[A1641/5/1]*[print] [email] [cite] [preceding] [following]
At Edinburgh, 24 May 1641
[John Kennedy], earl of Cassilis, [John Lindsay], lord Lindsay†, [Sir George Dundas of] Dundas, [James Lyon of] Auldbar, Sir Thomas Nicolson [of Carnock], Richard Maxwell, John Semple [of Stainflett], Master Roger Mowat, Master Alexander Pearson, Master James Baird and Master Thomas Nicolson, advocate, procurators for the estate, and Master Adam Hepburn [of Humbie], clerk to the committee of estates, being convened by warrant from the committee of estates and from the estates now convened to consider regarding the form and manner of the continuation of the parliament at this diet thereof, 25 May instant to 15 July next, represents these particulars to the estates' consideration.
The copy of his majesty's letter for proroguing of this parliament to 15 July next differs only in this: that in the former letters there was no mention of obedience to his majesty's letters to the effect of prorogation except only in the narrative words, but in this letter there is express mention of obedience in the imperative words.
Item, there is another difference that seems not to be of great importance between his majesty's former letters and the present letter; that is that in the former letters the commissioner is named 'our commissioner' and in this letter he is named 'a commissioner'.
Therefore, it is represented to the estates whether it be fitting in respect of these two differences to keep or alter the strain of the former acts of continuation, namely: if in respect of the last difference the last protestation concerning [John Stewart, earl of] Traquair shall be inserted or omitted. The motion wherefore it should be inserted is this, because Traquair stands commissioner undischarged, or may be continued, or of new appointed. And as to the first difference regarding the imperative words of obedience, to consider whether the renewing of the act of continuation in the former terms, namely: for satisfaction of his majesty's desire without mention of peremptory obedience, and also for other reasons concerning the public known to the estates may be safe enough for preserving the liberty of the parliament not to be prorogated without their own consent; or if it be requisite that for the further security of the estates there may be a clause inserted like to this, namely: without prejudice always to the estates of parliament of their undoubted liberty to sit without prorogation unless they consent to a prorogation and that by reason that acts of prorogation of parliament are acts of parliament and no acts of parliament can be made without consent of the estates convened and sitting in plain parliament.
Item, in the words of the act of continuation, continuing all summons and actions intended or depending, with all supplications, grievances and other matters belonging to the parliament, to add these words, namely: against all parties cited or desired to be sent home to Scotland as incendiaries or cited for other crimes or causes and the former citations and continuation thereof, and this present continuation to continue in the same force, strength and effect as they were at the several days of compearance respectively to which they were cited and as if they had been called or were now called expressly upon the said several days to which they were cited respectively or upon the several days of continuation to which this parliament was continued from time to time, notwithstanding of the not calling of them publicly in judgement at none of the said days, which was in no way necessary to have been done, nor to be done, before insisting against them in respect that both they were cited to their several days of compearance, with continuation of days, and that the parliament was continued from time to time to certain other days, also with continuation of days.
Item, if the protestation be resolved to be made that one be nominated for each estate to that effect; and that the protestation be made in the terms of the former, with this alteration, namely: where it says 'our commissioner' to say 'a commissioner' and for the word 'ambiguity' to put these words 'and for eschewing of all misunderstanding which the generality of the words 'a commissioner' may imply'.
To remember to cause [Robert Balfour, lord Balfour of Burleigh], president, to intimate to the commissioner that they meet in the afternoon for [...] of certain letters against the incendiaries and for other causes.
[A1641/5/2]*[print] [email] [cite] [preceding] [following]
At Edinburgh, 24 May 1641
It was appointed that two of every one of the estates should meet with [Sir Thomas Hope of Craighall], advocate, for the public to propose and think upon business concerning the diet of the parliament and act of prorogation. And for that effect, nominate [John Kennedy], earl of Cassilis and [John Lindsay], lord Lindsay† for the noblemen, [James Lyon], laird of Auldbar and [Sir George Dundas of] Dundas for the barons, and John Semple [of Stainflett] and Richard Maxwell for the burghs who, with Master William Scott [of Clerkington], Master Adam Hepburn [of Humbie] and John Dickson, shall meet at the Earl of Cassilis's lodging this night at 9 o'clock.