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
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
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
in relation to the warre Although this be really answered from the nature of the thing the Kings coming to the Scottish Army being an emergency of the warre and so the delivering of His Person comes under the regulation and direction of both Kingdomes or their Committees as an Act of the Scottish Army Yet that all doubt may be removed wee further adde that it is cleere from the third Article of the Treaty that the Scottish Army is to receive the Directions of both Kingdoms or of their Committees in all things which may concern the pursuance of the ends of the Covenant and Treaty whether in relation to Peace or Warre In the 8th Article of the Treaty no Cessation Pacification or agreement for Peace whatsoever is to be made by either Kingdom or the Army of either Kingdom without the advice and consent of both Kingdoms And in the 9th Article all differences arising between the Subjects of the two Nations are to be resolved and determined by the mutuall advice and consent of both Kingdoms Object 3. That the Scottish Armie did carry away the King from the Leaguer before Newark when there was a Committee of both Houses there without seeking their consent and that they have since disposed of him without consent of the Houses of Parliament whereas by the Treatie they ought to do nothing without a joynt resolution of both Kingdoms or their Committees Answ No sooner did the King come into the Scottish Army but the very same day the Committee of Estates of Scotland residing with that Army did acquaint the Commissioners of both Houses therewith And not satisfying themselves with this the day following they wrote a Letter to the Committee of Scotland residing at Edinburgh and another to the Committee of both Kingdoms here which was communicated to both Houses desiring the advice of this Kingdome as in a matter of common interest and declaring they would obey the joynt resolutions of both Kingdoms Yet no answer or advice was returned unto them either from the Houses or their Commissioners But immediatly after the surrender of Newark they received information that five thousand Horse and Dragoons from Sir Thomas Fairfax his Army were upon their March towards them Northward which the honourable House of Peers was pleased to give order to stop there being no Enemy in those parts to be opposed Upon consideration whereof the Quarters wherein they had stayed during the siege of Newark being extreamly exhausted and the Service for which they came thither being performed for preventing mistakes or new troubles between the Kingdoms They removed into Tork shire and the King as he came unto them of his owne accord did voluntarily March along with them Upon severall occasions afterwards They and we did earnestly desire the honourable Houses to send a Committee to joyn and co-operate with the Committee of Estates there upon the place in all things according to the Treaty But no answer was returned And from time to time the Houses were acquainted with the proceedings in that Army which were according to the Covenant and the known resolutions of both Kingdoms to debarre all such of both or either Kingdoms as had been in Arms against the Parliament from coming into their Quarters or to the Court or to the Kings Person according to the desire of the House of Peers And whereas it is affirmed That by the Treaty the Scottish Army ought to do nothing without a joynt resolution of both Kingdoms 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 Kingdoms or their Committees as by Ordinance of Parliament the Army under the command of the Earle of Essex or of Sir Thomas Fairfax was to receive and observe the Directions of the Committee of both Kingdoms sitting at Westminster But in case no new Directions were sent unto them they were left to former Orders if any were or otherwise to their own judgement and discrection There was never any such resolution agreed upon between the Kingdoms or their Committees as that the Scottish Army should not receive the King if he came unto them but it is an agreement between the Kingdoms in the Covenant that they should preserve and defend his Majesties person And in the Declarations of both Kingdoms to rescue him from the common Enemy So that the Scottish Armie having often desired to know the direction and advice of the Houses of Parliament concerning the King and no new Directions being signified unto them According to the Treaty they were to observe the Directions and Resolutions formerly agreed upon between the Kingdoms And as the Scottish Army do and will ever acknowledge that they claim no power to dispose of the Kings Person but are subject to and shall be ready to follow low whatsoever both Kingdoms shall agree upon as best for the King and Kingdoms so their keeping and pâ—eserving his Majesties Person as they would do to any person of his eminency and relation in an Army or Garrison Town without the least thought of hindering his voluntary return to his Parliament cannot be reputed or called a disposing of his person Object 4. If any Peere of England go to the Scottish Armie and desire their Protection can he not be disposed of without the consent of the Committee of Estates of the Kingdom of Scotland residing with that Army Answ There is a wide and manifest difference betwixt the relation the Scottish Armie hath to any Subject of England and the relation they have to their King which are sufficiently distinguished in the third and fourth Articles of the Covenant for by the one they are mutually obliged to preserve and defend his Majesties Person and by the other they are mutually obliged to endeavour that all Incendiaries and dividers betwixt the King and his people or betwixt the Kingdoms be brought to tryall and condigne punishment before the supream Judicatories of the Kingdoms respectively And the Kingdom of Scotland hath equall right and interest with the Kingdom of England in the disposal of the Person of the King which they cannot pretend unto concerning the Person of any Subject of England Object 5. That seeing it is alleadged by us that the disposing of the Kings Person comes in place of a Peace then the receiving of the King into the Scottish Armie without consent of the Houses is aequivalent to the making of a Peace without consent of the Kingdome of England contrary to the eighth Article of the Treatie Answ It hath been sufficiently answered before that the Scottish Army neither hath nor will take upon them to dispose of the King He came unto them without Capitulation or Treaty his residence with them is voluntary and free and they do nothing which may hinder him to come to his Houses of Parliament But if the kingdom of Scotland should consent to the desire of the Houses that they may