30 July 1641

The 12th day of this session of parliament

Procedure

Rolls called and prayers said.

  1. NAS, PA2/22, f.79v. Back
  2. NAS, PA2/22, f.79v-80v. Back
  3. NAS, PA2/22, f.80v. Back
  4. NAS, PA2/22, f.80v. Back
  5. NAS, PA2/22, f.81r. Back
Procedure: ordinance regarding the army
Ordinance regarding the army

The instructions from the estates of parliament to the commissioners at London, concerning the commissioners' letter written to [Alexander Leslie of Balgonie], general, for disbanding the army and delay of payment of the £80,000 sterling of brotherly assistance, together with a letter from the parliament to the commissioners and another letter from the parliament to the lord general,

Being all these read in presence of the estates of parliament, the said estates approve the same (regarding the payment of the soldiers in the castle, ordain and command Stephen Boyd, merchant burgess of Edinburgh and collector of the castle rents thereof, to pay the soldiers of the castle out of the first and readiest of the castle rents), and appoint the said letters and instructions to be subscribed by [Robert Balfour, lord Balfour of Burleigh], president of the parliament, which was accordingly done, and the estates ordain [Charles Seton], earl of Dunfermline to carry the same as one very fitting above all exception.

  1. NAS, PA2/22, f.79v. Back
  2. NAS, PA2/22, f.79v-80v. Back
  3. NAS, PA2/22, f.80v. Back
  4. NAS, PA2/22, f.80v. Back
  5. NAS, PA2/22, f.81r. Back
Procedure: commission for examining witnesses at London
Commission for examination of witnesses at London upon the libel against the incendiaries

The which day the estates of parliament, now convened by his majesty's special authority, taking to their consideration the hazard of the perishing of the probation necessary to be deduced for proving of the summons, or any member or article thereof depending before them against those incendiaries cited to the parliament, and specially against John [Stewart], earl of Traquair, Sir Robert Spottiswood [of Dunipace], Sir John Hay [of Bara], clerk register, Doctor Walter Balcanquall and Master John Maxwell, sometime pretended bishop of Ross, have for preventing of that hazard given and granted and by this commission give and grant full power and commission to John [Leslie], earl of Rothes, John [Campbell], lord Loudoun, Sir Patrick Hepburn of Waughton, Sir William Douglas of Cavers, John Smith [of Grotehill], bailie of Edinburgh, and Hugh Kennedy, burgess of Ayr (or any three of them, the Earl of Rothes or the Lord Loudoun being always one of those three), with power to them to choose a clerk to examine, take and receive the oaths and depositions of William [Alexander], earl of Stirling.

And each one of them severally upon such points, heads, articles and members respectively of the said summons, and upon the several facts and crimes specified therein, and upon all interrogatories which they shall receive under the hands of [Sir Thomas Hope of Craighall], king's advocate, procurators of the estate, or any of them, in so far as they know and shall be directed at them relating thereto, and upon every particular interrogator resulting thereupon for clearing of the truth and verity thereof, and for this effect to cause them be solemnly sworn and examined upon their great oaths regarding their knowledge relating thereto to examine between the [...] day of [...] and the [...] day of [...] next. And further, because the estates are informed and understand that those persons underwritten, namely: [Henry Montagu, earl of Manchester], my lord privy seal of England, [Philip Herbert], my lord Pembroke, [Philip Wharton], my lord Wharton, [Edward Montagu], my lord Mandeville, [Henry Carey], earl of Dover, [William Laud], bishop of Canterbury, [...] are also necessary witnesses to be used in the said matter and will not be liable to compear before the said commissioners but at their pleasure, not being natives of this kingdom, therefore the said estates give full power and commission to the six commissioners above-named (or any three of them, the Earl of Rothes or the Lord Loudoun being one of three as said is) to intreat the parliament of England, or any subaltern judicatory of that kingdom, to grant and direct precepts and warrants for causing and compelling the persons above-named, or any of them, to compear before the said commissioners, or any three of them as said is, to be examined and to testify upon their great oath regarding the truth and verity of the premises or any point, member, head or article thereof, and upon their knowledge relating thereto, or otherwise to deal with the parliament of England, or any subaltern judicatory, that they would give order for examining the said witnesses (who are not natives) in the premises. And ordain the said commissioners (or any three of them, Rothes or Loudoun being one as said is) to cause the said persons to be deeply sworn upon their great oaths to testify the truth regarding the premises or any point, article or member thereof, and upon the interrogatories to be proposed and directed at them for clearing of the same. And also ordain the said commissioners, or any three of them as said is, to cause the depositions of the whole persons to be received as said is, to be authentically written, subscribed and closed by the receivers thereof, and thereafter reported with all convenient diligence to the parliament of Scotland the [...] day of [...] next, with continuation of days, that thereafter they may proceed and administer justice in the foresaid process against the incendiaries above-named as they in equity and justice shall find the same to deserve.

  1. NAS, PA2/22, f.79v. Back
  2. NAS, PA2/22, f.79v-80v. Back
  3. NAS, PA2/22, f.80v. Back
  4. NAS, PA2/22, f.80v. Back
  5. NAS, PA2/22, f.81r. Back
Order: to the keeper of Edinburgh Castle
Order of parliament to the keeper of the castle of Edinburgh regarding his carriage concerning those in the castle

The estates of parliament, having considered the petition presented by Colonel Lindsay craving direction for his carriage at this time when [James Graham], earl of Montrose's friends and advocates are to meet with him, they ordain the said Colonel Lindsay to permit no more of the Earl of Montrose's friends or advocates to come into the castle at one time than he may command and be master of with his own garrison, upon his own peril, and find no necessity that the colonel be present at the consultations of the advocates with the Earl of Montrose.

  1. NAS, PA2/22, f.79v. Back
  2. NAS, PA2/22, f.79v-80v. Back
  3. NAS, PA2/22, f.80v. Back
  4. NAS, PA2/22, f.80v. Back
  5. NAS, PA2/22, f.81r. Back
Procedure: ordinance regarding Colonel Lindsay
Ordinance regarding Colonel Lindsay his pay for keeping the castle of Edinburgh

The estates of parliament modify the sum of 200 merks Scots money monthly of pay to the said Colonel Lindsay for keeping of the castle of Edinburgh, in addition to the sum paid to him by the town of Edinburgh, and ordain the same pay to be given from the time of his entry to the castle by order from the committee of estates, whose commission granted by them to Colonel Lindsay the estates of parliament ratify and approve from the beginning and hereby renew the same commission to him; and find no necessity of payment to a minister in the castle, seeing the presbytery of Edinburgh have appointed some of their number to supply that place in the castle. And also the estates ratify and approve the power and warrant given by the committee of estates to Stephen Boyd for uplifting the castle rents of Edinburgh, and appoint and ordain the said Stephen Boyd to pay the said Colonel Lindsay and his soldiers and porters in the castle out of the said castle rents.

  1. NAS, PA2/22, f.79v. Back
  2. NAS, PA2/22, f.79v-80v. Back
  3. NAS, PA2/22, f.80v. Back
  4. NAS, PA2/22, f.80v. Back
  5. NAS, PA2/22, f.81r. Back
Order: regarding the interrogatories produced by the procurators of the estates
Order regarding the interrogatories produced by the procurators for the estates against [James Graham], earl of Montrose

It being voted in parliament by the estates thereof whether or not the Earl of Montrose should be ordained to answer to these interrogatories produced against him by the procurators of estate, in respect the same interrogatories are exhibited after his citation, the said estates find that he ought to give answer thereto.

  1. NAS, PA2/22, f.79v. Back
  2. NAS, PA2/22, f.79v-80v. Back
  3. NAS, PA2/22, f.80v. Back
  4. NAS, PA2/22, f.80v. Back
  5. NAS, PA2/22, f.81r. Back