[1641/8/174]¹

Act for relief of those who have given bond for the use of the public

Our sovereign lord and estates of parliament, considering that the members of the late committees from the said estates of parliament, to whom the furnishing of the arms and all other necessary expense concerning the public was entrusted, according to the power and commission given to them, as likewise others who were not of the committee and also the commissary-general or his deputes, having borrowed and undertaken great sums of money for the necessary use and benefit of the public, for the which sums and debts contracted by the said committees they have given securities to the parties partly by public acts in name of the estates, and where many person were difficult and scrupulous to advance and lend monies and other necessaries upon the public security, those of the said committees and others foresaid have given their own particular bonds and have moved diverse other persons to give bond and security to the said lenders of the said sums bearing borrowed money without any relation to the public. Likewise diverse noblemen, barons and burghs and others, before the establishing of the said committees of estates, did willingly, for advancement of the public service, give their particular bonds for great sums of money for the public use, and which were given in to the commissaries and collectors and accounted for by them in their accounts, whereby the forenamed persons who have granted such bonds may be distressed for payment of the said sums at the instance of the persons to whom they are bound, so as for their furtherance and affection to the advancement of the public service their estates and credits may both be endangered unless remedy be provided. And his majesty and estates foresaid, being careful that neither the members of the said committees nor any other persons may suffer prejudice in their estates or credit by or through any bonds granted by them to any persons for lent money, silver plate or any other necessary commodity furnished and advanced for the public use, but that they and every one of them, their heirs and executors be freed and relieved by the said estates of the same, and of all damage, peril and danger which they may incur or sustain through this, it being made apparent that the sums of money or other commodities for the which they have given bond as said is are counted for or applied for the use of the public and approved by public act, order and warrant, therefore our said sovereign lord and estates of parliament, by virtue of this present act, do hereby bind and oblige the estates of this kingdom to warrant and relieve the said members of the said committee of estate and all other persons whatsoever who have given bond and security for any sums of money or other commodities for the public and whereof account and reckoning is or shall be made and approved, whereby it may appear that the same are employed for the use of the public by public warrant as said is. And for their better relief of the same, the said estates of parliament bind and oblige them and the whole body of this kingdom to make payment to the persons' creditors to whom the said bonds and securities are given of the same sums or other commodities or prices thereof, and that at the terms of payment appointed by the said bonds with the interest thereof, according thereto in all points, and to purchase and deliver to each person so bound as said is their said bonds given by them or sufficient discharges of the same with all convenient diligence, and in the meantime, to keep them harmless and unscathed of the same bonds and of all execution, peril and danger which may follow thereupon, so being that the sums and goods contained in the said bonds have been applied to the public use by public order and warrant as said is, and are or shall be counted for and approved in the accounts of the common burdens of this kingdom, which bonds so contracted and undertaken are hereby declared to be public debts upon the estates and shall affect and burden them, notwithstanding that the same be given by particular persons without relation to the public in manner foresaid.