[235] Improbation—a form of process in the law of Scotland, under which the testimony of a witness was challenged.
[236] Although these several Declarations are to be found in the Acts (Records, pp. 207 and 208), yet, as the terms of them formed the subject of future debates, we have inserted them here, as we find them detailed in the report of proceedings in the Folio MS.
[237] Vide Report, p. 251.
[238] Amidst the multiplicity of documents, and of authorities to which we are obliged to resort for them, we see, on looking into Rushworth, that two have been omitted, which we take the earliest opportunity of supplying. These are, a Note by Lord Lowdon, at a conference with the King, on 11th June 1639, and his Majesty’s answer thereto, on the 13th. These are important, as shewing the primary basis of the negociation. They are in the following terms:—
“Memorandum.—That our desires are only the enjoying of our Religion and Liberties, according to the ecclesiastical and civil laws of his Majestys Kingdom,
“To clear, by sufficient grounds, that the particulars are such, we shall not insist to crave any point which is not so warranted. And we humbly offer all civil and temporal obedience to your Majesty which can be required or expected of Loyal Subjects.—(Signed) Lowdon.”—(Rushworth, vol. iii., p. 941.)
At the next Meeting in the King’s Camp, on the 13th, (where Henderson and Johnston were present,) the following answer, by the King, to Lowdon’s Memorandum, was produced:—
“That, whereas his Majesty, the 11th of June, received a short paper of the general grounds and limits of their humble desires, his Majesty is graceously pleased to make this answer. That, if their desires be only the enjoying of their religion and liberties, according to the ecclesiastical and civil laws of his Majestys Kingdom of Scotland, his Majesty doth not only agree to the same, but shall always protect them to the uttermost of his power; and if they shall not insist upon any thing but that is so warranted, his Majesty will most willingly and readily condescend thereunto, so that in the meantime they pay unto him that civil and temporal obedience which can be justly required and expected of Loial Subjects.—At his Majestys Camp, the 13th of June 1639.”—(Ibid., p. 942.)
We may also note that Rushworth gives all the dates more precisely than we find elsewhere. The Earl of Dunfermline went to the King’s from the Scotch Camp, on the 6th, with the petition from the Covenanters, (No. 49 of Documents, p. 225;) and Sir E. Verney returned with him, bearing the King’s answer, (No. 50, p. 226;) the “Reasons and Grounds,” &c., were produced on the 13th. The Scots deputies returned on Saturday the 15th, and again on Monday the 17th; and the treaty was signed on the 18th. On the 22d, the King left the Camp for Berwick; and, on the 24th, his army was dismissed and dissolved.—Rushworth, p. 943-946.
[239] Vide Report, p. 268.