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A92611 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. Scotland. Parliament.; Loudoun, John Campbell, Earl of, 1598-1663. Severall speeches spoken ... in the Painted Chamber. 1646 (1646) Wing S1343; ESTC R205327 33,483 44

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Head and Soveraign having cast himself into their hands to be disposed of at the arbitrement of another Nation And now wee hope it will not be tedious that we further inlarge 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 Army is an Auxiliary 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 Army came not into this Kingdome in the nature of Auxiliaries For when it was desired by the Parliament of England that the Kingdome of Scotland should send an Auxiliary Army into this Kingdom to be subject to the directions and resolutions of both Houses it was absolutely refused as may appear by the severall Papers about that purpose yet extant The Kingdom of Scotland did foresee and consider how prejudiciall it was to forsake their own Peace and what infinite troubles losses and unavoidable danger their engagement with the Parliament of England against so powerfull and prevailing an Enemy would bring upon the Kingdom of Scotland And as they regarded not the large offers nor the threats of the other side for all their prosperity so there was no offer of pay or other worldly advantage whatsoever from the Houses of Parliament which could have induced them to undertake so hazardous and desperate a War It was the good of Religion King and Kingdomes they set before their eyes in order to which end they accounted nothing too deer unto them And having resolved to engage in this Cause for assistance of their Brethren therin they did not stand upon conditions but without respect to the season of the yeer the great strength of the Enemy and other discouragements They did in a short time leavy an Army at their own charge And because of the many burdens then lying upon this Kingdom were content for the present to accept of a sum toward the Monthly entertainment of that Army amounting to little more then half pay and to supersede all further recompence till the War should be at an end And seeing the Kingdome of Scotland was to quit their own Peace and equally with England to undergo the hazard of the War it was found reasonable that the prosecution thereof and the making of the conditions of Peace after the War should be with joint advice and consent of both Kingdomes And according to these grounds a Covenant was agreed upon for the Reformation of Religion and for preservation of the Liberties of the Kingdoms and of the Kings Person and Authority together with a Treaty wherein it is declared that the Scottish Army shall be commanded by a Generall appointed by the Estates of Scotland and shall be subject to such resolutions and directions as are and shall be mutually agreed upon and concluded between the Kingdoms or their Committees in that behalf appointed for pursuance of the ends of the Covenant of which one is to defend and preserve his Majesties Person Object 2. That the King is in England and therefore to be disposed of by both Houses of Parliament and cannot be disposed of by the Scottish Army And though the Kingdome of Scotland may pretend to an interest and power in the disposing of the King yet they can have no exercise of that power in England And albeit the Scottish Army according to the Treaty between the Kingdomes be onely subject to such resolutions as are mutually agreed upon by both Kingdomes or their Committees appointed in that behalf yet this is onely to be understood in ordering and regulating of the Scottish Forces for prosecuting the warre and the Treaty extends no further Answ Although His Majesties riding one dayes journey might wholly subvert the grounds of this Objection Yet we shall not insist upon this Answer because we conceive it toucheth not the true state of the question It hath been already cleered what is not and what is the state of the question which being remembred wee doe assert That the King coming voluntarily to the Scottish Army they cannot in duty deliver him against his will to the Houses of Parliament without consent of the Kingdome of Scotland For the being in England takes not away the relation between the King and His Subjects of the Kingdome of Scotland nor ought it to impede the performance of the mutuall duties founded upon that relation For Allegeance hath no limitation of place being grounded upon the Law of Nature aswell as the law Municipall and so is rather universall then locall The difference of place takes not away the relation and mutuall duties betweene parents and children And it is not the place but the relation which gives interest to the disposing of the Person of the King As his being in England takes not away the relation between him and his Subjects of Scotland so it doth not infringe the mutual obligations and solemn engagements between the Kingdomes for joynt counsells in prosecution of the War and setling of the peace The Kings comming to the Scottish Army being an emergency of our joynt War and the right disposall of his Person the onely meane for the present of our joynt security and peace Neither can the Kings being in England prejudice any right or priviledge of either Kingdome It is the Fundamentall right and priviledge of the Parliament of Scotland and the liberty of that Kingdome as we acknowledge it to be the right and priviledge of the Kingdome of England that the person of their King ought not to be disposed of but with their advice and consent The place of the Kings residence as was answered to us when in the large Treaty it was desired His Majestie might sometimes reside in Scotland is at his owne election in either of the Kingdomes as the exigence of affairs shall require and he shall think fit Or else must be determined by the mutuall advice and consent of both Kingdomes From all which grounds it is apparent that the Kingdom where he resides for the time may doe no Act which may hinder His Majesty to performe the office and dutie of a King to the Kingdome from which he is absent in Person Nor impede him to repair to that Kingdome when the affairs thereof shall necessarily require it Otherwise if the Kingdom where His Majesty resides hath the sole interest and right to dispose of his Person the Estates of the Parliament of Scotland might upon former occasions and may now in case the King and Prince shall repair to Scotland lawfully detain them there and make it the place of the ordinary residence of them and their posterity without the consent of the Kindome of England Which we acknowledge could not be done without a manifest prejudice injury to this Kingdome Wherefore we cannot but conclude that wheresoever the King be in Scotland or