[1633/6/47]¹

Commissioun for surveying the lawes

Oure soverane lord, considering that his majestie, out of his zeall and cair to establisch ane certane and constant course in all the supreme courts and justice seatts, alsweill civill as criminall, within his auncient kingdome of Scotland, did, by his majesties letters patents wnder the great seale of the dait at Whytehall, the second of July 1628 yeirs, give and grant ane ample commissioun to certane of his majesties counsall and uthers most expert in the lawes of the said kingdome for surveying, recognoscing and considering of the lawes, statuits and actes of parliament of the said kingdome, alsweill printed as not printed, with the customes and consuetudes of the samyne, quhilkis ar, and hes beine, observed as lawes within the said kingdome, and to repoirt thair advyse and opinioune thairanent to his majestie to the effect his majestie may thaireftir, with consent of his thrie estaits in parliament, establisch and inact the samyne in forme of lawes. And albeit the said commissioun was acceptit with all humilitie be the commissioners thairin contenit, yett in respect of sundrie interveining impediments, the samyne hes not takin the effect quhilk his majestie wished. And thairfor, his majestie in the lait conventioun of estaits haldin and begune upon the tuentie aucht day of July 1630, caused the said commissioun, with the utilitie and necessitie thairof, to be proponit to the saidis thrie estaits, quha efter dew consideratione thairof, with uniforme consent, in all humilitie acknawledged his majesties fatherlie cair and affectioune to the weill of the kingdome in granting of the said commissioun and humblie desyred some mae persones out of ilk estait to be addit to the former commissioners, conforme to the quhilk ane new commissioun was exped wnder the great seale of the dait the thretteine of October 1630 yeirs, quhilk was thairefter renewed be ane new commissioun past wnder the great seale upon the 18 of Januar 1631 yeirs, sen the quhilk tyme thair hes beine divers meittings of the saidis commissioners and sundrie pointes and articles treated and commouned for advancing of the samyne. And his majestie, considering that this worke being soe good and necessarie for the publick weill of this his auncient kingdome, can not tak the full perfectione without the authoritie of ane parliament and that the doing and performing thairof will require ane longer tyme nor this present parliament can sitt and attend upon, thairfor his majestie, tendering the publick good of this his majesties auncient kingdome hes, with consent of the estates, resolved to grant ane commissioun of that power and authoritie quhilk may both treatt anent the surveying of the lawes and general customes of the kingdome and als may conclude and determine thairupon. And thairfor, oure said soverane lord and estates of parliament hes grantit and be thir presents grants full power, commissioun and authoritie to the persones wnderwrittine, viz: the chancellar, thesaurar, Archibischope of Glasgow, the Earles of Hadingtoun, Lawderdaill, Southesk and Traquair, the Bischops of Dumblane and Rosse, Sir James Skeine, Sir Johne Hay, clerk of register, the advocate Sir Alexander Gibsone of Durie, Sir Thomas Hendersone, Sir Robert Spottiswode, Sir Andro Fletcheor, Sir James Learmonth, Sir George Halyburtoun, Sir [...] Leslie of Newtoun, Johne Boyle of Kelburne, Thomas Crombie of Kemno, Maister Alexander Guthrie, Maister James Cockburne, Johne Mackiesone, Sir Lues Stewart, Maister Andro Aytoun and Maister Thomas Nicolsone, elder, advocats, (or to any sevine of thame, the saidis chancellour, thesaurar principall, deputtie thesaurer and president of the sessione for the tyme, or any ane of thame, being ane of the said number of sevine); and with power to the saidis commissioners incaice of the decease of any of thair number to acquant his majestie thairwith, and of the persones name quhome they think most fitt to supplie the place and rowme of the persone deceast als oft as the samyne sall fall furth, to the effect his majestie may give warrand for adjoyning of him to thair number; to the quhilk commissioners sua nominat as said is oure soverane lord and estates of parliament, be the tennor heirof, gives, grants and committes full power and authoritie to meitt and conveine at quhatsumever tymes and places convenient, and to reid, recognosce and consider the haill lawes, statuites and actes of parliament of the said kingdome, alsweill printed as wnprinted, togider with the customes and consuetudes of the said kingdome quhilks ar and have beine observit as lawes withine the same aither in the civill or criminall judicatories and quhilks have beine receaved in practick by the decreits of the lords of sessione or justice generall, and to that effect to caus be exhibit befor thame be the clerk of register and justice clerk and thair deputtes the haill registers and rolles conteining the lawes and actes of parliament of the said kingdome, alsweill wnprinted as printed, with the registers of decreitts and interloquutors of the lords of sessioun and justice generall, togider with the buikes intitulat, Regiam Majestatem, quhilk conteines ane record of the auncient lawes and customes observit within the said kingdome; and efter dew consideratioun thairof, to conclude and determine anent the trew sense, meaning and interpretatione of all such lawes and actes of parliament quhilks ar wnclear and doubtsome in the selff and may receave divers interpretationes, and quhilk hes beine drawen in questioun befor the lords of sessioun inrespect of the doubtsomnes and wncleirnes thairof, and anent the printing of such lawes and statuites as ar not yett printed, and anent the omissioun of such actes and statuites as ar abrogat or become indesuetude and out of use; and siclyk to collect and sett downe the haill customes and generall consuetudes inviolablie observit in the said kingdome, alsweill in the civill as criminall judicatories, to the effect the samyne may be thair allowance, ratificatione and approbatione be registrated in the buikes of parliament and be maid notour and knawen to the haill lieges. Lykas his majestie, with consent of the estates presentlie conveined, finds and declares that the acts and ordinances to be aggried, resolved and concludit upon in the premisis and everie ane of thame, togider with the generall customes and consuetudes quhilk be the command and authoritie of the saidis comissioners sall be ordanit to be registrat in the buikes of parliament, to have the force and authoritie of a publick law wnto the second or thride sessioun of the nixt enschewing parliament quhilk sall be haldin in this kingdome; at the quhilk tyme the haill proceidings, conclusiones and determinationes done, acted and concludit be vertew of this present commissioun, togider with the said generall customes and consuetudes quhilk sall happine to be allowed and approvine be thame as said is, sall be exhibite to the saidis estaits of parliament to be advysed and considerit be thame, and sall take sick finall determinatione as the saidis estates sall then conclude and determine thairupon. And his majestie and estates declares this present commissioun to indure wnto the feast of Whitsonday in the yeir of God j^M vj^C threttie fyve yeirs, with power to oure soverane lord the king's majestie to prorogate the tyme of the said commissioun, with advyse and consent of his majesties counsall, to ane longer tyme and space as his majestie pleases, provyding the same exceid not the space of [...] yeirs; and als with power to his majestie to adde and adjoine such uther persones commissioners as his majestie sall think meit and expedient for advanceing of the worke of the said commissioun.