[1641/8/23]¹

The propositiones and articles givin in by the Scottishe commissioneres after the Lord Loudoun his returne from the parliament of Scotland

That the treattie of peace may be brought to a speedy and happie close, we did offer to your lordships consideratione the particuleris falloweing:

1. That so soone as the Scottishe army shall remove out of England to Scotland the Englishe garisones of Berwicke and Cairlile should remove simull et semell.

2. Least malefactoures who have committed thifte, murther and the lyke crymes crave the benefiet of the act of pacificatione and oblivione (for whom it is nowayes intendit) ther would be exceptione from the said act of all legall persut intendit or to be intendit within the space of ane yeir efter the treattie againes all thives, sorneris, outlawes, fugitives, murthereres, brokine men or ther receptores for whatsoevir thiftes, reiffes, hirshipes, oppressions, depredationes or murther done or committed by them, and all laufull decrees givine or to be givine by the parliament or any commissioneris to be appoynted by them for that effect who shall have pouer to dignose and take cognitione whither the same falles within the said act of pacificatione and oblivione or not.

3. It is desyred that the demand conserneing the not makeing or denunceing of warre with forraigneres without consent of both parliamentes may be condiscendit wnto by the king and parliament of England which is ordinarly and wniversaly observed in all mutuall leagues which are both defensive and offencieve. And because the warres denunced by one of the kingdomes with forraigneres althought made without consent of the other kingdome will ingage them by necessary consequence or if the consideratione of that propositione shall requyre longer tyme then the present conditione of the important effaires may permit, and least the speedy close of the treattie be therby impeded, it is desyred that this demand with the tuo other articles of the same nature, the one conserneing leagues and confederationes and the other conserneing mutuall supplie incase of forrane invasione, may all three be remitted to commissioneres to be chosine by both parliaments, who shall have pouer to treat and advyse therwpoun for the good of both kingdomes, and to report to the parliaments respective.

4. It is desyred that the articles conserneing trad and commerce, naturalizatione, mutuall priviledge and capacity and otheris of that nature allreddy demandit may be condiscendit wnto by the king and parliament of England, and namlie that demand about the pressing of shipes or men by sea or land, or if shortnes of tyme and exigencie of effaires may not permit the present determinatione of these demandis it is desyred that the same (except so many of them as are allreddie agried wnto by the commissioneris for trad) may be remitted to the commissioneris to be chosine by both parliamentes, who shall have pouer to treate and advyse therof for the good of both kingdomes, and to make report therof to the parliament respectivlie. And that the charteris or warrandis of the Scottishe natione for freedome of shipping in England or Ireland from all customes, impostes, duties and fees more thene are payed by the natives of England and Ireland granted by King James under the broad seall of England upoun the ellevinth of Apryle the 13 yeir of his rigne, and confirmed by King Charles the nynteenth of Apryle, the eight yeir of his rigne, may be ratified and enacted in the parliament of England.

5. That the extractes of bandis and decreetes put wpoun record and register in Scotland may have the lyke faith and execution as the French tabelliones have in England or Ireland, sieing they are of a lyke nature and deserve more credit; and if this cannot be done at this tyme, that it be remitted to the former commissione from both parliamentes.

6. The maner of saiffe conduct for transporting the money from England to Scotland by sea or land would be condisendit upoun in such a way as the chairges be not exorbitant.

7. The tennour of the commissione for conserveing of peace wold be condiscendit wnto, togither with the tymes and places of meetingis and whole frame therof, the draught wherof when it is drawne up in England is to be represented to the parliament of Scotland that they may make lyke commissione and name there commisioneris for that effect.

8. The parliament of Scotland doe joyne there earneste and heartie desyre and crave the parliament of Englandis concurrance that none be in place about the prince his heighnes bot such as are of the reformed religioun.

9. That ane act of parliament of publicke faith for payment of the tuo hundreth and tuentie thousand pundis of the brotherlie assistance which is arreare may be presentlie framed and expedited according to the termes agreed upoun.

10. It is desyred that the quorum to whom the Scotes should adresse themselves for payment of tuo hundreth and tuentie thousand pundis be condiscendit upoun.

11. That the order for recalling all proclamations etc. made against his majesties subjectis of Scotland be drawne wpe and intimated in due forme and tyme, with the publicke thankisgiveing at all the parishe churches of his majesties dominiones.

12. It is desyred that the articles conserneing the castle of Edinburgh and other strenthes of that kingdome may be wnderstood to be that the same shall be disposed of for the weall of the kingdome as the king and parliament shall thinke expedient.