[1633/6/47]¹

Commission for surveying the laws

Our sovereign lord, considering that his majesty, out of his zeal and care to establish a certain and constant course in all the supreme courts and justice seats, as well civil as criminal, within his ancient kingdom of Scotland, did, by his majesty's letters patents under the great seal of the date at Whitehall, 2 July 1628, give and grant an ample commission to certain of his majesty's council and others most expert in the laws of the said kingdom for surveying, re-examining and considering of the laws, statutes and acts of parliament of the said kingdom, as well printed as not printed, with the customs and practices of the same, which are, and have been, observed as laws within the said kingdom, and to report their advice and opinion relating thereto to his majesty to the effect his majesty may thereafter, with consent of his three estates in parliament, establish and enact the same in form of laws. And albeit the said commission was accepted with all humility by the commissioners therein contained, yet in respect of sundry intervening impediments, the same has not taken the effect which his majesty wished. And therefore, his majesty in the late convention of estates held and begun upon 28 July 1630 caused the said commission, with the utility and necessity thereof, to be proposed to the said three estates, who after due consideration thereof, with uniform consent, in all humility acknowledged his majesty's fatherly care and affection to the well of the kingdom in granting of the said commission and humbly desired some more persons out of each estate to be added to the former commissioners, according to the which a new commission was issued under the great seal of the date 13 October 1630, which was thereafter renewed by a new commission passed under the great seal upon 18 January 1631, since the which time there have been diverse meetings of the said commissioners and sundry points and articles treated and communed for advancing of the same. And his majesty, considering that this work being so good and necessary for the public well of this his ancient kingdom, cannot take the full perfection without the authority of a parliament and that the doing and performing thereof will require a longer time than this present parliament can sit and attend upon, therefore his majesty, tendering the public good of this his majesty's ancient kingdom has, with consent of the estates, resolved to grant a commission of that power and authority which may both treat regarding the surveying of the laws and general customs of the kingdom and also may conclude and determine thereupon. And therefore, our said sovereign lord and estates of parliament have granted and by this commission grant full power, commission and authority to the persons underwritten, namely: [George Hay, earl of Kinnoull], chancellor, [William Douglas, earl of Morton], treasurer, [Patrick Lindsay], archbishop of Glasgow, [Thomas Hamilton], earl of Haddington, [John Maitland, earl of] Lauderdale, [David Carnegie, earl of] Southesk and [John Stewart, earl of] Traquair, [Adam Bellenden], bishop of Dunblane and [John Maxwell, bishop of] Ross, Sir James Skene [of Curriehill], Sir John Hay [of Bara], clerk register, [Sir Thomas Hope of Craighall], advocate, Sir Alexander Gibson of Durie, Sir Thomas Henderson, Sir Robert Spottiswood, Sir Andrew Fletcher [of Innerpeffer], Sir James Learmonth [of Balcomie], Sir George Haliburton, Sir [John] Leslie of Newton, John Boyle of Kelburn, Thomas Crombie of Kemnay, Master Alexander Guthrie, Master James Cockburn, John Mackieson, Sir Lewis Stewart, Master Andrew Aytoun [of Logie] and Master Thomas Nicolson [of Cockburnspath], elder, advocates, (or to any seven of them, the said chancellor, treasurer principal, depute treasurer and president of the session for the time, or any one of them, being one of the said number of seven); and with power to the said commissioners in case of the decease of any of their number to acquaint his majesty therewith, and of the person's name whom they think most fit to supply the place and room of the person deceased as often as the same shall fall forth, to the effect his majesty may give warrant for adjoining of him to their number; to the which commissioners so nominated as said is our sovereign lord and estates of parliament, by the tenor hereof, give, grant and commit full power and authority to meet and convene at whatsoever times and places convenient, and to read, re-examine and consider the whole laws, statutes and acts of parliament of the said kingdom, as well printed as unprinted, together with the customs and practices of the said kingdom which are and have been observed as laws within the same either in the civil or criminal judicatories and which have been received in practice by the decreets of the lords of session or justice general, and to that effect to cause be exhibited before them by the clerk register and justice clerk and their deputes the whole registers and rolls containing the laws and acts of parliament of the said kingdom, as well unprinted as printed, with the registers of decreets and interlocutors of the lords of session and justice general, together with the books entitled, Regiam Majestatem, which contains a record of the ancient laws and customs observed within the said kingdom; and after due consideration thereof, to conclude and determine regarding the true sense, meaning and interpretation of all such laws and acts of parliament which are unclear and doubtful in the self and may receive diverse interpretations, and which have been drawn in question before the lords of session in respect of the doubtfulness and unclearness thereof, and regarding the printing of such laws and statutes as are not yet printed, and regarding the omission of such acts and statutes as are abrogated or become in desuetude and out of use; and also to collect and set down the whole customs and general practices inviolably observed in the said kingdom, as well in the civil as criminal judicatories, to the effect the same may by their allowance, ratification and approbation be registered in the books of parliament and be made notorious and known to the whole lieges. Likewise his majesty, with consent of the estates presently convened, finds and declares that the acts and ordinances to be agreed, resolved and concluded upon in the premises and every one of them, together with the general customs and practices which by the command and authority of the said commissioners shall be ordained to be registered in the books of parliament, to have the force and authority of a public law to the second or third session of the next ensuing parliament which shall be held in this kingdom; at the which time the whole proceedings, conclusions and determinations done, acted and concluded by virtue of this present commission, together with the said general customs and practices which shall happen to be allowed and approved by them as said is, shall be exhibited to the said estates of parliament to be advised and considered by them, and shall take such final determination as the said estates shall then conclude and determine thereupon. And his majesty and estates declare this present commission to endure to the feast of Whitsunday [17 May] 1635, with power to our sovereign lord the king's majesty to prorogate the time of the said commission, with advice and consent of his majesty's council, to a longer time and space as his majesty pleases, providing the same exceed not the space of [...] years; and also with power to his majesty to add and adjoin such other persons as commissioners as his majesty shall think fit and expedient for advancing of the work of the said commission.