[1641/8/31]¹

Instructions by the king's majesty and estates of parliament of Scotland to [John Maitland], lord Maitland

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.