Acts and Ordinances of the Interregnum, 1642-1660. Originally published by His Majesty's Stationery Office, London, 1911.
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It is Ordained, by the Lords and Commons in Parliament, that John Earl of Rutland, Sir William Armin Baronet, Sir Henry Vane Junior, Knight, Thomas Hatcher and Henry Darley, Esquires, be authorized and appointed Committees and Commissioners, of and from both Houses of Parliament, to repair into the Kingdom of Scotland; and there to treat; negociate, contract, conclude, and agree, with the States of that Kingdom, and all others thereunto authorized, of all such Matters, concerning the Good of both Kingdoms, as shall be committed and referred to them by the said Lords and Commons, according to such Instructions as are herewithall delivered to them, and such other Instructions as they shall from Time to Time receive from both Houses of Parliament: The said Committee or Commissioners, without the special leave of both Houses, are required to be attendant in the Execution hereof; and, for their so doing, they shall be warranted, justified, secured, and saved harmless, by the Authority and Power of both Houses of Parliament.
Instructions, agreed upon the 13th July, 1643, by the Lords and Commons in Parliament, for John Earl of Rutland, Sir William Armin Baronet, Sir Henry Vane Junior, Knight, Thomas Hatcher and Henry Darley, Esquires, appointed Committees or Commissioners to the Kingdom and States of Scotland.
1. You shall forthwith repair into the Kingdom of Scotland, either to Edinborough, or to other Parts, as you see Cause; and you shall make your Addresses to the Parliament, or any Instruction for the Committees or Commissioners going to Scotland, deputed by them, to the Assembly of the States, or any Commissioners appointed by them, the General Assembly of the Church, or the Commissioners of the General Assembly, the Lords of the Secret Council, Commissioners for Conservation of the Peace the Commissioners of Common Burthens, and such others as shall have Power and Authority to treat with you upon such Matters as you have received, or shall receive, in Charge, and to negociate in that Kingdom as Committees or Commissioners of and from the Parliament of England.
2. You shall take all fit Ways and Opportunities to make known to the State and Nation of Scotland the great Miseries, Calamities, and Dangers, brought upon this Church and Kingdom, by the Faction of Papists, and Prelates, and their Adherents, whereby they are disabled for the present to make Payment of those great Debts which are owing to them, for the Remainder of the Brotherly Assistance, and the Arrear of their Army in Ireland.
3. You shall take Care of stating and settling all Debts, Accompts, and Demands, betwixt the Two Nations of England and Scotland; and, the same being reduced to Certainty, you shall treat and compound for the Time and Manner of Satisfaction for the said Debts, in such Manner as shall stand with Justice, and the Conveniency of both Kingdoms.
4. As touching the Remainder of the Brotherly Assistance, it is conceived most just and reasonable that, because the War upon the Subjects and People of Scotland, begun and prosecuted in the Year 1640 and 1641, was procured by the Faction of Papists, Prelates, and their Adherents, which was the Cause of the coming of Scotts into this Kingdom, and of the Engagements thereupon made for their Satisfaction, that sufficient Lands of Papists, Prelates, and other Malignants as have adhered unto them, shall, by the Direction and Appointment of both Houses of Parliament, be set forth; out of which, Recompence shall be made for the Forbearance of that Money, until such Time as Satisfaction be given for the Discharge of all the said Debt, with the Interest, and Consideration for the Forbearance thereof.
5. As for the Arrear due to the Scottish Army in Ireland; it being impossible for this State, by reason of the manifold Troubles and Burthens which lie upon it, to make present Payment, it is desired that our Brethren of Scotland think upon some other Way how we may make Satisfaction, either in the Confiscate Lands in Ireland, by Way of Adventure, according to the Rates and Proportions at which they are to be delivered to the English Adventurers, or else by Estalment, at Four equal Payments, within Two Years after the Peace of this Kingdom shall be settled, or else in Provision of Victual and Apparel, to be delivered at reasonable Rates in Scotland, or any other Place, or any other Way within the Power of the Two Houses; it being our earnest Desire to give our Brethren full Contentment herein, so far as GOD shall enable us thereunto.
6. You shall, according to the precedent Articles, treat and conclude for the Discharge both of the Debts aforementioned, that is, for the Remainder of the Brotherly Assistance, and the Arrear of the Army in Ireland, and such further Payments as shall grow due, until they shall be dismissed in any of these Ways, and if none of these Ways shall be agreeable to our Brethren, you shall receive any further or other Propositions from them concerning the same; and such Propositions to certify to the Lords and Commons in Parliament, that so you may receive further Direction therein.
7. You shall, with the like Plainness and Truth, make known to our Brethren of Scotland, that we are, by these Troubles, made altogether unable to continue the Charge of the Army in Ireland; therefore, lest it should become too great a Burden to them in our Disability of Payment, we desire the said Army may be dismissed in some short Time; only such Garrisons to be kept on Foot as our Brethren shall think fit to retain for the Guard of Carrickfergus and Colraine, according to the Treaty in that Behalf.
8. You shall meditate and conclude an Establishment of the same Garrisons, both for Number of Men and Allowances, which the Two Houses will undertake to discharge accordingly (the Number of Men not exceeding Two Thousand), in Money, or Provision at reasonable Rates, to be agreed upon.
9. You shall put our Brethren in Mind, that the Popish and Prelatical Faction, which began with them in the Year 1640– 1641, and intended to make Way to our Ruin by theirs, and so to have corrupted and altered Religion in the whole Island, have not diminished in any Part of their Malice towards them, or at all departed from their Design, but only varied in the Manner of their Proceeding; conceiving that they have an easy Way to destroy them if they may first prevail over us; and thereupon you shall use your uttermost Endeavour to persuade and excite our Brethren to join with us in the common Cause, not only of the Two Kingdoms, but of all the Professors of the Protestant Religion; for the total and universal Suppression whereof, they may discern that the Pope and his Faction in several Countries are strongly combined.
10. You shall desire therefore, that both Nations may be streightly united and tied, for our mutual Defence, against the Papists and Prelatical Faction, and their Adherents, in both Kingdoms, and not to lay down Arms till they shall be disarmed, and subjected to the Authority and Justice of Parliament, in both Kingdoms respectively; for the effecting whereof, we desire our Brethren of Scotland to raise an Army of Ten Thousand Foot, and One Thousand Horse, or more, to be forthwith sent against the Papists, Prelatical Faction, and Malignants; the same to be commanded by the Earl of Leven, or such other General as shall be appointed by the State of Scotland, according to the Order and Direction of both Houses of Parliament; and to be paid, according to such an Establishment as shall be agreed on, out of such Revenues of Papists, Malignants, and other Delinquents, as shall be assigned for that Purpose by the Two Houses of Parliament.
11. You shall take Care, that the City of Carlisle, the Towns of Newcastle and Barwicke, whensoever they shall be secured from the Papists and Malignants, shall be delivered over into the Hands of such Persons and Garrisons as shall be appointed to receive and defend the same by the Two Houses of Parliament.
12. For the Charge in raising and arming these Men, we shall give our Bretheren Satisfaction as speedily as we may; and, if the Reason of War require that those Forces, or any Part thereof, be employed on this Side Teas, or that it shall be so desired and directed by the Lords and Commons in Parliament, they are in such Case to be subject to the Order and Command of his Excellency the Earl of Essex, or such other as shall be appointed Lord General by the Two Houses of Parliament.
13. You shall assure our Brethren of Scotland, that, if they shall be annoyed or endangered by any Force or Army, either from England or any other Place, the Lords and Commons of England will assist them, with a proportionate Number of Ten Thousand Foot and a Thousand Horse, or more, to be sent into Scotland, for their Defence, under such Order and Direction as shall be thought fit by the Parliament or State of Scotland: And, for the better securing of the Coast of the Kingdom of Scotland from the Invasion of the Irish Rebels, or other Enemies, during such Time as their Army shall be employed for the Defence of this Kingdom, you shall agree with them for a Guard of Ships, to be maintained by us, upon that Coast.
14. And, that the mutual Interest and Dangers of both Kingdoms may be defended and preserved by both, you shall, on the Behalf of the Lords and Commons of England, contract and agree with the Kingdom and States of Scotland, that no Pacification, or Agreement for Peace, shall be concluded by the Two Houses of Parliament, without sufficient Caution and Provision for the Security, Peace, and Safety of that Kingdom, the Indemnity of all Persons and States for and concerning the Aid and Assistance which shall be given to this Parliament and Kingdom, the Suppression of the Popish and ill-affected Party among them, the safe and peaceable Return of their Forces sent hither, and the real Performance of all Articles agreed upon with them.
15. You shall receive the Public Faith of that Kingdom, that neither their Entrance into nor Continuance in this Kingdom, in Arms, shall be made Use of to the Prejudice of the Rights and Prerogatives of the Crown of England, nor of the Liberties and Privileges of the Subjects; but that all Matters concerning the same be determined by the Two Houses of Parliament; and that, as our Brethren shall be pleased to come in to help us at our Request, so their Forces shall be always ready to depart this Kingdom whensoever they shall by both Houses of Parliament be thereunto desired.
16. You shall further consider, with our Brethren of Scotland, what other Articles or Propositions may be fit to be added and concluded, whereby the Assistance and Union betwixt the Two Nations may be made more beneficial and effectual, for the Security and Defence of Religion and Liberty in both Kingdoms; you shall certify all such Propositions to the Two Houses of Parliament, and thereupon proceed to a Conclusion, as you receive further Direction from them.
You are, together with the Ten Thousand Foot and One Thousand Horse, or more, desired of our Brethren of Scotland for our Assistance, to consider, agree, and conclude with them, concerning a fitting Train of Artillery to accompany the same.
You are to represent to our Brethren of Scotland the Desire of both Houses, that the Earl of Antrim may be re-examined, with Reference to the Affairs of this Kingdom, upon such Interrogatories as shall be by you framed and propounded in that Behalf, or such as shall be hereafter appointed by both Houses; which Examinations you are to return unto the Houses with all convenient Speed.
Whereas, by Act of Parliament in both Kingdoms, concerning the Treaty of Peace betwixt the Two Nations, Two Commissions, the one for conserving Peace, and the other for Trade, are directed and appointed, which Commissions are passed and consented to by the Two Houses of Parliament; you are therefore, according to the said Commissions, and in the Capacity of Commissioners in that Behalf, to treat and advise of all such Matters as by the said Act of Parliament is appointed; and to carry with you authentic Copies of the same, and them to deliver to the Commissioners for conserving of Peace, as you shall see Cause.
You are to represent to the general Assembly of Scotland, or to the Commissioners appointed by them, the Care and Endeavours of both Houses, for a perfect Reformation in this Church, and the happy Progress made by them therein; for the better accomplishing whereof, they have called an Assembly of Godly and Learned Divines, which are now sitting; and that, by reason of the Prevalency of the Papists, Prelatical Faction, and other malignant Enemies to this so-much-desired Reformation, now in Arms against the Parliament, these good Beginnings are like to receive Interruption, if not be utterly disappointed; and therefore you are not only to desire Assistance of that Reverend and Godly Assembly, for the carrying on this Work with their Prayers; but also, by such seasonable and effectual Means as to them shall seem meet, to co-operate with the States of the Kingdom of Scotland, for the effecting the Desires of both Houses, in the necessary Supplies and Aid now desired of our Brethren.
You are also, according to the Desires of both Houses, formerly expressed in their Instructions to John Corbett Esquire, and now in their Declaration to the General Assembly, to solicit the speedying away of such and so many Reverend and Godly Divines, as they shall make Choice of, to be Assistants in the Assembly called by the Two Houses.