[1644/1/42]¹

Procedure: commission and instructions to the lord chancellor

Commission to [John Campbell, earl of Loudoun], lord chancellor

Whereas this kingdom (after all other means of supplication, remonstrance and sending of commissioners to his majesty have been used without success) is entered into a Solemn League and Covenant with the kingdom and parliament of England for reformation and defence of religion, the honour and happiness of the king and the peace and safety of the three kingdoms of Scotland, England and Ireland, and a treaty agreed on and an army raised and sent out of this kingdom for these ends; and the estates of this kingdom presently convened, being still desirous to use all good and lawful means that truth and peace may be established in all his majesty's dominions, and that without the effusion of more blood there may be such a blessed pacification between his majesty and his subjects as may serve most for his majesty's true honour and the safety and happiness of his people, they do therefore give full power and commission, express bidding and charge to John, earl of Loudoun, lord high chancellor of this kingdom, John [Maitland], lord Maitland, now in England, Sir Archibald Johnston of Wariston and Mr Robert Barclay to proceed with all diligence to the kingdom of England, and with power to them, or any two of them, to endeavour the effectuating of the aforesaid ends and all such other matters concerning the good of both kingdoms as are or shall be from time to time committed to them by the estates of this kingdom or committees thereof, according to the instructions given or to be given to them, firm and stable holding and to hold all and whatsoever things they shall do according thereto.

Instructions from the convention of estates to John, earl of Loudoun, lord high chancellor of this kingdom, John, lord Maitland, Sir Archibald Johnston of Wariston and Mr Robert Barclay, or any two of them.

1. You shall labour by all means with the parliament and their committees that the covenant may be sworn and subscribed throughout the whole kingdoms of England and Ireland.

2. You shall concur with and assist the commissioners of the kirk for bringing the churches within their kingdoms to the nearest unity and conformity in religion and church government, and for extirpation of popery, prelacy, superstition, schism, heresy and profaneness, as is expressed in the covenant.

Seeing both kingdoms are now joined in one common cause and covenant and their safety consists under God in their joint counsels and endeavours, you shall assure in name of this kingdom our constant resolution with our lives and fortunes to stand to the defence thereof; and as our taking of arms is for the establishing of religion and liberty in both nations, so shall you signify that these being obtained, it is still our earnest desire that by the joint advice of both kingdoms all good means may be used for procuring such a happy pacification between his majesty and his people as may serve most for the glory of God, his majesty's true honour and their prosperity. And for the better effecting hereof, you shall by all means strengthen the happy union now begun and maintain the mutual confidence and correspondence between the kingdoms, between their committees and between their armies, and to prevent all jealousies and mistakes which may arise through their misapprehension or the suggestion of our common adversaries; and to this end, you shall encourage the hearts of the well-affected, and by your advice endeavour to prevent or remove any overtures or motions from enemies or neutrals to the prejudice of the covenant or treaty and common cause of both kingdoms.

3. You shall by all means endeavour to hasten down to the army the money already due or what shall become due from time to time, according to the treaty.

4. You shall advise and direct Thomas Cunningham and John Johnston in giving of the public faith of this kingdom for the monies, victual and other necessary provision which they shall receive and send down to the army.

5. You shall do your utmost endeavours to procure the timely accomplishment of the propositions sent up to the parliament from both committees concerning our army in Ireland, and the payment of the bills of exchange that have followed thereupon.

6. You shall deliver the declaration agreed on here to be emitted in the name of both kingdoms and condescended to the publishing thereof (unless there be material alterations thereof made prejudicial to the interest of this kingdom), and you shall advise and consult with our brethren what further may be necessary to go from both kingdoms for information and correspondence with other nations, and draw the same up, with any other propositions which shall be thought necessary for the maintenance of our army in England or for remonstrances, declarations or petitions to the king's majesty and answers to declarations or propositions sent from his majesty concerning the present troubles to be presented to and agreed upon by the houses of parliament in England and the committees of the estates of Scotland, without whose particular warrant you shall conclude nothing.

7. You shall be careful to effectuate the particular desires and instructions that shall be sent to you from either of the committees at Edinburgh or the army, and to send back to them frequent advertisements of all your proceedings and of all concurrences that may concern the cause, and that both by sea and land.

8. You shall make known how aware this kingdom is of the sufferings of [William Kerr], earl of Lothian, who was by his majesty's warrant employed in the public service of this kingdom, and endeavour by all good means for his release, that he may return with freedom and safety to this kingdom.