[1641/8/170]¹

Commission for regulating the common burdens of the kingdom

Our sovereign lord and estates of parliament, considering that during the time of the late troubles of this kingdom there were many great sums and burdens contracted, undertaken and advanced for the equipping and maintenance of the armies and for other public affairs, as likewise considering that the accounts of the common burdens of the kingdom and the accounts of the tenth penny and of the other debts resting due and payable to the public, together with the accounts and intromissions of all commissioners, collectors and other persons who have had any charge or intromission with anything pertaining to the public, as well in the country as at the army and other parts abroad, are not yet fully closed, cleared, counted for, paid nor reduced in order, and seeing it is absolutely necessary that all the debts contracted and advanced for the public use, either within the kingdom or without the same, be known, satisfied, paid and relieved, as also that everything resting to the public be counted for, paid and brought in for relief of the common burdens, and that the whole accounts of the armies and other accounts within and without the kingdom, together with the accounts of the monthly maintenance of the army and brotherly assistance granted by the parliament of England for relief of the common burdens of this kingdom, at least so much thereof as is already paid, be all cleared, fitted and closed, and that the rest and surplus of the said brotherly assistance yet resting may be craved, uplifted and received for the public use; and it being likewise necessary that all and every person who have had any trust and intromission with anything pertaining to the public, either within the country or at the army or any other place, be called to an account for their intromission, and that the general, officers and others who have served in the public be satisfied and recompensed for their service according to their demerits, as also that the loss sustained by the particular persons whose ships and goods were taken at sea either in England or Ireland be taken into consideration to the effect that the whole burdens and debts outstanding by the public being known, and all that is due to the public being counted for, paid and brought in for relief of the common burdens, the estate and condition of the public affairs may be the better known, and accordingly such course taken relating thereto as may best conduce for the good and well of the country; and seeing the clearing and settling of the premises will necessarily draw to such a length of time as his majesty and the estates of parliament cannot in this present parliament receive, call for nor examine the said accounts and common burdens of the kingdom and settle and order everything concerning the same, in respect whereof, our said sovereign lord and estates of parliament have found it necessary and expedient that a select number of the several estates of the kingdom be nominated, authorised and appointed for clearing and settling of the whole premises, and for directing, settling and ordering of everything which may concern the same, or which may offer and come in consideration relating thereto. Therefore his majesty and estates of parliament presently convened do, by virtue of this commission, elect, nominate, choose, authorise and appoint the persons after-specified, namely: John [Campbell], earl of Loudoun, high chancellor of Scotland, Archibald [Campbell], marquis of Argyll, Alexander [Montgomery], earl of Eglinton, John [Kennedy], earl of Cassilis, William [Cunningham], earl of Glencairn, John [Maitland], earl of Lauderdale, William [Kerr], earl of Lothian, John [Lindsay], earl of Lindsay, David [Carnegie], earl of Southesk, James [Ogilvie], earl of Findlater, John [Sinclair], lord Sinclair, John [Elphinstone], lord Balmerino, Robert [Balfour], lord [Balfour of] Burleigh, George [Forrester], lord Forrester, Sir Charles Erskine of Bandeath, [Alva and Cambuskenneth], Sir David Home of Wedderburn, Sir Robert Innes of that Ilk, Sir George Dundas of that Ilk, Sir William Cunningham of Caprington, Sir John Wauchope of Niddrie, Sir Alexander Erskine of Dun, Sir Gilbert Ramsay of Balmain, Sir Duncan Campbell of Auchinbreck, Sir William Forbes of Craigievar, Sir Robert Grierson of Lag, Master John² Douglas of Bonjedburgh, William Rigg of Aithernie, Alexander Gordon of Earlston, John Binney, burgess of Edinburgh, Thomas Durham, burgess of Perth, Patrick Leslie, burgess of Aberdeen, George Bell, burgess of Linlithgow, Patrick Bell, burgess of Glasgow, James Sword, burgess of St Andrews, John Kennedy, burgess of Ayr, John Semple [of Stainflett], burgess of Dumbarton, William Glendinning [of Gelston], burgess of Kirkcudbright, James Scott [of Logie], burgess of Montrose, Master Robert Barclay, burgess of Irvine, James Anderson, burgess of Cupar, George Gardyne, burgess of Burntisland and Master Alexander Douglas [of Downies], burgess of Banff, together with Alexander [Leslie], earl of Leven, and Sir Adam Hepburn of Humbie, one of the senators of the college of justice, whom his majesty and estates of parliament add to the foresaid number as ordinary members, with the rest to be commissioners from his majesty and the parliament to the effect specified above and below; of the which persons, any 12 of them shall be a quorum, there being always three of them of each estate to whom our said sovereign lord and estates and whole body of the present parliament gives, grants and commits full power, warrant, commission to meet and convene within the burgh of Edinburgh and such other places as they shall think expedient between now and [...] the day of [...] next at farthest, and there to call for, examine, consider, clear, fit, allow and account the whole debts and burdens contracted and undertaken, advanced, furnished and applied for the public use and likewise with power to them to reduce the whole debts, accounts and burdens resting by the public either within the kingdom or without the same to (be) a full and complete order; and for that effect, to call all persons interested and concerned therein before them for the better trying, clearing and expediting of the same or of any difficulty which may offer or occur in the settling and clearing of the said common burdens and debts. And with power to the said commissioners or quorum foresaid of them to fit, examine, close, settle, control and allow the whole accounts and intromissions of all commissaries, collectors and their deputes and substitutes, and of all other persons who have had any charge, trust, intromission or meddling with anything pertaining to the public or in any public trust and charge, either within the kingdom or without the same, not already approved and allowed by the late committees of estate or either of them; and for that effect, our said sovereign lord and estates of parliament grant full power to the commissioners foresaid to call before them or their quorum foresaid all commissaries, collectors and others who have had any trust, intromission or meddling, or who are resting anything due and pertaining to the public, at such diets and times and at such times and in such a manner as they shall prescribe and find expedient, and to call for, examine, control and allow the whole regiment accounts and other accounts of the army, within and without the country, with the accounts of all victual, money, goods or other commodities and equipment furnished, received, expended and given out for making up, equipping and maintenance of the armies and of all other public expeditions and employments, and to allow and disallow of the same as they shall find them to be just and reasonable. And with power to the said commissioners and their quorum foresaid to nominate and appoint collectors, commissaries and all other public servants necessary for clearing, collecting and recovering of the public dues, debts and rests due and payable to the public, and to prescribe orders to them and to call all others either authorised already or to be appointed by them, and to prescribe, direct and give forth such orders, letters, execution and other dispatches for clearing of the whole promise and for recovery of the debts and burdens resting to the public as they shall think expedient. And with power to the said commissioners, or such as shall be authorised or warranted by them, or their quorum foresaid, to crave, receive, uplift and intromit with the sum of £220,000 sterling yet resting unpaid by the parliament of England of the foresaid brotherly assistance promised and obliged to be paid by the kingdom of England for relief and defrayment of the said common burdens of this kingdom, and to grant discharges upon the receipt thereof in whole, or in part, which shall be as sufficient as if the same were granted by his majesty and the whole body of the parliament of this kingdom. And with power to them to settle, accord and agree upon ways and means how the said brotherly assistance may be most timeously and commodiously paid and advanced for defrayment and relief of the said common burdens either by exchange, advancement or any other manner of way which may be most conducible for the relief and good of the public. And with power to the said commissioners or their quorum foresaid to take an exact count of the whole ammunition, artillery, arms and other equipment, either brought home, made or brought within this kingdom for the use and upon the common expense of the public, and for the kitting out of the armies and regiments of foot and horse, and to take course and prescribe orders for keeping and preserving thereof for the use and defence of the kingdom; and to appoint and constitute such persons of trust and best experience for keeping and preserving of the same as they shall think expedient, and to appoint and allow to them convenient fees and maintenance for the same. As also with power to them to take consideration and course regarding the said losses sustained by particular persons in their ships and goods taken at sea, either in England or Ireland, with power also to them to consider every man's losses that they sustained for the public and accordingly give them such satisfaction as they shall find just and reasonable that they have sustained in spuilzies, robbery and hardships by the enemies of the country and as monies and other commodities due to the public can be got in; with power to them to give orders for distributing thereof for defraying of the said common burdens. And where monies cannot be got in timeously for relief and payment foresaid, with power to the said commissioners or their quorum to borrow and lift monies wherever the same can be had for relief and payment of such urgent debts and creditors of the public as cannot suffer delay, which sums so to be lifted and employed for the use and effect foresaid, his majesty and estates of parliament declare hereby to be the public debts of the country and bind and oblige the estate and whole body of this kingdom to pay and defray the same and to relieve the said commissioners or any other persons who shall give bonds or securities for the same of the foresaid sums and bonds and of all peril and danger that may follow thereupon. And also with power to the said commissioners and their quorum foresaid to give orders for valuing of the presbyteries, parishes, lands and other rents and trade not already valued, according to the preceding statutes, acts and orders made relating thereto, to the effect that the tenth penny thereof may be known and payment may be exacted accordingly. Likewise his majesty and estates declare that such persons, presbyteries, burghs and others who are yet resting their said tenth penny are, and shall be, liable in payment of annualrents for the same from the term of Whitsunday [24 May] 1640 and in time coming, until the complete payment of the same. And in respect there was diverse and sundry commissions, letters and other execution and warrants directed and given forth by the late committees of estates residing at Edinburgh and by the principal commissioner and collector general and others having power and warrant for that effect to collectors, commissaries and other public servants for collection and recovering payment of the debts and rests payable to the public, which letters and warrants are not yet fully executed, neither yet is there complete payment recovered according thereto, therefore, our said sovereign lord and estates foresaid ordain the same commissions, letters and other warrants emitted and given forth relating thereto to stand in full force and the persons entrusted with managing and executing thereof to do their exact and best diligence relating thereto until their warrants be recalled and discharged by the said commissioners or their quorum foresaid. It is hereby declared that amongst the [rest of the common and]³ public dues and debts due to the public that the whole rents of all bishops and other beneficed persons, whether deposed fugitives or opposites to the common cause, for the full crops and years of God 1639 and 1640 are, and shall be, due to the public, together with all rests of the said rents preceding the said two crops not truly paid nor discharged where there are not true creditors to the said preceding rests, which creditors shall have preference from the said rests of the crop 1638 and precedings only. And farther, if there be any part of the said rents uplifted by public order of the crop 1641, his majesty and estates foresaid hereby dispense therewith in favour of the public. And generally our sovereign lord and estates of parliament do hereby grant full power, warrant and commission to the said commissioners and their quorum foresaid to do, exact, prescribe, exercise, prosecute and follow forth all and every thing necessary and requisite as well for clearing, allowing, fitting and closing of the whole common burdens and debts due by the country and contracted and advanced for the public use foresaid, and for reducing them in order, and for relief, payment and defrayment of the same, and for clearing the accounts of all others who have had intromission or public charge either within or without the country, and for calling of them and all others due to the public in any sums, goods, victual or other commodities whatsoever to a full account, and to do, exact and prescribe all other courses, orders and waives necessary concerning the whole premises or concerning anything which may come in consideration relating thereto or which may fall under the counts of the same. And whatever debts and burdens shall be approved and allowed by the said commissioners or per quorum, his majesty and estates find and declare the same to be lawful debts and burdens to affect and burden the estates of this kingdom, and oblige the said estates and whole body thereof to pay, relieve and defray the same. Likewise whatsoever counts shall be approved and allowed or disallowed by them, the same shall be sufficient for the exoneration and clearing of the persons, counters and others contained therein; and whatever discharges be granted by them or any other collectors, commissaries and others to be substituted, authorised and warranted by them shall be sufficient exonerations and securities to the receivers of the same. It is hereby declared that such accounts as are already approved and allowed by the late committees of estate or either of them shall stand good and valid and shall not be quarrelled by the said commissioners without prejudice to them to call for and peruse the same accounts, for the better ordering and clearing of the common accounts and burdens of the kingdom. And with power likewise to the forenamed commissioners and their quorum foresaid to prescribe ways and rules to the particular shires, presbyteries and divisions for relief, stenting and payment amongst themselves of all public disbursements, advancements and engagements contracted, undertaken, furnished or disbursed by the said shires, presbyteries and divisions or by their committees of war or any particular persons amongst them for the common use and benefit of the said shires, divisions and presbyteries either for arms, the twentieth penny, forty days and officers' pay, or for any public use within the said shires or divisions to the effect that all the heritors and inhabitants within the same may be equally stented and burdened with the common burdens of their own shire and division where they dwell, and to cause put the said orders for the said common relief to due execution. And our sovereign lord and estates of parliament, finding it just and equitable that the said commissioners, their charges and expense in their attending and exercising the foresaid trust and commission put upon them, should be paid and defrayed by the public, therefore our said sovereign lord and estates foresaid do hereby modify and allow to the said commissioners and each one of them in their several degrees, according to the time and space of their attendance respectively, the like fees and allowance as were formerly allowed by the estates convened in January last to the members of the late committee of estates, according to an act made relating thereto of the date the day of the said month of January last, which fees and allowances shall be paid to them and every one of them according to the time and space of their exact attendance, to be cleared by the sederunt book of the diets of their meetings testified or subscribed by the clerk of the said committee or his deputes under their hands, testifying the time and space of each person, their attendance, which shall be a sufficient warrant to the commissaries or collectors of the public dues to pay the same allowance to the said commissioners, each one of them for their own parts and shall be allowed to the said commissaries, collectors or their deputes in their accounts. And it being necessary that there be an able and qualified and trusty clerk nominated and appointed for the foresaid committee and for keeping of all the papers, warrants, records and registers concerning the whole premises, and his majesty and estates foresaid, having the proof and experience of the trust and ability of Robert Hepburn, advocate, for discharging of the foresaid office and place as clerk to the said committee, therefore our said sovereign lord and estates foresaid do hereby nominate and constitute the said Robert Hepburn to be clerk to the said committee, and ordains the former fee and allowance appointed for the said Robert as clerk to the said late committee of estates residing at Edinburgh to continue and be paid to him during his service in the foresaid office, and with power to him to appoint substitutes and deputes for whom he shall be answerable for serving in the foresaid place, granting to him and them all privileges, liberties, fees and immunities belonging to the foresaid office; which clerk and his foresaids shall have the charge, trust, keeping and ordering of all the papers, warrants, records and others which concern the premises, and the acts, extracts, records and warrants to be subscribed by the said clerk and his substitutes shall bear as full faith as the acts or extracts of any other clerks within this kingdom. And in like manner, with power to the said commissioners or their quorum to appoint, allow and modify competent fees, allowance and recompenses to the general officers and all other persons who have been employed in the public service, and whose fees and recompenses are not already allowed and appointed, and also with power to them to allow and appoint such fees and recompenses to all others who shall necessarily be employed and entrusted by them as they shall find reasonable. And in case any of the above-named commissioners shall happen to depart this life during the endurance thereof, it shall be permissible to the rest of the said commissioners of that estate, or most part thereof, to elect, nominate and appoint others in the place of those who shall happen to decease, each estate choosing commissioners in place of those who shall happen to decease of their own estate. Likewise our said sovereign lord and estates of parliament do hereby require and command all and every person within this kingdom and all others whom the same may concern as they will answer at their highest peril, that they give exact and ready obedience to such orders, warrants, letters and directions as shall be given forth, ordered and directed by the said commissioners or their quorum foresaid regarding the whole premises, requiring also all sheriffs of shires, magistrates of burghs, stewarts of stewartries, bailies of regalities, provost and bailies of burghs and all other persons whatsoever upon their highest peril as they shall be required to assist and concur to the executing and obeying of such orders, warrants and other despatches as shall be directed and given forth by the said commissioners to the effect above-specified. With power likewise to the said commissioners and their quorum to call for the assistance, advice and information of any persons within this kingdom of whatsoever quality for clearing of whatsoever questions, doubts or scruples which may arise and occur in any particular concerning the premises as occasion shall offer, who are hereby required to assist the said commissioners by their presence, counsel, information and advice as they shall be desired for that effect. And it is ordained that horning, caption and poinding and all other manner of execution, personal and real, shall be directed upon all warrants, acts and orders of the said commissioners and their quorum for the better obeying and executing of the same, and for the more ready and timeous payment of the said public dues, which commissioners above-named are and shall be liable and accountable to his majesty and the parliament for their exact diligence and constant attendance, and for their carriage in the right discharging of this present commission entrusted to them and every part and particular thereof. Likewise they shall be obliged to report and represent to the next parliament a full account of their proceedings and deportments regarding the premises, together with the true estate and condition of the burdens and affairs of the public to the effect that his majesty and the parliament, after consideration of the premises and of their proceedings and carriage therein, may take such further course relating thereto as shall be found expedient. And it is also hereby declared that the nomination made by his majesty and the parliament of a clerk to this commission is and shall be without prejudice of the clerk register's right to depute clerks to all other commissions from the parliament, seeing [Sir Alexander Gibson of Durie], the present clerk register, consented to the parliament's choosing of a clerk to this commission in respect the present clerk register, being commissary-general to the late army, is a principal party to account to this commission for his charge and discharge, and so could not depute a clerk to this judicatory where he is to make his own accounts.