Edinburgh, 9 January 1644

Sederunt
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Committee Members: addition to committee of estates
E[arl] of Callender admitted on the committee

The convention of estats adjoyns the earle of Callander to the committee of estats, and appoynts him to be ressaved and admitted as ane of that nomber.

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Legislation
Act anent the putting out of the horse in Fyffe

The convention, haveing hard that be some difference in the shyre of Fyfe betuix the barrons and borrowis anent the putting out if thair horse, there is yit 21 of the number of ther horse not yit put out; and the convention, being careful to shune all occasion of difference betuix thame at this tyme, have thought fit for the interim untill it be decydit who ought to bring out thir men that the charge of leveying thir 21 horsemen be layed upon the Lord Balcarres, and for that effect, and in respect of the shortnes of tyme, ordans the collector of the shyre of Fyffe to delyver to the Lord Balcarres, or anie haveing his warrand, the soume of tua hundreth merks Scots for levey money of everie one of these horse out of the first end of the loan; and in the meane tyme, that the Lord Balcarres bring to the randevous the rest of the horse that are in reddines.

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Procedure: recommendation

The convention recommends to the earle of Hartfel to have a speciall care in preserveing the peace of that countrey within the bounds of the stuartrie of Annandail as colonel of these bounds.

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Legislation

The convention of estats, haveing red and considered the oath underwritten, they doe approve therof as fitting to be taken be all members of the committee of estats and all general officeres and colonells of the armie, and accordingly ordans the same to be taken and sworne be them all, quherof the tenor followeth:

The oath of the officers of the armie

We memberis of the comittee of estates and generall officeris and colonells of the armie undersubscryveand, all of us and each on[e] of us for ourselfe, with our handis lifted up to the most hie God, doe promise and sweare to be true and faithfull in this service according to the Solemne League and Covenant of the three kingdomes, and reallie to follow and promove be all lawfull meanes, according to our severall places and callingis, suche resolutiones and directions as are or salbe agreed and concludit mutuallie betweene thir tuo kingdomes or the comittee of this or both kingdomes appoynted for that effect in pursuance of the covenant, never to suffer our selfes directlie nor indirectlie be quhatsomever combination, persuasion or terror to be divydit or withdrawen therefra, nor to cast in anie let or impediment which may stay or hinder such resolutions as by commoun consent sall be fund to conduce for so good ends; never to enter into anie privat entercourse and treattie, nor to mak to nor accept frome the court or anie in name theirof or of anie of our professed adversars of privat offeres, conditions, promises or assureances without the knowledge and consent of the comittees of this or both kingdomes; never to mak nor countenance anie factions or mutinous counsellis and courses, bot reallie to endevour to suppresse or reveall them and all divisive and dangerous motions, that they may be tymeouslie obviatted; never to leave the defence of this caus, bot sincerlie and constantlie with Godis assistance to doe everie duetie belonging to our place and calling, and undergoe everie trouble and danger incident theirto to our utmost, all which we sall doe as in the sight of God, the searcher of heartis, and under the paine of his everlasting wrath and of infamie and losse of all honour and respect in this world.

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Procedure: commission and instructions to the lord chancellor
Commission to the lord chanceller

Wheareas this kingdome (efter all other meanes of supplicationes, remonstrances and sending of commissioners to his matie have beene used without successe) is entered into a Solemne League and Covenant with the kingdome and parliament of England for reformatione and defence of religion, the honour and happines of the king and the peace and saiftie of the three kingdomes of Scotland, England and Ireland, and ane treattie agreed on and ane armie raised and sent out of this kingdome for these endis; and the estates of this kingdome presentlie conveened, being still desyrous to use all good and lawfull meanes that trueth and peace may be established in all his maties dominions, and that without the effussion of more blood there may be suche a blessed pacification betuix his matie and his subjectis as may serve most for his matie true honour and the saiftie and happines of his people, they doe theirfore give full power and commission, expresse bidding and charge to Johne, earle of Loudoun, lord heich chancellor of this kingdome, Johne, lord Maitlane, now in England, Sir Archibald Johneston of Wareston and Maister Robert Barclay to repair with all diligence to the kingdome of England, and with power to them, or anie tua of them, to endevor the effectuatting of the foresaidis endis and all suche other matteris concerneing the good of both kingdomes as are or shall be frome tyme to tyme committed unto them be the estates of this kingdome or committees thereof, according to the instructions given or to be given [to] them, firme and stable holding and for to hold all and whatsomever thingis they sall doe conforme thereto.

Instructions frome the convention of estates to Johne, earle of Loudoun, lord heigh chancellor of this kingdome, Johne, lord Maitland, Sir Archibald Johnestoun of Wareston and Mr Robert Barclay, or anie tua of thame.

1. Ye shall labour by all meanes with the parliament and their committees that the covenant may be suorne and subscribit throughout the whole kingdomes of England and Ireland.

2. Yow shall concurre with and assist the commissioners of the kirk for bringing the churches within their kingdomes to the neirest unitie and conformitie in religion and churche governement, and for extirpation of poperie, prelacie, superstition, shisme, heresie and profaines, as is exprest in the covenant.

Seing both kingdomes are now joyned in one common cause and covenant and their saiftie consistis under God in their joynt counsells and endevors, ye shall assure in name of this kingdome our constant resolution with our lyfes and fortunes to stand to the defence theirof; and as our taking of armes is for the establisheing of religion and libertie in both nations, so shall yow signifie that these being obteined, it is still our earnest desire that by the joynt advice of both kingdomes all good meanes may be used for procureing suche a happie pacification betuix his matie and his people as may serve most for the glorie of God, his maties true honour and their prosperitie. And for the better effecting heirof, ye shall by all meanes strenthen the happie begune union and intertein the mutuall confidence and correspondence betuix the kingdoms, betuix their committees and betuix their armies, and to prevent all jealousies and mistakes which may aryse through their misapprehension or the suggestion of our commoun adversaries; and to this end, yow sall encurage the heartis of the weele affected, and by your advice endeavour to prevent or remove anie overtoures or motions frome enemies or newtralls to the prejudice of the covenant or treattie and commoun cause of both kingdomes.

3. Yow shall by all meanes endeavour to haisten doun to the armie the money alreadie due or what sall become due frome tyme to tyme, according to the treattie.

4. Yow shall advyse and direct Thomas Cuninghame and Johne Johneston in giving of the publict faith of this kingdome for the moneyes, victuall and other necessar provision whilk they sall receive and send doune to the armie.

5. Yow shall doe your uttermost endeavoris to procure the tymeous accomplishement of the propositions sent up unto the parliament frome both committees concerneing our armie in Ireland, and the payment of the billis of exchange that hes followed theirupon.

6. Yow shall delyver the declaration agreed on heir to be emitted in the name of both kingdomes and condiscended to the publisheing theirof (except their be materiall alterations theirof made prejudiciall to the interest of this kingdome), and ye shall advyse and consult with our brethren what further may be necessarie to goe frome both kingdomes for information and correspondence with other nations, and draw the same up, with anie other propositions [which] shall be thought necessarie for the mantenance of our armie in England or for remonstrances, declarations or petitions to the king's matie and answers to declarations or propositions sent from his matie concerneing the present troubles to be presented unto and agreed upon by the houses of parliament in England and the committees of the estates of Scotland, without whois particular warrand ye shall conclude nothing.

7. Yow shall be carefull to effectuat the particular desyres and instructions that shall be sent to yow frome either of the committees at Edinburgh or the armie, and to send bak to them frequent advertisementis of all your proceedings and of all concurrences that may concerne the cause, and that both by sea and land.

8. Yow shall make knowen how sensible this kingdome is of the sufferingis of the earle of Lothian, who wes be his maties warrand imployed in the publict serrvice of this kingdome, and endeavor be all good meanes for his releasement, that he may returne with freedome and saiftie to this kingdome.

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Legislation
Act anent Wauchton's regiment

The convention of estates, haveing heard and considered the petitions given in be Sir Patrik Hepburne of Wauchtoun proporting that the said convention wes pleased to nominat him or his eldest sone colonell of the regiment appoynted to come out of the shirefdome of Edinburgh, and that the committie of warre of the said shirefdome did appoynt his second sone rootemaister of one of the troups to come out of that shyre; and becaus upon some particular occasions there is no appearance of putting up a compleit regiment or troupe, therefore desyreing themselves to be discharged of this imployment and the same to be imposed upon another, and they will goe furth as privat men to attend the generall for witnessing their affection to the caus. The estates, being weele advised with the said suplication, doe acknowledge the diligence and faithfullnes of the said Sir Patrick in his former imploymentis of this kynd, and doe expect and requyre the continuance thereof, and recommend to the lord generall, when the armie sall be brought togither, to take some course so farre as may be that the said Sir Patrik, his regiment, may be made compleit up, conforme to the number of which it wes appoynted first to consist.

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