Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that a Treaty had been appointed by the King for removing of all Differences between the two Kingdoms; and a Commission issued under the Great Seal of England, with the Approbation of Parliament.
The Words of the Commission.; Recital that a Commission had been granted by the Committees of the Parliament of Scotland.; The Words thereof.
Whereas by his Majesties Roiall Wisdome and princely care of the peace and happines of His Majesties Dominions a treaty hath beene appointed for removing [of (fn. 1) ] all differences raised betwixt the two Kingdoms and betwixt the King and his Subjects of Scotland and for setling & assuring a firm and blessed Peace for all time to come and a Commission hath been given under the Great Seal of England with approbation of both Houses of Parliament bearing date the three and twentieth day of November in the sixteenth yeare of his Majesties reign and in the words following CHARLES by the Grace of God King of England Scotland France & Ireland Defender of the Faith &c. To our right trusty and right welbeloved Cousins Francis Earle of Bedford William Earle of Hertford Robert Earle of Essex and to our right trustie and right welbeloved Cousin and Counsellour William Earle of Salisburie and to our right trusty and right welbeloved Cousin Robert Earle of Warwick and to our right trusty and right welbeloved Cousin John Earle of Bristoll and to our right trusty and right welbeloved Cousin and Counsellour Henry Earle of Holland and to our right trusty and right welbeloved Cousin and Counsellour Thomas Earle of Berks and to our right trusty and welbeloved Philip Lord Wharton William Lord Paget Edward Lord Kimbolton Robert Lord Brook John Lord Powlet Edward Lord Howard of Escrick Thomas Lord Savile and Francis Lord Dunsmore Greeting Whereas divers of our Subjects of Scotland have by theire severall Petitions humbly besought us that we would be graciously pleased to grant unto them certain demands WE reposing speciall trust and confidence in your wisdomes and fidelities Have named assigned and appointed you And by these presents Doe name assigne and appoint you to be our Commissioners and Doe hereby give and grant unto you or any ten or more of you full power and authority to treat with John Earle of Rothess Charles Earle of Dunfermeling John Lord Lowden Sir Patrick Hepburne of Waughtone Sir William Douglas of Cavers William Drummond of Ricarton John Smith Bailiffe of Edenborough Alexander Wedderburne Clerke of Dundy Hugh Kennedy Burgesse of Aire Alexander Henderson and Archibald Johnston or any of them or any others deputed or to be deputed by our said Subjects of Scotland or nominated or to be nominated on their behalfe and to take into your serious consideration the said demands and compose conclude and end all differences arising thereupon or otherwise as you or any ten or more of you in your wisdomes shall thinke fit and whatsoever you our said Commissioners or any ten or more of you shall doe in the p[re]misses Wee Doe by these presents ratifie and confirme the same In Witnes whereof we have caused these our Letters to be made Patents Witnes our selfe at Westminster the three and twentieth day of November in the sixteenth yeare of our Reign p[er] ipm Regem And in like manner a Commission hath been granted by the Committees of the Parliament of Scotland bearing date the last of October and fourth dayes of November 1640 yeares and in the words following. Wee the Commissioners of the Parliament of [Scotland (fn. 2).] being a full number of both the Quorums thereof undersubscrivand Forsomikell as the Kings Majestie our dread Soveraigne hes been graciously pleased upon our humble supplications to appoint ane Treatie and conference at Rippon betwixt our Commissioners choisen and sent by us for that effect and ane number of the Peers of England who accordingly met and have accorded upon certaine Articles as well anent the maintenance of our Armie as anent the cessation of Armes during the Treatie And because the time for the ensuing Parliament of England could not permit the Treatie to come to the wished conclusion there his Majestie was therefore likewise pleased to transferre the said Treatie to London where the Parliament is to hold that there these intrusted by his Majestie and the Estates of Parliament may have the better time and place to treat and conclude thereanent Therefore wee the said Commissioners being a full number of both Quorums thereof under subscrivand be vertue and conforme to the Commission granted to us by the Estates of Parliament do not onely approve the said Articles already agreed upon and subscribed by our said Commissioners at Rippon but alsoe doe give by these presents full power and warrand and Commission to John Earle of Rothess Lord Lesly Charles Earle of Dunfermeling Lord Urguhart and Fivie John Lord Lowdon Sir Patrick Hepburn of Waughton Sir William Dowglas of Cavers William Drummond of Riccartone John Smith of Edenburgh [Master (fn. 3) ] Alexander Wedderburn of Dundy and Hugh Kennedy of Aire as Members of the Estates of Parliament And because many things may occur concerning the Church and Assemblies thereof therefore besides these of the Estates wee nominate and appoint [Master (fn. 3) ] Alexander Henderson and [Master (fn. 3) ] Archbald Johnston whom wee adjoyn for that effect with full power to them or any sevin of them there being alwaies two of every Estate to passe to the said City of London and there or at any other place convenient (mutually to be agreed upon) to meete and convene with any who shall be appointed by His Majesty and Estates of Parliament of England for the foresaid Treaty giveand grantand and committand like as we by these presents gives grants and commits to them in manner aforesaid full power warrant and commission to treat consult advise determine and agree as well anent the satisfying and granting of our demands as in obtaining and securing a setled peace for all time coming conform to the instructions given to them herewith or whilk shall be sent to them hereafter by us or any one of the said Quorums at the Campe or Edenburg thereanent with power to them as said is to do every thing which may conduce for the better and easier obtaining of our said demands and establishing a setled peace conform to the said particular instructions in such like manner as wee might doe if we were all personally present our selves in full number promising to hold firm and stable all and every thing our said Commissioners in manner foresaid shall doe in the p[re]misses conform to the said instructions and in case it shall be found expedient or necessary to adde any more Commissioners to the foresaid persons these who shall so be sent authorized under our hands or the full number of any [of (fn. 4) ] the said Quorums shall have a like power and Commission be vertue of these presents with the forenamed Commissioners in sike like manner as if theire names were particular expressed herein In Witnesse whereof thir Presents are subscribed at Newcastle & Edenburgh the last of October and fourth of November 1640 yeares. Rothes Montrose Cassellis Lothian Lindesay Balmerino Naper Burghly Es Couper Thomas Hop W. Riccarton Home W. Caprinton J. Gartgirth Dundas Edward Edgar Richard Maxwell James Scott Porterfeild W. Hamilton [Master (fn. 3) ] William Moir Ja. Sword Hew Kennedy Rutherford.
Recital that, by virtue of such Commission, the Heads and Articles following had been treated and agreed upon.
And forasmuch as by vertue of the said Commissions the Commissioners therein authorized have at length treated
and by the assistance and blessing of God have agreed upon the heads and Articles following.
Articles of the large Treaty concerning the establishing of the Peace betwixt the Kings Majesty and his people of Scotland and betwixt the two Kingdomes agreed upon by the English and Scottish Commissioners at the Citie of Westminster the seventh day of August 1641. the Scottish Commissioners having given in the Declaration following, viz.
First Demand, as to Publication of Acts of the late Parliament; Answer thereto.
Wee Doe still in all Loyaltie as becometh humble and dutifull Subjects acknowledge our dependancie upon his Majestie as our dread Soveraigne whether his Majestie live in Scotland or in England and shall alwaies and in all things witnesse our high respects and best affections to the Kingdome and Parliament of England according to the strong [bonds (fn. 5) ] of nature and religion by which the two Kingdomes are joyned under one head and Monarch yet as wee are fully assured that the Kingdome and Parliament of England is for the present far from any thought of usurpation over the Kingdome & Parliament of Scotland or theire Lawes and Liberties so for [the (fn. 6) ] preventing the misunderstanding of the posterity and of strangers and for satisfying the scruples of others not acquainted with the nature of this Treaty and the manner of our proceedings which may arise upon our coming into England and our treating in time of Parliament We Doe by these declare and make knowne that neither by our treaty with the English nor by seeking our peace to be established in Parliament nor any other action of ours do wee acknowledge any dependancy upon them or make them Judges to us or our Lawes or any thing that may import the smallest prejudice to our Liberties but that wee come in a free and brotherly way by our informations to remove all doubts that may arise concerning the proceedings of our Parliament and to joyne our endeavors in what may conduce for the peace and good of both Kingdomes no otherwise then if by the occasion of the King his residence in Scotland Commissioners in the like exigence should be sent thither from England did demand that his Majesty would be graciously pleased to command that the Acts of the late Parliament may bee published in his Highnes name as our Soveraigne Lord with consent of the Estates of Parliament convened by his Majesties authority. Whereunto it is answered and agreed that forasmuch as the Kings Majestie at the humble desire of his Subjects did call and convene a Parliament to be holden at Edenborough the second day of June 1640 wherein certaine Acts were made and agreed upon which Acts his Majesty (for the peace and good of his Kingdome) is pleased to publish in his owne name with the consent of the Estates And therefore Co[m]mands that the said Acts bearing date the eleaventh day of June 1640 bee published with the Acts to be made in the next Session of the same Parliament and that all the said Acts aswell of the precedent as of the next Session to be holden have in all time comeing the strength of Law and to be universally received and obeyed by all the subjects of the Kingdome of Scotland. His Majestie doth in the word of a King promise the publishing of the said Acts in such sort as is above specified As for the manner of publishing the said Acts his Majesty approves that the declaration of the Estates in the begining of the Acts and the conclusion at the end may be passed in silence at the publishing of the Acts and left out in the printed Copies and if any thing shall further accurre concerning the manner of publishing the said Acts his Majesties Commissioner may then offer it to the Estates to be considered of his Majesty being most assured that the Estates of Parliament will have a great care not to suffer his Majesties authority to be prejudiced in the managing of these great affaires. 3 December 1640.
Second Demand, and Answer thereto.
The Second Demand That the Castle of Edenburgh and other strengths of the Kingdome should with the advice of the Estates of Parliament according to theire foundation be furnished and used for defence and security of the Kingdome. Is agreed unto.
Third Demand, as to Scotchmen in England subscribing the Covenant and being compelled to take Oaths, and Answer thereto.
The third Demand. That Scottismen within his Majesties Dominions of England and Ireland may be freed from censure for subscribing the Covenant and be no more pressed with Oathes and subscriptions unwarranted by theire Lawes and contrary to theire Nationall Oath and Covenant approved by his Majesty. It is thereto answered and agreed in his Majesties name upon December 8. 1640. That as his Majestie hath granted your first and second demand so we do now in his Majestyes name answer to the third That all those who in his Dominions of England or Ireland have beene imprisoned forfeited or censured any other way for subscribing of the Covenant or refusing to take any other Oath contrary to the same shall be freed of those censures and shall be fully restored to theire liberties estates and possessions and for the time coming that the Subjects of Scotland as Subjects of Scotland shall not be constrained to any Oath contrary to the Lawes of that Kingdome and the religion there established. but such of the Kingdome of Scotland as shall transport themselves into the Kingdomes of England or Ireland and there be setled Inhabitants either by way of having Inheritance or Freehold or by way of setled Trades (by which the way of trading of the Factors of Merchants nor of Merchants themselves is not to be understood) shall be subject to the Lawes of England or Ireland and to the Oathes established by the Lawes and Acts of Parliament in the said Kingdomes respectively wherein they live and have theire ordinary and constant residence and not otherwise and the English and Irish shall have the like priviledge in Scotland. December 8. 1640.
Fourth Demand, as to Incendiaries being liable to the Sentence of the Two Parliaments, and Answer thereto.
To the fourth Demand Craving that his Majesty may be graciously pleased to declare as an Act of his Royall Justice serving much to his own honour for the establishing of his Throne and for the good and peace of both Kingdomes that whoesoever shall be found upon triall and examination by the Estates of either of the two Parliaments (they judging against the persons subject to theire owne authority) to have been the authours and causers of the late and present troubles and combustion whether by labouring to make and foment division betwixt the King and his people or betwixt the two Nations or any other way shall be lyable to the censure and sentence of the said Parliaments respectively conform to the paper of December 9. 1640. It is answered upon the eleventh of December 1640. That his Majestie beleeveth that he hath none such about him and therefore concerning that point he can make no other declaration then that he is just and that all his Courts of Justice are free and open to all men his Parliament in this Kingdome is now sitting and the current Parliament of Scotland neere approaching the time of theire meeting to either of which he doth not prohibit any of his subjects to present theire just greivances or complaints of whatsoever nature each medling and judging against the persons subject to theire owne authoritie 11 December 1640. It is further answered upon the said eleventh of December 1640/1641 to the fourth demand concerning Incendiaries that his Majestie beleeveth he hath none such about him therefore concerning that point he can make no other declaration then that he is just and that all his Courts of Justice are free and open to all men his Parliament in this Kingdome is now sitting and the current Parliament in Scotland neere approaching the time of their meeting in neither of which respective he doth not prohibit the Estates to proceed in trying and judgeing of whatsoever of his Subjects And Whereas It was further demanded that as his Majestie would not hinder any of his Subjects to be tryed and judged by the Parliament so that none after the sentence of the Parliament should have accesse to his Majestie or be maintained or enjoy places or Offices and have credit or authoritie to inform and advise his Majestie conform to the paper of December 23. 1640. It is declared in his Majesties name upon December 30. 1640/1641beside his Majesties former answer his Majestie hath commanded us to declare in his name that he will not imploy any person or persons in Office or place that shall be judged incapable by sentence of Parliament nor will he make use of theire service without the consent of Parliament nor grant them accesse to his person whereby they may interrupt or disturbe that firme peace which he now so much desireth he being confident that they will proceed in a faire and just way and according to their severall professions with that respect to his honour which in reason he may expect from good and dutifull subjects 30 December 1640.
Fifth Demand, as to Restoration of Ships and Goods, and Answer thereto.
The fifth demand. That theire Ships and Goods and all damage thereof may be restored. Is condescended unto and to be reciprocall that all Ships and Goods taken at Sea or stayed in Ports with damage be restored on both sides and that some summarie course be agreed upon for the performance thereof upon [the (fn. 7) ] demands of the particulars on both sides conform to the paper of December 30. 1640. And further it was agreed upon the seventh of January 1640/1641 that all Ships taken and stayed should be reciprocally restored on both Sides and that the Scottish Commissioners having informed that about fourscore ships of Scotland are yet stayed in the Ports and are like to suffer much further losse and damage if they shall not be delivered into some hands who may have care of them It is agreed for the more speedy expeding of the Scottish Shipps and that the owners thereof be not longer damnified by the want of them that warrants shall be presently granted for delivery of all theire ships and that four thousand pounds be presently advanced for Caulking Sail Cordage and other necessaries for helping the present setting forth of the said Ships And for the rest of this Article when it shall come in the sixt demand it shall be agreed unto septimo Januarij 1640/1641.
Sixth Demand, as to the friendly Assistance and Relief to Scotland, and Answer thereto.
To the sixt demand Concerning the losses which the Kingdome of Scotland hath sustained and the vast charges they have beene put unto by the occasion of the late troubles and the reparations desired from the justice and kindnes of the Kingdome of England toward releife thereof in manner and upon the Grounds expressed in the paper of the seaventh of January 1640/1641. It is answered that this House thinks fit that a freindly assistance and releife shall be given towards supply of the losses and necessities of the Scots and that in due time this House will take into consideration the measure and manner of it conforme to the paper of the two and twentieth of January 1640/1641 And further the Parliament upon the third of February did declare that they did conceave that the sum of three hundred thousand pounds is a fit proportion of that friendly assistance and releife formerly thought fit to be given towards supply of the losses and necessities of theire brethren of Scotland and that the House would in due time take into consideration the manner how and the time when the same shall be raised conforme to the paper of the third of February 1640/1641 and given in to the Treaty upon the fifth thereof And Whereas it was desired by the Scottish Commissioners that the English Commissioners would let them know from the Parliament the security manner and termes of payment of the foresaid sum of three hundred thousand pounds and of the arreares due for [the (fn. 8) ] releife of the Northerne Counties. It was agreed unto by Warrant and Order of the Parliament that they should have fourscore thousand pounds as a part of the foresaid sum of three hundred thousand pounds with the whole arreares due to the Army before the disbanding thereof conforme to the paper of the 26 of May 1641. and given into the treaty the 27 of the said moneth. And concerning the security for payment of the remanent of the said sum of three hundred thousand pounds which is arrear extending to two hundred & twenty thousand pounds It is resolved and agreed unto by both Houses of Parliament that an Act of Parliament of publike faith shall passe for security thereof And that one moyetie or equall halfe of the same extending to one hundred and ten thousand pounds shall be paid at Midsomer in anno 1642. and the other moiety or equall halfe to ( (fn. 9) ) payed at Midsomer in anno 1643 as the order of the House of Parliament of the 19 and 25 dayes of June 1641 do more fully purport And in like manner Whereas it was desired by the Scottish Commissioners that they might know to whom they should adresse themselves for payment of the su[m]ms at the dayes appointed by the Parliament conforme the Parliaments determination of the nineteenth of June Secondly at what place the payment should be made Thirdly That a safe conduct may be granted for the secure transporting of the moneys to Scotland at the termes of payment agreed upon. It is answered and resolved by the Parliament That these Earles Lords and Commissioners following shall be the persons to whom the Scots shall adresse themselves for the receiving of the su[m]ms at the dayes appointed by the Parliament Earle of Bedford Earle of Essex Earle of Warwick Earle of Holland Earle of Stanford Lord Wharton Lord Mandevill Lord Brooke Mr Martin Sir Thomas Barrington Mr Capell Sir Arthur Ingram Sir Gilbert Gerrard Sir Robert Pye Mr Henry Bellasis Sir Walter Erle Sir William Litton Sir Henry Mildmay Sir Thomas Cheek Sir John Strangwaies Mr Arthur Goodwin Mr Hampden Alderman Soame Alderman Pennington. Resolved upon the Question That the place of payment shall be the Chamber of London. Resolved upon the Question. That a safe conduct shall be granted for the secure transporting of the money to Scotland at the termes of Payment agreed upon at the charge of the Scotts conforme to the paper of the 22. June 1641.
Seventh Demand, as to suppressing Writings, and Answerthereto.
To the seventh Demand Desiring that as his Majesty hath approven the Acts of the late Parliament wherein all such declarations proclamations books libels and pamphlets as have beene made written or published against his loyall and dutifull subjects of Scotland are recalled and ordained to be suppressed and destroyed so his Majesty may be pleased to give order that the same may be recalled suppressed and forbidden in England and Ireland and that the loyalty integrity and faithfulnesse of his Majesties subjects of Scotland towards his Majesties Roiall person and Governement may at the closing of the Treaty of Peace and the time of publique thanksgiving for the same be made known in all places and in all the parish Churches in his Majesties kingdomes. This was the more earnestly desired and confidently expected from his Majesties Justice and goodnes because no calamity or distresse hath so sore vexed or so deeply wounded the hearts of his Majesties subjects as that theire loyalty and love towards theire native King should have been contraverted and by the malignancie of bad instruments brought into suspition and because they unfainedly desire 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 honour as is more fully contained in the paper of the 8 of February 1640/1641 It is answered upon the tenth of February 1640/1641 Wee doe agree that Declarations Proclamations Acts Books Libels and [Phamplets (fn. 10) ] that have beene made and published against the loyalty and dutifulnes of his Majesties Subjects of Scotland shall be recalled suppressed and forbidden in England and Ireland and that this be reciprocall in Scotland if any such have beene made or published there in prejudice of his Majesties honour and this upon diligent enquiry to be done by the Authority of the Parliament next sitting in Scotland of which the Commissioners of Scotland doe promise to have an especiall care And we doe alsoe agree that when it shall please Almighty God to grant a happy close of this Treaty of Peace the loyaltie of his Majesties said Subjects shall be made knowne at the time of publique thanksgiving in all places and particularly in the parish Churches of his Majesties Dominions unto which wee are the rather induced for that you expresse how deeply it hath wounded the hearts of his Majesties said Subjects that theire loyaltie and love to his Majestie theire native King should be brought in question and suspition whereas they unfainedly desire 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 honour 10. February 1640/1641.
Eighth Demand, as to dismantling Berwick and Carlisle, and removing the Garrisons, and Answer thereto; As to Unity in Religion, and Uniformity of Church Government.; As to the King and Prince sometimes residing in Scotland.; As to choosing Officers of State, &c. in Scotland.; As to placing some Scotchmen about the King and Queen and Prince.; As to none being about the King and Prince but those of the reformed Religion.; As to the Copper Coin.
Concerning the eight Demand For an happy and durable peace which is the cheifest of all our desires and unto which all our former seven Articles being now agreed upon are as many preparations we doe first of all desire that all monuments tokens and shewes of hostility upon the borders of the two Kingdomes may be taken away and that upon the reasons and considerations particularly expressed in the paper of the tenth of February 1640/ 1641 That not only the Garrisons of Barwick and Carlile may be removed but that the workes may be sleighted and the places dismantled. It is answered and agreed upon the fourteenth of June that his Majestie is desirous that all things betwixt the Kingdomes of England and Scotland be reduced into the same state they were in before the begining of the late troubles And therefore he doth give his assent to the advice of the two Houses of Parliament that the Garrisons of Barwick and Carlile upon the disbanding of the Scotish Army now in England and of all such Forces as are gathered togeather in Scotland be likewise p[re]sently removed And that the Fortifications of Berwick and Carlile be also reduced to the same condition they were before the late troubles so that all Fortifications in Scotland be likewise put in the same condition they were before the said troubles and that the Workes be not repaired but suffered to decay and that the Ordnance and Am[m]unition be removed and that it be without prejudice to his Majesties former grant of the second demand concerning the keeping of the Castles of the Kingdome of Scotland the fourteenth of June 1641. To theire desire concerning unity in religion and uniformity of Church Government as a speciall meane for conserving of Peace betwixt the two kingdomes upon the grounds and reasons conteyned in the paper of the tenth of March given in to the Treaty and Parliament of England. It is answered upon the eleventh of June that his Majestie with advice of both Houses of Parliament doth approve of the affection of his subjects of Scotland in theire desire of having a conformity of Church Government between the two Nations And as the Parliament hath already taken into consideration the reformation of Church Government so they will proceed therein in due time as shall best conduce to the glory of God and Peace of the Church and of both Kingdomes undecimo Junij 1641. To theire desire of the Kings Majestie and the Prince their coming and residing sometimes in Scotland upon the reasons given in February 16. 1640/1641. It is answered upon the ninth of June that his Majesty doth take in good part the sense his subjects of Scotland have of his absence and the dutifull expression they make of theire desire to have him and the Prince his sonne frequently amongst them and assuring himselfe that they have no other intention in this demand but meerly to expresse their love to his person and the welfare of his ancient Kingdome he declares unto them that as he shall finde the urgency of those affaires require his presence and his other conveniencyes here permit he will repaire thither and the Prince his sonne so far as he may know and be acquainted with the people there 9 Junij 1641. To the desire concerning the manner of choosing and placing of the Officers of State Counsellers and Sessioners within the Kingdome of Scotland by advise of the Parliament upon the grounds and reasons given in March 15. 1640/1641 It is answered the ninth of June in his Majesties name We intend nothing more heartily and really then that our people should be governed by the Lawes of the Kingdome and that all Judges in their severall Judicatories should judge accordingly therefore wee will never allow nor permit that either Councellors Officers of State or Judges be exeamed from our and our Parliaments triall and censure for the discharging of theire duties in theire severall Offices and Places likewise we conceive that nothing will conduce more to the good of our service and the peaceable and happy Government of the Kingdom then that Offices of State Places of Councell and Sessions and other Judicatories be provided with honest able and qualified men for which end and because of our necessary absence from that kingdome which maketh the qualification of persons fit for places lesse known unto us Wee shall so far give eare unto the Informations of our Parliament and when our Parliament is not sitting of our Councell and Colledge of Justice as that we shall either make choice of some one of such as they by common consent upon the vacancy of the place shall recommend unto us or if wee shall conceive an other person to be fitter then any of those recommended we shall make the same knowne to the Parliament or in the time betweene Parliaments to our Councell and Session that from them we may be informed of the qualifications and abilities of the person named by us to the effect that if by theire information it shall appeare to us that there is just exception against the life and qualification of the said partie we may timely nominate some other against whom there shall be no just exception by which meanes we doubt not but that wee shall from time to time chuse such honest men as for theire knowne integrities and abilities shall be fit to discharge theire places of Offices with that duty and sufficiency which wee and our Subjects may justly expect which intention of ours being now so fully and cleerly expressed we doubt not but will give good satisfaction to our ensuing Parliament And as we never intended to remove just and able men from theire places in the Colledge of Justice so we do now declare for our peoples full satisfaction that theire places shall be provided unto them Quam diu se bene gesserint And if this our answer cannot content the Scottish Commissioners we doe then remit the whole answer to be considered by us or our Commissioners and the Parliament at the next sitting thereof 9. June 1641. To theire desire of placing some Scottishmen [men (fn. 11) ] of respect about the King and Queenes Majesties and the Prince his highnes upon the grounds and reasons given in the 9 of Aprill 1641. It is answered His Majesties Goodnes and grace towards his Subjects of Scotland in placing them about his owne person in places of greatest neernesse and trust hathe beene such as ought to give them full satisfaction of his Royall affection towards his subjects of his native Kingdome therefore for this point his Majestie needeth only to assure them that he shall continue the same care which hitherto he hath done for theire satisfaction in this particular and not onely so but shall recommend the same to the Prince his sonne that successively the kingdome of Scotland shall so taste of the care of their Soveraigns that by the grace of God they shall never want a sufficient number of honest and sufficient persons of that Nation about the Kings person and Prince against whom there shall be no just exception 9. June 1641. To theire desire that none may have place about his Majestie and the Prince but such as are of the reformed religion in manner expressed in the paper 1. of April 1641. It is answered That his Majestie doth conceive that his subjects of Scotland have no intention by this proposition (especially by way of demand) to limit or prescribe unto him the choice of his servants but rather to shew theire zeale to religion wherein his owne piety will make him doe therein that which may give just satisfaction to his people 9 June 1641. To theire desire given in the first of Aprill concerning Copper Coin. It is answered Whereas the Scottish Commissioners have represented unto His Majestie the great prejudice sustained by the Kingdome of Scotland through the coyning of Copper money which hath passed there this long time by gone for seven times above as much as the true value and worth thereof contrary to the continuall custome of that kingdome And therefore desiring that no Copper money be coyned hereafter without consent of the Estates convened in Parliament who may remedy the present prejudices the Countrey sustaines thereby and who upon good consideration of the necessity thereof in time to come may appoint such a competent proportion as is fit and as [they (fn. 12) ] countrey shall require for the use of the poore and for change in buying and selling of Commodities and that the same shall not passe but according to the intrinsick value thereof with the allowance of a tenth part or such a proportion as the Parliament shall thinke fitt to allow for the impression and workmanship in coyning His Majesty is gratiously pleased to recommend unto the ensuing Parliament of Scotland the whole matter of Copper Coyn and remits to their consideration to take such order therein as they shall thinke fitting not onely concerning the Copper Coin to be coined hereafter but also the Copper money already coined how the same shall take vent and passe in payment in time coming conform to the paper of the 9 of June.
Concerning an Act of Pacification and Oblivion.
As to an Act of Pacification and Oblivion.; To what Persons the Benefit of such an Act shall not extend.; Proviso for Recovery of Debts due by, and Arrears due to, the Scottish Army; and for the friendly Assistance and Relief.; As to Ships of the King or others stopping the Trade of the Kingdom.; As to persons levying Armies, &c.; Proviso as to particular Quarrels upon the Borders.; Powers of the Commission restrained to the Articles of Peace in this Treaty.; As to the ensuing Parliament of Scotland having Power to ratify the Treaty.; As to the Powers of the King's Commissioners then sitting, &c.; As to Offenders in one Kingdom removing into another.; As to extending this Provision to Debts as well as Crimes.
It is agreed unto That in the approaching Parliament of Scotland there shall be an Act of Pacification declaring that the late Commotions and troubles arising from the innovation of Religion and Corruption of Church Government by the mercy of God and the Kings Royall Wisdom and fatherly care are turned into a quiet calm and comfortable peace lest either his Majesties love or the constant loyalty of his subjects in theire intentions and proceedings be hereafter called in question and that such things as have fallen forth in these tumultuous times while Lawes were silent whether prejudiciall to his Majesties honour and authority or to the lawes and liberties of the Church and Kingdome or to the particular interest of the subject (which to examine and censure in a strict course of Justice might prove an hinderance to a perfect peace) may be buried in perpetuall oblivion So it is expedient for making the peace and unity of his Majesties Dominions the more firm and faithfull and that his Majesties countenance against all fears may shine upon them all the more comfortably that an Act of Pacification and Oblivion be made in the Parliaments of all the three Kingdomes for burying in forgetfulnes all Acts of Hostility whether betwixt the King and his subjects or betweene subject and subject or which may be conceived to arise upon the coming of any English Army against Scotland or the coming of the Scotish Army into England or upon any Action Attempt Assistance counsell or [device (fn. 13) ] having relation thereunto and falling out by the occasion of the late troubles preceding the conclusion of the treaty and the return of the Scotish Army into Scotland that the same and whatsoever hath ensued thereupon whether trenching upon the lawes and liberties of the Church and Kingdome or upon his Majesties honour and authority in no time hereafter may be called in question or resented as a wrong nationall or personall whatsoever be the quality of the person or persons or of whatsoever kind or degree civill or criminall the injury be supposed to be and that no mention be made thereof in time coming neither in judgement nor out of judgement but that it shall be held and reputed as though never any such thing had beene thought nor wrought And this to be extended not onely to all his Majesties subjects now living but to theire heires executors successors and all others whom it may concerne in any time to come And for that end that by the tenour of this Statute all Judges Officers and Magistrates whatsoever be prohibited and discharged of directing of Warrants for Citation processing or executing any sentence or judgement upon record or any way molesting any of his Majesties lieges concerning the premisses in all time coming like as that his majesty for himselfe and his successours promise in verbo Principis never to come in the contrary of this Statute or Sanction nor any thing therein contained but to hold the same in all points firm and stable and shall cause it to be truly observed by all his Majesties lieges according to the tenour and intent thereof for now and ever And that in all time coming these presents shall have the full force and strength of a true and perfect security as if they were extended in most ample and legall forme Providing that the benefit of the said Statute shall no wayes be extended to any of the Scottish Prelates or to John Earle of Traquaire Sir Robert Spotswood Sir John Hay and [Master (fn. 14) ] Walter Belcanquall cited and pursued as incendiaries betwixt the Kingdomes and betwixt the King and his people and for bribery corruption and many other grosse crimes contained in theire charges generall & speciall nor to any other person who are cited and shall be found by the Parliament of Scotland in his Majesties or his Commissioners theire owne hearing to be so extraordinary guilty of these and the like crimes as they cannot in Justice and with the honour of the King and Countrey passe from them Provided further that the benefit of this Act shall not be understood to extend to the favour of theeves robbers murtherers broaken men [horners (fn. 15) ] outlawers nor theire receptors with reservation also of the legall pursuites and processes of the Scots in Ireland for the reparation of theire losses according to justice against such who have illegally wronged and persecuted them since by one of the Articles of the Treaty they are appointed to be restored to their meanes and estates. It is also to be understood that nothing is meaned hereby to be done in p[re]judice either of the payment of the debts oughten upon promisses or security by the Scottish Army to any of the Counties or to any person there (the same being instructed before the removall of the Scottish Army) or of the arreares due to the Scottish Army or to that brotherly assistance granted them by the Parliament of England. That the great blessing of a constant and freindly conjunction of the two Kingdomes now united by allegeance and loyall subjection to one Soveraigne and Head may be firmly observed and continued to all posteritie It is agreed that an Act be past in the Parliament of England that the Kingdome of England or Ireland shall not denounce nor make war against the Kingdome of Scotland without consent of the Parliament of England as on the other part it shall be enacted there that the Kingdome of Scotland shall denounce nor make wars against the Kingdom of England or Ireland without the consent of the Parliament of Scotland. No Ships either of the Kings or Freebooters or others shall stop the trade of the Kingdome or hinder or harme theire neighbour kingdome without consent of Parliament declaring a breach of Peace And if any Armies shall be levied or trade stopped and neighbors harmed or wronged the estates of the Countrie by which it is done to be obliged to pursue take and punish the Offendors with all rigour And if any of the Kingdoms assist receave or harbour them they ought to be punished as breakers of the peace and if after complaint and remonstrance to the Commissioners after mentioned and to the Parliament redresse and reparation be not made then in that case the same ( (fn. 16) ) be counted a breach of the peace by the whole kingdome And in case any of the Subjects of any of the Kingdomes shall rise in Armes or make war against any other of the kingdoms and subjects thereof without consent of the Parliament of that kingdome whereof they are subjects or upon which they doe depend that they shall be held reputed and demained as traitours to the Estates whereof they are subjects and that both the Kingdoms in that case be bound to concur in the repressing of those that shall happen to arise in Armes or make war without consent of their own Parliament and that the way of convening forces for suppressing such as levy war be as in case of invasion Provided that this be not extended to any particular quarrels upon the Borders And that it be enacted that in such case it shall be lawfull for any of the subjects to convene to suppresse such evill affected persons and that each kingdome shall be bound by publique faith punctually to performe this Article And if either Parliament shall denounce war they shall give three monthes warning that the peace to be now established [may (fn. 16) ] be inviolably observed in all time to come It is agreed that some shall be appointed by his Majestie and the Parliaments of both Kingdoms who in the interim betwixt the sitting of the Parliaments may be carefull that the peace now happily concluded may be continued and who shall endeavour by all meanes to prevent all troubles and divisions And if any debate or difference shall happen to arise to the disturbance of the Common Peace they shall labour to remove or compose them [according (fn. 17) ] to theire power It being supposed that for all theire proceedings of this kinde they shall be answerable to the Kings Majestie & the Parliaments and if any thing shall fall forth which is above theire power and cannot be remedied by them they shall informe themselves in the particulars and represent the same to the Kings Majestie and the ensuing Parliament that by their wisdoms and authoritie all occasion and causes of troubles [being (fn. 17) ] removed the peace of the Kingdome may be perpetuall to all posteritie And it is declared that the power of the Commission shall be restrained to the Articles of Peace in this Treatie. Where it is desired that an Act may be made in the Parliament of England for ratifying of the Treaty and all the Articles thereof which is likewise to be ratified in the Parliament of Ireland (which in all the Articles is comprehended under the name of England) And after the treatie is confirmed in the said English Parliament and all other necessary conditions performed the Armies on both sides shall att a certaine day to be appointed for that effect remove and disband so that when the Scottish Army shall remove from Newcastle the English Army shall likewise be disbanded and repaire home to theire severall Countreys and Places of theire residence and the Irish Army to be disbanded before that time that hereafter a quiet and durable peace may be kept according to the Articles And that this treaty and whole proceedings thereof may be likewise ratified in the Parliament of Scotland and a firme peace established It is desired that his Majestie may be gratiously pleased now to declare that the ensuing Parliament of Scotland shall have full and free power as the nature of a free Parliament of that kingdome doth of it selfe import to ratifie and confirme the treatie and whole Articles thereof and to receive account of all Commissions granted by them examine theire proceedings and grant exonerations thereupon and to treate deliberate conclude and enact whatsoever shall be found conducible to the setling of the good and peace of that Kingdome And that his Majesties Co[m]missioners shall be authorized with full power to approve whatsoever Acts & Statutes which upon mature deliberation shall happen to be accorded unto by the Estates in that behalfe and shall sit and continue without interruption or prorogation while all things necessary for that effect be determined inacted and brought to a finall conclusion unlesse for the better convenience of affairs his Majesties Commissioner with the speciall advice and assent of the Estates shall thinke fit to adjourne the same to any other time which shall no wayes derogate from the full and perfect concluding of the whole premisses before the said Parliament be dissolved. This whole Article is assented unto in so far as concerns the dayes and circumstances of disbanding to be agreed unto. Forasmuch as the severall jurisdictions and administrations of Justice in either Realm may be deluded and frustrated by delinquents for theire owne impunity if they shall commit any offence in the one Realm and thereafter remove theire persons and make theire abode in the other Therefore that no person sentenced by the Parliament of either Nation as Incendiaries betwixt the nations or betwixt the King and his people shall enjoy any benefit civill or ecclesiasticall or have any shelter or protection in any other of his Majesties Dominions like as where malefactors and Criminals guilty of the crimes mentioned in the Act of Parliament 1612. Cap. 2. and others of that nature and committed by Scottishmen within the Kingdomes of England or Ireland or any part thereof are taken and apprehended in England or Ireland that it shall be lawfull to the Justices of England or Ireland to remaund them to Sea or Land as the Acts beares And further if any Malefactors committing crimes in Scotland England or Ireland being duely processed in the Kingdoms where the crimes are committed and being fugitives or remaining in any other of the Kingdomes foresaids that the Judges of either Kingdome shall be houlden at the instance and suite of the partie offended to take and remaund the criminals and Malefactors to the Kingdomes where the crimes were committed and the like to be made in Scotland And this would be extended aswell to debts as crimes and what further is requisite concerning this and other particulars for setling of peace in the middle Shires and accelerating Justice upon the Delinquents both in civill and criminall causes is to be considered by the Committee appointed for that effect. It is answered that such persons as shall be Natives in either Kingdome and shall commit any offence in the Realme whereof they shalbe Natives and shall afterwards remove their persons into the other and such persons as shall be Inhabitants in either Kingdome and shall commit any Offence in the Realm where they shall be Inhabitants during the time of their habitation there and shall afterwards remove theire persons into the other and shall be for the same censured by the Parliament of that Nation where the offence was committed as Incendiaries betwixt the nations or betwixt the King and his people shall not enjoy any benefit civill or ecclesiasticall or have any shelter or protection in any other of his Majesties Dominions And that such Scottish Natives incensing the King of England against the Kingdome of Scotland shall be remaunded at the desire of the Scottish Parliament into Scotland to abide theire tryall and censure there so that the same be reciprocall to both Nations but other criminals and debts to be referred to the Lawes.
The Propositions and Articles given in by the Scottish Commissioners after the Lord Lowdons return from the Parliament of Scotland.
Propositions by the Scottish Commissioners after Lord Lowdon's Return from the Parliament of Scotland.
That the Treatie of Peace may be brought to a speedie and happie close Wee doe offer to your Lordshipps consideration the particulars following.
First.; Second.; Third.; Fourth.; Fifth.; Sixth.; Seventh.; Eighth.; Ninth.; Tenth.; Eleventh.; Twelfth.
1. That so soone as the Scottish Army shall remove out of England to Scotland the English Garrisons of Barwick and Carlile may remove simul et semel.
2. Lest Malefactors who have committed theft murder and the like crimes crave the benefit of the Act of Pacification and Oblivion for whom it is no wayes intended there would be an exception from the said Acts of all legall persuits intended or to be intended within the space of an yeare after the date of the treaty against theeves sorners Outlawers fugitives murderers broken men or their receptaries for whatsoever thefts rifes hareships oppressions depredations or murthers done or committed by them and all lawfull decreits given or to be given by the Parliament or any Commissioners to be appointed by them for that effect who shall have power to dignosce and take cognition whether the same falls within the said Act of Pacification or Oblivion or not.
3. It is desired that the demaund concerning the not making or denouncing war with forraigners without consent of both Parliaments may be condescended unto by the King and Parliament of England which is ordinary and universally observed in all mutuall leagues which are both offensive and defensive and because the wars denounced by one of the Kingdomes with forreigners although made without consent of the other Kingdome will engage them by necessary consequence or if the consideration of this proposition shall require longer time then the present condition of the important affairs of the Parliament may permitt and least the speedy close of the treaty be thereby impeded it is desired that this demand with the other two Articles of the same nature the one concerning leagues and confederations and the other concerning mutuall supply in case of forraign invasion may all three be remitted to Commissioners to be chosen by both Parliaments who shall have power to advise and treat thereupon for the good of both Kingdoms and report to the Parliaments respectively.
4. It is desired that the Articles concerning trade and commerce naturalization mutuall priviledge and capacity and others of that nature already demanded may be condescended unto by the King and Parliament of England and namely that demand anent the pressing of men and ships by sea or land or if shortnes of time and exigence of affaires may not permit the present determination of these demands it is desired that the same (except so many of them as are already agreed unto by the Commissioners for trade) may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof for the good of both Kingdomes and to make report to the Parliaments respectively and that the Charters or Warrants of the Scotch nation for freedom of Shipping in England or Ireland from all customs imposts duties and fees more then are paid by the Natives of England or Ireland granted by King James under the broad Seal of England upon the eleventh day of Aprill in the thirteenth yeare of his reign and confirmed by King Charles upon the nineteenth of Aprill in the eight yeere of his reign may be enacted and ratified in this Parliament.
5. That the extracts of Bonds and decreits put upon record and register in Scotland may have the like faith and execution as the French Tabellions have in England and Ireland seeing they are of a like nature and deserves more credit and if this cannot be done at this time that it be remitted to the former Commission from both Parliaments.
6. The manner of safe conduct for transporting the moneys from England to Scotland by Sea or Land would be condescended upon in such way as the charges be not exorbitant and may be presently knowne.
7. The tenour of the Commission for conserving of Peace would be condescended unto togeather with the times and places of meeting and whole frame thereof the draught whereof when it is drawn up in England is to be represented to the Parliament of Scotland that they may make the like Commission and name their Co[m]missioners for that effect.
8. The Parliament of Scotland doe joyne theire earnest and hearty desires and craves the Parliaments of Englands concurse that none be placed about the Princes Hignesse but such as are of the reformed religion.
9. That an Act of Parliament of publique faith for payment of the 220000 pound which is arreare of the brotherly assistance may be presently framed and exped according to the termes agreed upon.
10. It is desired that the Quorum to whom the Scots should addresse themselves for payment of the two hundreth and twenty thousand pounds be condescended upon.
11. That the Order for recalling all Proclamations &c. made against his Majesties Subjects of Scotland be drawn up and intimate in due forme and time with the publique thanksgiving at all the parish churches of his Majesties Dominions.
12. It is desired that the Articles concerning the Castle of Edenburgh and other strengths of that Kingdome may be understood to be that the samen shall be disposed of for the weale of the Kingdome as the King and Parliament shall thinke it expedient.
The English Lords Commissioners answer.
The English Lords Commissioners Answer to the First Proposition.; to the Second.; to the Third.; to the Fourth, Fifth, and Sixth.; to the Seventh.; to the Eighth.; to the Ninth.; to the Tenth.; to the Eleventh.; to the Twelfth.; The said Treaty ratified; and to be observed for ever.
That upon the disbanding of the Scottish Armie the Garrisons of Barwick and Carlile shall be removed according to the Article of the treatie in that behalfe.
The second Article is condescended unto according to the Provision added to the Act of Pacification.
The third demand concerning making of War with forraigners with the other twoe Articles concerning leagues and Confederations and concerning mutuall supply and assistance against foraign Invasion is agreed to be referred to Commissioners to be chosen by his Majestie and the Parliaments.
As likewise the fourth fift and sixt Articles concerning Trades Commerce Naturalization mutuall priviledges and capacity and other of that nature and the demands concerning the extract of Bonds and decreits and the manner of safe conduct for transporting the moneyes from England to Scotland are all referred to be taken in consideration by the Commissioners to be appointed by both Parliaments who shall have power to advise and treat thereupon and report to the Parliament respective.
It is just that the tenor of the Commission for conserving of Peace should be agreed on by mutuall consent but the closing of the treaty not to stay hereupon but to be left to the Commissioners to be named.
To that desire concerning such as should be placed about the Prince the King hath already given a clear and satisfactory answer.
That there be an Act of Parliament of publique faith for securing the payment of 220000 pounds which is arrere of the brotherly assistance is just and order is given for it accordingly and it shall be communicated with the Scottish Commissioners that it may be a perfect security.
The tenth for appointing a Quorum for attending the payment of the money is already moved to the Parliament and will be done as is desired.
The eleventh Article is very just and Order shall be given accordingly for recalling all Proclamations and for publique thanksgiving.
This twelfth Article for the Castle of Edinburgh and other strengths of Scotland is to be setled betwixt his Majestie and the Commissioners of Scotland or by his Majestie and Parliament of Scotland.
All which Articles are assented unto and approved by his Majestie with the advice of the Parliament of England and by the Committees of the Parliament of Scotland and are necessary for publique declaration of mutuall consent and for firme observation to be confirmed and ratified in the Parliaments of both Kingdomes. Be it therefore enacted by his Majestie with the assent of the Lords and Commons in this present Parliament assembled that the said Treaty and the Articles thereof assented unto as aforesaid be and stand for ever ratified and established and have the force vigour strength and authority of a Law Statute and Act of Parliament.
Like as this above written Treaty and whole Articles thereof are by his Majestie and the Estates of the Parliament of Scotland to be enacted and ordained to have in all time coming the full force and strength of a true and perfect security and Act of the said Parliament. And his Majesty for himselfe and his successours doth promise in verbo Principis never to come in the contrary of this Statute and Sanction nor any thing therein contained but to hold the same in all points firme and stable and shall cause it to be truly observed by all his majesties lieges according to the tenour and intent thereof for now and ever. Like as the Parliaments of both Kingdomes gives full assurance and do make publique faith in name of both Kingdomes respectively for the true and faithfull observance of this treatie and whole Articles thereof inviolably hinc inde in all times to come.