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Report made to the estates of parliament of the kingdom of Scotland by their commissioners after their return from the king's majesty out of Holland
We have from time to time, as occasion offered, given your lordships and the committee of estates a particular account of our diligence and of the progress of these affairs which it pleased your lordships to entrust us with, which had been done more frequently if the passage had not been so difficult and uncertain that we could not get our papers conveyed to your lordships with that speed which we desired. And although our former papers do bear much of the report, yet that the parliament may have at once a recent and entire review of the whole business together, we shall shortly resume the substance of what has been at several times communicated, and the papers which have not as yet been transmitted to your lordships' hands will make known the rest.
According to our additional instructions of 15 March, finding that James Graham, [earl of Montrose] was about the king, we did by a paper of 27 March desire that he might be removed from his majesty's person and court as one who had been deservedly forfeited by the parliament and excommunicated by the church of this kingdom, which, when we had pressed once and again, his majesty returned this answer: that he was resolved to consider the whole that we had to propose before he declared his resolution upon any part.
Although we were sorry to receive this answer, yet being loath upon this ground to break off (laying that desire aside for the time), we did proceed, and in three propositions offered to his majesty the substance of those things which we were warranted by your lordships to demand: the first whereof was that his majesty would by his oath, under his hand and seal, allow the covenant and the Solemn League and Covenant, and oblige himself to prosecute the enemies thereof in his royal station; secondly, that he would ratify all acts of parliament enjoining the Solemn League and Covenant and for settling presbyterial government, directory of worship, confession of faith and catechism as they are already approved by the general assembly and parliament of Scotland and would assent to acts of parliament enjoining the same in England, and observe the same in his own practice and family, and never make opposition thereto; thirdly, that his majesty would agree that matters civil should be determined by this present and subsequent parliaments of this kingdom, and matters ecclesiastical by the general assemblies of this church, as his royal father did formerly grant. These propositions were pressed with the best reasons we could, both from the justice and necessity of the matter, and from the advantage that would arise to his majesty's affairs upon satisfaction given thereto, which, for brevity, we forbear to repeat.
Instead of an answer, his majesty returned a paper containing these three queries: first, whether the papers already presented did contain all that we had to propose; secondly, whether we had any power to recede from any thing therein, or were bound to proceed thereupon in terms as they stood; thirdly, whether we had any propositions to make toward the advancement of his service for his restitution to his other kingdoms and bringing the murderers of his father to justice.
And considering that these queries were moved with purpose to obstruct all agreement and to cause and increase jealousies and differences between his majesty and us, we offered by conference to show that these queries were materially answered in our paper of 20 April, and therefore entreated his majesty not to proceed in these or in similar queries, for the moving of them tended greatly to the prejudice of his own affairs at this time. But his majesty finding that conference could not be so well transmitted to his counsel, he insisted in the same, so that we were necessitated to make it appear by writing that they had been answered in that our former paper. As to the first, we answered that we were not to propose anything further unless we were commanded by the parliament or their committee. To the second, our desires proposed were so just and necessary for securing of religion and the peace of this kingdom that we could not in reason recede from the matter contained in them (which being retained) we were not to stand with his majesty upon words or terms. And to the third, we replied that the granting of these desires would make his majesty's good people do all for him that could be expected of faithful and loyal subjects to their gracious king and particularly would make them contribute their utmost endeavours that his majesty might be restored to the possession of his just right of government of his other dominions.
And when as yet his majesty seemed not satisfied, and did especially resent that in these answers nothing was expressed of our sense of the murder of his father, nor was any thing offered to bring the actors thereof to justice, we did by another paper clear our former answers, and did much regret that our sense of that horrid fact against the life of our late sovereign should be called in question, since the parliament, by their commissioners at London, had declared to the world how much they did abhor and detest the very design thereof, all which, with unanimous consent, was allowed and approved in parliament.
And finding that his majesty did all this while defer to give a direct or positive answer to the propositions, we did by another paper of 11 May, with all the freedom and faithfulness we could, press his answer, and did represent to him the great danger and disadvantage which would inevitably ensue upon his delaying or refusing to give the satisfaction desired by this kingdom.
Whereupon his majesty gave us this paper of 29 May. After consideration whereof, we did represent to his majesty how grievous that answer was to us, and how unsatisfactory it would be to your lordships, and therefore forbearing to proceed upon particulars, we entreated his majesty to take the same again into consideration. To which his majesty was pleased only to return this general answer, by which your lordships may perceive his majesty's purpose of sending an express here for your further satisfaction.
In pursuance of our trust there did many things occur in conference which cannot fitly be now repeated, in which, according to our duty, we left no means or arguments untried, that his majesty might apply himself to the counsels of his parliament, in which we did express how much affection and loyalty your lordships did bear to his royal person and government, whereof we shall be ready to make a more full relation when it shall please your lordships to require it. Although we have not had as yet such satisfaction as both your lordships and we did wish, yet we do not despair since affairs are left in that condition that further progress may be made thereupon by the express which his majesty is to send here, or by new applications to his majesty, as your lordships shall think fitting.
We have had so many experiences and proofs of the good hand of our God with us to this day, that (although our difficulties be many) we were of all people most unthankful if we should now faint or cast away our confidence in doing of our duty,. We may hope that he will yet assist and go before us and as all possible and lawful means would be still used for gaining from our sovereign king a gracious answer to our desires, so should we not in the meantime become secure but employ all warrantable means for preserving religion and the kingdom in safety.
14 June 1649 - [John Kennedy, earl of] Cassilis; [Alexander Brodie of] Brodie; George Winram [of Liberton]