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A92612 Some papers given in by the Commissioners of the Parliament of Scotland, to the Honourable Houses of the Parliament of England in answer to their votes of the 24. of September 1646. Concerning the disposing of His Majesties person.; Proceedings. 1646-9 Scotland. Convention of Estates.; England and Wales. Parliament. 1646 (1646) Wing S1344; ESTC R232198 15,712 31

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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 goe into that Kingdome for receiving that Crown so His Majesty found it expedient to goe thither for the settling of Peace It may also be remembred as to the interest of England that the English Nobility both at the Birks 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 goe so farre upon a back trade Whatsoever the joynt interest of the Kingdomes was formerly it is without controversie now much more conjoyned And unlesse we lay aside the Covenant Treaties Declaration of both Kingdomes and three years conjunction in this warre Neither the one Kingdome 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 oblieged 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 Kingdome 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 all 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 aswell 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 Kingdomes 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 Countrys 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 aswell as wee to hinder the setting up of the Church government by Bishops in the Kingdome of Scotland And that wee aswell 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 oblieged 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 appeare 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 tyed to be subject to the resolutions and directions of either Kingdome singly but of both joyntly 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 only without the councell and consent but before the setlement 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 matters 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 equalls and neither of them subordinate 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 advice and consent of both How much better is it according to the 6fh 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 fir that in the managing of this warre there should be a conjunction of the Councells of both Kingdomes reference to the English aswel as to the Scottish forces How much more may we expect a conjunction of Councells in disposing of His