questions EXHIBITED BY THE PARLIAMENT NOW IN SCOTLAND ASSEMBLED, CONCERNING The earl of Montroise his plot. AS ALSO, Their order to general Lesly for Marching of the Army: and some Parliament occurrences there. Rege present. Printed in the year 1641. questions Concerning the earl of Montrois his plot. As the present question anent the Plotters stands, it is neither vpon the relevancy, nor probation of the Articles laid to their charge; but onely, to be the ground of citation, where vpon these Questions are moved. 1 WHether in law and equity 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 general 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. By their underhand dealing, contrary to their public faith, subscription, and general course of the Committee of Estate. By their seeking public preferment for themselves, and contrary to the public Warrant. By their keeping back of their Companies from the army, against the general orders, to the great public 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 public Oath, protestations, and instructions. As is fully expressed in the 1. Article. 2 Whether in law and equity there be a sufficient ground for citation of makers of lies, and lying reports, which may engender discord betwixt the King and his people especially when these lies are invented and vented against a Parliament, and the Committees from the Parliament, as intended to depose the King, or to dedestroy his royal 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 down in the 3. Article. 4 Wether in law and equity there be a sufficient ground for citation of any who hath expressed dishonourable and reproachful speeches of the Kings majesty and of his government &c. According to the 4. Article. 5 Whether in law and equity there be sufficient ground for citation of any person who hath combined with the avoued and public enemy of the Estate, for the ransversing of some acts of the last Parliament, and Articles of the Treaty, notwithstanding of the subcribing of the Bond of maintenance, and public instructions contrary thereunto. As is largely set down 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 authority of the Parliament, contrary to the public faith, instructions and acts of Parliament. As is fully set down in the 6. Article. 7 Whether in law and equity there be sufficient ground for citation before the Parliament, such contumatious persons, as will no ways answer unto, nor aclowledge the Committee of Estates established by act of Parliament which themselves are bound to miantaine, according to the general Bond &c. As is particularly set down in the 7. Article. 8 Whether in law and equity there be sufficient ground for citation before the Parliament: any who contrary to their oath and subsciptions hath practised and entercommuned with the avowd enemies of the Estate: against whom commission was directed by the Estate: As is more largely se● down in the 8. Article. Orders by the Parliament for Marching of the Scottes Army. THat the general may dismiss such Regiments whom he thinks fitt; to go home by the nearest way, to their own shires, when they cross Tweed. And for the remnant whom he brings a long this way, that he would bee advancing with those Regiments, which cannot be disbanded, till they come thither. That the general satisfy all those whom he thinks necessary to dismiss, as he and they can agree; but that this Pay bee not given to the Souldiers, but onely some portion, for their expenses vpon the way: And the rest thereof delivered to Officers, or responsal Gentlemen, till they come to the places where they are to disband,( within their own shires) and deliver their Horses and arms. And where that agreement cannot be made; and the accounts are not fitted, that what is detained, is not of the Pay due to the Officers, till the said Officers come here, to fitt the accounts; and that the arms and Horses bee delivered: and that consideration be had by the general of the scathe, or damage don by some Regiments and troops, to the shires where they were inquartered in England,( for the which security is given them by the Committee) that the same may be deduced off the Pay due 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 tie the general to the absolute obedience thereof: but permits him to use his own discretion, according as he finds the necessity, or expedience of the Army to require. The 26. of August 1641. Rege present. THe Kings majesty and Estates of Parliament, Ratifies the Treaty, and approves the Act of Ratification, which was subscribed by his Majesties own hand: and subscribed by the President.( the L. Balmerinoth) and both the Treaty, & the Act of Ratification foresaid touched with the sceptre; the Kings advocate produced a paper, which he desired to be prefixed to the Treaty, when it shall pass the Great seal. Whereof appoints a copy to be given to every Estate, that they may bee advised therewith. The Estates appoints Committees to keep their meetings precisely at 3. a clock in the after noon, in the Parliament house: under the same pains for absence and late coming. As is contained in the Act, for absence in the Parliament, or late coming. And ordains the ordinary Massers to attend them. The Estates nominates the earls of Argile, Casles, and lothian, for the Nobillitie. The Lairds of Dundas, Jnnes, and Kersse for the Barons, the Commissioners of Aberdin, Glasgowe, and Eurwen, for the boroughs, and other Commissioners as they are called. And Mr Archibald Johnston to speak with his majesty anent these things which are not fully determined in the treaty, but remitted to bee concluded by the King and Parliament. And is to desire his majesty that he would consent these former acts may be proposed, and prepared in this Session of Parliament:( whereof his majesty hath an index) and may be now enacted. And to speak to the King, anent the disbanding of the English Army, & Garrisons of Barwick, and Carleil, conform to the Treaty. This day a Committee was sent to his majesty to know his royal pleasure anent placing of Officers of Estate; And that nothing may be don in this, without consent of Parliament. unto which his majesty assented, provisionally that it might not prejudice Sir John Hamilton of Orbiston whom he had now made clerk. Register. There is a motion made, that no office of Estate, or Iustice or Iudges place, may bee bought or sold. 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 majesty for himself, 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.