[A1641/7/35]¹

[Act of exchequer in favour of the debtors of William Dick of Braid and related act of privy council]

Act of exchequer in favour of those who are bound to William Dick for 100,000 merks etc., 21 July 1641²

At Edinburgh, 22 July 1641. The which day the lords of exchequer sitting in judgment in full number, his majesty's letter directed to the lords of privy council was presented, whereof the tenor follows: Written above, Charles Rex. Right trusty and right well-beloved cousins and councillors, right trusty and trusty and well-beloved councillors, we greet you well. Having of late by a letter from our secretary [William Hamilton], earl of Lanark signified our pleasure to you concerning all such things as you for the present conceived to be necessary for our maintenance during our abode there and all other matters entrusted by you to him, so as then we promised, we have now sent down our trusty and well-beloved councillor Sir James Carmichael, our treasurer depute, to receive your directions and to answer and disburse all such monies as you find requisite to be advanced for our present service, that everything may be in readiness and good order against our repair thither. And if it shall happen any further monies to be wanting which neither he can be able to furnish nor can be raised of our rents there, we do desire you to take some speedy course for supplying thereof as you shall think fit, assuring you what monies shall be undertaken for our service at this time we will see the same thankfully repaid. So earnestly recommending this to your cares as a business whereof we will be very attentive, we bid you heartily farewell. From our court at Whitehall, 20 June 1641. At Edinburgh, 26 June 1641, produced by the lord treasurer depute in presence of [Archibald Campbell], earl of Argyll and [David Carnegie, earl of] Southesk, [James Livingstone], lord Almond and [Sir Thomas Hope of Craighall], lord advocate. 29 June 1641, reproduced to the council, read and ordained to be registered. And also was presented the act of privy council, whereof the tenor follows:

At Edinburgh, 19 June 1641 A.D.

Forasmuch as the king's majesty has sent down Sir James Carmichael, treasurer depute, to receive the directions of the lords of privy council, and to answer and disburse all such monies as they should find requisite to be advanced for his majesty's present service, that everything may be in readiness and good order against his majesty's repair thither; and if it shall happen any further monies to be wanting which neither the treasurer depute can be able to furnish, nor can be raised of his majesty's rents here, his majesty has by his letter signed and direct to the said lords desired them to take some speedy course for supply thereof as they shall think fit, assuring them that what monies shall be undertaken for his majesty's service at this time his majesty will see the same thankfully repaid. And the lords of privy council having heard the declaration of the said treasurer depute that the whole monies sent home for advancing of his majesty's service foresaid exceeds not £1,600 sterling, which will be little more than an earnest in so great an employment; and also understanding that no present monies can be raised of his majesty's rents here, and therewithal acknowledging their humble and bound duty for advancing of his majesty's service especially in so happy and wished occasion of his majesty's royal presence in this kingdom, they have therefore faithfully promised and promise to concur unanimously for lifting and giving bond for money to the use foresaid, and think expedient that they presently make in readiness the sum of 100,000 merks and give surety thereof to William Dick of Braid or any other party who will advance the same for payment of interest. And for the more sure relief of those who shall be bound either for payment of the said sum of 100,000 merks and annualrent thereof, or for any other sums to be lifted for his majesty's reception and maintenance during his personal abode here, the lords of secret council find, statute and ordain that all his majesty's rents, customs, imposts, annuities and other casualties whatsoever pertaining to his majesty within this kingdom shall be liable and forthcoming to them, their heirs and executors and to each one of them according to their distress, and until they be fully relieved of their said obligations, and of the whole sums of money principal, annualrent and expenses to be undertaken by them for the use foresaid. And ordain this present act to have as full force, strength and effect for their relief as any act of council made heretofore in the like cases has had at any time bygone. And ordain an act of exchequer to be passed hereupon with all clauses necessary bearing a right and assignation of his majesty's whole rents, customs, imposts and casualties in favour of those who shall bind as said is. And that in the said act [John Stewart, earl of Traquair], his majesty's treasurer principal, and treasurer depute be tied to make his majesty's rents and others foresaid to be applied as said is and no otherwise. Likewise the said Sir James Carmichael, depute treasurer, being personally present, acted himself hereto according to his intromission. Extracted from the books of the acts of the privy council of the supreme lord our king by me, the undersigned Archibald Primrose. According to the which act the lords of exchequer, perfectly understanding that the foresaid sum of 100,000 merks is borrowed from the said William Dick and sufficient surety really given to him for payment thereof at the term of Martinmas [11 November] next with the ordinary interest thereof, therefore the said lords of exchequer have assigned and by this act assigns all his majesty's rents, customs, imposts, annuities and other casualties whatsoever pertaining to his majesty within this kingdom to the noblemen and others who have subscribed the security to the said William Dick and to each one of them, their heirs and executors according to their distresses, until the foresaid sum of 100,000 merks with the interest thereof and penalty if any shall fall and all other sums of money with the interest thereof to be borrowed and uplifted by them to the use foresaid be fully and completely paid and refunded. And ordain the said depute treasurer to apply the foresaid sum of 100,000 merks to be uplifted from the said William Dick, or so much thereof as the said depute treasurer shall uplift from the said William Dick, by himself or by others having his warrant, to the maintenance and for defraying the expenses for provision of his majesty's house during the time of his majesty's personal abode here, between now and Martinmas next, and to no other use. And also to apply all his majesty's rents, customs, imposts, annuities and other casualties whatsoever pertaining to his majesty to the payment of the foresaid sum of 100,000 merks and interest thereof, and of all other sums of money to be borrowed and uplifted to the use foresaid and interest thereof, and that according to his place and intromission. To which the said depute treasurer, being personally present, obliged himself in manner foresaid. Extracted from the books of the acts of the exchequer by me.

M[aster] J. Durham

9 August 1641

Read in presence of the parliament, which finds the same a necessary act and, therefore, ratifies and approves the same in the whole heads, tenors and contents thereof.

[Robert Balfour, lord Balfour of] Burleigh, in presence of the lords of parliament³