we might also go further back than to the Covenant and Treaties and plead the common and equall interest of the Kingdoms in their common Head and Soveraign ever since they were so united as may sufficiently appear even by some instances in his Majesties time who now reigns over us It may be remembred as to the interest of Scotland that when his Majestie was first invited and desired to come into that Kingdome to be Crowned It was represented by the Lords of his Majesties Privie Councell in England that the great affairs of this Kingdom could hardly dispence with his Majesties going to Scotland And therefore that either he might receive his Crown of Scotland by a Vicegerent there or that it might be sent hither unto him Like as this present Parliament when the King went last into Scotland to settle the Peace of that Kingdom did earnestly desire and presse that Hee might not goe but that hee might stay here for the urgent affairs of this Kingdome But both in the one case and in the other the interest of the Kingdom of Scotland was preserved And as it was most necessary that His Majestie should go into that Kingdom for reciving that Crown so His Majesty found it expedient to goe thither for the setling of Peace It may also be remembred as to the interest of England that the English Nobility both at the Berks Anno 1639 and at York 1640 whose letters to that purpose are yet extant and to be seen And this Parliament Anno 1641 did claime an interest to see and know our demands proposed to the King that neither His Majesty nor themselves might be hereby prejudiced But the present question needeth not go so farre upon a back trade whatsoever the joynt interest of the Kingdoms was formerly it is without controversie now much more conioyned And unlesse we lay aside the Covenant Treaties Declaration of both Kingdomes and three years conjunction in this warre Neither the one Kingdom nor the other must now look back what they might have done singly before such a strict Union but look forward what is fittest to be done by both joyntly for the common good of both and for the ends of the Covenant which both are obliged joyntly to prosecute and promote So that the true and proper question in this conjuncture of affairs is whether both Kingdoms have not a joynt and common interest in disposing of the King of both for the good of both and that His Majesties Person ought not to be disposed of by either Kingdom singly Much might be said for this joynt way and against a divided way from the nature of all associations and the common rules of equity observed between persons societies or nations which have a joynt interest in the same Person Parent Master Servant Or in the same thing inheritance lands house stock or the like In which cases one of the parties associated may not without the consent of the other dispose of that which is common especially if it be a common Person and least of all if it be a Person of chiefest eminency or concernment For although a common thing may be divided and to each party his proper share assigned yet one individuall Person doth not admit of a partition and so requireth the greater Union and conjunction of Councels in the disposall of it And as reasons may be drawn from the nature of all associations so especially from the nature of ours in the solemn League and Covenant the Title Narrative Articles and conclusion of it do along linke together the interest of the Kingdomes in this common cause so much concerning the glory of God their own safety Union and Peace and the honour and happinesse of the King and his posterity which ends of the Covenant both Parliaments aswel as other Subjects of both Kingdoms have oblieged themselves joyntly and mutually to promote according to their power and to continue zealously and constantly therein all the dayes of their lives against all opposition And to assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof and never suffer themselves to be divided directly or indirectly from this blessed Union and conjunction So that the ends of the Covenant upon which the disposall of the King must needs have a strong influence are not to be prosecuted by the two Kingdoms as by two distinct bodies acting singly but they were united by solemn Covenant made to Almighty God and by League each to other as one intire body to prosecute this cause which was the expression used by the Honourable Houses in their Declaration of the 5 of August 1645 to the Lords States Generall of the United Provinces of the Low Countries In which Declaration this notable instance was given which deserveth also to be remembred That by the Covenant both Houses of Parliament and many thousands of other His Majesties Subjects of England and Ireland stand bound as well as we to hinder the setting up of the Church government by Bishops in the Kingdome of Scotland And that we as well as they stand bound to endeavour the extirpation thereof in England and Ireland And as by the Covenant the Kingdomes are fast linked together in the whole prosecution of this cause so particularly both are obliged to endeavour mutually to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and liberties of the Kingdomes That the world may bear witnesse with our consciences of our loyalty And that we have no thoughts or intentions to diminish his Majesties just power and greatnesse From the Treaty the same thing doth further appear it being thereby manifest that as our Army was to be leavied for the common good of both Kingdomes in the pursuance of the ends exprest in the Covenant And not as Auxiliaries for the single good of this Kingdom So they are not tied to be subject to the resolutions and directions of either Kingdome singly but of both jointly Also by the 8th article no Cessation Pacification nor Agreement for Peace whatsoever is to be made by either Kingdome without the mutuall advice and consent of both So that if the disposall of the Kings Person mentioned in the Vote of both Houses be intended for the good Peace and security of both Kingdomes then it should not be done without the mutuall advice and consent of both But if intended for the Peace and security of this Kingdome within it self singly this were to settle the Peace of the one Kingdome not onely without the counsell and consent but before the settlement of the other and so the more inconsistent with the plain scope of that Article Moreover by the 9th Article of the same Treaty all matter of difference arising between the Subjects of the two Nations are to be resolved and determined by the mutuall advice and consent of both which hath ever been the usuall way in such cases Neither know we
any other way for healing of differences between two free Nations which are as Brethren and equalities and neither of them subordinat to the other If therefore any difference should arise which God forbid between the two Parliaments or any others of the Subjects of the two Nations concerning the disposing of His Majesties Person then the question cannot be otherwise resolved and determined but by the mutuall advcie and consent of both How much better is it according to the 6th Article of the Covenant to consult how to prevent all differences which are like to arise between us or our posterities The honourable Houses in their wisdome did think fit that in the managing of this War there should be a conjunction of the Councels of both Kingdoms in reference to the English aswell as to the Scottish forces How much more may we expect a conjunction of Councels in disposing of His Majesties Person wherein the one Kingdome is as much interested as the other If more need to be said in this businesse we hope it is not forgotten how the Declarations of both Houses and their Commissioners sent into Scotland to desire their assistance and engagement in this Warre did invite solicite and perswade that Nation upon principles of common interest And in regard the one Kingdome cannot enjoy a firme and durable peace while the other is in warre Wee were also put in mind of the affection and duty which becometh brethren And as we did upon these and the like considerations espouse our brethrens quarrell So it cannot be offensive that we desire from them an improvement of the very same principles And that the same measure of the Conjunction of interests be given to us which was got from us God forbid that wayes of separating the interests of the Kingdoms should now be studied as much as ways of Uniting them were before indeavoured We cannot but expect beter things from our Brethren then in their posterity to desert us who did engage and joyn with them in their greatest affliction Or to think of securing their own Peace without us while the troubles of our Kingdome continue Wherefore wee cannot choose but obtest by the common good of both Kingdomes by the conjunction and parity of interests by the love of Brethren by Declaration of both Houses by former presidents by the Treaty between the Kingdoms by the solemn League and Covenant yea by the very law of Nations and rules of common equity that there may be a conjunction of the Counsells and resolutions of both Kingdomes in disposing of that royall Person who is King of both and that all lawfull and possible means of which is one and a cheife one may be used which may preserve His Majesties Person honour and hapinesse according to the Covenant Monarchicall government according to the fundamentall lawes of both Kingdoms Together with a firme and happy Union between the Kingdoms These principles we desire still to go upon And therefore if the vote of both Houses communicated unto us be understood as a materiall demand of his Majesties Person to be delivered unto them to be disposed of as they shall think fit This as it doth not necessarily follow from the words of the vote nor doth agree with that sense of the vote which in charity we are most willing to entertain so there are just great reasons against it We acknowledge that wee are not to presume the worst but the best concerning the intentions of the honorable Houses towards the King But we do not doubt it will be mutually acknowledged that for preventing of differences afterward it is most fit and necessary that there be a cleere and distinct understanding between the two Kingdomes in a businesse of this nature and consequence And that it is not to be expected from private persons though under jurisdiction much lesse from another Kingdome that they should passe from their interest or just security because they have to do with such as they judge to be honest and faithfull To speake therefore to the nature of the thing in it self if the Scotch army should deliver up His Majesties Person without his owne consent and that upon the vote communicated unto us which although it may suffer a benign interpretation and be understood of the disposing of the Kings Person favorably and honorably yet as the words stand is comprehensive and capacious of more then is fit to be expressed This Act of the Army were not agreeable to their Oath of Allegeance obliging them to defend his Majesties person from all harms and prejudices nor to the Solemne League and Covenant which was not intended to weaken but to strengthen our Allegeance and to wipe off the calumny and aspersion of Rebellion For which end before our engagement in this Warre it was mutually covenanted between the Kingdoms to preserve the Kings Majesties Person and Authority in the preservation of the Religion and Liberties of the Kingdoms Thereby holding forth to the world that the preservation and defence of Religion and Liberties may well consist and was intended to consist with the preservation of his Majesties Person and Authority whom therefore our Army cannot deliver to be disposed of by any others at pleasure This delivery were also inconsistent with that joint equall and common interest of both Kingdomes in the disposall of his Majesties Person which we have before asserted And were upon the matter a passing from the right interest of the Kingdom of Scotland in that businesse It were also contrary to his Majesties power of residence in any of his Kingdoms and to the free exercising of the duties of his place and acts of personall Government such as the hearing and redressing of the grievances of his Subjects in Parliament and his concurring to the making of Laws Neither could it stand with the Commissions given to the Committee of Estates and general Officers of our Army or with their military Oath to deliver up their Kiâ—… without his own consent and without warrant from the Parliament of Scotland to be disposed of by another Nation Even as it were not to be expected that the Army under the command of Sir Thomas Fairfax if they were in Scotland for our assistance there in the like cause and under the like ingagement in a recesse of the Parliament of England and without their warrant would upon the like demand deliver up the King having cast himself in their hands to be disposed of by the Parliament of Scotland Finally if it be contrary to the Law and common practice of Nations to deliver up the meanest subject fled to them though it be for the greatest crimes for which cause the Parliament of England in the 4. of King James as likewise in the large Treaty refused a generall Act of remanding between the two Kingdomes unlesse they should be united into one how much more would the world abroad condemn our Army for a base and dishonourable act if they should deliver up their
we are bound in the strictest bonds of loyall Subjection by our Allegeance and Covenant as to one Head and Monarch and therefore the faithfull endeavours of both Kingdoms should without wearying be constantly contributed That we may be united to him by a happy and just Peace For if one of the Kingdoms shall cast off the King and the other have a King if the one shall make Peace with the King and the other not make Peace but be still at variance with him it is to be feared that no humane wit not policie will be able to keep the two Kingdoms long without a rupture And if it please God so to incline the Kings heart and direct the wisdome of the Parliaments as that the King and wee could make a happy agreement no power or policie can be able to divide us for Qui conveniunt uni terrio conveniunt interse The third ground and relation of our Unitie is the conjunction of the two Kingdoms which hath been acknowledged to be so necessary and usefull to both That they have often declared they would stand and fall and like Hippocrates twins live and dye together And therefore as we regard our solemn Covenant with God Almighty and tender the standing and safety of the Kingdomes let us with one heart and mind joyn our Counsels and Actions That whatsoever we resolve upon for our common Peace and Security in relation to the King and of each Kingdom to other that it be done in zeal to Religion in loyalty to the King and with unanimity amongst our selves Numerus Binarâ—us infamis est quia primus ausus est dâ—sceâ—…ere abâ—uâ—…tate And as the Pythagoreans did note the number of Two with the mark of infamy as being the first number that durst part from Unity so which soever of the Kingdoms shall first violate the Unity which is bound up in our Covenant may apply it to themselves but if we shall adhere to that Unity which is builded upon the firm foundation of Verity in our relations to Religion the King and amongst our selves it will be a three-fold cord which is not easily broken and our Unity I hope shall be turned into an Identity both Kingdomes may be perfectly one Having thus in the first place laid a ground for Unity of Counsels and Resolutions I shall in the next place humbly desire and protest That what-ever may be our Propositions or Debates concerning the King it be not mis-construed as if one of the Kingdomes were imposing conditions upon the other or that we aye absolutely wedded to any one desire more then to another but that all severall waies being amicably debated and rightly pondered That which may serve most for the safety security and happinesse of the King and both Kingdomes may be gravely resolved upon And now I come to the Question it self concerning the disposing of His Majesties Person first Negatively and then Positively Negatively thâ— Qâ—…stion is not of the power and authoritie of the Houses of Parliament in disposing of any person or judging of any case which is of single concernment to England Nor is the Question how the Kings Person may be disposed of de facto by any one of the Kingdoms neither is the Question properly de jure posse but de esse bene esse And as it is neither good Logick nor good Divinity to argue 〈◊〉 pâ—sse ad esse so sure I am in this case it is far worse policie for either Kingdome to dispute what they may do in the height of their power when both are consulting what is fittest to be done for the Peace and Security of both And the relation of both Kingdoms to his Majesty and of each Kingdome to other being rightly considered as he is King to both as both are Subjects to him as both are ingaged in the same Cause and have been in the same War and are labouring under the same Danger are seeking the same Remedies and should have the same Security we do hold that the disposing of the Kings Person doth not properly belong to any one of the Kingdomes but joyntly to both And after Scotland hath suffered the heat of the day and winters cold have forsaken their own peace for love of their Brethren have set their own house on fire to quench theirs After so much expense of their blood in all the three Kingdomes after we have gone along with you in all the hardship of this War and without vanity be it spoken have been so usefull in this Cause And that the King hath cast himself into the hands of the Scottish Army and that by the blessing of God upon the joynt indeavour of both Kingdoms we are come to the harbour of a peace We cannot expect that the honourable Hâ—uses will think it agreeable with conscience or honour or with the justice of the Houses that the Person of the King should be disposed of by them as they shall think fit or by any one of the kingdoms alone but that what ever shall be resolved in this may be done by joynt advice of both as may serve most for the peace security and happinesse of both Kingdoms The Lord Chancellour of Scotland his second Speech At a Conference in the Painted Chamber with a Committee of both Houses Octob. 6. 1646. AT our last meeting in this Conference your Lordships did assert the Vote of the Houses That the Person of the King should he disposed on as the two Houses shall think fit And we did hold that the King who is the Head and Monarch of both Kingdoms ought not to be disposed of by any one of the Kingdoms but by joynt advice of both as might serve most for the peace happinesse and security of his Majesty and both Kingdoms which we fortified with severall arguments from the interests and relations which both Kingdoms have equally to the King and from the Covenant and Treaty between the Kingdoms as the best way â—o preserve our Vnity But since your Lordships do adhere to the Vote of the Houses as that which you cannot part from We do humbly desire that your Lordships may be pleased in time convenient at the close of this Conference to report the difference of our judgment to the honourable Houses who upon better reasons both may and we hope will take their Vote into further consideration And so with reservation of our judgement that the disposing of his Majesties Person doth belong to both and not to any one of the Kingdoms especially in such a juncture of affaires as both Kingdoms stand engaged in this cause I shall descend particularly how the Kings Person should be disposed of to the best advantage of both Kingdomes and for attaining such a happy peace as all good men should desire But lest we should walk in the dark upon obscurity of ambiguous words I shall desire that the word of disposing of the Kings Person may be rightly understood and the true sense of it may be
glorious a worke and so acceptable to all good men and to the whole people that it would after so great trouble be like raine to the new mownegrasse or like a resurrection from the dead and is a worke worthy of a Kings presence And the King may without arrogancy desire that glory to himselfe the more to reingratiate him to his people and not devolve that honour wholly to anyother wherein he himself ought to be the prime Actor And therefore the Kings presence with his Parliament is the most probable way to attain to a speedy and blessed peace which certainly will be the more durable if it be with the good liking of both sides I know there is one common objection and I know not another wherewith many are possest and prejudiced against the Kings coming to his Parliament That his presence may breed division and that he may thereafter withdraw and continue our troubles Unity and Concord I confesse is that by which Kingdoms and Common-wealthes doe flourish and there is nothing more dangerous then division Concordia enim res parvae creseunt discordia vero miximae dilabuntur But is there any greater or more dangerous division then to have the Head divided from the Body to have the King divided from his Parliament the representative body of the kingdome whereof he is the Head Hath not this division divided brother against brother the father against the son and the son against the father and Countrey against Countrey This division is the cause of all our other divisions Take this away and all our other divisions are at an end Ablata causa tollitur effectus The King doth with all earnestnesse desire to be joyned with you and stands more in need of reconciliation and I hope will according to his profession endeavour it rather then division And I trust the wisdom of the honourable Houâ—…s is such as they will doe so too and rather be reconciled to the King then diâ—ide amongst our selves And that argument not to admit of the Kings coming â—o his Parliament because his presence may breed division is an argument to debar him perpetually from his Parliament And now the case is altered from what 〈◊〉 was when it was thought unfit that the King should come to his Parliament 〈…〉 then he had forces in the fields garisons and strong holds to returne to Now he hath none of these against you And his desire of coming to his Parliament cannot be but with resolution 〈◊〉 agree and stay with you for if hee were once with you where can he goe from you And if they were esteemed enemies to the Parliament and the Peace of the kingdoms who advised the King to withdraw from his Parliament what estimation will the world have of them who will not suffer him to returne to his Parliament when he offers to cast himselfe in your armes Nor can there be a more reall testimony of our respect and affection to England then that we desire he may be with you and be advised by you neither can you have any greater honour then that after you haue dissipated your Enemies his Majesty is willing to returne to you And if so kind an offer shall be refused and the King driven to despaire it is to be feared these kingdomes will be involved in greater difficulties then ever and we shall be driven out of the harbour and entrance of a peace into the tempest of new and bloudy wars For although Scotland be most willing and desirous that the King should return to his Parliament with honour safety and freedome and that he may remaine where his personall presence may serve most for the security and happinesse of his people yet if any such course shall be taken or any demand made for rendring 〈◊〉 his Person which cannot stand with his honour and safety or which cannot consist with our duty allegiance and Covenant not with the honour of that Army to whom in time of his extreme danger he had his recourse for safety it cannot be expected that we can be capable of so base an Act. And if to shun this and avoid occasion of quarrelling between the kingdomes he shall goe to Scotland and resent his expulsion out of England and crave the assistance of that kingdome for recovery of his right to this Crown Hee may in a short time raise such Forces in Scotland and Ireland as with the assistance of Foraine Princes these kingdomes may be made a field of bloud and the youngest amongst us not live to see the end of these unnaturall wars But if the present opportunity be wisely managed and that we maintaine the just priviledges of Parliament and liberty of the Subject in both kingdomes with that wisedome and discretion as that may be given to God which is Gods and to Caesar what is Caesars if we fear God and the King and doe not medle with them who are given to change That same divine providence and wisdome which hath brought us through many difficulties will also teach us how to establish these kingdomes in peace and the Kings Throne in righteousnesse That the great blessing of a constant and friendly 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 posterity The Land Chancellour of Scotland his last Speech At a Conference in the Painted Chambâ—â— with a Committee of both Houses October 10. 1646. My Lords and Gentlemen THis day I hope will bring our Conference to some results to be reported 〈◊〉 the Houses and therefore I shall frame my Discourse and Arguments with that succinctnesse as may bring us soonest to a close At our first meeting the subject of our debate was Whether the Right and Power of disposing the Person of the King is solely in the two Houses as theâ— shall think fit or in the two Kingdomes and at our last meeting we had soâ—… arguing 〈◊〉 the same question but your Lordships did â—…ill assert the 〈◊〉 of the Houses and we say in respect of the interest and relations which both Kingdoms have equally to the King especially in the present juncture of affaires when both Kingdomes are entred in the same League and Covenant have jeoparded their lives in the same War are labouring under the same danger are seeking the same remedies and stand in need of the same Peace and security and both Kingdomes are bound by our Covenant to preserve Vnity and are obliged by Treaty that none of us shall make any peace cessation or agreement whatsoever without mutuall advice and consent of both That the Person of the King cannot be disposed of without the joynt advice and consent of both Kingdomes But as we doe acknowledge that England hath parity of interest with Scotland so doe we still offer that they shall have parity of power in disposing of the King and we doe affirm That the Person of the King who is the King of Scotland as