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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A75416 An ansvver to a speech without doores: or, Animadversions upon an unsafe and dangerous answer to the Scotch-papers, printed under the name of Mr. Challener his speech, which while it offereth to reach a blow at the Scotch-papers, doth indeed strike at the honour of the Parliament, and interest of the kingdome of England. Birkenhead, John, Sir, 1616-1679. 1646 (1646) Wing A3351A; Thomason E362_9; ESTC R201213 4,567 7

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Ambassadour coming from another Kingdome or State expect no sufficient protection in England by the Law of Nations but by the Lawes of England without which protection as this Paper saith every man may kill him and destroy him nor can he have such protection except he become withall a Subject of England And was not the Honour of the Parliament and Kingdome of England in this well preserved Sure Foraine Nations will not thinke so It cannot be denied saith the Paper but there is a two-fold subjection Legall and Locall And this though it be onely pro tempore and the other during life yet it doth for the time totally obstruct the operation of the other subjection so that no King can command any Subject of his living out of his Kingdome but such Subject of his is to be disposed of by the sole Authority of that supreme Power where he makes his residence By which rule being at least equally applicable to any that are subject to the Parliament when both Houses send Commissioners into Scotland these Commissioners must not be subject to the Orders and Commands of the Houses of Parliament but must be disposed of by the sole Authority of the supreme Power in that Kingdome And is not this fine for the Honour of the Parliament He that will make it stand with their Honour Magnus mihi erit Apollo But come on Pag. 7. I doe affirme that if a King of Scotland should have come into England before the union of both these Kingdomes he had been instantly a Subject of England and his person to be disposed of by the sole Authority of the Lawes of England By which Principle the Prince of Wales now in France is become a Subject of France and his Person to be disposed of by the sole Authority of the Lawes of France so that the King and Parliament have not Authority to recall him And is not this a good salve for the Honour of the Parliament O brave Pag. 8. W● cannot admit of any regal●ty in the Person of a King of Scotland coming into England No man can be said to be Rex but in Regno And by just Analogy the Parliament of England cannot be acknowledged a Parliament but in England only neither can their Commissioners in any other Kingdome or State be admitted to propound declare treat or conclude in name of both Houses And is not this well look't unto for the Honour of the Parliament Is it not Pag. 9. If they the Scotch be our fellows why come they not to our Parliament Therefore if it can be made to appeare that they are our fellowes equalls and brethren they may come to our Parliaments Loe here how well the Priviledge of Parliament is preserved Here followes also a Story of John King of England cited as Duke of Normandy to appeare at Paris Whereunto the English replied That if the Duke of Normandy did goe the King of England must goe and if the Duke of Normandy were beheaded they knew well enough what would become of the King of England It was resolved by the Lawyers that if John had been in Normandy at the time of his summons he ought to have appeared but not so being in England Where beside the vast disproportion of comparing the case of one who was King of one Kingdome and Subject of another with his case who is a free Monarch of two free Kingdomes the Narration doth also extremely strengthen the Scotch Paper which it pretendeth to oppose for they answer the English now just as the English did then answer the French that is If this present King of England must be disposed of by the sole Authority of both Houses of Parliament what shall then become of the Person of the King of Scotland where is then the Scotch King in Concreto If the notion of a King in Abstracto be sufficient against the Scotch in this debate sure it was as strong against the English then Behold what a rationall account is here given for the single and sole Authority of the Parliament of England to dispose of the King of both Kingdoms If this be well pleaded I confesse I have lost my judgement Pag. 12. tells us the Kingdomes are now contending about the Kings Person not who should have it but who should not have it Which reflecteth strongly upon the Parliament and will inferre that forasmuch as they decline or shunne to have the Kings Person either they did not wisely or not uprightly when they Voted that his Person is to be disposed of as both Houses shall thinke fit And is not this much for the Honour of Parliament Is it not Pag. 14. 'T is desired to be considered whether as the case now stands The Kings safety be not incompatible with the safety of the Common-wealth I will not here relate what is vox populi concerning that Gentlemans old discontents at the King but I blesse my selfe to thinke where we now are when after so many Oaths Protestations Declarations and Covenants as for other ends so for the safety of the Kings Person 't is notwithstanding endeavoured to make the world beleeve that there is a great doubt made in Parliament whether the Kings safety is not incompatible with the safety of the Common-wealth And is this now compatible with the Honour of Parliament In fine I doe not know whether the Scotch may like this Speech of Mr Challenor for the matter of it as being a malleable Answer yea such as in the opinion of Intelligent Readers fortifieth their Papers not a little But I much mistake if it have a favourable aspect from the Parliament either for the matter or for divers acrimonious expressions in it which as I cannot easily beleeve to have beene spoken in that honourable Senate so none I thinke will like well provoking Language but those who desire to put the Kingdomes by the ears from which misery and from all the Plots both of Sectaries and Malignants Good Lord deliver us Amen FINIS