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For the right honorable the comittee of estates of the kingdome of Scotland mett at Edinbrugh
May it please your lords,
This day wee have received your lords letter of the 19th of this instant, wherein, for our direction in the manageing of affaires, yow doe referre to the instructions given by yow on the 6th of this moneth, but the state of affaires being much altered from what it was supposed by your lords to bee when these instructions were framed, both in relation to the condition of the king and the houses of parliament, to whom wee are directed by our comission and instructions to make our addresses, wee have found it necessary for us, by this expresse, to adde this further account of the state of affaires to what your lords have already received, and, upon the whole, to crave your lords particular directions.
Upon the 6th of this instant, the army haveing sent some forces to the houses of parliament, did by officers appointed for that purpose seaze upon the persons of above 40tie members of the house of comons and denyed to set them at liberty againe, though it was twice desired by order from the members that were permitted to sit, who also refuised to act untill this force was removed and their members set at liberty. The day following about 50tie or 60tie of those who were permitted to sit the day before were by force debarred from entering the house. Some did forebeare to come to the house, that they might avoide imprisonment, and others abstaine because they will not sit in the house as long as it is under force. What the number of the whole may bee we know not, but wee have sent your lords a list of those who were imprisoned and of others appointed to be debarred from entring into the house, which doe amount to two hundred and odde, yet no charge hath beine given in against them. There was a paper given in by the army to the house, wherein it was affirmed that it appeared upon a division of the house that nynty and odde were against declareing the Scotts who invaded this kingdome enemyes, but upon triall and search of the bookes, it was found that the house was not at all divided about that question. The number of those who now sit in the house is usually betuixt 40tie and 50tie and sometyme betuixt 50 and 60tie, amongst which number wee have few or no freinds. Wee have also sent a list of their names who were once imprisoned and are now at liberty but doe not come to the house.
Amongst the lords the earle of Northumberland, earle of Manchester, Lord Say and others forebeare to come to the house of peeres, and their number who doe come is usually three or foure of these six, viz: the Lord Pembroke, Denbigh, Nottinghame, Kent, Mulgrave and Grey of Worke. Upon Fryday the 11th of this instant, a private fast was keept in the house of comons, after which, all former votes relateing to a treaty with the king and the ordinance concerneing the militia were revocked. Upon Fryday last, they had another fast, which they keep't publictly in the litle church in Westminster, and the next day this vote for proceiding against the king and other capitall offendors passed, there being few above a quorum present. A comittee of 38 was first appointed to consider of the way of proceiding, but after so many were named, the whole house was appointed to be of the comittee, as will appeare to your lords by the copy of the vote herewith sent. Some say they will proceid to the triall of the king by a comission from both houses under the great seale, but the debate of the comittee, as wee are informed, tended most to a proceiding against him as a prisoner of warre by a court martiall. Hee was brought to Windsor on Saturday last at night.
Wee have also sent your lords a paper called The Agreement of the People, which generally for the substance, wee heare, is approved by the councell of warre. The greatest alteration wee can learne of is in that part of it which is called 'The First Reserve' and relates to matters of religion, concerneing which there hath beine much debate betuixt the Levellers and others, and at lenth is thus composed: that the representatives shall have power in things naturall and civill, and those only. The word 'morall' was once offered but upon the question was rejected, because it might be supposed to extend to matters of religion, which is equivalent to an universall toleration. Your lords will likewise receive Mr Ashhurst's observations in print upon that Agreement.
Wee have further to represent unto your lords that if wee shalbe silent at these things, it wilbe taken as an approbation of them, or at the best wilbe understood to be a complyance with the armyes proceidings upon private and underhand agreements; and upon the other part, if wee make addresses to the lords and commons who are permitted to sit and acknowledge them to be the houses of parliament, it willbe looked upon by others as a wronging of the cause and a breach of the covenant, which obleigeth us to preserve the rights and priviledges of the parliaments and libertyes of the kingdomes, unlesse it be done with a salvo to the priviledges of parliament and takeing notice of the force upon the houses. In these difficult and ticklish affaires, which are of so great importance and dangerous consequence to religion and to the peace and union betuixt the kingdomes, wee have judged it most necessary for us to desire your lords speedy and positive directions upon the whole particulars represented. In expectation whereof, wee rest,
Your lords most humble servants, Covent Gardin, the 22th of December 1648, Lothian; Johne Cheislie; W. Glendonyng
In the list of members which wee have sent, wee desire your lords to observe that all those who are marked with a crosse were designed by the army to imprisonment, and those who are marked with an 'O' are now released.
The letters from New Castle came hither yesterday, but the letters from Edinbrugh came not till this day.
Mett at Edinburgh, 5 Januarii 1649
Producit be my lord chancellour and red in audience of the parliament.