To the which day and place the parliament was prorogated by the last act of continuation thereof, dated 15 May 1641.
On the first day of this session of parliament
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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 by virtue of his majesty's special indiction and authority by the estates of this kingdom, namely: the noblemen, the commissioners for the barons and the commissioners for the burghs after-mentioned, along with the officers of parliament, namely: [John Lyon], earl of Kinghorn for [Gilbert Hay, earl of Erroll], constable, and [John Erskine], earl of Mar 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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The which day, the foresaid whole estates being convened in plain parliament and divine service being done, the said estates did unanimously elect and choose Robert [Balfour], lord [Balfour of] Burleigh to be president of this their meeting of estates in parliament.
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Thereafter [Charles Seton], earl of Dunfermline and [John Campbell], lord Loudoun, in presence of the said estates, delivered to [Sir Thomas Hope of Craighall], my lord advocate, his majesty's letter directed to the estates of parliament, who did exhibit the same to [Robert Balfour, lord Balfour of Burleigh], president of the parliament, and thereupon took instruments, which letter was read in the hearing of the whole parliament, whereof the tenor follows: Charles Rex. Right trusty and right well-beloved cousins and councillors, right trusty and right well-beloved cousins, right trusty and well-beloved councillors, right trusty and well-beloved, trusty and well-beloved councillors and trusty and well-beloved, we greet you well. As our agreeing to the treaty shows our willingness to satisfy your desires, so was it our resolution for ratifying thereof to have held the parliament on 15 July in our own person without any further delay, nor could any entreaty which has been very earnest, nor the importance of affairs here, divert us from keeping our royal word and promise to you, but have referred the time of our journey from hence and the time of prorogation of our parliament there to your own discretion, not doubting but you will give such a discreet and respective answer as may stand with our honour and the good of both kingdoms. And therefore we desire you to prorogue it to such a day as we may be timely advertised and as near as may be to give the parliament of England satisfaction that we may conveniently repair thither. Those of your commissioners who are returned home we hope will make particularly known to you how desirous we are to have the peace of that our ancient kingdom established that in all times to come there may be a cordial union and right understanding between us and our people, which is the true and wished end of our coming amongst you, from which resolution nothing shall dissuade us if we shall find from you such a dutiful meeting as we do confidently expect and is due to us from our native subjects, so we bid you farewell. From our court at Whitehall, 30 June 1641. And thereafter the Earl of Dunfermline and the Lord Loudoun, to whose trust (as his majesty's letter foresaid does purport) the king did commit the relation of his sincere and constant affection to his native kingdom, desired to be heard, which being granted, the Lord Loudoun did in a most humble and dutiful way express that his majesty, out of his royal care and tender affection to this his native and ancient kingdom, intends to settle a firm and durable peace both in the church and state and that the real intention and true end of his majesty's coming to Scotland is to establish religion and righteousness in the land, that (all distractions being removed) there may in all times to come be a right understanding and cordial unity between his majesty and his people, which is so heartily wished by his majesty as he will not harken to any divisive motion or misinformation which may in any sort breed discord or be a hindrance of that happy harmony and durable peace.
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And that his majesty's gracious favour and bounty may shine more clearly and be the more comfortable when it is extended and applied to the particulars which may conduce for the good of the kirk and kingdom, the said [John Campbell], lord Loudoun did relate some particular testimonies of his majesty's affection and respect to both.
1. He did declare that it is his majesty's royal resolution to maintain the religion and church government of Scotland as it is established by the late assemblies inviolably, without intention of change or alteration.
2. That his majesty is graciously pleased that such churches and stipends of ministers as have not been taken into the consideration of former commissions shall by a new commission be considered, that the teinds of these parishes may be settled according to the order which was formerly taken, and that the ministers' stipends of these kirks may be augmented.
3. Concerning the presentations of ministers to kirks whereof his majesty is patron, his majesty out of his pious disposition intends to take such order by the advice of the general assembly and his council that men of best gifts and qualification may be presented to these churches.
4. Because the colleges and universities are the seminaries of learning, and that they may be the more able to breed men in the way of knowledge and virtue, fit for the service of church and state, his majesty intends to grant some supply to them out of the rents of the late bishops, and for the government of the church that all matters ecclesiastical shall be judged by the general assemblies and other subordinate assemblies of the church.
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It is his majesty's royal resolution to govern his people according to the fundamental laws of the kingdom and that all matters civil shall be judged by parliaments and other inferior courts of justice established by the law of this kingdom.
It is his majesty's intention at his being here to command the council, session and other courts of justice to be patent and administer justice equally to all men.
His majesty intends to ratify the treaty of peace in the parliament of England before his coming down, and to ratify the same in the parliament of Scotland at the next ensuing session thereof, but because kindness cannot stand on the one side alone, his majesty expects mutual retribution of thankfulness from his parliament as that, upon his royal and real performance of these favours to this kirk and kingdom, the parliament will give the demonstration of the dutiful respect to his majesty in not denying some few desires which his majesty conceives may serve for his honour and is no prejudice to the kingdom. Upon which terms he did intimate the former expressions of his majesty's royal favour and did immediately relate his majesty's desires hereto subjoined.
1. Concerning the election of officers of state, councillors and session, he did declare that his majesty desires and expects that they would acquiesce and condescend to that answer given by his majesty in the treaty and accept the same as fittest for his majesty's honour and their just satisfaction.
2. Because [John Stewart], earl of Traquair had the honour to be his majesty's high commissioner, and may possibly in the pursuance of his commission and instructions have committed or omitted some things which is displeasing to them, yet, because the king conceives that what he has done having relation to his commission or royal warrants may in some sort reflect upon his majesty's self in point of honour, desires and expects (seeing all matters now are to take a peaceable closure) that his submission will be accepted for whatsoever the said earl has done having relation to his majesty's commission or instructions and for anything else which can be laid to his charge, and particularly for what [Lieutenant Colonel] Walter Stewart has testified against him he is most willing to answer before the king and the parliament. And the said [Charles Seton], earl of Dunfermline and [John Campbell], lord Loudoun did exhibit a copy of a submission from the Earl of Traquair, whereof they said the king had the principal, and if the same was acceptable to the parliament (as they hoped it would) the principal will be sent to them in all haste, and if they would grant his majesty's desire, he will take it as a very good demonstration of the affection of his people and as a singular testimony of the parliament's respect to his majesty.
My behaviour towards the incendiaries in general and particularly toward the Earl of Traquair is so well-known to all who know me and the way I have ever kept in the trust your lordships were pleased to lay upon me, as I hope what I have spoken concerning him will meet with that favourable construction, as your lordships will believe it is for the king's satisfaction and that wherein his majesty conceives his own honour to be concerned and that there may be a greater complacency between the king and his subjects, and not for any particular respect to the Earl of Traquair nor end of my own, for I protest I never had nor have any before my eyes but the good of the public, nor did I undertake nor am engaged to do anything for him but to represent to your lordships clearly his majesty's pleasure as being commanded to deal earnestly that your lordships and the estates of parliament may take the same to your serious consideration.
3. His majesty expects that all others cited to the parliament and not guilty of great and extraordinary crimes, but have only left the country and adhered to his majesty's way, shall at this time be past from.
4. Seeing all things necessary for the peace of the church and kingdom, after full debate, upon mature deliberation, are agreed to in the treaty, his majesty expects that special care will be had that no new thing be urged in the parliament which may be derogatory to his majesty's honour, benefit or his regal power, which they are all sworn to maintain. And did conclude his relation with an earnest persuasive desire that seeing his majesty does esteem the prosperity of his subjects to be his greatest content and the having the hearts and affections of his people to be his chief treasure, that the peers and others assembled in this parliamentary meeting by his majesty's royal warrant would, out of the sense of his royal benignity, endeavour to give that testimony both to him and to the world which may convince all their adversaries of their loyalty and that high estimation which is due to be paid by us to the person and authority of our native king.
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Thereafter [Charles Seton], earl of Dunfermline and [John Campbell], lord Loudoun desired to have the votes of the estates for prorogating the parliament, and to what day, which being put to voting it was found by the estates that the present necessity of the kingdom required that they should sit still and not prorogate, and declared that they would by their own letter to his majesty express the particular causes and reasons of the necessity of their sitting, which they trusted his majesty would allow of. But the Lord Loudoun arose and immediately told that the prorogation of the parliament did in no way proceed from his majesty's own desire of delay, who was most willing and desirous to have kept this time, but that both his majesty's stay and desire to have our parliament adjourned was moved by the parliament of England, as did appear by his majesty's letter and the papers given in by the parliament of England to our commissioners of the treaty, and therefore told that his majesty inclined so much to satisfy their just desires as that he had by a particular instruction allowed of their sitting if they were unwilling to adjourn and that the necessity of the affairs of this kingdom should necessarily require their sitting still, but that his majesty desired and did expect that they will not proceed to any sentence, act or determination until his majesty's own coming, and thereupon craved the vote of the estates. Which being put to voting, it was uniformly found and declared that nothing shall be done before 17 August by act, sentence or determination but only to prepare, accommodate and ripen the business of the parliament to the said day, except in case any such occasion occur which the parliament shall find to concern the public good and peace of the kingdom and present necessity thereof.
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Upon the which premises, [Charles Seton], earl of Dunfermline, [John Campbell], lord Loudoun and [Sir Thomas Hope of Craighall], the king's majesty's advocate, who concurred with them regarding the relation and desires respectively before rehearsed, asked instruments.
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[William Cunningham], earl of Glencairn, at the time when the noblemen were voting, produced a supplication acclaiming precedency before [James Graham], earl of Montrose, [Alexander Montgomery, earl of] Eglinton, [John Kennedy, earl of] Cassilis and [George Sinclair, earl of] Caithness, who had been ranked before him in preceding rolls.
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The estates of parliament, having taken the desire of the Earl of Glencairn's supplication to their consideration, find and declare that William, earl of Glencairn, his sitting and voicing in parliament at this time shall in no way be prejudicial to him in the right of his place whensoever he shall intend pursuit for the same before any judge competent, and also that this answer or reference shall not in any sort prejudice those other noblemen or any of them in their rights or possession and just defence of the same according to the law.
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In respect the parliament has now resolved to sit still, it is the humble motion of [Archibald Campbell], earl of Argyll that seeing there are many matters already proposed which require a competent time for preparation, that therefore it may be declared that no other thing be taken to consideration before 10 August, or any such competent time, that may concern any particular estate without consent of the estate so interested.
It being voted, the estates agree and declare that they will sit still only for preparation and accommodation of business and not for concluding or determining matters in acts of parliament or sentences definitive before 17 August next, unless the parliament shall find an urgent necessity for the peace and good of the country to require the same.
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This afternoon the indictment against [John Stewart], earl of Traquair was publicly read until 9 o'clock at night.