[1641/8/173]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, considering that forasmuch as the estates of parliament in June 1640, for the reasons and considerations moving them at that time, did nominate, elect, choose and appoint the late John [Leslie], earl of Rothes, John [Kennedy], earl of Cassilis, Charles [Seton], earl of Dunfermline, John [Fleming], earl of Wigtown, William [Kerr], earl of Lothian, John [Lindsay], lord Lindsay†, John [Elphinstone], lord Balmerino, Robert [Balfour], lord [Balfour of] Burleigh, James [Elphinstone], lord Coupar, John [Carnegie], lord Loure, Sir Alexander Gibson of Durie, Sir John Hope of Craighall, Sir John Scott of Scotstarvit, senators of the college of justice, Sir Patrick Hepburn of Waughton, Sir David Home of Wedderburn, Sir Patrick Murray of Elibank, Sir Patrick Hamilton of Little Preston, Sir William Cunningham of Caprington, Sir William Douglas of Cavers, Sir Thomas Nicolson of Carnock, James Chalmers of Gadgirth, Sir Thomas Hope of Kerse, [William] Drummond of Riccarton, John Forbes of Leslie, Master George Dundas of Manner, John Smith [of Grotehill], Edward Edgar, Thomas Paterson, Richard Maxwell, burgess of Edinburgh, Master Alexander Wedderburn, clerk of Dundee, Master Alexander Jaffray [of Kingswells], burgess of Aberdeen, or Master William More in his absence, William Hamilton, bailie of Linlithgow, James Sword, burgess of St Andrews, George Porterfield, bailie of Glasgow, Hugh Kennedy, bailie of Ayr, James Scott [of Logie], burgess of Montrose, and John Rutherford, provost of Jedburgh, and certain other persons to be commissioners from the said estates, to whom they gave and granted full power, warrant and commission to do, order, direct, act and put in execution everything necessary, expedient and incumbent as well for the preservation and maintenance of the armies, both horse and foot, by sea and land, as for the ordering of the country and whole body and inhabitants thereof, deciding of questions and debates which should happen to arise or fall out in any business which should occasion or offer within the kingdom concerning the peace and quiet thereof, without prejudice of the ordinary judicatories established within this kingdom by acts of parliament; and with power to them to borrow, uptake and levy monies for the use of the public and to give and prescribe orders for disbursing thereof, and generally did give them full power to do all and sundry other things requisite regarding the ordering, directing, managing, prosecuting and executing of all affairs and business of this kingdom which might or should conduce to the well of the same or any part thereof, and which might or could be needful to be done by them for maintenance and preservation of the true religion and liberties of this kingdom regarding the premises, as the said commission of 11 June 1640 in the same at more length bears. And also the said estates did nominate and constitute Master Adam Hepburn of Humbie to be clerk to the said commission, and gave him power to substitute deputes, one or more. And his majesty and the said estates now presently convened, having taken to consideration the pains taken by the said noblemen, barons, burgesses and others particularly above-rehearsed, as well those who remained at Edinburgh as those who went along with the army and resided at the camp or were sent as commissioners to Ripon and London, and of the said Master Adam Hepburn and Robert Hepburn, his colleague, who served as clerks in the said commission, they find that they have walked uprightly, faithfully, diligently and carefully in the discharge of the said commission, answerable to the trust imposed upon them, and therefore his majesty, with advice and consent of the said estates, has approved, and by this act approves, their proceedings and carriage therein and declares them and every one of them to have done good service to his majesty and this kingdom, and that they have behaved themselves as good Christians, loyal subjects and well deserving patriots.
[1641/8/174]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the members of the late committees from the said estates of parliament, to whom the furnishing of the arms and all other necessary expense concerning the public was entrusted, according to the power and commission given to them, as likewise others who were not of the committee and also the commissary-general or his deputes, having borrowed and undertaken great sums of money for the necessary use and benefit of the public, for the which sums and debts contracted by the said committees they have given securities to the parties partly by public acts in name of the estates, and where many person were difficult and scrupulous to advance and lend monies and other necessaries upon the public security, those of the said committees and others foresaid have given their own particular bonds and have moved diverse other persons to give bond and security to the said lenders of the said sums bearing borrowed money without any relation to the public. Likewise diverse noblemen, barons and burghs and others, before the establishing of the said committees of estates, did willingly, for advancement of the public service, give their particular bonds for great sums of money for the public use, and which were given in to the commissaries and collectors and accounted for by them in their accounts, whereby the forenamed persons who have granted such bonds may be distressed for payment of the said sums at the instance of the persons to whom they are bound, so as for their furtherance and affection to the advancement of the public service their estates and credits may both be endangered unless remedy be provided. And his majesty and estates foresaid, being careful that neither the members of the said committees nor any other persons may suffer prejudice in their estates or credit by or through any bonds granted by them to any persons for lent money, silver plate or any other necessary commodity furnished and advanced for the public use, but that they and every one of them, their heirs and executors be freed and relieved by the said estates of the same, and of all damage, peril and danger which they may incur or sustain through this, it being made apparent that the sums of money or other commodities for the which they have given bond as said is are counted for or applied for the use of the public and approved by public act, order and warrant, therefore our said sovereign lord and estates of parliament, by virtue of this present act, do hereby bind and oblige the estates of this kingdom to warrant and relieve the said members of the said committee of estate and all other persons whatsoever who have given bond and security for any sums of money or other commodities for the public and whereof account and reckoning is or shall be made and approved, whereby it may appear that the same are employed for the use of the public by public warrant as said is. And for their better relief of the same, the said estates of parliament bind and oblige them and the whole body of this kingdom to make payment to the persons' creditors to whom the said bonds and securities are given of the same sums or other commodities or prices thereof, and that at the terms of payment appointed by the said bonds with the interest thereof, according thereto in all points, and to purchase and deliver to each person so bound as said is their said bonds given by them or sufficient discharges of the same with all convenient diligence, and in the meantime, to keep them harmless and unscathed of the same bonds and of all execution, peril and danger which may follow thereupon, so being that the sums and goods contained in the said bonds have been applied to the public use by public order and warrant as said is, and are or shall be counted for and approved in the accounts of the common burdens of this kingdom, which bonds so contracted and undertaken are hereby declared to be public debts upon the estates and shall affect and burden them, notwithstanding that the same be given by particular persons without relation to the public in manner foresaid.