[A1641/8/23]*[print] [email] [cite] [preceding] [following]
Act containing the form and words to be prefixed and subjoined to the exemplification of the treaty under the great seal
'Charles, by the grace of God, king of Scotland, England, France and Ireland and defender of the faith, to all and singular those to whose notice these present letters shall come, greeting'. Hereafter to insert the act of parliament containing therein the act of pacification word for word, and thereafter to subjoin the words following: 'In testimony of which matter we have commanded our great seal to be appended to the present letters. At Edinburgh on 26 August 1641 and 17th year of our reign'.
3 September 1641
According to the which words, [Sir John Scott of Scotstarvit], director of the chancellery, is to write the ratification of the articles of the treaty and the great seal, and thereafter to be registered. Concerning which, this order shall be to him a sufficient warrant.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament
[A1641/8/24]*[print] [email] [cite] [preceding] [following]
3 September 1641
At the meeting of the nobility
[James Stewart], duke of Lennox represented that his majesty desired that the 12 of each estate who were nominated for the great committee might attend his majesty this morning. Which being intimated to the other two estates, all the committee above-written went to his majesty, who delivered to each estate a paper of his answer to that demand in the treaty regarding the choosing of the officers of state, council and session. Wherewith the nobility being advised, after debating and voicing among themselves, they found by way of opinion that the paper produced by his majesty is satisfactory to the demand in the treaty.
[A1641/8/25]*[print] [email] [cite] [preceding] [following]
The king's majesty answer, 3 September 1641
Whereas there is an article in the treaty regarding the placing of officers of state, councillors and sessioners, whereof the answer was remitted to the determination of us and this parliament, we, willing to give this our native kingdom all satisfaction possible that fit and qualified persons shall ever fill those places, and therefore considering that our residence (because of our great affairs) will be more ordinary in England than here, whereby the qualification of persons may not at all times be so well-known to us, therefore we are pleased to declare for ourselves and our successors that we will nominate and make choice of such able and qualified persons as shall be fittest for our service and may give most contentment to the parliaments. Which nomination and choice we will make with the advice and approbation of the parliaments during their sitting. And in the intervals between parliaments, we will choose and nominate officers of state and councillors with the advice and approbation of the council, all of which number being timeously warned to meet relating thereto. And so the sessioners, with their advice and approbation. And the officers of state, councillors and lords of session shall be provided for life and they all shall be liable to the censure of us and the parliament.
[A1641/8/26]*[print] [email] [cite] [preceding] [following]
Regarding the paper given by his majesty to the estates of parliament, the barons acknowledge the same to be satisfactory to their desires in one great part, and do with all their hearts give his majesty thanks for the same and withal desire the articles following to be considered by his majesty:
1. That the said declaration be made by his majesty, with advice and consent of the estates of parliament, as being the determination of that demand which by the treaty was referred to their determination.
2. Because his majesty has declared that he will nominate and choose with advice and approbation of parliaments, therefore it is desired that the way of parliament's advice in the nomination and choosing may be cleared and the manner thereof expressed.
3. That these words may be added: 'all of that number being called upon 15 days and the most part of the whole number of councillors voicing and consenting to the nomination and election'.
4. And so the sessioners, with advice and approbation of the lords of session: memorandum regarding this article.
5. That the officers of state, councillors and sessioners chosen in the interval between parliaments may have their places only until the next parliament, at the which time they may either be approved or changed as the parliament shall think expedient.
6. That the agreement to his majesty's declaration with the additions foresaid is always to be understood with this condition: that the propositions contained in the other paper presented to his majesty regarding the present election be likewise agreed to.
[A1641/8/27]*[print] [email] [cite] [preceding] [following]
The estate of burghs render his majesty humble and hearty thanks for his majesty's gracious declaration given in writing to them on 3 September instant and humbly craves:
1. That his majesty would be pleased that this his declaration may pass in one ordinary way and form of an act of parliament.
2. That these words 'to fill these places' be as well expressed in the declarative part as in the narrative.
3. That in these his majesty's words 'that he will nominate and make choice of such able and qualified persons with the advice and approbation of the parliament', the burghs' judgment is that the present practice will give much clearing to the foresaid expression.
4. The burghs think it expedient that in the calling of the council for their advice and approbation in the nomination and election of officers of state and councillors, that the whole council should be lawfully called upon 15 days and that the most part of the whole council should consent to that election. And that the said election should be approved or disallowed in the next parliament, and so of the lords of session.
5. That there be a present nomination and election of the officers of state, councillors and sessioners to be agreed and the manner and form thereof to be recorded, that the same may serve for a rule in time coming.