[1641/8/110]¹

Procedure: commission

Commission for hearing the commissary-general's accounts

The which day the king's majesty and estates of parliament, having taken to their consideration the earnest and frequent petitions and desires made to his majesty and estates of parliament by Master Alexander Gibson of Durie, as commissary-general of the army, craving that auditors might be nominated and appointed for hearing, considering, fitting and concluding of his whole accounts as commissary-general of the said army, that he thereafter may be disburdened and exonerated of that charge, and for granting commission to the auditors to be nominated and appointed for hearing and fitting the foresaid accounts; and finding the foresaid desire to be just and equitable, his majesty, with advice of the estates of parliament, has given and granted, and gives and grants, full power and commission to Archibald [Douglas], lord Angus, Hugh [Montgomery], lord Montgomery, John [Fleming], lord Fleming, John [Maitland], lord Maitland, James [Carnegie], lord Carnegie and David [Wemyss], lord Elcho, and to Sir John Hamilton of Bargany, Mungo Campbell, fiar of Lawers, John Crawford of Kilbirnie, Sir William Muir of Rowallan, James Chalmers of Gadgirth and Master William Cochrane of Cowdoun, as also to George Suttie, Robert Fleming, James Roughead, John Binney and John Jossie, merchant burgesses of Edinburgh, and James Sword, merchant burgess of St Andrews, or to any nine of the persons above-named, which is the equal half of the whole number above-written, to receive, hear, consider, fit and conclude the said commissary-general's whole accounts, both charge and discharge thereof, at the least so much thereof as was not fitted at Newcastle by the commissioners appointed for that effect by the committee of estates; with power to the said whole auditors above-named, or any nine of them, to try and examine the same whole accounts, both charge and discharge thereof foresaid, and to allow or disallow the articles thereof as they shall find just and reasonable, and to do everything necessary and requisite which may conduce for the clearing of the same accounts and which may advance and further the exact trial, clearing and concluding thereof. And for this effect his majesty, with advice of the estates of parliament, ordains the foresaid persons, auditors respectively above-named, to meet and convene at all such convenient times and diets as may best further and advance the fitting and ending of the said commissary-general's said accounts, charge and discharge thereof, and that at any time or times between the date hereof and the [...] day of [...]; and after the hearing, trying, fitting and concluding of the said accounts, ordains the commissioners respectively above-named, or quorum thereof foresaid, to report the same accounts so fitted and what they find and conclude therein to the parliament or committee to be appointed by the parliament for hearing and clearing the common burdens of the kingdom to be considered by them, that thereafter the parliament or committee foresaid may take such course and order for the said commissary-general's exoneration as after consideration of the report of his accounts they shall find just and expedient; and declares that the said commissioners, their allowance or disallowance of the said accounts or any articles thereof, is or shall be always without prejudice to the estates of parliament or committee foresaid to control the same allowance or disallowance in whole or in part as they shall find just and expedient after report and consideration thereof.