[1641/8/181]*[print] [email] [cite] [preceding] [following]
Our soverane lord, considering that by the late articles of the treattie concludit betuixt the commissioners of his majesties kingdome of Scotland and England, ratified by parliamentes of bothe kingdomes, it is thought fit and necessarie, for observeing the saidis articles of treatty mad for establishing a firme and constant peace, that pouer and commissione be granted from his majestie, by advyce of the estates of parliament of bothe kingdomes, to the effect conteened in the said articles of treatty. For performance wherof, wpoun the pairt of his majesties said kingdome of Scotland, his majestie, with consent of the estates of the said kingdome, by thir presentes, gives and grantes power and commissione to the persones efterspecified, viz: Johne, lord Loudoune, chancellour, James, duke of Lennoxe, James, marques of Hammiltoun, Archbald, erle of Argyle, Williame, erle of Mortoun, Alexander, erle of Eglingtoun, Williame, erle of Glencairne, Charles, erle of Dumfermeling, Robert, erle of Roxburghe, Williame, erle of Lothiane, Johne, erle of Lauderdaill, George, erle of Kinnoule, Williame, erle of Lanarke, Alexander, erle of Levine, Johne, lord Lindesay, Johne, lord Ballmerino, James, lord Almond, Sir Patrike Hepburne of Wauchtone, Sir George Dundas of that Ilke, Sir Thomas Mortoune of Cambo, Sir Patrike Hammiltoun, Sir Thomas Hope of Kerse, Sir Robert Innes of that Ilke, Sir Archbald Johneston, Sir Alexander Erskeene of Dun, Sir David Home of Wedderburne, Sir Robert Greirsone of Lag, Sir Williame Scote of Harden, Sir Johne Charteres of Amisfeeld. [...] Ruthven of Freeland, [...] Campbell of Cesnok, Sir David Grahame of Morphie, Sir Harie Montgomery of Giffen, Sir Williame Forbes of Cragivare, Sir William Douglas of Cavers, Edvard Edger, Patrike Bell, Williame Glendonying, Johne Smyth, Maister Robert Barclay, Thomas Durhame, James Fletcher, Patrik Lesly, Thomas Bruce, George Bell, James Suord, Johne Rutherfoord, Maister Johne Corser, Hew Kennedy, Johne Semple, Maister Robert Cunyngham, Maister Alexander Douglas, Richard Maxwell, or any tuelve of them, with power to them or any tuelve of theme as said is, ther being at least tuo of everie estate at any tyme or tymes in the interim betuixt the siting of the parliamentes, to conveene amongest themselves or with the commissioneres chosine or to be chosene to the same effect by his majestie, with consent of the parliament of England, within which is includit the kingdome of Ireland, at whatsoevir tymes and places convenient to be accordit wnto amongest themselves, and to be cairfull that the peace now happilie concludit may be continoued and to endevore by all laufull meanes for preserveing and keeping the saidis articles of peace concludit in the foirsaid treatty allenerly, and therwith to use all ther caire to preveene all trouble and divisione which may aryse by the breakeing and violating of any of the saidis articles concludit in the said treatty as said is. And if any debate or difference shall happen to aryse to the disturbance of the said commoune peace, that they laboure to remove ore compose the samene according to thair power granted to them in maner foirsaid and no otherwayes, it being allwayes provydit that for all there proceedingis in this kynd they shall be ansuerable for the laufullnes therof to the kingis majestie and the parliament respective. And if any thing fall forth beyond ther power and which cannot be remedied by them, that they informe themselves of the particulares therof and represent the samene to his majestie and to the ensueing parliaments respective that by his majesties wisdome and authorie and theires, all occasions and causes of troubles being removed, the peace of the kingdome may be perpetuall to all posterity. And it is declaired that the power of this commissione shall be restrayned to the articles of peace concludit in the said treatty as said is, and shall endure for the interim betuixt parliamentes allenerly, and shall expyre at the nixt ensueing parliament, at the which the saidis commissioneres shall be holden to give ane accompt of ther diligence and proceeding in the premiss.
[1641/8/182]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with consent of the estates of parliament, considering that there are sindrie heades of the articles of the treattie of peace betuixt his majestie and his subjectes and betuixt his majesties kingdomes of Scotland and England which are referred to be takine in consideracione by the commissioneres to be appoynted by his majestie, with consent of both parliaments, who shall have pouer to advyse and treate therwpon and to reporte ther proceedingis therine to his majestie and to the parliament of both kingdomes respective, and specially the articles eftirspecified; and his majestie, with consent foirsaid, being willing that a commissione be exped one ther pairt for advysing and treating wpoun the saidis articles with the commissioneres chosene or to be chosene by his majestie, with consent of the parliament of England, within which is includit the kingdome of Ireland, therfore, his majestie, with consent and advyse of the estates, gives and grantes full pouer and commissione to the persones eftirspecified: Williame, erle of Lothiane, Johne, erle of Lindsay, Johne, lord Ballmerino, Sir Thomas Myretoune of Cambo, Sir Thomas Hope of Kerse, Sir Archbald Johnestoune of Wareistoune, Sir Johne Smyth of Grottell, burges of Edinburghe, Patrike Bell, merchand burges of Glasgow, and Maister Robert Barclay, burges of Irving, as also to Johne, erle of Loudoune, chancellor of Scotland, and Archbald, marqueis of Argyle, earle of Kintyre, lord Lorne, or any of them tuo who bees at court, to be of the commissione with the remanent commissioners abovenamed. With power to the saidis whole commissioneres abovenamed (or any fyve of them, ther being one at least of everie estate) to conveene with the commissioneres chosene or to be chosine by his majestie, with consent of the parliament of Ingland (within which is includit the parliament of Ireland as said is) at whatsoever tymes and places convenient to be accordit one amonges them, and ther to consult, advyse, treate and agree wpoun the speciall headis and articles falloweing, viz: anent the demand conserneing the makeing warre with forraigneres and anent leagues and confederacions to be mad wth forrane princes and estates; and conserneing mutuall supplie incaise of forrane invasione; and also conserneing mutuall trade and commerce betuixt the kingdomes of Scotland, England and Ireland, and anent the pressing of shipes or men by sea or land; and als anent naturalizatione and mutuall capacity of the subjectes of both kingdomes who either of them respective of all dignityes, liberties, priviledges and other benefites, ecclesiasticall or civill, and otheres of that nature; and conserneing the laufullnes and solemnity of the extractes of bandes or decreetes in either of the saides kingdomes; and als conserneing the maner of saife conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland off the money givine and promitted by way of brotherlie supply and assistance to the estate and kingdome of Scotland by the parliament of England; and conserneing what assistance Scotland shall give to England for the suppressing of the rebellione in Ireland or to the Prince Elector conforme to the instructiones givine or to be givine to them for that effect by the lordis of secreet counsell, to whom his majestie and estates of parliament remittes the same; and what the saidis commissioneres there treates with the saidis commissioneres of England and Ireland resolves and concludis wpoun, that they may mak tymous and due report therof to his majestie and the estates of this kingdome.
[1641/8/183]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyce and consent of the estates of parliament, considering that his majestie being now actually present in his royall persone in this his native and ancient kingdom, and willing before his returne to England (wher his majesties more ordinarie residence heath bene heirtofore and will apparentlie be in tymecomeing) to leave behind him such a pledge and testimony of his tender respect, royall caire and faitherlie affectione for establishing the good and happie governement of this his majesties ancient kingdome, as in some measure may supply the want of his royall presence amongest them, heath to this effect, out of his native goodnes, condishendit to ane act mad in this present sessione of parliament, with consent of the estates, wherby his majestie, for himselfe and his successouris, heath willed and enacted and ordeined that now, and in all tymecomeing, the officeres of state, lords of secreet counsell and lordis of sessione one whose caire, wisdome and fidelity in ther severall judicatories (which nixt wnto the supreme court of parliament are the cheefe and principall judicatories) dependis the weell and happines of the governement shall be chosene now and in all tymecomeing by his majestie and his successoures, with advyce and approbatione of the estates of parliament when they are siting, and for the interim, with adyse of the lordis of secreet counsell and sessione respective, as in the said act of parliament at more lenth is conteyned. Therfore his majestie heath, with speciall advyce and approbatione of the saidis estates, nominated, elected and chosene the persones eftir falloweing: Lord Loudoune, chancellour, Duke of Lennox, Marqueis of Hammiltoune, Erle of Argyle, Erle Mershall, Erle of Sutherland, Erle of Mar, Erle of Mortoun, Erle of Eglingtoune, Erle of Cassilles, Erle of Glencairne, Erle of Murray, Erle of Pearth, Erle of Dumfermeling, Erle of Wigtoune, Erle of Kinghorne, Erle of Roxburghe, Erle of Seaforth, Erle of Lauderdaill, Erle of Lothiane, Erle of Kinnoule, Erle of Southeske, Erle of Weymes, Erle of Dalhoussie, Erle of Findlater, Erle of Lanarke, Erle of Levine, Lord Angus, Lord Lindesay, Lord Yester, Lord Sinclair, Lord Elphingstoun, Lord Ballmerino, Lord Burghly, Lord Almond, Lord Balcarras, clerke register, advocat, justice clerke, thesaurer deput, maister of requeistes, Sir Robert Gordoune, Sir Williame Douglas, Sir Patrike Hepburne, laird Dundas, laird Fintrie, laird Cambo, laird Dune, laird Innes, laird Morphie, the proveist of Edinburghe for the tyme being and thir supernumerary counsellouris Englishe viz: [...], erle of Arrundaill, [...], erle of Pembrok, [...], erle of Salisburry, [...], erle of Holland, to whom, or any nyne of them by these supernumerary abovenamed, his majestie, with advyse and consent of the said estates, heath committed and committes the administratione and governement of this his majesties native kingdome in all efffaires conserneing the peace, good and happines therof, which by the lawes and custome of this kingdome perteenes to the judgment, cognitione and determinatione of his majesties privie counsell. With power to them, or any nyne of them as said is, to meet and conveene at the place appoynted for the ordinare residence of his majesties privie counsell within the burgh of Edinburghe, or at any other place or places which by commoune consent incaise of any necessity or wrgent occasione therof shall be fund most fit and convenient, and there to advyse, consult, deliberate, conclude, decerne and determine upon all and sindrie effaires, purposes and actiones which may conserne the good and peace of the kingdome, according to the lawes and actes of parliament established or to be established within the samene, and to heare, decyde and determine wpoun all causes and actiones betuixt subject and subject proper to be desydit by the lordis of his majesties privie counsell, and that none be present at thair inciting bot such as are of the privie counsell, with the clerk of the privie counsell, whom his majestie, with advyse foirsaid, continowes in his place as of before. His majestie, with advyce and consent foirsaid, heath lykewayes given and granted, and by the tennour heirof gives and grantes, full power and commissione to the said counsell and everie one of them wpoun any interveening occasione of disorder or trouble in such pairtes of the cuntrey wher they shall remaine for the tyme to command or chairge the persone or personis, committeres of such disorderes, to observe and keepe his majesties peace, and to chairge the contraveeneres therof to entir ther persones in waird in such pairt or places, or within such ane short space as the said counsellour shall thinke meete, ther to remane till order be takine by a full nomber of the counsell in the mater wherin they have offendit, provyding allwayes he be comptable to his majestie and the rest of the counsell, and that no just cause of complaint be hard aganes him. And if the persone or persones so chairged to waird shall happen to disobey and contemne the chairge, his majestie, with advyse and consent of the saides estates, declaires that wpoun report thairof to the counsell a pecuniall soume shall be imposed wpoun the offender, according to the qualitie of his persone and nature of his offence; and the counsell is to cause apprehend the offenderes and committ them to waird. With power likewayes to the said counsell to make and set doune actes and ordinances for governement of the kingdome and suppressing of disorders within the same. With power lykewayes to the said counsell to give and appoynt assessores to the justice generall and his deputes incaise of necessity, and to give warrand to the said justice, his deputes and assessores for continuing executione efter convictione or for mitigating the punishement of the law in criminall causes if the nature and quality of the crymes shall requyre, and to grant commissiones of justiciarii in materes criminall and other commissiones in materes conserneing the weale of the kingdome. And als with power to them to give warrand to the said justice generall, his deputes and otheres commissioneres foirsaidis for imponeing of fynes or pecuniall soumes upoun the crymes of adultery, beareing and wearing of hagbittes and pistolles, wsury and such other trangressoures of the actes of parliament wher the punishement by law is inflicted wpoun body or goodes or lefte to the arbitriment of the judge. And lykewayes with power to them grant exemptiones from hostes, reades, assyses and licences for depairting out of the kingdome according to the conditiones conteyned in the act of parliament, and alse with power to the said counsell, incase ane open and avowed rebellioune shall happen to be raised within the said kingdome which cannot be suppressed bot by force, to give commissione of leutennentrie and justiciarie for repressing of the said rebellione, and to direct chairges to such pairtes of the cuntrey as they shall thinke fit for concurrence to be givine in executione of the said commissione, and to give order and directione to furnishe and advance the soumes of money that shall be requisite in such expeditiones. With pouer lykewayes to the said counsell to raise the sessione wpoun any interveeneing occasione or necessity and to appoynt tymes and places of thair dounesiting†. And generally, with power to the said counsell to doe, wse and exerce all and everie thing which the counsell of the said kingdome did or might have done the tyme of his majesties late father, provyding allwayes, lykeas his majestie expreslie provydes with advyse and consent forsaid, that this commissione shall nowayes be prejudiciall to the commissione of exchequer. And it is declaired that any nyne of the said counsell shall be ane sufficient nomber and make a sessione, provyding the lord chancellour be one of the nyne, and incaise of the absence of the lord chancellour, it is declaired that it shall be laufull to any nyne ore moe of the counsell conveened in the ordinar place and at the indicted tyme of meeting to choose one of the nomber conveened who shall preside at the meeting als ofte as the lord chancellour shall be absent. And his majestie and estates, considering that the often absence of the most pairt of the counsell and ther not attendance wpoun the chairge and trust concredited wnto them will be a great impediment and hinderance to his majesties service, therfor his majestie, with advyse foirsaid, declaires that it is his speciall pleasure and command that the lord chancellour or president of the counsell to be elected as said is do sie and provyde that the counsell be frequent, speciallie in great and weighty materes of estate, and if wpoun occasione that requyres the nomber of the counsell to be more full then the said quorum, the lord chancellour or president to be elected in maner foirsaid shall writ to such otheres of the counsell as they thinke fit to be present and give there attendance, and if any disobey without licence from his majestie or the quorum of the counsell or without some reassonable cause (either of which shall excuse ther absence) then, and in that caise, his majestie, with advyce foirsaid, willes that the absent shall be censured by the said counsell as a neglecter of his majesties service and that his majestie be adverteised therof. And it is declaired that if any of the saidis counselloures places vaikes by decease, demishing or deprivatione, that his majestie in the interim shall nominat ane other of the same degree and quality in the vacant place with advyce of the most pairt of the lordis of privie counsell, they being all present at the said electione, at the least laufullie wairned to that effect wpoun fyfteene dayes warneing conforme to the act of parliament mad theranent, which electione made in the interim as said is shall be allowed or disallowed by his majestie with consent of the estates in the nixt ensueing parliament as they shall thinke expedient. And als his majestie, with consent of the saidis estates, gives pouer to the saidis lordis of secreet counsell, or any nyne of them as said is, to set doune such reules and orderes for there meetingis and attendance, and tymes and spaces therof, as they shall resolve, appoynt and ordeane amongest themselves, and willes and declaires that the saidis lordis of secreet counsell now nominat as said is, and these who shall be surrogate in there places in the interim in maner foirsaid, shall have, brooke and enjoy ther places ad vitam vel ad culpam and shall be lyable to the censure of his majestie and estates of parliament anent ther proceedingis therin, firme and stable holding what evir by the saidis lordis, or any nyne of them as said is, shall be laufullie done in the premiss, and decerns and ordeanes all his majesties leiges and subjectes to reverence, acknowledge and obey the saidis lordis of his majesties counsell in all thinges conserneing the chairge and truste committed to them as said is wnder all hiest pane and chairge which eftir may fallow, and this commissione to endure to the nixt parliament and longer ay and whill the samene be expresly dischairged.