[1641/5/5]¹

Procedure: continuation of parliament

Act anent the continouation of the parliament to the 15 Julii 1641 yeires, with continouation of dayes

The estates of parliament, presentlie conveened by his majesties special authority, yit as of befor continowes this present parliament and all sommondis and actiones intendit or depending, withall supplicationes, grievances and other materis belonging to the said parliament, against all pairties cited or desyred to be sent home to Scotland as incendiaries or cited for other crymes and causes, and the former citationes and continuationes therof; and this present continuatione to continue in the same force, strenth and effect as they ware at the severall days of compeirances respective wherwnto they war cited, and as if they had been called or ware now callit per expressum wpoun the saidis severall dayes wherwnto they ware sited respective as said is, or wpoun the severall dayes of continowatione wherwnto this parliament was continoued from tyme to tyme, notwithstanding of the not calling of them publicklie in judgment at none of the saidis dayes, which was nowayes necessarie to have beene done nor to be done befor insisting against them in respect that they ware both seited to severall dayes of compeirance, with continouatione of dayes, and that the parliament was continowed from tyme to tyme to certane other dayes, also with continowatione of dayes, to the fyftene day of Julii nixtocome, with continowatione of dayes. And that for satisfieing his majesties grasious desyre signified by his majesties lettir directed to the estates for that effect beiring dait the eighteene of Maii 1641 yeires, and also for sindrie grave and weightie considerations conserneing the weeall of the estate, kirke and kingdome knowne to the estatis, but prejudice allwayes to the estates of parliament of ther wndoubted libertie to sit without prorogatione except they consent to a prorogatione, and that by reason that all actes of prorogatione of parliament are actes of parliament and no actes of parliament can be mad without consent of the estates conveened and siting in plaine parliament, at the which fyfteene day of Julii nixtocome ordeanes the whole estates to be present and to attend at Edinburghe or where it shall happine the samene to be holdine for the tyme. And suchlyke ordeanes his majesties advocat and procuratouris of estat, all and everie one of theme, to compeir and attend and to insist as they shall be commandet by the estates against whatsoever persones indyted or to be indyted, and dischairges the said advocat and procuratoures and everie one of them to consult with or take upoun hand directlie or indirectly to defend any who shall seeke ther advyce for pleading or menteaneing them in any sort against any persut moved or to be moved against them in parliament for any cryme against the publicke, or to give any informatione for that effect, and that because it is incombent to the kingis majesties advocat and procuratours of estat to persue all who happines from tyme to tyme to be seited to the parliament for any offence against the publike, and nowayes to take ther patrocinie, but prejudice allwayes of the power granted to the committies of estat conteened in the act of this present parliament mad theranent, daited the ellevint of June last and mentionat in the thrie last actes of continowatione therof, the first daited the nynteene of November 1640, the second the 14 of Januarii 1641 and the third daited the 13 of Apryle, the same yeir 1641 yeires. And in the meantyme, the estates declaires the said parliament to bee current to the effect abonewrittiin wnto the day foirsaid, with continowatione of dayes, and ordeanes the whole actes and statutes mad and concludit in plaine parliament in that sessione therof in June lastbypast, togidder with all the former actes of continoatione mad by the saidis estates, to stand and have the force and strenth of lawes and actes, conforme to the tennoures therof, sickelyke as any actes and statutes of ony preceeding parliamentis in ony time bygone, and namlie (but prejudice of the generality foirsaid) the act of the committie of estates to stand in full force in all the clausses therof ay and while it be dischairged by the estates, and ordeanes the foirsaids actis, with the act of electione of Robert, lord Burghlie to be preses of this meeting of estates, togidder with this present act of continowatione, to be published and prented, conforme to the last act of continuatione of the dait foirsaid, notwithstanding of this present continowatione of the parliament to the day abonewrittin.

The continowatione of the parliament to the day foirsaid was intimat be ane maisser of parliament to the haill estates and all others, his majesties lieges, quherwpoun the said Robert, lord Burghlie, president of the parliament, in name of the estates, asked instrumentes.