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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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any other way for healing of differences between two free Nations which are as Brethren and equalities and neither of them subordinat 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 advcie and consent of both How much better is it according to the 6th 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 fit that in the managing of this War there should be a conjunction of the Councels of both Kingdoms in reference to the English aswell as to the Scottish forces How much more may we expect a conjunction of Councels in disposing of His Majesties Person wherein the one Kingdome is as much interested as the other If more need to be said in this businesse we hope it is not forgotten how the Declarations of both Houses and their Commissioners sent into Scotland to desire their assistance and engagement in this Warre did invite solicite and perswade that Nation upon principles of common interest And in regard the one Kingdome cannot enjoy a firme and durable peace while the other is in warre Wee were also put in mind of the affection and duty which becometh brethren And as we did upon these and the like considerations espouse our brethrens quarrell So it cannot be offensive that we desire from them an improvement of the very same principles And that the same measure of the Conjunction of interests be given to us which was got from us God forbid that wayes of separating the interests of the Kingdoms should now be studied as much as ways of Uniting them were before indeavoured We cannot but expect beter things from our Brethren then in their posterity to desert us who did engage and joyn with them in their greatest affliction Or to think of securing their own Peace without us while the troubles of our Kingdome continue Wherefore wee cannot choose but obtest by the common good of both Kingdomes by the conjunction and parity of interests by the love of Brethren by Declaration of both Houses by former presidents by the Treaty between the Kingdoms by the solemn League and Covenant yea by the very law of Nations and rules of common equity that there may be a conjunction of the Counsells and resolutions of both Kingdomes in disposing of that royall Person who is King of both and that all lawfull and possible means of which is one and a cheife one may be used which may preserve His Majesties Person honour and hapinesse according to the Covenant Monarchicall government according to the fundamentall lawes of both Kingdoms Together with a firme and happy Union between the Kingdoms These principles we desire still to go upon And therefore if the vote of both Houses communicated unto us be understood as a materiall demand of his Majesties Person to be delivered unto them to be disposed of as they shall think fit This as it doth not necessarily follow from the words of the vote nor doth agree with that sense of the vote which in charity we are most willing to entertain so there are just great reasons against it We acknowledge that wee are not to presume the worst but the best concerning the intentions of the honorable Houses towards the King But we do not doubt it will be mutually acknowledged that for preventing of differences afterward it is most fit and necessary that there be a cleere and distinct understanding between the two Kingdomes in a businesse of this nature and consequence And that it is not to be expected from private persons though under jurisdiction much lesse from another Kingdome that they should passe from their interest or just security because they have to do with such as they judge to be honest and faithfull To speake therefore to the nature of the thing in it self if the Scotch army should deliver up His Majesties Person without his owne consent and that upon the vote communicated unto us which although it may suffer a benign interpretation and be understood of the disposing of the Kings Person favorably and honorably yet as the words stand is comprehensive and capacious of more then is fit to be expressed This Act of the Army were not agreeable to their Oath of Allegeance obliging them to defend his Majesties person from all harms and prejudices nor to the Solemne League and Covenant which was not intended to weaken but to strengthen our Allegeance and to wipe off the calumny and aspersion of Rebellion For which end before our engagement in this Warre it was mutually covenanted between the Kingdoms to preserve the Kings Majesties Person and Authority in the preservation of the Religion and Liberties of the Kingdoms Thereby holding forth to the world that the preservation and defence of Religion and Liberties may well consist and was intended to consist with the preservation of his Majesties Person and Authority whom therefore our Army cannot deliver to be disposed of by any others at pleasure This delivery were also inconsistent with that joint equall and common interest of both Kingdomes in the disposall of his Majesties Person which we have before asserted And were upon the matter a passing from the right interest of the Kingdom of Scotland in that businesse It were also contrary to his Majesties power of residence in any of his Kingdoms and to the free exercising of the duties of his place and acts of personall Government such as the hearing and redressing of the grievances of his Subjects in Parliament and his concurring to the making of Laws Neither could it stand with the Commissions given to the Committee of Estates and general Officers of our Army or with their military Oath to deliver up their Ki●… without his own consent and without warrant from the Parliament of Scotland to be disposed of by another Nation Even as it were not to be expected that the Army under the command of Sir Thomas Fairfax if they were in Scotland for our assistance there in the like cause and under the like ingagement in a recesse of the Parliament of England and without their warrant would upon the like demand deliver up the King having cast himself in their hands to be disposed of by the Parliament of Scotland Finally if it be contrary to the Law and common practice of Nations to deliver up the meanest subject fled to them though it be for the greatest crimes for which cause the Parliament of England in the 4. of King James as likewise in the large Treaty refused a generall Act of remanding between the two Kingdomes unlesse they should be united into one how much more would the world abroad condemn our Army for a base and dishonourable act if they should deliver up their
well as of England and is Head and Monarch of both Kingdomes cannot be disposed of by any one of the Kingdomes alone but what ever is to be done concerning the disposing of his Majesties Person ought to be done by joynt advice common consent of both as may serve most for the Peace security and happinesse of the King and Kingdomes which we did prove by severall Arguments To which there was nothing answered in effect but That the King being within England his person was to be disposed of as the two Houses shall think fit and that the King being with the Scottish Army and they being paid by the Parliament of England he is in effect in the power of the Houses and ought to be at their disposing in the same way as if he had come in the Army of Sir Thomas Fairfax or any other of the Parliaments Armies To which we shall not need to make any reply other then we have made already That the Kings present residence in England nor no locality can take away the reality of our relations formerly mentioned by us farre lesse can it take away the ingagements and stipulations betweene the Kingdomes and though the Scottish Army be paid by the Parliament of England yet they are the Army of Scotland raised for pursuance of the ends of the Covenant and are to be ordered and directed by the Parliaments or Committees of both Kingdomes And therefore they cannot with conscience duty nor honour deliver the Person of the King without his owne consent to be disposed of as the two Houses shall thinke fit but we have declared and doe still declare That we are content that the Person of the King be disposed of the word Disposed being taken in a right sense as may serve most for the Peace safety security honour and happinesse of the King and both Kingdomes and did offer to your Lordships consideration his Majesties coming to or neere London as the most probable meanes to procure a speedy and well-grounded Peace And seeing your Lordships have done us the honour to meet with us in this free and brotherly Conference we doe expect that you will concurre and assent to this Proposition or propound a better expedient for the good of both Kingdomes But if the honourable Houses will not admit of this Proposition our next desire is that it may appear no lawfull and possible meanes are left unassayed which may procure a happy agreement betwixt the King and his Parliaments and for our further exoneration That Commissioners may yet once more be sent ●…om both Kingdomes to his Majesty to shew the meaning of our Propositions ●…d to assert them and to heare the Kings doubts and difficulties and desires who ●…ay further intimate that if his Majesty shall not give a satisfactory answer to the Propositions then both Kingdoms will without making any such further application to him take such course as they shall judge fittest for the peace and security of the Kingdomes And as at the opening of this Conference I did begin with an humble lawfull and laudable desire for unity in relation to Religion the King and amongst our selves so shall I close in the same dialect for the first of Religion if we doe remember our vowes to God to perform them and shall endeavour really constantly and sincerely the Reformation of Religion and uniformity according to our Covenant we may certainly expect that God will crowne this great worke wherein he hath honoured us to be actors with his blessing but if in place of uniformity which we are obliged to endeavour there shall be a toleration of all Sects and sorts of Religion and if we neglect to build the house of God and become insolent upon our successes although we could mount up with Eagles wings and build our nests as high as the starres and had an army who for valour and strength could march to Constantinople God shall lay our glory low in the dust and suffer the work to fall in our hands like the confusion of Babell And what ever hath been moved by us concerning the King we desire it may be rightly constructed as proceeding from such as have not wavered from their first principles for when the King was in the height of his power we did not and I hope never shall flatter him and when the enemy was in the height of their pride and strength Scotland did feare no colours and now when the King is at his lowest ebb and hath cast himselfe into our Army for safety we hope your Lordships will pardon us from our sense of honour and duty to be very tender of the person and posterity of the King to whom we have so many neer relations and not like the worse of us that we cannot so farre forget our allegeance and duty as not to have an antipathy against the change of Monarchical government in which we have lived through the descent of so many Kings and under which both kingdomes have been governed so many ages and flourished in all happinesse And now my last word shall be for constant Vnity between the kingdomes which as it hath been the chiefe meanes to promote the great work wherein both kingdoms are so deeply engaged so there is nothing can make us so formidable to our enemies nor so much aiding one to another as the cherishing and continuing thereof and I dare say that no man would divide the one from the other but such as desire to fish in troubled waters and are reall enemies to both God hath blest the joynt endeavours of both Nations both are in one ship and are come through a very great storme and now when we are come in the harbour it would be great shame to both to split upon the rocks of division devorate bove deficere in cauda and your Lordships may be confident that Scotland who have esteemed no hazzard too great for settling of Religion and love to their Brethren will stick so fast and firmly to you so long as you hold the principles of your Covenant as no feare nor favour will ever be able to divide them from you and we doe expect that reciprocal amity which may perpetuate our Vnity The Lord Chancellour of Scotland his Speech to the Kings Majesty at NEWCASTLE YOur Majestie was pleased on Monday last to call the Lords of your privy Counsell of Scotland and the Committee to acquaint them with the Propositions and told That before the delivery of your answer you would make the same known to them The time assigned for the stay of the Commissioners is so short and the consequence of your Majesties answer is of so great importance either for the preservation or ruine of your Crown and Kingdomes as we could not be answerable to God nor to that trust reposed in us unlesse we represent to your Majesty how necessary it is as the condition of affaires now stand and in so great an extremity that your Majesty should assent to the