At Edinburgh, 2 February 1644

Procedure: repayment of public debt to John Boswald
James Boswald

Forasmuch as James Boswald, merchant in Edinburgh, having, by warrant and contract made between him and the lords of his majesty's privy council, transported 3,000 bolls of oatmeal to Ireland and delivered them at Carrickfergus for the use of the Scottish army there to Alexander Muir, receiver of the victual of the said army, as the note of receipt under the hand of the said Alexander of 7 September last bears, for each boll of meal thus transported the council was bound to pay to him, his heirs, executors or assignees 17 merks Scots money, the one half thereof upon demand (which was accordingly paid at the transporting of the said meal), and the other half after the report of the note of receipt of the meal in Ireland, with the ordinary annualrent so long as the said sum should be unpaid after the times set down above. And the estates of the kingdom presently convened, remembering that in consideration and for payment of the great sums of money owing for victual and other necessaries furnished to that army they granted a loan to be uplifted in this kingdom, and finding it just and reasonable that the said James Boswald be speedily paid of the other half of the price of the said meal so timeously transported by him as said is, do therefore give warrant and command to the general collector of the loan and tax and his deputes to pay and deliver to the said James Boswald, his heirs, executors and assignees the sum of £17,000, as being the just price of 1,500 bolls of meal at 17 merks the boll, with a quarter's annualrent thereof from Martinmas [11 November] to Candlemas [2 February] last, extending to £340, and that they pay this out of the first and readiest of the loan not formerly disposed upon by public warrant, for the which this act shall be their warrant. And it is hereby declared that what proportion hereof shall not be paid as said is, the sum with the annualrent thereof shall remain as a public debt due by this kingdom to him and his aforesaids, who shall have payment thereof from the public.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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  9. i.e. the quorum need not contain a specific number of each estate. Back
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James Boswald

Forasmuch as James Boswald, merchant in Edinburgh, having in the month of August last sold and delivered to General Major Munro for the use of the Scottish army in Ireland 556 bolls of meal at 19s 6d sterling the boll, amounting to the sum of £532 16s 8d sterling, as by a certificate under the hand of the said General Major Munro and ticket of receipt of the hand of Alexander Muir, receiver of the victual of that army, does fully appear. And the estates of this kingdom, finding it most reasonable that all who have sold any victual to that army be thankfully paid of the price of the same, with the annualrent of the same, out of the arrears due to the said army by the parliament of England, do therefore declare that the said sum of £532 16s 8d sterling, with the annualrent thereof from Martinmas [11 November] last and during the non-payment thereof, is a just debt and burden upon the arrears of the said army, and that the said James Boswald, his heirs, executors and assignees ought and should be paid of the same out of the first and readiest of any monies that shall come from England for the use of that army, and hereby give warrant to their committees to see him paid accordingly. But if it shall happen that the said James and his aforesaids shall not receive payment this way, then and in that case it is declared that the said sum and arrears due thereof being assigned to the public, that the same, with the annualrent thereof, shall remain as a public debt due to him by this kingdom, which they will have a care to see duly paid.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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  9. i.e. the quorum need not contain a specific number of each estate. Back
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  13. i.e. the quorum need not contain a specific number of each estate. Back
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Legislation
Act for borrowing of money

Act of the estates of Scotland for raising of monies for a present supply to the armies sent into England and Ireland.

Forasmuch as the convention of estates, finding themselves bound in conscience and duty for settling of a stock of credit and security whereupon sums of money may be presently raised for supply of the army sent into England and relieving in some measure the extreme want of the Scottish army in Ireland, did conclude and agree that the same should be by way of excise. Yet considering that the necessities of the armies cannot accommodate any delay and the sums to be raised on this excise will not be timeously gathered in for supply thereof, but that the same joined with the public faith of this kingdom may be a sufficient surety to any that will advance monies in the interim, have therefore thought fit to require and ordain that all persons of this kingdom who have monies, or by their credit and surety can best and soonest raise money, to lend the same to the estates or their committees for the uses aforesaid, who shall have assurance for their repayment from the public out of the monies due by the kingdom of England to the armies according to the proportion to be advanced to either of them respectively or that shall be raised upon this excise, which the collector and his deputes shall be bound to pay them out of the first of his intromission thereof or by any other manner of surety, private or public, they shall desire. And in case any shall desire private surety, it is hereby ordained that the persons whom the lenders shall desire to be bound to them shall either oblige themselves to the lenders or furnish the monies themselves, and in either case shall have public surety aforesaid for their relief, and the persons thus obliged to the lenders in a private surety shall have such others of any estates (that are in the town or shire where the money is to be borrowed) joined with them as they shall desire. And for the better prosecuting hereof, the estates give power to their committee in such a necessity and upon warrant of repayment aforesaid to call before them all such persons as are known to be able by themselves or their credit to lend or raise money, and to require and ordain them to lend or give such surety as will presently raise the sums of money the committee shall require from them upon the assurance above-written; and if any shall refuse, with power to the committee to take such course with them as in a time of so present necessity they shall think fit to make them advance monies as said is. But if any will be pleased upon this security willingly to offer monies, it shall be esteemed and embraced as a real testimony of their affection to religion and the cause in hand. And further the estates give hereby power and command to the committees of war in the shires to take such course within their several bounds for procuring of money in manner aforesaid as is above-written or from time to time shall be directed to them from the committee of estates, and to report.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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  9. i.e. the quorum need not contain a specific number of each estate. Back
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Procedure: repayment of public debts
George Porterfield

Forasmuch as George Porterfield, merchant in Glasgow, has in April and May 1643 sold and delivered to General Major Munro for the use of the Scottish army in Ireland 847 barrels of wheat at 34s 6d sterling each boll, amounting the sum to £1,460 11s 6d sterling; as also clothes and shoes amounting to £575 11s 6d sterling, which sums, with three quarters annualrent from the time aforesaid until Candlemas [2 February] next, extends to £2,147 13s sterling, as the certificate under the hand of General Major Munro and William Thomson, commissary of the said army, and shown to the estates more fully purports. And the estates, finding it most just and reasonable that timely and thankful payment be made to the said George of the said sum out of the arrears due by the kingdom of England to that army or any other monies lifted for the use of the said army, do therefore declare that the same, with the annualrent thereof during the non-payment, shall remain and be a debt and burden to be paid of the first of the arrears that shall come for that army. But in case the said George shall not get payment that way, then and in that case the said estates declare that he, or any having his warrant assigning them or their committees to the said sums and arrears due thereof, that they and this kingdom shall be full debtors to him thereof, and accordingly give warrant and command to the general collector of the loan and his deputes to pay and deliver to the said George Porterfield, or any having his warrant, the said sum of £2,147 13s sterling out of the first and readiest of the loan not already disposed on by public warrant, they always receiving assignation to the same and arrears due thereof as said is, for the which this act shall be their warrant.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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  9. i.e. the quorum need not contain a specific number of each estate. Back
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David Wemyss

Forasmuch as David Wemyss, merchant in Dundee, did in the month of November 1642 sell to [Alexander Leslie, earl of Leven], lord general, for the use of the Scottish army in Ireland 426 barrels of wheat at 28s sterling the barrel, extending both to £711 8s sterling, and received from William Thomson, commissary of the said army, £120 sterling in part payment thereof, and the lord general gave him a bill for the remainder, extending to £591 8s sterling, to be paid by the commissioners then at London out of the first monies to be received by them for the use of the said army, which he has not as yet received, as a certificate under the hand of the said William Thomson, commissary of the said army, shown to the said convention of estates bears. And they finding it just and reasonable that the said David should be satisfied of the remainder of the said sum, as for the price of the said victual so seasonably furnished to the said army and yet unpaid, do therefore declare that the same is and shall remain as a debt and burden to be paid out of the first end of the arrears due by the kingdom of England to the said army in Ireland, with the annualrent due for the same from the date of the order for payment, and shall be careful to see the same paid out of the first end of the said arrears that shall come for the said army. And in case the said David shall not receive payment that way, then and in that case the estates of this kingdom do declare that upon assignation to be made to them of the said sum and part of the arrears due thereof, the same, with the annualrent due for the non-payment thereof, is and shall be a public debt of this kingdom, and that the estates thereof and their committees shall be careful to see the same paid accordingly.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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Alexander Bridie

Forasmuch as General Major Munro and the other officers and soldiers of the Scottish army in Ireland, being in necessity of great provision for the army, gave order to Alexander Muir, receiver of their victual, to agree a price and receive from Alexander Bridie, merchant in Aberdeen, the number of 417 barrels of meal upon 2 January last at 20s sterling, amounting to £417 sterling, as a precept under the hand of the said general major testifying the same and commanding the commissioners of the army to pay the same upon sight more fully purports. And the estates presently convened, having seen and considered the said precept and finding it just and reasonable that payment be made for the price of the said victual so seasonably furnished as said is, do therefore declare that the same is and shall remain as a debt and burden to be paid out of the first end of the arrears due by the kingdom of England to that army in Ireland, with the annualrent due for the same from the date of the order for payment, and that they will be careful to see the same paid out of the first of the arrears that shall come for that army. And in case the said Alexander shall not get payment that way, then and in that case the estates of this kingdom do declare that upon assignation to be made to them of the said sum and arrears due thereof, the same, with the annualrent during the non-payment thereof, is and shall be a public debt of this kingdom, and that the estates thereof and their committees shall be careful to see the same paid accordingly.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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Letter: to the English parliament

Right honourable,

The convention of estates, having considered your lords' letters of the 22 and 30 January, and knowing that on the success and welfare of that army, the good of religion and peace of this kingdom does depend, have been most careful not only in giving orders for bringing out the remainder of horse and foot, baggage and ammunition horse to the rest of the army, but also have been thinking on the best means how present sums of money may be lifted for supplying the necessities both of that army and of the other that is in Ireland. And for that end, after serious deliberation, have agreed unanimously upon an excise, as will more fully appear to your lords by the enclosed copy of the act itself. Yet fearing that the monies that shall arise upon this excise come not in timeously enough for a present supply, they have thought fit that there be presently borrowed £20,000, whereof £10,000 to be sent to the army in Ireland with 5,000 bolls of meal beside the five that have lain this while in Leith, and the other £10,000 is to be employed for the use of the army in England, and the committee are presently to go about the same.

They have also, according to your desire, changed the quorum of your committee to any seven without distinction in absence of the rest of the estates, whereof you shall receive the enclosed act. They have also ordained this kingdom to be presently put in a posture of defence and to provide arms and ammunition, and have resolved not only that these regiments in the northern shires who have not come out already be presently called out, but also that some forces be ready in each shire to come out for a recruit to the army as they shall be required. The particular way thereof will be best known to you by the enclosed act agreed to by the estates for that purpose.

They have also given order for an advance of money for equipment to four surgeons, each whereof is to serve a brigade, and will be careful that with all diligence they be directed there.

Upon the receipt of your lords' letter of 30 January, proclamation was made at the market cross of Edinburgh upon 1 February commanding all officers of the army to proceed to their several places in the army within 10 days, under the pain of losing of their places. And conceiving it suitable to our duty and course formerly observed by us to neglect no opportunity which may witness the loyalty of our intention, our due respect to his majesty and sincerity of our desires for settling of truth and peace upon the grounds expressed in the covenant, we have sent you the warrant of a supplication or remonstrance to be made by you to his majesty on behalf of this kingdom in which we could not descend into particulars, but leave them to be expressed by you as you find the posture of affairs and the fittest opportunity to make use thereof. So praying that God may bless you and us in all the passages of this great work in which both kingdoms are so deeply engaged and we honoured to be employed, we rest.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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Procedure: commission and instructions approved

The convention of estates ratify and approve the commission and instructions given at the late meeting of the estates to [John Campbell, earl of Loudoun], lord chancellor, etc. to proceed to England.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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Committee Members: additions to committee of estates
Persons adjoined to the committee

The estates adjoin [Archibald Douglas, earl of] Angus, [David Wemyss, lord] Elcho, [Alexander Elphinstone, lord] Elphinstone and [John Hamilton, lord] Bargany, Sir John Hope [of Craighall], Sir Archibald Campbell, Sir William Carmichael, Mr James Reid, Robert Fleming, Laurence Henderson, John Kennedy in Ayr and Mr Robert Cunningham to the committee of estates that remains within the kingdom.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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Procedure: quorum of the committee of estates
Quorum of the committee at home

The estates, considering that through the absence of the quorum of the committee the service may happen to be retarded, do therefore declare that in absence of any of the estates or quorum formerly appointed, that any seven of the whole number without distinction shall make up a quorum, and ordain that intimation be made of all meetings by a macer or according to the act, and that the same be made alike to all the estates.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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Procedure: commissions to committee of estates approved

The estates ratify and approve and renew the commissions formerly given to the committee of estates, and ordain them to proceed according to the power given to them in that particular matter, and approve the bygone proceedings of the said committee and members thereof contained in the public register.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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Procedure: adjournment

The estates appoint their next meeting to be at Edinburgh 10 April next, and that publication be made thereof at the market cross of Edinburgh etc.

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  6. An extract of this act can be found in NAS. PA6/8 at 2 February 1644. Back
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