[A1641/8/157]¹

[Commission for levying 120 men to assist the commissioners of justiciary in the north]

Comission for leveing of sex score of men²

Our soverane lord and estaits of parliament, considering the necessare great and weghtie causis for the quhilk his majestie and estaits of parliament hes given commissioune to certaine of his majesties nobilitie and uthairs in the northeren and west pairts of this kingdom, tending to the guid, peace and quyet thairof and for repressing of the barbarous insolencies daylie aryseing and comittit thairin, viz: within the shirrefdomes of Dunbartane, Stirling, Perth, Angus, Meirns, Aberdeen, Innernes, Bamff and Murray (including Nairne), in the quhilk expeditioune it is thoght expedient that sex scoire men sall be levieit for attending and assisting the executioune of the said commissioune, alsweill for imbringing of malefactours and uthairs suspect persounes to underly the law in the justice courts to be affixt and sett be the saidis commissionars for that purpose as for putting the sentences thairof to dew and laufull executioune. And his majestie, haveing experience of the fidelitie of [...], and that he will hazard and perill his lyff, fortune and estait in his majesties service, thairfoir his majestie, with consent of the estaits of parliament, ordaines ane lettre of commissioune to be maid and past under his majesties great seall in dew and competent forme, makand, constituand and ordaineand, lykas his majestie, with consent foirsaid, makes, constituts and ordaines the said [...] his majesties commissionare in that pairt within the bounds foirsaids of the saids shirrefdomes of Dumbartane, Stirling, Perth, Angus, Meirnis, Bamff, Abirdein, Invernes and Murray (including Nairne) to the effect underwrittin, giveand, grantand and comittand to him as his majesties commissionare full pouer, warrand and commissioune to raise and convocat the said sex scoir men, and farder if neid beis, within the saids shirrefdomes, weill armed and provydit with all kynd of armour and with guns, hagbuttis and pistolls and to prosequut with all hostilitie all and quhatsumevir persounes within the saids shirrefdomes quha are guiltie or suspect guiltie of committing thifts, depredatiounes, hairschips, murtheris, fyreraiseing and uthair odious crymes and oppressiounes quhatsumever or quha are denunceit rebells and fugitives frome the lawis for criminall causis, thair assisters, partakers and ressetters and all and quhatsumevir persounes within the saids shirrefdomes quha are giltie of ressetting and supplieing of the saids theives, rebells and fugitives and uthair suspect persounes respective foirsaid since the committing of the saids odious crymes and oppressiounes, or quho sall happen to supplie, mantein or resset thame and thair complices or any of thame thairefter, and to bring in the saids persones to the saids justices conteineit in the foirsaid commissioune to underly the law for the saids crymes at such tymes and places within the foirsaids shirrefdomes as the saids commissioners sall think expedient in maner and to the effect conteineit in the foirsaid commissioune. And if the saids rebells, fugitives and uthairs suspect persounes respective foirsaid or any of thame flie to strenths or housis be warlick ingynes then, and in that case, to sett fyre thairto or uthairwayis be himselff or uthairs in his name to beseidge thame, force and compell thame to render the samyn. And if it sall happen the said [...] or his companies or followers to tak any of the saids theiffs, sorners, rebells and fugitives and uthairs persounes respective foirsaids and thair assisters and partakers, with pouer to him to put tham in waird and prisone within the saids shirrefdomes till justice be done upon thame or uthairwayes to bring thame to the saids commissioners or justices mentionat in the foirsaid commissioune, that justice may be done upon thame conforme to the lawis of the kingdome. And if it sall happen any bluid, slaughter, mutillatioune or any uthair hurt, damnage or skaith to be done be the said [...] or his companyes or followers in the executioune of the foirsaid commissioune, his majestie and estaits of parliament declairs that the said [...] and all that sall happen to ryse with him or be in his company dureing the tyme of the said service, they, thair airs nor executors sall incurr no skaith nor danger in thair bodies, lands, guids, geir nor possessiounes be the prosequuting of the saids rebells, delinquents and uthairs foirsaids nor for quhatsumevir slaughters, mutilatiounes, spulyies or intromissioune with their guids and geir quhilks sall happen to be done be vertew of the foirsaid commissioune, nor for fyre raising, bearing and wearing of hagbutts, gunns and pistolls, that they and evrie ane of them sall be free and dischairgit thairof for ever. And generallie with power to the said [...] and his companyes and followers foirsaids to doe, use and exerce all and evrie thing quich to the office of his majesties commissioner belongs to be done in the premisis within the bounds foirsaids. And thir presents sall endure ay and quhill the samyn be expreslie dischairgeit be the king's majestie, parliament or secret counsall. And his majestie is graciouslie pleaseit, with consent of the estaits, that the foirsaid commissionare and sex scoir men sall be entertained upon his majesties chairges ay and quhill the dyet of the foirsaids circuit courts, and thairefter they sall be entertained upon the superplus and rest of the fynes and unlawis of the saids courts if any be over and above that quhilk payes the commissionars chairges in the foirsaid expeditioune. And if the said superplus will not pay the entertainment and chairges of the said commissionare and sex scoir men, than and in that caice they sall have thair pay out of the first and reddiest of his majesties rents and casualities in excheker and that the thesaurers and commissioners thairof and at thair modeficatioune, and thir presents sall be ane sufficient warrand to tham for that effect. It is allwayes heirby declaireit that in caice the said [...] or any of his company or followers happen any wayis to hurt, damnifie or prejudge any of his majesties frie leidges within the bounds foirsaids in their lands, rents, guids or geir dureing the space of the foirsaid commissioun, than and in that caice the said [...] sall be halden to restoir the samyn to the saids persounes with all thair los or skaith susteinit be thame thairin, and that upon thair complaint to be given in thairanent. And that the said lettre be further extendit in the best forms with all clausis neidfull, commanding heirby the directour of his majesties chancellarie to wrytt out the said lettre upon thir presents to the great seall gratis, and to his majesties chancellour to caus append the said great seall thairto, also gratis, without passing any uther sealls or registeres. And thir presents sall be ane sufficient warrand to tham for that effect.

16 Novembris 1641

This commissione, being moved to the kingis majestie and estaittis of parliament, they remitt the same to the secret counsale with this declaratioune: that whatsomever the counsale shall conclude and inact thairin shall haif the authoritie, force and validitie of ane act of parliament.

Balmerino, I[n] p[raesentia] d[ominorum] parliamenti³