Procedure: parliament's refusal to prorogate

Thereafter [Charles Seton], earl of Dunfermline and [John Campbell], lord Loudoun desired to have the votes of the estates for prorogating the parliament, and to what day, which being put to voting it was found by the estates that the present necessity of the kingdom required that they should sit still and not prorogate, and declared that they would by their own letter to his majesty express the particular causes and reasons of the necessity of their sitting, which they trusted his majesty would allow of. But the Lord Loudoun arose and immediately told that the prorogation of the parliament did in no way proceed from his majesty's own desire of delay, who was most willing and desirous to have kept this time, but that both his majesty's stay and desire to have our parliament adjourned was moved by the parliament of England, as did appear by his majesty's letter and the papers given in by the parliament of England to our commissioners of the treaty, and therefore told that his majesty inclined so much to satisfy their just desires as that he had by a particular instruction allowed of their sitting if they were unwilling to adjourn and that the necessity of the affairs of this kingdom should necessarily require their sitting still, but that his majesty desired and did expect that they will not proceed to any sentence, act or determination until his majesty's own coming, and thereupon craved the vote of the estates. Which being put to voting, it was uniformly found and declared that nothing shall be done before 17 August by act, sentence or determination but only to prepare, accommodate and ripen the business of the parliament to the said day, except in case any such occasion occur which the parliament shall find to concern the public good and peace of the kingdom and present necessity thereof.

  1. NAS, PA2/22, f.69v.