At Edinburgh, 13 April 1641

To the which day and place the parliament was continued by the last act of continuation thereof, dated 14 January 1641.

The 17th day of parliament

Procedure: opening of the session

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, 13 April 1641 foresaid by the estates of parliament, namely: the noblemen, the commissioners for the barons and the commissioners for the burghs underwritten, along with the officers of parliament, namely: [George Gordon], lord Gordon for [Gilbert Hay, earl of Erroll], constable, [William Forbes], master of Forbes for [William Keith, earl Marischal], marischal, and John White, dempster, present.

The suits having been called and the court fenced at last.

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Sederunt
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Procedure: election of Robert Balfour, lord Balfour of Burleigh to be president of the parliament
Act regarding the election of Robert [Balfour], lord [Balfour of] Burleigh to be president of this meeting of estates in parliament

The estates of parliament, presently convened by his majesty's special authority, this 13 April 1641, to the which day the parliament was continued by the last act of continuation thereof, the date 14 January 1641, did unanimously elect and choose Robert, lord Burleigh to be president of this their meeting of estates in parliament.

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  3. NAS, PA2/22, f.61v. Back
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Letter: king's letter to parliament and protests against
Instruments upon production of the king's letter and protestation for the estates

The which day compeared personally, in presence of the estates of parliament convened in parliament, Sir Thomas Hope of Craighall, knight, his majesty's advocate, and delivered to the said Robert [Balfour], lord [Balfour of] Burleigh, president chosen to this meeting of estates in parliament, a letter from his sacred majesty to the noblemen, barons, commissioners of shires and burghs of his majesty's parliament in Scotland, which the said lord president received in all humility and caused to be publicly read in presence of the estates now convened, whereof the tenor follows: Charles Rex. Right trusty and well-beloved cousins and councillors, right trusty and well-beloved cousins, right trusty and well-beloved councillors, right trusty and well-beloved, trusty and trusty and well-beloved councillors, we greet you well. Whereas formerly by our letters we were pleased to require you to prorogate the parliament of that our kingdom until 13 April next, your ready obedience in performance thereof as we cannot but take well at your hands, so we give you hearty thanks for the same. And now, as then, seeing for very considerable and intervening weighty occasions, we neither in our royal person nor by our commissioner can conveniently be present at the said day it is again our pleasure that you continue and prorogue the parliament to 25 May next, with continuation of days, to the end we may in the meantime the better dispose of such affairs here as may most conduce to the good of our service and settling of a firm and constant peace between both kingdoms, which seriously recommending to your cares, we bid you farewell. From our court at Whitehall, 23 March 1641 in the Scottish writing style. Upon production and reading whereof, and inserting of the tenor of the same letter in manner above-written, the king's majesty's advocate asked instruments.

And immediately thereafter [John Erskine], earl of Mar, in name of the noblemen, Sir John Hamilton of Preston, in name of the commissioners of shires, and Master Alexander Jaffray [of Kingswells], commissioner for the burgh of Aberdeen, in name of the commissioners of burghs, protested that the naming of his majesty's commissioner designed in the foresaid letter 'our commissioner' shall in no way import acknowledgement upon the part of the estates that [John Stewart], earl of Traquair, late commissioner, is in any way understood to be that commissioner whom his majesty terms by the name of 'our commissioner', by reason he is indicted to the parliament as an incendiary or for certain other crimes, and declared that this protestation they make out of an assured confidence of his majesty's justice and goodness that his majesty's naming of 'our commissioner' did not nor in any way does point at the said Earl of Traquair as commissioner, and for eschewing ambiguity in the word 'our commissioner' contained in the letter, and that in all humility and without intention of offence to his majesty, which protestation the said estates have admitted and admit.

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Procedure: continuation of parliament
Act regarding the continuation of the parliament to 25 May 1641, with continuation of days

The estates of parliament, presently convened by his majesty's special authority, continue this present parliament and all summons and actions intended or depending, with all supplications, grievances and other matters belonging to the foresaid parliament, to 25 May next, with continuation of days; and that for satisfaction of his majesty's gracious desire signified by his majesty's letter directed to the estates to that effect, bearing date 23 March 1641, and also for sundry grave and weighty considerations concerning the well of the estate, kirk and kingdom known by the estates, at the which 25 May next ordain the whole estates to be present and to attend at Edinburgh or where it shall happen the same to be held for the time, without prejudice always of the power granted to the committees of estate contained in the act of this present parliament made relating thereto, dated 11 June last, and mentioned in the two last acts of continuation thereof, the one bearing date 19 November 1640 and the other 14 January 1641. And in the meantime the estates declare the said parliament to be current to the effect above-written to the day foresaid, with continuation of days, and ordain the whole acts and statutes made and concluded in plain parliament in that session thereof in June past, together with all former acts of continuation made by the said estates, to stand and have the force and strength of laws and acts, according to the tenors thereof, in the same way as any acts or statutes of any preceding parliaments in any time bygone, and namely (without prejudice of the generality foresaid) the act of the committee of estates to stand in full force in all the clauses thereof until it be discharged by the estates, and ordain the foresaid acts, with the act of election of Robert [Balfour], lord [Balfour of] Burleigh to be president at this meeting of estates, together with this present act of continuation, to be published and printed according to the last act of continuation of the date foresaid, notwithstanding of this present continuation of the parliament, to the day above-written.

The continuation of the parliament to the day foresaid was intimated by a macer of parliament to the whole estates and all others, his majesty's lieges, whereupon the said Robert, lord Burleigh, president of the parliament, in name of the estates, asked instruments.

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