[A1641/7/12]¹

[Copy of the instructions from the parliament of Scotland to their commissioners at London]

Instructiounes from the parliament of Scotland to the commissionars at Londoun appointit be the committie of estates for the tyme anent the treattie with the Inglish commissionars from the king and parliament of Ingland

Your lordships ar authorized heirby to condiscend and aggrie by subscriptioune or uthairwayis to the articles and frame of the said treattie in so far as is contenit and set doune in the paper marked be the clerk of the parliament, his hand on the bak thairof.

It is left to your lordships the further explanatioune of the word 'goodes' in the sext demand, that it may be extendit to ammunitioune and armes or at leist alse fair as can be gottine obteaned thairanent.

When your lordships comes to debait and condiscend upon the forme and maner of removeall of the armies, it must be rememberit that as the Scotis armie comes out of Ingland to Scotland, so the Inglish garisounes of Bervick and Carleill must remove simul et semel.

Your lordships as commissioners ar heirwith injoyned by the parliament of Scotland to subjoyne to his majesties answer anent the election of officers of estate, counsell and sessioun these wordis: 'We find oure selffis not satisfied with this answer, and thairfoir leivis this article and answer to be considderit be his majestie or his comissionar and the parliament of Scotland'. Quhilkis wordis must be insert in the treattie.

Your lordships ar to intreat the parliament of Ingland to concurre with yow for obtening that demand anent the placeing of none bot these of the reformed religion about the prince, his hienes, at leist to procure so much as can be obtained heiranent.

Your lordships are to crave that the exception following may be subjoyned to the act of pacificatioune, viz: to except from the said act of pacificatioune all legall persutes intented or to be intendit within the space of yeir and day eftir the dait of the treattie aganis theives, sorneris, outlawis, fugitives, murtherers, brokine men or thair recepters for quhatsumevir thiftis, reiffis, hairshipis, oppressions, depradatiounes or murther done or committed be thame. And all laufull decreits gevin or to be gevin be the parliament or any commissionars from thame thairanent who sall have power to dignosce and tak cognitioune, whidder the same fallis within the said act of pacificatioune and oblivion or not. And gif your lordships cannot get this subjoyned or insert in the treattie, yow ar to declare to his majestie that of necessitie thair must be ane act of parliament in Scotland to this effect and of this tennor.

Your lordships are to desire that the demaund anent not making or denunceing of warre with forraigners without consent of bothe parliaments may be graunted unto be the king and parliament of Ingland. And if that cannot be obteaned, to desire that the samene with the uthair tuo articles of the same nature, viz: that concerning leagues and confederatiounes and the uthair anent mutuall supplie in caise of invasioune may be all thrie omittit in the treattie and remitted to commissionars to be chosine be bothe parliaments, who sall have power to treat and advyise thairupon for the gude of bothe kingdomes, and to report to the parliaments respective. And gif this reference cannot be aggried unto without mistakingis, your lordship ar to let the saidis tuo last articles stand as they ar aggried unto in the treattie. And to desire in place of that required be the Inglish to be omitted, thair may be insert first that the king and parliaments of ather kingdomes sall not denunce or mak warre with forraigners without consent of the uthr unles upon urgent necessitie. Secondlie, if they salbe urged to denunce or mak warre, the king and the kingdome who sall denunce and mak the warre with forraigners salbe obleist to intimat and mak knawine the samene without delay eftir thair first resolution thairof to the uthair kingdome, that they may be upon thair guard for thair shipis, trade and guidis abroad and for thameselffis at home. Thridlie, they most be obleist with the said intimatioune to shaw the ressones and grundis of thair denuncing or making warre to the uthair kingdome, that eftir consideratioune thairof they may resolve whidder to joyne or not in the forraigne warre. Fourtlie, the Inglish shipis (alsuell his majestie shipis as anie uthair shipie of Ingland) must fortifie, assist, supplie and defend anie Scottish shipis sall cum in danger by reasone of anie warre to be denuncit and maid be the king and kingdome of Ingland.

Your lordships ar to urge furder that the articles anent trade and commerce, naturalizatioune, mutuall capacitie and uthairs of thair nature alreddie demandit may be yeildit unto be the king and parliament of Ingland, and namelie that demand anent the pressing of shipis and men, bot more especiallie that anent the pressing of men be sea or land. And if the samene cannot be gottine grantit, ye ar to desyre that the samene may be altogidder deleit out the treattie or uthairwayis remittit to some select commissionars from the parliaments who sall have power to treat and advyis fur the good of bothe kingdomes, and to report to thair parliaments respective.

Your lordships ar lykwayis to remember that the dewteis payit for convoy of Scottish shipis be cleired onlie to be convoy money, and the lyke as the Inglish payis for convoy money quhen the convoy is required. And that if anie who sall pay convoy money and be takine sall have the lyke redress as the Inglish have. And if this cannot be obtenit as it is set doune, to be omittit or remittit as is before exprest.

Your lordships ar to urge that the registerat bandis and decreitis in Scotland may have the lyik faith as the Frenche tabelliounes in Ingland or Ireland have, seing they ar of a lyke nature and deserves more credite. And if this cannot be obtenit as it is heir set doune, to remitt the samene to the formar commissioune.

Your lordships ar to condiscend with the parliament of Ingland anent the maner of saife conduct for transporting of the money to Scotland be sea or land in suche a way as that the charges be not exorbitant and may be presentlie knawine.

Your lordships ar to remember that the tennor of the commissioune for conserving of peace must be condiscendit unto, togidder with the tymes and place of meitting and whole frame thairof, the draught quhairof quhen it is drawin up in Ingland and representit to the parliament of Scotland they will tak the samene to consideratioune and name thair commissionars for that effect.

Item, your lordships ar to deall for the persones named in this supplicatioune markit with the said clerks hand and for all uthair of the lyke conditioune who have bene oppressed with the high commissioune or officialls in Ireland before or eftir the pressing of the oathe, that they may be restorit to thair guidis and repaired of thair loisses, quhairin your lordships ar to doe alse much as can be.

Your lordships ar to desire that the meaning of the article anent the castell of Edinburgh and the uthair strenthis of the kingdome may be understood to be that the same salbe disposed for the well of the kingdome as the king and parliament sall think expedient. And if yow cannot get these wordis anent the fundatioune altered in the treattie, yor lordships ar to represent the same to his majestie that it may be takine to consideratioune be his majestie or his comissionar and the parliament of Scotland.

Sic subscribitur: 24 July 1641, Burghlie, preses, I[n] p[raesentia] d[ominorum] parl[iamenti]