The 10th day of this session of parliament
[1641/7/39]*[print] [email] [cite] [preceding] [following]
Rolls called and prayers said.
The which day the estates of parliament now convened in parliament, having taken to their consideration that the commissioners appointed by the committee of estates for the treaty by their instructions are appointed not to end anything in the treaty by subscription without consent of both committees, as also that the quorum of the commissioners are ordained by their commission to be seven, and herewith also considering that the power of the committee now ceases in respect of the present sitting of the parliament, and that the said estates have likewise retrenched the number of the commissioners to two for each estate, namely: [John Leslie], earl of Rothes and [John Campbell], lord Loudoun for the nobility, Sir Patrick Hepburn of Waughton and Sir William Douglas of Cavers for the barons, and John Smith [of Grotehill], burgess of Edinburgh, and Hugh Kennedy, burgess of Ayr, for the burghs, therefore, and for the more speedy concluding of the foresaid treaty, the said estates give and grant full power and warrant to the said six commissioners above-named, or any five of them, to consult, advise, determine and conclude the articles of the treaty according to the instructions subscribed by [Robert Balfour, lord Balfour of Burleigh], president of the parliament, and delivered to the Lord Loudoun and to the articles of the treaty also delivered to the said Lord Loudoun, and marked and subscribed upon every battering† thereof by the clerk of the parliament. And at the ending and concluding of the same articles, the said estates give full power and warrant to the said six commissioners above-named, or any five of them, to subscribe the said articles of treaty being agreed and concluded by them, according to the instructions foresaid, whose consent and subscription thereof the estates of parliament declare to be as valid and effectual as if the same were subscribed by the whole estates themselves, and that the estates shall ratify the same in parliament, the said articles of treaty so subscribed and concluded being always ratified in the parliament of England. And also the said estates of parliament ratify and approve that which the commissioners contained in the said former commission granted by the committees of estate to them have done regarding the said treaty, according to their commission and instructions granted by the said committees of estate to them relating thereto, whereof the estates of parliament do allow and hereby approve the same, and ordain this their warrant and commission above-written to be subscribed by the president and clerk of this present parliament for and in name of the whole estates, and being so subscribed declare the same to be as sufficient and effectual as if this warrant was subscribed by the whole estates.
[1641/7/40]*[print] [email] [cite] [preceding] [following]
The estates now taking to their consideration that in this time of the assembly there cannot conveniently be two sessions of parliament in the day in respect that many members of the parliament are also members of the assembly, therefore the estates think it fitting that there be only one session of parliament every day time about and in turns with the assembly in case the assembly shall likewise find it expedient.
[1641/7/41]*[print] [email] [cite] [preceding] [following]
It being voted when and how [James Graham], earl of Montrose, [Archibald Napier], lord Napier and [Sir George Stirling], laird of Keir shall be heard to speak before the parliament according to their former desire,
It is appointed that they shall be heard this afternoon and during their hearing shall stand in the floor between the throne and the clerks' table.
[1641/7/42]*[print] [email] [cite] [preceding] [following]
Regarding the petition given in by [Andrew Fraser], lord Fraser craving warrant to the macers or messengers to sit for deducing and comprising [...], the estates of parliament grant the same.
[1641/7/43]*[print] [email] [cite] [preceding] [following]
Rolls called and prayers said.
The estates of parliament refuse to meddle with the same as a matter already examined by the judge ordinary, to whose sentence they remit the supplicant.
[1641/7/44]*[print] [email] [cite] [preceding] [following]
[James Graham], earl of Montrose, being heard in presence of the lords of parliament, declared that he formerly desired to be heard to know the command or pleasure of the estates, to which he should endeavour to give satisfaction to the full as near as he could.
The estates, being advised therewith, declare that this hearing being granted to him upon his supplication often presented and pressed in parliament, it is permitted to him by the estates to say what he thinks fitting to propose to them. Which being intimated to the earl, the Earl of Montrose declared that albeit some great imputations be laid to his charge, yet he is so confident of his own innocency that he will not deprecate but supplicate for justice and trial.
The estates, having advised therewith, declare they will take to their consideration what course they will next take regarding this and in the meantime command my lord to return to the castle.
And this being pronounced to the Earl of Montrose he declared that in all humility he received the sentence of the parliament and expected confidently justice in all their proceedings, being hopeful to clear his own innocency.
It being voted to what day the Earl of Montrose should be summoned, whether upon 21 days, 8 days or more or less, the estates appoint the citation to be given upon 15 days, which they find sufficient.
[1641/7/45]*[print] [email] [cite] [preceding] [following]
[Archibald Napier], lord Napier being heard upon his supplication, declared he had done nothing against the law of God or nations or municipal law, and if the contrary should be tried, he submitted himself in all humility to the censure of the parliament, but desired them to be careful in their proceeding that nothing may be done derogatory to the glory of this nation.
Whereupon the estates remanded him back again to the castle until he be insisted against according to justice.
[1641/7/46]*[print] [email] [cite] [preceding] [following]
It being voted, it is found by the estates that Sir Archibald Stewart of Blackhall shall be committed to the castle, and accordingly a warrant was subscribed by [Robert Balfour, lord Balfour of Burleigh], president of the parliament, for that effect.
[1641/7/47]*[print] [email] [cite] [preceding] [following]
[Sir George Stirling], laird of Keir, being called in presence of the parliament, declared that ever since the beginning he had heartily joined in the good cause and had never swerved from the straight way of advancing the same, and if any suspicion be now against him he hopes to purge himself thereof, and in the meantime desires the estates to suspend any prejudicial opinion of him until he be tried, and craved that when summons shall be given against him liberty may be granted to him to meet with [James Graham], earl of Montrose and [Archibald Napier], lord Napier that they may advise upon their common defence.
The estates declare they will proceed legally according to justice and when, after citation, any supplication shall be exhibited, the same shall receive answer.
[1641/7/48]*[print] [email] [cite] [preceding] [following]
The estates appoint their meeting now in the time of the assembly to be at 3 o'clock after noon and from that to 7 o'clock.
[1641/7/49]*[print] [email] [cite] [preceding] [following]
The estates grant dispensation to the justice to sit upon the assize of William Fraser for the murder of Edward Scola, according to the supplication given in by Jean Currour to the parliament craving the same.
[1641/7/50]*[print] [email] [cite] [preceding] [following]
Regarding the supplication given in to the parliament by [Francis Scott], earl of Buccleuch, craving that Lieutenant Colonel [Robert] Home may be discharged to uplift the teinds of the parish of Watstirker,
The estates grant the desire foresaid of the said supplication.