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A88266 An vnhappy game at Scotch and English. Or A full answer from England to the papers of Scotland. Wherein their Scotch mists and their fogs; their sayings and gaine-sayings; their juglings, their windings and turnings; hither and thither, backwards and forwards, and forwards & backwards again; their breach of Covenant, Articles, & treaty, their King-craft present design, against the two houses of Parliament, & people of England, their plots and intents for usurpation and government over us and our children detected, discovered, and presented to the view of the world, as a dreadfull omen, all-arme, and warning to the kingdome of England. Lilburne, John, 1614?-1657,; Overton, Richard, fl. 1646, 1646 (1646) Wing L2195; Thomason E364_3; ESTC R201238 23,817 28

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AN VNHAPPY GAME AT SCOTCH AND ENGLJSH OR A Full Answer from England to the Papers of Scotland Wherein their Scotch Mists and their Fogs their sayings and gaine-sayings their Juglings their windings and turnings hither and thither backwards and forwards and forwards and forwards backwards again Their breach of Covenant Articles Treaty their King-craft present design against the two houses of Parliament People of England their plots and intents for Usurpation and Government over us and our children detected discovered and presented to the view of the World as a dreadfull Omen All-arme and Warning to the Kingdome of England Ier. 5.4 And although they say the Lord liveth surely they sweare falsly Hosea 10.3 They have spoken Words swearing falsely in making a Covenant thus judgement springeth up as Hemlocke in the furrowes of the field EDINBVRGH Printed as truly as the Scotch papers were at London by Evan Tyler Printer to the Kings most Excellent Majestie and are to besold at the most Solemn Signe of the Blew-Bonnet right opposite to the two Houses of Parliament 1646. An VNHAPPIE GAME AT SCOTCH AND ENGLISH Scotch Papers Pag. 2. THe Parliament of England hath no more power to dispose of the person of the King of Scotland being in England Scotland then the Parliament of Scotland hath to dispose of the person of the King of England if he were in Scotland Ans Brethren you say very well But the question is England whether such a disposing may be either by the one or by the other Whether the Armies of Scotland being in England may dispose of the King of England being in England or no And so on the contrary But indeed it needs not much to be disputed for in words you deny your selves of that power when you tell us pag. ibid. that the Armies of Scotland have nothing to doe in the dispose of the King of England yet for all this in deeds you do assume as much as that comes to to your selves for though you plead your Scotish interest in the King of Sotland to countenance the fact yet behind the shadow of that Curtaine thus drawn before our eyes you keep the King of England from England so consequently King it over England behind which we are confident would by your selves be condemned in us in case you should be so dealt withall by the Armies of England for we cannot judge that the Armies of Scotland would count i● lawfull for the armies of England if they were in Scotland for their assistance to deny them the delivery of the King of Scotland Because being in England they refuse to deliver him to England according to the votes and desires of the two Houses of England Therefore we judge that Scotland would much more claime that priviledge in him being in Scotland for if they will claim it out of their bounds where they have no right of authority they will much more claime it within the bounds of their dominions where their power is intire to themselves Therefore is is not well done of our deare brethren of Scotland thus to cast a Scotch mist before the eyes of their Brethren of England For though as before verbally they disclaime all power in their armies for his disposall without the joynt consent of the two Kingdomes yet as deare Brethren their armies have received entertained and kept him even in his person and that before the joynt consent of the two Kingdomes and absolutely against the will and desires of ours So that the King of England and the King of Scotland is disposed of by the armies of Scotland without the consent or advice of either Kingdome We hope our deare Brethren will not say their armies received advice and direction for his entertainment from the Kingdom of Scotland for that were a capitulation with him without the privity and conjuncture of England which by them pag. 6. is disavowed But in case our brethren might receive him without the mutuall consent of both Kingdomes then why doe they stand for a mutuall consent for his delivery for by the Lord Loudou's own argument pa. 25. contrariorum contraria sunt consequentia contraries have contrary consequents Therefore if they may not part with him without the consent and advice of the two Kingdomes then ought they not to have received him without that consent If our deare brethren should urge that parting with him were a disposing of him and that they may not do without breach of Covenant and Treaty the like we retort by their owne rule of contraries concerning thei● receiving of him for receiving is by the said rule as much a disposing as parting with him so that if our deare brethren be men that are true to their owne rules and principles we may conclude that if they will not part with him without the consent of the Kingdome of Scotland that then they had the consent of the Kingdome of Scotland to receive him before they did receive him but our deare brethren doe affirme the one pag. 8. therefore from the truth and fidelity of our brethren we may well conclude the other Oh! what shall we say or think now of our brethren are they not of divine Covenanters become cheating Juglers For let any man judge whether the keeping the Kings person at New-Castle without our consent be not as absolute a disposall as afterwards the sending of his person to White-Hall Richmond-House Hampton-Court or else where by the joynt advice and consent of the two Kingdomes They would differ in manner indeed but not in the nature of the thing and the nature of the thing is the matter in hand The difference would be but in an Accident na●uely the addition of our consent it is now without it it could then be but with it and both's a disposall Yea though it should be without this consent either of yours of ours For an accident may be wanting and the subject remaine But to colour this disposall from the censure of their act our brethren doe tell us that He came voluntarily Scotland and continues voluntarily Ans It seemes from hence you would inferre that the Act of that disposing of his person is by himselfe England and not by you But for answer thereto consider your own grounds By the Covenant and Treaty you urge that his person is solely and intirely to be disposed of by the parliament of both Kingdomes and not singly or by a third but by the joynt advice and consent of both Therefore from this grant of yours your Armie neither had nor hath any power individually to make or medle with his person or in the least wise to dispos● of it no not for a minute in this place or that place for this or for that or till things should be so or so therefore your Act of entertainment of his comming was by the just sequell of your owne ground an actuall disposing of his person pro tempore even as well and as really as
so to be possessed and deluded But further in the said pag. you say because you came into England for prosecuting of the ends of the Covenant whereof one is to defend His Majesties person you thinke it a strange thing that your being in England should be urged as an argument why you should deliver up the person of the King to be disposed of as the two Houses should thinke fit Ans For the matter of your being in England we shall for the present referre you to Mr. Chalenros speech and only consider the reason of this clause which we conceive to be on this wise that because you are by the Covenant bound to defend His Majesties person that therefore you will not deliver up his person to be disposed of as the two Houses shall think fit which is as much as to say because you are to defend his person that therefore the two Houses of Parliament are his enemies which manner of reasoning is as if we should say because ther were dayly seecret whisperings and wishings at our Queens Court in France that the King might but get safe to the Scotts and because the day of his setting forth out of Oxford towards them was fore-known at her Court That therefore Sehrant the French agent ran up into the Earle of Northumberlands Bed-Chamber in the morning before he was up and surreptitiously surprised in his Chamber window a packet of Letters inclosed in a blanke paper superscribed forsooth for their better conveyance to the Earle and breake the same open and said they were his and so the one peep'd at the other and saw one another and away hied Sebrant as fast as he could and carryed with him the whole plat-forme of your you know what Now Brethren how like you your owne kind of reasoning Is not this a prittie kind of Argument thinke you neatly formed after that most hallowed pattern received from the Angel at Le font bl●u And therefore seeing our Brethren have so far discharged their trust as after all their Protestations Covenants and Oaths to Almighty God their Solemne League and Treaty with their Neighbour Nation of England thus in the field to meet us in this free and brotherly conference with such Solemn Covenant-Logick we may have doubtless great boldness confidence with our dear brethren of Scotland to pay them in their owne coyne for current and good Silver especially considering whose Image and superscription it be●reth So that upon the point we wish it be not of the sword we are agreed with our gude Lord Loudoun to give unto Caesar the things that are Caesars c pag 26. But now since our brethren take upon them in their armies to defend his person we desire of our deare brethren to tell u● against whom is this their defence If against us and our armies then we●e●ly that if your Covenant now bind you thereto then why did you not by this Covenant joyne armies with them before in all his H●●●i●ity against the two Houses for by our s●●●tility his person was endangered and subject to the ca●u●●ity and execution of warre himselfe in person and in armes appearing against ●u●● Scotch Papers Pag. 9 And whereas it is affirmed by the Treaty the Scotch Armie ought to doe nothing without a joynt resolution of both Kingmdomes or their Committees there is no such clause in the Treaty but they are to be subject to such resolutions as are and shall be agreed upon and concluded mutually between the Kingdomes and their Committees Ans By thit we may see how willing our brethren are to get a creep hole and how they shufle and cut to strugle themselves out of the Btyers But gude brother Jockie be content to stick here a while for if to their Resolutions as you say you must be subject then you must not be subject to that which is contrary to their resolutions But your armies retaining of his person is contrary to the joynt advice and consent of both Kingdomes for as yet both parties are not agreed Therefore this is a manifest breach of the Treaty so that if you wou'd have done as becommeth brethren you should have stayed first to have heard the joynt advice or consent of both Kingdomes before you had given him entertainment For indeed had there not been mischiefe designed in the thing and intended against this Kingdome the King knowing the mutuall obligation and solemne Vnion betwixt the two Kingdomes and the mutuall relation he had to them both and each mutually to him would if he had intended to lay down armes against this Kingdome rather in this emergency of War have dsiposed of his person honoured by both Kingdomes with the title of the King of both Kingdomes to the Committee of both Kingdomes wherein the joynt military interest of both Kingdomes is represented conferd and united and both thereby incorporated into one deputative body and as it were both made flesh of each others flesh and bone of each others bone that so in that one act and at one time both Kingdomes equaliy and respectively would have received their King of each Kingdome though presented in one person even England and Scotland have received and kept the King of England and the King of Scotland in that their entertainment of his person for the bet●er disposall thereof by the Parliaments and Estates of both Kingdoms being conquered by the mutuall force conjunction of their armies for then neither Parliament Kingdome nor Armie had acted singly or divided but it would been absolutely an act of both Kingdomes This we say he rather would have done then in this factions divided neture to have thrown himselfe upon one Kingdome unknown to the other and without the others advice and consent had it not been on set purpose to have cast a bone of division betwixt them that both He and your selves by joynt occasioned faire opportunity might compasse your designes to subjugate the neckes of the Freemen of England to your Scotch Monarchicall Yoake of Bondage in gendering strife And you your selves had your intentions to wards us been upright should rather have referred him to the said Committee of both Kingdomes then thus to have attempted the receivall of him by your own millitary power which was a desperate thing however in case unawares he were received yet you might ere this knowing the mutuall and joynt interest of the two Kingdomes so well as you doe and seeing it raiseth-such jealousies and is likely to occasion such a desperate and bloody division betwixt us you might ere this have delivered or at least proposed the resignment of His person if not to the two Houses yet to the custody of the said Committee to whom indeed naturally and properly as the case now standes betwixt the two Kingdomes he belongeth no joynt power of the two Kingdomes but that being extant to be by them retained till the joynt consent and determination of both Kingdomes You tell us that at the hearing of the
if you should dispose of it for ever for the difference would only be in the protract of time not in the nature of the thing Further the thing betwixt the two Kingdomes by the Conant and Treaty is not what he might doe but what the two Kingdomes thereby are mutually bound to doe for the Covenant and Treaty was not made with him but betwixt the two Kingdomes So that his voluntary Act was nothing to your nationall duty and obligation for his personall will was no wise included in the condition thereof Then was neither his personall assent nor dissent required to the making either of the one or the other So that his voluntary comming or staying is neither here not there to your act for this receiving and retaining though voluntary by him is as well an actuall disposing of yours though not in that aggravation as if you had fet him and continued him by force or constraint as you call it And therefore the act of your receiving and keeping his person without our consent is that against which we except It is not about the manner how whether by his will or by your force that our difference is stated but about the definitive matter of disposition it selfe although with your manner how and the like you would delude us and divert us from the state of the question reasoning from the manner and so concluding against us in the matter when indeed you should reason from the matter and then it would be otherwise Therefore your receiving and continuing is an absolute possession and disposing thereof and so it is your act Besides he could neither enter nor continue without your consent For can a well fortifyed City be entered by a single man without force or there be continued except the Citizens please and is not your armie equivolent thereto Therefore it is the act of your pleasure though his be added therto the addition whereof nothing diminishing there-from for by how much the more his pleasure and your pleasure agrees without ours by so much the more is it dangerous and suspitious but the concord conjunction thereof is to such an high measure aspired that you are not ashamed to tell us that you will not have him delivered or disposed of contrary to his will which must needs be his personall will for were it his leagall will he then would be assenting to the Orders and determinations of his great Counsell the two Houses of Parliament his legall will wee are sure it cannot bee except from the Parliament he carried with him the Soveraign power of the land it hath journeyed with him ever since and now with him he hath brought it to our dear Brethren of Scotland If it be so then truly our Brethren have all this while of their concurrance with us against him been Traytors and Rebels thereto as well as our selves yet sure our dear Brethren if it be but for their credits will not say so and if they doe not then what are our brethren now It must needs be granted and concluded at first or at last So that how to award our dear Brethren from Treason and Rebellion against the Soveraigne Power of this Land wee doe not see therefore our dear Brethren might doe well with their next papers to send us a paire of Scotish-spectacles that are fit for our eyes and their caractar for by our English reading printed by Evan Tyler at London wee can read them no other as yet Therefore in the meane time in our answer to the Will of the King we must consider that Will as the Will of Charles Steuart contrary to whose Will you will not have him disposed so that in deed and in truth you place the whole power of the disposall of Charles Steuart in the Will of Charles Steuart and make that his personall Will the Essence of that Disposall for the Will of Charles Steuart if he must not be delivered without it may contradict null and make voide whatever gainesaies So that the advice and consent of the two Houses c. which you so oft talke of in your papers is but a shaddow without a substance cast before our eyes a Nut without a kernell that you have given us to crack a Bore without marrow that you have thrown in amongst us So that we can judge little better of our brethren in this then of such as carry water in one hand and fire in another Scotch Papers page 4. Our Armies are not tyed to be subject to the resolutions and directions of either Kingdome Scotland but of both joyntly Answer If your Armies be so tyed and obliged England then how came they loose and obsolved thereof in this your reception and continuance of his person without their resolutions For as yet there hath been no joynt resolve of both Kingdomes about it and thus to put trickes upon us you play fast and loose at your pleasure When you plead for your selves page 2. you say it is a fundamentall right and liberty c. that none can without consent impede or restraine your King from comming amongst you to performe the duties of a King and with this you would cover over the act of your admission and reception of his person And when you reason against the two Houses in opposition to their Votes you tell us it is one thing what the Parliament of England might have done in another cause and warre before their engagements by Covenant it is another thing what ought to be done after such conditions and tyes imposed c. whereby you would deprive the two Houses of that which before you urge for your selves namely fundamentall Rights c. and utterly debar them in this difference from all retrogradation beyond the Covenant yet your selves will run in infinitum beyond it you can urge your fundamentall Rights and liberties for you your selves in your reception of the King of Scotland but will not permit them upon any termes because of the Covenant from their fundamentall rights and liberties of the Kingdome of England to Vote the disposing of the King of England in England Therefore by your favour dear Brethren of Scotland since thus you play at boe-peepe with your Brethen of England we will answer your first reason with your second It is one thing what you might have done before the Covenant and another thing what you may doe after but by the Covenant even as your selves say His person must be absolutely wholy disposed of by the joynt advice ctconsent of both Parliaments so that by your Covenant you are bound not to medle at all singly in his disposall eitherof so much as receiving or entertaining him But let us a little expostulate with our deare brethen of Scotland is this your dealing with us as becomes brethen Is this your brotherly conference to condemne that in us which you will allow in your selves first to plead your fundamentall rights and freedomes c. And then in the
of the two Houses But now whereas you urge his voluntary comming as if it were only voluntary in him and not like voluntary in you which by Covenant compact and treatie was not upon any termes or in any wise without our consent to have been by you It is a plaine case that there was a voluntary concurrance betwixt you even of the Kingdome of Scotland with the King of England before he had laid downe Arms taken up in Rebellion against the Soveraigne power of his Throne the two Houses of Parliament and against the Free-People of England and that absolutely by you without the joynt advice and consent of the said Houses and Kingdome for you foreknew of his intent and were fore acquainted with his comming before his arrivall at your Armie and this is not only to be proved from the secret and trayto●rous Treatie betwixt you and the King from the latter end of March last 1646. Managed by the intervention of Montrevill the French Ambassador and designed in France but also by what was-open manifest and undenyable For to omit his foot-steps from Oxford he came publickly into Southwell foure miles distant from your Armie and there was entertained by the said Montrevill who was deputed and provided to receive him and forthwith he sent unto your Armie to informe you that he was come thither then Lesley your Generall Metrapolitan over all the Blew-Caps of Scotland repaired unto him and with him entertained a Treatie and so he came voluntary to your armie and there voluntarily ever since doth continue as you your selves doe confesse Now let any reasonable man judge whether here were not a mutuall concurrence of voluntary consent before his enterance into your Armie without all advice and consent of ours And whether it is reasonable to imagine that the King should cast his person voluntarily into the hands of those which were the first commoters and raiser of troubles and warres entring his dominions of England with open Hostillity for which he proclaimed them Traitors and Rebells and now again●stand Traytors and Rebells by his Proclamations and Declarations and which are still in Armes against him and by solemne League and Covenant contracted and aspoused to the two Houses of England in their war-fare against him without the fore knowledge consent compact assurance of your armie and Kingdom truly for our parts considering all his politick subtile and crasty plots and proceedings in all his Millitary designes we cannot imagine him so inconsiderate and mad● as to run his person without all assurance on such a perillous hazard or play such a card as that at a vensure amongst you without a full fore surety from you and a compact betwixt you under hand and seale for his entertainment and successe with you and if we may judge the tree by its fruits we are sure it can be no other Besides had you not been concurrent in will with him contrary to our privitie and consent he could not have entred much lesse continued in your armie without your consent and whether you would or no. So that indeed and in truth as the matter now stands betwixt you and us his comming must needs be reputed and concluded your single act and neither may we nor can we esteem it otherwise for his will or his Action is nothing to the state of the question or difference betwixt England and Scotland in this matter for you your selves say pag. 9. that it is cleere from the third Article of the Treaty that the Scotish armie is to receive the directions of both Kingdomes or of their Committees in ALL THINGS which may concerne the pursuance of the ends of the Covenant and Treaty whether in relation to PEACE or WARRE In the eight Article no cessation pacification or agreement for peace WHATSOEVER is to be made by either Kingdom or the armie of either Kingdome without the advice and consent of both Kingdomes Now deare brethren by these very words of the Treaty thus cited by your selves you are by your selves exempted and denyed of all power of intermedling about any thing whatsoever concerning peace or warre without the advice and consent of the two Kingdomes If so then why have you attempted this act of reception and detaining of his person without the mutuall concurrent advice and consent of the two Kingdomes which so mightily concerneth our weale or our woe our peace or our warre for this your seasure of his person in this manner is of as high and great concernment about the matter of warre as can be imagined for it openly and apparently threatneth division and warre betwixt the two Kingdomes and thereby you your selves are the deviders and threatners contrary to your old and present asseverations and abjurations in your booke of former Intentions thus you assert of your selves we could iudge our selves the unworthiest of all men See intentions of the Armie of Scotland pag. 3. and could looks for no lesse then vengeance from the Righteous God if we should move hand or foot against that Nation so comfortably represented to us in that honourable meeting And pag. 10. Let them be accursed that shall not seeke the preservatition of their neighbour Nation and in your former Informations Declarations and Remonstrances you have cursed all Nationall Invasions and Treacherie And now in the Papers you cry God forbid that the wayes of separating interests of the Kingdomes should now be studied pag. 5. And in the Lord Loudouns speech in the Painted Chamber pag. 21. That no man hath conscience and honour who will not remember our Solemne League and Covenant as the strongest bond under Heaven between God and man and between Nation and Nation c. Yet these asseverations and execrations are now made as nothing and these your strongest bonds between God and man as you call them are but as Sampsons cords to be burst asunder at your pleasure but God will deliver up your strength if by your timely repencance you doe not prevent the vengeance of Heaven which hangs over your head For why will you thus fairly professe with your tongnes unto us and deale so treacherously with us in your hearts why should you receive and entertaine the King and yet protest against all sole disposall of his person and why should you tell us that his Majesties comming to your armie is a more probable and hopefull way to preserve the union of the two Kingdomes when as your selves see that it is the most unluckiest meanes of division and of fomenting a war betwixt the two Nations as Hell could broach and though the Lord Londoun breath out your menaces about that disposall and openly thre●tneth us with forces from Scotland and Ireland and with the assiistance of forraign Princes yet all this you would make us beleeve were we but as the Horse and the Mule which have no understanding is for the stricter and firmer union betwixt the two Kingdomes but deare brethren we are not so undiscerning and sottish
to the two houses of Parliament without the consent of the Kingdome of Scotland for if his voluntary comming be the reason of the one then his unvoluntary comming must needs be the reason of the other for as your own paper Champion saith contrariorum contraria sunt consequentia therefore hereby you have brought the consent of your own Parliament to be inferiour and subject to his will the which notwithstanding the said Champion told him they should be forced to settle things without in case he should not assent pag. 19. The which reasonings if they be not pro and con be you your selves Iudges and let the world judge whether it be fair dealing so to reason in a matter so neerely concerning the weale of the two Kingdomes the lives and states of thousands and ten thousands Scotch Papers Ibid The place of the Kings vesidence is at his own Election in either of the Kingdomes as the exigency of affaires shall require and he shall thinke fit or else must be determined by the mutuall advice and consent of both Kingdomes Ans What more fast and loose still Sometimes with your consent and sometimes without your consent sometimes with the joynt advice of both Kingdomes and sometimes without it sometimes with his personall will and sometimes without his personall will and now to make all indifferent What is the meaning of our brethren in this are they not in their witts thus to jumble and jump forward and backward and backward and forward againe and then to lye all along betwixt both For by this clause it seemes that the disposall of his person is indifferent either at his will or at the ioynt advice of the two Kingdomes Vtrum horum mavis accipe one of the twain chuse you whether so that if his person be either wise disposed yet by this clause it is justified the one as well as the other being asserted in that clause then againe to adde to the number of those jugling Husteron-Proteron trickes by the position of their order they make the will of the King predominant to the consent of the two Kingdomes for if by locall position we may judge of preheminence according to our nationall custome the greater to take the wall of the lesse then the will of the King is thereby preferred before the consent of the two Kingdomes for it hath the precedency therein How ever by that clause they are made of equallity for they are not urged by the way of disparity but by the way of equallity therein Therefore by that clause there is not a pin to chuse betwixt them So that which is first gone forth whether his will or the two Kingdomes consent that must stand irrevocable and not to be moved by the other for could it then were it as nothing a meere shadow without substance for then the absolute disposing were only in one because if one may depose what the other disposes then that which disposeth is all in all and the other hath no will vote choice or consent in the thing but is wholy dependant and must be subject to the power of the other which may conclude order revoake and reverse at its pleasure Therefore from this reasoning of our deare brethren it followes thus 1. That this present disposall of his person being as your selves say voluntary is irrevocable by either or both Kingdomes because his will for that disposall was first past forth which for that matter as is already proved by this present ground of yours is as unalterable as the Lawes of the Medes and Persians So that it is in vaine for the two Houses of England to expect a delivery of the King of England from the Scotish Armies for by this to make sure worke of his person they have put themselves out of a capacitie of his delivery upon any tearmes whatsoever And therefore we may bid our gude King gude morrow my Leige for all the day and for ever Amen Farewell frost if he never come more nothing is lost 2. If by the sentence and judgement of our dear brethren of Scotland the Kings personall disposall be at his owne Election and Will and so inherent therein then by the sentence and judgement of our deare brethren of Scotland the dislocation of the Kings person by his personall will all this while from the two Houses of Parliament of England is justified and our deare Brethren of Scotland thereby made confederate with him in that act and so consequently guilty of all the rebellion made by his personall will against the two Houses of Parliament and the People of England 3. If by the Argument of our deare brethren of Scotland the King according to the exegencie of affaires may dispose of his person at his pleasure then by the Argument of our deare brethren of Scotland according to the exegencie of affaires the King may depart from our deare brethren of Scotland at his pleasure when or whether he pleaseth although his pleasure should be never so pernitious or perilous to our deare brethren of Scotland for his pleasure may only be knowne to himselfe and not at all to our deare brethren of Scotland no moe then it was foreknown as our deare brethren would make us believe at his comming to them Therefore if our deare brethren of Scotland will have him according to the exigency of affaires to be disposed of at his pleasure then according to the exigency of affaires our deare brethren of Scotland must run the hazard of his pleasure But for be better deciding of the matter about his will it is to be questioned 1. Whether since the Covenant and Treaties either England or Scotland may assert that the place of the Kings residence is at his owne Election the which as the case since hath stood may in no wise be honourably granted for thereby in all reason it must be concluded that the two Kingdomes tooke upon them the sole disposall of his person without the least relation or respect to his personall wil For should that not be concluded then his arbitrary disposal of his person so many times in open and actuall hostility against the Parliament and people of England were justifiable 2. It is to be considered that though before this his hostility against the Parliament and people he might dispose of his person from White-Hall to Hampton Court or the like without the joynt advice of the two Kingdomes whether now the case be nor altered or no 3. In regard he hath most properly leavied and made warre against the Parliament and People of England and in regard the Scotch engagement was but in assistance of their brethren of England Whether his person thereupon is not most properly due to the two Houses of Parliament and thereupon they might properly vote the disposall thereof notwithstanding his King-ship of Scotland by reason the Offence was properly against them and a maine end of the war was to reduce and recover his person unto the Custody and power