The king's majesty having seriously recommended this his manifest to the consideration of the estates of parliament of this his majesty's ancient and native kingdom, they, after mature deliberation, do unanimously approve the same and his majesty's pious and just resolutions therein expressed, and with most hearty affections, answerable to the nearness of their interest in that princely family of the Elector Palatine, declare that in case his majesty does not prevail, by this present treaty they will join and concur, by the advice and assistance in a parliamentary way, in the prosecution of his majesty's designs for his honour and the advantage of his royal sister and nephews who are descended of that royal stem which by the succession of 108 kings has swayed the sceptre over this kingdom. And the king's majesty and estates foresaid ordain the said manifest to be printed and this act to be subjoined thereto.
[1641/8/29]*[print] [email] [cite] [preceding] [following]
The which day [John Elphinstone, lord Balmerino], president of parliament, declared that the procurators of estate show that this was the day of compearance to which the Lord Napier and lairds of Keir and Blackhall were cited and that they behoved to compear personally. Whereupon the estates gave warrant to bring them from the castle and ordained that same order and place to be kept in their appearance as was when [James Graham], earl of Montrose did appear. As also ordained their summons to be continued to 8 September next, with continuation of days. Likewise [Sir Thomas Hope of Craighall], his majesty's advocate, Sir Thomas Nicolson and procurators for the estate asked instruments upon the production of the three separate summons, precepts and warrants granted by the estates of parliament to them for raising of the said summons, precepts and execution of the same.
Thereafter compeared the Lord Napier, lairds of Keir and Blackhall personally in the place appointed, who, after calling of them publicly, acknowledged that this was the day of their compearance. And thereupon [John Elphinstone, lord Balmerino], president of the parliament, intimated to them that the parliament had continued their summons to 8 September next, with continuation of days, whereupon the procurators of estate asked instruments. Sir Thomas Nicolson craved his name should be deleted off the warrant in respect he was one of the committee who were judges and so he cannot now be advocate to this. The procurators of estate answered that they opposed the act of parliament standing to which the parliament adhered.
[1641/8/30]*[print] [email] [cite] [preceding] [following]
The which day the instructions from the king's majesty and parliament of Scotland to [John Maitland], lord Maitland regarding the disbanding of the English army and garrisons of Berwick and Carlisle being publicly read in audience of the king's majesty and estates of parliament, the same were agreed to and ordained to be delivered to the said Lord Maitland that accordingly he may see the English army and garrisons foresaid disbanded, of the which instructions the tenor follows:
[1641/8/31]*[print] [email] [cite] [preceding] [following]
You shall show to the general of the English army that it is agreed to by the treaty that after the same is confirmed in the English parliament and all other necessary conditions performed that armies on both sides shall at a certain day to be appointed for that effect remove and disband, 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 their residence, and the Irish army to disband before that time, that hereafter a quiet and durable peace may be kept, according to the articles. Likewise the Scottish army did remove from Newcastle upon 21 August [1641], being the day agreed, and were out of England by 25 August.
You shall therefore require whether the English army be removed and disbanded at the day foresaid, according to the treaty, and you shall demand that the remainder of the English army (if they be not totally disbanded already) may, both foot and horse, forthwith disband and repair home to their several countries and places of their residence.
You shall try where any regiments, troops or companies lie and send to the places whether they are quartered and try who are their commanders and their numbers and the times appointed for disbanding of them, and the assurance of their removing at that time.
If it shall be alleged by the general that the part of the army which is not disbanded is kept up for want of money, you shall send the letter you have to the English commissioners and show the general that there is no such exception in the treaty for keeping up the army or any part thereof upon want of money or upon any cause or pretence whatsoever; but as we have punctually performed our part of this condition, if they do not forthwith disband they will be the cause of putting us to unexpected charges if we shall thereby be forced to hold on foot any part of our army.
You shall show that it is agreed in the treaty that the garrisons of Berwick and Carlisle shall be removed and disbanded presently and the fortifications reduced to the same condition they were before the late troubles, and that the works be not repaired but suffered to decay, and that the ordinance and ammunition be removed. You shall therefore accordingly demand the present performance thereof, and that the general will give present order to the governors of Berwick and Carlisle to remove the garrisons and disband at a certain day, that we may upon assurance thereof disband such forces as we have upon the borders according to the treaty. That the general give likewise present order to take down any new works or fortifications at Berwick and Carlisle that they may be reduced to the same condition they were at before the late troubles, and that the ordinance and ammunition be presently transported, the performance of all which is confidently expected according to the treaty.
If the Lord Maitland meet with the English commissioners by the way to enquire of them the estate of the English, and if it be not in such estate as is agreed upon by the treaty, that his lordship may crave a letter from the commissioners for informing the English commissioners at London relating thereto, in such terms as his lordship thinks fittest. And also that the Lord Maitland stay at York until the English army be totally disbanded or upon his lordship's information of the estate thereof, upon his own advertisement he may be recalled or reclaim further order from the king and parliament.