[1661/1/13]*[print] [email] [cite] [preceding] [following]
The commissions underwritten, the one for articles and processes, the other for petitions and trade, were read and passed in parliament and the nomination of the persons was as follows: the nobility retired to the inner house, the barons stayed in the parliament house and the burghs retired to that room where the commissaries sit and each of them chose twelve of their own number and presented them to his majesty's commissioner, who being satisfied with the election allowed them to return in parliament where the lists were read and the commissions passed accordingly, whereof the tenor follows.
The king's majesty, considering how necessary it is for his own honour, for the public good of his subjects and the more orderly and speedy dispatch of business in this parliament that their proceedings and manner thereof be as conforming as conveniently may be to the ancient customs and forms used in the parliaments of this kingdom before these troubles, do therefore, with advice and consent of his estates of parliament, give power, commission and charge to the lord [William Douglas], duke of Hamilton, [James Graham], marquis of Montrose, [Gilbert Hay], earl of Erroll, [William Keith], earl Marischal, [John Erskine], earl of Mar, [John Leslie], earl of Rothes, [John Murray], earl of Atholl, [James Home], earl of Home, [John Hamilton], earl of Haddington, [William Crichton], earl of Dumfries, [James Livingstone], earl of Callander, [James Johnston], earl of Hartfell, Sir John Gilmour of Craigmillar, Sir Peter Wedderburn of Gosford, Sir Thomas Hamilton of Preston, Sir James Lockhart of Lee, Sir John Murray of Polmaise, Sir Archibald Stirling of Garden, Sir Alexander Gibson of Durie, Sir George MacKenzie of Tarbat, Sir James Foulis of Colinton, Mungo Murray of Garth, William Scott of Ardross, Sir Gilbert Ramsay of Balmain, Sir Robert Murray [of Cameron], provost of Edinburgh, Mr John Paterson [of Benchillis], provost of Perth, Alexander Wedderburn [of Kingennie], commissioner for Dundee, William Gray, commissioner for Aberdeen, Duncan Nairn, provost of Stirling, Andrew Glen, provost of Linlithgow, John Bell [of Hamilton Ferme], provost of Glasgow, William Cunningham [of Brownhill], provost of Ayr, William Seaton, provost of Haddington, John Irvine, commissioner for Dumfries, John Auchterlony, commissioner for Arbroath, and Hugh Sinclair [of Ingleston], commissioner for Annan, with the officers of estate, to be commissioners and lords of the articles and processes; with power to them or the major part of them to consider and advise upon all such articles, proposals, overtures, acts or laws as they shall conceive necessary to be passed by his majesty in parliament concerning his majesty's honour, the due asserting of his ancient royal prerogative, the preserving of the just liberties of the subjects and securing the peace of the kingdom, and also to receive in from any that shall offer the same all such papers, overtures, proposals, acts, laws or petitions as relate to these ends, or may concern the king's majesty, this his ancient kingdom or the public interest of the people, and to prepare the same with their thoughts thereof, to be represented weekly or more often to the consideration of his majesty's commissioner and the estates of parliament. Also with power also to them by themselves or by such of their number as they shall think fit to appoint, and such of the justice deputes as they shall adjoin with them, to be commissioners for ordinary calling and hearing of all processes and indictments that are or shall be depending before the parliament, to call before them the parties, receive their answers, replies, duplies etc., examine witnesses and to do everything for bringing of these processes and indictments to a speedy close, and then the quorum of the whole to represent the same to his majesty's commissioner and the estates of parliament that they, after consideration both of the relevancy and probation, may take such course therein as they shall think fit, and in case the commissioners shall think fit for dispatch of business to divide themselves, then the major part of either division to be the quorum thereof. And it is hereby declared that all processes and indictments or anything relating thereto, and also all overtures, proposals, acts or petitions concerning the public interests above-mentioned, are first to be brought in and presented to the commissioners aforenamed and thereafter by the said commissioners they are to be brought in in open parliament as said is, and in case the commissioners shall not represent them to the parliament, it shall be free to any member of parliament to present the same to his majesty's commissioner and the estates of parliament, who for that end are to meet twice a week or more often as his majesty's commissioner shall appoint. Likewise his majesty, with advice of his estates of parliament, does hereby rescind and annul all acts formerly made in prejudice hereof, especially the third act of the parliament of 1640, entitled, act anent the choosing of committees out of every estate, and the 23rd act of the same parliament appointing all grievances to be given in in plain parliament, and the 29th act of the parliament of† 1644, entitled, anent the choosing of commissioners out of the parliament members, and declares them void and null in all time coming. And further it is declared that the naming of twelve of each estate at this time in regard of the multiplicity of affairs and processes shall be without prejudice of any course the king's majesty, with advice of the estates, shall think fit to take hereafter either as to the number or manner of election.
The king's majesty, conceiving it fit at this time for the more speedy dispatch of business in this parliament that some be appointed for preparing of overtures for advancing of trade, navigation and manufactories and for hearing of private complaints between parties, do therefore, with advice of his estates, give commission to [John Gordon], earl of Sutherland, [Alexander Stewart], earl of Moray, [George Livingstone], earl of Linlithgow, [John Fleming], earl of Wigtown, [David Wemyss], earl of Wemyss, [James Murray], earl of Tullibardine, [William Ker], earl of Roxburghe, [Kenneth MacKenzie], earl of Seaforth, [David Erskine, lord] Cardross, [Andrew Fraser, lord] Fraser, [Alexander Falconer, lord Falconer of] Halkerton and [William Cochrane, lord] Cochrane, the lairds [Sir John Colquhoun] of Luss, [Sir Robert] Innes [of that ilk], [Sir John Urquhart of] Cromarty, [Richard Murray of] Broughton, [James Crichton of] St Leonards, [Sir Alexander Fraser, laird of] Philorth, [Sir Alexander Abercrombie of] Birkenbog, [Archibald Murray, laird of] Blackbarony, [younger], [Sir Robert Hamilton of] Silvertonhill, [Thomas MacKenzie of] Pluscarden, [Sir George Kinnaird of] Rossie and [Thomas Drummond of] Riccarton, and James Borthwick [of Stow] for Edinburgh, Andrew Carstairs, commissioner for St Andrews, William Simpson, commissioner for Dysart, John Williamson, commissioner for Kirkcaldy, John Ronnald, commissioner for Montrose, Alexander Black, commissioner for Anstruther Easter, George Garden, commissioner for Burntisland, Alan Dunlop [of Craig], commissioner for Irvine, John Ewart [of Mulloch], commissioner for Kirkcudbright, Walter Watson, commissioner for Dumbarton, Alexander Bruce [of Broomhall], commissioner for Culross, and James Lauder, commissioner for Dunbar, with the officers of estate, to be commissioners to the effect underwritten, giving hereby power to them or the major part of them to meet, advise upon and prepare such overtures and acts as they shall think fit to be passed for advancing of trade, navigation and manufactories, and for that end to call, for the advice and help of understanding, merchants or any who can give best information in those affairs; as also gives power to them to receive and hear all such complaints and petitions as shall be given in to them between private parties, and to give out citations and if need be to examine witnesses and to report.