QVESTIONS EXHIBITED BY THE PARLIA­MENT NOVV IN SCOT­LAND ASSEMBLED, CONCERNING The Earle of Montroise his Plott.

AS ALSO, Their order to Generall Lesly for Marching of the Army: and some Parlia­ment occurences there. Rege presente.

Printed in the yeare 1641.

QVESTIONS Concerning the Earle of Montrois his Plott.
As the present question anent the Plotters stands, it is neither vpon the relevan­cy, nor probation of the Articles layd to their charge; but onely, to be the ground of citation, where vpon these Questi­ons are moved.

1 WHether in law and equitie there bee a sufficient ground, for Citation of the Plotters upon Perjury, for breaking the Oath of the Covenant; their Oath at the receiving of their charge at the Committees; and their Oath at the Subscribing of the Gene­rall Bond, for maintaining the Acts of Parlia­ment: all which are instanced (besides many other particulars) in the 1. Article.

By their divifive motions. By their false ac­cusations of the Committee of Estate for per­jury. [Page 4]By their vnderhand dealing, contrary to their publike faith, subscription, and generall course of the Committee of Estate. By their seeking publike preferment for themselues, and contrary to the publike Warrant. By their keeping backe of their Companies from the Armie, against the generall orders, to the great publike prejudice. By their plots for disban­ding of our Army, without the knowledge of the Estate or General. By the intelligence with the enemy. By rasing division betwixt the No­bility & Committee of Estate. By their dealing with Traquair, and for him contrary to their publike Oath, protestations, and instructions. As is fully exprest in the 1. Article.

2 Whether in law and equity there be a suffi­cient ground for citation of makers of lyes, and lying reports, which may ingender discord be­twixt the King and his people especially when these lyes are invented and vented against a Parliament, and the Committees from the Parliament, as intended to depose the King, or to dedestroy his Royall Antiquities. As is more largely expressed in the 2. Article.

3 Whether in law and equity there be a suffi­cient ground for citation of any who enters in Treaty of Communication and friendship with an utter or a vowed enemy of the Estate, de­clared and avowed so often by the Estates, and by themselves as members of the Estate: ac­cording to the particulars now fully set downe in the 3. Article.

4 Wether in law and equity there be a suffi­cient ground for citation of any who hath ex­pressed dishonourable and reproachfull spee­ches of the Kings Majestie and of his govern­ment &c. According to the 4. Article.

5 Whether in law and equitie there be suffici­ent ground for citation of any person who hath combyned with the a voued and publike ene­my of the Estate, for the ransversing of some Actes of the last Parliament, and Articles of the Treaty, notwithstanding of the subcribing of the Bond of maintenance, and publike in­structions contrary therevnto. As is largly set downe in the 5. Article.

6 Whether in law and eqiutie there be suffici­ent ground for citation of any person who hath procured the deminition and innovation of the dignity and authoritie of the Parliament, contrary to the publike faith, instructions and Actes of Parliament. As is fully set downe in the 6. Article.

7 Whether in law and equitie there be suffi­cient ground for citation before the Parlia­ment, such contumatious persons, as will no wayes answer vnto, nor acknowledge the Committee of Estates established by Acte of Parliament which themselves are bound to miantaine, according to the generall Bond &c. As is particularly set downe in the 7. Article.

8 Whether in law and equitie there be suffici­ent ground for citation before the Parliament: any who contrary to their oath and subscipti­ons hath practised and entercommuned with [Page 6]the avowd enemies of the Estate: against whom commission was directed by the Estate: As is more largely se [...] downe in the 8. Article.

Orders by the Parliament for Marching of the Scottes Army.

THat the Generall may dismisse such Re­giments whom hee thinkes fitt; to goe home by the neerest way, to their owne Shyres, when they crosse Tweed. And for the remnant whom hee brings a long this way, that hee would bee advancing with those Regiments, which cannot be disbanded, till they come thither.

That the Generall satisfie all those whom he thinkes necessary to dismisse, as he and they can agree; but that this Pay bee not given to the Souldiers, but onely some portion, for their expences vpon the way: And the rest thereof delivered to Officers, or responsall Gentlemen, till they come to the places where they are to disband, (within their owne shires) and deliver their Horses and Armes. And where that agreement cannot be made; and the accompts are not fitted, that what is detained, is not of the Pay due to the Officers, till the said Officers com heere, to fitt the accompts; and that the Armes and Horses bee delivered: and that consideration be had by the Generall of the skaith, or damage don by some Regi­ments and Troupes, to the Shyres where they were inquartered in England, (for the which securitie is given them by the Committee) that the same may be deduced off the Pay due [Page 7]to the Regiment or Troupe; or at least, consi­deration be had of the same. And although this be the opinion of the Parliament: yet they will not tye the Generall to the absolute obedi­ence thereof: but permits him to vse his owne discretion, according as he finds the necessity, or expedience of the Army to require.

The 26. of August 1641. Rege presente.

THe Kings Majestie and Estates of Parlia­ment, Ratifies the Treaty, and approues the Act of Ratification, which was sub­scribed by his Majesties owne hand: and sub­scribed by the President. (the L. Balmerinoth) and both the Treaty, & the Act of Ratification foresaid touched with the Scepter; the Kings advocate produced a paper, which hee desired to be prefixed to the Treaty, when it shall passe the Great Seale. Whereof appoints a Coppie to be given to every Estate, that they may bee advised therewith.

The Estates appoints Committees to keepe their meetings precisely at 3. a clock in the af­ter noone, in the Parliament house: vnder the same paines for absence and late comming. As is contained in the Act, for absence in the Par­liament, or late comming. And ordaines the ordinary Massers to attend them.

The Estates nominates the Earles of Argile, Casles, and Louthian, for the Nobillitie. The Lairds of Dundas, Jnnes, and Kersse for the Barons, the Commissioners of Aberdin, Glas­gowe, and Eurwen, for the Borroughes, and o­ther [Page 8]Commissioners as they are called. And Mr Archibald Johnston to speake with his Ma­jestie anent these things which are not fully determined in the Treatie, but remitted to bee concluded by the King and Parliament. And is to desire his Majestie that he would consent these former Actes may be proposed, and pre­pared in this Session of Parliament: (where­of his Majestie hath an index) and may be now enacted. And to speake to the King, anent the disbanding of the English Army, & Garrisons of Barwick, and Carleil, conforme to the Treaty.

This day a Committee was sent to his Ma­jestie to know his Royall pleasure anent pla­cing of Officers of Estate; And that nothing may be don in this, without consent of Par­liament. Vnto which his Majestie assented, provisionally that it might not prejudice Sir Iohn Hamilton of Orbiston whom hee had now made Clarke. Register.

There is a motion made, that no office of Estate, or Iustice or Iudges place, may bee bought or sould.

August 27.

Mention being made this day of his Ma­jesties Declaration, and Act following thereupon; anent the committing of the Laird of Lanton, to be omitted out of the Records; and onely the last part of the Act to be Recorded, making mention, that his Majestie for himselfe, and his successors, declares; That he will not commit any Member of the House, without advice of the House, for any misdemenuor in time of Parliament.

FJNJS.

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