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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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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 dear unto them And having resolved to engage in this Cause for assistance of their Brethren therein 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 Monethly entertainment of that Army amounting to little more then half pay and to supersede all further recommence till the War should be at an end And seeing the Kingdom of Scotland was to quite 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 Warre should be with joynt advice and consent of both Kingdoms 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 only subject to such resolutions as are mutually agreed upon by both Kingdomes or their Committees appointed in that behalf yet this is only 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 wee 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 comming voluntarily to the Scottish Army they cannot in duety 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 dueties founded upon that relation For alledgeance 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 plate takes not away the relation and mutuall dueties between 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 mutuall obligations and solemn engagements between the Kingdomes for joynt counsells in prosecution of the War and settling of the peace The Kings coming to the Scottish Army being an emergency of our joynt warre 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 prejudge 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 wee 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 Majesty might sometimes reside in Scotland is at his own 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 duety of a King to the Kingdom 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 Kingdome where His Majestie 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 Kingdome of England Which we acknowledge could not be done without a manifest prejudice and injury to this Kingdome Wherefore we cannot but conclude that wheresoever the King be in Scotland or England he being the King of both ought to be disposed of for the good and with the consent of both Kingdomes And if it be considered that the Scottish Army was invited and called into this Kingdome by both Houses in a Treaty for prosecuting the ends of a solemne League and Covenant whereof one is to preserve and defend His Majesties Person there can remaine no doubt concerning the exercise of that right and interest in this Kingdome And therefore it seems very strange that when upon invitation they are come into England as for other ends So to defend His Majesties Person their being in England should be made use of as an argument why they should deliver up the Person of their King to be disposed of as both Houses shall think fit Whereas it is alledged that the Treaty extends no further then to the ordering and regulating of the Scottish Forces