Commissione by the king and parliament to the lordes of secreete counsell

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.

  1. NAS, PA2/22, f.179v-181r. Back
  2. The clause commencing 'With pouer lykewayes' down to 'dounesiting' is deleted in the original warrant at NAS, PA6/5, 'November 16 1641'. The warrant also bears the following note on the margin: 'Thir wordis ar appointed in counsale to stand undeleitt'. Back