[A1641/7/6]*[print] [email] [cite] [preceding] [following]
Articles for ordering the house of parliament
16 July 1641
1. Agrees
It is represented to the estates of parliament that none be admitted to remain in the parliament house with the estates but only the members of parliament.
2. Agrees
It is also represented that none who are admitted to remain within the house of parliament shall have any weapons except the members of parliament; and these only to have their swords if they please. Reserving to [Gilbert Hay, earl of Erroll], constable, and [William Keith, earl Marischal], marischal, and their servants their ordinary arms which they are only permitted to have at the riding days of the parliament: that is the first and last days thereof.
3. Agrees
It is also thought necessary that [Archibald Johnston of Wariston], the clerk of the assembly, and [Master Robert Dalgleish], agent for the kirk, shall be permitted to remain in and sit at the table with the clerks of parliament and their servants for attending what concerns the kirk.
And it is declared that only three depute clerks of parliament are the only number of clerks hereby allowed, with one servant to each one of them.
4. Agrees
It is likewise thought expedient for the better ordering of the house of parliament and that the members thereof may the better hear, that those seats appointed for the noblemen, which are upon either side of the throne, be advanced from the gable and side walls of the house of parliament according to the pattern set down. And that the commissioners for shires shall sit on wooden benches beneath the earls upon the east side of the throne, and the commissioners for burghs upon the west side thereof beneath the lords. And that each wooden bench be of that length as may serve 12 persons. Item, that the table for the clerks be set directly at the lower end of the wooden benches appointed for the commissioners of shires and burghs. Item, that there be likewise an empty room and rail without the bar directly opposite the throne of the height of two or three foot from the floor, for those to stand in who are cited to the parliament.
5. Agrees
Item, it is thought expedient that there be two session each day: one from 9 o'clock to 12 o'clock, another from 3 o'clock to 6 o'clock (except only on Mondays, upon the which there shall be no session but the same shall be altogether free). And on Saturdays, one session from 9 o'clock to 12 o'clock in the forenoon and no meeting in the afternoon. And that for the better keeping these diets, the sermon be appointed to end each day before nine. And that the members of parliament may the better attend and keep these diets, it is desired that a great bell may be ordained to ring a competent space at the several hours of meeting; as also that a little bell be presently hung in the parliament house to ring at the hours and diets of dissolving. And represents to the estates those who shall not keep these diets of meeting.
The roll to be called every time when the president sits down, and those who enters after the calling of the roll to pay the penalties following, namely: 18s for the nobleman, 12s for the baron, and 6s for the burgess on every occasion.
Here to insert the fines of the absents.
6. Agrees
Item, for eschewing of contest and debate and that all may hear what is spoken, it would be ordained that none speak without licence asked and granted by the president. And who be permitted to speak, that he be heard to an end without interruption. And that he who shall reply direct his speech to the president and not to the former speaker for eschewing of heat. As also that none interrupt the time of voicing.
[7.]†
8.
Item, it is thought expedient that the noblemen and commissioners of shires and burghs shall take their places as they are or shall be called by the rolls, which places to remain void in their absence. To advise until tomorrow.
9. Agrees
Item, it is represented to the estates that the whole committees of estate, as well those lords of the session who were upon the committee as the other barons and burgesses of that number, with the clerk of the committee and his colleague and the procurators for the estate nominated by the said committee, shall be permitted to come in, sit and hear.
10. Agrees
Item, it is thought expedient that all those who are permitted to remain in the parliament house and are not members of parliament shall keep their places appointed and be uncovered and silent unless they be desired to speak.
11. Agrees
Item, that a minister be appointed to attend every day for the prayer at morning and evening.
12. Agrees
Item, that order be also given to the constable and marischal of the house and their deputes to see these things put in execution so far as conserves their office.
13. Agrees
Item, it is desired that order be given for hanging of the parliament house presently, and appoints the lyon king at arms to go to the keeper of the wardrobe and cause bring hangings and the cloth of state.
14. Agrees
And that every Sabbath day a minister be appointed to preach to the members of parliament in the parliament house.
15.
Item, it is agreed by the whole estates that when an overture is proposed, every estate have 24 hours to advise the same before he be urged to answer thereto.
The two last, namely: the 12th and 13th articles added since the former, were read and agreed to.
19 July 1641
Agreed as inside in the writings.†
[A1641/7/7]*[print] [email] [cite] [preceding] [following]
Copy of [Alexander Leslie of Balgonie], the lord general's letter sent to [John Leslie], earl of Rothes
My lord,
Long since I wished that the treaty might have a speedy and happy close and that there might be nothing left in the way to hinder our march back again at the appointed time, and for this cause the commissaries of our army were directed to have all their accounts in readiness. And when these commissions for the two counties and the town of Newcastle came down, there was the like number of gentlemen belonging to the army nominated by us to join with the English commissioners for clearing and according all reckonings between us.
At their first meeting together there have such differences arisen amongst them in taking the right extent of these words, damages and losses of the country that as the English (no doubt) have for their part given notice thereof to their parliament, so these gentlemen belonging to our army have directed a letter to our commissioners to let you all know the true and undeniable grounds of such a procedure on their part, and what has already past, that your lordship and they, knowing the equity and necessity thereof, may be the more able to take away all misunderstanding and matter of debate.
And this also has given me occasion to write to your lordship at length what I conceive may be the evil consequences of this whole affair unless they be prevented in time, for although the business of the accounts comes by the by and is not so important as the great matters of the treaty, yet it will be as importunate for the time that it is in handling, and if it be not carried rightly, it is the only point wherein the English and we can differ, and whereby the treaty may be made of no effect, and this I fear the rather because your lordship may know the disposition of the gentry of these counties who are nominated for commissioners and how they stand affected to the present works of reformation the parliament has in hand, which they conceive to be the true ground of our stay here, and which they have truly in their heart as they cannot choose, being popish for the most part, and all of them favourers of the state of bishops. And for this cause, they malign us the more and are glad to catch any bone of division which may breed controversies between the parliament and us. And now they have got the opportunity (as they think) at wishes in this commission for damages, whereby both they may advantage their counties, ease the public burdens of their kingdoms and send us away empty in a worse condition than when we come out of our own country, which may be easily done if they should make the multiplied reckonings of their damages exceed the sum of the brotherly assistance which will be left in arrears behind, as they profess they will. And so they think to confirm the friendship which the parliament has so fairly and kindly begun, but I am persuaded, my lord, the honourable houses of parliament have another opinion and estimation of our services, and they know that the most part of our nobility and gentry who are in this army sustain other manner of damages than Durham and Northumberland, for the which they need never look for any reckoning or recompense but from the God of heaven. And your lordship knows, and the English may consider, that our abode so long here is not to end our own business, which might have been dispatched long ago, but that we know that the two kingdoms cannot be happy but together. And for their cause it is that our army has sustained hunger and nakedness with an invincible patience in the midst of plenty, that we might not give offence to our common adversaries and hinder this great work in the very first birth, indeed, further your lordship knows the longer we stay our burdens increase the more. And if the supposed damages of these countries turn to be our debt, which we can never allow where we had no benefit, the brotherly assistance will be offered with the one hand and taken away with the other, and we will be forced to begin as it were upon a new treaty, and when we thought ourselves in the harbour, be cast again out to a sea of difficulties. I will end this long letter and not touch upon anything that is set down in the other letter that is sent from them who are upon the accounts, because they are full and clear of themselves. Only this I desire of your lordship: to represent this business rightly to them whom it concerns, that the parliament conceive no prejudice of us who will never give them just cause, and that they may build all assurance and confidence upon these sure pledges that we have given already of our undoubted affection to the peace and good of this kingdom and for the furtherance of that great work of reformation they have in hand. For as we think ourselves obliged in conscience and honour to keep the constant tenor of our former actions to the end, so on the other part we hope the parliament will take such good order that they who lie in wait to put differences amongst us may be marked and disappointed; and that all accounts to which we are bound to answer may be so cleared that there be no place left to after reckonings, nor these fair hopes of their brotherly assistance and respects to us be blasted before we come to enjoy the expected fruit of them in due time. And this I conceive (that all means of a sweet correspondence may be still entertained amongst us) to be of greater consequence to the happiness of the whole isle and to the present train of affairs than all that these two counties and the town of Newcastle are worth were they all to be sold to a penny, for they of themselves will neither understand nor will they be thankful for the blessings of God that are before their eyes. And therefore we leave them, and take us to the judgment of the parliament, and it will be necessary that your lordship and the rest return us a speedy answer. For I rest.
Your lordships most affectionate friend and servant, it is thus subscribed: A[lexander] Leslie [of Balgonie], Newcastle, 16 July 1641
19 July 1641
Produced by [Master Adam Hepburn of] Humbie.†
[A1641/7/8]*[print] [email] [cite] [preceding] [following]
Heads whereupon to draw up a letter from the parliament to his majesty
1. To give his majesty humble thanks for his royal favour in agreeing to the treaty and resolution to come into Scotland for ratifying the same.
2. To represent the conclusion of the parliament for their necessary sitting still and abiding together, and that after the voting thereof [Charles Seton], earl of Dunfermline and [John Campbell, lord] Loudoun show that his majesty had commanded them to intimate his royal assent thereto in case it should be found necessary, but desired that their sitting should only be for preparation and accommodation of business but not to determine conclusively or prejudice any man of his just defences before his majesty's own presence. And therefore the parliament, for respect of his royal pleasure notified by his letter and the relation of the said commissioners, and for giving satisfaction to the parliament of England, and for the desire they have of the happiness of his royal presence, concluded only to sit still for preparation and accommodation of business, and not for concluding or determining matters in acts of parliament or sentences definitive (except the parliament shall find an urgent necessity for the peace and good of the country to require the same) to 17 August next, which they conceive to be a competent time that his majesty's weighty affairs and the parliament of England may be in that posture as may permit his majesty's coming to this kingdom for settling the peace thereof, which this parliament does humbly desire.
3. That the particulars proposed and demanded by the Earl of Dunfermline and Lord Loudoun are not yet advised nor answered by the parliament, except regarding the acceptation of [John Stewart], earl of Traquair's submission, which for weighty and great grounds is refused. But the parliament shall advise thereupon with all convenient diligence and accordingly acquaint his majesty with their conclusion.
4. That it may be written to his majesty and the commissioners that Traquair may be sent home to the parliament.
To remember in the first that the expression of the thanks does not import our acknowledgement of the agreement to the treaty.
To remember in the second that the draft may be so contrived as that the necessity of our affairs might suffer no delay but required greatest expedition, but for respect to the parliament of England etc. continued our concluding to 17 [August] as the longest time which our necessity could admit.
[A1641/7/9]*[print] [email] [cite] [preceding] [following]
Copy of the estates' letter to the king's majesty, 20 July 1641
Your majesty's resolution to settle what shall be agreed in the treaty and to honour this parliament with your royal presence for ratifying the same, signified to us in your majesty's letter by [Charles Seton], earl of Dunfermline and [John Campbell], lord Loudoun, has given us very great content, the performance whereof will increase our joy in establishing a hearty union and right understanding between your majesty and this your ancient native kingdom, wherein our best endeavours shall never be wanting. And although our condition urging speedy and present remedies made us resolve to sit still, yet when the Earl of Dunfermline and Lord Loudoun showed after voting that your majesty commanded them to intimate your royal assent thereto (in case we should find the exigence of our affairs to require the same), and did represent that it was your majesty's desire that matters should only be prepared and not concluded until your majesty should be present in your royal person, we did against all difficulties condescend that our sitting should only be for preparation and accommodation of business but not to conclude or determine matters in acts of parliament or sentences definitive (unless we found an urgent necessity for the peace and good of the country to require the same) to 17 August next; which, as it is the longest delay that our affairs can admit, so we resolve until then to adventure the sufferance of all extremities from our earnest design to hail the honour and happiness of your royal presence and to give satisfaction to the parliament of England. And do in the meantime humbly crave the allowance of some few days for considering the articles of the treaty and other particulars proposed by the Earl of Dunfermline and Lord Loudoun which we shall hasten in the shortest time can be for deliberation about matters of so great importance, for we have not yet gone about any particulars except the Earl of Traquair's submission, which upon good and weighty reasons we have refused to accept, and do persist in the desire made by our commissioners for remanding him to abide his trial, which we confidently expect from your majesty's justice. So we (who for avoiding multitude of subscriptions are appointed to sign these in name of all the estate of parliament) shall heartily join in the fervent prayers which from the whole body of this kingdom are sent up to God for your majesty's long and happy reign over us.