[1649/1/306]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune that for the glorie of God, the weill of his kirk and the just and peaceable government of his maties leidges within this kingdome it is most necessar that ther be a constant, certane and knowne modell and frame of law according to equitie and justice established be publict authoritie and published to all his majesties leidges, and withall taking to their consideratioune that diverse of his maties royall progenitors, be actis of parliament and be commissiounes under the great seall of this kingdome, have given warrandis, power and commissiounes to persones therinnominat for reviseing and considdering the lawis and actis of parliament of this kingdome, alsweill printed as unprinted, the old buik of law called Regiam Majestatem and the customes and practises of the severall judicatories of this kingdome, alsweill civill as criminall, and for gathering and collecting generall lawis to have bene perpetuallie and constantlie established for administratioune of justice within the kingdome, which commissiounes did never take the wished effect, pairtlie be reasone of the uther great and important effaires of the kingdome and pairtlie inregairde of the respective incident troubles of the tymes. And the estaites of parliament, being zealouslie desyreous for the glorie of God, the weill of his people and for the furtherance of the administratioune of justice within this kingdome to have alse farr as possible may be by the blissing of God ane perfyte rule for administratioune of justice in all causses befoir all judicatories, alsweill civill as criminall, established by his majesties authoritie and by authoritie of the estaites of parliament of this kingdome, doe thairfore give and grant full power and commissioune to Archbald, marques of Argyll, Sir Archbald Johnestoune of Wariestoune, clerk of register, Mr Thomas Nicolsone, his maties advocat, lairdis of Cesnok, Pollok and Libbertoune, Sir James Hope, Lord Fodderance, Johne Dicksone of Hairtrie, the provest of Edinburgh, Sir Johne Smith, Mr Robert Barkcley, Mr Alexander Peirsone, Mr Robert Bruce, Mr Rodger Mowat, Mr James Dalrumple, Mr Johne Eleis, Mr Thomas Murray and Mr Robert McGill, with power to the saidis commissioneris (or fyve of thame to be a quorum) to appoynte ane subcomittee of ther number not exceeding fyve for prepaireing the haill materiallis to thame, wha are constantlie to attend and doe dilligence therin; unto whome the saidis estates allowis [...] per mensem to ilk ane of thame for ther paines and attendance. With power also to the saidis commissioneris to conveene in whatsomever places and at whatsomever tymes and how oft as they sall think fitt, and to revise and considder all the lawis, statutes and actis of parliament of this kingdome maid and inacted at any tyme bygane, alsweill printed as not printed; and als to considder all the conswetudes and practises of the kingdomes† whilk have had the force of lawis and have bene receaved as practiks, alsweill in criminall as in civill judicatories within this kingdome, alswell befoir the lordis of sessioune, justice generall, commissar or shireff courtis and all inferior judicatories within the kingdome. And for that effect with power to the saidis commissioneris and ther quorum foirsaid to caus be exhibite befoir thame be the clerk of register, the justice clerk, commissar clerk or any uther clerkis of any ordinarie judicatories foirsaidis and ther deputtis all and whatsomever ther registeris and rollis contening the foirsaid lawis and actis of parliament, alsweill printed as unprinted, and also the registers of all sentences, interloquitors or definitive befoir the lordis of sessioune, justice generall, commissaris or any uther judge ordinar within this kingdome, togidder with the old registeris of the buik called Regiam Majestatem; to the effect that, efter dew consideratioune of the foirsaidis lawis, actis of parliament, consuetudes and practises, and mature and solide consultatioune and deliberatioune had and taken therupone be the foirsaidis commissiouneris or ther quorum foirsaid, they may be ther caire, solicitude and industrie collect, draw up and compyll ane formall modall and frame of a buik of just and equitable lawis to be established and authorized be his matie and estaites of parliament for governing of the leidges in tyme cumeing, and for administratioune of justice to thame in all the foirsaidis judicatories, to be reported be the saidis commissiouneris or ther quorum foirsaid to the estaites of parliament with all dilligence, togidder with their opinion and judgement concerneing the abrogating of any bygane actis of parliament whilks are now of longtyme bygane gone in desuetude or quhilks ar superfluous or unproffitable in tyme cumeing, to the effect that the kingis matie and the estaites of parliament, efter reviseing and considdering of ther reporte and efter they sall have found the samyne to be for the gude of his maties leidges, may establish the same as a perpetuall law in all tyme cumeing.