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A49194 Severall speeches, spoken by the right honourable the Earle of Loudoun, Lord high chancellour of the Kingdome of Scotland at a conference with a committee of the honourable houses in the Painted chamber, October 1646. Loudoun, John Campbell, Earl of, 1598-1663. 1646 (1646) Wing L3087; ESTC R201195 13,219 12

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no lesse regard to this Kingdom then our own Nation so are we now with the same candor and tendernesse of affection willing and ready to concurre with the honourable Houses in every thing which may promote the great work of Reformation and settle Religion according to the Covenant with a well grounded peace And for these ends we desire that his Majesties answer may be improved to the best advantage of the publick For albeit the King hath not given a present assent to the Propositions yet he hath not in his answer refused them but doth promise That he will cheerfully grant and give his assent unto all such Bils at the desire of the two Houses and reasonable demands for Scotland which shall be really for the good and peace of his people To which end he desireth and proposeth that he may come to London or any of his houses thereabouts upon security That he shall be there with honour freedome and safety as the best expedient to procure a happy agreement between his Majesty and his Parliament which we desire may be weighed in the ballance of righteous judgement as a businesse of the greatest consequence which can fall within humane consideration and wherein the glory of God is most concerned of any businesse under heaven For upon a blessed agreement between the King and his Parliament Religion and Righteousnesse Truth and Peace which are the compend and height of all happinesse will be established to the eternall fame and glory of great Britain and the great comfort of all the Protestant churches And upon our disagreement all the calamities of a bloody and unnaturall war will be continued and nothing heard nor seen in church nor State but confusion God hath brought both Kingdomes through the surges and waves of a boisterous tempest into the harbour of a peace and hath scattered most part of our Enemies now our work is how to come a-shoare establish a right peace I hope it is as far from our desires and intentions as it is against our Covenent and Professions to change fundamentall government We have need to take heed that we run not from one extream into another Dum stulti vitant vitia in contraria currunt Therefore our study would be how to cure the wound which our sins and the evill counsels of others have made between the King and his Parliament to make up the breach and not make it wider It hath been universally acknowledged That the Kings removall from his Parliament is the immediate and chiefe cause of all the war mischiefe and calamities of the kingdomes Then his Majesties presence in joyning with his Parliament must be the best if not the onely remedy to remove our traubles for it is a maxime no lesse true then common that Contraries have Contrary consequents Contrari●…rum cont●…tia sunt c●…sequentia The King desires to come to his Parliament not onely to have his doubts clecred and have these difficulties explained which hinder his consent to the Propositions as they now stand But likewise that his coming may raise a mutuall confidence between him and his Parliament If the last were done the first would soon be performed and all those mountaines of difficulties would easily be removed and become valleys Your Commissioners had no power to give any reasons no not so much as tell what is the meaning of any of your demands nor hearken to any desire of the Kings And certainly some things might be justly moved by his Majesty which are necessary for the Crowne and a well grounded Peace as That he may have his Revenues That he may returne with honour and safety to his crowne and government And if the King were with his Parliament where hee might both give and receive satisfaction he might with reason be convinced to assent to what hee now conceives to be unreasonable The making of a peace is so great and 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 mowne grasse 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 any other wherein he himselfe ought to be the prime Actor And therefore the Kings presence with his Parliament is the most probable way to attaine 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 Vnity and Concord I confesse is that by which Kingdoms and Common-wealths do flourish and there is nothing more dangerous then division Concordia enim res parvae cresunt discordia vero maximae dilabuntur But is there any greater or more dangerous division then to have the Head devided from the body go 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 cur 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 rec●●ciliation and I hope will according to his profession endeavour it rather then division And I trust the wisdom of the honourable Houses is such as they will doe so too and rather be reconciled to the King then divide amongst our selves And that argument not to admit of the Kings coming to his Parliament because his presence may breed division is an argument to debarre him perpetually from his Parliement And now the case is altered from what it was when it was thought unfit that the King should come to his Parliament because then he had forces in the fields garisons and strong holds to return to Now he hath none of these against you And his desire of coming to his Parliament cannot be but with resolution to agree and stay with you for if he were once with you where can he go 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
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 a posse 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 sittest 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 Houses 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 Charcellour 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 be disposed on as the two Houses shall think fit And we did hold that the King who is the Head and Monarch of both Kingdomes 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 to preserve our Unity 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 judgement 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 affairs 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 Kingdoms and for attaining such a happy peace as all good men should desire But lest we should walke 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 clearly known For Dolus versatur in universalibus For To dispose of the Kings person as both Houses or both Kingdoms shall think fit may in some sense be to depose or worse But because the word Dispose may admit a more benigne interpretation as when men commit their estates and children or that which is dearest to them to be disposed of which is but to be advised by these who have nearest relation to them and in whom they repose most trust I shall speak of the disposing of his Majesties royal person in that sense which I hope is also the sense of the Houses Nor do I know any other way how his Majesties person can be disposed of but that he be put either under restraint or be at freedom with honour and safety As for the way of restraint I look upon it as it looks upon us as a remedy more dangerous then the disease as a mean to draw the war of forain Kings upon us especially the Prince being in other Kingdoms rather then to quiet our troubles at home And therefore supposing that none of the Kingdoms will take any way concerning his Majesties person but such as may consist with duty and honour and which may lessen and not encrease our troubles I shall lay aside the way of restraint and speak of the way which may be with freedom honour and safety which can be no other but that his Majesty shall go into Scotland or come to his Parliament here or some of his houses near-abouts His going into Scotland is full of dangers and inconveniencies to both Kingdoms The Amalekites are not yet driven out of that I and. The bloody barbarous Irish banded with a wicked crew of Malignants possesse the mountains and high-lands which are the strong holds and never conquered parts of that Kingdom They have not laid down arms but keep in a body together and they are so near Ireland as the Forces of the Rebels there may in two or three houres space come over and joyn with them and Scotland not being able to keep and entertain Armies long the King being there may raise such forces in Scotland as may make way quickly into England And therefore his Majesties going into Scotland before our peace be setled being of most dangerous consequence to both Kingdoms I shall humbly offer to your Lordships consideration his Majesties comming to London or some of his houses hereabouts as the most probable way to procure a speedy and happy agreement which is also his Majesties own desire in his Answer to the Propositions And although no perswasion of ours could prevaile to procure a more satisfactory answer for the time then what is returned to the Houses of Parliament yet I assure your Lordships that the Committee of Estates of the Parliament of Scotland and the Noblemen who were at Newcastle did faithfully contribute their best endeavours that his Majesty might have given his assent to the Propositions And as we did then deliver our minds with that plainnesse and freedom which was fit for faithfull and loyal Subjects with