A speech made in the House of Commons the 26th day of October, 1646 (upon the reading of the Scotish papers the same day, in reply to the votes of both houses of Parliament of the 24th of Sept. concerning the disposall of the kings person) / spoken by Thomas Chaloner, Esquier [sic], a member of the said house.
         Chaloner, Thomas, 1595-1661.
      
       
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             A speech made in the House of Commons the 26th day of October, 1646 (upon the reading of the Scotish papers the same day, in reply to the votes of both houses of Parliament of the 24th of Sept. concerning the disposall of the kings person) / spoken by Thomas Chaloner, Esquier [sic], a member of the said house.
             Chaloner, Thomas, 1595-1661.
             England and Wales. Parliament. House of Commons.
          
           15 p.
           
             s.n.,
             [London :
             1646]
          
           
             Caption title.
             Place and date of publication from Wing.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
         eng
      
       
         
           England and Wales. -- Parliament. -- House of Commons.
           Great Britain -- History -- Charles I, 1625-1649.
           Great Britain -- History -- Civil War, 1642-1649.
        
      
    
       A31559  R18165  (Wing C1804).  civilwar no An answer to the Scotch papers. Delivered in the House of Commons in reply to the votes of both houses of the Parliament of England, concern Chaloner, Thomas 1646    3693 4 0 0 0 0 0 11 C  The  rate of 11 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           A
           Speech
           made
           in
           the
           House
           of
           Commons
           the
           26th
           day
           of
           October
           1646.
           (
           upon
           the
           Reading
           of
           the
           Scotish
           Papers
           the
           same
           day
           ,
           In
           Reply
           to
           the
           Votes
           of
           both
           Houses
           of
           Parliament
           of
           the
           24th
           .
           of
           Sept.
           concerning
           the
           disposall
           of
           the
           Kings
           Person
           ,
           )
           spoken
           by
           Thomas
           Chaloner
           ,
           Esquier
           ,
           a
           Member
           of
           the
           said
           House
           .
        
         
           
             
               Mr.
            
             SPEAKER
             ,
          
        
         
           YOu
           have
           just
           now
           heard
           two
           Papers
           Read
           before
           you
           from
           the
           Commissioners
           of
           
             Scotland
             ,
          
           the
           first
           concerning
           the
           disposall
           of
           the
           Kings
           Person
           ,
           the
           other
           touching
           the
           distractions
           of
           the
           North
           ,
           by
           reason
           (
           as
           they
           say
           )
           of
           the
           non-payment
           of
           their
           Army
           :
           I
           shall
           speak
           nothing
           to
           the
           
           latter
           ,
           because
           it
           hath
           beene
           so
           sufficiently
           answered
           by
           divers
           knowing
           Members
           of
           this
           House
           .
           To
           the
           first
           I
           shall
           wholly
           apply
           my selfe
           ,
           because
           little
           or
           nothing
           hath
           beene
           said
           to
           that
           point
           .
        
         
           The
           question
           then
           before
           you
           is
           ,
           about
           the
           disposeall
           of
           the
           Kings
           person
           ,
           you
           say
           that
           ,
           hee
           is
           to
           be
           disposed
           of
           as
           both
           Houses
           of
           Parliament
           shall
           think
           fitting
           ,
           but
           your
           Brethren
           of
           
             Scotland
          
           say
           hee
           is
           to
           be
           disposed
           of
           as
           both
           Kingdomes
           shall
           think
           fitting
           ,
           And
           they
           Fortifie
           their
           affirmation
           with
           these
           reasons
           .
        
         
           They
           say
           that
           he
           is
           not
           only
           King
           of
           
             England
             ,
          
           but
           also
           King
           of
           
             Scotland
             ,
          
           as
           you
           have
           an
           interest
           in
           him
           ,
           hee
           being
           King
           of
           
             England
             ,
          
           so
           have
           they
           no
           lesse
           interest
           in
           him
           hee
           being
           KING
           of
           
             Scotland
             .
          
           And
           as
           they
           have
           not
           the
           sole
           interest
           in
           him
           ,
           hee
           being
           KING
           of
           Scotland
           ,
           because
           they
           acknowledge
           with
           all
           ,
           that
           hee
           is
           King
           of
           
             England
             ,
          
           so
           have
           not
           you
           the
           sole
           interest
           in
           him
           ,
           he
           being
           King
           of
           
             England
             ,
          
           because
           they
           desire
           you
           to
           remember
           ,
           that
           he
           is
           also
           King
           of
           
             Scotland
             :
          
           so
           as
           neither
           Nation
           having
           a
           sole
           ,
           but
           a
           joynt
           Interest
           in
           his
           person
           ,
           they
           ought
           joyntly
           to
           dispose
           of
           it
           for
           the
           weale
           and
           benefit
           of
           both
           Kingdomes
           :
        
         
           This
           I
           take
           to
           bee
           the
           whole
           scope
           of
           their
           Argument
           which
           they
           have
           represented
           unto
           you
           under
           so
           many
           disguises
           ,
           and
           as
           it
           were
           by
           multiplying
           
           glasses
           ,
           Insomuch
           as
           the
           bare
           relating
           of
           it
           takes
           up
           three
           large
           sheets
           of
           paper
           .
        
         
           But
           while
           they
           debate
           this
           great
           question
           with
           you
           ,
           touching
           the
           disposall
           of
           the
           Kings
           Person
           ,
           and
           while
           they
           possitively
           affirme
           ,
           that
           he
           is
           to
           be
           disposed
           of
           by
           the
           joynt
           consent
           of
           both
           Nations
           .
           Give
           me
           leave
           to
           remember
           you
           that
           in
           the
           meane
           time
           ,
           they
           dispose
           wholly
           of
           him
           themselves
           ,
           and
           so
           have
           done
           for
           these
           six
           months
           ,
           and
           may
           for
           six
           months
           longer
           ,
           for
           any
           thing
           I
           can
           gather
           out
           of
           these
           Papers
           .
        
         
           Their
           Argument
           runs
           thus
           .
        
         
           
             Wheresoever
             the
             Kingdome
             of
             
               Scotland
            
             hath
             an
             Interest
             in
             there
             King
             ,
             there
             they
             may
             dispose
             of
             him
             .
             But
             the
             Kingdome
             of
             
               Scotland
            
             hath
             an
             Interest
             in
             their
             King
             ,
             he
             being
             in
             England
             .
          
        
         
           
             Therefore
             in
             
               England
            
             they
             may
             dispose
             of
             him
             .
          
        
         
           Sir
           ,
           This
           may
           seeme
           at
           the
           first
           to
           some
           to
           be
           a
           faire
           and
           specious
           Argument
           ,
           but
           let
           it
           be
           well
           considered
           ,
           it
           will
           prove
           erronious
           and
           Fallacious
           .
           For
           in
           the
           Major
           Proposition
           they
           understand
           one
           thing
           by
           the
           word
           King
           ,
           and
           in
           the
           minor
           Proposition
           they
           understand
           another
           thing
           by
           the
           word
           King
           ,
           and
           so
           here
           is
           a
           conclusion
           inferred
           ,
           
           which
           the
           premisses
           will
           not
           warrant
           .
        
         
           For
           the
           cleering
           whereof
           ,
           I
           pray
           Sir
           ,
           remember
           that
           this
           word
           King
           is
           of
           a
           various
           signification
           ,
           sometimes
           it
           is
           taken
           in
           
             abstracto
             ,
          
           that
           is
           for
           the
           Royall
           power
           ,
           Function
           ,
           and
           office
           of
           a
           King
           ,
           sometimes
           it
           is
           taken
           in
           
             Concreto
             ,
          
           that
           is
           for
           the
           man
           or
           person
           whom
           we
           call
           King
           .
        
         
           If
           their
           Major
           Proposition
           be
           taken
           in
           the
           first
           sense
           ,
           we
           shall
           never
           deny
           it
           them
           ,
           nay
           wee
           shall
           acknowledge
           that
           the
           King
           of
           
             Scotland
          
           being
           taken
           in
           
             abstracto
             ,
          
           wee
           have
           nothing
           to
           doe
           with
           him
           at
           all
           ,
           hee
           is
           solely
           and
           totally
           theirs
           ;
           God
           forbid
           that
           a
           King
           of
           
             Scotland
          
           going
           out
           of
           his
           Kingdome
           ,
           should
           either
           make
           
             Scotland
          
           cease
           to
           bee
           a
           Kingdome
           ,
           or
           give
           any
           participation
           of
           interest
           to
           that
           Countrey
           where
           hee
           doth
           reside
           ,
           Let
           his
           person
           reside
           in
           the
           furthest
           parts
           of
           the
           earth
           ;
           yet
           the
           Royall
           Office
           and
           Capacity
           of
           the
           King
           resideth
           still
           in
           
             Scotland
             ,
          
           They
           have
           his
           sword
           to
           do
           Iustice
           by
           ,
           they
           have
           his
           Scepter
           to
           shew
           mercy
           by
           they
           have
           his
           Seale
           to
           confirme
           what
           they
           please
           by
           :
           And
           they
           have
           his
           Lawes
           to
           Governe
           by
           ;
           And
           in
           this
           sense
           it
           is
           only
           meant
           that
           the
           King
           is
           never
           under
           yeares
           ,
           never
           dyes
           ,
           cannot
           bee
           deceived
           ,
           can
           neither
           do
           wrong
           ,
           not
           take
           wrong
           ,
           of
           any body
           ;
           And
           in
           this
           sense
           we
           fight
           for
           King
           and
           Parliament
           ,
           though
           the
           person
           of
           the
           King
           bee
           in
           opposition
           to
           both
           ,
           and
           in
           this
           sense
           the
           returnes
           and
           tests
           of
           the
           Kings
           Writs
           are
           ,
           
             Coram
             me
             ipso
             apud
             VVestmonasterium
             ,
          
           and
           
             teste
             meipso
             
             apud
             VVestmonasterium
             ,
          
           let
           the
           Person
           of
           the
           King
           at
           the
           same
           time
           be
           in
           
             France
             ,
          
           or
           the
           remotest
           Country
           of
           the
           world
           ;
           but
           a
           
             King
          
           of
           
             Scotland
          
           taken
           in
           this
           sense
           is
           never
           out
           of
           
             Scotland
             ,
          
           and
           therefore
           whereas
           they
           say
           in
           the
           minor
           Proposition
           .
           That
           the
           Kingdome
           of
           
             Scotland
             ,
          
           hath
           an
           interest
           in
           their
           King
           ,
           he
           being
           in
           
             England
             ,
          
           this
           must
           needs
           be
           meant
           of
           a
           King
           in
           
             Concreto
             ,
          
           that
           is
           onely
           of
           the
           person
           of
           their
           King
           ,
           and
           not
           of
           his
           Royall
           Capacity
           ,
           And
           in
           this
           sense
           we
           must
           deny
           that
           they
           have
           any
           thing
           at
           all
           to
           doe
           with
           him
           .
           For
           though
           the
           Royall
           Office
           of
           the
           King
           of
           
             Scotland
          
           is
           solely
           to
           bee
           disposed
           of
           by
           the
           State
           of
           
             Scotland
             :
          
           Yet
           it
           is
           not
           so
           with
           his
           Person
           .
           For
           
             Persona
             sequitur
             loc●m
             ;
          
           and
           his
           person
           must
           be
           disposed
           of
           by
           the
           supreame
           power
           of
           that
           Country
           wheresoever
           he
           shall
           happen
           to
           abide
           .
           Suppose
           a
           King
           of
           
             Scotland
          
           should
           bee
           in
           
             Spaine
             ,
          
           will
           they
           say
           ,
           they
           have
           as
           great
           an
           interest
           to
           dispose
           of
           his
           Person
           there
           as
           in
           
             Scotland
             ,
             I
          
           thinke
           they
           will
           not
           say
           so
           :
           and
           yet
           they
           did
           affirme
           last
           day
           at
           the
           Conference
           ,
           that
           they
           had
           as
           good
           right
           to
           dispose
           of
           his
           person
           at
           Westminster
           ,
           as
           they
           had
           at
           
             Edenburgh
             .
          
           But
           under
           their
           favour
           
             England
          
           is
           as
           distinct
           a
           Kingdome
           from
           
             Scotland
          
           as
           
             Spaine
             :
          
           It
           is
           as
           distinct
           in
           Lawes
           ,
           distinct
           in
           Priviledges
           ,
           distinct
           in
           interest
           ,
           it
           is
           neither
           subordinate
           ,
           nor
           dependent
           of
           
             Scotland
             ,
          
           and
           they
           can
           no
           more
           dispose
           of
           a
           King
           of
           
             Scotlands
          
           person
           ,
           he
           being
           in
           
             England
             ,
          
           then
           if
           he
           were
           in
           
             Spaine
             .
          
        
         
         
           I
           shall
           take
           this
           as
           granted
           for
           good
           Law
           ,
           that
           let
           the
           person
           of
           any
           Nation
           under
           the
           fun
           ,
           which
           is
           in
           amity
           with
           
             England
             ,
          
           happen
           to
           come
           into
           
             England
             ,
          
           that
           person
           is
           forthwith
           a
           subject
           of
           
             ENGLAND
          
        
         
           For
           hee
           being
           protected
           by
           the
           Lawes
           of
           
             England
             ,
          
           hee
           becomes
           thereby
           subject
           to
           those
           Lawes
           ,
           it
           being
           most
           certaine
           that
           
             Protectio
             trahit
             subjectionem
             ,
             &
             subjectio
             protectionem
             ,
          
           they
           being
           relatives
           ,
           the
           one
           cannot
           stand
           without
           the
           other
           ,
           and
           as
           no
           man
           can
           be
           said
           to
           be
           a
           father
           that
           hath
           no
           son
           ,
           nor
           no
           man
           a
           husband
           ,
           that
           hath
           no
           wife
           ,
           so
           no
           man
           can
           bee
           said
           to
           bee
           protected
           ,
           that
           is
           not
           withall
           thereby
           subjected
           .
           And
           since
           without
           such
           protection
           every
           man
           may
           kill
           him
           ,
           and
           destroy
           him
           .
           It
           seemes
           to
           stand
           with
           no
           proportion
           of
           Justice
           ,
           that
           a
           man
           should
           bee
           protected
           in
           Life
           ,
           Limbe
           ,
           or
           estate
           by
           any
           law
           that
           will
           not
           subject
           himselfe
           to
           that
           Law
           .
        
         
           It
           cannot
           bee
           denyed
           ,
           but
           that
           there
           is
           a
           twofold
           subjection
           legall
           ,
           and
           locall
           ,
           the
           legall
           subjection
           is
           due
           from
           every
           subject
           to
           his
           naturall
           Prince
           ,
           the
           locall
           from
           any
           Forreigner
           to
           that
           Prince
           or
           State
           where
           his
           person
           doth
           reside
           .
           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
           bee
           disposed
           of
           ,
           by
           the
           sole
           Authority
           of
           that
           supreame
           power
           ,
           where
           hee
           makes
           his
           Residence
           :
           And
           since
           the
           question
           is
           onely
           about
           the
           person
           of
           a
           King
           of
           
             Scotland
             ,
          
           for
           I
           conceive
           they
           will
           not
           take
           upon
           them
           any
           Authority
           to
           dispose
           of
           the
           Person
           of
           a
           King
           of
           
             England
             ,
          
           I
           doe
           affirmc
           that
           if
           a
           King
           of
           
             Scotland
          
           should
           have
           come
           into
           ENGLAND
           ,
           before
           the
           Union
           of
           both
           these
           Kingdomes
           ,
           hee
           had
           beene
           instantly
           a
           subject
           of
           England
           and
           his
           person
           to
           bee
           disposed
           of
           by
           the
           sole
           Authority
           of
           the
           Lawes
           of
           England
           .
        
         
           For
           either
           wee
           must
           take
           him
           as
           a
           King
           or
           a
           Subject
           ,
           since
           betwixt
           them
           two
           there
           is
           no
           medium
           ,
           as
           a
           King
           wee
           cannot
           take
           him
           ,
           unlesse
           wee
           should
           commit
           Treason
           against
           our
           naturall
           Prince
           ,
           and
           subject
           our selves
           to
           any
           but
           to
           him
           ,
           it
           being
           most
           certaine
           ,
           that
           there
           is
           the
           same
           relation
           betwixt
           the
           King
           and
           his
           Subjects
           ,
           as
           betwixt
           the
           
           husband
           and
           his
           wife
           ,
           and
           as
           no
           man
           can
           be
           said
           to
           be
           a
           husband
           but
           his
           own
           Wife
           ;
           So
           no
           man
           can
           be
           said
           ●o
           be
           a
           King
           but
           to
           his
           owne
           subjects
           ,
           and
           therefore
           we
           cannot
           admit
           of
           any
           Regality
           in
           the
           person
           of
           a
           King
           of
           
             Scotland
          
           comming
           into
           
             England
             ,
          
           unlesse
           at
           the
           same
           time
           ,
           to
           the
           same
           person
           we
           should
           confesse
           subjection
           .
           For
           that
           it
           is
           most
           true
           ,
           that
           as
           none
           can
           be
           said
           to
           be
           
             Rex
             sine
             Regno
             ,
          
           so
           no
           man
           can
           be
           said
           to
           bee
           
             Rex
          
           but
           in
           
             Regno
             :
          
           Therefore
           if
           a
           King
           of
           
             Scotland
          
           comming
           as
           afore
           said
           into
           
             England
             ,
          
           if
           against
           the
           Lawes
           of
           England
           hee
           doe
           offend
           ,
           by
           those
           Laws
           of
           
             England
          
           he
           must
           be
           tryed
           ,
           and
           by
           none
           other
           ,
           For
           
             ubi
             quis
             delinquit
             ,
             ibi
             punietur
             ,
          
           And
           it
           is
           most
           sure
           ,
           that
           we
           have
           disposed
           of
           the
           persons
           of
           Kings
           of
           
             Scotland
          
           comming
           into
           
             England
          
           both
           living
           and
           dead
           .
           And
           if
           wee
           may
           dispose
           of
           the
           person
           of
           a
           King
           of
           
             Scotland
          
           without
           the
           consent
           of
           the
           Kingdome
           of
           SCOTLAND
           ,
           much
           more
           may
           wee
           dispose
           of
           the
           person
           of
           a
           King
           of
           ENGLAND
           ,
           hee
           being
           now
           
           in
           England
           without
           their
           privity
           or
           advice
           .
           But
           if
           they
           have
           any
           power
           to
           dispose
           of
           him
           ,
           it
           is
           because
           they
           are
           either
           our
           Masters
           or
           our
           Fellows
           :
           if
           they
           be
           our
           Masters
           ,
           let
           them
           shew
           the
           time
           when
           they
           conquerd
           us
           ,
           or
           the
           price
           for
           which
           we
           were
           sold
           unto
           them
           :
           If
           they
           be
           our
           Fellows
           ,
           why
           come
           they
           not
           to
           our
           Parliaments
           ,
           why
           contribute
           they
           not
           to
           our
           necessities
           ?
           But
           as
           it
           is
           apparent
           that
           they
           being
           two
           distinct
           Kingdomes
           ,
           governed
           by
           two
           distinct
           Lawes
           :
           so
           they
           ought
           not
           to
           intermeddle
           one
           with
           anothers
           interest
           ;
           but
           to
           content
           themselves
           with
           what
           doth
           naturally
           appertaine
           to
           each
           of
           them
           severally
           .
        
         
           There
           is
           no
           doubt
           to
           be
           made
           ,
           but
           that
           every
           Husband
           hath
           as
           great
           an
           interest
           in
           the
           person
           of
           his
           wife
           ,
           as
           any
           Subject
           hath
           in
           the
           person
           of
           his
           Soveraigne
           ;
           and
           yet
           a
           man
           may
           lose
           that
           interest
           by
           some
           act
           of
           his
           Wives
           ,
           as
           if
           she
           commit
           Felony
           ,
           Murder
           ,
           or
           Treason
           ,
           the
           Law
           disposeth
           of
           her
           person
           ,
           and
           her
           husband
           cannot
           claime
           any
           right
           ,
           so
           much
           as
           to
           her
           dead
           body
           :
           so
           fareth
           it
           with
           a
           King
           ,
           who
           by
           going
           out
           of
           his
           Kingdome
           ,
           or
           by
           being
           taken
           prisoner
           by
           his
           enemies
           ,
           his
           Subjects
           lose
           the
           interest
           they
           had
           in
           him
           ,
           and
           he
           is
           at
           the
           disposall
           of
           his
           enemies
           
             Iure
             belli
             .
             Iohn
          
           King
           of
           England
           was
           cited
           to
           appeare
           at
           Paris
           to
           answer
           for
           the
           death
           of
           
             Arthur
             Plantagenet
          
           Duke
           of
           Britaine
           whom
           hee
           had
           murthered
           ;
           the
           State
           of
           England
           would
           not
           let
           him
           goe
           ,
           as
           holding
           it
           a
           great
           indignity
           and
           incongruity
           that
           a
           King
           of
           England
           should
           answer
           for
           
           any
           thing
           at
           Paris
           right
           or
           wrong
           ;
           The
           French
           answered
           that
           they
           cited
           him
           not
           as
           King
           of
           England
           ,
           but
           as
           Duke
           of
           Normandy
           ;
           as
           King
           of
           England
           they
           acknowledged
           to
           have
           nothing
           to
           doe
           with
           him
           ,
           he
           was
           in
           that
           respect
           without
           them
           and
           beyond
           them
           ;
           but
           as
           Duke
           of
           Normandy
           which
           he
           held
           in
           fee
           of
           the
           Crown
           of
           France
           ,
           he
           owed
           fealty
           and
           allegiance
           for
           the
           same
           to
           the
           Crowne
           of
           France
           ,
           and
           therefore
           ought
           to
           answer
           .
           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
           ;
           Upon
           large
           debate
           hereof
           by
           all
           the
           Lawyers
           in
           France
           it
           was
           resolved
           that
           if
           
             Iohn
          
           had
           been
           in
           Normandy
           at
           the
           time
           of
           his
           summons
           ,
           he
           ought
           to
           have
           appeared
           ;
           but
           he
           being
           
             Extra
             jurisdictionem
             Reg●i
             Franciae
          
           at
           the
           time
           of
           his
           summons
           ,
           and
           
             infra
             jurisdictionem
             Regni
             Angliae
             ,
          
           though
           legally
           he
           were
           a
           subject
           of
           France
           ,
           yet
           locally
           he
           being
           in
           England
           ,
           his
           summons
           was
           voyd
           ,
           and
           hee
           forfeited
           nothing
           by
           his
           non-appearance
           .
        
         
           I
           will
           onely
           urge
           one
           argument
           more
           deduced
           from
           a
           knowne
           maxime
           of
           the
           Law
           ,
           not
           of
           England
           but
           of
           Scotland
           also
           ,
           which
           the
           Commissioners
           of
           Scotland
           the
           other
           day
           at
           the
           Conference
           did
           cite
           themselves
           ,
           in
           my
           opinion
           much
           against
           themselves
           ,
           and
           that
           is
           this
           ,
           
             Quando
             Duo
             Iura
             ,
             imo
             Duo
             Regna
          
           (
           sayth
           a
           great
           Lawyer
           )
           
             concurrant
             
             in
             una
             persona
             ,
             aequum
             est
             ac
             si
             essent
             in
             diversis
             ,
          
           which
           is
           no
           more
           then
           this
           ,
           when
           two
           kingdomes
           held
           by
           two
           distinct
           Titles
           doe
           concur
           in
           one
           and
           the
           same
           person
           ,
           it
           is
           all
           one
           as
           if
           they
           were
           in
           two
           distinct
           persons
           .
           I
           suppose
           here
           is
           our
           very
           case
           ,
           here
           are
           two
           kingdomes
           .
           England
           and
           Scotland
           ,
           held
           by
           two
           distinct
           Titles
           ,
           which
           doe
           both
           concur
           in
           one
           Person
           ,
           in
           the
           person
           of
           King
           CHARLES
           ;
           it
           is
           all
           one
           sayth
           this
           rule
           and
           maxime
           of
           the
           Law
           ,
           as
           if
           they
           were
           under
           two
           severall
           persons
           ;
           why
           then
           put
           the
           case
           ,
           that
           there
           were
           one
           King
           of
           England
           and
           another
           of
           Scotland
           ,
           should
           the
           State
           of
           Scotland
           have
           any
           thing
           to
           doe
           to
           dispose
           of
           the
           person
           of
           a
           King
           of
           England
           ,
           he
           being
           in
           England
           ?
           I
           thinke
           you
           will
           say
           they
           could
           not
           .
        
         
           Sir
           ,
           I
           am
           sorry
           that
           our
           brethren
           have
           moved
           this
           question
           at
           this
           time
           ;
           for
           all
           questions
           make
           debates
           ,
           and
           debates
           differences
           ;
           and
           this
           were
           a
           time
           for
           brothers
           to
           reconcile
           differences
           rather
           then
           to
           make
           them
           ;
           we
           have
           now
           lived
           44
           yeeres
           ,
           both
           under
           two
           Princes
           ,
           and
           in
           all
           this
           time
           this
           question
           was
           never
           stirred
           in
           ,
           till
           now
           ;
           had
           it
           been
           stirred
           in
           ,
           no
           question
           but
           it
           had
           been
           rejected
           .
           The
           people
           of
           England
           would
           have
           held
           it
           very
           strange
           that
           they
           could
           not
           have
           disposed
           of
           the
           person
           of
           their
           owne
           King
           ,
           or
           that
           a
           King
           of
           England
           could
           not
           have
           gone
           from
           Whitehall
           to
           Richmond
           or
           Hampton-court
           without
           
           the
           will
           and
           appointment
           of
           the
           Councell
           of
           Scotland
           :
           they
           would
           have
           thought
           they
           had
           made
           an
           evill
           bargaine
           by
           such
           a
           union
           .
           For
           before
           the
           union
           they
           might
           have
           disposed
           of
           the
           person
           of
           their
           Prince
           ;
           but
           after
           ,
           not
           .
           And
           since
           they
           conceived
           that
           by
           the
           addition
           of
           Scotland
           there
           was
           an
           addition
           of
           charge
           ▪
           they
           would
           have
           been
           very
           sorry
           withall
           to
           have
           had
           an
           addition
           of
           servility
           .
        
         
           Since
           the
           beginning
           of
           the
           World
           there
           was
           never
           before
           such
           a
           contention
           about
           the
           person
           of
           a
           King
           .
           The
           Greekes
           and
           Trojans
           did
           contend
           for
           a
           long
           time
           in
           fight
           about
           the
           dead
           body
           of
           
             Partroclus
          
           which
           of
           them
           should
           have
           it
           .
           But
           here
           is
           not
           a
           contention
           about
           the
           dead
           body
           of
           a
           private
           man
           ,
           but
           about
           the
           living
           body
           of
           a
           King
           ;
           neither
           doe
           we
           contend
           as
           they
           did
           ,
           who
           should
           have
           his
           person
           ,
           but
           here
           you
           do
           contend
           (
           as
           farre
           as
           I
           conceive
           )
           who
           should
           not
           have
           it
           .
           Your
           brethren
           of
           Scotland
           say
           positively
           they
           will
           not
           have
           the
           Kings
           person
           upon
           any
           conditions
           whatsoever
           .
           It
           is
           now
           above
           six
           moneths
           past
           that
           you
           voted
           in
           this
           House
           the
           demanding
           of
           the
           Kings
           person
           ,
           but
           the
           Lords
           refused
           to
           joyne
           with
           ye
           ;
           ever
           since
           untill
           this
           present
           you
           your selfe
           did
           Acquiesce
           as
           if
           you
           had
           repented
           of
           your
           former
           vote
           ;
           Now
           he
           must
           be
           put
           upon
           you
           ,
           and
           with
           such
           termes
           as
           his
           present
           Gardians
           please
           to
           allow
           of
           .
        
         
         
           Truly
           it
           seemes
           strange
           to
           me
           ,
           that
           an
           Army
           of
           Scots
           in
           pay
           of
           the
           kingdome
           of
           England
           ,
           which
           by
           the
           Treaty
           ought
           to
           be
           governed
           by
           the
           joynt
           consent
           of
           the
           Committees
           of
           both
           kingdomes
           upon
           the
           place
           ,
           should
           in
           England
           take
           a
           King
           of
           England
           without
           the
           privity
           of
           the
           English
           Committee
           ,
           and
           convey
           him
           to
           Newcastle
           a
           Towne
           likewise
           of
           England
           ,
           and
           should
           there
           keepe
           him
           for
           six
           whole
           moneths
           without
           the
           consent
           of
           both
           Houses
           of
           Parliament
           .
           And
           when
           they
           finde
           it
           not
           convenient
           for
           them
           to
           keepe
           him
           any
           longer
           ,
           then
           they
           will
           capitulate
           with
           you
           upon
           what
           conditions
           you
           must
           receive
           his
           person
           .
        
         
           I
           never
           thought
           to
           have
           found
           a
           King
           of
           England
           his
           person
           being
           in
           England
           ,
           under
           any
           other
           protection
           but
           that
           of
           the
           Lawes
           of
           England
           ;
           but
           now
           I
           finde
           him
           under
           the
           protection
           of
           a
           Scottish
           Army
           ,
           whether
           they
           say
           hee
           is
           fled
           ;
           for
           shelter
           ,
           and
           that
           they
           cannot
           render
           him
           up
           in
           Honour
           .
        
         
           Sir
           ,
           if
           that
           Army
           of
           theirs
           be
           come
           into
           this
           kingdome
           as
           brethren
           ,
           friends
           ,
           and
           confederates
           (
           as
           we
           hope
           they
           are
           )
           then
           is
           every
           person
           of
           that
           Army
           during
           the
           time
           of
           his
           stay
           here
           locally
           a
           subject
           of
           England
           ,
           and
           such
           children
           as
           are
           borne
           to
           them
           here
           are
           not
           Aliens
           but
           Denisons
           ,
           and
           not
           onely
           locall
           but
           legall
           Subjects
           of
           this
           kingdome
           .
           And
           therefore
           they
           having
           gotten
           
           the
           King
           into
           their
           hands
           ,
           they
           ought
           no
           more
           to
           capitulate
           upon
           what
           terms
           he
           should
           be
           delivered
           into
           yours
           ,
           then
           if
           the
           Army
           of
           Sir
           
             Thomas
             Fairfax
          
           were
           in
           possession
           thereof
           ,
           who
           if
           they
           should
           deny
           the
           surrendring
           of
           the
           King
           unto
           you
           ,
           but
           upon
           condition
           ,
           no
           question
           but
           it
           were
           capitall
           .
        
         
           They
           say
           ,
           that
           by
           vertue
           of
           the
           Covenant
           they
           are
           obliged
           to
           defend
           his
           Person
           and
           Authority
           .
           What
           his
           Authority
           is
           in
           Scotland
           themselves
           best
           know
           ;
           but
           you
           onely
           are
           to
           judge
           of
           it
           in
           England
           ,
           since
           being
           not
           subordinate
           to
           any
           power
           on
           Earth
           ,
           there
           is
           no
           power
           under
           Heaven
           can
           judge
           you
           .
           The
           Covenant
           ties
           you
           to
           maintaine
           in
           the
           first
           place
           the
           Rights
           of
           Parliament
           ,
           and
           the
           liberties
           of
           the
           Kingdome
           ;
           and
           in
           the
           second
           place
           the
           Kings
           Person
           and
           Authority
           ;
           and
           that
           onely
           in
           defence
           of
           the
           former
           ,
           and
           not
           otherwise
           .
           And
           whereas
           they
           expect
           the
           King
           should
           be
           received
           by
           you
           with
           Honour
           ,
           safety
           ,
           and
           freedome
           ,
           I
           beseech
           you
           ,
           Sir
           ,
           consider
           whether
           (
           as
           the
           case
           now
           stands
           )
           his
           Reception
           with
           Honour
           can
           stand
           with
           the
           Honour
           of
           the
           Kingdome
           ,
           whether
           his
           safety
           be
           not
           incompatible
           with
           the
           safety
           of
           the
           Common-wealth
           ,
           and
           whether
           his
           freedome
           be
           not
           inconsistent
           with
           the
           freedome
           of
           the
           people
           .
        
         
           I
           pray
           (
           Sir
           )
           take
           heed
           least
           that
           bringing
           him
           in
           with
           Honour
           you
           doe
           not
           dishonour
           your
           
           selfe
           ,
           and
           question
           the
           very
           justice
           of
           all
           your
           Actions
           ;
           be
           wary
           that
           in
           receiving
           him
           with
           safety
           you
           doe
           not
           thereby
           endanger
           and
           hazard
           the
           Common-wealth
           ;
           be
           advised
           least
           in
           bringing
           him
           home
           with
           freedome
           ,
           you
           doe
           not
           thereby
           lead
           the
           people
           of
           England
           in
           thraldome
           .
        
         
           I
           pray
           (
           Sir
           )
           first
           settle
           the
           honour
           ,
           safety
           and
           freedome
           of
           the
           Common-wealth
           ,
           and
           then
           the
           honour
           ,
           safety
           ,
           and
           freedome
           of
           the
           King
           ,
           so
           far
           as
           the
           latter
           may
           stand
           with
           the
           former
           ,
           and
           not
           otherwise
        
         
           Wherefore
           I
           shall
           conclude
           with
           my
           humble
           desire
           that
           you
           would
           adhere
           to
           your
           former
           vote
           that
           is
           ,
           that
           the
           King
           be
           disposed
           of
           as
           both
           Houses
           of
           Parliament
           shall
           thinke
           fitting
           ;
           and
           that
           you
           enter
           into
           no
           Treaty
           either
           with
           the
           King
           or
           your
           brethren
           of
           Scotland
           ,
           least
           otherwise
           thereby
           you
           retard
           the
           going
           home
           of
           their
           Army
           out
           of
           England
           .
        
         
           FINIS
           .