neither ridden, sat nor voiced in parliament for Queensferry; and thereupon the said James Glen, commissioner for the burgh of Linlithgow, in name of the said burgh and whole burghs, asked instruments and protested in the contrary of the foresaid protestation made for Queensferry.
[1640/6/70]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering the lamentable condition of a great number of congregations lying destitute of ministers since the assembly at Edinburgh and before by the negligence of patrons and others having interest, to the great prejudice of the Gospel, therefore do require the presbyteries, with consent of the parishioners, with all diligence to plant these vacant kirks which by the oversight of any patrons whatsoever have lain six months unprovided, and ordain the lords of session to give forth sentences and letters in the ordinary form for payment of the former stipends of these kirks to such as the presbyteries shall admit or have already admitted to the office and cure of the ministry in these kirks, with consent of the parishes as said is, until the same former stipends of these kirks be changed by the laws of the country. And it is always declared that this admission standing good for the present entrants their time is and shall be without prejudice to the right of patronage belonging to his majesty or to any other kirk patron whatsoever, whensoever their kirks shall fall vacant.
[1640/6/71]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering how far the dignity, honour and authority of the high and supreme court of parliament, which is the great council of this kingdom, has been and is likely to be yet further diminished and weakened by two reasons: one is the giving of power of voicing and reasoning to proxies and procurators in absence of such as are as much tied to give their personal judgment as their personal presence, and have all these honours, riding, sitting, reasoning and voicing in parliament only conferred on them and their successors personally, so that it is as absurd that they should give power to any to reason or voice for them as to give any power to ride and to sit in their place of honour and dignity, and it might tend to the weakening and utter overthrow of parliaments; the other is the granting to strangers, having titles of honour conferred on them, without any other interest in this kingdom, power of sitting, riding, reasoning, consulting and voicing in this court of parliament, whereas none should be members of this court but such as have interest by birth, blood or inheritance within this kingdom and so may be aware of the prejudice or advantage following the laws and constitutions thereof. Therefore the said estates statute and ordain that hereafter all noblemen, namely: dukes, marquises, earls, viscounts and lords, shall give their personal presence in all parliaments and so, being personally present, reason and advise and voice, and in no way by proxies or procurators, but discharge any such procurator and commissions in all time coming; and that no persons shall hereafter have place or voice in parliament as said is but such noblemen before specified and commissioners from shires and burghs as have interest either by birth, blood or by inheritance within this kingdom and that proportional to the honour and dignity they carry, which in the least proportion for every nobleman must be 10,000 merks by year of land rent, and that notwithstanding any gifts or patents granted or to be granted to any person whatsoever. Likewise the estates foresaid make void and annul all acts and constitutions in any way derogatory to this present act.
[1640/6/72]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, make void, annul and rescind that article of the first act of the fifth parliament held by King James V of worthy memory, regarding the institution of the college of justice, bearing that the lords of council and session shall be chosen half spiritual, half temporal, and decree and ordain the whole number to be temporal and none of them spiritual, and the foresaid distinction of spiritual and temporal to be suppressed and forgotten in all time coming.
[1640/6/73]*[print] [email] [cite] [preceding] [following]
Forasmuch as the profanation of Sundays is greatly occasioned in the time of harvest by the great confluence of people to public places, such as ports or streets of towns and parish churches of countryside every Sunday from morning to preaching time for hiring shearers the week following, whereof also there arises sundry tumults, disorders, swearing, drinking and often fighting on the Sabbath day. For remedy hereof, the estates of parliament, presently convened by his majesty's special authority, refer and remit the same to be taken order with to the justices of peace and kirk sessions where the abuse shall be committed hereafter by the confluence of the said people and hiring of the said shearers upon Sundays as said is, as the said justices of peace and kirk sessions shall find the said abuses then to be committed to deserve.
[1640/6/74]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, presently convened by his majesty's special authority, are informed and understand that travelling upon Sundays and profanation of that day is greatly occasioned by the markets held weekly upon Mondays in Edinburgh, Jedburgh, Dumfries, Brechin and Glasgow, and that the lieges resorting from the country to the said markets upon the Monday are distracted from God's public worship on the Sunday, and are constrained to travel all the Sunday for keeping of the Monday markets respectively foresaid, for remedy whereof the said estates of parliament have discharged and simply discharge all markets upon Monday to be in any way kept in the burghs of Jedburgh, Dumfries and Brechin in time coming, and appoint, charge and ordain the same markets which were in time bygone kept and held weekly upon Mondays in the said burghs of Jedburgh, Dumfries and Brechin to be hereafter kept and held weekly in Jedburgh upon Tuesdays and in Dumfries and Brechin weekly upon Wednesdays. And also the said estates foresaid discharge all markets within the burgh of Glasgow to be kept or held hereafter upon Mondays for selling, buying or making market of horses or other quick bestial meal brought to Glasgow market upon Monday from burghs such as Stirling, Falkirk and other remote places where men may not come from their own houses in the morning to the hour of the market with their said commodities; item, the beer market and all craftsmen's work brought to be sold in market as well by free as unfree persons; item, all market for salt brought from the salt-pans upon the Forth; the market for salt, butter keeping, cheese and timber of all sorts which is brought up the River Clyde to the town of Glasgow, and ordain and appoint the market for the particular goods foresaid to be kept hereafter weekly within the burgh of Glasgow upon Wednesdays. And in like manner the said estates of parliament discharge all markets to be kept and held hereafter within the burgh of Edinburgh upon Mondays for wool, butter, cheese, skins, hides, shoes, and generally discharge all markets in Edinburgh upon Monday of all unfree men's work brought in to be sold in Edinburgh upon Mondays in any time hereafter, but ordain and appoint the market to these goods and merchandise particularly and generally before rehearsed to be kept and held weekly upon Wednesdays within the said burgh of Edinburgh in time coming, in the same manner and as freely in all respects as the market thereof has been kept on Mondays in times bygone. And therefore ordain the said lieges to keep and attend the said market days respectively before rehearsed as the same are now appointed to be kept within the burghs of Edinburgh, Glasgow, Dumfries, Jedburgh and Brechin, and to resort and repair thereto weekly as they shall have occasion, likewise and in the same manner as they were in use to repair to the Monday markets within the said burghs before the discharging thereof. And also ordains the magistrates of the said burghs to see the markets kept and held in their said burghs upon the days hereby appointed and that no markets be kept upon Mondays for the goods hereby discharged in time coming. And lastly, the said estates of parliament discharge and prohibit all markets and trysts to be kept hereafter upon Sundays throughout all this kingdom and discharge all the lieges from all keeping thereof upon Sunday hereafter, and ordain this act to stand in full force as a law until the next assembly, that the inconveniences redounding hereby to the lieges being represented to that assembly may consider thereof, and as they find the same sufficient they may supplicate the next ensuing parliament to rescind this act in whole or in part as after trial it shall be found hurtful to the lieges.
[1640/6/75]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by his majesty's special warrant and authority, considering that in absence of his majesty's commissioner, they being necessitated to make choice of a president and in the beginning of this session of parliament having made choice of Robert, lord Burleigh to be president in the same, therefore the estates foresaid ratify the said Robert, lord Burleigh, president foresaid, his proceedings in this session of parliament.
[1640/6/76]*[print] [email] [cite] [preceding] [following]
The article mentioned to the estates for settling and providing those under-offices and places in commissariats under the commissaries which were formerly provided by the pretended archbishops and bishops who are now abolished out of this kirk and kingdom, being considered by the estates, they, for the interim, until some course be taken regarding the jurisdiction and rents of the bishoprics, ordain those under-offices and places to be filled and provided by the commissaries during the foresaid interim, as the same shall happen to become vacant, that those judicatories be not hindered in the administration of justice to the lieges by the occasion foresaid.
[1640/6/77]*[print] [email] [cite] [preceding] [following]
The which day compeared personally in presence of the estates of parliament William Dick, provost of Edinburgh, and produced the paper and protestation, whereof the tenor follows: My lord provost takes instruments upon the reading, voicing and allowing of the act of parliament regarding the freeing of ammunition from payment of custom, and that the same is expressly extended to all ammunition brought in since the year of God 1637; and in respect he has paid to [John Stewart, earl of Traquair], my lord treasurer, the whole tack duty of the customs for the years of God 1638 and 1639, therefore he protests that he may have restitution of so much of the first and readiest of his majesty's rents and customs payable by him and the collectors thereof to my lord treasurer as will extend to the rest of the customs of ammunition brought in the said two years and whereof the protester has not got payment from the merchants and other importers of ammunition the said two years bygone. Which paper, containing the instrument and protestation above-written, produced in manner foresaid, was publicly read, voiced and admitted in parliament by the estates foresaid.
[1640/6/78]*[print] [email] [cite] [preceding] [following]
The 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, 11 June 1640 by the foresaid estates of parliament, convened by his majesty's special indiction and authority, with the other officers of parliament, namely: [John Lyon], earl of Kinghorn for [Gilbert Hay, earl of Erroll], constable, [John Leslie], earl of Rothes for [William Keith, earl Marischal], marischal, and John White, dempster, present.
The suits having been called and the court fenced as above.
[1640/6/79]*[print] [email] [cite] [preceding] [following]
The which day the foresaid estates of parliament, namely the nobility, the commissioners for the barons and the commissioners for the burghs, being present as they are enrolled, called and designed and stands marked 2 June instant, which was the first day of this session of parliament, where they ordinarily sat since that time foresaid of their convening in this session of parliament to the outer great parliament house, and being convened and sat there with [Robert Balfour, lord Balfour of Burleigh], their president, in state and order in open and plain parliament, the president and estates of parliament so convened caused publicly read in open parliament, in presence of the estates, the whole acts, both general and particular, respectively foresaid, and publicly voted the same acts and every one of them separately. Which acts so read and voted, the said estates did unanimously approve, passed the same, agreed thereto and to every one of them and ordained the same to stand and have the force of laws and acts of parliament respectively, according to the tenor thereof mentioned before in time coming, and to bear date this 11 June 1640 instant.
[1640/6/80]*[print] [email] [cite] [preceding] [following]
Thereafter the said estates of parliament, presently convened by his majesty's special authority, continue this present parliament and all matters and actions belonging thereto until 19 November next, at the which day ordain the whole estates to be present and to attend at Edinburgh, or where it shall happen the same to be appointed to be held for the time, and in the meantime declare the parliament to be current to the day foresaid; and ordain the whole acts and statutes concluded in this present session of the said parliament to stand and have the force of laws, in the same way as any acts and statutes of any preceding parliaments in any time bygone; and ordain the same to be published and printed notwithstanding of the continuation thereof to the day foresaid.
Which whole acts, with the closure and declaration of the estates of parliament after-specified, were all subscribed after the reading and voicing thereof by Robert [Balfour], lord [Balfour of] Burleigh, president of the parliament, in presence of the estates of parliament.
[1640/6/81]*[print] [email] [cite] [preceding] [following]
The said estates of parliament made this declaration after-specified, which was read, voted, passed and subscribed by [Robert Balfour, lord Balfour of Burleigh], president, in open and plain parliament before the rising thereof, namely:
The humble and continued desires of your majesty's subjects convened in parliament by your majesty's authority, these are the acts of this parliament called at first and convened again the second time by your majesty's authority, not in a common way of calling of parliaments but by your majesty's special and solemn promise in your majesty's royal declaration at the time of pacification grounded thereupon, which we now in all humility present to your majesty's view and princely consideration as containing no new thing different from our first and continued desires and serving for the preservation of our religion and laws and for settling the peace of this kirk and kingdom under your majesty's government. As it was never our mind to deny to your majesty, our native king and dread sovereign, any part of temporal and civil obedience, so do we now, all of us with one heart and voice, testify to your majesty before the world, against the open railings and secret suggestions of our enemies, that we account no earthly thing so desirable as to have the happiness of enjoying this peace under the long and prosperous reign of your majesty and your royal successors in whom we have so great and kindly interest, and therefore, as it has been our care and diligence to keep ourselves within the bounds of moderation (as if your majesty's throne standing before our eyes had been filled and we honoured with your majesty's personal presence), enacting nothing but the ratification of the constitutions of the late assembly approved by your majesty's commissioner and such other things as do conduce for your majesty's honour and the good and peace of the kingdom, and making no kind of alteration but such as either by unavoidable necessity and by strength of the matter itself was originated and derived from the acts of the assembly and without which they could not be ratified according to your majesty's declaration or according to the laws were most necessary for the preservation of our religion and liberties in time coming, so it is now our humble petition and confident expectation that your majesty will judge equally of the proceedings of your loyal and well meaning subjects, and will account of these acts as your majesty's own laws since they have been presented with their particular reasons to your majesty's examination by our commissioners and nothing remonstrated to us against the equity and necessity of them, and since they are concluded in parliament after one prorogation convened by your majesty, for this effect we had been inexcusable and could neither have answered to God Almighty nor to your majesty, his vicegerent, for our good if we had not in the extreme exigence of this kirk and kingdom made use of the liberty which by his divine providence and your majesty's authority and permission was put in our hands. When your majesty shall be graciously pleased to command these acts to be published in your own name as our sovereign lord, with the estates of parliament convened by your majesty's authority, when [John Campbell], lord Loudoun, one of our commissioners sent from the parliament upon your majesty's warrant, shall be returned in safety, the castle of Edinburgh and other strengths of the kingdom shall, with the advice of the estates, according to their first foundation, be furnished and used for our defence and security, some of our countrymen in your majesty's other dominions shall be free from censure for subscribing the covenant and be no more pressed with oaths and subscriptions unwarranted by our laws and contrary to our National Oath and Covenant approved by your majesty, others of them who have been wicked instruments to work us all our woe and to divide between your majesty and the kingdom shall be sent hither and put to a trial according to the laws, our ships and goods, soldiers and others imprisoned restored, and our losses and wrongs which all this time we have sustained repaired, declarations against us as traitors recalled, and when your majesty shall be pleased to condescend to a stable and well grounded peace for our enjoying of our religion and liberties against all fears of molestation, then will the real testimonies and royal proofs of your majesty's justice and goodness be so strong bonds of love and invincible chains to tie our hearts that never was there a people more obsequious to a king nor a king more contented and happy in a people. And why shall we not think that your majesty will regard the sound judgement and unfeigned affection of a whole kingdom above the opinion and self love of a few malcontents who are at discord with the times and account your majesty's danger and dishonour and our common calamities to be a mitigation of their justly deserved miseries? Why shall we not hope that your majesty's wisdom will judge it more convenient to bestow your royal favour upon this whole kingdom wherein every one of us may have our own benefit than upon some few persons who, by their intervention, make an eclipse of your majesty's countenance and goodness at so great a distance? And why shall not an obedient people that curse all rebellion and treason to hell where it is hatched look for better days when this storm is blown over, wherein God may have his own glory, your majesty as much honour as a good king can require, and we, your majesty's subjects, that peace and happiness which may make us heartily pray for the long and prosperous reign of our native king and monarch?
After divine service by preaching, prayers and thanksgiving the parliament rose and so this session was concluded as above.