[1641/8/23]¹

The propositions and articles given in by the Scottish commissioners after [John Campbell], lord Loudoun's return from the parliament of Scotland

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.