Committee Members: committee of estates
Act 24
Act for the committies of estates

The thrie estates of parliament presentlie conveened, haveing takine to there consideratione the present estate of this cuntrie and kingdome, being invironed and threatened with armes by sea and land and great hostile preparationes hatched and prepaired against the same, without any just ground or quarrell, quhairby (as manifestlie doeth appeare) there is nothing lesse intendit against this church and kingome nor ane wtter exterminatioun and totall distructione, so that the saidis estates are necessitat and forced to put themselves in reddines for a just and laufull defence of the religioun, lawes, lyfes, liberties and cuntrey; and withall, considering how necessar it is for the good of the publicke wealle of the cuntrey and mentinance of the armies lifted and to be wplifted and outreiked, both by sea and land, and for ordering, directing and governeing of the whole body of this cuntrey and kingdome, that a setled, grave and solid committe from the estates be elected, nominat, constitute and authoreized by this present parliament, which committe from the estates shall consist of a competent nomber of the most able, qualified and trustie noblemen, barrones and burgess of this kingdome, therfore the foirsaidis estates of parliament now conveened doe heerby nominat, elect, choose and appoynt the persones afterspecified, viz: Johne, erle of Rothes, James, erle of Montrose, Johne, erle of Cassilles, Johne, erle of Wigtoune, Charles, erle of Dumfermling, Williame, erle of Lothiane, Johne, lord Lindesay, Johne, lord Balmerinoche, James, lord Couper, Robert, lord Burghlie, Archbald, lord Naper, Johne, lord Loure, Sir Alexander Gibsone of Durie, Sir Johne Hope of Craighall, Sir Johne Scot of Scottistarvet, senatoures of the colledge of justice, Sir Thomas Nicolsone of Carnocke, Sir Patricke Hepburne of Wauchtoune, Sir David Home of Wedderburne, Sir George Stirling of Keir, Sir Patrike Murrey of Elibanke, Sir Patrike Hammiltoun of Litle Prestoun, Sir Williame Cunynghame of Capringtoun, Sir Williame Douglas of Caverse, James Chalmeris of Gaitgirth, Sir Thomas Hope of Kerse, [...] Drummond of Riccartoun, [...] Lesly of Forbese, Maister George Dundasse of Maner, Johne Smyth, Edward Edger, Thomas Patersone, Richard Maxwell, merchandis burgess of Edinburghe, Williame Hammiltoune, burges of Lithgow, Maister Alexander Wedderburne, clerke of Dundie, George Porterfeild, baileiff of Glasgow, Hew Kennedy, baileiffe of Air, Johne Rutherfoord, proveist of Jedburghe, Maister Alexander Jafray, burgess of Aberdeene, or Maister Williame Ore in his absence, James Suord, burgess of Sanct Andrewes, and James Scot, burges of Montrose, to be commissioners from the estate, to whom the estates and body of this present parliament gives and commites full pouer, warrand and commissione to doe, order, direct, act and put in executione everie thing necessar, expedient and incombent, alsweell for the preservatioune and mentinance of the armyes, both of horse and foot, by sea and land, as for ordering the cuntrie and whole body and inhabitants therof, deceiding of questiones and debaites which shall happine to aryse or fall out in any bussines which shall occasione or offer in this kingdome concerneing the peace and quyet therof, but prejudice of the colledge of justice or any other ordiner judicatorie within this kingdome laufully estableished by act of parliament, which shall nowayes be prejudged by this commission; and with full pouer to them to barrow, wptake and levy moneyes for the use of the publict and to give and prescribe orderes and directiones for depursing therofe, and for any other thing requisit which may concerne the good, quyet and peace of the cuntrey; and with power to them to call and conveene such noblemen, barrones, burgess and other cuntreymen to repair to them for there counsell and assistance in any bussines which shall occure as they shall find necessar and expedient; and with pouer to them to give orderis and directiones to collectores, commissioneres and all otheres persones who shall happine to be employed or have chairge or place either in the army or in the contrey in the publicke bussines, in every thing which concernes ther place and chairge, and to call them to accompt alse oft as they please, and to appoynt auditoures for heiring and receiveing thereof (whither of ther owne nomber or any other the please to nominat); and with pouer to them to allow and disallow as they shall find equitable and expedient for whatevir the saidis commissioneris shall either wplifte and barrow for the publicke wse or shall find due by any comptes, bandis, billes of exchange or wther furnishing or debt allredy barrowed and advanced for the use of the publicke either in money, victuell or any other necessar furnishing whatsoevir, the same comptes being fitted and fund laufull by the saidis commissioneris and there auditoures foirsaidis. The saidis estates declaires that what shall be fund due or resting therof shall be a laufull debt and burding which shall burthen and affect the saides estates, who doe heerby bind and obleis them and there successoures to pay, relive, ramburse and defray the same. Lykeas the saidis estates of parliament doe heirby give and grant full pouer and warrand to the saidis commissioneris from the estat to prescrybe, injoyne and set doune reules and wayes for the defrayment of the same burthenes and for payment and releefe therof to the creditoures and otheres who lye and shall lye wnder the burthen of the same, and that out of the reddiest moneyes or other goodis belonging to the publicke and estat, or otherwayes by proportione to impose the payment and releefe therof wpoun the estat and inhabitantes of the cuntry according to the rentalles, rolles and valuationes of the rentes of the kingdome, and for that effect to reveise, comptroll, sit and allow the whole comptes of the common burdenes, alsweell allreddie resting oweing by bandis, contracts, billes of exchange, lettires of credit, factorie comptes or otherwayes, as which shall happine to be barrowed and resting or oweing heirefter; and haveing drawne the same to ane totall soume, to cast a proportionall pairt thereof wpoun everie shereffdome, presbetry, parochine and burghe within this kingdome conforme to the saidis valuationes, and which shereffdomes, presbetries and burghes shall devyd the same among the particular persones lyable thereine. And that letteres be derected in the ordinar maner, alsweell for ingathering therof as for releefe therofe, with certificatione if the same or any pairt therof shall not be payed at the termes appoynted by the saidis commissioneris, auditours foirsaidis, the persones refuisers or delayeris shall not only pay annuellrent for the same, conforme to the act of parliament, but shall also pay ten merkis for ilke hundreth merkis failzie. With pouer lykewayes to them as said is to set doune wayes for exsyses to be laid on wivers for the weall of the cuntrey and helping to relive the burthenes therof and mentinance of the army, and with pouer to them to give orderis, instructiones and directiones to all inferiour committies, shyres, burghes, presbetries, stewartries, regalities and otheris whatsoevir within this kingdome in everie thing which concernes the publicke, and for the mentinance of the armeys and other necessar employmentes through the whole kingdome in suche forme and maner as the saidis commissioneris, or so mony of theme as are a quorum in maner efterspecified, shall direct or appoynt. And generallie with full pouer to them to doe all and sindrie other thingis requisit anent the ordering, directing, manageing, prosecuting and executing of all effaires and bussiness of this kingdome which may or can conduce to the weall of this kingdome or any pairt therof and which ought and should or shall be needfull to be done by them for menteanance and preservatioune of the religioune and liberties of this kingdom anent the premiss, without prejudice allwayes to the ordinarie judicatories as said is. And further, with pouer to the saidis commissioneris of estate to nominate and constitut commissioneris, overseeres and all other officeris, asweell in the army as in the cuntrey, so oft as occasioun and necessity shall requyre for menteaneing of the army in every thing necessar, and for excerceising and dischairgeing of all othair thingis needfull for the publicke throw the whole kingdome (without prejudice of the generall commissaris gifte). And it is heirby ordeaned that the forme and maner of the proceedingis of the saidis commissioneris of estate and the places of there residence respective shall be in maner eftirspecified, viz: there shall be tuo constante places of there residence, wherof the one shall be at Edinburgh, or any other convenient place wher they may most convenientlie and saiflie sit and resid, and the other shall be constantlie at the army, who shall keepe correspondence, the one with the other, anent ther proceedingis. And it is ordeaned that there shall be tuelve of everie estate for both committies, making eighteine for everie committie, and the quorum to be thus, viz: three of each estat when the estates are full, or any seavine promiscuouslie when any of the estatis keepeth not. And when any of the persons nominat wpoun this commissione shall decease, it shall be leisome to the most pairt of the quorum of the estat at Edinburgh or at the campe respective to appoynt any other of there owne estate in place of the persone deceased, viz: the quorum at Edinburghe or other wher else to nominat the persone in place of the pairtie inlaiking of the commissioune appoynted to resid at Edinburgh or other where ells, and the quorum of the committie at the campe to nominat the person in place of the pairtie inlaiking of the committie of the campe. And it is ordeaned that the foirnamed commissioneris divyd ther nomberis proportionally and with such equality as that nather the army nor the countrie at any tyme shall want a competent nomber to sit and resid constantlie for determineing of all materis incumbent to them, and what evir the foirsaid quorum of [...] persones at Edinburghe or in the countrie or mo of them and whatever the foirsaid quorum of [...] persones or mo of them being at the campe shall determine, decerne and ordeene in any cause, bussines or debat incombent to them, the same shall have the full strenth of a valid and laufull decreet and sentance or what evir bussines or convenciency shall be prescrybit by the foirsaid quorum respective or either of them, the same shall be alse valid as if it ware done by the whole nomber; provyding allwayes that non of the saidis quorum, either these who shall resid at Edinburghe or these who shall be with the army, severally by themselves, shall ingadge in warr with ony natione or make capitulatione of agreement without mutuall consent of the whole, at the least of bothe the quorums. And because it is expedient that the saidis commissioneris of estate have a sufficient trustie and able clerke for keeping of all the recordis, registeris, actes, bandis, warrandis and other paperis whatsoevir which conferne the publicke or the saidis judicatories, and the estates of parliament haveing reall experienc of the trust, qualificatione and ability of Maister Adame Hepburne of Humbie for dischairging of the same place and office, therefor the saidis estates of parliament doe heerby create, nominat and constitut the said Maister Adame Hepburne to be clerke to the saidis commissioneris of estat and other of them, with all priviledges, liberties, casualities, fees and immunities belonging therto; with pouer to him to substitut deputs, one or mo, for whom he shall be ansuerable, to the effect that aither he or his deputes may be allwayes present, so that none of the saidis judicatories be interrupted for want of clerkis; which clerke foirsaid and his deputes shall have the trust, chairge and keeping of all the paperis, registeris, recordis and otheres foirsaidis which concerne the premises, and the actes and subscriptiones of the said clerke and his substitutes shall make alse great faith as the actes and subscriptiones of any other clerke within this kingdome, the saidis commissioneris and clerkis being comptable to the estates of parliament. With pouer also to the saidis commissioneris or the quorum resyding at Edinburgh or other where else to conveene the whole body of the estates when they shall find necessity. And this commissioune to indure ay and whill the nixt meeting of estates, ather in conventione or parliament, and that the same be dischairged by either of them. And it is heerby declaired that if any of those whose turne fales to be present shall be absent, by whose neglect the bussines may be disappoynted, the saidis quorums or any of them shall injoyne such paines and penalties either wpon ther persones or goodes as they shall find the saidis persones of the said committie to demerit for ther absence from any of the said places respective. And because ther will fall out in the campe a necessitie either of treaties, consultationes or publick declarations to shewe the reasones of the demandis and proceedingis in assembly and parliament and the prejudices against either of them, the estates ordeanes Maister Archbald Johnestone, procuratour for the kirke, as best acquaint with these reasones and prejudices, to attend his excellence and to be present at all occationes with the said committe for ther further informatioun and cleiring thereanent. With pouer to any of the saidis quorums to take the oathes of these who are presentlie absent for there faithfull, dutifull and diligent endevores in the performance of ther duetie in the foirsaid commissione. Lykeas it is heirby declaired that the generall, his excellence, and other generall officeris are heirby priviledged and warranted to be at the said committie as occasioun shall offer.

  1. NAS, PA2/22, f.37r-39r. Back