19 August 1641

[Instructions to the lord general for the marching of the army; remit of the committee for disbanding the army; lieutenant general given leave to attend the army]

The king being present.

After reading of the letter from the commissioners at London to [Alexander Leslie of Balgonie], general, regarding the marching of the army, together with the letter from the general to the committee for the army, the question regarding the marching of the army over the bridge of Berwick, with the opinion of the committee being represented to the king and parliament, it is agreed that it be remitted to the general either to march over the bridge of Berwick according to the agreement between our commissioners at London and the parliament of England, or otherwise that the army march over one bridge to be built above Berwick in some commodious place for that effect. And it is concluded by the parliament that one instruction be drawn to the general permitting the election hereof to his excellency at his own option to march by any of the two bridges he thinks expedient. And his majesty declared that he should cause build the said bridge and have it in readiness upon his own charges, and that he had given order relating to this already to the governor of Berwick. And it is specially agreed that, in case the bridge to be built be either insufficient, or not in readiness against the appointed time, that then the army should march along the bridge of Berwick.

Regarding the propositions made by the committee appointed for the disbanding of the army, the king's majesty and estates remit the same to the committee, whom they authorise with power and commission for that effect. With power to them to set down and conclude all instructions and orders necessary for that effect, and to grant all commissions or make proclamations only for that purpose, which shall be as sufficient as if they were done in plain parliament.

[James Livingstone, lord Almond], lieutenant general, obtained liberty to go from the parliament to attend the army in their retreat, but the whole rest of the officers of the army who are members of parliament, and also the general commissioners, are commanded to stay and attend the parliament.

  1. NAS, PA6/4, 'August 17 1641', f.1(a) v-1(b) v. Back
[Attendance of members of parliaments at committees; times of meetings of the bodies, parliament and committees]

It is agreed by his majesty and estates of parliament that all members of parliament may come and sit in any committee and that, albeit they be not named, yet they are not excluded from being present, except where depositions of parties or witnesses are taken upon oath of secrecy; in which case none to be present but those of the committee. And that the committee may call any member of parliament to them whom they please.

It is concluded by his majesty and whole estates that each estate shall meet apart by themselves at 7 o'clock in the morning and shall sit from thence to 9 o'clock; and that the whole estates and body of the parliament shall convene and meet together at 9 o'clock and sit to twelve; and that the committees shall meet at 3 o'clock in the afternoon and sit until 6 o'clock.

  1. NAS, PA6/4, 'August 17 1641', f.1(a) v-1(b) v. Back
[Committee for revising acts and articles appointed; article for pacification of the north remitted to each estate]

The estates nominate [Robert Ker], earl of Roxburghe, [David Carnegie, earl of] Southesk, [John Erskine, earl of] Mar and [Alexander Elphinstone], lord Elphinstone for the nobility, [Sir George Dundas], laird of Dundas, [Sir Thomas Myreton of] Cambo, [William Rigg of] Aithernie and [Sir Ludovic Houston of] Houston for the barons, Richard Maxwell for Edinburgh, [Patrick Bell], the commissioner of Glasgow, [John Semple of Stainflett, commissioner for] Dumbarton and [Master Robert Barclay, commissioner for] Irvine to revise all acts and articles passed or presented formerly in this parliament since the first calling thereof, that these of each estate may give account thereof to their own body, and the body to report their thoughts thereupon to the parliament if there be anything in these acts which they would have altered, added or diminished.

Article for pacification of the north read in audience of his majesty and estates, who appoint a duplicate thereof to be given to each estate that they may be advised thereupon.

  1. NAS, PA6/4, 'August 17 1641', f.1(a) v-1(b) v. Back
[Supplications of the officers of state to be taken into further consideration; member seeks to be excused; membership of committee for revising the registers continued]

Supplication by Sir John Hay [of Bara], clerk register, desiring liberty to stay at his own house and not to enter in prison according to the proclamation for two or three days in respect of his indisposition, being read in audience of his majesty and estates of parliament, who command the petitioner to obey the proclamation, but suspend the execution hereof until tomorrow. The supplicant, then exhibiting to the parliament a certificate upon oath from the physicians of his indisposal and danger of his health by imprisonment, Doctor Arnott, Doctor Kincaid or Doctor MacClure being always one, and appoint any of the said three doctors whom the supplicant pleases to call to go and consult with him. And will have consideration tomorrow of the said certificate and desire of the supplication.

Supplication by the macers of council and session, complaining that they were excluded from the parliament by [William Keith], earl Marischal, contrary to their rights and possession, read in audience of his majesty and estates of parliament, who appoint the Earl Marischal to see the same and be advised therewith until tomorrow.

[Robert Balfour], lord [Balfour of] Burleigh desired to be excused when his indisposition should force him to be absent, to which [John Elphinstone, lord Balmerino], president, answered that he was confident that the Lord Burleigh would not willingly be absent.

Appoints every estate to think upon the committee for revising the registers until tomorrow.

  1. NAS, PA6/4, 'August 17 1641', f.1(a) v-1(b) v. Back
[Overture regarding the copper coin remitted to the committee for revising the acts and articles; ratification of the acts made in this session remitted to the king]

Regarding the overture for the copper coin, remits the same to the committee nominated for revising the articles or papers presented to this parliament since the first calling thereof.

Regarding the proposition made to his majesty for ratifying the acts made in this session of parliament according to the account made to him upon Monday last by some appointed by the estates for that effect, the king's majesty declared that he would take the same to his royal consideration.

  1. NAS, PA6/4, 'August 17 1641', f.1(a) v-1(b) v. Back
[Act for a commission for hearing all accounts continued; proclamation for dispensation of the sitting of inferior judicatories delayed]

Regarding the act for granting a commission to hear all accounts etc., appoints the estates to think thereupon until tomorrow.

Appoints the proclamation for dispensation with the sitting of inferior judicatories to be ready tomorrow, including commissariats.

  1. NAS, PA6/4, 'August 17 1641', f.1(a) v-1(b) v. Back