[Oath taken; president of parliament nominated; imprisonment of members of parliament without the advice of the estates]

The king being present.

The oath appointed to be taken by members of parliament, being publicly read, his majesty approved the same.†

[Robert Balfour], lord [Balfour of] Burleigh desired to be exonerated of the charge of president for many good reasons, which his majesty and estates of parliament thought reasonable. And, therefore, until further consideration be had how the president should be chosen in time coming, which his majesty is willing should be determined before his going out of the kingdom, his majesty did nominate [John Elphinstone], lord Balmerino to supply that place for the present, to the which the parliament did willingly agree.

The estates approve the Lord Burleigh's carriage in the discharge of his place of president, and ordain an exoneration thereof to be granted and drawn up at length by the clerk.

The king's majesty declares that howsoever he gave warrant for committing [Sir William Cockburn], laird of Langton, not knowing that he was a member of the house, yet his majesty for himself and his successors declares that hereafter he will not commit any member of the house without their advice for any misdemeanour in time of parliament, and ordains an act to be made hereupon and recorded in the books of parliament.

  1. NAS, PA6/4, 'August 17 1641', f.1(a) r-1(a) v. Back
  2. A duplicate set of minutes at NAS, PA6/4 'August 17 1641', f,1r, covering 17-18 August 1641, contains an additional clause as follows: 'Thereafter [James Hamilton], marquis of Hamilton, [William Douglas], earl of Morton, [John Drummond], earl of Perth, [Robert Ker], earl of Roxburghe, [William Hamilton], earl of Lanark and [Thomas MacLellan], lord Kirkcudbright subscribed the covenant, bond and oath.' Back
[Ratification of the acts of the treaty continued; petition regarding the place of usher read; continuation]

His majesty declared that, albeit he was most desirous to ratify the acts approved by the treaty and that the same might be done with expedition, yet seeing there is some scruple concerning the means, which cannot be so well cleared until the treaty be brought down, therefore his majesty, at the desire of the estates and with their consent, does continue the same until the said treaty return with the commissioners and then the same to be settled in the first place.

Petition by James Maxwell that the claims between [John Fleming], earl of Wigtown and [Sir William Cockburn], laird of Langton regarding the place of usher, wherein he has so much interest, may be remitted to the judge ordinary or else that he may be called thereto.

Appoints the next session of parliament tomorrow at 9 o'clock under the ordinary penalties and each estate to meet in the afternoon at 3 o'clock separately by themselves.

  1. NAS, PA6/4, 'August 17 1641', f.1(a) r-1(a) v. Back
  2. A duplicate set of minutes at NAS, PA6/4 'August 17 1641', f,1r, covering 17-18 August 1641, contains an additional clause as follows: 'Thereafter [James Hamilton], marquis of Hamilton, [William Douglas], earl of Morton, [John Drummond], earl of Perth, [Robert Ker], earl of Roxburghe, [William Hamilton], earl of Lanark and [Thomas MacLellan], lord Kirkcudbright subscribed the covenant, bond and oath.' Back