[1641/5/5]¹

Procedure: continuation of parliament

Act regarding the continuation of the parliament to 15 July 1641, with continuation of days

The estates of parliament, presently convened by his majesty's special authority, yet as of before continue this present parliament and all summons and actions intended or depending, with all supplications, grievances and other matters belonging to the said parliament, against all parties cited or desired to be sent home to Scotland as incendiaries or cited for other crimes and causes, and the former citations and continuations thereof; and this present continuation to continue in the same force, strength and effect as they were at the several days of compearances respectively to which they were cited, and as if they had been called or were now called expressly upon the said several days to which they were cited respectively as said is, or upon the several days of continuation to which this parliament was continued from time to time, notwithstanding of the not calling of them publicly in judgment at none of the said days, which was in no way necessary to have been done nor to be done before insisting against them in respect that they were both cited to several days of compearance, with continuation of days, and that the parliament was continued from time to time to certain other days, also with continuation of days, to 15 July next, with continuation of days. And that for satisfying his majesty's gracious desire signified by his majesty's letter directed to the estates for that effect bearing date 18 May 1641, and also for sundry grave and weighty considerations concerning the well of the estate, kirk and kingdom known to the estates, without prejudice always to the estates of parliament of their undoubted liberty to sit without prorogation unless they consent to a prorogation, and that by reason that all acts of prorogation of parliament are acts of parliament and no acts of parliament can be made without consent of the estates convened and sitting in plain parliament, at the which 15 July next ordain the whole estates to be present and to attend at Edinburgh or where it shall happen the same to be held for the time. And also ordains [Sir Thomas Hope of Craighall], his majesty's advocate, and procurators of estate, all and every one of them, to compear and attend and to insist as they shall be commanded by the estates against whatsoever persons indicted or to be indicted, and discharge the said advocate and procurators and every one of them to consult with or take upon hand directly or indirectly to defend any who shall seek their advice for pleading or maintaining them in any sort against any pursuit moved or to be moved against them in parliament for any crime against the public, or to give any information for that effect, and that because it is incumbent to the king's majesty's advocate and procurators of estate to pursue all who happens from time to time to be cited to the parliament for any offence against the public, and in no way to take their patronage, without prejudice always of the power granted to the committees of estate contained in the act of this present parliament made relating thereto, dated 11 June last and mentioned in the three last acts of continuation thereof, the first dated 19 November 1640, the second 14 January 1641 and the third dated 13 April 1641. And in the meantime, the estates declare the said parliament to be current to the effect above-written to the day foresaid, with continuation of days, and ordain the whole acts and statutes made and concluded in plain parliament in that session thereof in June past, together with all the former acts of continuation made by the said estates, to stand and have the force and strength of laws and acts, according to the tenors thereof, in the same way as any acts and statutes of any preceding parliaments in any time bygone, and namely (without prejudice of the generality foresaid) the act of the committee of estates to stand in full force in all the clauses thereof until it be discharged by the estates, and ordain the foresaid acts, with the act of election of Robert [Balfour], lord [Balfour of] Burleigh to be president of this meeting of estates, together with this present act of continuation, to be published and printed, according to the last act of continuation of the date foresaid, notwithstanding of this present continuation of the parliament to the day above-written.

The continuation of the parliament to the day foresaid was intimated by a macer of parliament to the whole estates and all others, his majesty's lieges, whereupon the said Robert, lord Burleigh, president of the parliament, in name of the estates, asked instruments.