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
Majesties Person wherein the one Kingdome is as much interested as the other If more need to be said in this bussinesse 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 sollicite 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 minde of the affection and duety 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 wayes of Uniting them were before endeavoured We cannot but expect better things from our Brethren then in their prosperity 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 Declarations of both Houses by former presidents by the Treaty between the Kingdomes 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 Councells 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 this is one and a chiefe one may be used which may preserve His Majesties Person honour and happinesse according to the Covenant Monarchicall government according to the fundamentall lawes of both Kingdomes Together with a firme and happy Union between the Kingdomes These principles we desire still to goe 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 and great reasons against it We acknowledge that we are not to presume the worst but the best concerning the intentions of the honourable Houses towards the King But wee do not doubt it will be mutually acknowledged that for preventing of differences afterwards 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 doe with such as they judge to be honest and faithfull To speak therefore to the nature of the thing in it self if the Scots 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 benigne interpretation and be understood of the disposing of the Kings Person favourably and honourably 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 Alleageance 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 Alleageance 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 that joynt equall and common interest of both Kingdoms in the disposall of his Majesties Person which we have before asserted And were upon the matter a passing from the right and interest of the Kingdom of Scotland in t 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 King 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 ingagements 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 practise 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 Kingdoms unlesse they should be united into one how much more would the world abroad condemne our Army for a base and dishonourable act if they should deliver up their Head and Soveraign having cast himself into their hands to be disposed of at the arbitrement of another Nation And now we hope it will not be teadious that we further enlarge our selves upon this great subject by adding satisfactory Answers to such Objections as have been or may be made against our desires and Principles in this businesse Object 1. That the Scottish Armie is an Auxiliarie Armie of England and under their pay and therefore ought to deliver up the King to be disposed of by both Houses as they shall think fit Answ It is sufficiently known that the Scottish Armie came not into this Kingdom in the nature of Auxiliaries For when it was desired by the Parliament of England that the Kingdom of Scotland should send an Auxiliarie Army into this Kingdom to be subject to the directions and resolutions of both Houses It was absolutely refused as may
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 EDINBURGH Printed by Evan Tyler Printer to the Kings most Excellent Majestie 1646. HAving received the Votes of both Houses dated the 24 of September concerning the disposing of the Kings Person as both Houses of Parliament shall think fit Although we judge as in charity we ought that it is not the meaning and intention of the Honourable Houses to claime or assume to themselves the whole and sole power to dispose of his Majesties Person which is known to be a matter as of high so of common and equall concernment to both Kingdoms Yet lest by our silence the right and interest of the Kingdom of Scotland should be prejudiced and lest that sense of those Votes which many have apprehended and expressed should minister occasion of mis-understanding and difference between the Kingdoms according to the desires and hopes of our common enemies We have judged it necessary with that freedom candor and plainnesse which becometh Brethren to represent our thoughts concerning this great businesse to both Houses We do acknowledge that as Positively the Houses of Parliament have as much power in disposing of the Kings Person as any one Parliament hath or can have to dispose of a King who hath more free Kingdoms then one So Negatively none ought or may dispose of his Majesties Person without or against their consent The like we suppose will be mutually acknowledged in reference to the Parliament of Scotland It being a fundamentall Right and Liberty of either Kingdom That none can justly without their own consent impede or restrain the Person of their King from coming amongst them and doing the duties of a King unto them And in both these Senses we acquiesce in the Vote of the Honourable Houses But if the Vote should be meant or made use of as restrictive to the Parliament of England and exclusive of the Parliament of Scotland Or as if the two Houses were to dispose of the Person of the King by their single and sole authority without the consent and concurrence of the Kingdom of Scotland We trust this sense is as far from the thoughts of both Houses as it is from justice and equity the Parliament of Scotland having as much interest in the Person of the King of Scotland as the Parliament of England hath in the Person of the King of England and the Person being but one both Kingdoms must needs share equally in that joynt interest Neither hath the Parliament of England any more power to dispose of the person of this King of Scotland being in England then the Parliament of Scotland hath to dispose of the Person of this King of England if he were in Scotland And as the Parliament of England might justly conceive their interest and power to be greatly prejudiced if the Parliament of Scotland should claim the sole power to dispose of His Majesties Person being in Scotland and consequently if they shall so think fit to restrain his Person from coming to his Houses of Parliament when the necessary affairs of this Kingdom require his presence So we cannot but in justice expect to be dealt with by the Honourable Houses as they would have us in like cases to deal with them Although what we have now expressed might be sufficient as to our sense of the Vote Yet it shall not be superfluous but very expedient that we further clear our selves and our reall intentions in that which we first offered in our Paper of the 11. of August Concerning a joynt consultation and resolution of both Kingdoms what is next to be done in reference to the King Which motion we now resume to be still insisted upon For the question is not whether the Houses of Parliament or the Scots Army shall dispose of the person of the King in England Our Army claimeth no power to dispose of his Majesties Person And as they could not refuse to receive him when he came amongst them So they are ready to obey and submit to the joynt resolutions of both Kingdoms concerning his Majestie Neither is the question which of the two Kingdoms shall trust the other with the present residence of the Kings Person till he be disposed of by the consent and agreement of both Let it be far from both Kingdoms that the former mutuall confidence should now turn to a mutuall diffidence And let not a blessing from heaven be expected upon either of the Nations which continueth not faithfull to the other according to the Covenant Our confidence in the Wisdom Justice Loyaltie and Faithfulnesse of the Honourable Houses is such that whensoever the King shall be willing to return unto them and they willing to receive him we shall not make the least impediment but give our cheerfull consent Least of all is the question concerning any Priviledge or Power of the Parliament of England or any Law Liberty or practise of this Kingdom to dispose of their King It is not our meaning to controvert what in that kinde they may do or at any time have done according to their Laws which are best known to themselves for their good and safety without the least shadow of any dependencie upon another Kingdom But withall we desire it may be remembred that this is to be transferred equally to the power and priviledge of the Parliament of Scotland We do not meddle with any of the single or proper Rights Priviledges or Laws of this Nation more then we would have our Brethren to meddle with ours It is one thing what the Parliament of England might have done in another Cause or Warre before their engagements by the Covenant and Treaties with the Kingdom of Scotland It is another thing what ought to be done after such conditions and tyes imposed by neither Kingdom upon the other but by both joyntly upon themselves and as mutuall Obligations both to God and each to other Although 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 hee might receive his Crown of Scotland by a Vicegerent there or that it might be sent hither unto him Likeas this present Parliament when the King went last into Scotland to settle the Peace of that Kingdome did earnestly desire and presse that
do so much preponderate and the present condition of affairs doth so much differ from that time when both Houses with our concurrence did disagree from His Majesties desire of comming to London at which time he had both Garrisons and field Forces unreduced that it may be conceived not only safe but as things stand most convenient to agree to His Majesties coming to London or neer it upon such conditions and assurances from him as shall be by joynt resolution found necessary for preventing the accesse of delinquents to His Majestie or any intestine commotion or forraine invasion to the disturbance of the peace of either Kingdome We trust it might accelerate a happy peace bring the present differences to an end and be no grief of heart afterwards if upon such terms and conditions both Houses should be pleased to revive and renew such an invitation and assurance upon their part as was contained in their answer to His Majesties Message of the 11. of Septemb. 1642. where after mention made of their chief grievance it was added All this notwithstanding as we never gave your Majesty any just cause of withdrawing your selfe from your great Councell So it hath ever been and shall ever be farre from us to give any impediment to your returne or to neglect any proper means of curing the distempers of the Kingdom and closing the dangerous breaches betwixt your Majesty and your Parliament according to the great trust which lies upon us And if your Majestie shall now be pleased to come back to your Parliament without your Forces we shall be ready to secure your royall Person Crown and dignity with out lives and fortunes Your presence in this great Councell being the only means of any Treaty betwixt your Majesty and them with hope of successe Divers such passages there are in the Declarations of both Houses which we shall not need to mention But if the Houses of Parliament shall not agree to His Majesties desire of coming hither with safety freedome and honour We offer to be considered in the next place whether it be not expedient that once again Commissioners be sent to His Majesty in name of both Kingdomes with power to hear his desires and to endeavour the satisfaction of doubts and scruples with intimation also That if His Majestie shall not give satisfaction in the Propositions both Kingdomes will without any more such applications consult and joyntly resolve upon other wayes of their safety and security And upon the other part that if His Majesty will be now at last graciously pleased to satisfie the desires of both Kingdoms His Majesties Throne with his just power and greatnesse shall be established aswel as the peace and security of his Subjects All which we doe propound in a brotherly freedome not being peremtorily wedded or addicted to any expedient that we have offered but if the honourable Houses in their wisdome shall be pleased to think of any other expedient which shall bee for the good safety and honour of the King and Kingdomes We shall be most willing and ready to agree unto it when it shall be made known unto us not doubting but that in the faithfull and conscionable use of all good and possible means which may prevent differences between the Kingdomes there will be at last a sweet and brotherly agreement in such a conclusion as shall be good in Gods eyes and wherein both Kingdomes shall finde greatest comfort and happinesse By command of the Commissioners for the Parliament of Scotland Jo. Cheislie FINIS