Edinburgh, 1 May 1604

Procedure: preamble

The parliament of the said most excellent prince James, by the grace of God, king of Scotland, England, France and Ireland etc., held in Edinburgh by the said earl John [Graham, earl] of Montrose and by all the estates of the realm, together with Francis [Hay], earl of Erroll, constable of Scotland, George [Keith], earl Marischal, Master William Stewart, sheriff depute of Edinburgh, and David Lindsay, dempster, on 1 May in the year of the Lord 1604. Suits were called and the court affirmed.

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Letter: king's letter and postscript to parliament

The which day James [Elphinstone], lord Balmerino, secretary to our sovereign lord, produced a letter directed by his majesty to the whole estates, dated at Whitehall, 26 April 1604, and desired the same to be read in presence of the said estates and thereafter to be registered in the books of parliament for future memory, of the which letter the tenor follows:

James Rex, right trusty and well-beloved councillors, we greet you heartily well. Although we have not spared our pains nor travail here in this matter of the union, yet according to our ordinary form accustomed here in all matters treated of in parliament we find the same errand of the union, by many and diverse necessary circumstances, to draw to so great length that we cannot think it possible for us to give you any effectual or resolute advertisement for the space of 20 days yet to come; and according to our former promise made by our other letters, that you should be advertised as ever any occasion intervened here, we have thought good to signify the premise to you, and therewithal, to let you know how unwilling we are to weary our good and loving subjects assembled to that our parliament with long attendance, we think it therefore expedient that our parliament there shall be continued to 15 June or 1 July, assuring you that before that time you shall be advertised of the determined conclusion taken here and of the particular names of the commissioners, to the effect that you and our estates there may the better know how to proceed. And where as it may be thought that by the continuation of that our parliament there, it cannot be possible to have the money in readiness for the maintenance of the charges of the commissioners, we have thought good to let you understand that so great is our care, both to have the happy union to go forward with our intended progress, and you all, that is our subjects of Scotland, to be relieved of the burden of any tax or subsidy, that we are pleased to send the money out of our own purse for maintenance of the charges of the commissioners of that our realm, which shall be in readiness in such form as shall be thought expedient by you our council there, so that we think the parliament beginning 15 June or 1 July as said is, we doubt not but the commissioners there may be ready to come up here about the end of August or beginning of September. And because it will be 20 days at least before we can give you a full resolution of the estates proceeding here in that matter of the union, we have thought it fit that our parliament there shall be the longer continued, that we being resolved both of the names of their commissioners and by the acts to be set down upon their conclusion, we may give you the more particular and assured knowledge of their proceeding, that in the meantime you and our estates (or such others as you think good) may advise and dispute thereupon at all leisure, and take the more mature deliberation in that matter and clearing of all things concerning the same before the beginning of our parliament, that you may proceed then without difficulty. And if you stand in doubt of anything after our said advertisement, that you may have our own resolution thereupon for your better information, as we cannot but give you hearty thanks that are our councillors for your pains, travails and frequent meetings in our service, so we earnestly desire you that you will, in our name, give our very special and hearty thanks to all noblemen and others of our estates for their goodwill and pains bestowed in the advancement of our service, and specially for their so ready convening and attending so long upon that our parliament, showing to them that, as therein they have given us proof of their love, we doubt nothing of their readiness likewise to convene precisely at the next appointed day, which we will acknowledge as a further testimony of their constant affection toward us and remember the same accordingly. So we commit you to God from our court at Whitehall, 26 April 1604.

Follows the postscript of the foresaid letter written by his majesty's own hand:

By this prorogation of the parliament there both the estates shall have a reasonable time to repose themselves before their next meeting; as also you of the council, having received from me the copy of the act and names of the commissioners here agreed upon, will have sufficient leisure to consider it thoroughly amongst yourselves and so prepare a conformity in the hearts of all men, according thereto as the parliament, when it shall convene, may be the better resolved to proceed clearly therein.

Follows the superscription or direction written on the back of the foresaid letter:

To our right trusty and well-beloved councillors, the chancellor and remaining lords of our privy council in Scotland.

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Procedure: asking of instruments

Upon the production of the which letter directed from his majesty to the said estates and reading thereof in their presence, the said [James Elphinstone, lord Balmerino], lord secretary, asked instruments.

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Procedure: Lord Fyvie's proposal to continue parliament; asking of instruments

And thereafter Alexander [Seton], lord Fyvie, chancellor of this parliament, having proposed to the said whole estates then convened if they might continue this present parliament according to the king's grace's letter, except that as they came to the tolbooth upon 26 April last bearing the sword, crown and sceptre, with the rest of the honours and solemnities used in time bygone at the holding of all parliaments within this realm, they likewise should come to the tolbooth bearing the said honours before they might continue this present parliament, and if they think it expedient to be done or not.

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The foresaid whole estates, being advised with the foresaid proposition and demand proposed by the said [Alexander Seton], lord Fyvie, chancellor, they all in one voice voted, found and declared that they might continue the said parliament according to the king's majesty's letter without the bearing of any honours, seeing the parliament was not ended nor concluded, and that presently there were no acts, ordinances nor constitutions to be voted and concluded upon which required the bearing the honours and other solemnities to be done before the same may be voted by the estates. Upon the which declaration the said [James Elphinstone, lord Balmerino], lord secretary, and Sir Thomas Hamilton [of Monkland], advocate to our sovereign lord, asked instruments.

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Procedure: continuation of parliament; asking of instruments

The whole estates continue this present parliament in the same form, force and effect as it is now until 3 July next, according to the commission granted by his highness to the said [John Graham], earl of Montrose, commissioner, and to the foresaid letter directed by our said sovereign lord, and the foresaid estates and all others of his highness's lieges to whom it pertains to convene at Edinburgh the said day for holding of the said parliament. And in case the place be changed, the said great commissioner and estates ordain proclamation to be made by letters directed from the lords of secret council upon 15 days' warning at the market cross in every shire before the said 3 July next; whereupon the said [Sir Thomas Hamilton of Monkland], advocate, asked instruments.

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