Edinburgh, 9 January 1644

Sederunt
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Committee Members: addition to committee of estates
[James Livingstone], earl of Callander admitted to the committee

The convention of estates adjoin the earl of Callander to the committee of estates, and appoint him to be received and admitted as one of that number.

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Legislation
Act anent the putting out of the horse in Fife

The convention, having heard that by some difference in the shire of Fife between the barons and burghs anent the putting out of their horse, there is yet 21 horsemen not yet put out; and the convention, being careful to shun all occasion of difference between them at this time, have thought fit for the interim until it be decided who ought to bring out their men that the charge of levying the 21 horsemen be laid upon [Alexander Lindsay], lord Balcarres, and for that effect, and in respect of the shortness of time, ordain the collector of the shire of Fife to deliver to the Lord Balcarres, or any having his warrant, the sum of 200 merks Scots for levy money of every one of these horse out of the first end of the loan; and in the meantime, that the Lord Balcarres bring to the rendezvous the rest of the horse that are in readiness.

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Procedure: recommendation

The convention recommends to [James Johnston], earl of Hartfell to have a special care in preserving the peace of that country within the bounds of the stewartry of Annandale as colonel of those bounds.

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Legislation

The convention of estates, having read and considered the oath underwritten, they do approve thereof as fit to be taken by all members of the committee of estates and all general officers and colonels of the army, and accordingly ordain the same to be taken and sworn by them all, whereof the tenor follows:

The oath of the officers of the army

We members of the committee of estates and general officers and colonels of the army under-subscribing, all of us and each one of us for ourselves, with our hands lifted up to the most high God, do promise and swear to be true and faithful in this service according to the Solemn League and Covenant of the three kingdoms, and to follow and promote by all lawful means, according to our several places and callings, such resolutions and directions as are or shall be agreed and concluded mutually between these two kingdoms or the committee of this or both kingdoms appointed for that effect in pursuance of the covenant, never to suffer ourselves directly nor indirectly by whatsoever combination, persuasion or terror to be divided or withdrawn from that, nor to cast in any hindrance or impediment which may stay or hinder such resolutions as by common consent shall be found to contribute for so good ends; never to enter into any private intercourse and treaty, nor to make nor accept from the court or any in name thereof or of any of our professed adversaries private offers, conditions, promises or assurances without the knowledge and consent of the committees of this or both kingdoms; never to make nor countenance any factions or mutinous counsels and courses, but to endeavour to suppress or reveal them and all divisive and dangerous motions, that they may be timeously prevented; never to leave the defence of this cause, but sincerely and constantly with God's assistance to do every duty belonging to our place and calling, and undergo every trouble and danger incident thereto to our utmost, all which we shall do as in the sight of God, the searcher of hearts, and under the pain of his everlasting wrath and of infamy and loss of all honour and respect in this world.

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Procedure: commission and instructions to the lord chancellor
Commission to [John Campbell, earl of Loudoun], lord chancellor

Whereas this kingdom (after all other means of supplication, remonstrance and sending of commissioners to his majesty have been used without success) is entered into a Solemn League and Covenant with the kingdom and parliament of England for reformation and defence of religion, the honour and happiness of the king and the peace and safety of the three kingdoms of Scotland, England and Ireland, and a treaty agreed on and an army raised and sent out of this kingdom for these ends; and the estates of this kingdom presently convened, being still desirous to use all good and lawful means that truth and peace may be established in all his majesty's dominions, and that without the effusion of more blood there may be such a blessed pacification between his majesty and his subjects as may serve most for his majesty's true honour and the safety and happiness of his people, they do therefore give full power and commission, express bidding and charge to John, earl of Loudoun, lord high chancellor of this kingdom, John [Maitland], lord Maitland, now in England, Sir Archibald Johnston of Wariston and Mr Robert Barclay to proceed with all diligence to the kingdom of England, and with power to them, or any two of them, to endeavour the effectuating of the aforesaid ends and all such other matters concerning the good of both kingdoms as are or shall be from time to time committed to them by the estates of this kingdom or committees thereof, according to the instructions given or to be given to them, firm and stable holding and to hold all and whatsoever things they shall do according thereto.

Instructions from the convention of estates to John, earl of Loudoun, lord high chancellor of this kingdom, John, lord Maitland, Sir Archibald Johnston of Wariston and Mr Robert Barclay, or any two of them.

1. You shall labour by all means with the parliament and their committees that the covenant may be sworn and subscribed throughout the whole kingdoms of England and Ireland.

2. You shall concur with and assist the commissioners of the kirk for bringing the churches within their kingdoms to the nearest unity and conformity in religion and church government, and for extirpation of popery, prelacy, superstition, schism, heresy and profaneness, as is expressed in the covenant.

Seeing both kingdoms are now joined in one common cause and covenant and their safety consists under God in their joint counsels and endeavours, you shall assure in name of this kingdom our constant resolution with our lives and fortunes to stand to the defence thereof; and as our taking of arms is for the establishing of religion and liberty in both nations, so shall you signify that these being obtained, it is still our earnest desire that by the joint advice of both kingdoms all good means may be used for procuring such a happy pacification between his majesty and his people as may serve most for the glory of God, his majesty's true honour and their prosperity. And for the better effecting hereof, you shall by all means strengthen the happy union now begun and maintain the mutual confidence and correspondence between the kingdoms, between their committees and between their armies, and to prevent all jealousies and mistakes which may arise through their misapprehension or the suggestion of our common adversaries; and to this end, you shall encourage the hearts of the well-affected, and by your advice endeavour to prevent or remove any overtures or motions from enemies or neutrals to the prejudice of the covenant or treaty and common cause of both kingdoms.

3. You shall by all means endeavour to hasten down to the army the money already due or what shall become due from time to time, according to the treaty.

4. You shall advise and direct Thomas Cunningham and John Johnston in giving of the public faith of this kingdom for the monies, victual and other necessary provision which they shall receive and send down to the army.

5. You shall do your utmost endeavours to procure the timely accomplishment of the propositions sent up to the parliament from both committees concerning our army in Ireland, and the payment of the bills of exchange that have followed thereupon.

6. You shall deliver the declaration agreed on here to be emitted in the name of both kingdoms and condescended to the publishing thereof (unless there be material alterations thereof made prejudicial to the interest of this kingdom), and you shall advise and consult with our brethren what further may be necessary to go from both kingdoms for information and correspondence with other nations, and draw the same up, with any other propositions which shall be thought necessary for the maintenance of our army in England or for remonstrances, declarations or petitions to the king's majesty and answers to declarations or propositions sent from his majesty concerning the present troubles to be presented to and agreed upon by the houses of parliament in England and the committees of the estates of Scotland, without whose particular warrant you shall conclude nothing.

7. You shall be careful to effectuate the particular desires and instructions that shall be sent to you from either of the committees at Edinburgh or the army, and to send back to them frequent advertisements of all your proceedings and of all concurrences that may concern the cause, and that both by sea and land.

8. You shall make known how aware this kingdom is of the sufferings of [William Kerr], earl of Lothian, who was by his majesty's warrant employed in the public service of this kingdom, and endeavour by all good means for his release, that he may return with freedom and safety to this kingdom.

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Legislation
Act anent [Sir Patrick Hepburn of] Waughton's regiment

The convention of estates, having heard and considered the petitions given in by Sir Patrick Hepburn of Waughton purporting that the said convention was pleased to nominate him or his eldest son colonel of the regiment appointed to come out of the sheriffdom of Edinburgh, and that the committee of war of the said sheriffdom did appoint his second son rutmaster of one of the troops to come out of that shire; and because upon some particular occasions there is no appearance of putting up a complete regiment or troop, therefore desiring themselves to be discharged of this employment and the same to be imposed upon another, and they will go forth as private men to attend the general for witnessing their affection to the cause. The estates, being well advised with the said supplication, do acknowledge the diligence and faithfulness of the said Sir Patrick in his former employments of this kind, and do expect and require the continuance thereof, and recommend to [Alexander Leslie, earl of Leven], lord general, when the army shall be brought together, to take some course so far as may be that the said Sir Patrick's regiment may be made complete, according to the number of which it was appointed first to consist.

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