[1644/1/2]¹

Legislation

Act in favour of [William Kerr], earl of Lothian

Forasmuch as the lords of privy council having by their letter in September 1642 humbly represented to his majesty the sufferings and losses of his subjects of this kingdom by the infringement of these ancient privileges and liberties they formerly (upon honourable causes) enjoyed in France, and his majesty being most willing to have all his Scottish subjects restored thereto, and by his royal warrant of 10 October last² authorised and allowed the lords of his privy council to appoint such as they should think fit to deal with those who should be warranted by the French king, that all his subjects might be restored to the former privileges and enjoy the same in time coming without diminution, as the said warrant under his majesty's royal hand and seal at length bears. And the lords of council being thus warranted and being careful and solicitous for renewing, strengthening and confirming the ancient alliance between the kingdoms, and for recovery of the privileges and immunities of his majesty's Scottish subjects, and having good proof and experience of the affection and abilities of the earl of Lothian, one of their own number, did upon 1 December thereafter make choice of him for negotiating of that business, and by their letter of 8 December recommended him and his employment to his majesty. And the said earl having accordingly (after he had shown and made known his commission and instructions to his majesty) gone by his majesty's warrant into France, he having discharged that trust committed to him, he returned to give an account of his employment to his majesty and his council of this kingdom, according to his commission; and the council being still expecting his return, instead thereof they were surprised by a petition given in to them by [Anne Kerr], countess of Lothian showing that the said earl was restrained at Oxford, whereupon they took occasion to represent to his majesty the said earl's condition and employment, warranted as said is with the interest of all kingdoms in the freedom and safety of the commissioners, whether sent by subjects to their own king or from one kingdom to another; and that by the fundamental laws of this kingdom and practices of former times, the said earl ought to be tried and judged at home in a legal way by the ordinary judicatory if he had committed anything worthy of censure (as it is hoped he has not), and therefore did earnestly entreat for his liberty. Which letter we delivered to his majesty in November last, yet so prevalent are the malicious suggestions of the avowed enemies of this nation and peace thereof that not only is his restraint continued, but is also committed to close prison, guards of soldiers set about him and many other indignities done to him. And the convention of estates of this kingdom being now met and taking into their consideration the warrant of the said earl's employment, with his present condition, and being confident of his integrity in discharge of that trust put upon him and truly aware of his sufferings (being now the sufferings of this whole kingdom) occasioned thereby, do declare and acknowledge before the world that they are obliged by the law of God and nations to use all means to the utmost of their power for the liberty of the said earl, and that no articles nor treaty of peace shall be treated on or concluded without his full release; as also that not only the whole charges and expenses sustained by him or his lady or any others necessary to him shall be paid by this kingdom upon their declaration under their hand, but also that this kingdom shall make up whatever prejudice, loss or hurt shall ensue to him, his estate or family through occasion of this restraint.