Legislation
Act for the committee of estats

The estaites of this kingdome presentlie conveined, taking into thair serious consideratioun the dangeres imminent to the trew Protestant religioune, his maties honour and the peace of his kingdomes be the multitude of papists, prelattes and thair adherentes now in airmes in Ingland and Ireland, and the occasioun given therby not only to the publict enemies of religion abroad but even to any dissaffected persounes at home to labour so far as in them lyes to subvert the religione and peace now happily estableisched within this kingdome; and finding it necesser that all meanes be speidily useit for preventing the practises of such, for preserveing the peace and keiping his maties subjectes in a duetifull obedience to the lawes and publict judicatories and in a Christiane unitie amongst themselffes, they have thairfoir resolved that this kingdome be presently put into a posture of defence and that a grave committie be appoyntit from the estates to consult, conclude and determine upon these and uther weichtie causes efterspecifit in maner and to the effect following, and thairfoir nominats, appoynts and gives power and commissioun to Johne, earle [of] Loudoun, lord heich chancellour and the lord generall, supernumerarie, and marques of Argyll, Williame, earle of Merschell, Johne, earle of Sutherland, Alexander, earle of Eglintoun, Williame, e[arle] of Glencairne, John, e[arle] of Cassills, Charles, e[arle] of Dumfermeline, Williame, e[arle] of Lothian, Francis, e[arle] of Buccleuch, John, e[arle] of Lauderdaill, John, e[arle] of Lindsay, John, earle of Weymes, Williame, e[arle] of Dalhoussie, James, vicount of Dudop, Johne, lord Yester, Johne, lord Sinclar, Johne, lord Balmerinoch, Robert, lord Burchlie, James, lord Couper, George, lord Forrester, Thomas, lord Kirkcubrich, Alexander, lord Balcares, Arthur Areskine of Scottiscraig, the Lord Warestoun, the Lord Humbie, Mr George Windrahame, Sir Michaell Balfour of Denmylne, the laird of Dundas, the laird of Lag, Coll[onell] [...] Lindsay of Belstaines, the laird of Broddie, Sir Patrik Hepburne of Wauchtoun, Sir Williame Mure of Rowallan, Williame Rig of Atherne, Sir Thomas Ker of Caveres, Thomas Ruthven of Freiland, Sir Williame Scott of Harden, Sir Andro Wauchope of Nidrie, Sir Patrik Hamiltone, Johne Schaw of Grenock, the laird of Wedderburne, Sir Williame Scott of Ardrosse, [...] Balmayne, Mr James Durhame of Pityarrow, Sir John Smith, James Dennistone, Johne Binnie, James Stueart, Thomas Durhame, James Symsone, Patrik Leslie, Thomas Bruce, George Bell, James Sword, George Porterfeild, Hew Kennedy, George Gardin, Johne Rutherfoorde, Thomas MacBirnie, Mr Robert Barclay, Johne Semple, George Jamesone, David Simsone, Williame Glendinning and Gedeon Jack, or any fyftene or more of them, there being alwayes four of everie estate present, to convein at Edinburgh at such tymes and places as they sall appoynt; and thair, among themselffes or with such as salbe authorized be his matie or housses of parliament of Ingland or any other persounes quhatsomever they sall think fitting, to consider, treate, debeate, conclude and determine upon the fittest and most conduceable meanes for defence of the true Protestant religione, the liberties and priveledges of the kingdome, his maties persone and authoritie in the preservatione theroff and the peace of his kingdomes now in danger be the multitude of papists, prelattes and ther adherentes in airmes in Ingland and Ireland, and for bringing the churches of Scotland and Ingland to ane neirer conjunctione and uniformitie of religione and church governement; and for that effect, to send ther humble supplicationes and declarationes to his matie, the kingdome of Ingland or any uther persoune or persounes quhatsomever, and to use all uther effectuall meanes for removeing the distractiones and differences betuixt his matie and his people; and as they sall think fitting; with advyse of the generall assemblie or commissioneres theroff, to give ordour for subscryveing and sweareing the covenant laitlie offered to and allowed be the assemblie and convention of estats. And incaice it salbe thocht fitting be them for the ends and reasounes forsaids that some considerable number of forces and men in airmes be raiset, with power to them to give ordour to the severall committies, colonells and otheres persones within this kingdome for levieing, raiseing and mustering of such regiments and forces of foote and horse furth of the severall shyres and borrowes of this kingdome, and for outreiking with airmes, ammunitione, victuall and uther furniture as they sall think fitting; and also with power to them to appoynt places of thair randevous, give ordour for quartering and billoting theroff, appoynt such generall officeres over the same as they sall judge fitting and are not nameit alreadie be the estaites, and to authorize them with commissiounes to that effect, to nominat and appoynt thair severall payes, and to provyde meanes for payment theroff; and for that effect, to borrow and uplift sowmes and als to provyde and buye thairwith airmes, ammunition and all sort of provisione and other necesseres, and to appoynt commisseres for distributeing and keiping compt of the same. Whilk sowmes of money, pryces of victuall and uther forsaids so to be borrowit and resaveit are heirby declared to be publict debt dew be the estaites of the said kingdome, who are heirby bund to pay and releive the same, and to freith and releive the saids commissioners and all such persounes as by thair warrand or command sall ingadge or give suretie thairfoir. And also with power to them to give out such ordoures for the provisione and richt regulateing of the saids forces as they sall think fitting, and to set doun compitent pryces and excyes upon all victuall, goods, vivares and uther commodities for the use and interteinment of the saids soulders, to be lifted within the kingdome or sent furth thairoff, and to call to accompt all such persounes as salbe intrusted be them in this service for all intromissiounes and debts to be contracted upon the publict in the same, and either be themselffes or such auditors as they sall appoynt, to examine, controll or allow and approve all that salbe depurseit or contracted in the publict effaires of the kingdome, and to pay and secure the persounes to whom thair salbe any thing justlie auchtand. With power lykwayse to them to give ordors to the committies in the severall shyres to all commanderes, shireffes, stewartes, baillies of regalities and to all uther magistrates and subjects to burgh or land in everie thing concerneing the publict in such a way as they sall think fitting. And seing in some shyres there are severall devisiounes and colonells to be, ther is only on[e] committie appoyntit, and least thairby any hinder may fall out to the service, power is heirby geven to the saids commissioneres, upon remonstrance from the committies of the shyres representing the necessitie of devydeing the samen, to devyde the committies of any such shyres in severall committies, two or moe, as the dispatch of effaires sall requyre; and to adde such qualified persounes as may mak up ane competent number in each devisioun, the number appoynted be the estaites for the haill shyre standing allwayes inteir for dispatch of bussines concerneing the haill shyre; and the committies to be appoyntit upon remonstrance forsaid to have only power within ther awin divisione; and incaice any mater of importance or difficultie occur among them, the same is to be decydeit be the committie of the haill shyre; and incace it sall happin any places of any of the colonells of the shyres to vaik be deceis or utherwayse, with power to this committie from the estaites to appoynt otheres in thair place, and to remove such otheres from thair places as they sall have just reason for; and to call befoir them all papists, malignants, dissaffected persounes and all such otheres as sall not give obedience to the common resolutiones of this kingdome or judicatories thairoff of quhatsomever condition or degrie they be off, and to tak such course for secureing thair persounes and intrometting with thar estaites to the use of the publict as they sall think fitting. With power also to the saide persounes or quorum forsaid to treate, consult and determine in maner foirsaid concerneing the payment of the remainder of the brotherly assistance and interest thairoff bygone and to come, and for payment of the arreares due be the kingdome of Ingland to the Scottis airmie in Ireland, and to tak course for the future intertainment thairoff and disposeall of the same in haill or in pairt in tyme cuming, and to give warrand for distributeing the sowmes appoynted to be lifted in this kingdome be [the] act of the estaites of the 15 of this moneth be way of loane and taxt for payment of the arreares and advancements alreadie made for intertainment theroff, and for interteinment of the companies, horse and foote quhilks are to be levyed by act of the [...]. Whilk warrand to be grantit as said is are heirby declaret to be ane sufficient warrand to the generall collectour and his deputes, and als with power to them to give out commissiounes for suppressing of disorderes in the cuntrey and generallie to doe all and sindrie other things requisite anent the ordering and manageing of all effaires and bussines quhilk may conduce to the goode and peace of this kingdome and the furtherance of the particulares abovewrittin. And if upon the reasounes and grounds above expressit it salbe fund fitting that ane airmie or airmies be levyed and raiset, in that caice the estaites have resolved and heirby gives commissioun to the persounes forsaids or quorum theroff to devyde themselffes into tuo severall committies, at that nyne or more, ther being tua of everie estate present be a quorum of ether of them, the one quheroff is appoyntit to remaine and reside at Edinburgh or any uther place they sall think fitting and conveniant, and is authorized with the charge of the haill forsaids effaires within the cuntrey; and the other is to remane constantlie with the airmie and to have the governement of the effaires of the airmie and sall give thair best advyse, counsell and assistance in what may conduce to the good and saiftie thairoff, and quhilks tua committies are to keip correspondence and intelligence, on[e] with another, anent thair proceidings and condition of effaires, and are fullie authorized to give ordors and directiones in the premises abovedevydeit, whilk salbe als valeid as if the samyn wer done by the haill number; provyding alwayes that none of the said committie so devydit have power to enter into a treatie anent the poynts and articles in question without consent of a full quorum of both committies. And incaice any of the commissioneres places sall happin to vaike be deceise or utherwyse, the rest of the quorum sall have power to mak choyse of otheres of that same degrie to supplie the places so vacand; and with power to the saids tua committies, or ather of them as they sall have occasioune, to convein such noblemen, barrounes and burgesses for thair advyse and assistance as they sall think fitting, and who are heirby warranted to assist them; and if any mater of that importance occur that doeth requyre the meiting and resolutione of the estaites, in that caice the said committie resideing at Edinburgh (or in any other place within this kingdome) hath heirby power to call ane full meiting and convention of the estaites. And the foirsaids commissioneres sall at ther first meiting and accepting thair commissione give thair solemne oath for thair faithfull and diligent discharge of that trust committed unto them, and sall fyne all such of thair number as sall not give diligent attendance at ther meiting (in all which the generall officeres of the airmie are heirby priveledget to be present) and firme and stable holding and for to hald quhatsoever the saids commissioneres or quorumes forsaid sall doe in maner and for the end foirsaid, they alwayes being answerable to the parliament or estaites for thair proceidings in ther commissioune, whilk is ordainit to endure till the nixt meiting of the parliament and estaites and ay and whill the samen be specially dischargeit.

  1. NAS. PA8/1, f.106r-108v. Back
  2. This is possibly an error for Sir John Wauchope. Back