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 he might receive his Crown of Scotland by a Vicegerent there or that it might be sent hither unto him Like as this present Parliament when the King went last into Scotland to settle the Peace of that Kingdom did earnestly desire and presse that 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 go into that Kingdom for reciving that Crown so His Majesty found it expedient to goe thither for the setling of Peace It may also be remembred as to the interest of England that the English Nobility both at the Berks 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 go so farre upon a back trade whatsoever the joynt interest of the Kingdoms was formerly it is without controversie now much more conioyned And unlesse we lay aside the Covenant Treaties Declaration of both Kingdomes and three years conjunction in this warre Neither the one Kingdom 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 obliged 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 Kingdom 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 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 aswel 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 Kingdoms 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 Countries 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 as well as we to hinder the setting up of the Church government by Bishops in the Kingdome of Scotland And that we as well 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 obliged 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 appear 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 tied to be subject to the resolutions and directions of either Kingdome singly but of both jointly 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 onely without the counsell and consent but before the settlement 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 matter 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 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 Kiâ—… 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
we are bound in the strictest bonds of loyall Subjection by our Allegeance and Covenant as to one Head and Monarch and therefore the faithfull endeavours of both Kingdoms should without wearying be constantly contributed That we may be united to him by a happy and just Peace For if one of the Kingdoms shall cast off the King and the other have a King if the one shall make Peace with the King and the other not make Peace but be still at variance with him it is to be feared that no humane wit not policie will be able to keep the two Kingdoms long without a rupture And if it please God so to incline the Kings heart and direct the wisdome of the Parliaments as that the King and wee could make a happy agreement no power or policie can be able to divide us for Qui conveniunt uni terrio conveniunt interse The third ground and relation of our Unitie is the conjunction of the two Kingdoms which hath been acknowledged to be so necessary and usefull to both That they have often declared they would stand and fall and like Hippocrates twins live and dye together And therefore as we regard our solemn Covenant with God Almighty and tender the standing and safety of the Kingdomes let us with one heart and mind joyn our Counsels and Actions That whatsoever we resolve upon for our common Peace and Security in relation to the King and of each Kingdom to other that it be done in zeal to Religion in loyalty to the King and with unanimity amongst our selves Numerus Binarâ—us infamis est quia primus ausus est dâ—sceâ—…ere abâ—uâ—…tate And as the Pythagoreans did note the number of Two with the mark of infamy as being the first number that durst part from Unity so which soever of the Kingdoms shall first violate the Unity which is bound up in our Covenant may apply it to themselves but if we shall adhere to that Unity which is builded upon the firm foundation of Verity in our relations to Religion the King and amongst our selves it will be a three-fold cord which is not easily broken and our Unity I hope shall be turned into an Identity both Kingdomes may be perfectly one Having thus in the first place laid a ground for Unity of Counsels and Resolutions I shall in the next place humbly desire and protest That what-ever may be our Propositions or Debates concerning the King it be not mis-construed as if one of the Kingdomes were imposing conditions upon the other or that we aye absolutely wedded to any one desire more then to another but that all severall waies being amicably debated and rightly pondered That which may serve most for the safety security and happinesse of the King and both Kingdomes may be gravely resolved upon And now I come to the Question it self concerning the disposing of His Majesties Person first Negatively and then Positively Negatively thâ— Qâ—…stion is not of the power and authoritie of the Houses of Parliament in disposing of any person or judging of any case which is of single concernment to England Nor is the Question how the Kings Person may be disposed of de facto by any one of the Kingdoms neither is the Question properly de jure posse but de esse bene esse And as it is neither good Logick nor good Divinity to argue 〈◊〉 pâ—sse ad esse so sure I am in this case it is far worse policie for either Kingdome to dispute what they may do in the height of their power when both are consulting what is fittest to be done for the Peace and Security of both And the relation of both Kingdoms to his Majesty and of each Kingdome to other being rightly considered as he is King to both as both are Subjects to him as both are ingaged in the same Cause and have been in the same War and are labouring under the same Danger are seeking the same Remedies and should have the same Security we do hold that the disposing of the Kings Person doth not properly belong to any one of the Kingdomes but joyntly to both And after Scotland hath suffered the heat of the day and winters cold have forsaken their own peace for love of their Brethren have set their own house on fire to quench theirs After so much expense of their blood in all the three Kingdomes after we have gone along with you in all the hardship of this War and without vanity be it spoken have been so usefull in this Cause And that the King hath cast himself into the hands of the Scottish Army and that by the blessing of God upon the joynt indeavour of both Kingdoms we are come to the harbour of a peace We cannot expect that the honourable Hâ—uses will think it agreeable with conscience or honour or with the justice of the Houses that the Person of the King should be disposed of by them as they shall think fit or by any one of the kingdoms alone but that what ever shall be resolved in this may be done by joynt advice of both as may serve most for the peace security and happinesse of both Kingdoms The Lord Chancellour of Scotland his second Speech At a Conference in the Painted Chamber with a Committee of both Houses Octob. 6. 1646. AT our last meeting in this Conference your Lordships did assert the Vote of the Houses That the Person of the King should he disposed on as the two Houses shall think fit And we did hold that the King who is the Head and Monarch of both Kingdoms ought not to be disposed of by any one of the Kingdoms but by joynt advice of both as might serve most for the peace happinesse and security of his Majesty and both Kingdoms which we fortified with severall arguments from the interests and relations which both Kingdoms have equally to the King and from the Covenant and Treaty between the Kingdoms as the best way â—o preserve our Vnity But since your Lordships do adhere to the Vote of the Houses as that which you cannot part from We do humbly desire that your Lordships may be pleased in time convenient at the close of this Conference to report the difference of our judgment to the honourable Houses who upon better reasons both may and we hope will take their Vote into further consideration And so with reservation of our judgement that the disposing of his Majesties Person doth belong to both and not to any one of the Kingdoms especially in such a juncture of affaires as both Kingdoms stand engaged in this cause I shall descend particularly how the Kings Person should be disposed of to the best advantage of both Kingdomes and for attaining such a happy peace as all good men should desire But lest we should walk in the dark upon obscurity of ambiguous words I shall desire that the word of disposing of the Kings Person may be rightly understood and the true sense of it may be
clearly known For Dolus versatur in universalibus For To dispose of the Kings Person as both Houses or both Kingdoms shall think fit may in some sense be to depose or worse But berause the word Dispose may admit a more benign interpretation as when men commit their estates and children or that which is dearest to them to be disposed of which is but to be advised by these who have nearest relation to them and in whom they repose most trust I shall speak of the disposing of his Majesties Royall person in that sense which I hope is also the sense of the Houses Nor doe I know any other way how his Majesties Person can be disposed of but that he be put either under restraint or be at freedome with honour and safety As for the way of restraint I look upon it as it looks upon us as a remedy more dangerous then the disease and as a mean to draw the war of forain Kings upon us especially the Prince being in other Kingdoms rather then to quiet our troubles at home And therefore supposing that none of the Kingdoms will take any way concerning his Majesties Person but such as may consist with duty and honour and which may lessen and not encrease our troubles I shall lay aside the way of restraint and speak of the way which may be with freedome honour and safety which can be no other but that his Majesty shall go into Scotland or come to his Parliament here or some of his houses neer-abouts His going into Scotland is full of dangers and inconveniences to both Kingdomes The Amalckites are not yet driven out of that Land The bloudy barbarous Irish banded with a wicked crew of Malignants possesse the Mountains and high-lands which are the strong holds and never conquered parts of that Kingdome They have not laid down Arms but keep in a body together and they are so neere Ireland as the Forces of the Rebels there may in two or three houres space come over and joyn with them and Scotland not being able to keep and entertaine Armies long the King being there may raise such Forces in Scotland as may make way quickly into England And therefore his Majesties going into Scotland before our peace be settled being of most dangerous consequence to both Kingdomes I shall humbly offer to your Lordships consideration his Majesties coming to London or some of his houses here-abouts as the most probable way to procure a speedy and happy agreement which is also his Majesties own desire in his answer to the Propositions And although no perswasion of ours could prevaile to procure a more satisfactory answer for the time then what is returned to the Houses of Parliament yet I assure your Lordships that the Committee of Estates of the Parliament of Scotland and the Noblemen who were at Newcastle did faithfully contribute their best endeavours that his Majesty might have given his assent to the Propositions And as wee did then deliver our minds with that plainnesse and freedome which was fit for faithfull and loyall Subjects with no lesse regard to this Kingdom then our own Nation so are we now with the same candor and tendernesse of affection willing and ready to concurre with the honourable Houses in every thing which may promote the great work of Reformation and settle Religion according to the Covenant with a well grounded peace And for these ends we desire that his Majesties answer may be improved to the best advantage of the publike For albeit the King hath not given a present assent to the Propositions yet he hath not in his answer refused them but doth promise That hee will cheerfully grant and give his assent unto all such Bills at the desire of the two Houses and reasonable demands for Scotland which shall be really for the good peace of his people To which end he desireth and proposeth That he may come to London or any of his houses thereabouts upon security That he shall be there with honour freedome and safety as the best expedient to procure a happy agreement between his Majesty and his Parliament which we desire may be weighed in the ballance of righterous judgement as a business of the greatest consequence which can fall within humane consideration and wherein the glory of God is most concerned of any businesse under heaven For upon a blessed agreement between the King and his Parliament Religion and Righteousnesse Truth and Peace which are the compend and height of all happinesse will be established to the eternall fame and glory of great Britaine and the great comfort of all the Protestant Churches And upon our disagreement all the calamities of a bloudy and unnaturall war will be continued and nothing heard nor seen in Church nor State but confusion God hath brought both Kingdoms thorow the surges and waves of a boisterous tempest into the harbour of a peace hath scattered most part of our Enemies now our work is how to come a-shore establish a right peace I hope it is as far from our desires and intentions as it is against our Covenant and Professions to change fundamental government We have need to take heed that we run not from one extreme into another Dum stulti vitant vitia in contraria current Therefore our study would be how to cure the wound which our sins and the evill counsells of others have made between the King and his Parliament to make up the breach and not make it wider It hath been universally acknowledged That the Kings removall from his Parliament is the immediate and chiefe cause of all the war mischief and calamities of the kingdomes Then his Majesties presence in joyning with his Parliament must be the best if not the onely remedy to remove our troubles for it is a maxime no lesse true then common that Contraries have contrary consequents Contrariorum contraria sunt consequentiaâ— The King desires to come to his Parliament not onely to have his doubts cleered and have these difficulties explained which hinder his consent to the Propositions as they now stand But likewise that his coming may raise a mutuall confidence beween him and his Parliament If the last were done the first would soon be performed and all those mountaines of difficulties would easily be removed and become valleys Your Commissioners had no power to give any reasons no not so much as tel what is the meaning of any of your demands nor hearken to any desire of the Kings And certainly some things might be justly moved by his Majesty which are necessary for the Crowne and a well grounded Peace as That he may have his Revenues That he may return with honour and safety to his Crowne and government And if the King were with his Parliament where he might both give and receive satisfaction he might with reason be convinced to assent to what hee now conceives to be unreasonable The making of a peace is so great and
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 â—…om both Kingdomes to his Majesty to shew the meaning of our Propositions â—…d to assert them and to heare the Kings doubts and difficulties and desires who â—…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
means for their satisfaction we were pressed by them to come to a speedy agreement concerning the particular time of the removal of our Army out of this Kingdom which was insisted upon with so much earnestnesse as at the Conference in September last it was required that we should declare That our consultation about the disposing of the King should be no hinderance to the marching of our Army out of this Kingdom or to any Treaty concerning the same To which we did not onely willingly assent but have since declared That we were ready within four and twenty hours to agree concerning the time and place of the payment of the first 200000 l. and the security to be given for the other and to appoint a day for the delivery of the Garisons and marching of our Army out of this Kingdom For above these six moneths past no money hath been sent to our Army nor hath any course been taken for their maintenance during that time but they have been forced to quarter upon the Northern Counties of whose sufferings we have been so sensible That there was no mean could occur to us which might afford them relief but we have from time to time represented the same to the honorable Houses And we may from certain knowledge and with confidence say That for above these two moneths past the Northern Counties have been no more desirous to be eased of their pressures then the Scottish Army hath been to remove out of this Kingdom and return to their native Countrey All which notwithstanding we do perceive that our malicious enemies will never give over to calumniate even our best actions and most faithful endeavours and for their own base ends to foment and increase jealousies and differences between the Kingdoms as may appear by a printed declaration here enclosed which we find to be so full of wicked spite bitter invectives and â—etestable lies against the Scottish Army so directly aiming to stir up a dis-affection in the people against that Nation and Army as we could not but present it to the view of the honorable Houses earnestly desiring them seriously to consider how they would construct of it if Diurnals and Pamphlets of this kind were daily licensed in the kingdom of Scotland to be printed against the English Nation or Army and no course taken for their vindication but rather all Papers which may cleer their proceedings denied to be licensed or stopped and suppressed We did long since in our Paper of the eleventh of August expresse our confidence that the honourable Houses in their wisdom and justice would take some course to prevent such vile abuses for the future and have ever since been expecting to hear of their resolutions for a speedy redresse But having perceived that the patience of the Houses hath animated the Authors of such Pamphlets to return to their former boldnes we are necessitated to renew our former desires being still confident that if the honourable Houses could spare but a little time from their greater affairs upon the perusal and consideration of a few of the Diurnalls and Pamplets that are almost daily published to the World their wisdom and affection would never bear with so many base calumnies and reproachful aspersions as are therein cast upon their Brethren of Scotland with whom they are tyed by so many bonds and mutual obligations We shall not further insist upon this busines expecting upon what is already represented to receive speedy satisfaction not doubting also but that the honourable Houses will in their wisdom and civility give order that the speeches of the Lord Chancellour of Scotland lately seized on at the Presse and which were by him discharged to be published till the conference was reported to the Houses shall be returned unto us And to end a happy correspondence with love and amity may be inviolably preserved between the Kingdoms we do again earnestly desire That all inconveniences by approaching of Armies may be prevented that some course be taken for the present maintenance of the Scottish Army and ease of the Northern parts Or which we much rather desire that the 200000. l. may be forthwith provided and sent to that Army and without further delay that a day may be agreed on for the delivery of the Garrisons and marching of our Army out of this Kingdom that after all these troubles and heavie pressures of both Kingdoms they may at last enjoy the fruits of their labours A happy Peace which is the earnest desire of Your Lordships most humble Servants Lowdoun Lauderdail Charles Erskine Hugh Kennedy Rob. Barclay Worcester House the 29. of Octob. 1646. For the Right Honourable the Speaker of the House of Peers pro tempore The Lord Chancellour of Scotland his first Speech At a Conference in the Painted Chamber with a Committe of both Houses Octob. 1. 1646. My Lords and Gentlemen THe end of this Conference is to advise what is fit to be done for the Peace and Security of the Kingdomes in relation to the King and how to dispose of his Majesties Person which is a matter very ticklish and of most high concernment and they who would build very high must dig very low for a firm foundation And therefore I shall make bold to desire That what ever we resolve upon concerning the Kings Majesty it may be done by joint advice and consent of both Kingdoms and that the Unity between the Kingdomes may be inviolably preserved as that wherein next to Gods protection the chief strength of both lies which would be laid as a ground of our future debates And because the purpose we are to speak of is very grave and serious I shall speak of it with that sincerity as I wish my words were written with the beams of the Sun and registred to posterity that all the world might see the candor and integrity of our proceedings towards the King and our Brethren of England And as I had occasion once to expresse in this place so do I now say That no man hath conscience nor honour who will not remember our solemn League and Covenant as the strongest bond under heaven between God and man between man and man and between Nation and Nation in which our Unity is founded upon Verity in a threefold relation to God to the King and amongst our selves The first is the greatest and ascends as high as heaven for Religion which hath its name a religando unites us to God himself and so long as he is in League with us we need not fear who be against us Let us therefore hold fast our Unity in Religion and beware of Toleration of all Religions which is the ready way to have none for there is nothing more divine in God then Unitie and nothing more Diabolicall in the Divell then Division who therefore is known to the vulgar by his cloven foot to be the spirit of Division The next ground and relation of our Unity is with the King to whom
Propositions and that the danger and losse of your refusall will be remediles and bring on sudden ruine and destruction I shall begin first with the last which is the danger and shall next speak a word of the remedy The differences between your Majesty and your Parliament which no man knows better then your Majesties selfe are growne to such a height that after many bloudy battels there is no cure but a present peace otherwise nothing can be expected but certain destruction The Parliament is possest of your Navy and of all the Forts Garisons and strong holds of the Kingdome They have the Excise Assessements and Sequestrations at their disposall and have authority to raise all the men and mony in the Kingdome and after many victories and great successes they have a strong Army on foot and are now in such a posture for strength and power as they are in a capacity to doe what they will both in Church and State And some are so afraid others so unwilling to submit themselves to your Majesties government as they desire not you nor any of your race longer to raigne over them Yet the people are so wearied of the wars and great burthens they groane under are so desireous of peace and loth to have Monarchicall government under which they have lived so long in peace and plenty changed that such as are unwearied of your Majesteis government dare not attempt to cast it totally off till once they send Propositions of Peace to your Majesty lest the people without whose concurrence they are not able to carry on their designe should fall from them And therefore all the people being desirous that after so great wars and troubles they may have a perfect security from oppression and arbitrary power The Houses of Parliament have resolved upon the Propositions which are tendred to your Majesty as that without which the Kingdome and your people cannot be in safety and most part of the people think that there cannot be a firme peace upon any other termes Your Majesties friends and the Commissioners from Scotland after all the wrestling they could were forced to consent to the sending of those Propositions or to be hated as the hinderers of peace and to send no Propositions at all And now Sir if your Majesty which God forbid shall refuse to assent to the Propositions you will lose all your friends lose the City and all the Country and all England will joyne against you as one man and when all hope of reconciliation is past it is to be feared they will processe and depose you and set up another government they will charge us to deliver your Majesty to them and to render the Northren Garisons and to remove our Army out of England and upon your Majesties refusing the Propositions both Kingdomes will be constrained for their mutuall safety to agree and settle Religion and Peace without you which to our unspeakable griefe will ruine your Majesty and your Posterity And if your Majesty reject our faithfull â—dvice who desire nothing on earth more then the establishment of your Majesties Throne and lose England by your wilfulnesse your Majesty will not be permitted to come and ruine Scotland Sir we have laid our hands upon our hearts we have asked councel and direction from God and have had our most serious thoughts about the remedy but can finde no other as affairs stand for the present to save your Crowne and Kingdomes then your Majesties assenting to the Propositions We dare not say but they are higher in some things if it were in our power and option to remedy it then we do approve of But when we see no other meanes for curing the destempers of the Kingdomes and closing the breaches between your Majesty and your Parliaments our most humble and faithfull advice is That your Majesty would be graciously pleased to assent to them as the onely best way to procure a speedy and happy peace because your Majesty shall thereby have many great advantages You will be received again in your Parliament with the applause and acclamations of your people by your Royall presence your friends will bee strengthned your enemies who feare nothing so much as the granting of the Propositions will be be weakned Your Majesty will have a fit opportunity to offer such propositions as you shall in your wisdome judge fit for the Crowne and Kingdom All Armies will be disbanded and your people finding the sweet fruits of your peaceable government your Majesty will gaine their hearts and affections which will be your strength and glory and will recover all that your Majestie hath lost in this time of tempest and trouble And if it please God so to incline your Royall heart to this advice of your humble and faithfull servants who next to the honour of God esteem nothing more precious then the safety of your Person and Crowne Our actions shall quickly make it appeare to all the world That we esteem no hazzard too great for your Majesties safety and that we are willing to sacrifice our lives and fotunes for establishing of your Throne And now Sir we prostrate our selves at your Majesties feet and in the lowest posture of humility doe beg That your Majestie may in end grant the sute of your most humble Servants and faithfull subjects who have no private aimes but only the glory of God and safety of your Majesties Person Posterity and Crowne before our eyes And the granting of our desires will revive our fainting spirits refresh our sad hearts which are overwhelmed and like to break with sorrow and will turn the prayers and teares of the many thousands of your people in praises to God and make them embrace your Majestie with acclamations of joy FINIS