309.
*** Rush.

vol.vii.p.

319.
What the parliament was most intent upon, was not their treaty with the king, to whom they paid little regard, but that with the Scots.

Two important points remained to be settled with that nation: their delivery of the king, and the estimation of their arrears.
The Scots might pretend, that, as Charles was king of Scotland as well as of England, they were entitled to an equal vote in the disposal of his person; and that, in such a case, where the titles are equal, and the subject indivisible, the preference was due to the present possessor.

The English maintained, that the king, being in England, was comprehended within the jurisdiction of that kingdom, and could not be disposed of by any foreign nation: a delicate question this, and what surely could not be decided by precedent; since such a situation is not any where to be found in history.[*] * Rush, vol.vii.p.