24 July 1641

[Copy of the instructions from the parliament of Scotland to their commissioners at London]

Instructions from the parliament of Scotland to the commissioners at London appointed by the committee of estates for the time regarding the treaty with the English commissioners from the king and parliament of England

Your lordships are authorised hereby to condescend and agree by subscription or otherwise to the articles and frame of the said treaty in so far as is contained and set down in the paper marked by the clerk of the parliament, his hand on the back thereof.

It is left to your lordships the further explanation of the word 'goods' in the sixth demand, that it may be extended to ammunition and arms or at least as far as can be got obtained relating thereto.

When your lordships come to debate and condescend upon the form and manner of removal of the armies, it must be remembered that as the Scots army comes out of England to Scotland, so the English garrisons of Berwick and Carlisle must remove in the same way at the same time.

Your lordships as commissioners are herewith enjoined by the parliament of Scotland to subjoin to his majesty's answer regarding the election of officers of state, council and session these words: 'We find ourselves not satisfied with this answer, and therefore leave this article and answer to be considered by his majesty or his commissioner and the parliament of Scotland'. Which words must be inserted in the treaty.

Your lordships are to entreat the parliament of England to concur with you for obtaining that demand regarding the placing of none but those of the reformed religion about the prince, his highness, at least to procure so much as can be obtained relating to this.

Your lordships are to crave that the exception following may be subjoined to the act of pacification, namely: to except from the said act of pacification all legal pursuits intended or to be intended within the space of year and a day after the date of the treaty against thieves, sorners, outlaws, fugitives, murderers, broken men or their receivers for whatsoever thefts, robberies, plunderings, oppressions, depredations or murder done or committed by them. And all lawful decreets given or to be given by the parliament or any commissioners from them relating thereto who shall have power to investigate and take cognition, whether the same falls within the said act of pacification and oblivion or not. And if your lordships cannot get this subjoined or inserted in the treaty, you are to declare to his majesty that of necessity there must be an act of parliament in Scotland to this effect and of this tenor.

Your lordships are to desire that the demand regarding not making or denouncing of war with foreigners without consent of both parliaments may be granted to by the king and parliament of England. And if that cannot be obtained, to desire that the same with the other two articles of the same nature, namely: that concerning leagues and confederations and the other regarding mutual supply in case of invasion may be all three omitted in the treaty and remitted to commissioners to be chosen by both parliaments, who shall have power to treat and advise thereupon for the good of both kingdoms, and to report to the parliaments respectively. And if this reference cannot be agreed to without mistaking, your lordship are to let the said two last articles stand as they are agreed to in the treaty. And to desire in place of that required by the English to be omitted, there may be inserted first that the king and parliaments of either kingdoms shall not denounce or make war with foreigners without consent of the other unless upon urgent necessity. Secondly, if they shall be urged to denounce or make war, the king and the kingdom who shall denounce and make the war with foreigners shall be obliged to intimate and make known the same without delay after their first resolution thereof to the other kingdom, that they may be upon their guard for their ships, trade and goods abroad and for themselves at home. Thirdly, they must be obliged with the said intimation to show the reasons and grounds of their denouncing or making war to the other kingdom, that after consideration thereof they may resolve whether to join or not in the foreign war. Fourthly, the English ships (as well his majesty's ships as any other ship of England) must fortify, assist, supply and defend any Scottish ships shall come in danger by reason of any war to be denounced and made by the king and kingdom of England.

Your lordships are to urge further that the articles regarding trade and commerce, naturalisation, mutual capacity and others of their nature already demanded may be yielded to by the king and parliament of England, and namely that demand regarding the pressing of ships and men, but more especially that regarding the pressing of men by sea or land. And if the same cannot be granted, you are to desire that the same may be altogether deleted out the treaty or otherwise remitted to some select commissioners from the parliaments who shall have power to treat and advise for the good of both kingdoms, and to report to their parliaments respectively.

Your lordships are likewise to remember that the duties paid for convoy of Scottish ships be cleared only to be convoy money, and the like as the English pays for convoy money when the convoy is required. And that if any who shall pay convoy money and be taken shall have the like redress as the English have. And if this cannot be obtained as it is set down, to be omitted or remitted as is before expressed.

Your lordships are to urge that the registered bonds and decreets in Scotland may have the like faith as the French tabellions in England or Ireland have, seeing they are of a like nature and deserves more credit. And if this cannot be obtained as it is here set down, to remit the same to the former commission.

Your lordships are to condescend with the parliament of England regarding the manner of safe conduct for transporting of the money to Scotland by sea or land in such a way as that the charges be not exorbitant and may be presently known.

Your lordships are to remember that the tenor of the commission for conserving of peace must be settled, together with the times and place of meeting and whole frame thereof, the draft whereof when it is drawn up in England and represented to the parliament of Scotland they will take the same to consideration and name their commissioners for that effect.

Item, your lordships are to deal for the persons named in this supplication marked with the said clerk's hand and for all other of the like condition who have been oppressed with the high commission or officials in Ireland before or after the pressing of the oath, that they may be restored to their goods and repaired of their losses, wherein your lordships are to do as much as can be.

Your lordships are to desire that the meaning of the article regarding the castle of Edinburgh and the other strengths of the kingdom may be understood to be that the same shall be disposed for the well of the kingdom as the king and parliament shall think expedient. And if you cannot get these words regarding the foundation altered in the treaty, your lordships are to represent the same to his majesty that it may be taken to consideration by his majesty or his commissioner and the parliament of Scotland.

It is thus subscribed: 24 July 1641, [Robert Balfour, lord Balfour of] Burleigh, president, in presence of the lords of parliament

  1. NAS, PA6/3, 'July 24 1641', f.1r-1v. Back
  2. NAS, PA6/7, 'Appendix, July 24 1641'. Back
[Copy of the parliament's letter to the king]

24 July

Copy of the estates' letter to the king

Most gracious sovereign,

[Charles Seton], earl of Dunfermline and [John Campbell], lord Loudoun, according to your majesty's commandments to them, have signified to us your majesty's gracious resolution in several particulars for the good of this your majesty's ancient and native kingdom, which we acknowledge with humble and hearty thanks to proceed from your majesty's great goodness and justice. They have likewise represented to us your majesty's pleasure in some propositions, one whereof is concerning the manner of election of officers of state, council and session which we have commanded our commissioners to answer in the treaty in such a way as we conceive can best suit with your majesty's honour and the well of this your majesty kingdom. The rest of the particulars (not already answered in our last letter to your majesty) are not as yet so fully considered by us as that we can give your majesty a particular account thereof, but we shall as well in these, as in all other things, study and labour to give your majesty at your royal presence here such satisfaction as may stand with your majesty's honour, the good and safety of this your kingdom or can be required of the estates of this your majesty's parliament, at whose command this letter is subscribed by us, who are

Your majesty's most humble and most loyal subjects, [...], Edinburgh, 24 July 1641

  1. NAS, PA6/3, 'July 24 1641', f.1r-1v. Back
  2. NAS, PA6/7, 'Appendix, July 24 1641'. Back