1

that no other answer could be gotten, but that which he had now the second time offered to them in writing, they returned back and spake these words, viz. They receive this Paper, now offered by your majesty, with this humble protestation, That it is without their approbation or consent, as to the taking of it for an Answer; and that it shall be no en gagement to them, the commissioners, in any 'kind whatsoever."

After this the commons ordered the Thanks of their house to be given to the lords commissioners and to the commissioners for Scotland, as well as to those of their own body that attended the king with the Propositions. The earl of Pembroke made the same report to the lords.

The King's Answer to the Propositions.] Next follows the king's Answer to the Propositions, as put into writing by his majesty, and delivered to the commissioners:

happy peace which all good men desire and pray for; by settling of religion, the just privi leges of parliament, with the freedom and property of the subject. And his majesty assures them, that as he can never condescend unto what is absolutely destructive to that just pow er which, by the laws of God and the land, be is born unto; so he will chearfully grant and give his assent unto all such bills at the desire of his two houses, or reasonable demands for Scotland, which shall be really for the good and peace of his people, not having a regard to his own particular, much less of any body's else, in respect to the happiness of these king doms: wherefore his majesty conjures them, as Christians, as subjects, and as men who desire to leave a good name hebind them, that they will so receive and make use of this An swer, that all issues of blood may be stopped, and these unhappy distractions peaceably settled. At Newcastle the 1st of August, 1646." P. S. Upon assurance of a happy agreement, his majesty will immediately send for the Prince, his son, absolutely answering for his perfect obedience, to return to this kingdom."

This Answer, the Journal observes, was read by the reporter, but not admitted to be read by the clerk.

Remonstrance of the Scots Commissioners in Vindication of their Nation, and offering to withdraw their" Army.] The Speaker of the house of Lords presented a Letter which he had received from the Scots Commissioners, which was read, and a Paper inclosed therein; & tollows:

"C. R. The Propositions tendered to his majesty by the commissioners from the lords and commons assembled in the parliament of England at Westminster, and the commissioners of the parliament of Scotland, (to which the houses of parliament have taken twice so many months for deliberation as they have assigned days for his majesty's Answer) do import so great alterations in government, both in the church and kingdom, as it is very difficult to return a particular and positive Answer, before a full debate, wherein these Propositions and the necessary explanations, true sense and reasons thereof, be rightly weighed and understood; and that his majesty, upon a full view of "The same principles of brotherly affection, the whole Propositions, may know what is left, which did induce both kingdoms to a conjunc as well as what is taken away and changed: tion of their councils and forces in this cause, in all which his majesty finds, upon discourse move us at this time to apply ourselves to the with the said commissioners, that they are so most real and effectual ways which tend to a bound up from any capacity oither to give rea- speedy conclusion and amicable parting, and sons for the demands they bring, or to give ear to the preventing of misunderstandings between to such desires as his majesty is to propound, the kingdoms in any of these things, which, as it is impossible for him to give such a pre-peradventure, our common enemies look upon sent judgment of, and Answer to, these Propositions, whereby he can answer to God, that a safe and well-grounded Peace will ensue; which is evident to all the world can never be, unless the just power of the crown, as well as the freedom and property of the subject, with the just liberty and privileges of parliament, be likewise settled. To this end his majesty desires and proposeth to come to London, or any of his houses thereabouts, upon the public faith and security of the two houses of his parliament, and the Scots commissioners, that he shall be there with freedom, honour, and safe ty; where, by his personal presence, he may not only raise a mutual confidence betwixt him and his people, but also have those doubts cleared, and those difficulties explained unto him, which he now conceives to be destructive to his just regal power, if he should give a full consent to these Propositions as they now stand: as likewise that he might make known to them such is reasonable demands, as he is most assured will be very much conducible to that

with much joy, as occasions of differences; for this end we have not taken notice of the many base calumnies and execrable aspersions cast upon the kingdom of Scotland in printed pamphlets, and otherwise; expecting, from the justice and wisdom of the honourable houses, that they will of themselves take such course for the Vindication of our Nation and Army, as the estates of Scotland have shewed themselves ready to do for them in the like case. Upon the invitation of both houses, the king dom of Scotland did chearfully undertake, and hath faithfully managed, their assistance to this kingdom, in pursuance of the ends et pressed in the Covenant. And the forces of the common enemy being, by the blessing of God upon the joint endeavours of both king doms, now broken and subdued, a foundation being also laid and some good progress made in the reformation of religion, which we trust the honourable houses will, according to the Covenant, sincerely, really, and constantly prosecute until it be perfected; that we may

of

Ang. 14. This being reported to the commons, the foregoing Paper inclosed therein was read, and the opinion of the lords thereupon. Then an Ordinance for punishing the printers and contrivers of all scandalous pamphlets or papers against the kingdom of Scotland, or their army residing here, was read; and a. motion being made for a second reading thereof, it was carried in the affirmative by 130 voices against 102. Then it was resolved, without division, 1. "That the sum 100,000l. be forthwith provided for the Scots Army, and paid unto them, upon the marching of their armies and forces out of this kingdom. 2. That the members of this House that are of the committee of both kingdoms, or any four of them, do communicate this vote to the Scots commissioners, and receive their answer thereunto: and that they do acquaint them, That upon the adjusting of the Accounts of their Armies and Forces, whatsoever shall appear to be due to them shall be paid them, according to the treaty."

manifest, to the consciences of our brethren | between both houses on this subject, the earl and to all the world, how far it is, and ever of Pembroke acquainted the commons, "That was, from the thoughts or intentions of the he was commanded to give an account of the kingdom of Scotland to make use of their carriage of the Scots commissioners that did army in this kingdom to any other ends be- attend his majesty with the Propositions, and sides those expressed in the Covenant; and of the rest of the Scots lords, and of the whole how much they desire the preserving and per- nation there: that they did express much zeal, petuating of peace and amity between the and faithfulness, and affection, to the cause; kingdoms, and the easing of the burthens and very much love and respect to the commispressures of this nation; we do declare in their sioners; faith, honour, and honesty in all their name, That they are willing, forthwith, to sur- carriage; earnestness and freedom towards the render the garrisons possessed by them in this king; freeness and clearness towards our kingdom, which they did keep for no other commissioners, and would do nothing without end but the safety and security of their forces; them, and were never from them when their and, without delay, to recall their army, rea- presence could do them any service." sonable satisfaction being given for their pains, hazards, charges, and sufferings; whereof a competent proportion to be presently paid to the army before their disbanding, and security to be given for the remainder at such times hereafter as shall be mutually agreed on.-If any forces shall be kept on foot in either kingdom, we desire that they may be put under the command of such persons as are known to be zealous for reformation and uniformity in religion, and most tender of the peace of the kingdoms, and against whom neither of the kingdoms may have any just cause of jealousy. And whereas the kingdom of Scotland hath been invaded, and is still infested by forces from Ireland, it is expected that the honourable houses, according to the Large Treaty, will give such assistance and supply to the kingdom of Scotland, as may speedily reduce those rebels to obedience. And, to the end there may in all things be a good understanding between the kingdoms, we further propose, That whereas Propositions for a safe and wellgrounded Peace have been lately sent to the But the Scots demand 500,000!.] Aug. 18. king in the name of both kingdoms; and, for The commons authorized such of their members obtaining his majesty's consent thereunto, the as were of the committee of both kingdoms, utinost endeavours of the kingdom of Scotland to confer with the Scots Commissioners, and to have not been wanting, as may appear by the know, what sum would satisfy them for all many addresses, petitions, and solicitations to demands from the kingdom of England, exthat end from the army, the lords of his ma-pressed in the before-mentioned Paper; what jesty's privy council, the committee of estates, and the general assembly of the church; the success whereof hath not answered our wishes and hopes, his majesty, to our unspeakable grief, not yet having agreed to the Propositions; we desire that the honourable houses may be pleased to take such course as, by joint advice of both kingdoms engaged in the same cause, labouring under the same dangers, and aiming at the same ends, we may consult and resolve what is next to be done for the peace and safety of these kingdoms, both in relation to his majesty, and each kingdom to the other; being confident that the result of our joint consultations will be such as shall provide for the present and future security of the king doms, and strengthen their union between themselves. By Command of the Commissioners for the Parliament of Scotland. John Chiesley."

£.100,000 voted to the Scots Army, on Acequnt.] Aug. 19. A conference being held

sum they expected to be paid, in present, before their disbanding, and what for the future, and at what times. And the next day Mr. Crew reported, by the word of mouth, That, in discourse, the Scots Commissioners said, "That they expected 600,000l. of which 300,000l. to be paid presently, and the remaining 300,000l. at such time as shall be agreed upon; but that considering the necessities of this kingdom, and the state of Ireland, they are content to take 200,000/ presently, and 300,000l. within a year."

The Pensions formerly allowed to Members, discontinued.] Aug 20. The commons resolved, That the several Allowances of 47. per week, granted to their own members, and all Pensions appointed to those of either house, be from henceforth discharged."-But to return to the affair of the Scots Army.

This Vote is thus commented upon by a Journalist of the times: "These Pensions were

L.100,000 more voted for the Scots Army.] Aug. 21. The commons, having taken Mr. Crew's Report, before-mentioned, into consideration, resolved, 1. "That 200,0001. be provided for the Scots Army; whereof the first 100,000l. to be paid unto them, upon the marching of their Armies and Forces out of this kingdom, at such time and place as hereafter shall be expressed. 2. That the time shall be the 18th of Sept. next. 3. That it be referred to such members as are of the committee of both kingdoms, to confer with the commissioners of Scotland concerning the place for the payment of the first 100,000l. 4. That the second 100,000/. shall be paid at two equal payments; the first 50,000l. at the end of 3 months, and the second 50,000l. at the end of 9 months; both accounting from the 18th Sept. next." And the committee of the North, with the committee for the Army, were ordered to prepare a general Estimate of the Accounts of the Scots Army; to consider of the Estimate sent in by the Scots commissioners; and what shall be thought fit to be brought in, by way of Estimate, to balance that, or defalk from it, or surcharge upon it.

A third Sum of 100,000l. voted for the Scots Army.] Aug. 27. Mr. Stockdale reported a General Estimate of the Accounts of the Scots Army since their coming into England, as sent in by their commissioners; and another Estimate thereof, as stated by a committee of the house of commons, with several Objections to that delivered in by the Scots. After reading the Estimates, both English and Scots, and the Objections to the latter, the question was proposed, That such members as are of the committee of both kingdoms shall have power to offer unto the commissioners of Scotland, 100,000l. more than the 200,000!. already voted; to be paid unto them at the end of 12 mouths, to be accounted from the end of the 9 months whereon the last 50,000!, part of the said 200,000l. is ordered to be paid; and for a discharge of all demands from this kingdom, expressed in their Paper of the 18th of August, if they shall be content therewith; or, other

wise, to offer them to come to an account upon the first 200,000. But, a motion being made for granting 200,000l. additional instead of one, this passed in the negative, by a majority of 108 against 101; and the proposal for only 100,000l. more was agreed to. Then this Vote was ordered to be communicated to the Scots Commissioners, and their Answer demanded.

A fourth Sum of 100,000l. voted for the Scots Army.] Sept. 1. The Scots commissioners having presented their Answer to the English Estimate and Exceptions, as also to the com mons offer of 300,000l. and the same being twice read, a motion was made for taking it iuto present consideration, which was agreed to by a majority of 139 against 106: and then the question which had been rejected a few days before, for adding a fourth 100,000), was carried by 140, against 101; but the commons resolved to adhere to their former Votes, as to the time and manner of the payment of the 300,000l. already voted; and that the time for the payment of this last 100,000%. now voted, should be at the end of 12 months, to be accounted from the time assigned for the payment of the last 100,000l. of the 300,000! formerly voted. And this resolution, as the former had been, was ordered to be com municated to the Scots Commissioners, and their immediate Answer required; which be ing the next day reported by sir Henry Vane, junior, the commons again resolved to adhere to their former votes, as to the time and manner of the payment of the 400,000 to the kingdom of Scotland; that such members of their house as were of the com mittee of both kingdoms, or any four of them, do, that afternoon, communicate the said resolution to the Scots commissioners, and offer to them reasons why the house doth adhere to their former votes; to confer with them about the place for receiving of their money; and to declare unto them, that it is expected that, upon the payment of the first 100,000l. as aforesaid, their armies and forces do march out of this kingdom. But, on the 4th of this mouth, the Scots commissioners, not satisfied allowed to many members whose lands were with these Resolutions, presented three Papers wholly sequestered by the king, and some to the house of lords, offering reasons for the others; but the king's forces being, by God's present payment of 200,000l. The lords order mercy, now broken, and the kingdom under ed the said Papers to be communicated to the the command of the parliament, the house commons; and the next day, the same being read voted, That they should be taken off; that there, a motion was made for adhering to their allowance being intended but for the supply former votes, as to the time and manner of the of their necessity, while they were deprived of payment of the 400,000l. to the kingdom of their own estates., Such is the care of that Scotland; but it passed in the negative, by 112 house, as clearly appeareth, to ease the king- against 102. Immediately after which a com dom of payments, and to ratify the debts due mittee was appointed to go to, and to have to those that want: let the people express power to treat with, the lord mayor, aldermen, their true thankfulness by their loving submis- and common council of the city of London, or sion and obedience to their orders and com- any other persons, for borrrowing 200,000), as mands, for it is not the least evil to the king-soon as might be, for the service of the state; dom's prejudice, that men murmur against and are jealous of their preservers, which is the work and design of the enemy to foment." The Dove, No. 148, p. 12.

to consider of all ways and means for raising of the said sum, and to offer securities for the same.-It was also ordered, that such members as are of the committee of both kingdoms, de

confer with the Scots commissioners, and re-mittee shall be appointed to join with a proceive satisfaction from them concerning the portionable number of the house of commons, delivery up of the Garrisons, and the marching to consult and debate with the commissioners of their Armies and forces out of this king- of Scotland, concerning such things that may dom; and to desire them, if they want any settle the peace, prosperity, and brotherly powers, that they would speedily procure the amity of the two kingdoms of England and se from the kingdom of Scotland; to the Scotland." But, on a second motion, "That er the delivery up of the garrisons, and the these words, in relation to the king,' should marching away of their armies and forces, may be added," it was put to the question, and le ascertained between the two kingdons; carried in the affirmative. Then the whole and likewise to declare, whether they have in- Vote, with this addition, being read, it also structions to make any other demands, before passed in the same manner. the marching away of their forces; and, if they Ive, what those other demands are.

soever he shall happen to abide. Suppose a king of Scotland should be in Spain, will they say they have as great an interest to dispose of his person there as in Scotland? I think they will not say so; and yet they did affirm last day at the conference, That they had as good right to dispose of his person at Westminster, as they had at Edinburgh: but, under their favour, England is as distinct a kingdom from Scotland as Spain: it is as distinct in laws, distinct in privileges, distinct in interest; iti neither subordinate to, nor dependant on, Scotland; and they can no more dispose of a king of Scotland's person, he being in England, than if he were in Spain.-I shall take this as granted for good law, That let the person of any nation under the sun, which is in amity with England, happen to come into Englaud, that person is forthwith a subject of England; for he, being protected by the laws of England, becomes thereby subject to those laws; it be ing most certain that Protectio trahit subjec tionem, et subjectio protectioncm;' they be ing 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 be said to be protected that is not withal thereby sabe jected: and since, without such protection, every man may kill him and destroy him, i seems to stand with no proportion of justice, that a man should be protected in life, limb, or estate by any law, that will not subject himself to that law. It caunot be denied but that there is a twofold subjection, legal and local; the legal subjection is due from a subject to his natural prince; the local from any foreigner to that prince or state where his person doth reside. And this, though it be only pro tem pore, 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 kingdom; but such subject of his is to be disposed of by the sole authority of that SEpreme power where he makes his residence: and since the question is only 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 do affirin, That if a king of Scotland should bare come into England before the union of both these kingdoms, he had been instantly a subject of England, and his person to be disposed of by the sole authority of the laws of England; for either we must take him as a king or a sub

disposed of by the joint consent of both nations, give me leave to remember you that, in the mean 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 kingdom of Scotland hath an interest in their king, there they may dispose of him: but the kingdom of Scotland hath an interest in their king, he being in England; therefore in England they may dispose of him.-Sir, this may seem at the first to some to be a fair and specious argument; but, let it be well considered, it will prove erroneous 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 clearing whereof, I pray, Sir, remember that this word King is of a various signification; sometimes it is taken in abstracto, that is, for the royal 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, we shall acknowledge that the king of Scotland, being taken in abstracto, we have nothing to do with him at all; he is solely and totally theirs. God forbid that a king of Scotland, going out of his kingdom, should either make Scotland cease to be a kingdom, or give any participation of interest to that country where he doth reside: let his person reside in the furthest parts of the earth, yet the royal office and capacity of the king resideth still in Scotland: they have his sword to do justice by; they have his sceptre to shew mercy by; they have his seal to confirm what they please by; and they have his laws to govern by: aud in this sense it is only meant that the king is never under years, never dies, cannot be deceived, can neither do wrong or take wrong of any body; and, in this sense, we fight for king and parliament, though the person of the king be in opposition to both; and in this sense the returns and tests of the king's writs are, ‘coram me-ipso apud Westmonasterium,' and teste me-ipso apud Westmonasterium,' let the person of the king at the same time be in France, or the remotest country in 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 kingdom of Scotland hath an interest in their king, heject, since betwixt them two there is no medium being in England,' this must needs be meant of a king in concreto; that is, only of the person of their king, and not of his royal capacity. And in this sense we must deny that they have any thing at all to do with him; for though the royal office of the king of Scotland is solely to be disposed of by the state of Scotland, yet it is not so with his person; for persona sequitur locum; and his person must be disposed of by the supreme power of that country where

as a king we cannot take him, unless we should commit treason against our natural prince, and subject ourselves to any but him; it being most certain 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 to his own wife, so no man can be said to be a king but to his own subjects; and therefore we cannot admit of any regality in the person of a king of Seat