The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 19 September 2024
Legislation
Act anente the ratificatione of the articles of the treattie superscryveit be the king and subscryveit be the president of the parliament
Oure soverane lord and estates of parliament ratifies and approves the articles of the large treatie concerneing the establishing of the peace betuixt the kingis majestie and his people of Scotland and betuixe the tuo kingdomes of Scotland and Ingland, and for his majestie and his successoures perpetuallie confirmes the same, ordeaneing the same in all tymecomeing to have the full force and strenth of perfyte securitie, lawes and actes of parliament. Lykeas his majestie for himselfe and his successoures promeiseth in verbo principis never to come in the contrarie therof for any thing therinconteened but to hold the same firme and stable, and shall cause it to be trewlie observed by all his majesties leiges according to the tennour and intent therof for now and evir, wherof the tennour falloueth:
Wheras by his majesties royall wisdome and princelie cair of the peace and happines of his majesties dominiones a treatie heath beene appoynted for removeing of all differences raised betuixt the tuo kingdomes and betuixt the king and his subjectis of Scotland, and for setling and assureing a firme and blissed peace for all tyme to come; and a commissione heath bene givine wnder the great seale of Ingland with approbatione of both houss of parliament beiring dait the 23 of November in the sexteene yeir of his majesties rigne and in the wordis falloweing:
Charles, by the grace of God, king of Scotland, Ingland, France and Ireland, defender of the faith etc., to our right trustie and right weellbeloved cousines Frances, erle of Bedfoord, Williame, erle of Hartford, Robert, erle of Essex, and to our right trustie and right weellbeloved cousin and counsellour Williame, erle of Salisberrie, and to our right trustie and right weellbeloved cousin Robert, erle of Warwicke, and to our right trustie and right weellbeloved cousin Johne, erle of Bristoll, and to our right trusty and rycht weellbeloved cousen and counsellour Henry, erle of Holland, and to our right trustie and right weellbeloved cousine and counsellour Thomas, erle of Berkis, and to oure right trustie and weellbeloved Philipe, lord Whartoun, William, lord Paget, Edward, lord Kimbaltoun, Robert, lord Brooke, Johne, lord Paulet, Edward, lord Howard of Estrike, Thomas, lord Savile and Francis, lord Dunsmore, greeting.
Wheras diveris of our subjectis of Scotland have by ther severall petitiones humbly besought ws that we would be gratiously pleased to grant wnto them certane demandis, we reposing especiall trust and confidence in your great wisdomes and fidelities have named, assigned and appoynted yow, and by these presentes doe name, assigne and appoynt yow to be oure commissioneris and doe heirby give and grant wnto yow, or any ten or more of yow, full pouer and authoritie to treate with Johne, erle of Rothes, Charles, erle of Dumfermeling, Johne, lord Loudoune, Sir Patrike Hepburne of Wauchton, Sir Williame Douglas of Cavers, Williame Drummond of Ridcartoun, Johne Smyth, baillie of Edinburghe, Alexander Weddirburne, clerke of Dundie, Hew Kennedy, burges of Air, Alexander Hendersone and Archbald Johnestone, or any of them or any other deputed or to be deputed by our said subjectes of Scotland or nominated one ther behalfe, and to take into your serious consideratione the said demandis, and compose, conclud and end all differences arysing therwpon or wtherwayes as yow, or ony ten or more of you, in your wisdomes shall thinke fit, and whatsoevir yow our commissioners afoirsaid, or any ten or more of yow, shall doe in the premiss, wee doe by these presentes ratifie and confirme the same. In witness wherof, we have caused these our lettiris to be mad patentes, witness ourselfe at Westminster, the thrie and tuentieth day of November in the sexteine yeir of our rigne.
Per ipsum regem.
And in lykmaner, a commission hath bene granted by the committies of the parliament of Scotland bearing dait the last of October and the fourt day of November 1640, and in the wordes fallouing:
Wee, the commissionaris of the parliament of Scotland, being a full nomber of both the quorums therof wndersubscryveing, forsomuch as the kingis majestie our dread soveragne heath beine gratiouslie pleased wpoun our humble supplicationes to appoynt a treatie and conference at Rippon betuixt our commissionares chosine and sent by ws for that effect and a nomber of the peeres of England, who accordinglie met and have accordit wpoun certane articles asweell anent the mentinance of our army as anent the cessatione of armes dureing the treattie; and because the tyme for the ensueing parliament of England could not permitt the treatty to come to the wished conclusione, there his majestie was lykewayes gratiouslie pleased to transferre the said treattie to Londoune wher the said parliament is to hold that there these entrusted by his majestie and estates of parliament may have the bettir tyme and place to treat and conclud theranente. Thairfore we, the said commissioneris, being a full nomber of both quorumes therof, wndersubscryveing, by vertue and conforme to the commission granted to ws by the estates of parliament, doe not only approve the said articles allreddie agried upoun and subscryved by our said commissioners at Rippone, bot also doe by these presentes give full pouer, warrant and commissione to Johne, erle of Rothes, lord Lesly etc., Charles, erle of Dumfermling, lords Wrquhat and Fuby etc., Johne, lord Loudoun, Sir Patrike Hepburne of Wauchtoune, Sir Williame Douglas of Cavers, Williame Drumond of Riccartoun, Johne Smyth of Edinburghe, Maister Alexander Weddirburne of Dundie and Heughe Kennedy of Air as memberis of the estates of parliament, and becaus many thingis may occurre conserning the church and assemblies therof, therfor, besydis these of the estats, we nominat and appoynt Maister Alexander Hendersone and Maister Archbald Johnestoun whom we adjoyne for that effect, with pouer to them (or any seavine of them, ther being allwayes tuo of everie estate) to pas to the said city of Londoun and there, or at any other place convenient (mutually to be agried upoun), to meet and conveene with ony who shall be appoynted by his majestie and estates of parliament of England for the foirsaid treattie giveing, granting and committing, lykeas wee be these presentes gives, grant and commit to them in maner foirsaid full pouer, warrand and commissione to treat, consult, advyse, determine and agree asweell anent the satisfieing and granting of our demandis as in obteaneing and securing a setled peace for all tymecomeing, conforme to the instructiones givine to them heir with or which shall be sent to them heireftir by ws or any one of the said quorums at the campe or Edinburgh theranent; with pouer to them as said is to doe everie thing which may conduce for the bettir and easier obteaneing of our said demandis and establishing a setled peace, conforme to the said particular instructiones in such lyke maner as wee mycht doe if wee ware all personallie present our selfis in full nomber, promeising to hold firme and stable all and everie thing our said commissionaris in maner foirsaid shall doe in the premiss, conforme to the said instructiones. And incaise it shall be fund expedient or necessary to ad any more commissioneris to the foirsaid persones, these who shall so be sent authorized wnder our handis or the full nomber of any of the said quorums, shall have a lyke power and commissione by vertue of these presentes with the foirnamed commissionars in suchlyke maner as if ther names war particularlie exprest heirin. In witness wherof, thes presentes are subscrivit at Newcastle and Edinburgh, the last of October and fourt of November 1640. Sic subscribitur:
- Rothes
- Montrose
- Cassillis
- Lothian
- Lindesay
- Ballmerino
- Naper
- Burghly
- James, lord Couper
- Thomas Hope
- Riccartoun
- Caprintoun
- Gaitgirth
- Dundas
- Edward Edger
- Richard Maxwell
- James Scot
- Porterfield
- Hume
- Hammiltoune
- Mr William More
- James Suord
- Hew Kennedy
- Rutherfoord
And forsomuch as by vertue of the said commissione the commissionaris therin authoreized have treated and by the assistance and blissing of God have agried upon the headis and articles falloweing:
[1641/8/21]1
Articles of the large treatie conserneing the establishing of the peace betuixt the kingis majestie and his people of Scotland and betuixte the tuo kingdomes agried upon by the Scottishe and Inglishe commissioneres at the citie of Westminster, the sevinthe day of August 1641
The Scottishe commissionares (haveing givine in the declaratione falloueing viz: Wee doe still in all loyalty as becomes humble and dutifull subjectis acknowledg our dependence wpoun his majestie as our dread soveragne whither his majestie live in Scotland or England and shall allwayes and in all thingis witness our highe respectis and best affectiones to the kingdome and parliament of England according to the strong bandis of nature and religion by which the tuo kingdomes are joyned wnder one head and monarch, yit as wee are fullie assured that the kingdome and parliament of England is for the present far from any thought of wsurpation over the kingdome and parliament of Scotland or ther lawes and liberties, so for the preventing the miswnderstanding of the posteritie and of strangers and for satisfieing the scruples of otheris not acquanted with the nature of this treatty and the maner of our proceedings which may aryse wpoun our comeing into Ingland and oure treating in tyme of parliament, wee doe by these declaire and make knowne that nather by our treatie with the Englishe nor by seekeing our peace to be established in parliament nor any other actiones of oures doe we acknowledge any dependencie upoun them or make them judges to ws or our lawes or any thing that may import the smallest prejudice to our liberties, bot that wee come in a free and brotherlie way by our informationes to remove all dowbts that may aryse conserneing the proceedingis of our parliament, and to joyne our endevoures in what way may conduce for the good and peace of both kingdomes no otherwayes then if by occasion the king, his residence in Scotland, commissioneris in the lyke exigence should be sent thither from England) did demand that his majestie would be gratiously pleased to command that the actes of the lat parliament may be published in his heighnes name as our soverane lord, with consent of the estates of parliament convened by his majestie authoritie. Wherunto it is ansured and agreed that forasmuch as the kingis majestie at the humble desyre of his subjectis did call and conveene a parliament to be holdine at Edinburghe the second of June 1640, wherin certane actes ware mad and agried wpon, which actes his majestie (for the peace and good of his kingdome) is pleased to publishe in his owne name, with consent of the estates, and therfore commandis that the saidis actes beiring dait the ellevinth day of June 1640 be published with the actes to be mad in the nixt sessione of the same parliament, and that all the said actes, asweell of the precedent as of the nixt sessione to be holden, have the strenth in all tymecomeing of lawes, and to be universally received and obeyed by all the subjectis of the kingdome of Scotland. His majestie doeth in the word of a king promeise the publishing of the said actes in such sort as is abovespecified. As for the maner of publishing the said actes, his majestie approves that the declaratione of the estates in the begining of the actes and the conclusione at the end may be past in silence at the publishing of the actes and lefte out in the prented copies. And if any thing shall further occure concerneing the maner of publishing of the saidis actes, his majesties commissioner may then offer it to the estates to be considered of, his majestie being most assured that the estates of parliament will have a greate cair not to suffer his majesties authoritie to be prejudiced in the manageing of these great effaires. Tertio Decembris 1640.
The second demand that the castle of Edinburghe and other strenthes of the kingdome should, with the advyse of the estates of parliament, according to ther first foundation be furnished and used for defence and securitie of the kingdome, is agreed unto.
The third demand that Scottishe men within his majesties dominiones of England and Ireland may be freed from censure for subscryveing the covenant and be no more pressed with oathes and subscriptiones wnwarranted by ther lawes and contrair to ther Nationall Oath and Covenant approved by his majestie, it is therunto ansuered and agreed in his majesties name, the 8 December 1640, that as his majestie heath granted your first and second demandis, so doe we, in his majesties name, ansuer to the third that all these who in his majesties dominiones of Ingland or Ireland have beene imprisoned, foirfaited or censured ony other maner of way for subscryveing of the covenant or for refuising to take any other oath contrarie to the same shall be freed of ther censures and shall be fullie restored to ther liberties, estates and possessiones. And for tymecomeing that the subjectis of Scotland as subjectis of Scotland shall not be constraned to any oath contrarie to the lawes of that kingdome and the religione there established, but such of the kingdome of Scotland as shall transport themselves into the kingdomes of England and Ireland and ther be setled inhabitantes, aither be way of haveing inheritance or free hold or by way of trades (by which the way of the trading of the factors of merchantes, nor of merchantes themselves is not to be wnderstood), shall be subject to the lawes of England or Ireland and to the oathes established by the lawes and actes of parliaments in the said kingdomes respectively wherin they live and have ther ordinarie and constant residence and noe otherwayes. And the Inglishe and Irishe shall have the lyke priviledge in Scotland. 8 Decembris 1640.
To the fourt demand craveing that his majestie may be gratiouslie pleased to declair, as ane act of royall justice serving much to his owne honnour for the establishing of this throne and for the good and peace of both kingdomes, that whosoevir shall be fund wpoun tryell and examinatione be the estates of either of the tuo parliaments (they judgeing aganes the persones subject to ther owne authority) to have beene the authores and causeris of the late and present troubles and cumbustioun, whither by laboureing to make and foment divisione betuixt the king and his people or betuixt the tuo nationes or ony other way, shall be lyable to the censure and sentance of the saidis parliaments respective, conforme to the paper of December 9 1640. It is ansured upoun the ellevinth of December 1640 that his majestie beliveth he heath none such about him and therfor conserneing that poynt he can make no other declaratione then that he is just and that all his courtes of justice are free and open to all men, his parliament in this kingdome is now siting and the current parliament of Scotland neir approaching the tyme of there meiting, to either of which he doeth not prohibite any of his subjectis to present ther just grivances and complaintes of whatsoevir natur, each medling and judgeing againes the persones subject to ther owne authority, 11 Decembris 1640. It is further ansuered upoun the said ellevinth of December 1640 to your fourt demand conserneing incendiaries that his majestie beliveth he heath none such about him, therfore conserneing that poynt he can make no other declaration then he is just and that all his courtes of justice are to be frie and open to all men, his parliament in this kingdom is now siting and the current parliament of Scotland neir approaching the tyme of there meiting, in either of which respectiv he doeth not prohibit the estates to proceed in trying and judgeing whatsoevir of his subjectes. And wheras it was further demandit that as his majestie would not hinder any of his subjectes to be tryed and judged by the parliament so that none efter the sentance of the parliament should have acces to his majestie or be menteined and enjoy places or offices and have credit and authoritie to informe and advyse his majestiie, conforme to the paper of December 23 1640, it is declaired in his majestie name wpon December 30 1640, besydis his majestie former ansueris, his majestie heath commandit ws to declair in his name that he will not employ any persone or persones in office or place that shall be judged incapable by sentance of parliament; nor will he make wse of ther service without the consent of parliament nor grant them acces to his persone, wherby they may interrupt or disturbe that firme peace which he now so much desyreth, he being confident they will proceed in a fair and just way and (according to ther severall professiones) with that respect to his honnour which in reasone he may expect from good and duetifull subjectis. 30 December 1640.
The fyfte demand that ther shipis and goodis and all damnage therof may be restored is condiscendit wnto and to be reciprocall that all shipis and goodis takine at sea or stayed in portes with damnage be restored one both sydis, and that sum summarie course be agried upon for the performance therof wpoun the demandis of the particularis one both sydis, conforme to the paper of December 30 1640. And further it was agried upoun the 7 January 1641, stilo Scotico, that all shipis takine and stayed should be reciprocally restored one both sydis, and that the Scottishe commissioneris, haveing informed that about fourscoir shipis of Scotland are yit stayed in the portes and are lyke to suffer muche more hurt, losse and damnage if they shall not be delyvered into some handis who may have caire of them, it is agreed for the more speedie expeditione of the Scottish shipes, and that the owneris therof be not longer damnified by the want of them, that warrandis shall be presentlie granted for delyverie of all ther shipis. And that four thousand pundis be presentlie advanced for cauking, sailles, cordage and other necessaries for helping the present seting forth of the said shipis. And for the rest of thir article, when it shall come in the sext demand, it shall be agried unto. 7 Januarii 1641 stilo Scotico.
To the sext demand conserneing the loss which the kingdome of Scotland heath susteened, and the vaste chairges they have bene put wnto by occasione of the late troubles and the reparation desyred from the justice and kyndnes of the kingdome of England towardis releefe therof, in maner and wpoun the ground exprest in the paper of the 7 of Januarii 1641, stilo Scotico; it is ansuered that this house thinkis fit that a freendly assistance and releefe shall be givine towardis supplie of the losses and necessities of the Scotis, and that in due tyme this house will take into consideratione the measure and maner of it conforme to the paper, 12 Januarii 1641, stilo Scotico. And further, the parliament upoun the third of Februarii did declaire that they did conceive that the soume of thrie hundreth thousand pundis is a fit proportione for the freendlie assistance and releef formerlie thought fit to be givine towardis the supplie of the loss and necessities of ther brethrine of Scotland, and that the house would in due tyme take into consideratione the maner how and the tyme when the same shall be raised, conforme to the paper of the third of February stilo Scotico, and givine in to the treattie vpoun the fyfte of the said moneth.
And whereas it was desyred by the Scottishe commissioneris that the Englishe commissioneris would let them know from the parliament the security, maner and termes of payment of the foirsaid soume of three hundreth thousand pundis and of the arreires due for releiffe of the Northerne Contries, it was agried wnto by warrand and order of the parliament that they should have fourscoire thousand punds as a pairt of the forsaid soume of three hundreth thousand pundis with the whole arreires due to the army befor the disbanding therof, conforme to the paper of the 26 Maij 1641 and givine in to the treaty upoun the 27 of the said moneth.
And conserneing the securitie for paying of the remanent of the said somme of thrie hundreth thousand pundis which is arreare, extending to tuo hundreth and tuenty thousand pundis, it is resolved and agreed wnto by both houss of parliament that ane act of parliament of publict faith shall pas for securitie therof, and that one moity or equall halfe of the samene, extending to one hundreth and ten thousand pundis, shall be payed at Midsommer in anno 1642, and the other moity or equall halfe therof to be payed at Midsommer in anno 1643, as the order of the houses of parliament of the 19 and 25 dayes of June 1641 doeth more fullie proport.
And in lykemaner, whereas it was desyred by the Scottishe commissioneris that they might know to whom they should addrese themselves for payment of the soumes at the dayes appoynted by the parliament, conforme to the parliamentes determinatione of the 19 of June; secondly, at what place the payment should be made; thirdly, that a saiffe conducte may be granted for the secure transporting of the moneyes to Scotland at the tymes of the payment agreed upoun, it is ansuered and resolved by the parliament that these erles, lordis and commissionaris falloweing shall be the persones to whom the Scotts shall addrese themselves for the receiveing of the soumes at the dayes appoynted by the parliament: Erle of Bedfoord, Erle of Essex, Erle of Warwicke, Erle of Holland, Erle of Stanfoord, Lord Whartoun, Lord Mandavill, Lord Brooke, Maistir Martine, Sir Thomas Barringtoun, Maistir Capell, Sir Archbald2 Ingram, Sir Gilbert Gerard, Sir Robert Pye, Maister H. Ballassis, Sir Walter Erle, Sir Williame Litton, Sir Hendrie Mildmay, Sir Thomas Cheeke, Sir Johne Strangewayes, Maistir Arthure Goodwine, Maister Hamden, Alderman Soam, Alderman Penningtoun; resolved wpoun the question that the place of payment shall be the Chamber of Londone; resolved wpon the questione that a saife conduct shall be granted for the secure transporting of the moneyes to Scotland at the termes of payment agreed wpoun at the chairge of the Scottis conforme to the paper, June 22 1641 yeires.
To the sevinth demand desyring that as his majestie heath approved the actes of the lat parliament wherin all such declarationes, proclamationes, bookis, lybellis and pamphletis as have bene made, writtine or published aganes his loyall and dutifull subjectis of Scotland are recalled and ordeined to be suppressed and destroyed, so his majestie may be pleased to give order that the same may be suppressed, recalled and forbiddine in England and Ireland, and that the loyallty, integrity and faithfullnes of his majestie subjectes of Scotland towardis his majesties royall persone and government may at the cloosing of this treattie of peace, and at the tyme of publicke thankis giveing for the same, be mad knowne in all places and all parishe churches of his majesties dominiones. This was the more earnestlie desyred and confidentlie expected from his majesties justice and goodnes becaus no calamity nor distrese heath so sore vexed or so deeplie wounded the heartes of his majesties subjectes as ther loyalty and love towardis ther native king should have bene contraverted and by the malignancy of bad instrumentes brought into suspisioun. And because they wnfanedly desyre and pray for his majesties happines and are resolved by all meanes and at all occasiones to deny themselves and what they have for his majesties honnour, as is more fullie contenit in the paper of the 8 of Februarii 1641, stilo Scotico, it is ansured upoun the tent of Februarii 1641, stilo Scotico, wee doe agrie that all declarationes, proclamationes, actes, bookes, lybellis and pamphletis that have bene mad and published againes the loyalty and duetifullnes of his majesties subjectes of Scotland shall bee recalled, suppressed and foirbiddine in England and Ireland. And that this be reciprocall in Scotland if any such have bene made and published there in prejudice of his majesties honnoure, and this wpoun diligent inquirie to be done by the authority of the parliament nixt siting in Scotland; off which the commissioneris of Scotland doe promeise to have ane especiall cair. And wee doe also agree that when it shall please Almighty God to grant a happie close of this treattie of peace, the loyallty of his majesties said subjectis shall be made knowne at the tyme of publicke thankisegiving in all places, and particularlie in the paroche churches of his majesties dominiones, wnto which wee are the rather enduced for that yow express how deeplie it heath woundit the heartes of his majesties said subjectis that ther loyaltie and love to his majestie, ther native king, should be brought in questione and suspicion, wheras they wnfainedlie desyre and pray for his majesties happines and are resolved by all meanes and at all occasions to deny themselves and what they have for his majesties honnour. 10 Februarii 1641, stilo Scotico.
Conserneing the eight demand for ane happie and durable peace, which is the cheefest of all our desyres and wnto which all the former seavine articles being now agried wpon are as many preparationes, we doe first of all desyre that all monumentis, tokines and shawes of hostility upoun the borderis of the tuo kingdomes may be takine away, and that upoun the reasones and consideracions particularlie exprest in the paper of the 10 of Februarii 1641 that not only the garisones of Berwicke and Cairlile may be removed but that the workis may be sleighted and the places dismantled, it is ansured and agreed upoun the 14 of June that his majestie is desyrous that all thingis betuixt the kingdomes of Scotland and England be reduced into the samene state they war in befor the begining of the late troubles; and therfore he doeth give his assent to the advyce of the tuo houss of parliament that the garisones of Berwicke and Cairlile wpoun the disbanding of the Scottishe army now in England and of all such forces as are gathered togidder in Scotland be lykewayes presentlie removed, and that the fortificationes of Berwicke and Cairlile be also reduced to the same conditione they were befor the late troubles, so that all fortificationes in Scotland be lykewayes put in the same conditione they were befor the said troubles, and that the workes be not repaired bot suffered to decay, and that the ordinance and ammunition be removed. And that it be without prejudice of his majesties former grant of the second demand conserneing the keepeing of the castles of the kingdome of Scotland. 14 June 1641.
To there desyre conserneing unity in religioun and uniformity of church governement as a speciall meanes for conserveing of peace betuixt the tuo kingdomes wpoun the groundis and reasones conteyned in the paper of the 10 of Merch givine in to the treaty and parliament of England, it is ansured upon the 11 of June that his majestie, with the advyse of both houses of parliament, doeth approve of the affectiones of his people of Scotland in ther desyre of haveing conformity of churche governement betuene the tuo nationes. And as the parliament heath allreddy takine into consideration the reformatione of churche governement, so they will proceed therin in due tyme as shall best conduce to the glorie of God, the peace of the church and of both kingdomes. 11 June 1641.
To there desyre of the kingis majestie and the prince ther comeing and residing somtymes in Scotland wpon the reassones given in Februarii 16 1641, stilo Scotico, it is ansured wpon the nynt of June that his majestie doeth take in good pairt the sense his subjectis of Scotland have of his absence and the duetifull expressione they make of there desyre to have him and the prince, his sone, frequentlie amonge them, and assureing himselfe that they have no other intentione in this demand bot meerlie to express ther love to his persone and the weellfair of his ancient kingdome, he declaires wnto them that as he shall feell the wrgencie of these effaires requyre his presence and his other conveniences heir permit he will repaire thither, and the prince, his sone, so fare as he may knowe and be acquanted with the people there. 9 June 1641.
To the desyre conserneing the maner of choosing and placeing of the officeris of estate, counselloures and sessioneris within the kingdome of Scotland by advyse of the parliament wpoun the groundis and reassones givine in Merch 18 1641, stilo Scotico, it is ansured, the nynt of June, in his majesties name, wee intend nothing more heartilie and really then that our people shall be governed by the lawes of the kingdome and that all judges in there severall judicatories should judge accordinglie. Therfore we will never permit nor allow that either counsellouris, officeris of estat or judges be exeemed from our and our parliamentes censure and tryell for the dischairgeing of there dueties in there severall offices and places. Lykewayes we conceive that nothing will more conduce to the good of our service and the peaceable and happie governement of the kingdome then that officeris of state, places of counsell and sessione and other judicatories be provydit with honest, able and qualified men, for which end, and because of our necessary absence from that kingdome, which maketh the qualificatione of persones fit for places lesse knowne to ws, we shall so far give eare to the informationes of our parliament, and when our parliament is not siting, of our counsell and colledge of justice as that we shall make choise of sume one of such as they by commoun consent wpoun the vacancy of the place shall recommend wnto us, or if we shall conceive another person to be fitter then any of these recommendit, we shall make the same knowne to the parliament or in the tyme betuene parliaments to our counsell and sessione, that from them we may be informed of the qualificatione and abilities of the persone named by us, to the effect that if by ther informatione it shall appeare to ws that there is just exceptione aganes the lyfe and qualificatione of the said pairtie wee may tymlie nominat some other againes whom ther shall be no just exceptioun. By which meanes we doubt not bot that wee shall from tyme to tyme choose such honest men as for knowne integrities and abilities shall be fit to dischairge ther places and offices with that duety and sufficiency which we and our subjectis may justly expect, which intentione of oures being now so fullie and cleirly expressed we doubt not bot will give good satisfactione to our ensueing parliament. And as we never intendit to remove just and able men from ther places in the colledge of justice, so doe we now declaire for our peoples full satisfactione that ther places shall be provydit wnto them quam diu se bene gesserint. And if this our ansuer cannot content the Scottishe commissioneris, we doe then remit the whole ansuer to be considerit by ws or our commissioner and the parliament at the nixt siting therof. 9 of June 1641.
To ther desyre of placeing some Scottishe men of respect about the king and queines majesties and the princes heighnes wpoun the groundis and reasones givine in 9 of Apryle 1641, it is ansured his majesties goodnes and grace towardis his subjectes of Scotland in placeing them about his owne person in places of greatest neernes and trust heath bene such as ought to give them full satisfactione of his royall affection towardis his subjectis of his native kingdome. Thairfore, for this poynt, his majestie needeth only to assure them that he shall continoue the same caire which hitherto he heath done for ther satisfactione in this particular, and not onlie so bot shall also recommend the same to the prince, his sone, that successively the kingdome of Scotland shall so tast of the cair of ther soveragines that by the grace of God they shall never want a sufficient nomber of honest and sufficient persones of that natione about the kingis persone and princes, againest whom ther shall be no just exceptione. 9 Junii 1641.
To there desyre that none may have place about his majestie and the prince bot such as are of the reformed religion, in maner expressed in the paper 1 Apryle 1641, it is ansured his majestie doeth conceive that his subjects of Scotland have no intentione by this propositione (especially by way of demand) to limit or prescryve wnto him the choyse of his servantis, but rather to shew there zeall to religione, wherin his owne pietie will make him doe therin that which may give just satisfactione to his people. 9 June 1641.
To ther desyre givine in the first of Apryle conserneing the copper coyne, it is ansured, wheras the Scottishe commissioneris have represented wnto his majestie the great prejudice susteined by the kingdome of Scotland throw the coyneing of copper money which heath passed ther this long tyme bygone for seavin tymes and above as much as the true value and worth therof, contrary to the continuell custome of that kingdome, and therfor desyreing that no coper money be coyned heirefter without consent of the estats conveened in parliament, who may remedy the present prejudices the cuntrie sustenes therby and who wpoun good consideratione of the necessity therof in tyme to com may appoynt such a proportione as is fit and as the cuntrie shall requyre for the use of the poore and for chainge in buying and selling commodities, and that the same shall not pass bot according to the intrinsicke value therof with the allowance of a tenth pairt or such a proportione as the parliament shall thinke fit to allow for the impressione and workemanshipe in coyneing, his majestie is gratiouslie pleased to recommend to the ensuing parliament of Scotland the whole mater of copper coyne and remites to ther consideracion to take such order therin as they shall thinke fiting, not only conserneing the copper coyne to be coyned heirefter but also the copper money allreddy coyned, how the same shall take vent and passe in payment in tymecomeing, conform to the paper of the nynth of June 1641.
- NAS, PA2/22, f.98v-103v.
- APS has 'Arthor' inserted in square brackets, possibly taken from the printed act which has the contraction 'Ar', The Acts made in the Second Parliament of our most high and dread sovereign Charles, by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith, &c. Holden at Edinburgh in the severall Sessions thereof, according to the dates therein mentioned, (Edinburgh, 1641), p.75.