9 August 1641

The 17th day of this session of parliament

Procedure

Rolls called and prayers said.

  1. NAS, PA2/22, f.84r. Back
  2. NAS, PA2/22, f.84v. Back
  3. Sic. Back
  4. NAS, PA2/22, f.84v-85r. Back
Warrant: to the king's advocate
Warrant for [Sir Thomas Hope of Craighall], king's advocate, his incoming and sitting in the house of parliament

The which day the desire regarding the admission of the king's advocate to sit in the house of parliament, seeing also he is advocate employed by the estates and commanded by them to concur with the rest of the procurators, being taken into consideration by the estates of parliament, they think it expedient to call the advocate into the house to sit upon the foot of the throne covered with his hat upon his head to answer what shall be demanded of him by the parliament, who declare that this warrant shall give no further privilege to him nor shall give him no voice in parliament, seeing he is only called by the parliament to sit and hear and answer when he is asked so long as they have to do with him.

  1. NAS, PA2/22, f.84r. Back
  2. NAS, PA2/22, f.84v. Back
  3. Sic. Back
  4. NAS, PA2/22, f.84v-85r. Back
Declaration
Declaration and judgment of the assembly regarding the bond, whereof their judgment was craved by the parliament

The which day Master Andrew Cant and Master John Strang, commissioners from the general assembly, compeared judicially in parliament in presence of the estates therein convened and produced the act and declaration underwritten, whereof the tenor follows: Edinburgh, 9 August 1641, act session 17, the assembly taking to their consideration the question proposed to them concerning a bond, the copy whereof was presented before them from the parliament, does find and declare that bonds of this and the like nature may not lawfully be made, by which declaration the assembly does not intend to bring any censure for what is past and by the wisdom and care of the committee of the parliament is taken away upon any person, who, being required by the moderator and clerk, shall under his hand declare before them that as the assembly does find that the subscribers are not astricted by their oath to the tenor of the said bond, so he finds himself not to be astricted by his oath to the tenor thereof, but the intention of the assembly is merely to prevent the like in time coming. Extracted out of the books of the general assembly by me, Master Archibald Johnston, clerk thereto, witnessing my sign and subscription manual. It is thus subscribed: Archibald Johnston, clerk of the church. Which declaration above-mentioned the said Master Andrew Cant and Master John Strang, commissioners sent by the general assembly, produced from the general assembly as the judgment of the assembly regarding bonds, agreeing in nature to the copy of the bond represented to the assembly by the parliament.

  1. NAS, PA2/22, f.84r. Back
  2. NAS, PA2/22, f.84v. Back
  3. Sic. Back
  4. NAS, PA2/22, f.84v-85r. Back
Legislation
Ratification of the act of exchequer made in favour of those who have engaged for the sum of 100,000 merks for the king's expenses against his coming to Scotland

The which day the estates of parliament ratify and approve the act of exchequer of the date 22 July 1641, made and set down in favour of those noblemen and others and each one of them who has given bond and security to William Dick of Braid for payment to him of the sum of 100,000 merks, with the interest thereof and penalty if any be contained in the said bond for payment thereof at Martinmas [11 November] next borrowed and uplifted from the said William Dick, for defraying the king's majesty's expenses against his coming to this kingdom in manner specified in the said act in the whole heads, articles and clauses of the same act; and declare this present general ratification thereof to be as valid and sufficient as if the foresaid act were at length and word by word inserted herein, wherewith the estates of parliament dispense for ever, and find and declare the foresaid act of exchequer of the date above-written to be a necessary act, and therefore ratify and approve the same in the whole heads, tenor and contents thereof as said is.

  1. NAS, PA2/22, f.84r. Back
  2. NAS, PA2/22, f.84v. Back
  3. Sic. Back
  4. NAS, PA2/22, f.84v-85r. Back