4 August 1641

The 14th day of this session of parliament

Procedure

Rolls called and prayer said.

  1. NAS, PA2/22, f.81r-81v. Back
  2. NAS, PA2/22, f.81v. Back
  3. NAS, PA2/22, f.82r. Back
Procedure: ordinance regarding the quorum of each committee
Ordinance regarding the quorum of each committee

The estates of parliament appoint the quorum of each committee nominated heretofore in this present parliament to be the half number of each estate nominated upon the same committees, namely: where there are six of each estate, that three of each estate be a quorum, and where there are four of each estate nominated, that two of each estate be a quorum, and so forth in all committees. And ordain this to be observed as a general rule in all committees and that the clerk observe the same in all the warrants thereof to be extracted by him.

  1. NAS, PA2/22, f.81r-81v. Back
  2. NAS, PA2/22, f.81v. Back
  3. NAS, PA2/22, f.82r. Back
Proclamation: for apprehending the incendiaries
Act and proclamation for apprehending the incendiaries

The estates of parliament, now convened by his majesty's special authority, considering that by an act of the 12th parliament of King James II in October 1455, entitled 'Of persons slandered or suspected of treason', they shall be taken and remain in confinement and their goods under sure pledges until the time they have suffered an assize, whether they be freed or foul, as the act bears, and now seeing that 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 (the five principal incendiaries) are already summoned to the parliament for treason, the said estates have thought it fitting and find that when any of the five incendiaries above-named shall come to this country, they shall be apprehended and put in ward, according to the foresaid act of parliament above-written. And for this effect the said estates, in our sovereign lord's name and authority, and in the name and authority of the estates of parliament of this kingdom, command and charge all magistrates of burghs, sheriffs of shires, bailies and stewarts and all other officers within their separate jurisdictions respectively to take and apprehend the foresaid five incendiaries above-named suspected and summoned to the parliament for treason as said is, and present them to the parliament. And also command and charge in the name and authority foresaid all and every person to whom any of the said incendiaries may or shall address themselves for shelter, to exhibit and present them to the parliament within three days, as the said magistrates and others respectively foresaid will answer to the parliament under all highest pain, and to be punished in their persons and goods as the estates of parliament shall think fitting and that as contemners of their authority and disobedient to their commands. And ordain publication to be made hereof by open proclamation at the market cross of Edinburgh by sound of trumpet and other places needful that none pretend ignorance regarding the premises.

  1. NAS, PA2/22, f.81r-81v. Back
  2. NAS, PA2/22, f.81v. Back
  3. NAS, PA2/22, f.82r. Back
Procedure: ordinance regarding witnesses in parliament
Ordinance of parliament that members of parliament may be used as witnesses in parliament

The which day the proposition made by the committee for the incendiaries to the parliament bearing these words, namely: to advise with the parliament if those who are members of parliament may be used as witnesses without prejudice of their voice as judges, wherein all those of this committee in their own opinions think that all members of parliament may be used as witnesses without prejudice of their voice as judges, being read in audience of the parliament and being voted, it is found that those who are members of parliament may be used as witnesses without prejudice of their voice as judges.

  1. NAS, PA2/22, f.81r-81v. Back
  2. NAS, PA2/22, f.81v. Back
  3. NAS, PA2/22, f.82r. Back