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<DATE>2009-08-04</DATE>
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<NAME>Zev Berger</NAME>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P><HI>Anglia Liberata,</HI> OR, THE RIGHTS Of the People of <HI>ENGLAND,</HI> MAINTAINED AGAINST the Pretences of the SCOTISH King, As they are &s;et forth in an ANSWER TO THE <HI>LORDS AMBASSADORS PROPOSITIONS</HI> of ENGLAND. Which ANSVVER was delivered into the <HI>Great A&s;&s;embly</HI> of the <HI>&V;nited Provinces</HI> at the <HI>Hague,</HI> by one MAC-DONNEL, who entitles him&s;elf <HI>Re&s;ident for his Maje&s;ty,</HI> &amp;c. <HI>June</HI> 28/18 1651: And is here publi&s;hed according to the <HI>Dutch</HI> Copy. <HI>WHERETO IS ADDED</HI> A TRANSLATION OF CERTAIN <HI>Animadver&s;ions</HI> upon the <HI>An&s;wer</HI> of <HI>Mac-Donnel.</HI></P>
<P>Written by an ingenious <HI>Dutch-man. AS ALSO</HI> AN ADDITIONAL REPLY To all the pretended Arguments, In&s;inuations and Slanders, &s;et forth in the &s;aid <HI>SCOTISH ANSWER Written a while &s;ince by a</HI> private Pen, <HI>and now pre&s;ented to the</HI> PUBLICK.</P>
<P><HI>London,</HI> Printed by <HI>T. Newcomb</HI> for <HI>Richard Lowns,</HI> at the White <HI>Lion</HI> in <HI>Pauls</HI> Church-yard near the We&s;t end, 1651.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<PB REF="2">
<HEAD>The Publi&s;her to the READER.</HEAD>
<P>_THou ha&s;t here <HI>fir&s;t,</HI> the <HI>An&s;wer</HI> of <HI>Mac-Donnel</HI> (whom in the <HI>Dutch</HI> they call <HI>Mac-Dowel</HI>) to the <HI>Propo&s;itions</HI> of our <HI>Engli&s;h Amba&s;&s;adors,</HI> as it was delivered by him, in the <HI>Great A&s;&s;embly</HI> of the <HI>United Provinces;</HI> which having been publi&s;hed beyond Sea in <HI>Dutch,</HI> and tran&s;lated &s;ince into an <HI>Engli&s;h</HI> Print, is here pre&s;ented to a more publick view, with a few Correctives added thereunto to prevent the poi&s;on. And therefore in the <HI>&s;econd place,</HI> thou ha&s;t al&s;o a Tran&s;cript of certain <HI>ANI|MADVERSIONS</HI> upon <HI>Mac-Donnel's An&s;wer,</HI> written by an hone&s;t <HI>Dutchman</HI> in his own Language, and now tran&s;lated into <HI>Engli&s;h.</HI></P>
<P>Tho&s;e <HI>ANIMADVERSIONS</HI> are indeed very pithy, per|tinent, and ingenious; but becau&s;e they are only the <HI>Hints</HI> of Things, and not <HI>Di&s;cour&s;es</HI> &s;o drawn at full, as to convince &s;uch as are not ea&s;ily per&s;waded of the Truth of matters in Controver&s;ie; therefore it was thought fit in the <HI>third place,</HI> to bring up the Rear with an <HI>Additional Reply;</HI> partly to di&s;|cu&s;&s;e the main points more fully; and partly, to touch upon ma|ny other particulars of <HI>Mac-Donnels An&s;wer,</HI> wholly neglect|ed by the Dutch <HI>Animadvertor.</HI></P>
<P>The truth is, the&s;e Papers have lain by for &s;ome time, by rea&s;on of the late di&s;turbances, they having been all ready prepared for the <HI>Pre&s;s</HI> before, except the latter part of the fourth Chapter of the <HI>Additional Reply,</HI> which was lickt up, upon the clo&s;e of this la&s;t grand determination of Affairs at <HI>Worce&s;ter.</HI> Perhaps, &s;ome expre&s;&s;ions therein touching the <HI>Power of the Sword,</HI> at the fir&s;t &s;ight, may not plea&s;e all; but that all may be plea&s;ed, let them know, the <HI>Rights of the peo|ple</HI> are no way wronged, as long as the <HI>Sword</HI> is a&s;&s;erted, and acknowledged to be in the hands of the Parliament; who by the <HI>Law of the Sword</HI> have &s;o nobly over-turned the <HI>Law of the Prerogative,</HI> and recovered the good old Laws, Liberties, and Priviledges of the people. And whereas it is here inde|voured
<PB REF="3">to prove our <HI>Engli&s;h Relation</HI> to the <HI>old Treaties</HI> made withour Neighbours of <HI>Holland;</HI> know the intent is not in a|ny wi&s;e to court that Nation to maintain Amity, but onely to refell the futility of tho&s;e Arguments of the <HI>Royal Party,</HI> who pretend to prove, that by vertue of tho&s;e <HI>Treaties,</HI> the <HI>Dutch</HI> are tied &s;till to the <HI>late Kings Family,</HI> as if they &s;tood radicated in full force, in the per&s;on of the pre&s;ent <HI>young Pre|tender.</HI></P>
<P>If there be any fault then in the <HI>Author</HI> of the <HI>Additionall Reply,</HI> it is only his pre&s;umption, that a <HI>private Pen</HI> &s;hould meddle with matters of a publick Import: But the hene&s;t <HI>Dutch</HI> man having &s;hewn him the way, he could not chu&s;e but follow him, and lay hold upon this opportunity, throughly to canva&s;&s;e the princpall Points, Parts, and Pretences, that pa&s;s up and down by Tradition, to &s;upport the cau&s;e and intere&s;t of the <HI>Common Enemy.</HI></P>
<P>Perhaps they may at pre&s;ent &s;eem as dead to &s;ome, having been Thunder &s;trook by the late fatall blow at <HI>Worce&s;ter,</HI> and therefore this Piece by way of <HI>Reply,</HI> may be &s;uppo|&s;ed now al&s;o to be of the le&s;s u&s;e and con&s;ideration. But let &s;uch con&s;ider, that though the <HI>Cau&s;e,</HI> and many of its <HI>grand Abettors</HI> be laid flat, yet as long as &s;o many <HI>Pretenders</HI> of the <HI>Family</HI> are in being, they will be always upon every opportu|nity, reviving and &s;etting on foot the &s;ame pretences; &s;o that if we &s;ubdue the&s;e by <HI>Rea&s;on,</HI> as well as their Per&s;ons and Parti&s;ans by <HI>Force,</HI> they will be the le&s;s able to drive on fu|ture de&s;igns, and draw Parties, either here or abroad, to the di&s;quiet of <HI>England.</HI></P>
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<DIV1 TYPE="title page">
<PB REF="4">
<P>AN ANSWER TO THE PROPOSITIONS MADE BY THE <HI>ENGLISH AMBASSADORS (as they &s;tile them&s;elves) the</HI> 30/20 <HI>of March,</HI> In the great A&s;&s;embly of the High and Mighty Lords, the States Generall of the United Provinces.</P>
<P>AS ALSO, To their <HI>Memorials</HI> of the 27/17 of <HI>April,</HI> and 20/10 of May 1651. re&s;pectively.</P>
<P>And likewi&s;e, To the 36. Articles of the de&s;ired Treaty.</P>
<P>As it was delivered by the Honorable Sir <HI>William Macdowel</HI> Knight, Re&s;ident for his Maje&s;ty of Great Britain, after his return to <HI>Holland,</HI> in the &s;aid <HI>Great A&s;&s;embly, June</HI> 28/18 1651.</P>
<Q><BIBL><HI>Prov. 24. ver&s;e 21, 22.</HI></BIBL>
<P>My Sonne, feare thou the Lord and the King, and meddle not with them that are given to change.</P>
<P>For their calamity &s;hall ri&s;e &s;uddenly, and who knoweth the ruine of them?</P></Q>
<P><HI>HAGH,</HI> Printed by <HI>Samuel Brown,</HI> Engli&s;h Book-&s;eller, 1651.</P>
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<PB N="2" REF="5">
<HEAD>AN ANSWER TO the Propo&s;itions.</HEAD>
<P>THe &s;aid pretended <HI>Emba&s;&s;adors</HI> have offered, and with|all required a &s;trict <HI>Confederacy</HI> &amp; <HI>Holy League</HI> (as they term it) betwixt the <HI>Commonwealth</HI> of <HI>England,</HI> and the <HI>&V;|nited Provinces,</HI> alledging to that end,
<LIST>
<ITEM>I. The ancient and &s;ucce&s;&s;ive Contracts, and mutuall Friend&s;hip betwixt both.</ITEM>
<ITEM>II. The advancement of Trade and Traf|fique.</ITEM>
<ITEM>III. A Conformity in the Reformation of Religion.</ITEM>
<ITEM>IV. The like Succe&s;&s;e and Ble&s;&s;ings upon both.</ITEM>
<ITEM>V. An an&s;werable change in the conditi|on of both States; as likewi&s;e, in the re&s;tored Liberty of the People. <HI>Hinc inde.</HI></ITEM>
</LIST></P>
<P>Which &s;pecious motives, and inducements, viewed aright, and laid in a ju&s;t ballance, will appeare (by their favours) to have no warrantable ground: For the clearing of which, the <HI>High</HI> and <HI>Mighty States</HI> are de&s;ired to look back, and con|&s;ider:</P>
<P N="1">I: That formerly, all <HI>Contracts,</HI> have been made, betwixt the &s;ucce&s;&s;ive <HI>Kings</HI> of <HI>England,</HI> their lawfull <HI>Heires,</HI> and the
<PB N="3" REF="5"><HI>High</HI> and <HI>Mighty State Generall,</HI> and not with <HI>England,</HI> as is alledged: Not to look further back, the <HI>Soveraignty</HI> of the&s;e Countries was offered to <HI>Queen Elizabeth,</HI> of happy memo|ry, in the year 1585, which &s;he in wi&s;dome thought fit to de|cline; but, withall, a&s;&s;i&s;ted the <HI>States,</HI> with 5000. Foot, and 1000 Hor&s;e, as likewi&s;e advanced to their <HI>Lord&s;hips</HI> before the yeare 1596 in the &s;pace of eleven years, <HI>eleven hundred thou|&s;and pounds Sterling,</HI> according to the calculation of her <HI>Maje&s;ties</HI> Councellors, and high Trea&s;urer for the time.</P>
<P>Her Royall Succe&s;&s;ors, <HI>James</HI> and <HI>Charles,</HI> of Immortall memory, in the years 1608, 1614, 1635, re&s;pectively, have not onely a&s;&s;i&s;ted the&s;e <HI>States</HI> in their great &s;traits, in a very con&s;iderable way, but al&s;o engaged with their <HI>Lord&s;hips, of|fen&s;iv&egrave;</HI> and <HI>defen&s;iv&egrave;,</HI> and that without the lea&s;t communica|tion had with the people of <HI>England</HI> concerning it. And, if a ratification of &s;uch an alliance, &s;hould be concluded with a fa|ctious Commonalty here, and that they might at plea&s;ure di|&s;turb the Republick, and turn matters up&s;ide down, what an <HI>Anarchy</HI> and wofull confu&s;ion would en&s;ue, as now alas, we &s;ee too plainly followes in <HI>England?</HI> Truly, if that people had been &s;o inclined, and governed, as they now are, (by tho&s;e who <HI>Regni cau&s;a</HI> have violated the rights; and to make pur|cha&s;e of the <HI>Lords Vineyards,</HI> have <HI>murthered him,</HI> and oppo&s;e with their utmo&s;t power and malice, the enthronement of his <HI>lawfull Heire</HI> their undoubted <HI>Soveraigne</HI>) the <HI>Low Coun|tries</HI> &s;hould not have obtained &s;uch reall friend&s;hip and ad|vantage from them.</P>
<P>Be&s;ides that, the now <HI>prevailing Party</HI> is not the hundreth part of the people in <HI>England,</HI> in compari&s;on of tho&s;e, both of the <HI>Clergie, Nobility, Gentry,</HI> and <HI>Commons,</HI> who cordially adhere to the <HI>Kings</HI> ju&s;t intere&s;t, and pa&s;&s;ionatly groan to be delivered from the continued oppre&s;&s;ions of tho&s;e cruell Taskma&s;ters, who&s;e little finger lies heavier upon them, then all their Kings whole loins:</P>
<P>And an eminent Member of the late Hou&s;e of Commons, (formerly a &s;ufferer) in his <HI>Memento</HI> affirms, that there is in the three Kingdomes, ten thou&s;and to one, who firmly and affectionatly cleave to his <HI>Maje&s;ty.</HI></P>
<PB N="4" REF="6">
<P>In Kingdomes and Republicks (as <HI>Polititians</HI> &s;peak) it is the very &s;ame people now, as tho&s;e that lived an hundred years agoe; as likewi&s;e that it is the &s;ame &s;hip, although all the planks be renewed; but if the Keel be de&s;troyed, and the form of <HI>Government</HI> and <HI>Fundamentall Lawes</HI> be utterly a|boli&s;hed, <HI>non idem populus, nec eadem navis,</HI> it is not the &s;ame people, nor the &s;ame &s;hip.</P>
<P>Moreover, by all proofs it is &s;ufficiently known, that the <HI>Predece&s;&s;ors</HI> of the now prevailing Party in <HI>England,</HI> were then &s;o mean and incon&s;iderable among the people, that they were thought utterly uncapable of having the lea&s;t hand in the former favours &s;hewn to the&s;e <HI>States.</HI></P>
<P N="2">II. <HI>Trade</HI> and <HI>Traffique</HI> (which they call (the Com|mon intere&s;t of a State) are <HI>Juris Gentium,</HI> common to all Nations; con&s;equently, not to be carried on by <HI>Monopolies,</HI> and dammage of a third party e&s;pecially the elde&s;t, and &s;ome|time the mo&s;t con&s;iderable allye of this <HI>E&s;tate. Amicitias</HI> (faith <HI>Polybius) it a in&s;titui par e&s;t, ne qua vetu&s;tior amicitia, &amp; &s;ocietas violetur.</HI></P>
<P>It is remarked by mo&s;t of the Authors of the <HI>Netherlands Hi&s;tory,</HI> that their <HI>Lord&s;hips Predece&s;&s;ors</HI> upon a time, being more moved by the <HI>Impo&s;itions</HI> of the Duke of <HI>Alva,</HI> of the 10. and 100. penny <HI>re&s;pectiv&egrave;,</HI> then for the violence offered to Religion, (and therefore compared to the <HI>Garga&s;ens,</HI> who proferred their &s;wine before their Saviour) were the more &s;everely puni&s;hed by God.</P>
<P>And &s;hall the <HI>High</HI> and <HI>Mighty States</HI> now hazard their religious and high e&s;teem in the &s;avour of tho&s;e, who in re|gard of Commerce, inlarging of their limits and u&s;urped power, are big with &s;uch mon&s;trous my&s;teries: and of whom it was &s;aid long before their troubles.</P>
<P><HI>Gens tacit is praegnaus arcanis ardua tentans.</HI></P>
<P>Who derive their power and authority meerly from them|&s;elves, as formerly hath been &s;aid, in the dominion of the <HI>Chaldeans</HI> over the <HI>Iewes,</HI> and of <HI>Cinna</HI> and <HI>Carbo</HI> among&s;t the <HI>Romans,</HI> who in the time of <HI>Sylla</HI> made them&s;elves Con|&s;uls without any Court election; <HI>Violenta imperia</HI> (&s;aith one
<PB N="5" REF="6">to <HI>Cae&s;ar) &s;unt magis acerba quam diuturna.</HI> The rather be|cau&s;e no Nation under the Sun is &s;o &s;ubject to a change as <HI>England,</HI> even while they lived under their lawfull <HI>Sove|raignes.</HI> The Earle of <HI>Warwick</HI> (called the Titular <HI>King</HI>) in eleven days, <HI>Edward</HI> the fourth in <HI>twenty, Henry</HI> the &s;eventh in <HI>one day,</HI> (as a <HI>Cae&s;ar veni, vidi, vici</HI>) brought the <HI>Engli&s;h</HI> &s;ucce&s;&s;ively to their obedience.</P>
<P><HI>Commerce</HI> and <HI>Traffique</HI> are plau&s;ible pretences, but often accompanied with great jealou&s;ies, e&s;pecially betwixt neigh|bouring Republiques; the which like Twins &s;trugling for the <HI>primogeniture,</HI> are in a continuall emulation for profit and preheminence. And therefore compared to an <HI>Alluvie,</HI> where the increa&s;e of one is the decrea&s;e of the other. In&s;omuch, that grave and judicious <HI>State&s;men</HI> have judged it would he more &s;afe, and profitable to the&s;e States, that <HI>England</HI> continued a <HI>Monarchy,</HI> then to be tumbled into a <HI>Common-wealth,</HI> con|firmed by a Progno&s;tication of a per&s;on of credit with them, living at <HI>London,</HI> given out the 16 of <HI>October</HI> la&s;t, alledging and applying with much confidence, again&s;t the <HI>&V;nited Pro|vinces, Ierem.</HI> 51. <HI>ver&s;.</HI> 13.</P>
<P N="3">III. Concerning the pretended conformity in Religion in the third place, which, under the ble&s;&s;ed and glorious Go|vernment of Kings, as a <HI>Palladium</HI> and <HI>Lamp,</HI> did out-&s;hine all other Nations, is alas, now become a <HI>Pandora,</HI> out of which, <HI>tanquam ex equo Trojano,</HI> do i&s;&s;ue &s;o many mon&s;trous Sects, Here&s;ies and Bla&s;phemies, and is con&s;equently &s;o defor|med, (as being utterly de&s;titute of <HI>Di&s;cipline,</HI> and differing in mo&s;t points of <HI>Doctrine</HI>) that it is nothing like the <HI>Religion</HI> here profe&s;&s;ed, nor indeed Religion it &s;elf.</P>
<P>A good <HI>Religion,</HI> as an upright and lively faith, i&s;&s;ues forth into good <HI>Works;</HI> in&s;omuch that in the <HI>Primitive</HI> Church, the Chri&s;tians were di&s;cerned from the Infidels onely by their <HI>holy life,</HI> according to the proverb, <HI>Chri&s;tiani non &s;unt Ca&s;&s;ia|ni;</HI> but alas, how many not onely <HI>Ca&s;&s;ii,</HI> but al&s;o <HI>Albii,</HI> and <HI>Nigri,</HI> are now adayes to be &s;een, witne&s;&s;e, be&s;ides the Trea|ties intituled; <HI>Defen&s;io pro Carolo Rege, Vindiciae pro capite Regis Angliae, Elenchus motuum,</HI> Ma&s;ter. <HI>Prinns Me|mento, Theatrum Tragicum, Vox Veritatis,</HI> and others,
<PB N="6" REF="7">two Declarations al&s;o of the 18. of <HI>Ianuary,</HI> 1648. (long be|fore that lamentable <HI>Cata&s;trophe</HI>) by divers Preachers and learned Divines, in and about <HI>London,</HI> &s;ub&s;cribed by 126 of them, mourning over, and complaining of <HI>horrible</HI> and <HI>&s;can|dalous</HI> abu&s;es; as in the <HI>Church,</HI> &s;o in the <HI>Civill,</HI> or rather <HI>Military</HI> Government, and &s;trongly refuting their flattering of them&s;elves in their continued &s;ucce&s;&s;e, which may next be con&s;idered of.</P>
<P N="4">IV. For as <HI>Solomon</HI> &s;aith, <HI>That there be ju&s;t men, to whom it happeneth, &s;ometime, according to the work of the wicked: So again, there be wicked men, to whom it happeneth according the work of the righteous.</HI></P>
<P>Succe&s;&s;es often are a puni&s;hment, as &s;ometimes given for a ble&s;&s;ing, where onely tho&s;e are to be valued, who&s;e princi|pall aim appeares to be, the true advancement of Gods revea|led will in his word; which, as it &s;trictly commandeth obedi|ence to <HI>Kings,</HI> and tho&s;e in authority under them, &s;o it doth &s;everely puni&s;h &s;edition and rebellion again&s;t them, not &s;pa|ring the cur&s;e of condemnation to tho&s;e, who comply with, and adhere unto them. Neither hath the great <HI>Turk</HI> come far &s;hort of (that undoubted ble&s;&s;ing) <HI>good &s;ucce&s;&s;e,</HI> the now prevailing party ju&s;tifie their cau&s;e, and mea&s;ure its righte|ou&s;ne&s;&s;e by, though they may &s;eem to di&s;avow him.</P>
<P>Finally, the re&s;emblance made from the manner of the re|covered liberty of both <HI>States</HI> (to u&s;e the expre&s;&s;ion of a great per&s;onage) is not more different then <HI>Mike</HI> and <HI>Ink,</HI> both in regard of the ancient condition of the people on both &s;ides, and the way of attaining to it.</P>
<P>The <HI>Law Countrey men,</HI> (e&s;pecially the <HI>Batavi</HI>) have been reputed by all ancient Writers, for a free people, neither &s;ub|ject to the <HI>Romans,</HI> (whom they did acknowledge onely <HI>Ci|villi,</HI> as <HI>Tacitus</HI> &s;aith) nor to any <HI>Directors, Counts</HI> and <HI>Go|vernors,</HI> which were con&s;tituted by them&s;elves.</P>
<P>The <HI>Engli&s;h</HI> have more then a thou&s;and years been gover|ned by <HI>Kings,</HI> all &s;prung from the &s;ame Royal Stock, to whom they have &s;ucce&s;&s;ively &s;worn <HI>Obedience</HI> and <HI>Loyalty.</HI></P>
<P>The King of <HI>Spain,</HI> after a war of almo&s;t eighty years, hath in two &s;olemne Treaties (the one before the twelve yeares
<PB N="7" REF="7">Truce, and the other in the late concluded peace) acknow|ledged the <HI>&V;nited Provinces</HI> to be a <HI>Free State,</HI> and that <HI>privative.</HI> Whereupon his Catholique Maje&s;ty for him|&s;elfe and his Succe&s;&s;ors, hath di&s;claimed all <HI>Pretences</HI> of <HI>Sove|raignty</HI> here.</P>
<P>Whereas <HI>Charls</HI> the fir&s;t, that ble&s;&s;ed Martyr (who&s;e inno|cent blood (like that of <HI>Abels,</HI> cries loud to the highe&s;t Heaven for vengeance again&s;t tho&s;e who now &s;it upon his Throne) not onely <HI>was,</HI> but <HI>was ever</HI> by them acknowledged for their lawfull Soveraigne, in&s;tead of di&s;claiming his Royal|ty over them, (as mu&s;t be if the re&s;emblance &s;tand compleat) was both deve&s;ted of his power, deprived of his life, and his Princely Succe&s;&s;or (&s;o far as in them lieth) kept back and di&s;enabled from the exerci&s;e of his undeniable power over them, whereof let them find an ab&s;olute parallell from the <HI>Creation</HI> untill now.</P>
<P>In I&s;rael King <HI>Ahab</HI> did tyrannize, and (as a man &s;old unto &s;in) above others provoked Gods wrath again&s;t him. In <HI>Rome</HI> there was <HI>Nero,</HI> more like a Mon&s;ter then a Man. Among&s;t the Chri&s;tans, <HI>Christiernus</HI> in <HI>Denmark, Wencelaus</HI> in <HI>Bo|hemia,</HI> (who was likewi&s;e Emperour) behaved them&s;elves &s;o wickedly, that it was &s;aid of them, that they had ea&s;t off hu|mane nature; Not much unlike to them was <HI>Richard</HI> the third, called the Tyrant of <HI>England,</HI> yet none of all the&s;e was ever condemned to die by the &s;entence of their &s;ubjects: In|&s;omuch that it is ob&s;erved, that the I&s;raelites after they had de&s;erted their King <HI>Rehoboam</HI> (although an oppre&s;&s;or) never enjoyed a happy hour, but were infe&s;ted with continual wars, both civil and forraign, til at la&s;t they were utterly de&s;troyed, and carried captives into <HI>Babylon.</HI></P>
<P>Of <HI>Nero</HI> it was &s;aid, <HI>primum damnati Principis exemplum,</HI> I adde <HI>po&s;tremum, non mactati tamen,</HI> as in this ca&s;e. The <HI>Confederate Provinces</HI> were fir&s;t forced in their Religion, their per&s;ons and goods &s;eized, and 100000. of them killed; The prevailing party in <HI>England,</HI> (after tho&s;e in&s;olent and high affronts done to his Maje&s;ty, ere his con&s;trained removal from his Court at <HI>White-hall,</HI>) took up <HI>Arms,</HI> gave out <HI>Com|mi&s;&s;ions, levied men,</HI> according to his Maje&s;ties la&s;t true and
<PB N="8" REF="8">undeniable words) and &s;eized upon the <HI>Regalia,</HI> before He once put him&s;elfe into a po&s;ture of defence.</P>
<P>In the <HI>Low Countries</HI> their liberty was <HI>More Majorum,</HI> fully re&s;tored to them without prejudice to any man.</P>
<P>In <HI>England Religion</HI> and <HI>Liberty</HI> are &s;hamefully trampled under foot, and the Hou&s;e of Commons &s;o di&s;membred, and its priviledges violated, that the eighth part of ten, were be|yond all parallel ca&s;t out, as the <HI>Declaration</HI> and <HI>Protestation</HI> of the &s;ecluded members, <HI>Feb.</HI> 13. 1648. doth te&s;tifie.</P>
<P>The proceedings of the <HI>High</HI> and <HI>Mighty States,</HI> are ap|proved and ju&s;tified by all the World; on the contrary, tho&s;e of the <HI>Engli&s;h</HI> condemned and abhorred, and by them&s;elves confe&s;&s;ed as irregular and unwarranntable; a mo&s;t pregnant proof and <HI>probatio probata,</HI> of their wrong, as is contained in the &s;aid <HI>Declaration</HI> of the Mini&s;ters.</P>
<P>The which premi&s;es the High and Mighty <HI>States</HI> being plea&s;ed to take into &s;erious con&s;ideration, according to their accu&s;tomed wi&s;dome and ju&s;tice, and calling to mind tho&s;e divers Treaties betwixt the <HI>Kings Royall Predece&s;&s;ors,</HI> and their <HI>Lord&s;hips,</HI> (in his Maje&s;ties per&s;on yet firmly &s;tanding.) And &s;eeing likewi&s;e divers of their <HI>Lord&s;hips</HI> re&s;olved for a punctuall ob&s;ervation of a neutrality, &s;ince the yeare 1642. betwixt the late King, his <HI>Maje&s;ties Father</HI> of ble&s;&s;ed memo|ry, and his <HI>Parliament,</HI> the which by the partial confederacy with the one party, now laboured for, wil in all appearance be violated and infringed.</P>
<P>Therefore their Lord&s;hips are earne&s;tly intreated not to hearken to the &s;aid <HI>Propo&s;itions,</HI> as being prejudiciall to the <HI>King</HI> my gracious Ma&s;ters intere&s;ts, and dangerous to this State; likewi&s;e that the acknowledging them for a free <HI>Re|publick,</HI> (which po&s;&s;ibly the condition of the times, and be|nefit of <HI>Trade,</HI> hath occa&s;ioned,) be not drawn into a further con&s;equence, much le&s;&s;e an occa&s;ion given therby, (forge<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ting <HI>Io&s;ephs</HI> &s;ufferings,) that the afflicted be yet more afflicted, their <HI>Liberty</HI> retarded, and their calamity lengthened.</P>
<P>His <HI>Maje&s;ties affairs</HI> (God be prai&s;ed) are yet in a very good and hopefull condition, farre better then &s;ome of his <HI>Royall Predece&s;&s;ors,</HI> who have notwith&s;tanding run through
<PB N="9" REF="8">all <HI>difficulties,</HI> and became <HI>con&s;iderable</HI> to their <HI>friends,</HI> as <HI>formidable</HI> to their <HI>enemies.</HI></P>
<P><HI>King Robert</HI> the <HI>Bruce,</HI> about three hundred years agoe, being likewi&s;e by the Rebellion of his &s;ubjects, and the di&s;|loyaltie of the <HI>Baliol</HI> and <HI>Cumming,</HI> and their adherents, fiercely a&s;&s;ailed by <HI>King Edward</HI> of <HI>England,</HI> who at once was po&s;&s;e&s;&s;ed, of mo&s;t of the Towns, and &s;trengths in <HI>Scot|land,</HI> kept a Parliament in Saint <HI>Andrews,</HI> took his Queen pri&s;oner, killed four of his brethren, among&s;t whom were tho&s;e <HI>duo fulmina belli,</HI> defaced or removed all the Monu|ments, and Regi&s;ters of that Kingdom, was con&s;trained with one or two &s;ervants to hide him&s;elf among the Hills; yet not|with&s;tanding all this, in a &s;hort time after, recovered his whole Kingdom was Crowned with Honor, and Glory, and forced his in&s;olent Enemie in confu&s;ion to fly from <HI>Sterling</HI> to <HI>Dumbarr,</HI> and thence in a Fi&s;her-boat, (<HI>Xerxes</HI> like) e|&s;caped narrowly with his life. I &s;ay <HI>Sterling,</HI>
<Q>Invictum, &amp; fatale Scotorum propugnaculum:</Q> Of which 'tis &s;aid:
<Q>H&igrave;c latium remorata e&s;t Scotia cur&s;um.</Q></P>
<P>His Maje&s;ties Royal Grand Father, <HI>Henry</HI> the fourth, King of <HI>France</HI> and <HI>Navarre,</HI> (yet of fre&s;h memory) was in a lower condition, and had le&s;s power to re&s;i&s;t tho&s;e of the League and the powerfull King of <HI>Spain;</HI> yet at la&s;t became victorious, in the overthrow of his enemies, to the great ad|vantage, and very con&s;iderable &s;uccour of the <HI>Netherlands.</HI></P>
<P>The di&s;tre&s;&s;ed condition of the Predece&s;&s;ors of the <HI>High</HI> and <HI>Mighty States General,</HI> whom after &s;o many changes the Almighty God hath (to the admiration of the whole World) brought into a &s;afe Haven, (however <HI>Sirius</HI> a Spa|ni&s;h Writer je&s;ting with tho&s;e of <HI>Holland</HI> and their confede|rates, did &s;ay, <HI>What can the Hollanders do again&s;t the King of Spain?</HI> as, now, &s;ome &s;coffingly aske, how can the <HI>Scots</HI> &s;tand again&s;t the powerfull <HI>Engli&s;h?</HI>) Is an eminent, and vi&s;ible example, that it is all one, with the Lord, to help with few or with many, and that when all &s;trength, and humane hopes do fail, he will ari&s;e Gloriou&s;ly, for the deliverance of the righteous, crowning them in the end, with honor and good &s;ucce&s;s.</P>
<PB N="10" REF="9">
<P N="1">I. Shal we then look upon the pre&s;ent &s;ucce&s;&s;es, and pro|&s;perity of that party, as alone unchangeable, for the which &s;uch &s;trange grounds are by them pretended, as are no where found, being &s;o <HI>Diametrically</HI> oppo&s;ite, according to the De|claration of the &s;aid Divines, in, and about <HI>London.</HI> TO
<LIST>
<ITEM>I. Gods holy word.</ITEM>
<ITEM>II. The in&s;tinct of nature.</ITEM>
<ITEM>III. Natural rea&s;on.</ITEM>
<ITEM>IV. The Laws of all Nations.</ITEM>
<ITEM>V. The con&s;titutions particularly of the Kingdome of <HI>England</HI> (who above all other people mo&s;t ob&s;equiou&s;ly, and affectionate|ly regard and reverence their Kings) as in tho&s;e maxims of their Law. <HI>Rex non mo|ritur, Rex nulli facit injuriam,</HI> &amp;c.</ITEM>
<ITEM>VI. The Judgement of all Ca&s;ui&s;ts.</ITEM>
<ITEM>VII. Their Oaths of Fealty, Supremacy, and Allegiance, repeated particularly at the admi&s;&s;ion of every Member into the Hou&s;e of Commons, their Prote&s;tation, their Co|venant, their Solemn League and Cove|nant, and an hundred Declarations (be&s;ides the Pulique Faith of the Kingdom of <HI>Eng|land,</HI> &s;olemnly given to the Commi&s;&s;ioners of the Kingdom of <HI>Scotland,</HI> upon their receiving his Maje&s;tie at <HI>New</HI>-Ca&s;tle) in all which, they profe&s;&s;ed to the world, that they
<PB N="11" REF="9">would maintain and pre&s;erve, with their lives, and E&s;tates, the Kings Per&s;on, Ho|nor, Rights, and Royal Po&s;terity.</ITEM>
</LIST></P>
<P N="2">II. Or, &s;hall we re&s;t &s;atisfied in the Sophi&s;try of tho&s;e Sectaries? who out of Chri&s;ts an&s;wer to the &s;ubtil que&s;tion of the Herodians and Phari&s;ees, (if it were lawfull to give tribute to <HI>Ce&s;ar,</HI>) an&s;wered, <HI>o&s;tendite mihi numi&s;ma, cujus</HI> habet imaginem? inferre, that <HI>fide implicit&acirc;,</HI> the party now in <HI>England,</HI> is to be acknowledged, without any further en|quiry, or examination, &s;ince our Saviours an&s;wer &s;peaks no|thing for their advantage. But on the contrary, his com|manding Tribute to be given to <HI>Ce&s;ar</HI> (whom the <HI>Jewes</HI> formerly acknowledged to be their King) confirmeth, and e&s;tabli&s;heth lawfull power, and con&s;equently condemneth &s;edition and rebellion; el&s;e <HI>David</HI> &s;hould have &s;ubmitted unto, and acquie&s;&s;ed in the u&s;urped power of <HI>Ab&s;olom,</HI> who was po&s;&s;e&s;&s;ed of all the land, even unto <HI>Iordan,</HI> and carried away all <HI>I&s;rael</HI> after him, and <HI>Solomon</HI> in the power of <HI>Ado|nijah, Iehoiada</HI> in <HI>Athalia's,</HI> and the <HI>Machabees</HI> in the power of <HI>Antiochus Epiphanes</HI> the grand enemy of the <HI>Iews,</HI> yea the E&s;tates of the United Provinces &s;hould have then obey|ed the force of the Duke of <HI>Alva,</HI> who by the emblem of his Statue formerly &s;et up in <HI>Antwerp,</HI> did &s;ignifie that he had inve&s;ted him&s;elf with the ab&s;olute power. It is well &s;aid, by one of the Ancients, <HI>Omnis pote&s;tas e&s;t &agrave; Deo; &s;ed acqui&s;itio pote&s;tatis, furto, raepina, incendio, aut perduellione, non e&s;t &agrave; Deo, &s;ed ab hominum affectibus &amp; Satanae maliti&acirc;.</HI></P>
<P N="3">III. Or, may we &s;uffer our &s;elves to be abu&s;ed by the ex|amples and pre&s;idents, which the &s;aid Sectaries alledg of the Kings, <HI>Edward</HI> the &s;econd, and <HI>Richard</HI> the &s;econd, who, by rea&s;on of their incapacity, were forced to re&s;igne their Crowns, the one to his &s;on, the other to his Competitor King <HI>Henry</HI> the fourth, but neither of them to an incon&s;ide|rable,
<PB N="12" REF="10">&s;mall remainder of an hou&s;e of Commons, or the Peo|ple. Onely in a full Parliament both their re&s;ignations were confirmed, and neither executed, but were alway afterwards honorably entertained; yea, one <HI>Roger Mortimer</HI> (which is worth the ob&s;erving) the chief Author and actor in depo|&s;ing of <HI>Edward</HI> the &s;econd, and Crowning his &s;on <HI>Ed|ward</HI> the third in his fathers place, (according to which Pre|&s;ident his Maje&s;ty, <HI>Charls</HI> the &s;econd, ought by the&s;e to have been Crowned) was by a Parliament four years after, toge|ther with his fellow-murtherers, condemned as a Traytor, and enemy to the King and Kingdome, becau&s;e he killed the &s;aid depo&s;ed King in <HI>Berkley Ca&s;tle.</HI></P>
<P>Be&s;ides, the now prevailing Party, by Solemn Prote&s;tati|ons, did publi&s;h and declare to all the world, that they did not intend to follow tho&s;e accur&s;ed Pre&s;idents, although they &s;hould &s;uffer never &s;o much by the King and his Party: <HI>Exact. Collect.</HI> p. 69.</P>
<P N="4">IV. Should we not rather deeply apprehend, and with fear look upon tho&s;e exemplary puni&s;hments inflicted upon perjury, and Covenant-breaking in Gods holy word, as may be &s;een (to omit others, in the per&s;on of <HI>Saul,</HI> who toge|ther with his po&s;terity, as al&s;o the whole Kingdome of <HI>I&s;ra|el,</HI> was &s;o &s;everely puni&s;hed becau&s;e he de&s;troyed the <HI>Gibe|onits,</HI> again&s;t the Covenant made with <HI>Jo&s;hua,</HI> above 200 years before, notwith&s;tanding they procured the &s;ame de|ceitfully. As likewi&s;e in the Hi&s;tory of <HI>England,</HI> and o|ther Kingdoms, many pregnant examples to that purpo&s;e might be alleadged; particularly that of <HI>William Thorpe,</HI> Chief Ju&s;tice of the Kings Bench in that Realm, who for taking a bribe of 80 pounds <HI>Sterling,</HI> was put to death, and all his goods confi&s;cated to the Kings u&s;e, in regard that in &s;o doing he violated the Oath of a Judge as the words run, <HI>Quod Sacramentum Domini Regis, quod erga populum habu|it cu&s;todiendum, fregit malitio&s;e, fal&s;o &amp; rebelliter.</HI> Parl. 23. Edw. 3^d.</P>
<PB N="13" REF="10">
<DIV2 TYPE="section">
<HEAD>An An&s;wer to their Memorials..</HEAD>
<P>THe Memorials I pa&s;s over, as mon&s;trous, and which by inevitable con&s;equence, not onely tend to cut off all Treaties and alliances betwixt the Kings Maje&s;ty and this State, and all commerce with his loyal and faithfull Subjects, but likewi&s;e in &s;ome ca&s;es to the not &s;uffering of them to dwel or re&s;ide in the&s;e parts.</P>
<P>A demand which is again&s;t the band of common &s;ociety among&s;t men, the Soveraignty of the united Provinces, and Liberty of the &s;ame, which have ever been a Sanctuary for hone&s;t men, and a receptacle of all Nations what&s;oever: In a word &s;uch, <HI>quale victor victo dare, non &s;ocius &s;ocium rogare &s;olet.</HI> The cruelty of <HI>Tiberius, Nero, Domitian,</HI> and others hath for the mo&s;t part been confined within the walls of <HI>Rome,</HI> or the borders of <HI>Italy,</HI> without per&s;ecuting their oppo&s;ers, in a &s;trange land as an, <HI>omnibus umbra locis adero.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Concerning the thirty &s;ix Articles of the Treaty.</HEAD>
<P>The thirty &s;ix Articles evidently bend,
<LIST>
<ITEM>I. TO hinder his Maje&s;ties Ju&s;t Right, and Re&s;tituti|on to his hereditary Crown, and Kingdom of <HI>England.</HI></ITEM>
<ITEM>II. To involve the High and Mighty States Generall in a Labyrinth and great inconveniencies, who at pre&s;ent have no enemy.</ITEM>
<ITEM>III. To encourage and &s;trengthen the Kings irreconcila|ble enemies, and Rebels, as the 4, 5, 6, and 31 Articles doe import.</ITEM>
<ITEM>IV. Again&s;t the forementioned re&s;olutions of the High and Mighty States, in the year 1642, concerning the kee|ping a Neutrality betwixt his Maje&s;ties Father of ble&s;&s;ed
<PB N="14" REF="11">memory, and his Parliament of <HI>England,</HI> namely tho&s;e of the 1 of <HI>November,</HI> and 30 of <HI>December</HI> 1642 and the 6 of <HI>No|vember</HI> 1648.</ITEM>
<ITEM>V. Again&s;t a Declaration and Prote&s;tation of the Noble and Mighty States of <HI>Holland</HI> and <HI>We&s;t-Frie&s;land,</HI> dated the 6 of <HI>November</HI> 1649 to the &s;ame purpo&s;e.</ITEM>
<ITEM>VI. Again&s;t all former Treaties, and Alliances betwixt his Maje&s;ties Royall Predece&s;&s;ors and this State.</ITEM>
</LIST></P>
<P>As among&s;t others, that of the 14 of <HI>February</HI> 1593 (like|wi&s;e con&s;i&s;ting of 36 Articles) betwixt King <HI>Henry</HI> the 7 of <HI>England,</HI> his Heirs and Succe&s;&s;ors, made in his name, and by his Authority (as the words of the &s;aid Treaty do bear) and <HI>Phi|lip</HI> Arch Duke of <HI>Au&s;tria,</HI> and Duke of <HI>Burgundy,</HI> which binde and obliege to this very day, divers of the United Pro|vinces, and the chief Members and Towns thereof, to a&s;&s;i&s;t the &s;aid King <HI>Henry</HI> the 7 and his Heirs (which unque|&s;tionably pleadeth for my Ma&s;ter, <HI>Charls</HI> the &s;econd, he being the &s;ixth from him in de&s;cent <HI>in linea recta</HI>) and to afford them all favour and friendly a&s;&s;i&s;tance, as well by Sea as by Land, and prohibiteth any Treaty and Alliance to be made with the Rebels, and the Enemies of one another.</P>
<P>Who&s;e undoubted right, according to Gods &s;acred word, the Lawes, and the Fundamentall Con&s;titutions of the King|dom of <HI>England</HI> as, (<HI>Rex non moritur,</HI> &amp;c.) is firmly radica|ted in his Maje&s;ties Per&s;on, however he by violence be kept from it.</P>
<Q><HI>Non unquam perdidit ordo Mutato &s;ua Jura loco.</HI></Q>
<P>In &s;o much that the ancient <HI>Romans</HI> by the light of nature did refu&s;e to enter into any Alliance with <HI>Nabis</HI> the <HI>&V;&s;urper</HI> of <HI>Lacedaemon,</HI> but continued the &s;ame with the Ju&s;t and law|full King <HI>Pelopides. Amicitia &amp; &s;ocietas nobis nulla tecum e&s;t</HI> &s;aith <HI>Tit: Quintius</HI> in the behalf of the <HI>Roman</HI> Empire, <HI>apud Livium</HI> lib. 34.) <HI>Sed cum Pelopide Rege Lacedaemoni|orum justo &amp; ligitimo facta e&s;t.</HI></P>
<P>Finally again&s;t the renewed Treaty in the year 1550. <HI>De|cember</HI> 15. made at <HI>Bins</HI> in <HI>Henegow</HI> (called the <HI>Perpetuall
<PB N="15" REF="11">Treaty</HI>) betwixt the tutors of <HI>Mary</HI> Q of <HI>Scotland,</HI> in her mi|nority, and Queen <HI>Mary</HI> of <HI>Hungary,</HI> Regent for <HI>Charls</HI> the fifth in the <HI>Low-Countreys,</HI> renewed again <HI>in &s;olenni for|ma</HI> (word by word) at <HI>Edinburgh</HI> 1594. betwixt King <HI>James</HI> the &s;ixth and the <HI>High</HI> and <HI>Mighty States,</HI> after the Bap|ti&s;me of the Late Prince <HI>Henry,</HI> his Maje&s;ties &s;on, celebra|ted at <HI>Sterling.</HI></P>
<P>In the which it is promi&s;ed and agreed upon, <HI>inviola|bly</HI> to <HI>maintain</HI> and <HI>pre&s;erve</HI> mutuall friend&s;hip one with another, for <HI>all ages</HI> to <HI>come,</HI> and as farre as in them lay, to <HI>prevent,</HI> and <HI>hinder</HI> any <HI>dammage</HI> that may befall either of them, that they &s;hall Trafique in &s;afety and &s;e|curity, and likewi&s;e, that they &s;hall a&s;&s;i&s;t each other with Ships, and all &s;ort of <HI>Ammunition,</HI> as may be &s;een at length in the Treaty it &s;elf, in&s;erted by <HI>Peter Borr</HI> in his 30 book.</P>
<P>But how oppo&s;ite this is to their 4, 5, and 31 Articles pro|pounded to your Lord&s;hips, appeareth clearly out of the words there contained, where they not onely deny to the King and his Subjects, <HI>privativ&egrave;,</HI> all favour, friend&s;hip, and provi&s;ion of War, but likewi&s;e endeavour to obliege your Lord&s;hips, <HI>De facto,</HI> to infe&s;t and make war upon them, as having now no other Enemies (as they them&s;elves give out) but <HI>Scotland.</HI></P>
<P>But expecting better things of the <HI>High</HI> and <HI>Mighty States,</HI> and a Religious ob&s;ervation of all Treaties, Re&s;o|lutions, Prote&s;tations, and Declarations; Your Lord&s;hips are intreated not to give ear to the &s;aid Propo&s;itions, and Memorials, as al&s;o that the &s;aid 36 Articles peri&s;hing in their birth, may not be taken into any further Con&s;ide|ration.</P>
<P>The Lord will reward every one according to his works, and I wi&s;h that he may ever ble&s;s the <HI>High</HI> and <HI>Mighty States</HI> with his Fatherly Protection, and keep them from contra|cting any League and Alliance, which may be attended with Di&s;honor and Dammage unto them.</P>
</DIV2>
<TRAILER>THE END.</TRAILER>
</DIV1>
</BODY>
</TEXT>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="12">
<PB REF="12">
<P>ANIMADVERSIONS UPON A CERTAIN SCOTTISH ANSWER, SET FORTH AGAINST The Propo&s;itions &amp; Memorandums OF THE Engli&s;h Amba&s;&s;adors, &amp;c. SERVING For a right Information of the plainer Sort.</P>
<Q><BIBL><HI>ROM. 13.1.</HI></BIBL>
<P>Let every Soul be &s;ubject to the Higher Pow|ers: For there is no Power but of GOD, and the powers which are, are ordained of GOD.</P></Q>
<Q><BIBL><HI>PROV. 24.21.</HI></BIBL>
<P>Fear the King, <HI>[that is to &s;ay]</HI> All Magi&s;trates.</P></Q>
<P>Written and printed fir&s;t in <HI>Dutch</HI> by a Gentleman of <HI>Holland,</HI> and now tran&s;lated into <HI>Engli&s;h.</HI></P>
<P><HI>London,</HI> Re-printed 1651.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="18" REF="13">
<HEAD><HI>Animadver&s;ions</HI> Upon a certain <HI>Scotti&s;h</HI> An&s;wer, put forth again&s;t the <HI>Propo&s;itions</HI> and <HI>Memorandums</HI> of the <HI>Engli&s;h Amba&s;&s;adors, &amp;c.</HI></HEAD>
<P>_THe <HI>An&s;werer</HI> hath this expre&s;&s;ion in the Title of his An&s;wer, <HI>[By the Engli&s;h Amba&s;&s;a|dors, as they &s;tile them&s;elves]</HI> ju&s;t as if no body el&s;e did acknowledge them for &s;uch. Such an untruth appearing pre&s;ently in the Front, makes every one gue&s;&s;e the Hou&s;e is alike furni&s;hed within. Not they them&s;elves, but the K of <HI>Spain,</HI> the K. of <HI>Portugall,</HI> the State of <HI>Venice,</HI> the Duke of <HI>Florence,</HI> the Republick of <HI>Genua,</HI> doe thus ac|knowledge them. And the <HI>An&s;werer</HI> him&s;elfe knowes very well, that the &s;upream power of this Place hath done the &s;ame.</P>
<P>From the Text, <HI>Feare God and the King,</HI> the <HI>An&s;werer</HI> would fain inferre, that they ought both to be feared in one and the &s;ame degree, taxing thereby this very State as much as the <HI>Engli&s;h,</HI> We mu&s;t fear God more then men. The King is a man: the <HI>Scots</HI> them&s;elves did under&s;tand it &s;o, when as in the late troubles they per&s;ecuted their King by warre, and at la&s;t delivered him up unto the <HI>Engli&s;h</HI> for money; as the &s;aid King him&s;elf profe&s;&s;eth in the 23 Chapter of his printed Book of <HI>Meditations.</HI></P>
<P>In the beginning of the Di&s;cour&s;e the <HI>An&s;werer</HI> alledges, That the ancient Contracts and Friend&s;hips were not made between <HI>England</HI> and this State, but between the Kings of <HI>England</HI> and this State. And wherefore &s;aith he not, between the Kings of <HI>England</HI> and <HI>Spain</HI> re&s;pectively? but that he is convinced that State, that is to &s;ay, the Repre|&s;entatives of the Countries, and the People, are<NOTE N="*" PLACE="marg">A Dutch phra&s;e.</NOTE> the <HI>Bride for whom is danced,</HI> The King or Prince is for the peoples &s;ake, not the people for the Kings &s;ake.</P>
<P>The King of <HI>Denmark</HI> &s;aid likewi&s;e in the beginning: He
<PB N="19" REF="13">and his Predece&s;&s;ors had contracted with the Duke of <HI>Bur|gundie,</HI> with the King of <HI>Spain,</HI> not with the <HI>States;</HI> he knew no <HI>States,</HI> and denied any treaty with them. But his Maje&s;ty hath been better informed &s;ince, having of his own accord often de&s;ired a Treaty with the&s;e States, as other Kings and Potentates have done, who thereby doe and mu&s;t acknow|ledge, that a <HI>King</HI> or <HI>Prince</HI> doth and ought to do all in dea|ling, treating, or tran&s;acting, <HI>propopulo, pro &s;alute populi:</HI> For the people, for the weale of the people (which is the &s;u|pream Law) not for him&s;elfe. That the name of the King or Prince is u&s;ed therein, no otherwi&s;e but <HI>Nomine procuratorio, vel tutorio,</HI> as a Tru&s;tee, or Guardian. So their Lord&s;hips the Sta<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">es under&s;tood it al&s;o, when on <HI>May</HI> 2. la&s;t pa&s;t, they pre|&s;ented unto the <HI>Engli&s;h Emba&s;&s;adors,</HI> the ancient Treaty of 1495. made in the Names of the King of <HI>England,</HI> and the Archduke of <HI>Au&s;tria.</HI> King <HI>James</HI> of <HI>Scotland</HI> implied as much when he &s;ought in <HI>Anno</HI> 1594. to renew the old Trea|tie (with the States Generall) formerly made in the name of Queen <HI>Mary</HI> of <HI>Scotland,</HI> 1541, which agreeth in every re|&s;pect with the practice of all other Princes.</P>
<P>The <HI>An&s;werer</HI> &s;aith, That the States in <HI>Anno</HI> 1584, did offer the Soveraignty of the&s;e Countries to Q. <HI>Elizabeth.</HI> To what purpo&s;e he utters this, I cannot imagine; For, it will not follow thence, that this State cannot be allowed to treat with the State of <HI>England,</HI> though there be no King; &s;ince the &s;aid Queen, and the Kings after her treated with us, even af|ter we had ca&s;t off our King, as the <HI>Engli&s;h</HI> have now done theirs:</P>
<P>If this State made offer of the Soveraignty to Q. <HI>Elizabeth,</HI> doubtles it was on certain conditions; which if &s;he or her Suc|ce&s;&s;ors had not kept, we &s;hould not have &s;crupled to have reco|vered the &s;ame into our hands again, even as the <HI>Engli&s;h</HI> have don. Among the <HI>Barbarians</HI> and Savages it is confe&s;t indeed, that their Kings wil be bound to no Laws, (though oft-times they fare accordingly: For, how many have there been even in our times, of <HI>Turki&s;h</HI> &amp; other Heathen Emperours &amp; Kings made away?) But among <HI>Chri&s;tians</HI> no King or Prince was ever heard of, but he mu&s;t &s;wear to maintain the Laws. If any
<PB N="20" REF="14">Prince prove perjured and break them, &s;o &s;oon as the breach is made, the people are freed from their obedience.</P>
<P>The &s;upply both of men and money which the <HI>Queen</HI> &s;ent for our reliefe, came from the people them&s;elves, and out of the peoples pur&s;e; the people did con&s;ent unto it, and grant it. <HI>&V;ntrue therefore</HI> it is, which the <HI>An&s;werer</HI> affirmes, that the &s;aid &s;uccour and a&s;&s;i&s;tance was &s;ent without the co-opera|tion or con&s;ent of the people of <HI>England.</HI></P>
<P>If the people of <HI>England</HI> had any Monarch at this in&s;tant, to whom they had given up the power of Treating, then our addre&s;&s;es of Treaty &s;hould be made to him; but there being no &s;uch thing, and we not able to &s;ub&s;i&s;t without the friend|&s;hip of <HI>England,</HI> therefore we mu&s;t treat with <HI>England</HI> as it is now governed.</P>
<P>And truly the late Summers proceedings and attempt in this Countrey, (when our own Freedom ran greate&s;t hazard) may well awake us to circum&s;pection, and cau&s;e us to rejoyce that <HI>England</HI> is no Monarchy now, but a Free State, of the &s;ame con&s;titution with ours, and to wi&s;h that thus it may con|tinue; For, all the dependants and kindred of the young Prince of <HI>Orange,</HI> maintain &s;till, we ought, mu&s;t, &amp; are bound both by the merits of the Hou&s;e of <HI>Na&s;&s;au,</HI> and for our own &s;ub&s;i&s;tence &s;ake, to take the young <HI>Prince</HI> again for our Head, Generall and Governor: And were the King of <HI>Scot|land</HI> ma&s;ter of <HI>England,</HI> he would maintain it as &s;trongly as any, and &s;eek to force the child upon us.</P>
<P>As for the favours and a&s;&s;i&s;tances that King <HI>James</HI> and <HI>Charles</HI> afforded us, they doe not merit naming; we had more hurt then good by them. And King <HI>Charles</HI> never kept touch with us, as is well known. If in tho&s;e times the people or Parliament had been in Government, as now they are, they would have better managed the Revenews of <HI>England</HI> (which Kings wa&s;te, or play away) to procure our effectuall liberty, &s;uch as now both <HI>England</HI> and we enjoy, but not after the method that <HI>Leice&s;ter intended.</HI></P>
<P>The <HI>An&s;werer</HI> &s;aith, that the prevailing party make not up the hundreth part of the people of <HI>England.</HI> Why truly then the <HI>Ninety-nine Royali&s;ts</HI> that &s;uffer one <HI>Parliamenteer</HI> to do|mineer
<PB N="21" REF="14">it over them, mu&s;t be very notable Cowards.</P>
<P>I am &s;ure there were &s;even or eight <HI>Royali&s;ts</HI> at the <HI>hague</HI> made a &s;hift to di&s;patch one <HI>Dori&s;laus,</HI> and at <HI>Madrid</HI> onely five or &s;ix did murther <HI>A&s;cham;</HI> but an hundred to be over|come and kept under by one, how is it po&s;&s;ible? This Tale hath for the&s;e many years been pin'd to our &s;leeves; yet &s;till the <HI>Parliamenteers</HI> get the better, and keep the better.</P>
<P><HI>Englands</HI> greate&s;t Power, the flower of the Parliaments Forces, is now in <HI>Scotland;</HI> I marvell the <HI>ninety-nine</HI> to one are &s;o tame and quiet &s;till in <HI>England;</HI> as nowhere to &s;hew them&s;elves.</P>
<P>The compari&s;on of <HI>England</HI> with a &s;hip, doth hold as good a proportion as the <HI>ninety-nine</HI> to one. The <HI>Engli&s;h</HI> people and Nation is and abides the &s;ame it was; the <HI>individuals</HI> de|cay, the <HI>&s;pecies</HI> remains. A <HI>Ship</HI> and a <HI>People</HI> fit as well as a <HI>Cat</HI> and a <HI>Duck;</HI> but I conceive the <HI>An&s;werer</HI> means the Trees whereof the &s;hip is built: for they do propagate and multiply according to their kind, like men, and that is more &s;utable to the opinion of &s;ome &s;oothing <HI>Court-Para&s;ites,</HI> &s;uch as our <HI>An&s;werer</HI> proves him&s;elfe, that &s;ubjects are no other|wi&s;e then trees: others compare them to bea&s;ts, as if a Prince were &s;o much better then the &s;ubjects, as another man is bet|ter then a bea&s;t: that is to &s;ay, The bea&s;ts are bea&s;ts to men, but the &s;ubjects are their Princes bea&s;ts; A bea&s;tly opinion.</P>
<P>The entercour&s;es of Commerce, &s;aith the <HI>An&s;werer,</HI> are common to all Nations; Why then the King of <HI>Scotland</HI> doth very ill in &s;topping and mole&s;ting the free and common com|merce of all Nations from the <HI>Sillies, Ier&s;ie, Ireland, Dun|kerk,</HI> &amp;c. to &s;o great prejudice of the Seamen, that the dam|mage in this kinde can no longer be endured. The <HI>Engli&s;h</HI> have the &s;ame aim with us, for clearing of the &s;ea. I cannot tell what he means by his <HI>Gargazens Trade. Navigation</HI> is the life of this State: <HI>Religion</HI> and <HI>Trade</HI> doe not de&s;troy one another, as it &s;eems he would inferre; and how doth he talk of Religion? He him&s;elfe is profe&s;&s;edly again&s;t the Epi&s;copall way (which all the <HI>Royali&s;ts</HI> and the <HI>Prince&s;&s;e Royall,</HI> and the <HI>Queen</HI> of <HI>Bohemia</HI> are &s;till addicted to) and holds with the <HI>Presbyterians;</HI> with whom our own people (for matter of
<PB N="22" REF="15"><HI>Excommunication</HI> and <HI>Di&s;cipline</HI>) do not agree. He &s;aith farther, <HI>Violent Governments are not la&s;ting:</HI> By that rule, no <HI>Monarchicall</HI> Government &s;hould be la&s;ting; for their Sword onely doth &s;upport them. He &s;aith <HI>England</HI> is &s;ub|ject to great alterations, yea, more than any Countrey under the Sun. He means under Kingly Government: But by and by he &s;owes jealou&s;ies, by &s;aying, that <HI>England</HI> continuing a Commonwealth, it is like to increa&s;e mightily in Trade and Navigation, and that the increa&s;e of Trade in <HI>England,</HI> will make ours to decay in <HI>Holland.</HI> The&s;e a&s;&s;ertions do mighti|ly thwart one another. Fir&s;t, he &s;ays; There is 100 <HI>Roya|li&s;ts</HI> to one Parliamentier; then, <HI>England</HI> is extreamly &s;ub|jects to changes and alterations; within the &s;pace of 11 or 20 days, it hath been lo&s;t and won; and then pre&s;ently after he &s;aith, <HI>England</HI> continuing a Republique, will make our Trade decay. <HI>Erg&ograve;</HI> his minde and fear prompts him, that the En|gli&s;h Republique may well endure &s;omewhat more then 11 or 20 days. The&s;e Pa&s;&s;ages of his contradicting each other, are an Argument of a &s;hort memory, or that he goes about to abu&s;e us with <HI>flim flam</HI> tales. For, how doth it appear that our Trade &s;hall be &s;poiled by the <HI>Engli&s;h?</HI> They &s;end and offer us reall a&s;&s;i&s;tance and protection again&s;t the mani|fold depredations we &s;uffer by others.</P>
<P>If both the&s;e Republicks were well united, yet the num|ber of Monarchies round about them, will finde work e|nough for both to maintain their Negotiations jointly: How much le&s;s then is <HI>England</HI> alone like to get all the Trade to them&s;elves? The Engli&s;h may be &s;trugling a good while yet, before a &s;ecure &s;etling; they will not want enemies at home and abroad, to make attempts upon them; as the <HI>An|&s;werer</HI> him&s;elf confe&s;&s;eth.</P>
<P>The Progno&s;tick of <HI>October</HI> 16 which he &s;peaks of, is an in|&s;inuation of the &s;ame nature with tho&s;e Victories, &s;ucce&s;&s;es, and advantages which he daily forged, and printed here la&s;t Summer, which by the Blow at <HI>Dunbar</HI> evaporated all im|mediately. Tho&s;e that tell us of <HI>Almanacks</HI> and <HI>Progno&s;ticks,</HI> &s;hew they have but few and &s;lender Rea&s;ons left them to produce. I could reply to him out of <HI>Spinrock</HI>'s Go&s;pell.</P>
<PB N="23" REF="15">
<P><HI>Religion,</HI> &s;aith he, was wont to &s;hine forth under the <HI>Kingly Government.</HI> How comes this An&s;werer to prai&s;e the Kings Religion, when as him&s;elf as well as the re&s;t of his <HI>Scots</HI> Countreymen, have not onely made the fir&s;t in&s;urrecti|on again&s;t the Kings Religion; but entred into a Covenant and rai&s;ed war, and at la&s;t &s;old the King for money (accor|ding to the Kings own publi&s;hed profe&s;&s;ion; Principally again&s;t the Kings Religion, or again&s;t the innovation there|of at lea&s;t. And what the King &s;aid further of the <HI>Scots</HI> Religion, and con&s;equently of the <HI>An&s;werers</HI> Religion, you may read at large in the 14 and 16 Chapters of his printed Book. It is well known what har&s;h and bitter Sermons and Books were made but lately at <HI>Breda</HI> and the <HI>Hague,</HI> again&s;t the <HI>Reformed Religon,</HI> whom they &s;till hatefully termed <HI>Calvini&s;ts.</HI> Are there in <HI>England</HI> divers Sects? there are here al&s;o not a few, God mend it; and even as the Governors here would gladly &s;ee it otherwi&s;e, &s;o like|wi&s;e tho&s;e in <HI>England;</HI> in the mean time, we are a&s;&s;ured, that in <HI>England</HI> divers books are forbidden, and were burnt by the <HI>Hangman,</HI> which here pa&s;&s;e up and downe yet every where.</P>
<P>The Amba&s;&s;adors have in the Name and behalf of the whole Engli&s;h Government, declared the Conformity of their Religion with ours. They tolerate &s;ome others; and &s;o do we; onely we allow more and greater toleration then they: Neither we nor they approve of a <HI>Spani&s;h Inqui&s;i|tion.</HI></P>
<P>They do not allow the Church an ab&s;olute power of Ex|communication; no more do we; and the Scotti&s;h Kirk al|&s;o was fain to remit it now them&s;elves. So that the Presby|terians rage and roaring again&s;t Sects and Sectaries is groundle&s;s; for between them&s;elves and the Independents (&s;o named) there is not difference in the main of Religion, or profe&s;&s;ion, be&s;ides Di&s;cipline; but it &s;hould &s;eem the Presbyterian <HI>Boutefeus,</HI> aim at a <HI>Papall Power,</HI> to admini|&s;ter the <HI>Jus Clavium</HI> at plea&s;ure, as the <HI>Scots</HI> have: But their young King hath already taught them another Le&s;&s;on; di&s;approving thereby al&s;o the Engli&s;h Presbyterians, It were
<PB N="24" REF="16">much to be wi&s;hed indeed, that all men were of one minde; that there were but one Religion: Our <HI>An&s;werer</HI> I believe knows as little how to advi&s;e or compa&s;s it, as others. Nay, he him&s;elf refu&s;ing to go to the &s;ame Church where the King went, during his abode here, and the Queen of <HI>Bohemia</HI> and the Prince&s;s Royal, and all the Royali&s;ts, doth thereby &s;uf|ficiently evidence, that there are &s;ects and divi&s;ions, as well between his party and the Kings, as there is between the <HI>En|gli&s;h</HI> and the <HI>Presbyterians.</HI> That which he mentioneth of the good life of his Royal Chri&s;tians, I profe&s;s, I under&s;tand not: If by a good life he means, a merry, joviall life, <HI>(dum vixit, vixit bene)</HI> I yeild, that at Court they live more merrie and frollick then el&s;ewhere; and thence it is, that at <HI>London</HI> they have put down all the Play-Hou&s;es, and &s;uch like pla|ces and practi&s;es of profane and &s;candalous recreation. That otherwi&s;e the life and fruitfull Conver&s;ation of the Royali&s;ts &s;hould be more holy and exemplary, then that of the En|gli&s;h Independents, as they call them, I never heard of be|fore. Were they not the Kings evil Councellors, his flat|terers, and &s;educers (whom I return to the <HI>An&s;werer</HI> for his <HI>Albii, Ca&s;&s;ii, Nigri</HI>) that made as well the Presbyterians, as the re&s;t, complaine &s;o much again&s;t him from time to time?</P>
<P>And I pray, were not the Presbyterians the fir&s;t and the onely men, that took the King to task? The <HI>An&s;werer</HI> him&s;elf was one of them, and of tho&s;e Covenanters, that &s;upplanted the King, for his maintaining the <HI>Epi&s;copal Hi|erarchie:</HI> And when the Presbyterians afterwards went a|bout to introduce the <HI>Presbyterian Hierarchie</HI> (changing onely the Name, and maintaining the Sub&s;tance) then &s;aid the others whom he calls <HI>Independents,</HI> Soft my Ma&s;ters; we have freed our &s;elves from the Bi&s;hops Yoke; &s;hall we put our necks under the <HI>Presbyterians?</HI> The <HI>An&s;werer</HI> alledg|eth &s;ome other books which make for him. How many o|ther blew books might ea&s;ily be produced again&s;t the &s;ame, and to his prejudice?</P>
<P>The King him&s;elf complains in his book <HI>ch.</HI> 15. and 21. how much hurt the&s;e books did him; &s;o that I know not why the <HI>An&s;werer</HI> &s;o highly e&s;teems the&s;e blew books, and
<PB N="25" REF="16">that publickly in print too now, as well as in the <HI>Generall A&s;&s;embly;</HI> odiou&s;ly checking the Soveraign Government here, for having begun to treat with the <HI>Engli&s;h;</HI> and pre|&s;umptuou&s;ly &s;preading the &s;ame abroad among the Com|mons; as though the <HI>Magi&s;trates</HI> were regardle&s;s of their Office; and as if he intended to incen&s;e and rai&s;e the <HI>Com|mons</HI> again&s;t the <HI>Governors&punc;</HI> contemning the publick O<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">di|nances in this behalf. As for the <HI>Succe&s;&s;es;</HI> the <HI>An&s;wer|er</HI> knows well enough that &s;everal other Kings, Republicks, Princes and Potentates had beforehand acknowledged the Republick of <HI>England</HI> and honored the &s;ame with their Am|ba&s;&s;ies, and Credentials: And <HI>England</HI> al&s;o &s;ent fir&s;t unto this State, before this State &s;ent to <HI>England.</HI> We have not looked upon the &s;ucce&s;&s;es, but upon the Example of others.</P>
<P>The <HI>An&s;werer &s;aith,</HI> that the <HI>Engli&s;h th<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">m&s;elves</HI> do di&s;a|vow the great <HI>Turk:</HI> Again, the <HI>Gentleman</HI> throwes it beyond my reach, or he knows not what he avers him&s;elf. I never heard of any &s;uch Di&s;avowing; but this I know well on the contrary, that all <HI>Chri&s;tian Potentates,</HI> acknowledge the <HI>Turk</HI> for what He is, and accordingly honor him with their <HI>Amba&s;&s;ies:</HI> The <HI>An&s;werer's</HI> King him&s;elf, &s;crupled not to &s;end to the <HI>Turk;</HI> no more doth the <HI>Engli&s;h</HI> Republick. Men, Laws, Governments, mu&s;t every where be taken and u&s;ed as they are. As long as the <HI>An&s;werer</HI> and his King are forced to let the Government remain as it is, &s;o they mu&s;t give us leave to do the &s;ame.</P>
<P>The <HI>An&s;werer</HI> &s;aith, that there is as much difference be|tween the <HI>Engli&s;h</HI> Government and Liberty, and that of ours, as there is between <HI>Milk</HI> and Ink, according to the &s;aying of one <HI>Salma&s;ius,</HI> calling him a great Per&s;onage. Sure the <HI>An&s;werer</HI> knows well that <HI>Salma&s;ius</HI> his Book, where he had this <HI>crotchet,</HI> is publickly declared a Libell and &s;canda|lous here. Do great Per&s;onages u&s;e to write Libells?</P>
<P>Furthermore, He &s;aith, That the <HI>Batavians</HI> or <HI>Hollan|ders,</HI> have been a Free Nation from all ages, and under the &s;ubjection of none. Certainly he is a dreaming; or el&s;e he hath the art to make white black, and black white, at plea|&s;ure: or, <HI>Milk</HI> and Ink is all one to him. What, hath not
<PB N="26" REF="17"><HI>Holland</HI> been under Earls above eight hundred years? And la&s;tly, under the Hou&s;e of <HI>Burgundy, Au&s;tria,</HI> and <HI>Spain?</HI> Indeed the <HI>Earls</HI> were tied to <HI>Laws,</HI> and &s;o were the Kings of <HI>England;</HI> if he &s;ay, an <HI>Earl</HI> is no <HI>King;</HI> I an&s;wer, <HI>Eng|land</HI> is divided in more then fifty Counties, or Earldomes; &s;o <HI>France</HI> is divided into many principalities and Counties. He that gets the command over them, &s;oon gets a Title, <HI>King, Prince, Earl,</HI> or <HI>Lord;</HI> it comes all to one, if they have no Superiours. But all of them are bound to their Oaths, and the Laws. Neither in <HI>France,</HI> nor in <HI>Spain,</HI> nor anywhere el&s;e, are Kings allowed an unlimited power. The Examples in <HI>France</HI> are too fre&s;h to rehear&s;e them.</P>
<P>The Kings of <HI>Spain</HI> have been Earls of <HI>Holland,</HI> and ac|knowledged no &s;uperiors; now being freed from <HI>Spain,</HI> there is none appearing that pretend any right to <HI>Holland.</HI> Ne|verthele&s;&s;e he was bound to the laws by an oath.</P>
<P>So that King of <HI>England</HI> was Earle of <HI>E&s;&s;ex&s;hire, Su&s;&s;ex, Yorkshire,</HI> and of all the re&s;t, compendiou&s;ly called King of <HI>England, Scotland, Ireland,</HI> but bound to the Lawes.</P>
<P>They of <HI>Holland</HI> perceiving their King had infringed the Laws, thereupon they oppo&s;ed him, and fought them&s;elves free; <HI>Bene &amp; feliciter</HI> (&s;aith the King of <HI>Spains</HI> Emba&s;&s;ador Count <HI>Pigneranda) pro libertate pugna&s;tis; ea vobis debetur.</HI> The <HI>Engli&s;h</HI> in like manner perceived their King had tre&s;pa&s;&s;ed again&s;t the laws, and fal&s;ified his oath, whereupon they op|po&s;ed him til they fought them&s;elves into the &s;ame condition of <HI>Freedom.</HI></P>
<P>I could &s;ay &s;omewhat more here: That the King of <HI>England</HI> out-did <HI>Spain.</HI> He of <HI>Spain</HI> had &s;worn to the <HI>Roman</HI> Religion, and conceived him&s;elf bound to protect it according to his <HI>Oath:</HI> but the King of <HI>England</HI> being &s;worn to the <HI>Prote&s;tant</HI> Religion, is charged to have acted again&s;t it, innovated it, and had he gotten the ma&s;tery, would have changed it.</P>
<P>That this A&s;&s;ertion (owned as well by the <HI>Scots</HI> as the <HI>Engli&s;h</HI>) is mo&s;t true, appeares by the <HI>Covenant,</HI> fir&s;t made by the <HI>Scots,</HI> and afterwards embraced al&s;o by the <HI>Engli&s;h:</HI> Look upon <HI>Chapt.</HI> 14. of the <HI>Kings Book,</HI> &s;ee what he &s;aith there him&s;elfe of the <HI>Covenant:</HI> Again, the <HI>Covenant</HI> very expre&s;|ly
<PB N="27" REF="17">&s;hewed, that the King had an intent to alter Religion and Laws. The <HI>An&s;werer</HI> him&s;elfe was a <HI>Covenanter</HI> and <HI>Par|liamenteer,</HI> and blew as fiercely and zealou&s;ly as any again&s;t the Kings de&s;igne of Innovation, as they termed it. The &s;e|cond and third Article of the <HI>Covenant</HI> &s;peaks very plain. And there have been a thou&s;and books written both by the <HI>Scots</HI> &amp; <HI>Engli&s;h Presbyterians</HI> on that &s;ubject. Nay, the <HI>Scots</HI> them|&s;elves have even &s;ince the late Kings death, excommunicated all that had and did adhere to the King (calling them <HI>Enga|gers</HI>) and declared them <HI>Given over to the Devill.</HI> And for this cau&s;e they put poore <HI>Montro&s;&s;e</HI> to death, and refu&s;ed him <HI>Ab&s;olution.</HI> And what afterwards the King him&s;elf, and <HI>Ha|milton, Middleton, Lauderdale,</HI> &amp; others of this party, have &s;uffered, is notorious to all the world. Al&s;o, how this King was fain to do penance, and to confe&s;s the bloud guiltine&s;s of his Father's Hou&s;e. How ever, all the difference betwixt the Kings of <HI>England,</HI> and <HI>Spain,</HI> was only this; that He of <HI>England</HI> did more, and He of <HI>Spain,</HI> le&s;s again&s;t the Re|ligion that each of them was &s;worn to.</P>
<P>It is well known, that the <HI>Scots</HI> were the fir&s;t, that made a <HI>Covenant,</HI> and thereupon took up arms, even as the No|bility heretofore in the <HI>Netherlands,</HI> made a League or U|nion, and took up arms to defend it. The <HI>Scots</HI> having clea|red their own Land of all the <HI>Royall</HI> de&s;igns and adherents, were not content therewith, but proceeded to a&s;&s;i&s;t the <HI>Eng|li&s;h,</HI> who were as eager to be rid of the &s;ame incumbrances. Which being effected, and the King brought to this pa&s;s, that he &s;aw no remedy left him, then he betook him&s;elf to the <HI>Scots</HI> at la&s;t, his own Country men, as confiding more in them. Why did not the <HI>Scots</HI> then take him home along with them? They &s;aid, it was not expedient; the <HI>King</HI> might ea&s;ily put <HI>Scotland</HI> into new broils, as the <HI>Engli&s;h</HI> found afterwards among them&s;elves; for then broke fir&s;t out tho&s;e differences betwixt <HI>Presbyterians</HI> and <HI>Independents;</HI> the former would have a new <HI>Hierarchy</HI> introduced, like that of the <HI>Scots;</HI> the later would have the <HI>Reformed Religion</HI> maintained, as it now &s;tands among them, only they would bear with <HI>tender con&s;ciences,</HI> and &s;ome others, as wee doe likewi&s;e here.</P>
<PB N="28" REF="18">
<P>The King of <HI>Spain</HI> hath given up his Right, and acknow|ledged this a <HI>Free State:</HI> had the King of <HI>England</HI> done the like, or would this King content him&s;elf yet with the <HI>Scot|ti&s;h</HI> Crown, as his Fore-fathers did, the war would &s;oon be at an end. And herein <HI>Philip</HI> &s;hewed him&s;elf more rea&s;o|nable and righteous, then <HI>Charls,</HI> whom neverthele&s;s hee &s;tyles, that <HI>Ble&s;&s;ed Martyr,</HI> &s;o highly wronged and per&s;e|cuted, not remembring, at lea&s;t concealing, that they were the <HI>Scots,</HI> who began this violent dealing with him. But none of this concerns us, not can we help it. If the <HI>Scots</HI> vvill begin troubles and war, and the Neighbour Kings and Potentates, will wink at it, vvhat is that to us?</P>
<P>What is farther &s;aid by the <HI>An&s;werer,</HI> about the Kings death, concerns not us of <HI>Holland</HI> at all. If a King wageth war with his &s;ubjects, he mu&s;t needs re&s;olve to run the ha|zard. Kings and Princes are fle&s;h and bloud, and mortal as well as others. As much might have been done in a Charge by the Sword of a <HI>private &s;oldier,</HI> as was afterwards by the hand of the <HI>Executioner.</HI> The Quality or Maje&s;ty of a King or Prince, is of no con&s;ideration to the &s;teel or lead of the meane&s;t &s;oldier, <HI>&amp; no&s;tro &s;equitur de vulnere &s;anguis. Maje&s;tate nihil contemtius, nec infirmius, &s;i &s;int qui contem|nant. A living Dog is better then a dead Lion.</HI> A Pe&s;ant, owner of &s;ome Land, is better then a King, vvithout Land. He that vvill not &s;ubmit him&s;elf to the Di&s;cretion of a <HI>Con|querour,</HI> &s;hould not runne the hazard of being conquered. The <HI>Conquering party</HI> &s;aw no other <HI>Expedient,</HI> no farther tru&s;t given; even during the Kings re&s;traint, there was fa|ction upon faction, divi&s;ion upon divi&s;ion, in&s;urrection upon in&s;urrection rai&s;ed. The meane&s;t creature, the poore&s;t worm &s;eeks for &s;elf-pre&s;ervation. How much more a Man? If there had been any means left under Heaven, whereby a firm confidence could have been recovered, it is very proba|ble, the <HI>Prevailing party</HI> would have yeilded to it. But to put all their Fortunes, Reputation, Freedom, Life, and Be|ing, upon a new hazard again, no Rea&s;on could advi&s;e them.</P>
<P>Now, as to the matter of depo&s;ing, and de&s;troying of Kings, it is &s;o common, both in <HI>England</HI> and <HI>Scotland,</HI> that
<PB N="29" REF="18">I admire, why the <HI>An&s;werer</HI> makes it &s;o &s;trange and prodi|gious. But all the&s;e things are &s;o largely &s;et forth in print|ed Boooks and Pamphlets, that the <HI>An&s;werer</HI> hath little rea|&s;on to make a wonder of it. <HI>Omnia jam vulgata.</HI></P>
<P>To make an alliance with <HI>England</HI> were unnece&s;&s;ary if our Commerce and Liberties were not in danger. We are bound to look to their pre&s;ervation. The Depredations are un&s;up|portable! We do not afflict the afflicted; but tho&s;e whom he calls the afflicted, afflict us.</P>
<P>As for the affliction of <HI>Jo&s;eph,</HI> we know not what it means, unle&s;s he make <HI>Jo&s;eph</HI> a <HI>Cavalier;</HI> and under that notion the <HI>Scots</HI> them&s;elves were the fir&s;t that per&s;ecuted him. And that party in <HI>Scotland</HI> which the <HI>An&s;werer</HI> him&s;elf doth e&s;teem the hone&s;ter, <HI>viz.</HI> the <HI>kirk party,</HI> they abhor the <HI>Royali&s;ts,</HI> calling them <HI>Malignants.</HI> The <HI>Engli&s;h</HI> Amba&s;&s;adors have declared here in their fir&s;t Propo&s;ition, they came not out of nece&s;&s;ity, but to &s;hew, they were willing to choo&s;e this State for their be&s;t friends. They have not de&s;ired to ingage us again&s;t the <HI>Scots.</HI> But it is well known both to them and us, what practices and mighty indeavours, the <HI>Royal party</HI> hath u&s;ed the&s;e many years to ingage this State again&s;t the Parlia|ment, now the Common-wealth of <HI>England.</HI> What par|tial proceedings were there a foot? All that came from the <HI>King,</HI> had audience at plea&s;ure; the <HI>Parliament</HI> none. The State&s;-men of war, were (though mo&s;tly be&s;ides the States knowledge) imployed in the &s;ervice of the <HI>King</HI> and his <HI>Party,</HI> as if they had been his own. What would have been the i&s;&s;ue think you, if they had ingaged us to make war again&s;t the Parliament, but to &s;acrifice our Power, our Trea&s;ure, our Freedome, for the in&s;laving both the Parlia|ment and our Selves? Is it forgotten already, what pa&s;t here among us la&s;t Summer? Had <HI>Am&s;terdam,</HI> and the Bank of <HI>Am&s;terdam,</HI> been but &s;urpri&s;ed once, nay, had but <HI>one man</HI> continued alive, we &s;hould have been in a ca&s;e &s;ad and bad enough.</P>
<P>After that this danger was over, and we had called the <HI>Grand A&s;&s;embly</HI> together, for the &s;ettlement of our Free|dom, they acknowledged the Common-wealth of <HI>England,</HI>
<PB N="30" REF="19">and re&s;olved to &s;end an Amba&s;&s;ador to them; the Parliament &s;hewed them&s;elves &s;o honourable and civil, that they pre|vented us, concurring with our own de&s;ires, of &s;ettling both the&s;e <HI>Republicks,</HI> in a po&s;ture again&s;t all that &s;hould at any time attempt ought again&s;t them. They con&s;idered who was their pre&s;ent Enemy, and how near the King of <HI>Scots</HI> was allied to him, that by his late practi&s;es di&s;clo&s;ed &s;o much of his De&s;igns again&s;t <HI>Holland, Am&s;terdam,</HI> and the whole State. Al&s;o what &s;pecial corre&s;pondence there pa&s;t between the&s;e two, to reduce both <HI>Republicks</HI> to a plenary Subjection. Afterwards when the <HI>Engli&s;h</HI> had gotten the &s;tart of their Adver&s;ary, by the great Victory at <HI>Dunbar:</HI> Then it is to be ob&s;erved, that they came out of a cordially zeal and affection to deliver us likewi&s;e, and to further the &s;ettlement of our State, and by an union with them, render us &s;ecure at home, and feared abroad. How, and by whom the effect thereof hath been protracted hitherto, is well known; namely, by tho&s;e who &s;till are Preaching to us, that we &s;hould &s;ubmit our &s;elves under the young Prince of <HI>O|range;</HI> that is to &s;ay, under the &s;i&s;ter of the King of <HI>Scot|land,</HI> the Guardiane&s;s of him, whom they would fain force upon us for our Head and Guardian.</P>
<P>The following both Scripture and prophane Allegations and Hi&s;tories regi&s;tred by the <HI>An&s;werer,</HI> are to no purpo&s;e, being a thou&s;and times refuted. Gods holy Word, the in|&s;tinct of Nature, right rea&s;on, the Laws, the Judgements of the Ca&s;ui&s;ts, the Oaths, Covenants, and all the&s;e are things the Parliament alledge for them&s;elves, with more rea&s;on and advantage, then the <HI>Royali&s;ts.</HI> Tho&s;e &s;ayings, <HI>Rex non mo|ritur, &amp; Rex nulli facit injuriam,</HI> are known to be rank flat|teries, and neither in <HI>England,</HI> nor in any other Kingdome allowed of. I wonder how this man dur&s;t avert &s;uch things in the face of this <HI>Republick.</HI></P>
<P>As al&s;o, that he dur&s;t call that a <HI>Sophi&s;<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">e,</HI> which the States of <HI>Holland</HI> had made u&s;e of, to induce the re&s;t of the Pro|vinces to the Acknowledgment of the <HI>Engli&s;h Republick, viz</HI> to give unto <HI>Ce&s;ar,</HI> (that is, the pre&s;ent Po&s;&s;e&s;&s;or or In|cumbent) that which is <HI>Ce&s;ars.</HI> Why did he not fir&s;t make
<PB N="31" REF="19">known this &s;ubtle &s;olution of that Sophi&s;m to <HI>Spain, Portu|gal, Venice, Florence, Genua?</HI> (<HI>France</HI> would fain come on too.) Did they under&s;tand the <HI>Date Cae&s;ari</HI> thus? we had more rea&s;on for it.</P>
<P>As for tho&s;e other allegations, taken out of &s;everal Ser|mons, I &s;hall direct him to infinite other Sermons, that were and are daily made in the behalf of the Parliament. The <HI>An|&s;werers,</HI> and others wre&s;ting of the Scriptures, like a No&s;e of wax to &s;erve their turns, is a kind of Prophanation.</P>
<P>The <HI>Memorandums</HI> he calls <HI>Mon&s;trous things.</HI> A bold expre&s;&s;ion. They contain the very words, &s;et down in the <HI>Treaty</HI> of <HI>Anno</HI> 1495. and con&s;equently the <HI>States</HI> own words, delivered unto the <HI>Engli&s;h Amba&s;&s;adors, May</HI> 2 la&s;t, which are not mon&s;trous, but grounded on very weigh|ty Rea&s;on. For, we do plainly find, that for divers years now all along, the <HI>Engli&s;h</HI> and <HI>Scots</HI> Malignants, do not only &s;eek to imbroil us in war, but labour likewi&s;e daily here to reduce us again under the &s;ubjection or Guardian&s;hip of the young Prince of <HI>Orange,</HI> that needs a Guardian him&s;elf: So that it &s;eems <HI>Lex Julia de ambitu,</HI> lies a&s;leep. Otherwi&s;e this State ought to rid them&s;elves of tho&s;e &s;trangers, that &s;eek to obtrude a new Domination upon us. And the <HI>Engli&s;h</HI> de&s;erve our thanks, for having reacht forth their helping hand thus unto us.</P>
<P>In the Rear now our <HI>An&s;werer</HI> falls upon the thirty &s;ix Articles, and &s;ays, That the &s;ame do prejudice or hinder his Kings Right to the Crown of <HI>England.</HI> All the Kings and Potentates, which acknowledge <HI>England</HI> a Republick, do in effect the &s;ame thing: But indeed neither any of tho&s;e Kings and Potentates, nor we our &s;elves, but the Kings ow<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> evill Councellors, or Proceedings, are the cau&s;e of all this. When the <HI>An&s;erer,</HI> the re&s;t of his partners, the <HI>Scots</HI> and Cove|nanters, have hurried their Waggon into precipices of ru|ine, it is pa&s;t our redre&s;s. To enter into <HI>alliance</HI> again&s;t tho&s;e that go about to ruine our <HI>Commerce,</HI> and bereave us of our <HI>Freedom,</HI> as much as in them lies, is both nece&s;&s;ary and com|mendable. If &s;ome will needs live under a <HI>King,</HI> let them; as for our parts, we are re&s;olved by Gods help, to maintain our <HI>Freedom.</HI></P>
<PB N="32" REF="20">
<P>A League with <HI>England</HI> will not bring us into a Labyrinth, nor make us &s;ubjects of Depradation and Slavery; but free and &s;ecure us from both.</P>
<P>The Re&s;olutions of <HI>Neutrality,</HI> which he mentioneth, are limited with conditions; in ca&s;e the <HI>Scots, Iri&s;h,</HI> and o|ther Pirats, perform <HI>Neutrality to us al&s;o.</HI></P>
<P>All the former alliances are between the Nations; &s;o their Lord &s;hips the States under&s;tand it; &s;o al&s;o do all the Kings and Potentates under&s;tand it, that Treat here with the States upon the ancient Treaties, as made in tho&s;e times under the name of the Duke of <HI>Burgundy,</HI> and <HI>Austria.</HI> The <HI>An&s;we|rer</HI> him&s;elf implies as much above, where he takes the Trea|ty vvith Duke <HI>Philip, Anno</HI> 1495. as made with their Lord|&s;hips the <HI>States;</HI> and &s;o likewi&s;e the renued Treaty with <HI>Scotland,</HI> in <HI>Anno</HI> 1594. which Queen <HI>Mary</HI> had made, as Governe&s;s in the <HI>Netherlands,</HI> and the King of <HI>Scotland</HI> notwith&s;tanding renued it with their Lord&s;hips <HI>Non populi propter Regem &s;ed Rex propter populu~.</HI> Kings &amp; Princes enter into Treaties, as Repre&s;enters of the People, for the peoples &s;ake. This Kings forefathers were contented with the Crown of <HI>Scotland.</HI> It grieves the <HI>Scots</HI> to &s;ee them&s;elvs involved in war about a quarrel that doth not concern them; but only for the Kings &s;ake, who by Pr. <HI>Rupert,</HI> and by other Pyratical &s;hips and other ways, plaguing and provoking the <HI>Engli&s;h,</HI> did force them at la&s;t, to fall with an Army into <HI>Scotland,</HI> for to prevent that Kings falling into <HI>England.</HI> Even &s;o did the great <HI>Gu&s;tave</HI> of <HI>Sweden;</HI> he came with an Army in|to <HI>Pru&s;&s;ia,</HI> and forced the King of <HI>Poland</HI> his Cou&s;en, to relinqui&s;h his preten&s;ions to the Crown of <HI>Sweden.</HI></P>
<P>To conclude, the <HI>Engli&s;h</HI> well knowing, that the <HI>Scots</HI> joyned with <HI>Engli&s;h</HI> Fugitives, and <HI>Malignants,</HI> &s;eek nothing but on the one &s;ide to ingage us again&s;t the parliament, or to make us &s;till &s;ubject to their depradations; and on the other &s;ide, to bring us again under the &s;ubjection of the Prince of <HI>Orange:</HI> Therefore they very lovingly came and invited us to mutual union, to prevent both the one and the other.</P>
<P>This, in effect, is the Sum and Truth of the Bu&s;ine&s;s.</P>
</DIV1>
</BODY>
</TEXT>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB N="33" REF="20">
<HEAD>AN ADDITIONALL REPLY TO All the pretended Arguments, fal&s; In&s;inua|tions and Slanders, &s;et forth in the Printed An&s;wer OF <HI>MACK-DONNELL</HI> the <HI>Scoti&s;h</HI> RESIDENT, To the Propo&s;itions of the Amba&s;&s;adors of the Common-wealth of <HI>ENGLAND; Pre&s;ented at the</HI> Hague, <HI>March</HI> 30/20. 1651:</HEAD>
<DIV2 TYPE="chapter">
<HEAD><HI>CHAP. I.</HI> The Nece&s;sity, Nature, and &s;everal Forms of Amba&s;&s;y, &s;tated.</HEAD>
<P>_IT being impo&s;&s;ible to pre&s;erve Intercour&s;e and A|mity betwixt Nations, for their mutual weal and &s;afety, without the intervention of &s;uch a per|&s;on, or per&s;ons, that may repre&s;ent the &s;en&s;e of either, &s;o as to beget a right under&s;tanding betwixt them: And becau&s;e if the Supremacy be delegated or inve&s;ted in one <HI>&s;ingle Per&s;on</HI> (whether a <HI>King, Duke,</HI> or <HI>Emperour</HI>) it were for many rea&s;ons mo&s;t inconvenient that he &s;hould quit his Charge at home to treat per&s;onally abroad in <HI>for&agrave;in Parts;</HI> Or if the Supremacy be intru&s;ted in the hands of <HI>divers Per&s;ons,</HI> it were ab&s;urd to imagine they &s;hould all undertake a Voiage upon the like occa&s;ion: Therefore it mu&s;t needs be obvious to every mans rea&s;on, how great a nece&s;&s;ity lies upon the Nations of the world, to make choice of &s;ome intermedial Per&s;on or Per&s;ons, to be commi&s;&s;iona|ted with full Power, and &s;ent abroad with &s;uch Iu&s;tructions,
<PB N="34" REF="21">as may inable them, on the behalf of their re&s;pective Coun|tries, to confer and debate with forain States and Princes, of &s;uch matters as tend to mutual Commerce and Communi|cation. <HI>Without &s;uch a cour&s;e as this,</HI> &s;aith <HI>Petrus Aerodius</HI> (an old Author) <HI>no League can be made, nor any thing de|termined touching Peace or War; Enmities would prove im|mortal; Murthers, Violence, and Treachery, would perpetu|ally alarm the world with new Combustions.</HI> Hence it is, that in regard of the nece&s;&s;ary u&s;e of &s;uch Mini&s;ters, and in re|gard they repre&s;ent the Maje&s;ty of the State that &s;ends; them, a kind of <HI>&s;anctity</HI> hath been annexed to their Per&s;ons; they have in all Ages and Nations been had in &s;pecial Veneration, indulged with large Priviledges and Immunities, even among the <HI>Heathen,</HI> and &s;ecured from the reach of <HI>violation,</HI> by as high a reverence as they paid to their very Gods and Tem|ples, as may be &s;een in an Epi&s;tle of King <HI>Philip</HI> the <HI>Mace|donian,</HI> to the people of <HI>Athens. A Legat</HI> or <HI>Amba&s;|&s;ador</HI> is</P>
<P><LABEL>Sanctum populis per &s;aecula nomen:</LABEL></P>
<P>As for the &s;everal Forms of <HI>Amba&s;&s;y,</HI> or <HI>Amba&s;&s;adors,</HI> though they pa&s;s by divers names, yet they are &s;pecifically one and the &s;ame <HI>Office</HI> or <HI>Function,</HI> having all the &s;ame rea|&s;on, aim, or end; which is, to tran&s;act affairs abroad, for the good of the Common-wealth, according to the directions of tho&s;e that &s;end them. In ancient time, a <HI>Legat</HI> or <HI>Am|ba&s;&s;ador,</HI> many times pa&s;&s;ed under the name of an <HI>Orator;</HI> according to that of <HI>Virgil</HI> 11. <HI>Aeneid.</HI></P>
<P><LABEL>J&aacute;mque Oratores aderant ex urbe Latin&acirc;.</LABEL></P>
<P>And he u&s;ually retained this name, either from the nature of his imploiment, in ca&s;e he were &s;ent to de&s;ire or depre|cate any matter, or el&s;e from his <HI>Eloquence,</HI> which is the prime requi&s;it and glory of an <HI>Amba&s;&s;ador.</HI> The other u&s;u|al name of old, was that which the <HI>Pope</HI> &s;till retains, <HI>viz.</HI> the <HI>Nuntio,</HI> which in <HI>Engli&s;h</HI> is a <HI>Me&s;&s;enger,</HI> according to that of <HI>Livy, lib.</HI> 34. <HI>Rhodios Nuntios in Orbe terrarum ar|bitria belli paci&s;que agere,</HI> which was &s;poken in contempt of the <HI>Rhodians,</HI> or rather indignation, that &s;o incon&s;iderable a people &s;hould be &s;o bu&s;ie and medling; for, tho&s;e u&s;ually
<PB N="35" REF="21">they called <HI>Me&s;&s;engers,</HI> that were &s;ent from &s;uch as either were not acknowledged Supream in power, or were but an inferiour Nation, or who came with &s;mall pomp about matters of the le&s;&s;er concernment; or for the delivery of &s;ome di&s;patches, about which they made no long &s;tay.</P>
<P>But tho&s;e old titles being antiquated, we have new a &s;uc|ce&s;&s;ion of new ones, which are thus divided, according to the pe&s;ent cu&s;tom of Nations, <HI>viz.</HI> the <HI>Agent,</HI> or <HI>Amba&s;&s;a|dor</HI> in ordinary, and the <HI>Amba&s;&s;ador</HI> extraordinary: both which, are one and the &s;ame in effect, differing only in pomp and &s;plendor, but equal in priviledge. The Agent or Am|ba&s;&s;ador in ordinary, is u&s;ually a per&s;on eminent for prudence; one that undertakes and performs the Amba&s;&s;y with le&s;s out|ward o&s;tentation; who if he be Commi&s;&s;ionated to re&s;ide with any <HI>Prince</HI> or <HI>Republick,</HI> is then called a <HI>Re&s;ident.</HI> But this <HI>R<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">&s;ident</HI> being for the mo&s;t part as a <HI>Spy,</HI> to pry into the Affairs of tho&s;e to whom he is &s;ent, it were far better if that cu&s;tom of <HI>Re&s;idence</HI> were rather exploded, then continued any longer, it tending more to the prejudice, then the be|nefit of Nations. But of all others, the <HI>Re&s;ident</HI> ought to be avoided, and not admitted in new and un&s;etled &s;tates and Commonweals, if they mean to be &s;afe, or pre&s;erve their re|putation. For this cau&s;e it was, and in this ca&s;e, that of old, Amba&s;&s;adors had a retinue a&s;&s;igned them by the State where they re&s;ided, under pretence of honour and re&s;pect to their Amba&s;&s;y, but really to keep an eye over them; and &s;o &s;trict|ly, that they could not &s;o much as drink, or do any other nece&s;&s;ary, but with the privity of the&s;e Attendants. <HI>Procop. l.</HI> 1. <HI>de Bello Goth.</HI> It was the &s;ame rea&s;on al&s;o, wherefore our <HI>Henry</HI> 7. cared &s;o little for their company here in <HI>Eng|land,</HI> at the beginning of his un&s;etled Government: And que&s;tionle&s;s, it was in him a mo&s;t notable point of Prudence; in all parallel ca&s;es mo&s;t worthy of imitation. Now he whom we call the extraordinary Amba&s;&s;ador, is (for the mo&s;t part) a Per&s;on of &s;ome higher rank and intere&s;t in the Common|wealth, and therefore a far greater &s;tipend and retinue is a&s;|&s;igned him, to uphold a Maje&s;tick Port, an&s;werable to his own Quality, and for the honour of his Nation. The for|mer
<PB N="36" REF="22">(according to the common acception) are &s;tyled <HI>ordina|ry Amba&s;&s;adors, Agents,</HI> and <HI>Re&s;idents;</HI> the later <HI>Extraor|dinary,</HI> &s;ent u&s;ually upon eminent and extraordinary occa&s;i|ons. Thus you &s;ee all the difference betwixt them is onely extrin&s;ecal and formal, in re&s;pect of <HI>Ceremony;</HI> but <HI>de Ju|re,</HI> according to the nature and end of the thing, they have the &s;ame intrin&s;ecal value, and an equal right to the &s;ame im|munities and priviledges. An example of the former wee have in the late Agencies of tho&s;e two Learned, but unfor|tunate Gentlemen, Doctor <HI>Dori&s;la,</HI> and Ma&s;ter <HI>Anthony A&s;hcam,</HI> the one mo&s;t barbarou&s;ly a&s;&s;a&s;&s;inated in <HI>Holland,</HI> the other in <HI>Spain.</HI> And of the later, in the late &s;olemn Am|ba&s;&s;y into <HI>Holland,</HI> performed by two Honourable per&s;ons, the one being Lord Chief Ju&s;tice of the Common Pleas, but both of the <HI>Parliamentary</HI> or <HI>Senatorian</HI> Order. Now if you would know the rea&s;on why we have thus briefly di&s;cu&s;|&s;ed the Point of Amba&s;&s;y under the &s;everal <HI>Forms,</HI> it is part|ly for Method &s;ake, as an Introduction to the other Chap|ters which follow; but e&s;pecially to let both the <HI>Dutch</HI> and <HI>Spaniard</HI> under&s;tand, that the <HI>Engli&s;h</HI> have as much rea&s;on to expect ju&s;tice and &s;atisfaction for the butcheries of their two Agents, as if they had appeared in as glorious and &s;o|lemn an Equipage, as the greate&s;t Amba&s;&s;adors in the world. And truly, their expectations might be the more heightned in this particular to hear from the <HI>Spaniard,</HI> in regard the matter hath been &s;o plainly laid open by a Doctor of their own, of no mean rank and abilities, by name <HI>Don Augu&s;tin de Hierro,</HI> Knight of the Order of <HI>Calatrava,</HI> and <HI>Fi&s;cal</HI> (or Attorney General) of the Councel Royal, in a <HI>Charge</HI> by him exhibited again&s;t the Murtherers of Ma&s;ter <HI>A&s;hcam;</HI> in which Charge, he thus determins it: <HI>That whether the per|&s;on &s;ent lately by the Parliament of</HI> England, <HI>was an</HI> Am|ba&s;&s;ador, <HI>an</HI> Agent, <HI>or</HI> Re&s;ident, <HI>as the Murtherers term him, or mo&s;t properly an</HI><NOTE N="*" PLACE="marg">Ma&s;ter <HI>A&s;hcam</HI> was <HI>verus Lega|ius.</HI></NOTE> Orator, (<HI>for, he came</HI> (&s;aith he) <HI>to deprecate Peace.) Or, whether he were all the&s;e, or any of the&s;e, it matters not; for, any of the&s;e may &s;tyle him a</HI> Legat, <HI>&amp; make him de&s;erv that title; and the &s;ame &s;ecurity is due unto all tho&s;e titles,</HI>
<PB N="37" REF="22">the &s;ame <HI>Priviledge,</HI> the &s;ame <HI>Immunity.</HI> And therefore, &s;ince the &s;ame Doctor hath al&s;o very clearly proved, that the <HI>Church</HI> cannot give <HI>&s;anctuary</HI> to the Murtherers of the mea|ne&s;t of <HI>Publick Mini&s;ters,</HI> (who are all equall in point of indemnity) the more highly it reflects upon <HI>Spain,</HI> that the <HI>Rights of Amba&s;&s;adors</HI> &s;hould receive &s;o high a violation, and yet that there &s;hould have been &s;o long a delay of ju&s;tice (up|on an unju&s;tifiable pretence) again&s;t Ma&s;ter <HI>A&s;cham</HI>'s Mur|therers.</P>
</DIV2>
<DIV2 TYPE="chapter">
<HEAD><HI>CHAP. II.</HI> That All Supream Powers in po&s;&s;e&s;&s;ion <HI>(Jure vel Injuri&acirc;)</HI> have a Right to &s;end <HI>Agents</HI> or <HI>Amba&s;&s;adors,</HI> to negotiate with Forain States and Princes.</HEAD>
<P>BEcau&s;e, upon peru&s;al of the Printed <HI>An&s;werer,</HI> &s;et forth by that <HI>Scot,</HI> who entitles him&s;elf the Lord <HI>Mac Don|nel,</HI> and Re&s;ident of the King of Great <HI>Britain;</HI> it appears he will not vouch&s;afe our late Amba&s;&s;adors at the <HI>Hague,</HI> to wear the &s;tyle of <HI>Engli&s;h Amba&s;&s;adors,</HI> but in his Title page di&s;dainfully calls them the <HI>Engli&s;h Amba&s;&s;adors [as they &s;tyle them&s;elves.]</HI> And in the beginning of his pretended An&s;wer, nick-names them <HI>Ab-Legats</HI> in the <HI>Diminutive,</HI> and calls them <HI>pretended Amba&s;&s;adors,</HI> as if they merited not the title of true Legats or Amba&s;&s;adors; it cannot be a|mi&s;s therfore, to &s;hew this <HI>Scot,</HI> and all the world, upon what frail terms, both his Lord&s;hip and the Re&s;ident&s;hip mu&s;t needs &s;tand, having &s;o aiery a foundation to &s;upport them, as his Ma&s;ter's King&s;hip of Great <HI>Britain;</HI> for we &s;uppo&s;e it will be a hard matter for him to prove his Re&s;ident&s;hip, till his young <HI>Ma&s;ter</HI> can make good the King&s;hip; it being a Maxim received by all <HI>Civilians</HI> and <HI>State&s;men,</HI> that the Right of Amba&s;&s;y in all Countries, as do all the other Rights
<PB N="38" REF="23">of <HI>Supremacy,</HI> ever follow &s;uch as are in po&s;&s;e&s;&s;ion. <HI>Hugo Grotius (lib.</HI> 2. <HI>de Jur. bel. cap.</HI> 18.) is very po&s;itive to this purpo&s;e, where he tells you, <HI>Reges qui bello &s;olenni victi, reg|n&oacute;que exuti &s;unt, cum alis Regni bonis &amp; jus Legandi per|diderunt,</HI> that is, <HI>Kings who &s;ubmit their Fortunes to the tri|all of a &s;et-war, and then are driven out of the kingdome by force of arms, as they forfeit all other right of &s;overaignty, &s;o al&s;o they lo&s;e the very right of</HI> Amba&s;&s;y. The rea&s;on to me is evident, becau&s;e the chief end of Amba&s;&s;ies (for the mo&s;t part) is to make Contracts; and it is ab&s;urd to imagin, that one man will contract with another, when it is not in the power of that other to make good the Contract, becau&s;e there is a third Power in po&s;&s;e&s;sion, which will hinder him from the performance. Now, all States and Princes mea|&s;ure the points of Amba&s;&s;y and Negotiation by convenience and <HI>Rea&s;on of State.</HI> They con&s;ider not what right or wrong is done to a <HI>Brother-Prince,</HI> in his title, in the great Revolu<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ions of Government, but how to frame them&s;elves after the motion of the <HI>Great Wheel,</HI> as may tend mo&s;t to the &s;ecurity of their own titles, and advantage of their own e&s;tates: For, if in &s;tead of receiving Amba&s;sies and Addre&s;|&s;es from Forain Powers, they &s;hould fir&s;t require &s;atisfaction touching the rights of tho&s;e which &s;end, then the whole time of Princes would be &s;pent in admitting mutual appeals to and from one another, to no purpo&s;e; &s;ince if that were admit|ted, there would be no end of di&s;pute in the world touch|ing titles; which were they all ravelled to their Originals, would puzzle the able&s;t head-pieces under Heaven to prove their equity and innocence in the Cradle. Very &s;uitable hereunto is that pa&s;&s;age of Cardinal <HI>D'O&s;&s;at</HI> in one of his E|pi&s;tles, who tells you, <HI>That Princes, when Amba&s;&s;adors are addre&s;t to them, never inform them&s;elves of the rights and titles of tho&s;e Princes from whom they are &s;ent; But whe|ther they have po&s;&s;e&s;&s;ion of the Forces and Power of tho&s;e places from whence the Amba&s;&s;adors are imployed. For, it would be an endle&s;&s;e task, and require an infallible true Hi|&s;tory of the world (which is not to be made by man) if all the Amba&s;&s;adors, before their Receptions, &s;hould be obliged fir&s;t
<PB N="39" REF="23">to prove clearly to the world, the ju&s;t right by which their ma&s;ters derive tho&s;e Titles and Jurisdictions, which they a&s;|&s;ume to them&s;elves.</HI></P>
<P>Thus far it &s;eems by <HI>rea&s;on of State,</HI> that the <HI>right of Am|ba&s;&s;y</HI> unque&s;tionably follows &s;uch only as are in po&s;&s;e&s;&s;ion; let us confirm it farther (as briefly as may be) by te&s;timonies of <HI>Writers,</HI> with the practi&s;es of States and princes, both ancient &amp; modern, who never u&s;ed to inquire who they were that &s;ent, but whether the &s;enders of an Amba&s;&s;age were inve|&s;ted with a Power to command the places from whence they &s;ent: In this ca&s;e, they always treat with the Power, but never di&s;pute it, well knowing few of their own Dominions have had an unque&s;tionable beginning, <HI>Re&s;pectu primae Cau&s;ae om|nia Imperia legitima e&s;&s;e concedo, &s;ed &s;i quer as de cau&s;is in|termediis, &amp;c.</HI> All Governments (&s;aith <HI>Bodin, l.</HI> 1. <HI>c.</HI> 6.) are lawful in re&s;pect of the <HI>fir&s;t cau&s;e,</HI> viz. <HI>God;</HI> but if we regard &s;econdary cau&s;es, mo&s;t Governments have had their founda|tion upon Force and Violence: which mu&s;t needs be granted, con&s;idering how from time to time the <HI>Sword</HI> hath given Law to all the world. Whereupon, the <HI>Civilians,</HI> weighing, that the cour&s;e of Government hath run altogether in this Chan|nel, have proportioned their Maxims more &s;uitable to the ne|ce&s;&s;ities and publick conveniencies of mankind, then &s;atisfa|ctory to the rea&s;ons of private and particular men; becau&s;e, will they, nill they, &s;uch mu&s;t be concluded within the rules of &s;ubmi&s;&s;ion, to what form of Government &s;oever &s;hall be ere|cted by tho&s;e that cary the <HI>Sword.</HI> For, in this ca&s;e, if a Par|liament, or Senate, that hath the <HI>Sword,</HI> &s;hall re&s;olve one way, and tho&s;e that are <HI>un-armed,</HI> re&s;olve another, then there can be no Government at all, but all will be left at ran|dom, to a continued &s;ucce&s;&s;ion of di&s;contents conte&s;ts, and confu&s;ions, which mu&s;t needs end in the ruine of the <HI>un|armed party.</HI> Wherefore, it is a <HI>Rule</HI> with them, <HI>That the ancient Maje&s;ty of a Kingdom or Commonweal, continues no longer, if it be changed either by a greater Power, or by con|&s;ent of the People:</HI> where you &s;ee, <HI>Force</HI> and <HI>Power</HI> are put in equall ballance with <HI>popular con&s;ent,</HI> in relation to Go|vernment. And as if it were the be&s;t pedigree of <HI>Supremacy,</HI>
<PB N="40" REF="24">they define the Supream Authority to be that which <HI>holds claim from God and the Sword; and therefore is as it were the Authour of its own Original, without dependance on any o|ther; &s;o that</HI> (&s;ay that) <HI>every Commonwealth, be it never &s;o &s;mall, which acknowledges no Superiour, but God and the Sword, hath a right of Maje&s;ty, or Political Supremacy.</HI> So &s;aith <HI>Be&s;oldus, de Juribus Maje&s;t. cap.</HI> 1. <HI>Arni&s;aeus, de Ma|je&s;t. cap.</HI> 1. and <HI>Cammonus de Maje&s;t. Di&s;put.</HI> 1. <HI>The&s;.</HI> 70.75. <HI>&amp;c.</HI> with many others.</P>
<P>Seeing therefore, that an uncontrolable Power of the <HI>&s;word,</HI> in plenary po&s;&s;e&s;&s;ion of any Nation, in&s;tates him or them who&s; <HI>Sword</HI> it is, w^t^h all the rights of Maje&s;ty, much more then may they be claimed by the Parliament of <HI>England,</HI> to whom God hath given a commanding Sword, which they lawfully hold in the behalf, and by con&s;ent of the people. And there|fore que&s;tionle&s;s, no State, or Prince, where he &s;eeth &s;uch an e&s;tabli&s;hed Power, can in rea&s;on que&s;tion tho&s;e rights, or pretend ground not to own the Power, as in all other rights, &s;o more e&s;pecially in the <HI>right of Amba&s;&s;y,</HI> which is one of the faire&s;t Flowers in the Garland of <HI>Maje&s;ty.</HI> For, (as it hath been ob&s;erved by the <HI>Oracle</HI> of our Laws, 4. <HI>In&s;tit. c.</HI> 26.) they, and none but they, who enjoy the rights of Ma|je&s;ty, or Supremacy, have a right of Amba&s;&s;y. <HI>It mu&s;t be from a Soveraign, to a Soveraign Power and Authority.</HI></P>
<P>Thus far now, our <HI>A&s;&s;ertion &s;tands unque&s;tionable;</HI> there|fore, for illu&s;tration, it mu&s;t needs be much more clear, if we con&s;ider, that the benefit <HI>of Amba&s;&s;y</HI> hath been often al|lowed, even to &s;uch as were not &s;olely Supream, nor in the plenary po&s;&s;e&s;sion of any Nation. Thus in a Nation divided by Civil War, where the <HI>Supream Power</HI> is in Controver&s;ie, both the Parties are allowed an equal right of Amba&s;&s;y, by <HI>Hugo Grotius, l.</HI> 2. <HI>c.</HI> 18. Thus in a popular divi&s;ion at <HI>Syra|cu&s;a,</HI> the one Party within the City &s;ent an Amba&s;&s;age to the other Party without, under the command of <HI>Andronodorus.</HI> The like was done by <HI>Caius Manlius,</HI> one of <HI>Catiline</HI>'s Fel|lows, to Q. <HI>Martins;</HI> and by <HI>Brutus</HI> and <HI>Ca&s;&s;ius</HI> to <HI>Lepi|dus</HI> and <HI>Antony, Livius, l.</HI> 14. <HI>Salu&s;t Catil.</HI> who give them that were &s;ent the name of <HI>Legats,</HI> which were the &s;ame that
<PB N="41" REF="24">we now call <HI>Agents</HI> and <HI>Amba&s;&s;adors.</HI> Al&s;o, according to this Rule, during the late Conte&s;t here betwixt King and Parliament, it was, that the <HI>Hollander</HI> made no &s;cruple to entertain <HI>Agents</HI> equally from both the Parties. Nor hath this Priviledge been allowed tho&s;e only, who in National &s;i|dings, have had &s;ome tolerable pretence to a formal Autho|rity; but hath been indulged al&s;o to meer <HI>Out-Laws,</HI> &s;uch as the <HI>Montaneers</HI> in the <HI>Alps,</HI> the <HI>A&s;&s;a&s;&s;ins</HI> of old, the <HI>Pickeroons</HI> in <HI>France,</HI> the <HI>Banditi</HI> in <HI>Italy,</HI> the <HI>Tories</HI> in <HI>Ireland,</HI> and the <HI>Mo&s;&s;e-Troopers</HI> in the Marches between <HI>England</HI> and <HI>Scotland.</HI> Q. <HI>Curtius, lib.</HI> 7. tels us of twenty thou&s;and &s;uch Fellows, that were got into a Body to make Head again&s;t <HI>Alexander</HI> the Great, and it came to a Fight, in which <HI>Alexander</HI> him&s;elf being wounded in the <HI>Forlorn,</HI> it came to a Parley. <HI>Itaque po&s;tero die mi&s;erunt Legatos ad Regem.</HI> Whereupon, the next day they &s;ent Amba&s;&s;adors to the King, who received them with all Ceremony, and cau&s;ed them to &s;it in his pre&s;ence. This were the more to be admired, but that we find <HI>Ce&s;ar</HI> him&s;elf, <HI>lib.</HI> 3. <HI>bell. civ.</HI> giving the like honour to tho&s;e <HI>Fugitives,</HI> that lurked in the Straits and Pa&s;&s;es of the <HI>Pyrenaean</HI> Mountains, and affirming it lawful. Yet que&s;tionle&s;s, the&s;e in&s;tances are not to bee drawn into cu&s;tom, but may be imitated and approved, only upon the like occa&s;ional accidents, and emergents of nece&s;|&s;ity.</P>
<P>How ever, in regard &s;ome have openly in Print indeavoured to abridge us in <HI>England</HI> of our right and intere&s;t in this particular, it is requi&s;it we &s;hould draw the Lines of <HI>Am|ba&s;&s;y,</HI> in its utmo&s;t Extent and Latitude, that our Inferences and Inductions may ari&s;e the more ea&s;ie: For, if they who upon the occa&s;ion of a <HI>National Rupture,</HI> can (at the mo&s;t) lay claim to no more but the name of a <HI>Party,</HI> have been, and are admitted into a participation of this right by States and Princes: and if &s;o bee, that an irregular number of <HI>Out-Laws,</HI> and <HI>Renegade</HI>'s, formed into a formidable Body, have been received likewi&s;e into the &s;ame Priviledge by the great|e&s;t Monarchs, then <HI>&agrave; minori ad majus,</HI> the Argument mu&s;t needs hold good as to tho&s;e in <HI>England,</HI> who are actually,
<PB N="42" REF="25">and ju&s;tly inve&s;ted with the Supream Power, and &s;etled in the Noble&s;t form. If &s;cattered Recollections of Fugitives, Male-Contents, and frighted Remnants, have a&s;&s;umed this honour to them&s;elves much more may this Noble Nation of <HI>England,</HI> who though &s;he grew old, crooked, and defor|med, under the pre&s;&s;ures and oppre&s;sions of &s;ucce&s;sive Ty|rants, yet having &s;haken them off, baffled them beyond re|covery, and &s;etled her &s;elf in the condition of a Soveraign <HI>Free State,</HI> &s;eems now to renue her Age again like the <HI>Ea|gle,</HI> under the &s;weet Influences of <HI>Liberty.</HI> She is now her &s;elf, in full po&s;&s;e&s;sion of her own; therefore let the world know in this ca&s;e &s;he under&s;tands, that <HI>Po&s;&s;e&s;&s;ion is more then eleven points of the Law.</HI> For, why was it, that the late King of <HI>England</HI> (as one ob&s;erves) having &s;worn a League with the King of <HI>Spain,</HI> expre&s;ly al&s;o as he was King of <HI>Portugal,</HI> did notwith&s;tanding receive divers Amba&s;&s;adors from the new King of <HI>Portugal,</HI> yet was not judged, either in <HI>Eng|land</HI> or <HI>Spain,</HI> to have broken his former Oath and League? Why was it (I &s;ay) but only to &s;hew that Contracts and Oaths made betwixt <HI>Political</HI> per&s;ons, are made in a <HI>Politi|cal</HI> &s;en&s;e, <HI>viz.</HI> with a <HI>tacit condition</HI> of holding their Po&s;&s;e&s;|&s;ions? The&s;e being gon, their Publick Relations and Con|cernments immediatly expire. How came it to pa&s;&s;e that the <HI>Spaniard</HI> being driven out of the <HI>&V;nited Provinces,</HI> and they by him declared Rebels, that yet they a&s;&s;uming to them&s;elves a <HI>right of Amba&s;&s;y,</HI> had their Amba&s;&s;adors &s;o readily recei|ved by <HI>Henry</HI> of <HI>France,</HI> and <HI>Elizabeth</HI> of <HI>England,</HI> but that both tho&s;e Princes well under&s;tood the lawfulne&s;s of the acti|on, and that they had <HI>Jure Gentium,</HI> a right &s;o to &s;end, the <HI>Spaniard</HI> being di&s;po&s;&s;e&s;&s;ed there? It was the &s;ame rea&s;on too, that moved the <HI>Hollander</HI> to entertain Agents and Am|ba&s;&s;adors from this State; before the death of the <HI>Tyrant,</HI> for that part which we then po&s;&s;e&s;&s;ed; and &s;ince his death, for the whole now in po&s;&s;e&s;sion; in this acknowledging <HI>po&s;&s;e&s;&s;ion</HI> a &s;ufficient ground for us to &s;end, as for them&s;elves to receive our <HI>Amba&s;&s;adors.</HI> The acknowledgements given us like|wi&s;e by the <HI>Amba&s;&s;adors</HI> and <HI>Agents</HI> of <HI>Spain, Portugal, Ve|nice, Florence,</HI> and <HI>Genoa,</HI> do declare the &s;ame.</P>
<PB N="43" REF="25">
<P>How then comes it to pa&s;&s;e, that the name of a King of <HI>Great Britain,</HI> hath been &s;o rife among the <HI>Provinces,</HI> when they know the young <HI>Scot,</HI> is &s;o farre from having a Foot in the Noble&s;t part of <HI>Britain, England,</HI> that he is in a manner outed too in <HI>Scotland?</HI> What face too, (but that a <HI>Scot</HI> can face any thing) had this <HI>Scot,</HI> to deny our Em|ba&s;&s;adours the name of <HI>Engli&s;h Emba&s;&s;adours,</HI> and dubbe him&s;elf with a Title including a Right to <HI>England,</HI> where, his <HI>Ma&s;ter</HI> is never like to take the Air again, if (he have his due) unle&s;&s;e it be upon a <HI>Scaffold?</HI> But well may hee own the Title, when &s;ome of the <HI>Dutch</HI> have been &s;o for|ward to give it; yea, and under that name, doe more then give him Audience in their great <HI>A&s;&s;embly.</HI></P>
<P>Though they have many Bodies of <HI>Supremacy</HI> in the <HI>Ne|therlands,</HI> yet we can acknowledge but <HI>one Supream</HI> in <HI>Eng|land,</HI> which is the <HI>Parliament;</HI> who being &s;eated with full Power in the Peoples Right, can admit of no Competitor, nor permit any other Nation to impo&s;e one upon them, or di&s;pute their Title; but have rea&s;on to expect the &s;ame ac|knowledgements, that ever have been given to all Supream Powers in po&s;&s;e&s;&s;ion, according to the <HI>Cu&s;tom of Nations;</HI> which if any Nation &s;hall deny, or take occa&s;ion to prevari|cate in this point, they may in time under&s;tand, that <HI>Eng|land,</HI> e&s;tabli&s;hed in this new Form, &s;tands fully po&s;&s;e&s;t, not only by <HI>Right of Warre,</HI> but al&s;o according to the Right of Nature, and the ancient Laws and Cu&s;tomes of the Nation, being eminently adorned with all the Rights and Priviledges of the People; And that &s;he may now have as great abilities as ever, to a&s;&s;ert her own Independency upon other Powers, and make her &s;elf as con&s;iderable, either in enmity, or friend|&s;hip, as the proude&s;t of her enemies.</P>
</DIV2>
<DIV2 TYPE="chapter">
<PB N="44" REF="26">
<HEAD><HI>CHAP. III.</HI> That Contracts and Alliances made betwixt <HI>States</HI> and <HI>Princes,</HI> doe not relate &s;ingly and per&s;onally to them&s;elves; but are made <HI>Jure Populi,</HI> in the behalf, and for the be|nefit of the People.</HEAD>
<P>VVHere as it hath been alledged by the <HI>Re&s;ident</HI> of the King of <HI>Scots,</HI> that the ancient and &s;ucce&s;&s;ive Con|tracts and Friend&s;hips betwixt <HI>England</HI> and the <HI>&V;nited Pro|vinces,</HI> were made between them and the &s;ucce&s;&s;ive Kings of <HI>England,</HI> and not with <HI>England</HI> otherwi&s;e con&s;idered; wher|by he &s;eems to affirm, that the validity of &s;uch <HI>Contracts</HI> de|pends upon, and expires with the per&s;ons of the Kings of <HI>England,</HI> or with the <HI>Kingly Government,</HI> excluding the intere&s;t of the People from being Principal in them; ther|fore it cannot be inexpedient in that point, to manife&s;t the ig|norance of this <HI>Scot,</HI> with the ab&s;urdity of his <HI>Pretence,</HI> which &s;o highly reflects upon the Maje&s;ty and main Concern|ments of the People.</P>
<P>For, without que&s;tion, it is to be under&s;tood, that as all the acts of Government ought to tend; &s;o <HI>Governours</HI> them|&s;elves, (by what names on titles &s;oever they be called) are ere|cted and intended only for the behalf and benefit of the peo|ple. Even <HI>Kings</HI> them&s;elves (notwith&s;tanding all their flou|ri&s;hes) can arrogate nothing to their Per&s;ons or Families, &s;e|parate from the Peoples Intere&s;t: For, a <HI>King</HI> is no more but a Creature of the People, by them created for their good; He is their &s;ervant, for which they give him a Sala|ry, or Revenue, adorning him with &s;plendid Titles of Ma|je&s;ty, and with all the Immunities, Priviledges, and Prero|gatives of Government, which are no way inherent in his own Per&s;on or Family, but Ornaments be&s;towed upon him, as the Peoples <HI>Livery,</HI> in reward of his &s;ervice.</P>
<PB N="45" REF="26">
<P>The truth of this very evidently appears in the <HI>Coronation-&s;olemnities</HI> of Kings, which all the world over are the &s;ame in &s;ub&s;tance; and here in <HI>England</HI> the cu&s;tome was thus. Fir&s;t, the agreement was made between the people and him that was to be entertained as their King: he was made acquainted with the work and &s;ervice of the Commonwealth, which was to regulate him&s;elfe and his Charge according to &s;uch Lawes, (that is, &s;uch Rules and Direction) as were or &s;hould be ap|pointed by the people; and for the true performance of this an <HI>Oath</HI> was given him. Then the peoples con&s;ent being asked, and had (which in old time here was wont to be demanded thrice) he was immediatly taken into the &s;ervice, and his <HI>Li|very</HI> given him, <HI>viz.</HI> The <HI>Royall Robes,</HI> the <HI>Sword,</HI> the <HI>Ring,</HI> the <HI>Scepter,</HI> and the <HI>Crown.</HI> This hath been the manner of admi&s;&s;ion in <HI>England,</HI> mo&s;t &s;olemnly performed in receiving all the <HI>Kings</HI> and <HI>Queens</HI> from the days of <HI>Edward</HI> the Con|fe&s;&s;or, and long before: So that you &s;ee the relation wherein a <HI>King</HI> &s;tands to the <HI>Commonwealth,</HI> or <HI>Kingdom,</HI> is the &s;ame with that of a <HI>Servant</HI> to his <HI>Ma&s;ter;</HI> onely here is the diffe|rence betwixt <HI>Kings</HI> and <HI>privat Servants,</HI> That tho&s;e <HI>pub|lick honorary Servants</HI> having great honour confer'd upon them by the &s;ervice, are nece&s;&s;itated to maintain a large reti|nue, and hold many in pen&s;ion and imployment, for which purpo&s;e they are allowed an extraordinary proportion of wages for their pains and expence in the performance of their duty, with a &s;urplu&s;age of Sub&s;idies or Supplies (many times) upon emergent occa&s;ions of nece&s;&s;ity.</P>
<P>This will further appeare if we con&s;ider, that Kings <HI>hold</HI> not the po&s;&s;e&s;&s;ion of a <HI>Kingdom</HI> by the &s;ame right as <HI>privat men</HI> doe their <HI>patrimonies.</HI> But yet it is not meant, as if Kings might not have po&s;&s;e&s;&s;ions as other men have; for that is al|lowable, and hath been known here in <HI>England,</HI> as may be &s;een in the time of <HI>Henry</HI> the fourth, who from the Title of Duke of <HI>Lanca&s;ter,</HI> arriving to that of a <HI>King,</HI> enjoyed &s;till an inheritance in his own rights, as Duke of <HI>Lanca&s;ter,</HI> di&s;tinct from that of the <HI>Crown;</HI> and fearing the return of <HI>Lex talio|nis</HI> upon him&s;elf and Family, that as he had di&s;po&s;&s;e&s;&s;ed others of the Kingdom, &s;o his heirs might in time be di&s;po&s;&s;e&s;&s;ed
<PB N="46" REF="27">again, therefore out of a prudent foreca&s;t he &s;o ordered the matter, as to keep the Revenues of his <HI>Dutchie</HI> entire, and &s;etled them in &s;uch a way, as might pre&s;erve them di&s;tinct from tho&s;e of the <HI>Crown,</HI> that in ca&s;e any <HI>new Turn</HI> &s;hould happen, his po&s;terity might (if they lo&s;t the <HI>King&s;hip</HI>) know where to lay claim unto their <HI>ancient Patrimony.</HI> So then, we doe not deny but <HI>Kings</HI> may have po&s;&s;e&s;&s;ions of their own, as well as other men, by inheritance or purcha&s;e; but tho&s;e which they hold in the right of the Kingdom, or King&s;hip are none of their own: The Patrimony of the <HI>Publick Exchequer</HI> is one thing, that of the <HI>Prince</HI> another, <HI>Henry</HI> the fourth held the Dutchy of <HI>Lanca&s;ter,</HI> as he was <HI>Henry,</HI> but the revenues of the Crown as he was the King, or publick &s;ervant of the Kingdom, not out of any peculiar propriety that he had in them. Nor can it in rea&s;on be imagined, that Kings &s;hould have any thing of <HI>Propri<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ty</HI> in what concerns the Kingdom, &s;eeing in the fir&s;t place the Regall dignity is no more but a <HI>Function,</HI> or <HI>Office,</HI> and he him&s;elf is but <HI>&s;upremus officiarius,</HI> the highe&s;t Officer of the Kingdom, and you known, an Officer hath no right to what he is intru&s;ted with for the benefit of another. Be&s;ides, we know, that if any man be inve&s;ted with a <HI>Propriety,</HI> he hath a power to alienate or &s;el away his right; but Kings have no &s;uch power as to alienate any part of the <HI>publick Revenue.</HI> Kings that have endevoured it in <HI>England,</HI> have been re&s;trained; and not onely in that, but even in their immoderate expences, by Parliament. Nor is it &s;o onely in <HI>England,</HI> but many laws have been made and renewed again&s;t it in <HI>Poland, Hungary, Scotland, France, Spain,</HI> and the <HI>Em|pire;</HI> for we read what <HI>Wence&s;laus</HI> the Emperour, <HI>Malcolm</HI> of <HI>scotland,</HI> and <HI>Henry</HI> the &s;ixth of <HI>France,</HI> &s;uffered by at|tempting it, and what mi&s;eries they brought thereby upon them&s;elves and the people. Innumerable te&s;timonies might be produced again&s;t this power of <HI>Alienation</HI> in Kings, but that of <HI>Grotius, lib.</HI> 2. <HI>de Jur. bel. c.</HI> 6. may the better pa&s;s in&s;tead of all the re&s;t, in regard he is in mo&s;t other particulars a little too rank of the <HI>Royali&s;t. Patrimonium populi, cujus fructus de&s;ti|nati &s;unt, ad &s;u&s;tentanda reipub. aut regia dignitatis onera, &agrave; regibus alienari, nec in totum, nec in partem pote&s;t. The patri|mony
<PB N="47" REF="27">of the people</HI> (&s;aith he) <HI>who&s;e revenues are appointed to ea&s;e the burthens of the Commonwealth, and &s;upport the Recall dignity, cannot be alienated by Kings, either whole, or in part. Num &amp; in hoc jus majus fructuario non habent. For in this, (viz.</HI> the peoples publick Patrimony) <HI>they have no more then the right of an &V;&s;u-fructuary,</HI> who indeed receives the rents and profits, but hath no propriety in the lands.</P>
<P>Seeing now it appears that a King is no more but <GAP DESC="foreign">, the <HI>Ordinance of man,</HI> (a creature of mans making, as is to be inferred from the words of St. <HI>Peter;</HI>) &s;eeing he is but a &s;ervant to the people, bargains with them to doe their work according to Laws (or Directions) &amp; to that end wears their <HI>Livery,</HI> and receives <HI>wages</HI> from them; &s;eeing al&s;o that the right and propriety of the Kingdom remains in the people, not in him; and that the mo&s;t which can be made of him, is but an <HI>Officer,</HI> or an <HI>&V;&s;u-fructuary,</HI> one that hath no right in what he po&s;&s;e&s;&s;eth, &s;ave onely to receive the Profi<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">s, or Reve|nues, in lieu of &s;ervice to be done for &s;ome other, <HI>viz.</HI> the <HI>Community;</HI> then it may plainly be inferred, that the ends of <HI>Kingly Government,</HI> and con&s;equently all the acts of it, doe in no wi&s;e relate to the Per&s;on, King&s;hip, or Family of any King, but are terminated <HI>jure populi,</HI> in the right or behalf, and for the benefit of the people.</P>
<P>Thus far our <HI>A&s;&s;ertion</HI> &s;tands undeniable; and therfore for application of it to the pre&s;ent matter in que&s;tion between us the <HI>Scotti&s;h Re&s;ident,</HI> let us con&s;ider, that if Kings are not for them&s;elves, but for the people, if they be Kings <HI>publico ju|re,</HI> in the peoples right, not in any particular per&s;onall qualifi|cation of their own, then it merrily follows, That as the <HI>Of|fice,</HI> &s;o all the <HI>Acts</HI> of Government, and con&s;equently the making Peace or Warre, the allaying of enmities, the making Contracts and Alliances with forein States and Princes, are founded and concluded in the <HI>right of the people.</HI> It is they which treat, contract, &amp; confederate, only they agree that he &s;hal tran&s;act and &s;ign it: The power is originally, really, and <HI>fundamentally</HI> in them&s;elves; it is but <HI>Mini&s;terially</HI> in the <HI>King,</HI> as a <HI>Publick &s;ervant;</HI> it is for the publick benefit, not his own privat, that he is intru&s;ted to make a <HI>Contract;</HI> &s;o that
<PB N="48" REF="28">whether you con&s;ider the publick relation he &s;tands in, with|out which he can be no king, nor contract, nor do any other act of Government. Or whether you con&s;ider the publick end and &s;cope of the <HI>Contract,</HI> it mu&s;t needs follow, that his own particular, or the intere&s;t of his <HI>Family,</HI> cannot be &s;eparatly or &s;ingly concerned in the bu&s;ine&s;s, though it run in his name, &s;eeing all is done by the right, and for the good of the <HI>Com|munity.</HI></P>
<P>But our <HI>Scotch Re&s;ident</HI> alledges out of <HI>Grotius,</HI> l, 2. c. 16. <HI>That a league made with a King holds firm to him, though he be driven by his &s;ubjects out of the Kingdom: For the right of the Kingdom remains with him, though he have lo&s;t the po&s;|&s;e&s;&s;ion,</HI> according to that of <HI>Lucan</HI>
<Q><L>&mdash; Non unquam perdidit ordo</L>
<L>Mutato &s;ua jura loco.&mdash;</L></Q></P>
<P>To this I an&s;wer in the <HI>fir&s;t</HI> place; that if you con&s;ider what is &s;aid before, it mu&s;t be granted that the right and propriety of a Kingdom remains in the people alwayes, be the King in or out of po&s;&s;e&s;&s;ion. <HI>Secondly,</HI> it is much to be wondred that <HI>Grotius</HI> &s;hould &s;o farre forget him&s;elfe, as in this place to &s;et down a po&s;ition quite contrary to what he affirms in another, viz. <HI>c.</HI> 18. in that in&s;tance before cited, where he &s;aith, <HI>That Kings, who &s;ubmit their fortunes to the tryall of a &s;et-warre, and then are driven out by force of Arms, doe not onely lo&s;e the right of Amba&s;&s;y, but all other rights of Soveraignty.</HI> And if &s;o, then without que&s;tion al&s;o a King lo&s;eth all claim or pre|tence to any <HI>Forein Contracts</HI> or <HI>Alliances</HI> made with him, in the behalf of the Kingdom while he &s;tood po&s;&s;e&s;&s;ed: For by the &s;ame rea&s;on that he lo&s;eth or forfeits one right, he lo|&s;eth all.</P>
<P>Be&s;ides, in another place (<HI>viz lib.</HI> 1. <HI>cap.</HI> 18.) he enume|rates no le&s;&s;e then &s;even or eight ca&s;ts, wherein a King may forfeit, and be ju&s;tly driven out of his Kingly intere&s;t and Kingdom; As in ca&s;e a King a&s;&s;ume more to him&s;elfe then of right belongs to him: Or in ca&s;e he infringe tho&s;e lawes that he was &s;worn to: Or incroach upon the Senaticall part and right of the people: Or if he relinqui&s;h the Helm of go|vernment: Or give over the protection of the people: Or
<PB N="49" REF="28">make warre again&s;t them: Or behave him&s;elfe as a Tyrant or publick enemy of the Nation. In all the&s;e <HI>Ca&s;es, Grotius</HI> grants, that a King may ju&s;tly be deprived; and not any of the&s;e, but might be verified upon the late King of <HI>England,</HI> and his Son the <HI>Young Pretender;</HI> who not onely lo&s;t all Right, as being the Son of &s;uch a <HI>Father;</HI> but by tracing him actually in the &s;ame &s;teps of enmity, hath made the for|feiture compleat, both for him&s;elf and the whole family: whereby, as he lo&s;es all other intere&s;ts, &s;o without que&s;tion, his intere&s;t in all tho&s;e forein leagues and contracts, that were made with his <HI>Father</HI> while he was in po&s;&s;e&s;&s;ion.</P>
<P>But to return where we left; the rights and acts of Go|vernment (as we have proved) being properly the intere&s;t and acts of the <HI>Community</HI> or <HI>People,</HI> and relate no farther to the <HI>King,</HI> than as a <HI>delegated Per&s;on,</HI> a <HI>Deputy</HI> or <HI>Tru&s;tee,</HI> to treat and tran&s;act in their behalf; then, without que&s;tion, when this Officer the <HI>King,</HI> &s;hall either for male-admini&s;tra|tion, or treachery in his tru&s;t, be put to death, or bani&s;hed, with his whole family, the Treaties, Contracts, and Alliances, made in his name with any <HI>Forain State,</HI> mu&s;t needs continue in full force and power, to all intents and purpo&s;es, as long as the People and Community are in being, who&s;e Contracts they are. To this accords that of <HI>Grotius</HI> likewi&s;e, l. 2. c. 15. <HI>Si cum Rege contractum &s;it, non &s;tatim per&s;onale erit cen&s;en|dum foedus,</HI> i.e. If a League be made with a King, it mu&s;t not be pre&s;ently looked upon as a <HI>per&s;onal League.</HI> For, as he &s;aith in the &s;ame place, after <HI>Pedius</HI> and <HI>&V;lpian, plerumque per&s;ona pacto in&s;eritur, non ut per&s;onable pactum fiat, &s;edut de|mon&s;tretur cum quo pactum e&s;t.</HI> The per&s;on of the Prince is u&s;ually mentioned in the League, not that the League &s;hould become per&s;onal, but only to &s;hew with whom it was made. But it may be objected, that the League with <HI>Holland,</HI> ex|tends not only to the King, but to his Succe&s;&s;ors al&s;o. 'Tis true, it doth hold, as to the &s;ucce&s;&s;ion; that is, as long as the &s;ucce&s;&s;ion holds; for, <HI>Leagues</HI> mu&s;t hold to the per&s;ons of Princes and their &s;ucce&s;&s;ors, as all other <HI>Political Compacts</HI> between them do, <HI>viz.</HI> with a tacit condition of <HI>holding their po&s;&s;e&s;&s;ions.</HI> If the King of <HI>Scots</HI> can with the peoples con|&s;ent, make good his &s;ucce&s;&s;ion in <HI>England,</HI> then he may lay
<PB N="50" REF="29">claim to the Treaties made betwixt <HI>England</HI> and <HI>Holland;</HI> but in the mean time, Hee and his Family being driven out for their Tyranny, all the Right to tho&s;e Contracts is to be ex|erci&s;ed by another Succe&s;&s;ion and Form of Government, that is e&s;tabli&s;hed in the Right, and by Authority of the people.</P>
<P>Nor can this <HI>Alteration of Government</HI> any whit alter the Ca&s;e, it being a right naturally inherent in all Nations, to alter their re&s;pective Governments (upon occa&s;ion) into what form they plea&s;e. As long as the people remain the &s;ame <HI>&s;pecifical</HI> (I do not mean the &s;ame <HI>individual</HI>) people of <HI>England,</HI> that they were when the right of Treaty was u&s;ed, and the Treaty with <HI>Holland</HI> made and ratified by the King in their behalf, &s;o long the effects of the <HI>Treaty</HI> or <HI>Trea|ties</HI> are in force, to the &s;ame ends and purpo&s;es that they were at fir&s;t intended: <HI>Seneca</HI> &s;aith, by way of compari&s;on, <HI>Manet idem flumen, aqua tran&s;mi&s;&s;a e&s;t,</HI> the River remains the &s;ame, though the water pa&s;s away; and <HI>Ari&s;totle</HI> 3. <HI>lib. Pol c.</HI> 2. traceth him in the &s;ame quaint way of allu&s;ion, like|ning the People to a River which retains its old name, and is &s;aid to be the &s;ame that it was long &s;ince, though a continued &s;ucce&s;&s;ion of new waters doe flow in the Channel; &s;o the People that is now, is the &s;ame <HI>in &s;pecie,</HI> that it was an hun|dred or perhaps a thou&s;and years &s;ince, and is &s;o called and reputed; except it lo&s;e the name and e&s;timate of a Nation, by being captivated and caried away from their Countrey, as the <HI>Jews</HI> were all in time from <HI>Jeru&s;alem,</HI> and the <HI>Holy Land;</HI> or in&s;laved in their own Countrey by &s;ome Forain Power, that holds them in Va&s;&s;alage, as the <HI>Olynthians</HI> were under <HI>Philip,</HI> the <HI>Thebans</HI> under his &s;on <HI>Alexander,</HI> the <HI>Ca|puans</HI> under the <HI>Romans;</HI> or as the old <HI>Britains</HI> were un|der the <HI>Saxons,</HI> the <HI>Saxons</HI> under the <HI>Danes,</HI> and afterwards under the Tyranny of the <HI>Norman</HI> Conquerour: When their National Power and Authority is once extinct, they no longer retain their former intere&s;t, priviledge, or dignity. But none of the&s;e exceptions (ble&s;&s;ed be God) can be verifi|ed upon the people of <HI>England,</HI> who are &s;eated <HI>pleno Jure,</HI> in their own fortunate I&s;land, and e&s;tabli&s;hed now in a grea|ter mea&s;ure of Honour, Power, and Freedom, then ever we
<PB N="51" REF="29">enjoyed for many hundred years before;
<Q>Foelices nimi&ugrave;m, bone &s;i &s;ua n&ocirc;rint.</Q> And therefore, of nece&s;&s;ity, they mu&s;t be accounted <HI>&s;pecifi|cally</HI> the &s;ame Nation or people, that they were, when the Treaties were made and concluded betwixt <HI>England</HI> and the <HI>Netherlands,</HI> though they be not the very &s;ame <HI>Individuall</HI> People and Government. <HI>No matter</HI> (&s;aith <HI>Grotius,</HI> l. 2. c. 9.) <HI>how the Nation be governed, whether by a King, or by ma|ny, or by the multitude: For, the people of</HI> Rome <HI>remained the &s;ame &s;till, in the various changes of Government, under Kings, Con&s;uls, and Emperours.</HI> When the former is ex|tinct, a new form ever &s;ucceeds, with power to govern, act, and tran&s;act, in and for the behalfe of the people; who being &s;till the &s;ame, not tied to Forms, nor altered by Time, over-look all <HI>Circumstances,</HI> and lay hold upon the <HI>Sub&s;tan|tials</HI> of their Intere&s;t and Government, as they &s;tand qua|lified, and related, both at home and abroad. And truly, it is very plea&s;ant to ob&s;erve in this particular, how even <HI>Prin|ces</HI> them&s;elves acknowledge as much in their Practi&s;es to|wards each other in the changes of Government: For, the Duke of <HI>Burgoin</HI> having concluded amity with <HI>England</HI> in the per&s;on of <HI>Henry</HI> the 6. no &s;ooner was <HI>Henry</HI> di&s;po&s;&s;e&s;|&s;ed, and <HI>Edward</HI> the 4. inve&s;ted, but he immediatly renues the &s;ame League with <HI>England</HI> in the per&s;on of <HI>Edward:</HI> Afterwards, <HI>Edward</HI> hapning to be driven out, it was &s;o brought about by <HI>Burgoin,</HI> that the Truce formerly conclu|ded betwixt him and King <HI>Edward,</HI> &s;hould in all things bee ratified and confirmed, the King's name onely changed to <HI>Henry.</HI> At length, <HI>Edward</HI> made &s;hift to recover all again, and then <HI>Henry</HI> was once more dethroned; which was no &s;ooner done, but <HI>Burgoin</HI> &s;ent again a &s;olemn Emba&s;&s;age, to renue the Treaty, and e&s;tabli&s;h a firm League with <HI>England</HI> in the per&s;on of <HI>Edward?</HI> It is to be ob&s;erved likewi&s;e that during all the&s;e Changes, <HI>Amba&s;&s;adors</HI> went to and fro, and all Forain Contracts and Alliances were kept entire, without the lea&s;t que&s;tion, on either &s;ide; which may &s;erve to inform us of the&s;e two particulars; That in National quarrels about Title to Government, Princes u&s;e not to di&s;pute who is in
<PB N="52" REF="30">the right, or wrong, but apply them&s;elves (without farther &s;cruple) to the parties in po&s;&s;e&s;&s;ion. And <HI>&s;econdly,</HI> that however the <HI>Governours</HI> of a Countrey may be changed, yet all the points of <HI>Alliance</HI> and <HI>Contract,</HI> being centred in the right and benefit of the people, continue unchangeable and entire under every alteration. It were endle&s;s to reckon up all the examples that might be derived from the practi&s;es of States and Princes to confirm this particular; we might &s;hew you how the matter of Government being in di&s;pute betwixt Queen <HI>Mary</HI> and her &s;on <HI>James,</HI> (or rather his Guardians) though <HI>Mary</HI> were dethroned, and her <HI>Sons Guardians</HI> got the better, yet the amity betwixt us and <HI>Scotland</HI> continued firm, notwith&s;tanding the depo&s;ition of the per&s;on of <HI>Ma|ry:</HI> But becau&s;e the <HI>Scotti&s;h Re&s;ident</HI> &s;eems to grant that Leagues may hold entire in State-Ruptures, though a parti|cular Prince be laid a&s;ide, but not &s;o, if the frame of Go|vernment be altered; therefore he may be plea&s;ed to con|&s;ider, that in the various revolutions of the <HI>Florentin</HI> Go|vernment, when the whole frame was changed, yet mo&s;t of their old Alliances and Contracts were renued &s;till, and re|tained in full force and vigour, as well with the States and Princes of <HI>Italy,</HI> as tho&s;e of other Nations. And as for the <HI>Hollanders,</HI> though of late they boggled with us in the main, yet they would gladly have renued &s;o much of the old Trea|ties with the people of <HI>England,</HI> as might have &s;erved their own turns, &amp; not have ingaged them too far; the rea&s;on why they kept off, &s;eems not to have been from any &s;trength of Argument u&s;ed by this <HI>Statizing Pretender;</HI> but they had a &s;tronger Argument of their own, who&s;e <HI>Premi&s;es</HI> and <HI>Con|clu&s;ion</HI> lay a long time in <HI>Scotland,</HI> from whence every Po&s;t they expected a re&s;olution.</P>
<P>I &s;hall clo&s;e all with the te&s;timony of that Learned <HI>Spani&s;h</HI> Doctor <HI>Don Augustin de Hierro,</HI> Atturney General of the Councel Royal in <HI>Spain,</HI> &amp;c. produced by him in his late <HI>Charge</HI> again&s;t the Murtherers of Ma&s;ter <HI>A&s;hcam;</HI> where in&s;i&s;ting upon the point of Friend&s;hip betwixt <HI>England</HI> and <HI>Spain,</HI> he proceeds thus: <Q>That <HI>England</HI> (&s;aith he) &s;hould be our Friend <HI>in &s;tatu quo nunc,</HI> and that Peace &s;hould bee
<PB N="53" REF="30">continued with her, proceeds from right; For, Peace is not only made with the <HI>King,</HI> but with the <HI>Kingdom</HI> al&s;o, and though the fir&s;t expires, the la&s;t remains. For, put ca&s;e, that Peace be concluded with a Country, without including the King, either b<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> carele&s;ne&s;s, or &s;ome other accident, yet the Peace &s;tands good; For, &s;o the <HI>Poli&s;h</HI> Ma|gi&s;trates an&s;wered the Emperour <HI>Ferdinand</HI> the &s;econd. <HI>Faltando el Ray, &s;e con&s;ervan con el Reyno, i. e.</HI> the King failing, yet Peace is to be con&s;erved with the kingdom. So <HI>Bodin</HI> holds, and urgeth a pregnant example to this pur|po&s;e, <HI>lib. de repub. cap.</HI> 4. <HI>fol.</HI> 63. where he alledgeth the An&s;wer which the Amba&s;&s;adors of <HI>France,</HI> made to <HI>Edw.</HI> the 4. King of <HI>England,</HI> de&s;iring aid from <HI>France</HI> again&s;t &s;ome ri&s;ing &s;ubjects of his, that had driven him out of po&s;|&s;e&s;&s;ion, and this de&s;ire he pre&s;&s;ed by vertue of the League between them; Which An&s;wer was, that the <HI>King of</HI> France <HI>could not help him, in regard the confederations be|twixt</HI> France <HI>and</HI> England, <HI>were made betwixt the Kings and Kingdoms, &s;o that though King</HI> Edward <HI>was di&s;po&s;&s;e&s;&s;ed therof, yet the league &amp; amity remained &s;til with the kingd. &amp; with the King Regnant.</HI> Ju&s;t &s;o, the Peace 'twixt the Kings and Kingdoms of <HI>Spain</HI> and <HI>England,</HI> though <HI>Charles Stuart</HI> the King be wanting, <HI>yet it may be kept intire with the Kingdom:</HI> And his Maje&s;ty him&s;elf in&s;inuates &s;o much unto us, continuing &s;till his Amba&s;&s;ador in <HI>England;</HI> For, when a Peace is e&s;tabli&s;hed 'twixt Kings and Kingdomes, People, Per&s;ons and Va&s;&s;als, though the King fail, and the Kingdom receive a differing Form of Government, yet the Peace holds good &s;till, becau&s;e it aimed principally at the people and per&s;ons of both Nations; and upon the&s;e terms the Peace was renued 'twixt <HI>Spain</HI> and <HI>England,</HI> in the year 1630.</Q> as the <HI>French Mercury</HI> relates it.</P>
<P>The <HI>Re&s;ult</HI> of all then, out of the foregoing rea&s;ons, te|&s;timonies, and examples, will be undeniably this; that <HI>Con|tracts</HI> made betwixt States and Princes, doe not relate &s;ing|ly and <HI>per&s;onally</HI> to them&s;elves, but are made <HI>Jure Populi,</HI> in the behalf, and for the good of the Community. Though Governors and their Families may fail, yet their Treaties are
<PB N="54" REF="31">as eternal, as the peoples intere&s;t, which is their <HI>moving cau&s;e,</HI> and their <HI>ultimate end.</HI></P>
<P>And therefore, as to our particular, it mu&s;t undeniably follow, that tho&s;e former Treaties made betwixt our <HI>Kings</HI> and the <HI>&V;nited Provinces,</HI> belong to us now of right, if we plea&s;e to claim, or renue them, having been ratified at fir&s;t, in re&s;pect only to the people of <HI>England.</HI> No King can lay any claim of this nature, but as he is an Officer of the people; For, that relation being once extinct, there remains no Foundation for any future pretences.</P>
</DIV2>
<DIV2 TYPE="chapter">
<HEAD>CHAP. IV.</HEAD>
<P>THE two former <HI>Chapters,</HI> being as the two <HI>Hinges,</HI> whereupon hangs the main of the Controver&s;ie; and having therein vindicated the principal points of the peo|ples intere&s;t in <HI>England,</HI> our de&s;ign in the next place is, briefly to refute all the petty fal&s;hoods and in&s;inuations, which lie &s;cattered here and there, in the pretended An&s;wer of our <HI>Scotti&s;h Pretender.</HI></P>
<P>That which occurs in the fir&s;t place, is this; where hee tells the States of the <HI>&V;nited Provinces,</HI> that <HI>the Predece&s;|&s;ors of the pre&s;ent Governours in</HI> England, <HI>were very in|con&s;iderable in tho&s;e days when the Treaties were made; and that they had neither part nor participation, in any of the favours and friend&s;hip afforded to the</HI> Netherlands: This he &s;aith, <HI>by all circum&s;tances may &s;trongly be pre&s;umed.</HI> A very &s;trong pre&s;umption indeed, it mu&s;t needs be, till he can name tho&s;e <HI>Circum&s;tances.</HI> The Parliaments of <HI>Eng|land,</HI> which were the Predece&s;&s;ours of our pre&s;ent <HI>Gover|nours,</HI> were not &s;o con&s;iderable indeed, as now they are, and will be, we &s;hall ea&s;ily grant; becau&s;e their glory and freedom was eclyp&s;ed by tho&s;e unbounded Prerogatives, which <HI>Kings</HI> and their Hou&s;e of <HI>Peers,</HI> did u&s;urp unto them&s;elves, over the <HI>Commons,</HI> who naturally, really, and
<PB N="55" REF="31">properly, were to be e&s;teemed <HI>the Parliament;</HI> becau&s;e they only &s;ate, and repre&s;ented the people in their rights; whereas the <HI>Lords</HI> &s;ate only in their own rights, or rather by vertue of that pretended <HI>right,</HI> which Kings (forget|ting who&s;e &s;ervants they are, and for what end they were made) had arrogated unto them&s;elves, in and over the peo|ple: This was the rea&s;on, why the Commons of <HI>England</HI> became more incon&s;iderable then by right they ought to have been. Yet take them in their mo&s;t incon&s;iderable &s;tate, or in the lowe&s;t ebb of their Fortunes, and we never &s;ee them &s;o low, but we find them admitted as partners in enacting of Laws, and reputed as principal in granting <HI>Sub|&s;idies,</HI> and other Supplies, for the nece&s;&s;ities and &s;upport of the <HI>Crown,</HI> in&s;omuch that no <HI>Aid-monies</HI> could be required of the people, but by the <HI>Commons</HI> con&s;ent. In Queen <HI>Elizabeth</HI>'s time, they were brought low enough, as ap|pears by her &s;trange proceeding again&s;t <HI>Wentworth,</HI> that was one of their Members; which (perhaps) had not been &s;o tamely taken from a <HI>Prince,</HI> that had le&s;s influence up|on their affections: yet, as low as they were, the ancient Treaties betwixt <HI>Elizabeth</HI> and tho&s;e <HI>Provinces,</HI> were not made and renued; nor were the favours and &s;upplies, both of men and money, afforded unto that State, but in the behalf of the <HI>Community,</HI> out of the Pur&s;es of the <HI>Com|mons,</HI> in who&s;e name and right they were granted: &s;o that we leave the world to judge, how nearly tho&s;e <HI>Trea|ties</HI> did concern the the <HI>Commons;</HI> and whether they be|ing the undeniable <HI>Predece&s;&s;ors</HI> of the pre&s;ent Governours in <HI>England,</HI> did not both partake, and participate, yea, and were the <HI>Principall Party</HI> concerned in tho&s;e tokens of fa|vour and friend&s;hip, which were then &s;ont unto the <HI>Low-Country Provinces?</HI></P>
<P>But to fright them from our friend&s;hip, he tells them a &s;trange Tale, <HI>How big we are grown with mon&s;trous my&s;teries of enlarging our Trade and Power.</HI> 'Tis more then probable, that <HI>England,</HI> in this new form, will improve its &s;elf fat be|yond its wonted wealth and intere&s;t; fora&s;much as for the&s;e many hundred years, it hath continued labouring and &s;trug|ling
<PB N="56" REF="32">under the yoak of a <HI>Tyrant,</HI> &s;o that it could not po&s;&s;ibly arive to &s;uch a height and mea&s;ure of happine&s;&s;e, as it may now attain in a condition of <HI>Liberty.</HI> But why &s;hould <HI>Eng|lands</HI> happine&s;&s;e be counted an eye-fore to the <HI>Netherlands,</HI> as our <HI>Scot</HI> would have it? Surely the world is wide enough for them both; and que&s;tionle&s;&s;e, if <HI>England</HI> &s;hall thrive (as the enemies of it feare) in this new form the <HI>Dutch</HI> will then &s;ee it much more concerned them (both in honor and inte|re&s;t) to have &s;ettled with us in the relation of a friend, then remain in a &s;tate of neutrality. 'Tis but a crude &s;uppo&s;ition, that they &s;hall lo&s;e any thing by our <HI>Amity;</HI> but very proba|ble they may lo&s;e much without it. Yet in another place he alledges to the <HI>States,</HI> that <HI>their Lord&s;hips having no enemy at pre&s;ent, will by uniting with us, involve them&s;elves in a laby|rinth.</HI> But their <HI>Lord&s;hips</HI> may be plea&s;ed rather to con&s;i|der, it were a &s;trange <HI>Wild-goo&s;e-chace,</HI> to be led about by the way of <HI>Scotland,</HI> to &s;ettle an intere&s;t for them&s;elves in <HI>Eng|land,</HI> upon the uncertain favour of a &s;ubtile <HI>Tyrant</HI> and his followers, who in times pa&s;t at Court here were wont to dart the name of <HI>Rebell</HI> as freely at them, as they doe now again&s;t us; being men of oppo&s;ite principles to <HI>Freedom,</HI> &s;uch as ha|ted the very name of the <HI>&V;nited Provinces;</HI> And if the <HI>States</HI> plea&s;e to remember the carriage of King <HI>James,</HI> they will find that he him&s;elf was of the &s;ame humor and opinion, and the fir&s;t that &s;et an edge upon the tongues of the <HI>Courti|ers.</HI> In vain therefore doth this <HI>Re&s;ident</HI> tell them, that their <HI>Lord&s;hips have no Enemy at pre&s;ent:</HI> For, however, our <HI>Eng|li&s;h Fugitives</HI> and <HI>De&s;perado's</HI> (for pre&s;ent ends) may &s;eem to court them; yet if they had a while &s;ince regained po&s;&s;e&s;|&s;ion in <HI>England,</HI> and &s;hould the young <HI>Prince of Orange</HI> have lived to &s;ee it, it would have appeared to purpo&s;e, that they are the very wor&s;t of all their enemies. How much more &s;e|cure then had it been for their <HI>Lord&s;hips</HI> to have embraced the late offer of <HI>England</HI> in its pre&s;ent e&s;tabli&s;hment, as a &s;ure friend, then to depend upon the good will of a deceitful <HI>Ene|my.</HI> And whereas it is in&s;inuated, that a <HI>League</HI> with us would draw enmities upon them el&s;where, <HI>they having no ene|my at pre&s;ent;</HI> it will concern them to remember, what a
<PB N="57" REF="32">friend they have of the <HI>French,</HI> who onely gives faire words, but hates them mortally in heart, as appeares by the continu|all depredations made upon them at Sea, by tho&s;e of the <HI>French</HI> Nation. Al&s;o, it were worthy con&s;ideration, upon what tickli&s;h termes they &s;tand with <HI>Denmark</HI> and <HI>Sweden;</HI> and in manife&s;t di&s;content (e&s;pecially) with <HI>Portugall.</HI> Not a|ny of the&s;e will, or can, be more a friend or enemy, for the &s;ake of the King of <HI>Scotland:</HI> they are all &s;wayed by their own <HI>intere&s;t,</HI> and accordingly mea&s;ure both their love and hate, not out of re&s;pect to any &s;ingle Per&s;on or Family: Therefore it wil concern the <HI>States</HI> more rationally to weigh what advantages they might have reap't by an union with <HI>England;</HI> which had it been concluded upon &s;uch terms as were offered, would have rendred them &s;o con&s;iderable in the eyes of the world, that not any of all the <HI>Friendly Preten|ders</HI> round about, but would have been the more inclined to continue their <HI>Pretences,</HI> and the le&s;&s;e apt to break them. Mo&s;t ab&s;urd therefore is that affirmation of the <HI>Scoti&s;h Re|&s;ident,</HI> in &s;aying, <HI>The States may promi&s;e them&s;elves more pro|fit, repute, and &s;ecurity in Commerce,</HI> England <HI>abiding a Kingdom, then being transform'd into a Republick:</HI> For, as a <HI>Kingdom,</HI> the actions both of <HI>James</HI> and <HI>Charls</HI> will tell them, Kings were no cordiall friends, nor indeed can they be; whereas being in the form of a <HI>Republick</HI> the <HI>Provinces</HI> (had they embraced our offers) might have been admitted into a neerer union and complication of intere&s;ts, then ever they can hope for from a <HI>Monarchy.</HI></P>
<P>He tells us farther, there is a wide difference betwixt the <HI>Hollanders</HI> and us, in the <HI>manner of acquiring our Freedom,</HI> The <HI>Hollanders</HI> (&s;aith he) <HI>were a free people time out of mind but we in</HI> England <HI>have been under Soveraign Kings for a thou&s;and years, and were bound to them by oaths.</HI> Be&s;ides, he &s;aith, the <HI>K. of Spain after a tedious warre of</HI> 80. <HI>years, hath declared the Provinces free, &amp;c. But the ca&s;e is otherwi&s;e with us in</HI> England. To this we &s;ay, If the <HI>Hollanders</HI> have of old been a <HI>free people,</HI> &s;o have we been in <HI>England,</HI> and both they and we in the &s;ame manner. They were of old un|der <HI>Earls</HI> or <HI>Princes,</HI> but &s;uch as were limited by the laws. <HI>Auctoritas Principum er at plurimis pro libertate legibus re|petitis
<PB N="58" REF="33">definita,</HI> &s;aith the Author <HI>de Statu Belgii</HI> 1650. So were we in <HI>England</HI> under Princes called <HI>Kings,</HI> but &s;uch on|ly as were limited by lawes. It was a <HI>Politicall</HI> King&s;hip, not <HI>De&s;potick</HI> or <HI>Tyrannick,</HI> as may be &s;een in all our <HI>Law|books.</HI> Let one or two old in&s;tances &s;erve for all. <HI>Bracton l.</HI> 2. <HI>c.</HI> 16. <HI>Fletal.</HI> 1 <HI>c.</HI> 17. &s;ay, that the King of <HI>England hath the Law and the Parliament for his &s;uperiors; and therfore if the King have the reins loo&s;e, and be without a Bridle, they ought to bridle him:</HI> For (as <HI>Bracton</HI> &s;aith again, l. 3. <HI>c.</HI> 9.) <HI>The King can do nothing but what the Law permits him.</HI> Thus only, and with this <HI>limitation implied,</HI> wee we &s;worn to our <HI>Kings,</HI> as the <HI>Hollanders</HI> were fir&s;t to their Earls, and after|wards to the King of <HI>Spain;</HI> but finding the <HI>Spaniard</HI> to op|pre&s;&s;e them contrary to Law and Liberty, therefore they con|ceived them&s;elves acquitted of their former <HI>Oaths. Et Philip|pi, &s;imul &amp; omnium Principum Imperium ejuravere,</HI> and (as our former <HI>Author</HI> &s;aith) bound them&s;elves by a new Oath to abjure the Government not onely of <HI>Philip,</HI> but of all Princes for ever; which cour&s; exactly parallels our ca&s;e here in <HI>England:</HI> all the difference now then, is onely in a circum|&s;tance of Time; We have not had 80 years Warre to make good our <HI>Freedom;</HI> but (alas) this alters not the verity of the thing: For, as the Freedom of the <HI>provinces</HI> (being real|ly free from the very fir&s;t moment wherein they drave out <HI>Philip</HI>) did not depend upon the <HI>Spaniards</HI> acknowledge|ment; &s;o neither doth ours upon the acknowledge|ment and declaration of <HI>Charls,</HI> or any future Preten|der of the <HI>Family.</HI> Yet notwith&s;tanding this, the <HI>Re&s;ident</HI> &s;aith, our ca&s;e, in reference to the recovery of our <HI>Freedom,</HI> is no more like to the <HI>Hollanders,</HI> then <HI>Milk</HI> is like <HI>Ink.</HI> But for illu&s;tration, take this farther; were they oppre&s;&s;ed in matter of <HI>Religion?</HI> So were we; tied up to &s;trange forms and inno|vations. Were they crucified with an <HI>Inqui&s;ition?</HI> So were we with a <HI>High Commi&s;&s;ion.</HI> Were they &s;queezed with <HI>Im|po&s;itions?</HI> So were we; &s;uch as <HI>Ship-money, Privy-&s;eals, Coat and Conduct, Monopolies,</HI> and a thou&s;and other devices. Be&s;ides, the <HI>Prie&s;ts</HI> proclaimed at Court in their <HI>Sermons,</HI> that <HI>All was the Kings, no man had any propriety in what he po&s;&s;e&s;&s;ed:</HI> &s;o that the le&s;&s;e credit is to be given to the <HI>Declara|tion</HI>
<PB N="59" REF="33">of tho&s;e pious <HI>Mini&s;ters</HI> (as they are called) again&s;t the Parliament, who&s;e partiall te&s;timony is &s;o much applauded by the <HI>Re&s;ident of Scotland.</HI> Did <HI>Philip</HI> of <HI>Spain</HI> endeavour (through his Agent <HI>D'Alva</HI>) to &s;ettle his Tyrannies over the <HI>Provinces</HI> by force of Arms? &s;o did the late Tyrant <HI>Charls</HI> in <HI>England,</HI> fir&s;t plot a war, and then &s;et up his <HI>Standard,</HI> and put the Parliament upon the <HI>Defen&s;ive,</HI> as appears by the whole <HI>Series</HI> of his Councels and Actions; whereto more credit is to be given, than to his Po&s;thume Book of <HI>Meditations,</HI> which the <HI>Re&s;ident</HI> hath quoted with more af|fection than di&s;cretion.</P>
<P><HI>La&s;tly,</HI> are our Proceedings in <HI>England</HI> di&s;ta&s;ted by &s;ome of our neighbours, through the malice and mi&s;-repre&s;enta|tion of our <HI>Engli&s;h Fugitives?</HI> So were tho&s;e of the <HI>Hol|landers,</HI> through the malicious &s;ubtilty of the <HI>Spani&s;h</HI> A|gents and Mini&s;ters, who laboured to incen&s;e all <HI>Chri&s;tendom</HI> and draw the world about their ears, till <HI>Forain Princes</HI> came to have a right under&s;tanding of the bu&s;ine&s;s: So that you &s;ee Ma&s;ter <HI>Re&s;ident</HI> might have &s;pared his <HI>Milk</HI> and <HI>Ink</HI> too; for, <HI>nec Ovum ovo &s;imilius;</HI> one Egge cannot more exactly re&s;emble another, than the ca&s;e of <HI>England,</HI> in all particulars, doth that of <HI>Holland,</HI> in the manner of acquiring our <HI>Liberties</HI> and <HI>Freedoms.</HI></P>
<P>Now he rails at our judging and beheading the late King, and bani&s;hing his Family, calling it <HI>abominable violence, and &s;uch as the like was never heard of &s;ince the beginning of the world.</HI> Therfore, to rectifie the ignorance and malice of him|&s;elf, and his <HI>deluded party</HI> in this particular, &s;ome few In|&s;tances and Examples &s;hall be here in&s;erted, to &s;hew, it is no new thing, that Kings have been, and may be deprived or puni&s;hed with death, for their crimes in Government. We read of <HI>Amon</HI> King of <HI>Judah,</HI> that was &s;lain by a part of the people, <HI>becau&s;e he walked not in the way of the Lord;</HI> and though another part of the people were angry at it, and avenged his death upon tho&s;e that did it; yet without que&s;ti|on, the execution was ju&s;t, according to the Law of God, which was (without re&s;pect of per&s;ons) that the <HI>Idolater</HI> &s;hould die the death; and no doubt, the puni&s;hment had been inflicted by a Judicial Proce&s;s, had not &s;o great a party
<PB N="60" REF="34">of the people been addicted to his ways, &amp; oppo&s;ed it: which oppo&s;ition of their, is u&s;ually the cau&s;e, in all ca&s;es of this nature, why Kings are not to be attached, as well as other M<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">efactors, by an ordinary cour&s;e of Ju&s;tice.</P>
<P>Con&s;ider <HI>Ahab</HI> likewi&s;e, who though he were taken off him&s;elf by divine Ju&s;tice in the battel at <HI>Ramoth-Gilead,</HI> and &s;o e&s;caped puni&s;hment by man for his idolatry and cruelty; yet it was executed afterward to the full by <HI>John,</HI> upon his Queen and the whole Family, who were utterly rooted out, and a ble&s;&s;ing annexed to him and his heirs that performed the execution. But &s;ome may &s;ay, this fact was extraordi|nary, being done by immediate command from God, and &s;o not fit for ordinary imitation. Yet, for An&s;wer, it is &s;uffici|ent, I &s;ay, that it had a Legal ground, <HI>viz.</HI> the ground of Gods ordinary judgement, which commanded, that all offen|dors of the &s;ame nature, &s;hould die the death. Gods extra|ordinary command, being &s;uperadded to his ordinary Law, doth (as to us) rather confirm then weaken the equity and ju&s;tice of &s;uch a proceeding. In like manner we read, that the whole people took <HI>Amaziah</HI> King of <HI>Judah,</HI> and &s;lew him for his idolatry: whether they did it by a way of Judi|cial proce&s;s, or not, is not material, but done it was: and if it were done without proce&s;s, then much more are they to he ju&s;tified, that have the courage to imitate &s;uch noble acts of Ju&s;tice, by a &s;olemn and &s;erious proceeding. The like had been executed upon <HI>Joas,</HI> the father of <HI>Amaziah,</HI> by a part of the people, for his Murther and Apo&s;tacy. Profane &s;tories, both ancient and modern, are full likewi&s;e to the pur|po&s;e. <HI>Romultes,</HI> the fir&s;t King of <HI>Rome,</HI> was for his tyranny cut in pieces by the <HI>Senate;</HI> and <HI>Tarquin</HI> (their la&s;t King) was with his whole family, ca&s;hiered, the form of Govern|ment changed, by the &s;ame power, and upon the &s;ame oc|ca&s;ion. Many years after, <HI>Nero</HI> the <HI>Roman</HI> Emperour, was &s;entenced to death by the <HI>Senate;</HI> which was not <HI>primum damnati Principis exemplum,</HI> as the <HI>Re&s;ident</HI> alledges out of <HI>Suetonius.</HI> The <HI>Senate</HI> being afterward in time cowed down by <HI>Heliogabalus</HI> their Emperour, &s;o that they could not take the ordinary cour&s;e with him, u&s;ed means by corrupting the &s;oldiery, (upon who&s;e &s;trength he depended) to put him to death.</P>
<PB N="61" REF="34">
<P>The two famous changes made in the Royal line of <HI>France,</HI> depend upon two &s;uch noble pieces of Ju&s;tice; executed upon their Kings; the fir&s;t upon <HI>Childerick,</HI> the third King of <HI>France,</HI> who being judicially depo&s;ed by the Nobility and Clergy in Parliament, the &s;ucce&s;&s;ion was then cut off from the family of <HI>Pharamond,</HI> and confirmed to the race of <HI>Pe|pin,</HI> till <HI>Charls</HI> of <HI>Lorrain,</HI> the la&s;t of <HI>Pepin</HI>'s race, was in the like manner cha&s;ti&s;ed by Parliament, and the Crown tran|&s;lated to the &s;ucce&s;&s;ors of <HI>Hugh Capet,</HI> who hold the &s;ame to this day; though two of them likewi&s;e, <HI>viz. Lewis</HI> the third, and <HI>Charles le Gro&s;s,</HI> have been judicially proceeded again&s;t in Parliament. And though the people were &s;o tender to|wards them, as not to put them to death; yet they were bu|ried alive, being mued up within the melancholy walls of &s;ome Mona&s;tery, or el&s;e clo&s;ely confined within the Ca|&s;tle of <HI>Orleans.</HI></P>
<P>In <HI>Spain</HI> too we read of <HI>Suintila, Don Alon&s;on,</HI> the ele|venth, and <HI>Don Pedro,</HI> judicially proceeded again&s;t; the fir&s;t by the fourth National Councel of <HI>Toleao;</HI> the &s;econd by publick Act of the E&s;tates of the Realm in the Town of <HI>Validolid;</HI> the third, by the E&s;tates of <HI>Ca&s;tile,</HI> all for their Tyrannical Government.</P>
<P>The like proceeding al&s;o was had again&s;t <HI>Don Sancho</HI> the &s;econd of <HI>Portugal:</HI> al&s;o again&s;t <HI>Henry</HI> of <HI>Poland,</HI> that was King of <HI>France: Henry</HI> of <HI>Swethland: Chri&s;tiern</HI> of <HI>Denmark,</HI> and <HI>Wence&s;laus</HI> of <HI>Bohemia:</HI> as al&s;o <HI>Edward</HI> the &s;econd, and <HI>Richard</HI> the &s;econd of <HI>England.</HI></P>
<P>The&s;e la&s;t are mentioned by the <HI>Re&s;ident</HI> him&s;elf; but that which he mainly in&s;i&s;ts upon, is, that neither <HI>Chri&s;tiern, Wence&s;laus, Edward,</HI> nor <HI>Richard,</HI> were beheaded upon a <HI>Scaffold,</HI> as was the late Tyrant <HI>Charls.</HI></P>
<P>However, it is &s;ufficient they were judged more worthy of a <HI>Scaffold,</HI> than the <HI>Throne:</HI> and therefore it mu&s;t needs be more honourable (after the late Heroick Example of <HI>England</HI>) that the Judgements of God &s;hould be execu|ted in publick before all the world, than that they &s;hould be &s;tiffled in a Dungeon, or the Maje&s;ty of them be le&s;s'ned by paltry private A&s;&s;a&s;&s;inations, or poi&s;onings, acted upon <HI>Royall Tyrants</HI> and <HI>Offenders.</HI></P>
<PB N="62" REF="35">
<P>Even the practi&s;e of <HI>Scotland</HI> it &s;elf, will furni&s;h us with Examples enough of this nature; where no le&s;s than fif|ty of their Kings have been puni&s;hed with death; and the greate&s;t part of them by a <HI>&s;olemn Iudiciall Proceeding:</HI> as it is &s;et forth by <HI>Buchanan,</HI> their own Hi&s;torian, who af|firms it to be, <HI>More Majorum,</HI> according to the cu&s;tome of their Ance&s;tors: So that of all other men in the world, this <HI>Scot Re&s;ident,</HI> hath the lea&s;t rea&s;on to wonder at our Ca|pital Proceeding again&s;t a Tyrant, as a thing never heard of before in the world, &s;ince it hath been (from all Antiquity) the common practice of his own Country.</P>
<P>Whereas, he farther alledgeth, the <HI>Parliment</HI>'s <HI>mani|fold reiterated Oaths, and their Covenants, with above an hundred Parlimentary Declarations and Prote&s;tations, to protect the King's Per&s;on and Po&s;terity,</HI> &amp;c. This mu&s;t be under&s;tood, with that <HI>tacit Suppo&s;ition,</HI> which is naturally included in all tho&s;e Oaths and Prote&s;tations, <HI>viz.</HI> That he do not by any enormous crimes and continued Acts of Ty|ranny, deve&s;t him&s;elf of his Kingly capacity. And in the <HI>Covenant</HI> it &s;elf, as much as this comes to is implied by un|deniable con&s;equence, the whole &s;cope of it being qualified with this &s;pecial clau&s;e <HI>[In the pre&s;ervation of Religion and Liberty]</HI> to &s;hew, that if the King &s;hould proceed &s;o far, as to render him&s;elf an irreconcileable enemy to both, the Covenant did no longer oblige the Covenanters, in any relation to him; or his Po&s;terity.</P>
<P>But he &s;aith, <HI>The Laws of</HI> England <HI>favour Kings above the Laws of all other Nations;</HI> and for this he alledges the pa|ra&s;iticall maxims u&s;ed by Courtiers, <HI>Rex non moritur, Rex nulli facit injuriam:</HI> Whereto let us oppo&s;e others out of our old Laws more rationall and &s;ound; <HI>Non debet e&s;&s;e re|ge major qui&s;quam in exhibitione Juris; minimus autem e&s;&s;e debet in judicio &s;u&s;cipiendo, &s;i peccat. Rex habet &s;uperiores, Legem; per quam factus e&s;t Rex, &amp; Curiam &s;uam,</HI> &amp;c. <HI>Nihil aliud pote&s;t Rex, ni&s;i id &s;olum quod de Jure pote&s;t,</HI> &s;ay <HI>Bracton</HI> and <HI>Fleta.</HI> and whereas he is up again with his pious <HI>Di|vines</HI> in and about <HI>London,</HI> who&s;e <HI>Declaration</HI> he much boa&s;ts of in the behalf of the late <HI>Tyrant</HI> and his <HI>Cau&s;e;</HI> In An&s;wer to this, he mu&s;t give us leave to reply in &s;uch a &s;ence
<PB N="63" REF="35">as out own experiences have taught us; that tho&s;e whom he calls <HI>Divines,</HI> were the greate&s;t <HI>Carnali&s;ts, Formali&s;ts,</HI> and <HI>Fanaticks,</HI> that ever appeared in any Nation; <HI>Court para|&s;ites,</HI> Trumpets of Tyranny; the onely Patrons and Promo|ters of <HI>Slavery,</HI> both <HI>Spirituall</HI> and <HI>Tempporall.</HI> They were &s;uch (as mo&s;t of the &s;ame <HI>Tribe</HI> ever have been and are) men ignorant in the more nece&s;&s;ary and &s;olid parts of Learning (both <HI>Sacred</HI> and <HI>Civill</HI>) who make a Trade and Traffique of certain <HI>Set-forms,</HI> and <HI>maxims</HI> of <HI>Divinity;</HI> wherein be|ing Travell'd, as in a <HI>Road,</HI> they cannot out of their old way, but immediately they lo&s;e them&s;elves and their &s;ences. If a <HI>Truth</HI> (though never &s;o bright and glorious) come to cla&s;h with any of tho&s;e <HI>trading notions</HI> which they call <HI>Orthodox,</HI> then immediately like the men of <HI>Ephe&s;us,</HI> they grow &s;tark mad, and can &s;ing no other Tune to all the world, but <HI>Great is their Diana.</HI> Therefore, In tho&s;e high and weighty Controver&s;ies which ari&s;e concerning the Rights and Con|cernments of Commonweals and Kingdoms (where their motions are <HI>eccentricall</HI>) little regard is to be had to their fri|gid Conceptions, where in they are wont, even in <HI>Luce meri|dian&acirc;, toto coelo err are;</HI> and in this particular it might be made good (contrary to their Affirmations and Invectives) even as clear as the Sun, <HI>According to the holy word of God; the In&s;tinct of Nature; Right Rea&s;on; The Laws of all Nations,</HI> and par|ticularly of <HI>England;</HI> That <HI>Parliaments,</HI> or other <HI>Supream A&s;&s;emblies,</HI> have a Power of Juri&s;diction (both <HI>coercive</HI> and <HI>punitive</HI>) over their Kings, and of altering Forms of Go|vernment, according to the Publique exigents and Conveni|ences of their re&s;pective Nations, In the meantime this <HI>Scot</HI> may do well, &s;ince he often quotes <HI>William Prynn,</HI> to con&s;ult that great <HI>Scoti&s;er;</HI> in his Book entitled, <HI>The Soveraign power of Parliaments;</HI> as al&s;o his own Countriman <HI>Rutherford</HI> in his <HI>Lex, Rex:</HI> who will give him another Account, than the raw <HI>Pulpiteers</HI> of <HI>London.</HI> Next, he affirms, that the &s;aying of our <HI>Saviour</HI> which commands the paying of Tribute to <HI>Cae&s;ar,</HI> confirmeth and e&s;tabli&s;heth Lawfull Power. Herein we agree with him; For, though the means whereby that Power of the <HI>Cae&s;ars</HI> was gained were unlawfull, and the manner of its <HI>Acqui&s;ition</HI> unju&s;t; yet it being once e&s;tabli&s;hed beyond the
<PB N="64" REF="36">controll of any Publique Power, and having all Authority &s;eated within it &s;elf, it immediately became lawfull by way of di&s;pen&s;ation, having a right to the di&s;pen&s;ing of Ju&s;tice, and to the exerci&s;e of all Acts of Juri&s;diction concerning privat and particular Per&s;ons. But then (&s;aith he) &s;hould <HI>Da|vid</HI> have acquie&s;&s;ed in the u&s;urped power of <HI>Ab&s;olom,</HI> and <HI>Solomon</HI> in the power of <HI>Adonijah; Jehoiada</HI> in <HI>Athalia's,</HI> and the <HI>Machabees</HI> in the power of <HI>Antiochus Epiphanes.</HI> Alas, the ca&s;e of the&s;e is far different; for neither <HI>Ab&s;olom,</HI> nor <HI>Adonijah,</HI> were ever &s;eated in a plenary po&s;&s;e&s;&s;ion, nor had they been acknowledged Supream, as were the <HI>Cae&s;ars;</HI> nor had the <HI>Jews</HI> made any recognition of <HI>Antiochus</HI> his Autho|rity, nor did he ever bring them under a totall Subjugation, as afterwards did the <HI>Roman</HI> power, to whom they then paid a finall &s;ubmi&s;&s;ion, though they refu&s;ed it before to <HI>An|tiochus:</HI> As for that of <HI>Athaliah,</HI> we finde &s;he had a &s;ub|mi&s;&s;ion paid for no le&s;s than 6 years, though her power were u&s;urped; and one main rea&s;on why the people denied it af|terward was, becau&s; &s;he had agrieved the whole Nation with her practi&s;es of Idolatry and Tyranny: for which cau&s;e, &s;he was lawfully depo&s;ed and put to death in a full A&s;&s;embly of the Princes and People. 2. <HI>Kings</HI> 11. after which, they redu|ced the Government into its former cour&s;e of &s;ucce&s;&s;ion. Thus much we thought fit to an&s;wer, as to this particular: But what hath this <HI>Scotti&s;h Re&s;ident</HI> to do to introduce the&s;e In|&s;tances of <HI>Ab&s;olom, Adonijah,</HI> and <HI>Athaliah,</HI> as Arguments again&s;t us in <HI>England?</HI> They touch not the matter at all, there being as va&s;t a di&s;proportion betwixt them and us, as betwixt light and darkne&s;s; for they were &s;ingle U&s;urpers over the People; but here in <HI>England</HI> the People have recovered their own Rights, by ridding away an old Tyrannical U&s;urpation.</P>
<P>He compares al&s;o the <HI>Religion</HI> that was under Kings in <HI>Eng|land,</HI> with the pre&s;ent, and &s;aith that in the Kings time <HI>it &s;hone as a Lamp, more clear then in any other Nation: But that now it is nothing like the religion profe&s;&s;ed in</HI> Holland, <HI>nor indeed Religion it &s;elf.</HI> What the &s;tate or <HI>religion</HI> was in the Kings time, I &s;uppo&s;e we need not now di&s;pute, it having been long &s;ince condemned, not only by our <HI>Presbyterians</HI> them&s;elves, but in the Iudgement al&s;o of Forain <HI>reformed Churches,</HI> as a
<PB N="65" REF="36">profane <HI>medley</HI> of &s;uper&s;titious Innovations. And as to the pre&s;ent, though we glory not in an external pretended <HI>Natio|nal &V;niformity</HI> (the great <HI>Diana</HI> of the Clergy, and wherein they place all religion, becau&s;e it makes for their profit) yet it bears a proportionable conformity to the mind of <HI>Chri&s;t,</HI> and the tenor fo his <HI>Go&s;pel,</HI> which teacheth us to gather <HI>Believers</HI> into Congregations by the power of the <HI>Word,</HI> and not force men promi&s;cuou&s;ly into a pretended <HI>Church-relation</HI> by the power of the <HI>&s;word,</HI> or commands and con&s;titutions of any worldly <HI>Power.</HI> This, together with a prudent <HI>Toleration</HI> of different opinions, is the pre&s;ent &s;tate of Religion in <HI>Eng|land;</HI> &s;o that who&s;oever takes a view of the practi&s;es of both Nations, will ea&s;ily grant a conformity of profe&s;&s;ion betwixt us, and our neighbours of the <HI>&V;nited Provinces.</HI></P>
<P>He alledges farther, <HI>It would be more &s;afe and profitable for the States, that</HI> England <HI>&s;hould continue a</HI> Monarchy, <HI>than become a</HI> Republick, <HI>for that the increa&s;e of</HI> England <HI>in a free State would be the decrea&s;e of the other.</HI> See here, O ye peo|ple of <HI>England,</HI> what a Confe&s;&s;ion here is out of the mouth of the <HI>Common Enemy,</HI> of the po&s;&s;ibility of that increa&s;e, both in wealth and honour, which our Nation may expect in the &s;ettled Form of a <HI>Free State,</HI> or <HI>Commonwealth.</HI> And if &s;o, then by con&s;equence it follows, that all this &s;tir for a <HI>Royal Family,</HI> and <HI>Monarchy,</HI> is not out of any re&s;pect to the increa&s;e of the publick weal, but only to &s;atisfie the ambition of a &s;ingle <HI>Tyrant</HI> and his Followers. And rather than not be &s;o &s;atisfied, he here (by the mouth of his Orator, <HI>Mac-Don|nel</HI>) offers up the future intere&s;t and glory of <HI>England,</HI> as a prey unto the <HI>Dutch,</HI> in hope to allure them unto his party, for the re&s;toring of him into a <HI>Tyranny:</HI> &s;o that you &s;ee clear|ly, it is a thir&s;t of Dominion and Revenge, not the people's benefit, that tran&s;ports him in all his undertakings. It is here acknowledged by him&s;elf, that his own re&s;titution will be a means to keep <HI>England</HI> from growing richer and greater; the fear whereof, he u&s;eth as an argument to provoke the jea|lou&s;ie and emulation of <HI>Holland.</HI> The inference therefore is natural and ea&s;ie, out of his own mouth; that the intere&s;t of him&s;elf, and <HI>family,</HI> is incon&s;i&s;tent with the increa&s;e, and in|tere&s;t of the <HI>Engli&s;h</HI> Nation:</P>
<PB N="66" REF="37">
<P>In the next place, he indeavors to darken the glory of God in our many wondrous &s;ucce&s;&s;es; &s;aying, they are no good ar|gument to ju&s;tifie a <HI>cau&s;e,</HI> becau&s;e the <HI>Turk</HI> hath had as great &s;ucce&s;&s;es as any. But what ever this <HI>Babler</HI> &s;aith, we cannot be &s;o ignorant of the good hand of God upon us, as to let tho&s;e glorious works of Providence, whereby he hath pleaded the Cau&s;e of this Parliament and Commonwealth, pa&s;s under the common title of <HI>Fortune de la guerre;</HI> The <HI>Lord</HI> having cari|ed on this marvellous work for time and place, with a concur|rence of &s;uch remarkable circum&s;tances, that the very enemies have at length acknowledged it to be <HI>digitus Dei,</HI> as did D. <HI>Hamilton</HI> (before his death) and others, who &s;aw the &s;tretch|ed out arm of God in the late defeat at <HI>Worce&s;ter.</HI> We ju&s;ti|fie not our <HI>cau&s;e</HI> by &s;ucce&s;&s;es; but only behold them as the ef|fects of Gods mercy and goodne&s;s, owning us in a ju&s;t ingage|ment, again&s;t the enemies of him&s;elf and people. The <HI>Turks</HI> de&s;ign was to propagate <HI>Tyranny</HI> in <HI>Chri&s;tendom;</HI> ours to pul it down. His, only to increa&s;e his own Dominion; ours, to ex|alt the Dominion of <HI>Je&s;us Chri&s;t.</HI> What he did, was by main &s;trength, multitudes, and help of human policy. What we have done, hath been by a de&s;pi&s;ed remnant, incon&s;iderable, both for knowledg &amp; number, again&s;t all the wi&s;e and mighty men of this generation, who to their power &amp; wi&s;dom, have had &s;o many great advantages from time to time, that the <HI>deci&s;ion</HI> of every &s;ucce&s;s, in our behalf, hath been &s;o manife&s;tly written with the <HI>finger of God,</HI> that all mu&s;t confe&s;s, it could be no o|ther hand but his that did it: witne&s;s the great advantage the Enemy had of us at <HI>Naisby;</HI> the miraculous &s;ally at <HI>Dub|lin,</HI> with the many glorious defeats that followed in <HI>Ireland;</HI> the great deliverances wrought in 1648, when by a <HI>&s;mall army</HI> divided into two handfuls, we with one part quieted <HI>South-Wales,</HI> and vanqui&s;ht <HI>Hamiltons</HI> galiant army; and with the other part, &s;uppre&s;&s;ed the many numerous In&s;urrections in <HI>Kent, E&s;&s;ex,</HI> &amp;c. Witne&s;s al&s;o that glorious deliverance (be|yond all rea&s;on) given la&s;t year at <HI>Dunbar,</HI> when by a poor handful of &s;ick men, wearied out with watchings, hunger, and ince&s;&s;ant marches in tedious weather, &amp; at length impounded within a narrow neck of Land, &s;urrounded by the &s;ea, they did notwith&s;tanding (in the &s;trength of God) defeat the nu|merous
<PB N="67" REF="37"><HI>Scotti&s;h Army,</HI> it being accommodated with all nece&s;|&s;aries and advantages, and one of the be&s;t accompli&s;ht armies, that ever appeared in <HI>Scotland.</HI> Add to-the&s;e (omitting many other) the late memorable defeat at <HI>Worce&s;ter,</HI> attended with a <HI>&s;eries</HI> of many other wondrous &s;ucce&s;&s;es: and it is &s;o much the more ob&s;ervable, in regard of that miraculous power of God upon the hea&s;ts of the people, fa&s;tning them to the Go|vernment, in a mo&s;t notable time of trial, to the &s;hameful con|futation of this &s;hamele&s;s <HI>Re&s;ident,</HI> who had the impudence to affirm, that not the <HI>hundreth part,</HI> or (as he &s;aith a little af|ter) not the <HI>thou&s;andth part</HI> of the people, <HI>but do cordially ad|here to the Royal Intere&s;t, and pa&s;&s;ionatly groan to be delivered from the prevailing party in</HI> England, as he is plea&s;ed to call the <HI>Parliament:</HI> whereas, all the time of the <HI>Scot</HI>'s <HI>King</HI> be|ing among us (which was about 28 days) courting and wood|ing the people with all manner of in&s;inuations, intreaties, and pretences, he was not owned by any con&s;iderable number of his <HI>old friends,</HI> or his new-reconciled Enemies of the <HI>Pre&s;|byterian</HI> party. From all which particulars, (what ever other men may deem) we cannot but &s;ee the hand of God reached out unto us, for the upholding of this Government, in a pe|culiar manner, contrary to all the expectations and rea&s;onings o&s; worldly wi&s;dom. Since the drying up of the <HI>red &s;ea,</HI> with the wonders that were wrought in Aegypt, and in the Wilder|ne&s;s, never have there been more glorious appearances of Gods pre&s;ence, than among his people in <HI>England:</HI> And therefore, none but a profane heart will pre&s;ume &s;o much to detract from the glory of the&s;e di&s;pen&s;ations, as to rank them among the ordinary pa&s;&s;ages of a permi&s;&s;ive, or <HI>Turki&s;h</HI> Pro|vidence.</P>
<P>The la&s;t that we &s;hall take notice of, is one of the principall arguments that he u&s;eth to hold the <HI>Dutch</HI> to his young <HI>Ma|&s;ter</HI>'s party; hinting unto them by way of in&s;inuation, <HI>that no Nation is &s;o &s;ubject to change as</HI> England; <HI>that the Earl of</HI> Warwick <HI>in</HI> 11 <HI>days,</HI> Edw. 4. <HI>in</HI> 20, <HI>and</HI> Hen. 7. <HI>in</HI> 1 <HI>day, &s;uc|ce&s;&s;ively &s;ubdued the</HI> Engli&s;h <HI>Nation.</HI> Tis true, <HI>England</HI> hath received many a &s;udden change, but never &s;uch a change as now. Heretofore, the poor people toiled them&s;elvs, in &s;hif|ting one <HI>Tyrant</HI> out of the &s;addle to &s;et up another; but
<PB N="68" REF="38">now they have driven out, not only the <HI>Tyrant,</HI> but Tyranny it &s;elf, and ca&s;hiered not only a &s;ingle King, but all Kings for ever. It is an ea&s;ie matter for particulars to &s;upplant one a|nother in Government, becau&s;e the intere&s;t &s;tands depo&s;ited in a &s;ingle hand; but when the whole frame of Government is altered from what it was, and the intere&s;t of State lies diffu|&s;ed in the hands of the people, it is almo&s;t impo&s;&s;ible to alter it again, without &s;uch a tract of time, as may produce new di&s;po&s;itions and opportunities for the effecting a new altera|tion. Be&s;ides, it is very rarely ob&s;erved in the whole cour&s;e of Hi&s;tory, that ever <HI>Kingly Government</HI> was &s;uddenly re&s;to|red in any Country, after it had been once ca&s;hiered by the people.</P>
<P>As for <HI>Robert Bruce,</HI> his recovery of all <HI>Scotland,</HI> 300 years ago, out of the hands of the Engli&s;h; you know it could not be effected as long as <HI>Edw.</HI> 1. lived; but advantages being ta|ken the infirmities, debaucheries, and civil broils of <HI>Edw.</HI> 2. the Scots made a &s;hift to &s;hake off the yoak; wherein they were more beholding to that <HI>Prince</HI>'s <HI>vanity,</HI> than the valour and vertue of their own Nation. And whereas he calls <HI>Ster|lin</HI> the <HI>unconquered, and fatall Bulwark of</HI> Scotland, and tells us, that there they <HI>&s;topt the current of the Roman</HI> Victories; yet their own Hi&s;torian <HI>Buchanan</HI> confe&s;&s;eth, that both <HI>Edw.</HI> 1. and 2. were po&s;&s;e&s;t of <HI>Sterlin</HI> by force of arms: and both their and our Hi&s;torians will be able to relate in time to come how that the Commonwealth of <HI>England</HI> hath done more than <HI>Rome,</HI> and made another Conque&s;t, not only of <HI>Sterlin,</HI> but far beyond it; which I dare be bold to &s;econd with this <HI>Omen:</HI> That as <HI>Scotland</HI>'s happine&s;s will be promoted by a &s;ubjection to <HI>England;</HI> &s;o now it is the de&s;ign of God, for the better carrying on of his great work, and the good of that people, to bring them into an univer&s;al &s;ubmi&s;&s;ion to the Laws and Government of the Engli&s;h Nation.</P>
<EPIGRAPH>
<Q>&mdash; Nec &s;it Terris &V;ltima Thule.</Q>
</EPIGRAPH>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</GROUP>
</TEXT>
</EEBO>
</ETS>
