Octavo die huius sessionis parliamenti
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Rolles callit and prayer said.
Rege presente.
Oure soverane lord and estates of parliament ratifies and approves the articles of the large treatie concerneing the establishing of the peace betuixt the kingis majestie and his people of Scotland and betuixe the tuo kingdomes of Scotland and Ingland, and for his majestie and his successoures perpetuallie confirmes the same, ordeaneing the same in all tymecomeing to have the full force and strenth of perfyte securitie, lawes and actes of parliament. Lykeas his majestie for himselfe and his successoures promeiseth in verbo principis never to come in the contrarie therof for any thing therinconteened but to hold the same firme and stable, and shall cause it to be trewlie observed by all his majesties leiges according to the tennour and intent therof for now and evir, wherof the tennour falloueth:
Wheras by his majesties royall wisdome and princelie cair of the peace and happines of his majesties dominiones a treatie heath beene appoynted for removeing of all differences raised betuixt the tuo kingdomes and betuixt the king and his subjectis of Scotland, and for setling and assureing a firme and blissed peace for all tyme to come; and a commissione heath bene givine wnder the great seale of Ingland with approbatione of both houss of parliament beiring dait the 23 of November in the sexteene yeir of his majesties rigne and in the wordis falloweing:
Charles, by the grace of God, king of Scotland, Ingland, France and Ireland, defender of the faith etc., to our right trustie and right weellbeloved cousines Frances, erle of Bedfoord, Williame, erle of Hartford, Robert, erle of Essex, and to our right trustie and right weellbeloved cousin and counsellour Williame, erle of Salisberrie, and to our right trustie and right weellbeloved cousin Robert, erle of Warwicke, and to our right trustie and right weellbeloved cousin Johne, erle of Bristoll, and to our right trusty and rycht weellbeloved cousen and counsellour Henry, erle of Holland, and to our right trustie and right weellbeloved cousine and counsellour Thomas, erle of Berkis, and to oure right trustie and weellbeloved Philipe, lord Whartoun, William, lord Paget, Edward, lord Kimbaltoun, Robert, lord Brooke, Johne, lord Paulet, Edward, lord Howard of Estrike, Thomas, lord Savile and Francis, lord Dunsmore, greeting.
Wheras diveris of our subjectis of Scotland have by ther severall petitiones humbly besought ws that we would be gratiously pleased to grant wnto them certane demandis, we reposing especiall trust and confidence in your great wisdomes and fidelities have named, assigned and appoynted yow, and by these presentes doe name, assigne and appoynt yow to be oure commissioneris and doe heirby give and grant wnto yow, or any ten or more of yow, full pouer and authoritie to treate with Johne, erle of Rothes, Charles, erle of Dumfermeling, Johne, lord Loudoune, Sir Patrike Hepburne of Wauchton, Sir Williame Douglas of Cavers, Williame Drummond of Ridcartoun, Johne Smyth, baillie of Edinburghe, Alexander Weddirburne, clerke of Dundie, Hew Kennedy, burges of Air, Alexander Hendersone and Archbald Johnestone, or any of them or any other deputed or to be deputed by our said subjectes of Scotland or nominated one ther behalfe, and to take into your serious consideratione the said demandis, and compose, conclud and end all differences arysing therwpon or wtherwayes as yow, or ony ten or more of you, in your wisdomes shall thinke fit, and whatsoevir yow our commissioners afoirsaid, or any ten or more of yow, shall doe in the premiss, wee doe by these presentes ratifie and confirme the same. In witness wherof, we have caused these our lettiris to be mad patentes, witness ourselfe at Westminster, the thrie and tuentieth day of November in the sexteine yeir of our rigne.
Per ipsum regem.
And in lykmaner, a commission hath bene granted by the committies of the parliament of Scotland bearing dait the last of October and the fourt day of November 1640, and in the wordes fallouing:
Wee, the commissionaris of the parliament of Scotland, being a full nomber of both the quorums therof wndersubscryveing, forsomuch as the kingis majestie our dread soveragne heath beine gratiouslie pleased wpoun our humble supplicationes to appoynt a treatie and conference at Rippon betuixt our commissionares chosine and sent by ws for that effect and a nomber of the peeres of England, who accordinglie met and have accordit wpoun certane articles asweell anent the mentinance of our army as anent the cessatione of armes dureing the treattie; and because the tyme for the ensueing parliament of England could not permitt the treatty to come to the wished conclusione, there his majestie was lykewayes gratiouslie pleased to transferre the said treattie to Londoune wher the said parliament is to hold that there these entrusted by his majestie and estates of parliament may have the bettir tyme and place to treat and conclud theranente. Thairfore we, the said commissioneris, being a full nomber of both quorumes therof, wndersubscryveing, by vertue and conforme to the commission granted to ws by the estates of parliament, doe not only approve the said articles allreddie agried upoun and subscryved by our said commissioners at Rippone, bot also doe by these presentes give full pouer, warrant and commissione to Johne, erle of Rothes, lord Lesly etc., Charles, erle of Dumfermling, lords Wrquhat and Fuby etc., Johne, lord Loudoun, Sir Patrike Hepburne of Wauchtoune, Sir Williame Douglas of Cavers, Williame Drumond of Riccartoun, Johne Smyth of Edinburghe, Maister Alexander Weddirburne of Dundie and Heughe Kennedy of Air as memberis of the estates of parliament, and becaus many thingis may occurre conserning the church and assemblies therof, therfor, besydis these of the estats, we nominat and appoynt Maister Alexander Hendersone and Maister Archbald Johnestoun whom we adjoyne for that effect, with pouer to them (or any seavine of them, ther being allwayes tuo of everie estate) to pas to the said city of Londoun and there, or at any other place convenient (mutually to be agried upoun), to meet and conveene with ony who shall be appoynted by his majestie and estates of parliament of England for the foirsaid treattie giveing, granting and committing, lykeas wee be these presentes gives, grant and commit to them in maner foirsaid full pouer, warrand and commissione to treat, consult, advyse, determine and agree asweell anent the satisfieing and granting of our demandis as in obteaneing and securing a setled peace for all tymecomeing, conforme to the instructiones givine to them heir with or which shall be sent to them heireftir by ws or any one of the said quorums at the campe or Edinburgh theranent; with pouer to them as said is to doe everie thing which may conduce for the bettir and easier obteaneing of our said demandis and establishing a setled peace, conforme to the said particular instructiones in such lyke maner as wee mycht doe if wee ware all personallie present our selfis in full nomber, promeising to hold firme and stable all and everie thing our said commissionaris in maner foirsaid shall doe in the premiss, conforme to the said instructiones. And incaise it shall be fund expedient or necessary to ad any more commissioneris to the foirsaid persones, these who shall so be sent authorized wnder our handis or the full nomber of any of the said quorums, shall have a lyke power and commissione by vertue of these presentes with the foirnamed commissionars in suchlyke maner as if ther names war particularlie exprest heirin. In witness wherof, thes presentes are subscrivit at Newcastle and Edinburgh, the last of October and fourt of November 1640. Sic subscribitur:
And forsomuch as by vertue of the said commissione the commissionaris therin authoreized have treated and by the assistance and blissing of God have agried upon the headis and articles falloweing:
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The Scottishe commissionares (haveing givine in the declaratione falloueing viz: Wee doe still in all loyalty as becomes humble and dutifull subjectis acknowledg our dependence wpoun his majestie as our dread soveragne whither his majestie live in Scotland or England and shall allwayes and in all thingis witness our highe respectis and best affectiones to the kingdome and parliament of England according to the strong bandis of nature and religion by which the tuo kingdomes are joyned wnder one head and monarch, yit as wee are fullie assured that the kingdome and parliament of England is for the present far from any thought of wsurpation over the kingdome and parliament of Scotland or ther lawes and liberties, so for the preventing the miswnderstanding of the posteritie and of strangers and for satisfieing the scruples of otheris not acquanted with the nature of this treatty and the maner of our proceedings which may aryse wpoun our comeing into Ingland and oure treating in tyme of parliament, wee doe by these declaire and make knowne that nather by our treatie with the Englishe nor by seekeing our peace to be established in parliament nor any other actiones of oures doe we acknowledge any dependencie upoun them or make them judges to ws or our lawes or any thing that may import the smallest prejudice to our liberties, bot that wee come in a free and brotherlie way by our informationes to remove all dowbts that may aryse conserneing the proceedingis of our parliament, and to joyne our endevoures in what way may conduce for the good and peace of both kingdomes no otherwayes then if by occasion the king, his residence in Scotland, commissioneris in the lyke exigence should be sent thither from England) did demand that his majestie would be gratiously pleased to command that the actes of the lat parliament may be published in his heighnes name as our soverane lord, with consent of the estates of parliament convened by his majestie authoritie. Wherunto it is ansured and agreed that forasmuch as the kingis majestie at the humble desyre of his subjectis did call and conveene a parliament to be holdine at Edinburghe the second of June 1640, wherin certane actes ware mad and agried wpon, which actes his majestie (for the peace and good of his kingdome) is pleased to publishe in his owne name, with consent of the estates, and therfore commandis that the saidis actes beiring dait the ellevinth day of June 1640 be published with the actes to be mad in the nixt sessione of the same parliament, and that all the said actes, asweell of the precedent as of the nixt sessione to be holden, have the strenth in all tymecomeing of lawes, and to be universally received and obeyed by all the subjectis of the kingdome of Scotland. His majestie doeth in the word of a king promeise the publishing of the said actes in such sort as is abovespecified. As for the maner of publishing the said actes, his majestie approves that the declaratione of the estates in the begining of the actes and the conclusione at the end may be past in silence at the publishing of the actes and lefte out in the prented copies. And if any thing shall further occure concerneing the maner of publishing of the saidis actes, his majesties commissioner may then offer it to the estates to be considered of, his majestie being most assured that the estates of parliament will have a greate cair not to suffer his majesties authoritie to be prejudiced in the manageing of these great effaires. Tertio Decembris 1640.
The second demand that the castle of Edinburghe and other strenthes of the kingdome should, with the advyse of the estates of parliament, according to ther first foundation be furnished and used for defence and securitie of the kingdome, is agreed unto.
The third demand that Scottishe men within his majesties dominiones of England and Ireland may be freed from censure for subscryveing the covenant and be no more pressed with oathes and subscriptiones wnwarranted by ther lawes and contrair to ther Nationall Oath and Covenant approved by his majestie, it is therunto ansuered and agreed in his majesties name, the 8 December 1640, that as his majestie heath granted your first and second demandis, so doe we, in his majesties name, ansuer to the third that all these who in his majesties dominiones of Ingland or Ireland have beene imprisoned, foirfaited or censured ony other maner of way for subscryveing of the covenant or for refuising to take any other oath contrarie to the same shall be freed of ther censures and shall be fullie restored to ther liberties, estates and possessiones. And for tymecomeing that the subjectis of Scotland as subjectis of Scotland shall not be constraned to any oath contrarie to the lawes of that kingdome and the religione there established, but such of the kingdome of Scotland as shall transport themselves into the kingdomes of England and Ireland and ther be setled inhabitantes, aither be way of haveing inheritance or free hold or by way of trades (by which the way of the trading of the factors of merchantes, nor of merchantes themselves is not to be wnderstood), shall be subject to the lawes of England or Ireland and to the oathes established by the lawes and actes of parliaments in the said kingdomes respectively wherin they live and have ther ordinarie and constant residence and noe otherwayes. And the Inglishe and Irishe shall have the lyke priviledge in Scotland. 8 Decembris 1640.
To the fourt demand craveing that his majestie may be gratiouslie pleased to declair, as ane act of royall justice serving much to his owne honnour for the establishing of this throne and for the good and peace of both kingdomes, that whosoevir shall be fund wpoun tryell and examinatione be the estates of either of the tuo parliaments (they judgeing aganes the persones subject to ther owne authority) to have beene the authores and causeris of the late and present troubles and cumbustioun, whither by laboureing to make and foment divisione betuixt the king and his people or betuixt the tuo nationes or ony other way, shall be lyable to the censure and sentance of the saidis parliaments respective, conforme to the paper of December 9 1640. It is ansured upoun the ellevinth of December 1640 that his majestie beliveth he heath none such about him and therfor conserneing that poynt he can make no other declaratione then that he is just and that all his courtes of justice are free and open to all men, his parliament in this kingdome is now siting and the current parliament of Scotland neir approaching the tyme of there meiting, to either of which he doeth not prohibite any of his subjectis to present ther just grivances and complaintes of whatsoevir natur, each medling and judgeing againes the persones subject to ther owne authority, 11 Decembris 1640. It is further ansuered upoun the said ellevinth of December 1640 to your fourt demand conserneing incendiaries that his majestie beliveth he heath none such about him, therfore conserneing that poynt he can make no other declaration then he is just and that all his courtes of justice are to be frie and open to all men, his parliament in this kingdom is now siting and the current parliament of Scotland neir approaching the tyme of there meiting, in either of which respectiv he doeth not prohibit the estates to proceed in trying and judgeing whatsoevir of his subjectes. And wheras it was further demandit that as his majestie would not hinder any of his subjectes to be tryed and judged by the parliament so that none efter the sentance of the parliament should have acces to his majestie or be menteined and enjoy places or offices and have credit and authoritie to informe and advyse his majestiie, conforme to the paper of December 23 1640, it is declaired in his majestie name wpon December 30 1640, besydis his majestie former ansueris, his majestie heath commandit ws to declair in his name that he will not employ any persone or persones in office or place that shall be judged incapable by sentance of parliament; nor will he make wse of ther service without the consent of parliament nor grant them acces to his persone, wherby they may interrupt or disturbe that firme peace which he now so much desyreth, he being confident they will proceed in a fair and just way and (according to ther severall professiones) with that respect to his honnour which in reasone he may expect from good and duetifull subjectis. 30 December 1640.
The fyfte demand that ther shipis and goodis and all damnage therof may be restored is condiscendit wnto and to be reciprocall that all shipis and goodis takine at sea or stayed in portes with damnage be restored one both sydis, and that sum summarie course be agried upon for the performance therof wpoun the demandis of the particularis one both sydis, conforme to the paper of December 30 1640. And further it was agried upoun the 7 January 1641, stilo Scotico, that all shipis takine and stayed should be reciprocally restored one both sydis, and that the Scottishe commissioneris, haveing informed that about fourscoir shipis of Scotland are yit stayed in the portes and are lyke to suffer muche more hurt, losse and damnage if they shall not be delyvered into some handis who may have caire of them, it is agreed for the more speedie expeditione of the Scottish shipes, and that the owneris therof be not longer damnified by the want of them, that warrandis shall be presentlie granted for delyverie of all ther shipis. And that four thousand pundis be presentlie advanced for cauking, sailles, cordage and other necessaries for helping the present seting forth of the said shipis. And for the rest of thir article, when it shall come in the sext demand, it shall be agried unto. 7 Januarii 1641 stilo Scotico.
To the sext demand conserneing the loss which the kingdome of Scotland heath susteened, and the vaste chairges they have bene put wnto by occasione of the late troubles and the reparation desyred from the justice and kyndnes of the kingdome of England towardis releefe therof, in maner and wpoun the ground exprest in the paper of the 7 of Januarii 1641, stilo Scotico; it is ansuered that this house thinkis fit that a freendly assistance and releefe shall be givine towardis supplie of the losses and necessities of the Scotis, and that in due tyme this house will take into consideratione the measure and maner of it conforme to the paper, 12 Januarii 1641, stilo Scotico. And further, the parliament upoun the third of Februarii did declaire that they did conceive that the soume of thrie hundreth thousand pundis is a fit proportione for the freendlie assistance and releef formerlie thought fit to be givine towardis the supplie of the loss and necessities of ther brethrine of Scotland, and that the house would in due tyme take into consideratione the maner how and the tyme when the same shall be raised, conforme to the paper of the third of February stilo Scotico, and givine in to the treattie vpoun the fyfte of the said moneth.
And whereas it was desyred by the Scottishe commissioneris that the Englishe commissioneris would let them know from the parliament the security, maner and termes of payment of the foirsaid soume of three hundreth thousand pundis and of the arreires due for releiffe of the Northerne Contries, it was agried wnto by warrand and order of the parliament that they should have fourscoire thousand punds as a pairt of the forsaid soume of three hundreth thousand pundis with the whole arreires due to the army befor the disbanding therof, conforme to the paper of the 26 Maij 1641 and givine in to the treaty upoun the 27 of the said moneth.
And conserneing the securitie for paying of the remanent of the said somme of thrie hundreth thousand pundis which is arreare, extending to tuo hundreth and tuenty thousand pundis, it is resolved and agreed wnto by both houss of parliament that ane act of parliament of publict faith shall pas for securitie therof, and that one moity or equall halfe of the samene, extending to one hundreth and ten thousand pundis, shall be payed at Midsommer in anno 1642, and the other moity or equall halfe therof to be payed at Midsommer in anno 1643, as the order of the houses of parliament of the 19 and 25 dayes of June 1641 doeth more fullie proport.
And in lykemaner, whereas it was desyred by the Scottishe commissioneris that they might know to whom they should addrese themselves for payment of the soumes at the dayes appoynted by the parliament, conforme to the parliamentes determinatione of the 19 of June; secondly, at what place the payment should be made; thirdly, that a saiffe conducte may be granted for the secure transporting of the moneyes to Scotland at the tymes of the payment agreed upoun, it is ansuered and resolved by the parliament that these erles, lordis and commissionaris falloweing shall be the persones to whom the Scotts shall addrese themselves for the receiveing of the soumes at the dayes appoynted by the parliament: Erle of Bedfoord, Erle of Essex, Erle of Warwicke, Erle of Holland, Erle of Stanfoord, Lord Whartoun, Lord Mandavill, Lord Brooke, Maistir Martine, Sir Thomas Barringtoun, Maistir Capell, Sir Archbald† Ingram, Sir Gilbert Gerard, Sir Robert Pye, Maister H. Ballassis, Sir Walter Erle, Sir Williame Litton, Sir Hendrie Mildmay, Sir Thomas Cheeke, Sir Johne Strangewayes, Maistir Arthure Goodwine, Maister Hamden, Alderman Soam, Alderman Penningtoun; resolved wpoun the question that the place of payment shall be the Chamber of Londone; resolved wpon the questione that a saife conduct shall be granted for the secure transporting of the moneyes to Scotland at the termes of payment agreed wpoun at the chairge of the Scottis conforme to the paper, June 22 1641 yeires.
To the sevinth demand desyring that as his majestie heath approved the actes of the lat parliament wherin all such declarationes, proclamationes, bookis, lybellis and pamphletis as have bene made, writtine or published aganes his loyall and dutifull subjectis of Scotland are recalled and ordeined to be suppressed and destroyed, so his majestie may be pleased to give order that the same may be suppressed, recalled and forbiddine in England and Ireland, and that the loyallty, integrity and faithfullnes of his majestie subjectes of Scotland towardis his majesties royall persone and government may at the cloosing of this treattie of peace, and at the tyme of publicke thankis giveing for the same, be mad knowne in all places and all parishe churches of his majesties dominiones. This was the more earnestlie desyred and confidentlie expected from his majesties justice and goodnes becaus no calamity nor distrese heath so sore vexed or so deeplie wounded the heartes of his majesties subjectes as ther loyalty and love towardis ther native king should have bene contraverted and by the malignancy of bad instrumentes brought into suspisioun. And because they wnfanedly desyre and pray for his majesties happines and are resolved by all meanes and at all occasiones to deny themselves and what they have for his majesties honnour, as is more fullie contenit in the paper of the 8 of Februarii 1641, stilo Scotico, it is ansured upoun the tent of Februarii 1641, stilo Scotico, wee doe agrie that all declarationes, proclamationes, actes, bookes, lybellis and pamphletis that have bene mad and published againes the loyalty and duetifullnes of his majesties subjectes of Scotland shall bee recalled, suppressed and foirbiddine in England and Ireland. And that this be reciprocall in Scotland if any such have bene made and published there in prejudice of his majesties honnoure, and this wpoun diligent inquirie to be done by the authority of the parliament nixt siting in Scotland; off which the commissioneris of Scotland doe promeise to have ane especiall cair. And wee doe also agree that when it shall please Almighty God to grant a happie close of this treattie of peace, the loyallty of his majesties said subjectis shall be made knowne at the tyme of publicke thankisegiving in all places, and particularlie in the paroche churches of his majesties dominiones, wnto which wee are the rather enduced for that yow express how deeplie it heath woundit the heartes of his majesties said subjectis that ther loyaltie and love to his majestie, ther native king, should be brought in questione and suspicion, wheras they wnfainedlie desyre and pray for his majesties happines and are resolved by all meanes and at all occasions to deny themselves and what they have for his majesties honnour. 10 Februarii 1641, stilo Scotico.
Conserneing the eight demand for ane happie and durable peace, which is the cheefest of all our desyres and wnto which all the former seavine articles being now agried wpon are as many preparationes, we doe first of all desyre that all monumentis, tokines and shawes of hostility upoun the borderis of the tuo kingdomes may be takine away, and that upoun the reasones and consideracions particularlie exprest in the paper of the 10 of Februarii 1641 that not only the garisones of Berwicke and Cairlile may be removed but that the workis may be sleighted and the places dismantled, it is ansured and agreed upoun the 14 of June that his majestie is desyrous that all thingis betuixt the kingdomes of Scotland and England be reduced into the samene state they war in befor the begining of the late troubles; and therfore he doeth give his assent to the advyce of the tuo houss of parliament that the garisones of Berwicke and Cairlile wpoun the disbanding of the Scottishe army now in England and of all such forces as are gathered togidder in Scotland be lykewayes presentlie removed, and that the fortificationes of Berwicke and Cairlile be also reduced to the same conditione they were befor the late troubles, so that all fortificationes in Scotland be lykewayes put in the same conditione they were befor the said troubles, and that the workes be not repaired bot suffered to decay, and that the ordinance and ammunition be removed. And that it be without prejudice of his majesties former grant of the second demand conserneing the keepeing of the castles of the kingdome of Scotland. 14 June 1641.
To there desyre conserneing unity in religioun and uniformity of church governement as a speciall meanes for conserveing of peace betuixt the tuo kingdomes wpoun the groundis and reasones conteyned in the paper of the 10 of Merch givine in to the treaty and parliament of England, it is ansured upon the 11 of June that his majestie, with the advyse of both houses of parliament, doeth approve of the affectiones of his people of Scotland in ther desyre of haveing conformity of churche governement betuene the tuo nationes. And as the parliament heath allreddy takine into consideration the reformatione of churche governement, so they will proceed therin in due tyme as shall best conduce to the glorie of God, the peace of the church and of both kingdomes. 11 June 1641.
To there desyre of the kingis majestie and the prince ther comeing and residing somtymes in Scotland wpon the reassones given in Februarii 16 1641, stilo Scotico, it is ansured wpon the nynt of June that his majestie doeth take in good pairt the sense his subjectis of Scotland have of his absence and the duetifull expressione they make of there desyre to have him and the prince, his sone, frequentlie amonge them, and assureing himselfe that they have no other intentione in this demand bot meerlie to express ther love to his persone and the weellfair of his ancient kingdome, he declaires wnto them that as he shall feell the wrgencie of these effaires requyre his presence and his other conveniences heir permit he will repaire thither, and the prince, his sone, so fare as he may knowe and be acquanted with the people there. 9 June 1641.
To the desyre conserneing the maner of choosing and placeing of the officeris of estate, counselloures and sessioneris within the kingdome of Scotland by advyse of the parliament wpoun the groundis and reassones givine in Merch 18 1641, stilo Scotico, it is ansured, the nynt of June, in his majesties name, wee intend nothing more heartilie and really then that our people shall be governed by the lawes of the kingdome and that all judges in there severall judicatories should judge accordinglie. Therfore we will never permit nor allow that either counsellouris, officeris of estat or judges be exeemed from our and our parliamentes censure and tryell for the dischairgeing of there dueties in there severall offices and places. Lykewayes we conceive that nothing will more conduce to the good of our service and the peaceable and happie governement of the kingdome then that officeris of state, places of counsell and sessione and other judicatories be provydit with honest, able and qualified men, for which end, and because of our necessary absence from that kingdome, which maketh the qualificatione of persones fit for places lesse knowne to ws, we shall so far give eare to the informationes of our parliament, and when our parliament is not siting, of our counsell and colledge of justice as that we shall make choise of sume one of such as they by commoun consent wpoun the vacancy of the place shall recommend wnto us, or if we shall conceive another person to be fitter then any of these recommendit, we shall make the same knowne to the parliament or in the tyme betuene parliaments to our counsell and sessione, that from them we may be informed of the qualificatione and abilities of the persone named by us, to the effect that if by ther informatione it shall appeare to ws that there is just exceptione aganes the lyfe and qualificatione of the said pairtie wee may tymlie nominat some other againes whom ther shall be no just exceptioun. By which meanes we doubt not bot that wee shall from tyme to tyme choose such honest men as for knowne integrities and abilities shall be fit to dischairge ther places and offices with that duety and sufficiency which we and our subjectis may justly expect, which intentione of oures being now so fullie and cleirly expressed we doubt not bot will give good satisfactione to our ensueing parliament. And as we never intendit to remove just and able men from ther places in the colledge of justice, so doe we now declaire for our peoples full satisfactione that ther places shall be provydit wnto them quam diu se bene gesserint. And if this our ansuer cannot content the Scottishe commissioneris, we doe then remit the whole ansuer to be considerit by ws or our commissioner and the parliament at the nixt siting therof. 9 of June 1641.
To ther desyre of placeing some Scottishe men of respect about the king and queines majesties and the princes heighnes wpoun the groundis and reasones givine in 9 of Apryle 1641, it is ansured his majesties goodnes and grace towardis his subjectes of Scotland in placeing them about his owne person in places of greatest neernes and trust heath bene such as ought to give them full satisfactione of his royall affection towardis his subjectis of his native kingdome. Thairfore, for this poynt, his majestie needeth only to assure them that he shall continoue the same caire which hitherto he heath done for ther satisfactione in this particular, and not onlie so bot shall also recommend the same to the prince, his sone, that successively the kingdome of Scotland shall so tast of the cair of ther soveragines that by the grace of God they shall never want a sufficient nomber of honest and sufficient persones of that natione about the kingis persone and princes, againest whom ther shall be no just exceptione. 9 Junii 1641.
To there desyre that none may have place about his majestie and the prince bot such as are of the reformed religion, in maner expressed in the paper 1 Apryle 1641, it is ansured his majestie doeth conceive that his subjects of Scotland have no intentione by this propositione (especially by way of demand) to limit or prescryve wnto him the choyse of his servantis, but rather to shew there zeall to religione, wherin his owne pietie will make him doe therin that which may give just satisfactione to his people. 9 June 1641.
To ther desyre givine in the first of Apryle conserneing the copper coyne, it is ansured, wheras the Scottishe commissioneris have represented wnto his majestie the great prejudice susteined by the kingdome of Scotland throw the coyneing of copper money which heath passed ther this long tyme bygone for seavin tymes and above as much as the true value and worth therof, contrary to the continuell custome of that kingdome, and therfor desyreing that no coper money be coyned heirefter without consent of the estats conveened in parliament, who may remedy the present prejudices the cuntrie sustenes therby and who wpoun good consideratione of the necessity therof in tyme to com may appoynt such a proportione as is fit and as the cuntrie shall requyre for the use of the poore and for chainge in buying and selling commodities, and that the same shall not pass bot according to the intrinsicke value therof with the allowance of a tenth pairt or such a proportione as the parliament shall thinke fit to allow for the impressione and workemanshipe in coyneing, his majestie is gratiouslie pleased to recommend to the ensuing parliament of Scotland the whole mater of copper coyne and remites to ther consideracion to take such order therin as they shall thinke fiting, not only conserneing the copper coyne to be coyned heirefter but also the copper money allreddy coyned, how the same shall take vent and passe in payment in tymecomeing, conform to the paper of the nynth of June 1641.
[1641/8/22]*[print] [email] [cite] [preceding] [following]
It is agreed wnto that in the approaching parliament of Scotland ther shall be ane act of pacificatione declairing that the late commotiones and troubles arysing from the innovationes of religioun and corruptione of churche government, by the mercy of God and the kingis royall wisdome and fatherlie caire, are turned into a quyet calme and comfortable peace, least either his majesties love or the constant loyallty of his subjectes in ther intentiones and proceedings be heireftir callit in question. And that such thingis as have falline forth in these tumultuous tymes whill lawes wer silent, whither prejudiciall to his majesties honnour and auctoritie or to the lawes and liberties of the church and kingdome or to the particular intrest of the subject (which to examine in a strict court of justice might prove ane hinderance to a perfyte peace), may be buried in perpetuall oblivion, so it is expedient for making the peace and unity of his majesties dominiones the more firme and faithfull, and that his majesties countenance againest all feires may shyne upon them all the more comfortably, that ane act of pacification and oblivion be mad in the parliamentes of all the three kingdomes for burieing in forgetfullnes all actes of hostility, whither betuene the king and his subjectis or betuene subject and subject or which may be conceived to aryse wpoun the comeing of any Englishe army against Scotland or comeing of the Scottishe army into England, or upon any actione, attempt, assistance, counsell or advyse haveing relatione therwnto and falling out by the occasione of the late troubles preceeding the conclusione of the treattie and the returne of the Scottishe army into Scotland, that the same and quhatsoevir heath ensued therwpoun, whither trenching wpoun the lawes and liberties of the kingdome and churche or wpoun his majesties honnour and authoritie, in no tyme heirefter may be callit in questione, nor resented as a wrong, nationall nor personall, whatsoevir be the quality of the persone or persones or of whatsoevir kynd or degree, civill or criminall the enjurie is supposed to be. And that no mentioun be mad therof in tymecomeing, neither in judgement nor out of judgment, bot that it shall be held and reputed as though never any such thing had bene thought nor wrought. And this to be extendit not only to all his majesties subjectes now liveing bot to there heires, executoris, successoures and all other whom it may conserne in ony tyme to come and for that end that by the tennour of this statute all judges, officeris and magistrates whatsoevir be prohibited and dischairged of directing of warrantes for citatione, processing or executing any sentance or judgment wpon record or any way molesting any of his majesties leiges conserneing the premiss in all tymecomeing. Lykeas that his majestie for himselfe and his successoures promeiseth in verbo principis never to come in the contrarie of this statute and sanctione nor any thing therineconteyned, bot to hold the same in all poyntes firme and stable, and shall cause it to be truelie observed by all his majesties leiges according to the tennour and intent therof, for now and evir. And that in all tymecomeing these presentes shall have the full force and strenth of a trewe and perfyte securitie, as if they ware extendit in most ample and legall forme, provyding that the benefiet of the said statute shall nowayes be extendit to any of the Scottishe prelatis, or to Johne, erle of Traquair, Sir Robert Spotswood, Sir Johne Hay and Maister Walter Ballcanquell cited and persued as incendiaries betuixt the kingdomes and betuixt the king and his people, and for brybrie, corruptione and many other grosse crymes conteyned in thair chairges, generall and speciall; nor to any other persones who are cited and shall be fund by the parliament of Scotland in his majestie or his commissioneris ther owne heiring to be so extraordinarlie guilty of these and the lyke crymes as they cannot in justice and with the honnour of the king and cuntrey pass from them. Provydit further that the benefiet of this act shall not be wnderstood to extend to the favour of theives, robberes, murthureres, brokine men, sorners, outlawes nor ther receptores, with reservatione also of the legall persuites and process of the Scottes in Ireland for the reparatione of ther losses, according to justice againest such who have illegally wronged and persecuted them since by one of the articles of the treattie they are appoynted to be restored to ther means and estate. It is also to be wnderstood that nothing is meaned heerby to be done in prejudice ither of the payment of the debtes oweing wpoun promeise or securitie by the Scottishe army to any of the counties or to any persone there (the same being instructed before the removall of the Scottishe army) or of the arreares due to the Scottishe army or to that brotherlie assistance granted to them by the parliament of England. That the great blissing of a constant and freendlie conjunction of the tuo kingdomes now united by alleageance and loyall subjectione to one soveragne and head may be firmlie observed and continoued to all posteritie, it is agreed that ane act be past in the parliament of England that the kingdomes of England or Ireland shall not denunce nor make warre againest the kingdome of Scotland without consent of the parliament of England; as one the other pairt it shall be enacted there that the kingdome of Scotland shall not denunce nor make warre againes the kingdomes of England and Ireland without consent of the parliament of Scotland. No shipes either of the kingis or freebooteris or otheres shall stoope the trade of the kingdome or hinder or herme ther neighbour kingdome without consent of parliament declairing a breach of peace, and if any armies shall bee levyed or trade stooped and neighboures harmed or wronged, the states of the cuntrie by which it is done to be obleidged to persue, take and punishe the offenderes withall rigour, and if any of the kingdomes assist, receive or harbour them, they are to be punished as breakeres of the peace. And if efter complaint and remonstrance to the commissioneres efter mentionat and to the parliament redresse and reparatione be not made, then and in that caise the same to be counted a breach of the peace by the whole kingdome. And incaise any of the subjectes of any of the kingdomes shall ryse in armes or make warr againest any other of the kingdomes and subjectes therof without consent of the parliament of that kingdome wherof they are subjectes or wpon which they doe depend, that they shall be held, reputed and demaned as tratoures to the states wherof they are subjectes. And that both the kingdomes in the caises afoirsaid are bund to concurre in the repressing of these that shall happine to aryse in armes or make warre without consent of there owne parliament. And that the way for conveeneing forces for suppressing such as leivie warre be as in case of invasione, provydit that this be not extendit to particular quarrelles wpon the borderes, and that it be enacted that in such case it shall be laufull for any of the subjectes to conveene to suppress such evill affected persones, and that each kingdome shall be bund by publict faith punctually to performe this article. And if either parliament shall denunce warre, they shall give thre monethes warneing that the peace to be now established may be inviolablie observed in all tyme to come. It is agreed that some shall be appoynted by his majestie and the parliamentes of both kingdomes who in the interim betuixt the siting of the parliaments may be cairfull that the peace now happilie concludit may be continoued, and who shall endevore by all meanes to prevent all trouble and divisione. And if any debaite or difference shall happine to aryse to the disturbance of the commoune peace, they shall labour to remove or compose them according to ther pouer, it being supposed that for all there proceedingis of this kynd they shall be ansuerable to the king's majestie and the parliamentes. And if any thing shall fall forth which is above there pouer and cannot be remedied by them, they shall informe themselves in the particulares and represent the same to the kingis majestie and the ensueing parliamentes that by ther wisdome and auctoritie all occasiones and causes of troubles being removed the peace of the kingdome may be perpetuall to all posteritie. And it is declaired that the pouer of the commissione shall be restrained to the articles of peace in this treattie, whereas it is desyred that ane act may be made in the parliament of England for ratifieing of the treattie and all the articles thairof, which is lykewayes to be ratified in the parliament of Ireland (which in all the articles is comprehendit wnder the name of England). And eftir the treattie is confirmed in the said Englishe parliament and all other necessarie conditiones performed, the armies one both sydis shall, at a certane day to be appoynted for that effect, disband and remove, so that when the Scottishe armie shall remove from Newcastle, the Englishe armie shall lykewayes be disbandit and repair home to their severall contries and places of residence; and the Irishe army to disband before that tyme, that heireftir a quyet and durable peace may be keeped according to the articles. And that this treattie and whole proceedingis therof may be lykewayes ratified in the parliament of Scotland and a firme peace established, it is desyred that his majestie may be gratiouslie pleased now to declaire that the ensweing parliament of Scotland shall have full and free pouer as the nature of a free parliament of that kingdome doeth of it selfe import to ratifie and confirme the treattie and whole articles therof, and to receive accompt of all commissionis granted be them, examine ther proceedingis and grant exonerationes therwpon, and to treate, deliberat and conclud and enact whatsoevir shall be fund conduceable to the setling of the good and peace of that kingdome. And that his majesties commissioneris shall be authorized with full pouer to approve whatsoevir actes and statutes which wpoun mature deliberatione shall happine to be accordit wnto by the estates in that behalfe, and shall sit and coutinowe without interruptione or prorogatione whill all thingis necessary for that effect be determined, enacted and brought to a finall conclusione, wnles for bettir conveniency of effaires his majesties commissioner, with the speciall advyse and consent of the estates, shall thinke fit to adjorne the same to any other tyme, which shall nowayes derogat from the full and perfyte concluding of the whole premisse befor the said parliament be dissolved.
This whole article is assented wnto but in so far as concernes the dayes and circumstances of disbanding to be agreed wpoun, forasmuche as the severall jurisdictiones and administratione of justice in either realme may be deludit or frustrated by delinquentes for ther owne impunity, if they shall commit any offence in the one realme and thereftir remove ther persones and make there abode in the other, therefor, that no person sentanced by the parliament of either natione as incendiaries betuixt the nationes or betuixt the king and his people shall enjoy any benefiet, civill or ecclesiasticall, or have any shelter or protectione in any other of his majesties dominiones. Lykeas where malefactoures and criminalles guilty of the crymes mentioned in the act of parliament 1612, cap. 2 and otheres of that nature, and committed by Scottish men within the kingdome of England or Ireland or any pairt therof are takine and apprehendit in England or Ireland, that it shall be laufull to the justiciaries of England or Ireland to remand them to Scotland as the act beires. And further, if any malefactoures commiting crymes in Scotland, England or Ireland being duelie processed in the kingdome wher the crymes was commited and being fugitives and remayneing in any other of the kingdomes foirsaid, that the judges of either kingdomes shall be holden at the instance and sut of the pairtie offendit to take and remand the criminallis and malefactores to the kingdomes wher the crymes was committed, and the lyke act to be made in Scotland, and this act would be extendit alsweell to debtes as crymes. And what further is requisit conserneing this and other particulares for setling the peace in the middle shyres and accelerating justice wpon delinquentes, both civill and criminall, is to be considerit by the committee to be appoynted for that effect. It is ansuered that such persones as shall be natives in either kingdomes and shall commit any offence in the realme wherof they shall be natives, and shall eftirwardis remove ther persones into the other, and suche persones as shall be inhabitantes in either kingdome and shall commit any offence in the realme wher they shall be inhabitantes dureing the tyme of ther habitatione ther, and shall eftirwardis remove ther persones into the other and shall be for that same censured by the parliament of that natione where the offence was committed as incendiaries betuixt the nationes or betuixt the king and his people, shall not enjoy any benefiet, civill or ecclesiasticall, or have any protectione in any other of his majesties dominiones. And that suche Scottishe natives incensing the king of England against the kingdome of Scotland shall be remandit at the desyre of the Scottishe parliament into Scotland to abyde there tryell and censure there, so that the same be reciprocall to both nationes bot other criminalles and debtes to be referred to the lawes.
[1641/8/23]*[print] [email] [cite] [preceding] [following]
That the treattie of peace may be brought to a speedy and happie close, we did offer to your lordships consideratione the particuleris falloweing:
1. That so soone as the Scottishe army shall remove out of England to Scotland the Englishe garisones of Berwicke and Cairlile should remove simull et semell.
2. Least malefactoures who have committed thifte, murther and the lyke crymes crave the benefiet of the act of pacificatione and oblivione (for whom it is nowayes intendit) ther would be exceptione from the said act of all legall persut intendit or to be intendit within the space of ane yeir efter the treattie againes all thives, sorneris, outlawes, fugitives, murthereres, brokine men or ther receptores for whatsoevir thiftes, reiffes, hirshipes, oppressions, depredationes or murther done or committed by them, and all laufull decrees givine or to be givine by the parliament or any commissioneris to be appoynted by them for that effect who shall have pouer to dignose and take cognitione whither the same falles within the said act of pacificatione and oblivione or not.
3. It is desyred that the demand conserneing the not makeing or denunceing of warre with forraigneres without consent of both parliamentes may be condiscendit wnto by the king and parliament of England which is ordinarly and wniversaly observed in all mutuall leagues which are both defensive and offencieve. And because the warres denunced by one of the kingdomes with forraigneres althought made without consent of the other kingdome will ingage them by necessary consequence or if the consideratione of that propositione shall requyre longer tyme then the present conditione of the important effaires may permit, and least the speedy close of the treattie be therby impeded, it is desyred that this demand with the tuo other articles of the same nature, the one conserneing leagues and confederationes and the other conserneing mutuall supplie incase of forrane invasione, may all three be remitted to commissioneres to be chosine by both parliaments, who shall have pouer to treat and advyse therwpoun for the good of both kingdomes, and to report to the parliaments respective.
4. It is desyred that the articles conserneing trad and commerce, naturalizatione, mutuall priviledge and capacity and otheris of that nature allreddy demandit may be condiscendit wnto by the king and parliament of England, and namlie that demand about the pressing of shipes or men by sea or land, or if shortnes of tyme and exigencie of effaires may not permit the present determinatione of these demandis it is desyred that the same (except so many of them as are allreddie agried wnto by the commissioneris for trad) may be remitted to the commissioneris to be chosine by both parliamentes, who shall have pouer to treate and advyse therof for the good of both kingdomes, and to make report therof to the parliament respectivlie. And that the charteris or warrandis of the Scottishe natione for freedome of shipping in England or Ireland from all customes, impostes, duties and fees more thene are payed by the natives of England and Ireland granted by King James under the broad seall of England upoun the ellevinth of Apryle the 13 yeir of his rigne, and confirmed by King Charles the nynteenth of Apryle, the eight yeir of his rigne, may be ratified and enacted in the parliament of England.
5. That the extractes of bandis and decreetes put wpoun record and register in Scotland may have the lyke faith and execution as the French tabelliones have in England or Ireland, sieing they are of a lyke nature and deserve more credit; and if this cannot be done at this tyme, that it be remitted to the former commissione from both parliamentes.
6. The maner of saiffe conduct for transporting the money from England to Scotland by sea or land would be condisendit upoun in such a way as the chairges be not exorbitant.
7. The tennour of the commissione for conserveing of peace wold be condiscendit wnto, togither with the tymes and places of meetingis and whole frame therof, the draught wherof when it is drawne up in England is to be represented to the parliament of Scotland that they may make lyke commissione and name there commisioneris for that effect.
8. The parliament of Scotland doe joyne there earneste and heartie desyre and crave the parliament of Englandis concurrance that none be in place about the prince his heighnes bot such as are of the reformed religioun.
9. That ane act of parliament of publicke faith for payment of the tuo hundreth and tuentie thousand pundis of the brotherlie assistance which is arreare may be presentlie framed and expedited according to the termes agreed upoun.
10. It is desyred that the quorum to whom the Scotes should adresse themselves for payment of tuo hundreth and tuentie thousand pundis be condiscendit upoun.
11. That the order for recalling all proclamations etc. made against his majesties subjectis of Scotland be drawne wpe and intimated in due forme and tyme, with the publicke thankisgiveing at all the parishe churches of his majesties dominiones.
12. It is desyred that the articles conserneing the castle of Edinburgh and other strenthes of that kingdome may be wnderstood to be that the same shall be disposed of for the weall of the kingdome as the king and parliament shall thinke expedient.
[1641/8/24]*[print] [email] [cite] [preceding] [following]
1. That wpoun the disbanding of the Scottishe army, the garisones of Berwicke and Cairlile shall be removed according to the article of the treattie one that behalfe.
2. The second article is condiscendit wnto according to the provisione addit to the act of oblivione and pacificatione.
3. 4. 5. 6. The thirde demand, conserneing the making of warr with forreigneris with the other tuo articles conserneing leagues and confederationes and conserneing mutuall supplie and assistance againest forraine invasione, it is agreed to be referred to commissioneres to be chosine by his majestie and the parliamentes. As lykewayes the 4, 5 and 6 articles concerneing trade, commerce, naturalizatione, mutuall priviledge and capacity and otheres of that nature, and the demandis conserneing extractes of bandis and decreetes, and the maner of saife conduct for transporting of moneyes from England to Scotland are all referred to be takine in consideratione by the commissioneris to be appoynted by both parliamentes who shall have pouer to advyse and treate therwpoun, and report to the parliamentis respectivly.
7. It is just that the tennour of the commissione for conserving of peace should be agreed wpoun by mutuall consent bot the closing of the treattie not to stay heirupon bot to be lefte to the commissioneres to be named.
8. To that desyre conserneing such as should be placed about the prince, the king heath allreddie givine a cleere and satisfactorie ansuer.
9. That ther be ane act of parliament of publict faith for secureing payment of tuo hundreth and tuentie thousand pundis which is arrear of the brotherlie assistance is just and order is givine for it accordinglie, and it shall be communicat with the Scottishe commissionars that it may be a perfyte security.
10. For appoynting a quorum for attending the payment of the money is allreddy moved to the parliament and will be done as is desyred.
11. The ellevinth article is verie just and order shall be givine accordinglie for recalling all proclamationes etc. and for publict thankisgiveing.
12. This article for the castle of Edinburgh and other strenthes of Scotland is to be setled betuixt his majestie and the commissioneris of Scotland or by his majestie and parliament of Scotland.
All which articles are assented wnto and approved by his majestie, with advyce of the parliament of England, and by the committies of the parliament of Scotland, and are necessary for publict declaration of mutuall consent and for firme observatione to be confirmed and ratified in the parliamentes of both kingdomes.
[1641/8/25]*[print] [email] [cite] [preceding] [following]
Be it therfore enacted by his majestie, with the assent of the lordis and the commones of this present parliament assembled, that the said treattie and all the articles therof assented wnto as aforsaid be and stand for evir ratified and established and have the force, vigour, strenth and authoritie of a law, statute and act of parliament. Lykeas, this aforewrittine treattie and whole articles therof are by his majestie and the states of the parliament of Scotland enacted and ordeaned to have in all tymecomeing the full force and strenth of a true and perfyte security and act of the said parliament. And his majestie, for himselfe and his successours, doeth promeis in verbo principis never to come in the contraire of this statute and sanctione nor any thing therineconteaned, bot to hold the same in all poyntes firme and stable and shall cause it to be trulie observed by all his majesties leiges according to the tennour and intent therof for now and evir. Lykeas, the parliament of both kingdomes give full assurance and doe make publicke faith in name of both kingdomes respectively for the true and faithfull observance of this treatty and whole articles therof inviolably hinc inde.
Lykeas his majestie, with advyse of the estates of parliament, commandes the clerke of parliament to insert and registrat the same in the bookes of parliament and to give the extract of this act wnder his hand to the director of the chancellary whom they command to write the same to the great seale, and the keeper of the great seale to append the great seale therto. And declaires that the same being so sealed and returned to the parliament of England is and shall be wnto them a full and perfyte security by this ther act, givine at Edinburghe, the 26 of August 1641 yeires.
[1641/8/26]*[print] [email] [cite] [preceding] [following]
The supplicatione presented be the Erle of Montroise, Lord Naper and Lairdis of Keir and Blakhall craveing enlargment upon surtie being red in presence of his majestie and estates of parliament, they refused the desyre of the said supplicatione.