The estates of parliament, now convened in this sixth session of the first triennial parliament, taking into their consideration the commission formerly granted to the exchequer upon 1 February 1645, they do hereby renew and prorogate the same commission to the persons and with power mentioned therein, and add thereto Sir Archibald Johnston of Wariston, knight, his majesty's advocate, in place of the late Sir Thomas Hope [of Craighall], his majesty's advocate, without any further addition to the said commission, and ordain the aforesaid commission to stand in full force, strength and effect and to be a full power and commission to the aforesaid persons to assist the lord treasurer principal and treasurer depute in the managing of the matters of exchequer, according to the tenor thereof in all points until the same be discharged by the parliament.
[1646/11/438]*[print] [email] [cite] [preceding] [following]
The which day in presence of the estates of parliament now convened Sir James Lockhart of Lee, one of the lords of session and commissioner of parliament, in name and on behalf of George Lockhart of Tarbrax, commissary of Glasgow, exhibited and produced the decreet and determination after-specified, whereof the tenor follows: Edinburgh, 23 March 1647. We, John [Maitland], earl of Lauderdale, William [Hamilton], earl of Lanark, James [Livingstone], earl of Callander, Sir William Cochrane of Cowdoun, knight, Mr George Dundas of Manor, Sir Thomas Ruthven of Freeland, Mr Robert Cunningham, burgess of Kinghorn, William Glendinning [of Gelstoun], provost of Kirkcudbright, and Gideon Jack, bailie of Lanark, having power and commission from the estates of parliament of this kingdom of the date 16 March instant to consider and determine anent the supplication of George Lockhart of Tarbrax, the supplication of the provost, bailies and council of the burgh of Glasgow, and the supplication of Mr Archibald Fleming, late commissary thereof, with power also to us (or any five of us as a quorum, as is contained in the said commission) to determine therein as we shall think just and expedient; having heard and considered the supplications of both parties and reasons thereof and what has been said hereupon therein, and after serious and mature deliberation had by us relating thereto, we do by this act ratify and approve the commission granted by the committee of processes to the said George Lockhart of the office of the commissariat of Glasgow and of new give, authorise and constitute the said George Lockhart commissary of the commissariat of Glasgow for life without offence, giving to him (and the deputes to be appointed by him whom he is authorised hereby to nominate and for whom he shall be answerable) all fees, privileges, immunities and casualties belonging thereto within the whole bounds and limits of the said commissariat, to be exercised and enjoyed by him as fully and freely in all points as any other commissary lawfully does or may do within this kingdom, and particularly with power to him to create all such members of court that they are in use to create if the places of any of them shall happen to become vacant by death or otherwise. And likewise we by this act constitute and appoint the said Mr Archibald Fleming joint commissary of the commissariat of Glasgow after the issue of the troubles of this kingdom, debarring and discharging him always of all exercise of jurisdiction of the said office and place for life without offence of the said George Lockhart. And further we, the said commissioners, do hereby ordain the said George Lockhart after the expiring of three years forth and from Lammas [1 August] 1646 to make a just and true account upon oath from Lammas 1649 quarterly or termly thereafter as the said Mr Archibald shall require of the whole fees, profit and benefit that shall be got by the said George Lockhart and his deputes, and to pay to the said Mr Archibald the equal half of all the aforesaid fees and profits thereof that shall arise for the said office for the remaining years after the expiring of the said three years. Signed thus, Lauderdale, Lanark, Sir W. Cochrane, Mr G. Dundas, Mr R. Cunningham, W. Glendinning, Gideon Jack. Which decreet and determination aforesaid, being read in audience of the parliament and heard, considered and advised by the estates of parliament, they ratify and approve the same in the whole points, heads, articles and conditions thereof above-mentioned, and do hereby interpose the authority of parliament thereto and ordain the same to have the strength and force of an act of parliament in all time coming, and to be inserted and registered in the books of parliament in manner as is above-written.