The eighth day of this session of parliament
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Rolls called and prayer said.
The king being present.
Our sovereign lord and estates of parliament ratify and approve the articles of the large treaty concerning the establishing of the peace between the king's majesty and his people of Scotland and between the two kingdoms of Scotland and England, and for his majesty and his successors perpetually confirm the same, ordaining the same in all time coming to have the full force and strength of perfect security, laws and acts of parliament. Likewise his majesty for himself and his successors promises in the first word never to come in the contrary thereof for any thing contained therein but to hold the same firm and stable, and shall cause it to be truly observed by all his majesty's lieges according to the tenor and intent thereof for now and ever, whereof the tenor follows:
Whereas by his majesty's royal wisdom and princely care of the peace and happiness of his majesty's dominions a treaty has been appointed for removing of all differences raised between the two kingdoms and between the king and his subjects of Scotland, and for settling and assuring a firm and blessed peace for all time to come; and a commission has been given under the great seal of England with approbation of both houses of parliament bearing date 23 November [1640], in the 16th year of his majesty's reign and in the words following:
Charles, by the grace of God, king of Scotland, England, France and Ireland, defender of the faith etc., to our right trusty and right well-beloved cousins Frances [Russell], earl of Bedford, William [Seymour], earl of Hartford, Robert [Devereux], earl of Essex, and to our right trusty and right well-beloved cousin and councillor William [Cecil], earl of Salisbury, and to our right trusty and right well-beloved cousin Robert [Rich], earl of Warwick, and to our right trusty and right well-beloved cousin John [Digby], earl of Bristol, and to our right trusty and right well-beloved cousin and councillor Henry [Rich], earl of Holland, and to our right trusty and right well-beloved cousin and councillor Thomas [Howard], earl of Berkshire, and to our right trusty and well-beloved Philip [Wharton], lord Wharton, William [Paget], lord Paget, Edward [Montagu], lord Kimbolton, Robert [Greville], lord Brooke, John [Poulett], lord Poulett, Edward [Howard], lord Howard of Escrick, Thomas [Savile], lord Savile and Francis [Leigh], lord Dunsmore, greeting.
Whereas diverse of our subjects of Scotland have by their several petitions humbly besought us that we would be graciously pleased to grant to them certain demands, we reposing especial trust and confidence in your great wisdom and fidelities have named, assigned and appointed you, and by this commission do name, assign and appoint you to be our commissioners and do hereby give and grant to you, or any ten or more of you, full power and authority to treat with John [Leslie], earl of Rothes, Charles [Seton], earl of Dunfermline, John [Campbell], lord Loudoun, Sir Patrick Hepburn of Waughton, Sir William Douglas of Cavers, William Drummond of Riccarton, John Smith, bailie of Edinburgh, Alexander Wedderburn, clerk of Dundee, Hugh Kennedy, burgess of Ayr, Alexander Henderson and Archibald Johnston [of Wariston], or any of them or any other deputed or to be deputed by our said subjects of Scotland or nominated on their behalf, and to take into your serious consideration the said demands, and compose, conclude and end all differences arising thereupon or otherwise as you, or any ten or more of you, in your wisdom shall think fit, and whatsoever you our commissioners aforesaid, or any ten or more of you, shall do in the premises, we do by this act ratify and confirm the same. In witness whereof, we have caused these our letters to be made patents, witness ourself at Westminster, 23 November [1640], in the sixteenth year of our reign.
By the king himself.
And in like manner, a commission has been granted by the committees of the parliament of Scotland bearing date 31 October and 4 November 1640, and in the words following:
We, the commissioners of the parliament of Scotland, being a full number of both the quorums thereof under-subscribing, forasmuch as the king's majesty our dread sovereign has been graciously pleased upon our humble supplications to appoint a treaty and conference at Ripon between our commissioners chosen and sent by us for that effect and a number of the peers of England, who accordingly met and have accorded upon certain articles as well regarding the maintenance of our army as regarding the cessation of arms during the treaty; and because the time for the ensuing parliament of England could not permit the treaty to come to the wished conclusion, there his majesty was likewise graciously pleased to transfer the said treaty to London where the said parliament is to hold that there those entrusted by his majesty and estates of parliament may have the better time and place to treat and conclude relating thereto. Therefore we, the said commissioners, being a full number of both quorums thereof, under-subscribing, by virtue and according to the commission granted to us by the estates of parliament, do not only approve the said articles already agreed upon and subscribed by our said commissioners at Ripon, but also do by this commission give full power, warrant and commission to John [Leslie], earl of Rothes, lord Leslie etc., Charles [Seton], earl of Dunfermline, lords Urquhart and Fyvie etc., John [Campbell], lord Loudoun, Sir Patrick Hepburn of Waughton, Sir William Douglas of Cavers, William Drummond of Riccarton, John Smith of Edinburgh, Master Alexander Wedderburn of Dundee and Hugh Kennedy of Ayr as members of the estates of parliament, and because many things may occur concerning the church and assemblies thereof, therefore, besides those of the estates, we nominate and appoint Master Alexander Henderson and Master Archibald Johnston [of Wariston] whom we adjoin for that effect, with power to them (or any seven of them, there being always two of every estate) to pass to the said city of London and there, or at any other place convenient (mutually to be agreed upon), to meet and convene with any who shall be appointed by his majesty and estates of parliament of England for the foresaid treaty, giving, granting and committing, likewise we by this commission give, grant and commit to them in manner foresaid full power, warrant and commission to treat, consult, advise, determine and agree as well regarding the satisfying and granting of our demands as in obtaining and securing a settled peace for all time coming, according to the instructions given to them herewith or which shall be sent to them hereafter by us or any one of the said quorums at the camp or Edinburgh relating thereto; with power to them as said is to do every thing which may conduce for the better and easier obtaining of our said demands and establishing a settled peace, according to the said particular instructions in such manner as we might do if we were all personally present ourselves in full number, promising to hold firm and stable all and every thing our said commissioners in manner foresaid shall do in the premises, according to the said instructions. And in case it shall be found expedient or necessary to add any more commissioners to the foresaid persons, those who shall so be sent authorised under our hands or the full number of any of the said quorums, shall have a like power and commission by virtue of this commission with the forenamed commissioners in such manner as if their names were particularly expressed herein. In witness whereof, this commission is subscribed at Newcastle and Edinburgh, 31 October and 4 November 1640. It is thus subscribed:
And forasmuch as by virtue of the said commission the commissioners therein authorised have treated and by the assistance and blessing of God have agreed upon the heads and articles following:
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The Scottish commissioners (having given in the declaration following, namely: We do still in all loyalty as becomes humble and dutiful subjects acknowledge our dependence upon his majesty as our dread sovereign whether his majesty live in Scotland or England and shall always and in all things witness our high respects and best affections to the kingdom and parliament of England according to the strong bonds of nature and religion by which the two kingdoms are joined under one head and monarch, yet as we are fully assured that the kingdom and parliament of England is for the present far from any thought of usurpation over the kingdom and parliament of Scotland or their laws and liberties, so for the preventing the misunderstanding of the posterity and of strangers and for satisfying the scruples of others not acquainted with the nature of this treaty and the manner of our proceedings which may arise upon our coming into England and our treating in time of parliament, we do by these words declare and make known that neither by our treaty with the English nor by seeking our peace to be established in parliament nor any other actions of ours do we acknowledge any dependency upon them or make them judges to us or our laws or anything that may import the smallest prejudice to our liberties, but that we come in a free and brotherly way by our information to remove all doubts that may arise concerning the proceedings of our parliament, and to join our endeavours in what way may conduce for the good and peace of both kingdoms no otherwise than if by occasion the king, his residence in Scotland, his commissioners in the like exigence should be sent thither from England) did demand that his majesty would be graciously pleased to command that the acts of the late parliament may be published in his highness's name as our sovereign lord, with consent of the estates of parliament convened by his majesty's authority. To which it is answered and agreed that forasmuch as the king's majesty at the humble desire of his subjects did call and convene a parliament to be held at Edinburgh, 2 June 1640, wherein certain acts were made and agreed upon, which acts his majesty (for the peace and good of his kingdom) is pleased to publish in his own name, with consent of the estates, and therefore commands that the said acts bearing date 11 June 1640 be published with the acts to be made in the next session of the same parliament, and that all the said acts, as well of the precedent as of the next session to be held, have the strength in all time coming of laws, and to be universally received and obeyed by all the subjects of the kingdom of Scotland. His majesty does in the word of a king promise the publishing of the said acts in such sort as is above-specified. As for the manner of publishing the said acts, his majesty approves that the declaration of the estates in the beginning of the acts and the conclusion at the end may be passed in silence at the publishing of the acts and left out in the printed copies. And if anything shall further occur concerning the manner of publishing of the said acts, his majesty's commissioner may then offer it to the estates to be considered of, his majesty being most assured that the estates of parliament will have a great care not to suffer his majesty's authority to be prejudiced in the managing of these great affairs. 3 December 1640.
The second demand that the castle of Edinburgh and other strengths of the kingdom should, with the advice of the estates of parliament, according to their first foundation be furnished and used for defence and security of the kingdom, is agreed to.
The third demand that Scottish men within his majesty's dominions of England and Ireland may be freed from censure for subscribing the covenant and be no more pressed with oaths and subscriptions unwarranted by their laws and contrary to their National Oath and Covenant approved by his majesty, it is thereto answered and agreed in his majesty's name, 8 December 1640, that as his majesty has granted your first and second demands, so do we, in his majesty's name, answer to the third that all those who in his majesty's dominions of England or Ireland have been imprisoned, forfeited or censured in any other manner of way for subscribing of the covenant or for refusing to take any other oath contrary to the same shall be freed of their censures and shall be fully restored to their liberties, estates and possessions. And for time coming that the subjects of Scotland as subjects of Scotland shall not be constrained to any oath contrary to the laws of that kingdom and the religion there established, but such of the kingdom of Scotland as shall transport themselves into the kingdoms of England and Ireland and there be settled inhabitants, either by way of having inheritance or freehold or by way of trades (by which the way of the trading of the factors of merchants, nor of merchants themselves is not to be understood), shall be subject to the laws of England or Ireland and to the oaths established by the laws and acts of parliaments in the said kingdoms respectively wherein they live and have their ordinary and constant residence and no otherwise. And the English and Irish shall have the like privilege in Scotland. 8 December 1640.
To the fourth demand craving that his majesty may be graciously pleased to declare, as an act of royal justice serving much to his own honour for the establishing of this throne and for the good and peace of both kingdoms, that whosoever shall be found upon trial and examination by the estates of either of the two parliaments (they judging against the persons subject to their own authority) to have been the authors and causers of the late and present troubles and combustion, whether by labouring to make and foment division between the king and his people or between the two nations or any other way, shall be liable to the censure and sentence of the said parliaments respectively, according to the paper of 9 December 1640. It is answered upon 11 December 1640 that his majesty believes he has none such about him and therefore concerning that point he can make no other declaration than that he is just and that all his courts of justice are free and open to all men, his parliament in this kingdom is now sitting and the current parliament of Scotland near approaching the time of their meeting, to either of which he does not prohibit any of his subjects to present their just grievances and complaints of whatsoever nature, each meddling and judging against the persons subject to their own authority, 11 December 1640. It is further answered upon the said 11 December 1640 to your fourth demand concerning incendiaries that his majesty believes he has none such about him, therefore concerning that point he can make no other declaration than he is just and that all his courts of justice are to be free and open to all men, his parliament in this kingdom is now sitting and the current parliament of Scotland near approaching the time of their meeting, in either of which respective he does not prohibit the estates to proceed in trying and judging whatsoever of his subjects. And whereas it was further demanded that as his majesty would not hinder any of his subjects to be tried and judged by the parliament so that none after the sentence of the parliament should have access to his majesty or be maintained and enjoy places or offices and have credit and authority to inform and advise his majesty, according to the paper of 23 December 1640, it is declared in his majesty's name upon 30 December 1640, besides his majesty's former answers, his majesty has commanded us to declare in his name that he will not employ any person or persons in office or place that shall be judged incapable by sentence of parliament; nor will he make use of their service without the consent of parliament nor grant them access to his person, whereby they may interrupt or disturb that firm peace which he now so much desires, he being confident they will proceed in a fair and just way and (according to their several professions) with that respect to his honour which in reason he may expect from good and dutiful subjects. 30 December 1640.
The fifth demand that their ships and goods and all damage thereof may be restored is agreed and to be reciprocal that all ships and goods taken at sea or stayed in ports with damage be restored on both sides, and that some summary course be agreed upon for the performance thereof upon the demands of the particulars on both sides, according to the paper of 30 December 1640. And further it was agreed upon 7 January 1641, in the Scottish writing style, that all ships taken and stayed should be reciprocally restored on both sides, and that the Scottish commissioners, having informed us that about 80 ships of Scotland are yet stayed in the ports and are like to suffer much more hurt, loss and damage if they shall not be delivered into some hands who may have care of them, it is agreed for the more speedy expedition of the Scottish ships, and that the owners thereof be not longer damnified by the want of them, that warrants shall be presently granted for delivery of all their ships. And that £4,000 be presently advanced for caulking, sails, cordage and other necessaries for helping the present setting forth of the said ships. And for the rest of this article, when it shall come in the sixth demand, it shall be agreed to. 7 January 1641 in the Scottish writing style.
To the sixth demand concerning the loss which the kingdom of Scotland has sustained, and the vast charges they have been put to by occasion of the late troubles and the reparation desired from the justice and kindness of the kingdom of England towards relief thereof, in manner and upon the ground expressed in the paper of 7 January 1641, in the Scottish writing style, it is answered that this house thinks fit that a friendly assistance and relief shall be given towards supply of the losses and necessities of the Scots, and that in due time this house will take into consideration the measure and manner of it according to the paper, 12 January 1641, in the Scottish writing style. And further, the parliament upon 3 February [1641] did declare that they did conceive that the sum of £300,000 is a fit proportion for the friendly assistance and relief formerly thought fit to be given towards the supply of the loss and necessities of their brethren of Scotland, and that the house would in due time take into consideration the manner how and the time when the same shall be raised, according to the paper of 3 February [1641] in the Scottish writing style, and given in to the treaty upon the fifth of the said month.
And whereas it was desired by the Scottish commissioners that the English commissioners would let them know from the parliament the security, manner and terms of payment of the foresaid sum of £300,000 and of the arrears due for relief of the Northern Countries, it was agreed to by warrant and order of the parliament that they should have £80,000 as a part of the foresaid sum of £300,000 with the whole arrears due to the army before the disbanding thereof, according to the paper of 26 May 1641 and given in to the treaty upon 27 of the said month.
And concerning the security for paying of the remainder of the said sum of £300,000 which is in arrears, extending to £220,000, it is resolved and agreed to by both houses of parliament that an act of parliament of public faith shall pass for security thereof, and that one moiety or equal half of the same, extending to £110,000, shall be paid at Midsummer in the year 1642, and the other moiety or equal half thereof to be paid at Midsummer in the year 1643, as the order of the houses of parliament of 19 and 25 June 1641 does more fully purport.
And in like manner, whereas it was desired by the Scottish commissioners that they might know to whom they should address themselves for payment of the sums at the days appointed by the parliament, according to the parliament's determination of 19 June [1641]; secondly, at what place the payment should be made; thirdly, that a safe conduct may be granted for the secure transporting of the monies to Scotland at the times of the payment agreed upon, it is answered and resolved by the parliament that those earls, lords and commissioners following shall be the persons to whom the Scots shall address themselves for the receiving of the sums at the days appointed by the parliament: [Frances Russell], earl of Bedford, [Robert Devereux], earl of Essex, [Robert Rich], earl of Warwick, [Henry Rich], earl of Holland, [Henry Grey], earl of Stamford, [Philip Wharton], lord Whartoun, [Edward Montagu], lord Mandeville, [Robert Greville], lord Brooke, Master Martin, Sir Thomas Barrington, Master Capell, Sir Archibald† Ingram, Sir Gilbert Gerard, Sir Robert Pye, Master H. Ballassis, Sir Walter Earl, Sir William Litton, Sir Henry Mildmay, Sir Thomas Cheeke, Sir John Strangeways, Master Arthur Goodwin, Master Hampden, Alderman Soam and Alderman [Robert] Pennington; resolved upon the question that the place of payment shall be the Chamber of London; resolved upon the question that a safe conduct shall be granted for the secure transporting of the monies to Scotland at the terms of payment agreed upon at the charge of the Scots according to the paper, 22 June 1641.
To the seventh demand desiring that as his majesty has approved the acts of the late parliament wherein all such declarations, proclamations, books, libels and pamphlets as have been made, written or published against his loyal and dutiful subjects of Scotland are recalled and ordained to be suppressed and destroyed, so his majesty may be pleased to give order that the same may be suppressed, recalled and forbidden in England and Ireland, and that the loyalty, integrity and faithfulness of his majesty's subjects of Scotland towards his majesty's royal person and government may at the closing of this treaty of peace, and at the time of public thanksgiving for the same, be made known in all places and all parish churches of his majesty's dominions. This was the more earnestly desired and confidently expected from his majesty's justice and goodness because no calamity nor distress has so sorely vexed or so deeply wounded the hearts of his majesty's subjects as their loyalty and love towards their native king should have been controverted and by the malignancy of bad instruments brought into suspicion. And because they unfeignedly desire and pray for his majesty's happiness and are resolved by all means and at all occasions to deny themselves and what they have for his majesty's honour, as is more fully contained in the paper of 8 February 1641, in the Scottish writing style, it is answered upon 10 February 1641, in the Scottish writing style, we do agree that all declarations, proclamations, acts, books, libels and pamphlets that have been made and published against the loyalty and dutifulness of his majesty's subjects of Scotland shall be recalled, suppressed and forbidden in England and Ireland. And that this be reciprocal in Scotland if any such have been made and published there in prejudice of his majesty's honour, and this upon diligent inquiry to be done by the authority of the parliament next sitting in Scotland; of which the commissioners of Scotland do promise to have an especial care. And we do also agree that when it shall please Almighty God to grant a happy close of this treaty of peace, the loyalty of his majesty's said subjects shall be made known at the time of public thanksgiving in all places, and particularly in the parish churches of his majesty's dominions, to which we are the rather induced for that you express how deeply it has wounded the hearts of his majesty's said subjects that their loyalty and love to his majesty, their native king, should be brought in question and suspicion, whereas they unfeignedly desire and pray for his majesty's happiness and are resolved by all means and at all occasions to deny themselves and what they have for his majesty's honour. 10 February 1641, in the Scottish writing style.
Concerning the eighth demand for a happy and durable peace, which is the chief of all our desires and to which all the former seven articles being now agreed upon are as many preparations, we do first of all desire that all monuments, tokens and shows of hostility upon the borders of the two kingdoms may be taken away, and that upon the reasons and considerations particularly expressed in the paper of 10 February 1641 that not only the garrisons of Berwick and Carlisle may be removed but that the works may be slighted and the places dismantled, it is answered and agreed upon 14 June [1641] that his majesty is desirous that all things between the kingdoms of Scotland and England be reduced into the same state they were in before the beginning of the late troubles; and therefore he does give his assent to the advice of the two houses of parliament that the garrisons of Berwick and Carlisle upon the disbanding of the Scottish army now in England and of all such forces as are gathered together in Scotland be likewise presently removed, and that the fortifications of Berwick and Carlisle be also reduced to the same condition they were before the late troubles, so that all fortifications in Scotland be likewise put in the same condition they were before the said troubles, and that the works be not repaired but suffered to decay, and that the ordinance and ammunition be removed. And that it be without prejudice of his majesty's former grant of the second demand concerning the keeping of the castles of the kingdom of Scotland. 14 June 1641.
To their desire concerning unity in religion and uniformity of church government as a special means for conserving of peace between the two kingdoms upon the grounds and reasons contained in the paper of 10 March [1641] given in to the treaty and parliament of England, it is answered upon 11 June that his majesty, with the advice of both houses of parliament, does approve of the affections of his people of Scotland in their desire of having conformity of church government between the two nations. And as the parliament has already taken into consideration the reformation of church government, so they will proceed therein in due time as shall best conduce to the glory of God, the peace of the church and of both kingdoms. 11 June 1641.
To their desire of the king's majesty and the prince coming there and residing sometimes in Scotland upon the reasons given on 16 February 1641, in the Scottish writing style, it is answered upon 9 June that his majesty does take in good part the sense his subjects of Scotland have of his absence and the dutiful expression they make of their desire to have him and the prince, his son, frequently among them, and assuring himself that they have no other intention in this demand but merely to express their love to his person and the welfare of his ancient kingdom, he declares to them that as he shall feel the urgency of these affairs require his presence and his other conveniences here permit he will repair thither, and the prince, his son, so far as he may know and be acquainted with the people there. 9 June 1641.
To the desire concerning the manner of choosing and placing of the officers of state, councillors and sessioners within the kingdom of Scotland by advice of the parliament upon the grounds and reasons given on 18 March 1641, in the Scottish style, it is answered, 9 June, in his majesty's name, we intend nothing more heartily and really than that our people shall be governed by the laws of the kingdom and that all judges in their separate judicatories should judge accordingly. Therefore we will never permit nor allow that either councillors, officers of state or judges be exempted from our and our parliament's censure and trial for the discharging of their duties in their several offices and places. Likewise we conceive that nothing will more conduce to the good of our service and the peaceable and happy government of the kingdom than that officers of state, places of council and session and other judicatories be provided with honest, able and qualified men, for which end, and because of our necessary absence from that kingdom, which makes the qualification of persons fit for places less known to us, we shall so far give ear to the information of our parliament, and when our parliament is not sitting, of our council and college of justice as that we shall make choice of someone such as they by common consent upon the vacancy of the place shall recommend to us, or if we shall conceive another person to be fitter than any of those recommended, we shall make the same known to the parliament or in the time between parliaments to our council and session, that from them we may be informed of the qualification and abilities of the person named by us, to the effect that if by their information it shall appear to us that there is just exception against the life and qualification of the said party we may timely nominate some other against whom there shall be no just exception. By which means we doubt not but that we shall from time to time choose such honest men as for known integrities and abilities shall be fit to discharge their places and offices with that duty and sufficiency which we and our subjects may justly expect, which intention of ours being now so fully and clearly expressed we doubt not but will give good satisfaction to our ensuing parliament. And as we never intended to remove just and able men from their places in the college of justice, so do we now declare for our people's full satisfaction that their places shall be provided to them for as long as they shall conduct themselves well. And if this our answer cannot content the Scottish commissioners, we do then remit the whole answer to be considered by us or our commissioner and the parliament at the next sitting thereof. 9 June 1641.
To their desire of placing some Scottish men of respect about the king and queen's majesties and the prince's highness upon the grounds and reasons given on 9 April 1641, it is answered his majesty's goodness and grace towards his subjects of Scotland in placing them about his own person in places of greatest nearness and trust has been such as ought to give them full satisfaction of his royal affection towards his subjects of his native kingdom. Therefore, for this point, his majesty needs only to assure them that he shall continue the same care which hitherto he has done for their satisfaction in this particular, and not only so but shall also recommend the same to the prince, his son, that successively the kingdom of Scotland shall so taste of the care of their sovereigns that by the grace of God they shall never want a sufficient number of honest and sufficient persons of that nation about the king's person and princes, against whom there shall be no just exception. 9 June 1641.
To their desire that none may have place about his majesty and the prince but such as are of the reformed religion, in manner expressed in the paper 1 April 1641, it is answered his majesty does conceive that his subjects of Scotland have no intention by this proposition (especially by way of demand) to limit or prescribe to him the choice of his servants, but rather to show their zeal to religion, wherein his own piety will make him do therein that which may give just satisfaction to his people. 9 June 1641.
To their desire given on 1 April [1641] concerning the copper coin, it is answered, whereas the Scottish commissioners have represented to his majesty the great prejudice sustained by the kingdom of Scotland through the coining of copper money which has passed there this long time bygone for seven times and above as much as the true value and worth thereof, contrary to the continual custom of that kingdom, and therefore desiring that no copper money be coined hereafter without consent of the estates convened in parliament, who may remedy the present prejudices the country sustains thereby and who upon good consideration of the necessity thereof in time to come may appoint such a proportion as is fit and as the country shall require for the use of the poor and for change in buying and selling commodities, and that the same shall not pass but according to the intrinsic value thereof with the allowance of a tenth part or such a proportion as the parliament shall think fit to allow for the impression and workmanship in coining, his majesty is graciously pleased to recommend to the ensuing parliament of Scotland the whole matter of copper coin and remits to their consideration to take such order therein as they shall think fitting, not only concerning the copper coin to be coined hereafter but also the copper money already coined, how the same shall take vent and pass in payment in time coming, according to the paper of 9 June 1641.
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It is agreed to that in the approaching parliament of Scotland there shall be an act of pacification declaring that the late commotions and troubles arising from the innovations of religion and corruption of church government, by the mercy of God and the king's royal wisdom and fatherly care, are turned into a quiet calm and comfortable peace, lest either his majesty's love or the constant loyalty of his subjects in their intentions and proceedings be hereafter called in question. And that such things as have fallen out in these tumultuous times while laws were silent, whether prejudicial to his majesty's honour and authority or to the laws and liberties of the church and kingdom or to the particular interest of the subject (which to examine in a strict court of justice might prove an hindrance to a perfect peace), may be buried in perpetual oblivion, so it is expedient for making the peace and unity of his majesty's dominions the more firm and faithful, and that his majesty's countenance against all fears may shine upon them all the more comfortably, that an act of pacification and oblivion be made in the parliaments of all the three kingdoms for burying in forgetfulness all acts of hostility, whether between the king and his subjects or between subject and subject or which may be conceived to arise upon the coming of any English army against Scotland or coming of the Scottish army into England, or upon any action, attempt, assistance, counsel or advice having relation thereto and falling out by the occasion of the late troubles preceding the conclusion of the treaty and the return of the Scottish army into Scotland, that the same and whatsoever has ensued thereupon, whether trenching upon the laws and liberties of the kingdom and church or upon his majesty's honour and authority, in no time hereafter may be called in question, nor resented as a wrong, national nor personal, whatsoever be the quality of the person or persons or of whatsoever kind or degree, civil or criminal the injury is supposed to be. And that no mention be made thereof in time coming, neither in judgement nor out of judgment, but that it shall be held and reputed as though never any such thing had been thought nor wrought. And this to be extended not only to all his majesty's subjects now living but to their heirs, executors, successors and all others whom it may concern in any time to come and for that end that by the tenor of this statute all judges, officers and magistrates whatsoever be prohibited and discharged of directing of warrants for citation, processing or executing any sentence or judgment upon record or in any way molesting any of his majesty's lieges concerning the premises in all time coming. Likewise that his majesty for himself and his successors promises in the first word never to come in the contrary of this statute and sanction nor anything contained therein, but to hold the same in all points firm and stable, and shall cause it to be truly observed by all his majesty's lieges according to the tenor and intent thereof, for now and ever. And that in all time coming these determinations shall have the full force and strength of a true and perfect security, as if they were extended in most ample and legal form, providing that the benefit of the said statute shall in no way be extended to any of the Scottish prelates, or to John [Stewart], earl of Traquair, Sir Robert Spottiswood [of Dunipace], Sir John Hay [of Bara] and Master Walter Balcanquall cited and pursued as incendiaries between the kingdoms and between the king and his people, and for bribery, corruption and many other gross crimes contained in their charges, general and special; nor to any other persons who are cited and shall be found by the parliament of Scotland in his majesty or his commissioners their own hearing to be so extraordinarily guilty of these and the like crimes as they cannot in justice and with the honour of the king and country pass from them. Provided further that the benefit of this act shall not be understood to extend to the favour of thieves, robbers, murderers, broken men, sorners, outlaws nor their receivers, with reservation also of the legal pursuits and process of the Scots in Ireland for the reparation of their losses, according to justice against such who have illegally wronged and persecuted them since by one of the articles of the treaty they are appointed to be restored to their means and estate. It is also to be understood that nothing is meant hereby to be done in prejudice either of the payment of the debts owing upon promise or security by the Scottish army to any of the counties or to any person there (the same being instructed before the removal of the Scottish army) or of the arrears due to the Scottish army or to that brotherly assistance granted to them by the parliament of England. That the great blessing of a constant and friendly conjunction of the two kingdoms now united by allegiance and loyal subjection to one sovereign and head may be firmly observed and continued to all posterity, it is agreed that an act be passed in the parliament of England that the kingdoms of England or Ireland shall not denounce nor make war against the kingdom of Scotland without consent of the parliament of England; as on the other part it shall be enacted there that the kingdom of Scotland shall not denounce nor make war against the kingdoms of England and Ireland without consent of the parliament of Scotland. No ships either of the king's or freebooters or others shall stop the trade of the kingdom or hinder or harm their neighbouring kingdom without consent of parliament declaring a breach of peace, and if any armies shall be levied or trade stopped and neighbours harmed or wronged, the states of the country by which it is done to be obliged to pursue, take and punish the offenders with all rigour, and if any of the kingdoms assist, receive or harbour them, they are to be punished as breakers of the peace. And if after complaint and remonstrance to the commissioners after-mentioned and to the parliament redress and reparation be not made, then and in that case the same to be counted a breach of the peace by the whole kingdom. And in case any of the subjects of any of the kingdoms shall rise in arms or make war against any other of the kingdoms and subjects thereof without consent of the parliament of that kingdom whereof they are subjects or upon which they do depend, that they shall be held, reputed and dealt with as traitors to the states whereof they are subjects. And that both the kingdoms in the cases aforesaid are bound to concur in the repressing of those that shall happen to arise in arms or make war without consent of their own parliament. And that the way for convening forces for suppressing such as levy war be as in case of invasion, provided that this be not extended to particular quarrels upon the borders, and that it be enacted that in such case it shall be lawful for any of the subjects to convene to suppress such evil affected persons, and that each kingdom shall be bound by public faith punctually to perform this article. And if either parliament shall denounce war, they shall give three months' warning that the peace to be now established may be inviolably observed in all time to come. It is agreed that some shall be appointed by his majesty and the parliaments of both kingdoms who in the interim between the sitting of the parliaments may be careful that the peace now happily concluded may be continued, and who shall endeavour by all means to prevent all trouble and division. And if any debate or difference shall happen to arise to the disturbance of the common peace, they shall labour to remove or compose them according to their power, it being supposed that for all their proceedings of this kind they shall be answerable to the king's majesty and the parliaments. And if anything shall fall out which is above their power and cannot be remedied by them, they shall inform themselves in the particulars and represent the same to the king's majesty and the ensuing parliaments that by their wisdom and authority all occasions and causes of troubles being removed the peace of the kingdom may be perpetual to all posterity. And it is declared that the power of the commission shall be restrained to the articles of peace in this treaty, whereas it is desired that an act may be made in the parliament of England for ratifying of the treaty and all the articles thereof, which is likewise to be ratified in the parliament of Ireland (which in all the articles is comprehended under the name of England). And after the treaty is confirmed in the said English parliament and all other necessary conditions performed, the armies on both sides shall, at a certain day to be appointed for that effect, disband and remove, so that when the Scottish army shall remove from Newcastle, the English army shall likewise be disbanded and repair home to their several countries and places of residence; and the Irish army to disband before that time, that hereafter a quiet and durable peace may be kept according to the articles. And that this treaty and whole proceedings thereof may be likewise ratified in the parliament of Scotland and a firm peace established, it is desired that his majesty may be graciously pleased now to declare that the ensuing parliament of Scotland shall have full and free power as the nature of a free parliament of that kingdom does of itself import to ratify and confirm the treaty and whole articles thereof, and to receive account of all commissions granted by them, examine their proceedings and grant exonerations thereupon, and to treat, deliberate and conclude and enact whatsoever shall be found conducible to the settling of the good and peace of that kingdom. And that his majesty's commissioners shall be authorised with full power to approve whatsoever acts and statutes which upon mature deliberation shall happen to be accorded to by the estates in that behalf, and shall sit and continue without interruption or prorogation until all things necessary for that effect be determined, enacted and brought to a final conclusion, unless for better conveniency of affairs his majesty's commissioner, with the special advice and consent of the estates, shall think fit to adjourn the same to any other time, which shall in no way derogate from the full and perfect concluding of the whole premises before the said parliament be dissolved.
This whole article is assented to but in so far as concerns the days and circumstances of disbanding to be agreed upon, forasmuch as the several jurisdictions and administration of justice in either realm may be deluded or frustrated by delinquents for their own impunity, if they shall commit any offence in the one realm and thereafter remove their persons and make their abode in the other, therefore, that no person sentenced by the parliament of either nation as incendiaries between the nations or between the king and his people shall enjoy any benefit, civil or ecclesiastical, or have any shelter or protection in any other of his majesty's dominions. Likewise where malefactors and criminals guilty of the crimes mentioned in the act of parliament 1612, chapter 2 and others of that nature, and committed by Scottish men within the kingdom of England or Ireland or any part thereof are taken and apprehended in England or Ireland, that it shall be lawful to the justiciaries of England or Ireland to remand them to Scotland as the act bears. And further, if any malefactors committing crimes in Scotland, England or Ireland being duly processed in the kingdom where the crimes were committed and being fugitives and remaining in any other of the kingdoms foresaid, that the judges of either kingdoms shall be held at the instance and suit of the party offended to take and remand the criminals and malefactors to the kingdoms where the crimes were committed, and the like act to be made in Scotland, and this act would be extended as well to debts as crimes. And what further is requisite concerning this and other particulars for settling the peace in the middle shires and accelerating justice upon delinquents, both civil and criminal, is to be considered by the committee to be appointed for that effect. It is answered that such persons as shall be natives in either kingdom and shall commit any offence in the realm whereof they shall be natives, and shall afterwards remove their persons into the other, and such persons as shall be inhabitants in either kingdom and shall commit any offence in the realm where they shall be inhabitants during the time of their habitation there, and shall afterwards remove their persons into the other and shall be for that same censured by the parliament of that nation where the offence was committed as incendiaries between the nations or between the king and his people, shall not enjoy any benefit, civil or ecclesiastical, or have any protection in any other of his majesty's dominions. And that such Scottish natives incensing the king of England against the kingdom of Scotland shall be remanded at the desire of the Scottish parliament into Scotland to abide their trial and censure there, so that the same be reciprocal to both nations but other criminals and debts to be referred to the laws.
[1641/8/23]*[print] [email] [cite] [preceding] [following]
That the treaty of peace may be brought to a speedy and happy close, we did offer to your lordships' consideration the particulars following:
1. That so soon as the Scottish army shall remove out of England to Scotland, the English garrisons of Berwick and Carlisle should remove in the same way at the same time.
2. Lest malefactors who have committed theft, murder and the like crimes crave the benefit of the act of pacification and oblivion (for whom it is in no way intended) there would be exception from the said act of all legal pursuit intended or to be intended within the space of one year after the treaty against all thieves, sorners, outlaws, fugitives, murderers, broken men or their receivers for whatsoever thefts, robberies, hardships, oppressions, depredations or murder done or committed by them, and all lawful decrees given or to be given by the parliament or any commissioners to be appointed by them for that effect who shall have power to diagnose and take cognition whether the same falls within the said act of pacification and oblivion or not.
3. It is desired that the demand concerning the not making or denouncing of war with foreigners without consent of both parliaments may be agreed by the king and parliament of England which is ordinarily and universally observed in all mutual leagues which are both defensive and offensive. And because the wars denounced by one of the kingdoms with foreigners although made without consent of the other kingdom will engage them by necessary consequence or if the consideration of that proposition shall require longer time than the present condition of the important affairs may permit, and lest the speedy close of the treaty be thereby impeded, it is desired that this demand with the two other articles of the same nature, the one concerning leagues and confederations and the other concerning mutual supply in case of foreign invasion, may all three be 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.
4. It is desired that the articles concerning trade and commerce, naturalisation, mutual privilege and capacity and others of that nature already demanded may be agreed by the king and parliament of England, and namely that demand about the pressing of ships or men by sea or land, or if shortness of time and exigency of affairs may not permit the present determination of those demands it is desired that the same (except so many of them as are already agreed to by the commissioners for trade) may be remitted to the commissioners to be chosen by both parliaments, who shall have power to treat and advise thereof for the good of both kingdoms, and to make report thereof to the parliament respectively. And that the charters or warrants of the Scottish nation for freedom of shipping in England or Ireland from all customs, imposts, duties and fees more than are paid by the natives of England and Ireland granted by King James under the broad seal of England upon 11 April [1616], the 13th year of his reign, and confirmed by King Charles, 19 April [1632], the eighth year of his reign, may be ratified and enacted in the parliament of England.
5. That the extracts of bonds and decreets put upon record and registered in Scotland may have the like faith and execution as the French tabellions have in England or Ireland, seeing they are of a like nature and deserve more credit; and if this cannot be done at this time, that it be remitted to the former commission from both parliaments.
6. The manner of safe conduct for transporting the money from England to Scotland by sea or land would be agreed upon in such a way as the charges be not exorbitant.
7. The tenor of the commission for conserving of peace would be settled, together with the times and places of meetings and whole frame thereof, the draft whereof when it is drawn up in England is to be represented to the parliament of Scotland that they may make like commission and name their commissioners for that effect.
8. The parliament of Scotland does join their earnest and hearty desire and crave the parliament of England's concurrence that none be in place about the prince his highness but such as are of the reformed religion.
9. That an act of parliament of public faith for payment of the £220,000 of the brotherly assistance which is arrears may be presently framed and expedited according to the terms agreed upon.
10. It is desired that the quorum to whom the Scots should address themselves for payment of £220,000 be agreed.
11. That the order for recalling all proclamations etc. made against his majesty's subjects of Scotland be drawn up and intimated in due form and time, with the public thanksgiving at all the parish churches of his majesty's dominions.
12. It is desired that the articles concerning the castle of Edinburgh and other strengths of that kingdom may be understood to be that the same shall be disposed of for the well of the kingdom as the king and parliament shall think expedient.
[1641/8/24]*[print] [email] [cite] [preceding] [following]
1. That upon the disbanding of the Scottish army, the garrisons of Berwick and Carlisle shall be removed according to the article of the treaty on that behalf.
2. The second article is agreed according to the provision added to the act of oblivion and pacification.
3. 4. 5. 6. The third demand, concerning the making of war with foreigners, with the other two articles concerning leagues and confederations and concerning mutual supply and assistance against foreign invasion, it is agreed to be referred to commissioners to be chosen by his majesty and the parliaments. As likewise the fourth, fifth and sixth articles concerning trade, commerce, naturalisation, mutual privilege and capacity and others of that nature, and the demands concerning extracts of bonds and decreets, and the manner of safe conduct for transporting of monies from England to Scotland are all referred to be taken in consideration by the commissioners to be appointed by both parliaments who shall have power to advise and treat thereupon, and report to the parliaments respectively.
7. It is just that the tenor of the commission for conserving of peace should be agreed upon by mutual consent but the closing of the treaty not to stay hereupon but to be left to the commissioners to be named.
8. To that desire concerning such as should be placed about the prince, the king has already given a clear and satisfactory answer.
9. That there be an act of parliament of public faith for securing payment of £220,000 which is arrears of the brotherly assistance is just and order is given for it accordingly, and it shall be communicated with the Scottish commissioners that it may be a perfect security.
10. For appointing a quorum for attending the payment of the money is already moved to the parliament and will be done as is desired.
11. The 11th article is very just and order shall be given accordingly for recalling all proclamations etc. and for public thanksgiving.
12. This article for the castle of Edinburgh and other strengths of Scotland is to be settled between his majesty and the commissioners of Scotland or by his majesty and parliament of Scotland.
All which articles are assented to and approved by his majesty, with advice of the parliament of England, and by the committees of the parliament of Scotland, and are necessary for public declaration of mutual consent and for firm observation to be confirmed and ratified in the parliaments of both kingdoms.
[1641/8/25]*[print] [email] [cite] [preceding] [following]
Be it therefore enacted by his majesty, with the assent of the lords and the commons of this present parliament assembled, that the said treaty and all the articles thereof assented to as aforesaid be and stand for ever ratified and established and have the force, vigour, strength and authority of a law, statute and act of parliament. Likewise, this previously written treaty and whole articles thereof are by his majesty and the estates of the parliament of Scotland enacted and ordained to have in all time coming the full force and strength of a true and perfect security and act of the said parliament. And his majesty, for himself and his successors, does promise in the first word never to come in the contrary of this statute and sanction nor anything contained therein, but to hold the same in all points firm and stable and shall cause it to be truly observed by all his majesty's lieges according to the tenor and intent thereof for now and ever. Likewise, the parliament of both kingdoms give full assurance and do make public faith in name of both kingdoms respectively for the true and faithful observance of this treaty and whole articles thereof inviolably henceforth.
Likewise his majesty, with advice of the estates of parliament, commands the clerk of parliament to insert and register the same in the books of parliament and to give the extract of this act under his hand to [Sir John Scott of Scotstarvit], director of the chancellery, whom they command to write the same to the great seal, and the keeper of the great seal to append the great seal thereto. And declares that the same being so sealed and returned to the parliament of England is and shall be to them a full and perfect security by this their act, given at Edinburgh, 26 August 1641.
[1641/8/26]*[print] [email] [cite] [preceding] [following]
The supplication presented by [James Graham], earl of Montrose, [Archibald Napier], lord Napier and lairds [Sir George Stirling] of Keir and [Sir Archibald Stewart of] Blackhall craving enlargement upon surety being read in presence of his majesty and estates of parliament, they refused the desire of the said supplication.