him that is their own Criminal but because our Authors wonted Vanity may not arrogate the inglorious Fame of being the first Invader of the Judicial Proceedings of his Country he has only borrowed from * Judices quantum in se est lationes legum impedire civium bona Judicum arbitrio esse concessa eorumque esse perpetuam potestatem Imperium plane Tyrannicum Buch. lib 14 Rerum Scotic ad Ann. 1532. Buchanan that went before him who has told the World that their Judges were but so many Interrupters of Justice that the Subjects property depends only upon their Arbitrary power and that the Government is truly Tyrannical such a courteous Historiographer to his Country as he may be well call'd an Original so it was our Authors Peculiar to transcribe him and could never have been Copy'd by a better Historian SECT V. THe Memorial of the Marquis de Albeville I cannot pretermit without somewhat of Vindication though * Vid. Vind. pag. 3. the Missive of Mr. Fagel that was given him against my own Works I more willingly pass by our Author when he not only reflects upon that Instrument but ridicules it transcends not only the bounds of a modest Writer but parts with all deference to a Crown'd Head as well as his Allegiance the Character of an Envoy is the most immediate representation of the King and every Act of his but another of the State and whatever Liberty our Author pretends to their Lordships might have had more Honour than to suffer the Memorial of his Majesty of Great Brittain to be Burlesqu'd * Vid. Their Extract out of their Register on the King 's Memorial An. 1664. Answer'd by Sir G. D. but by them it may be better excus'd since it has been so much their practise before or I must suppose as Dr. B. does in his Satyrs and Sarcasms upon the King †Vid. 6. pap that even this was done without their knowledge and that though the Author has subscrib'd his Name The substance of the first Memorial as himself has * Vid. Abstr of the K. Memorial in Vindicat p. 3. abstracted it among the Reflexions he has made upon me I shall in short resolve into these three Interrogatories 1. Whither our Author has defam'd the King and his Government and represented him as a Persecutor and his own life in danger 2. Whither by Law any of the Kings Subjects could seise abroad on Criminals to our State in what manner soever 3. Whither the States ought to have punisht our Author and his Printer As to the first whither the King has been defam'd by him and the Government If the Question be taken in general terms it might as well be doubted whither we had any Government or King and after all those elaborate Libels that have been publisht most of which himself has own'd and for the rest no more Moral Evidence can be desir'd to ascertain them to be his It would be an affront upon Humane Reason to dispute it Has not the Justice of the Nation been arraign'd by him in all its Proceedings since his Majesty's Reign have not his * Vid. Six Papers page 1. Id. p. 3. Ministers of State been made the most fearful Mercenaries have not the Judges on the Bench been represented by him in the Sayings of Mr. Sidney as so many Blemishes to the Bar Has not the Scarlet of those Twelve men been made by him almost as Criminal as if it were only the colour of their guilt instead of the Badg of their office Has he not charg'd them plainly with Corruptness or Ignorance Infamy and a Scandalous Vid. id Contemptible Poverty as if he had made use of his own Province and Sacred Function for the defaming of his Soveraign and Prince and would have apply'd his Text of making his Judges of the Land out of the meanest of the People Has he not threatned them with the Exaltation of Tresilian and fated them to a further Promotion that of being Hang'd Has he not in the most opprobrious terms exposed the Chiefest Minister in the State pronounc'd his executing of Justice a Campagne an Act of Hostility to all Law his Vid. id p. 22. p. 33. serving His Majesty an outragious Fury and his Zeal for his Soveraign but so many Brutal Excesses Are not the King's Counsellors * Id. curst for a few Creatures whom the Court has gained to betray the Kingdom * Vid. id p. 24. I am sure he has met with no such foul Language in all our Animadversions tho' I may modestly say it might have been better laid out upon him than where he has bestow'd it Is there in short any part of the Government that he has not traduc'd or any of its Proceedings that are not most scandalously represented If this can be called a defaming of the Government or if in the worst of Times the Government was never so defam'd then that Word in the Memorial was not shuffl'd in with haste unles it were Vid. Vind. p. 4. because the multiply'd Reflections were so notoriously plain and there was no need to deliberate whether the Government was Libell'd Then for what Respects the Defamation of the King whose Reputation I suppose might be sufficiently wounded through the sides of his Officers and the Blemishes he has cast upon the Administration of Affairs but our Author 's Sublime would have been lost in the Condescention had it rested there and not reach'd at the Throne and the Person of his Soveraign and represented him as a Despiser of all Fame Vid. Six Papers p. 1. and as an Heroick Practiser upon some few fearful Mercenary Spirits Not a Declaration which His Majesty makes his own Act by signing it but by him in the severest manner has been Satyris'd and his Sacred Word in every one of them expos'd with scorn and derision The term of * Vid. Six Papers p. 9. Absolute Power in the Toleration to Scotland is represented as a Roman Piece of Tyranny and he might for once with March. * Merc. Polit. Numb 67. 79. Needham in his Mercury made his King another Tarquin or with Mr. Sid. in his * Vid. His Tryal Politicks some Caligula as well as Legibus Solutus But I must tell this outragious man That this Absolute Power is no such new Term in the Scotch Law and that there are particular * 1 P. Car. 2. Acts of Parliament for the declaring of the Prince Soveraign and Absolute But this descant upon the Point must be carried to that height of Defamation upon His Majesty as if he had renounc'd Christianity it self and no Oaths were able to oblige him and his being to be ‖ Vid. id p. 9. obey'd without Reserve was only to render him a Turk as well as a Tarquin I confess those his Representations do carry it some sizes beyond the Grand * Vid. p. 21. Seignior's and are a pretty Essay of his
its Purity other Princes were disengaged from those Obligations that they had to it and forc'd by a most preposterous piece of Gallantry to recede from the very Rules of Real Honour for fear of putting up of Injuries and failing of the satisfaction of a glorious and honourable Revenge And in this sense indeed I can submit to the Saying of our Author That it is practised by all Princes as often as there is such Vid. Ibid. occasion for it And therefore I can further agree with him that Vid. Vind. p. 5. the States are no further bound by it to the King then the King is bound by it to the States unless we could fancy a Deeper Obligation in a Monarch to adhere to the Rules of right Honour from his Royal Blood than can be expected from their mixt Constitution in a Democracy and this Mutual Obligation as appears from the repeated Arguments of History Reason and Law is as Reciprocally obliging where there are no Leagues or Articles to make it more binding but where there are it only supersedes all doubt and makes it almost a Forgery to dispute it And should a Dutch-man naturaliz'd as he puts it in his inverted Case be demanded for so high an offence as High Treason His Majesty might doubtless deliver him up or Punish him if convicted upon a legal Trial of his Peers and that by the Laws of all Nations were it not specify'd in any particular League for as it is prov'd before from all the Topicks of Argument that Law or Logick History or Fact can afford that this Naturalization being but at best an Acquir'd Allegiance cannot eradicate that natural one that is immutable it priviledges them only in things that respect their private persons and not against the Publick Relation they retain to their Country it cannot legitimate him if he be there born in it a Bastard and can no more make him a good Subject if he be fled from it for a Rebel The Custom and Right of our being tryed here per Pares is with submission nothing to the purpose for Vid. Ibid. p. 5. in Leagues and Alliances we being to be guided and governed by the Civil Law if such a Criminal be delivered up it supersedes his Tryal and if he be try'd according to our Common it prevents his Delivery and if it be for such Crimes as are punishable by the Laws of Nature and Nations as Treason and renouncing natural Allegiance were ever reputed it may be try'd by the Imperial Law as well as the Municipal ones of any Land. These are Transactions of States and Measures of Government that must no more be confin'd to our Acts of Parliament than is the soveraign Power of making War and Peace and upon which both of those commonly depend but our unfortunate Author continues only in this his unlucky touches so usual against his own Interest for if he 's an Englishman which in this Case out of Favour we 'll grant him leave to fancy himself he ought to be try'd by his Peers and the Custom of their Country not admitting such a sort of Process the Evidence being transmitted hence by way of Memorial or Proof it would only give our Government a juster Reason to demand him and theirs from the peculiar Proceedings of our Municipal Law to think they cannot do him full and speedy Justice in the Court of Holland Vid. p. 4. And in Matters of such mighty moment as the Concord and Amity of Crowns Leagues and Alliances of Princes and States private Persons may lye under an Obligation of Honour and Honesty and perhaps Piety too that may not be very pleasing to such an Offender that is to make a voluntary Dedition of themselves to prevent any dangerous Contests and publick Calamities that might ensue or at least to retire out of those Territories where an obstinate Continuance may create an unhappy Disturbance This might be counted a more becoming Prudence instead of an ‖ Vid. Vind. p. 5. unbecoming fear This some Casuists have thought the Duty even of the most innocent Persons and is only more obliging upon those that lye under the Suspicion of the greatest Guilt This though he be not bound to it by Right yet he may be oblig'd in Charity and those which are no Acts of Justice yet may be done out of Piety and Love which as they cannot be performed without Praises so they cannot well be Omitted without blame And 't is our Author's peculiar Affectation that with †Pag. 6. relation to the Publick he is free from the very fault of Omission but he is too apt to value himself upon his Excellencies and even such as can't be well call'd his own though the greatest Advantage he has and that is the being protected against the Resentments of the King of Great Britain was of such an inconsiderable value as hardly to be Pag. 5. worth the asking Our Author might have forsook the Country as tender as he is of the Rights of it which would have remain'd perhaps more unviolated than some Princes may think those of all Nations are in his protection I know the perswading such an Hero to a voluntary retirement is much such another Task that an Ingenuous person undertook to perswade our Usurper to Hang himself but as that killing might have been indeed no Murder and been better justify'd than any of the Cases and Arguments of Dr. Don to perswade us to that unpleasant diversion of a Felo de se Vid. His 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in his Learned Treatise of Suicidium viz. from the great Obligation that Tyrant would have laid upon his Country so I humbly conceive both the Countrys to which our Amphibious Subject does owe an Obedience had been better oblig'd had he what he so scorns withdrawn of his own accord it had superseded a National Pag. 5. Contest about a private person who as high as he is that we are so below his Answer is really notwithstanding Pag. 6. his value and vanity is more turbulent to both States than in either of them considerable This Expedient was neither ridiculous as perhaps it would have appear'd to our Author nor Impracticable as from some Instances shall appear so Pactyes the Persian as is recorded in Herodotus when he was not deliver'd up by the Cymaei of his own accord for an Expedient for the Peace of both States fled to Mytelene and Phocion to his Friend Nicocles went a little further who thought that least things should come to an extremity if Alexander demanded him he ought to deliver himself up It was the saying of a Noble Roman that if his Enemy had surrounded him at Sea and threatned a sinking of the Ship if he were not deliver'd up to preserve his Friends from danger he ought to Sacrifice himself to the resentments of his Enemy or the mercy of the Sea and without the help of Horace the Metaphor of the Vessel may be fitted to
Publick Societies in feigned Compositions either of * Si quis ad infamiam Carmen Libellum aut Historiam c Institut Lib. 4. Tit. 4. Satyr and Lampoon both by Civilians and other Lawyers is truly call'd Libel And therefore I suppose it was and for that only reason that the Learned †Delendum esse verbum aut Historiam quod nec Theop. agnosclt nechabent libri Emendatiores Vid. Jul. Pacii Analys Scholiis Schotani Id. Annotator on the Institutions of Justinian in his Chapter of Injuries would have the word History expung'd from being appropriated as a part of Legal Defamation which says he an Eminent Author does not allow of neither indeed do the more Corrected Books mention it I have thought good to Apologize with this too that our Adversary may not retort again that the States are worse us'd than himself whom we would still respect while Our Allies tho' this Author should persist to Libel Theirs This Protection since he is pleased farther to insist on we shall a little further debate with all deference to those that give it him and though he offers to Answer all that relates to himself I hope to shew that there is a great deal yet left unanswered and for that Compliment he passes upon our Stile for foul Language we have in return given a more civil Character of his Id. Pag If a Man were to judge of the Manners of a Clime from the Deportment of the Inhabitants I know from whence we might expect foul Language I confess I cannot contend with our celebrated Author for that popular Fame that attends his way of Writing which least it should be confin'd and too narrow for his unproportionable Merit himself has taken care in * Vid. Reflect on Varill and Reflect on History of Reform at Oxon. and several of his late works some Pompous Expressions to diyulge but though not so copious still I do not find my self so streightned in such a scanty Stile as to be forc'd to have recourse to Scurrility the late Bishop of Oxford for his * Vid. the Enquiry Buffoon Scaramouch Harlequin Drawcansyr Baboon And Quaere If foul Language Fiocco's sake might have been better treated since his own Name in the end of it to which the Enquirer never read manifested it to be his and the same License that has so alarm'd him authoriz'd it in the Front yet some sober Persons presume to think that Enquiry a very Scurrilous one which with Reverence to the See and respect to the Sacred Function had been better forborn neither was there in all our Papers to the last the least Reflexion upon our Adversary that transcends the boldness he has taken with his Majesty and the Crown neither was I conscious of any particular Opprobrious Term for which he could reproach me unless it were a Crime to call him an * Vid Parliam Pacificum pag. 44. Impostor that puts upon us for History the Defamation of the last * Those that speak to the dishonour of the King's Parents and Progenitors are by the Laws of Scotland within the Acts of Leasing making and to be punisht with loss of Life Jac. 6. p. 8. c. 134. Kings Memory and that of all his †Predecessors the meeting with such Passages might a little provoke an undecent expression for which even sedate thought or the mightiest modesty will hardly permit me now to beg his Pardon Having thus past through the Praeliminarys of his most peculiar Vindication with as much Compliment as may be we are come now to consider the Contents of it And first what further Defence our Adversary has made and how far he has answer'd to his second Citation that was sent him out of Scotland SECT II. WHatever are the Complaints of Dr. B. against his Countrymen I cannot see how he could have wish'd for a better Country to have put himself upon his Tryal in a Nation that governs it self by the Laws of all Nations as well as the Municipal ones of their Land and even * Vid. Lib. cui Tit. Reg Majestat A Transcript from the Roman Law. Vid. Duck. de Authorite l. 2. c. 10. those fram'd and compos'd according to the wise Institutions of the Emperor Justinian as just a Legislator as Solon himself whom our Author insists on †Vid. Vindication of himself p. 3. Id. pag. 1. for his Naturalization Those Caluminators to give our Author a right understanding of the word those false Accusers whom he would have accordingly punisht have there but little encouragement for Perjury I wish we had here but as much severity to intimidate Villains from such Practises It is there that these Caluminators by a sort of Arithmetical Justice as the * Vid. Stierius Praecept Ethic. c. 14. Moralists term it or by that Eternal Law of Equity among the Romans the Lex Talionis are expos'd upon detection of their Perjury and falsehood to the very Punishments that the Party must have suffer'd had their Evidence been true and this not only by the * Ex Lege Remnia irrogatur ut 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fronti Caluminatoris inuratur vel idem supplicium de quoreus periclitabatur Vid. D. 4. 16. 1. c. 9. 46. 6. Zouch Elem. pars 7. Sect. 10. Civil Institutions which with them take place where their own is defective but by their very * Parliamentary as well as the Imperial Sanctions and particularly by that of King †Vid. Jac. 6. p. 11. c. 49. James 6 which comes home to our Adversary's Case He that Calumniates any Person of High Treason and the Party be acquitted incurs the same Crime and Punishment that the presumed Guilty must have undergone had he made good his Proof a Criminal has but little reason to fear a false Evidence where such fearful Consequences do attend it and our Author has as little Justice to demand their being punnisht accordingly since the proceeding upon a second Citation does not prove that he was acquitted upon the first Had there been but the same Provision by our own Laws against the falshood of Accusation which our Author is so afraid of I am afraid it would have sav'd some of that Society which his Pen so Persecutes from Perishing so miserably by the Breath of some Miscreants that might more boldly stop another Mans when there 's nothing left to choak them but their own Lyes and Forgeries and who perhaps were the sooner brought to a shameful death when their Accusers were never in any danger of their Lives I could never meet with any Objection against this most equitably proceeding but only that it might be a discouragement to such as might otherwise detect any Treason or Conspiracy but since the Accuser has the same security for his Indemnity or Life against him that will venture falsly to accuse him of Forgery that the person had whom himself perhaps justly accus'd I cannot conceive but he may proceed as boldly in
practise of the Scottish Laws to find a Man guilty upon smaller proof than our Author may imagine and if he consider the many Acts of Parliament that were past even in the Reign of their first Protestant Prince King Jam. 6. and I hope hee 'll condemn nothing of the Reformation that declar'd and ordein'd what was High Treason even in the largest extent and all which are I think sufficiently specify'd in his * Vid. 1.3.4 Act 8 p. K. J. 6. 10 Act 10 p. of K. Jam. 6. 144 Act 12. p. of K. J. 6. with several of some other Kings first Citation Then I humbly conceive hee 'll have less reason to complain of the severity of his Prosecutors and the Injustice that is done him I have this further to offer it is expresly provided there by * 10 Act 10 p. K. Jam. 6. and 2 Act 2 Sess 1 p. K. Ch. 2. two several Statutes and * Acts of Parliament that to Write in Reproach of the Kings Person and Government †The Earl of Orkney was Condemn'd for signing a Treasonable Paper of Combination with his Neighbours at home Treason by Ja. 6. p. 10. Dr. B. signs his League and Alliance with Forreign States Treason 1 Car. 2. p. 1. Sess 1. c. 5. or by Writing to put Limitations upon their due Obedience and Allegiance shall be adjudg'd Rebellious and Treasonable if this by their Law is Statuted or ordained as certainly it is this Similitude of hands must be allow'd a Proof or the Intention of the Law must be utterly Insignificant for it is Morally impossible in such cases to give in any other Evidence it cannot be imagin'd that those who make such Treasonable Construction with their Pen will permit any persons to be present at the Penning it * Praesumptiones gravissimae sufficient ad paenam capitalem si delictum sit occultum difficilis probationis Julii Clari sententia Vid. Zouch Quaest praedict and then all Laws will allow that for Evidence where greater cannot be had or expected And I cannot see why a serious Letter solemnly sent under his own hand to a Publick Minister of State about an affair which all the World knew himself solely concern'd in should not be accounted one of the * Violenta praesumptio est plena probatio says my Lord Coke strongest Presumptions and which our Law too calls the fullest Proof and this violent presumption in his case I humbly conceive was founded as it ought to be that is †Violenta praesumptio infertur ex justis causis Circumstantiis Vid. Zouch El. de Evidentià causae c. 9. on just Causes and Circumstances for certainly there was just Cause that gave them to believe that our Author was the Author too of that Letter to my Lord M. and many Circumstances that seconded the belief of it since he there represents the very Causes of his Writing exactly consonant with the Proceedings here and since it might well be imagin'd from the nature of its Composition that none but Dr. B. was the Writer some things are so notorious that they need no proof even by * Notorium probatione non indiget Baldus ad C. 9. 2 7. Law and our Author would have been loath that any should have doubted it from the peculiar excellency of the Style and the reputation that himself says his Works have gotten in the World. It may not perhaps be here too impertinently observ'd that the sending these Papers to a Publick Minister of State made them from his hands so many Publick * Eandem fidem obtinet sides Instrumentorum quam depositiones testium maxime si sint publica C. 4. 21. 15. Instruments when communicated by the Secretary to the Advocate of Scotland and I know some Laws that say such Evidence is as good as a Deposition upon Oath and as our Common Law calls it in other Cases so this may be here call'd a Civil Record In short the sole Question will be whither in this Controverted Letter and Papers that were sent to the Secretary there was any thing contain'd that * Vid Letters and Papers reproacht his Majesty's Government or limited our Authors Allegiance when it threaten'd a slanderous Recital of the affairs of the Kingdom and declares his Allegiance actually translated which the two recited Acts do literally declare rebellious and treasonable or whither they are only some * Vid. Vind. pag. 1. ill chosen Expressions for which we have only the Presumption of Dr. B. and if general Presumptions as he says are no proof much less can a particular one be so especially if you consider him as a Party concern'd and that no Law will allow him to * Nemo Idoneus testis in re suà intelligitur Vid. D. 9. 22. 45. testifie for himself This ill chosen Expressions is such a modest mitigation of what his Scottish Law calls High Treason that I cannot help my self to such another Instance of civil Excusation and Apology than that which another Celebrated Author now an Inhabitant about the same Provinces and probable correspondent with ours though we do not hear of his Allegiance translated made for a Doctor too but one whose Works have less reputation in the World who was pleased upon the consideration of the contrariety and Contradiction of Oat's in his Evidence and Discourse to grant that * Vid. Mr. Hâ—nt's Postscript p. 41. he was a little Apert and Incurious in his Conversation an Apertness Incuriousness which the Statute has been so bold as to punish for Perjury such a faculty has the fame of an Author or the quaintness of his Style to give a Politer turn to those unpolisht terms and rigorous Expressions of reason â—nd the Law. The next thing that falls in our way is somewhat Vid. Vindication p. 3. of the same nature and which he would so softly insinuate that the being declar'd in the Writ a Rebel does only intimate that he is Contumacious Had our Author's Case indeed been only the refusing to pay his Debts and the King only been his Creditor I confess I could then have had milder thoughts of the Rebellion that is imply'd in his Letters of Horning but since it is so far from that that the Doctor declares he owes his Majesty nothing not so much as Allegiance which Vid. Ut supra their Laws declare Treasonable I am afraid there is somewhat more that affects him than barely but a formal Contumacy and Contempt It is the matter in the Citation with submission to his more peculiar opinion that empower'd his Majesty to demand his punishment or surrender from the States and not his being pronounc'd Rebellious at Edinburgh or the Peire of Leith it is not for the Rebellion in the Writ but for the Treason that the Citation contains which I humbly conceive by his Non-Appearance for the space of a whole Year he has Convicted himself of I fancy he had made a better
he acted as a Lawyer and an Advocate and so could not be charg'd with those Consequences that attended his Vocation no more than the King's Council in Criminal Causes can be said to kill a Man whom the Law Condemns or the Advocate in Scotland to Persecute Dr. Burnett because it is he that Complains of him in the Citation However Imprison'd as he was he makes his Escape gets over into Flanders is naturaliz'd resides at Antwerp acts by special Commission under the Governour but being reported here to have animated Spain to some Hostilities against England as our Dr. does the Dutch to * Vid. 1 par of Refl p. 5. resentment of Injurys which signifies the same this by the Laws of Queen * 13 Eliz. Dyer 298. Elizabeth her self being adjudged High Treason and this having been Cardinal * Vid. 3 Inst c. 1. In Angliâ sparsum est semen ut vix â Turcico c. Pool's Case who was accus'd for encouraging the Emperour to invade his own Country by writing of Books that made the King almost as ill as the Turk or as our Author expresses it in his * Vid. Six Papers upon our Kings Absolute Power by the * Bow-strings of Turkey and the Mahometan Government These things though acted beyond Seas being in her Reign adjudged Treasonable as appear'd in the Case of Patrick O Cullen an Irish Man for a Treason at Brussels and our Author cannot with Justice Hill 36 Eliz. reflect upon any Resolutions in her Reign only cause they justifie against him the Proceedings of the present People then having these sort of Judgments and Apprehensions of Dr. Story 's Case in the Matters that our Dr. Burnett now disputes in his own they contriv'd this Plot that one Mr. Parker should set Sail for Antwerp being a Merchant and by some means or other says Fox bring over this Doctor into England and that is as I humbly conceive to seise on him there Vid. Vind. p. 4. in what manner soever Parker repairs to Antwerp and Fox Acts and Monuments pag. 21 52. Lond. Edit 1583. as our Author phrases it suborned some Persons to lie so far for the matter though it cannot be believed that they had any dispensation for it as to signifie to him there was prohibited Books aboard in the Ship into which when they had Deluded the Doctor they as soon set Sail with him for England where by the way I cannot but observe that this Celebrated Martyrologist calls him Traytor and Rebel even before he was Try'd but to his Tryal he was brought and there as I formerly represented pleaded his * Vid. Dr. Bs. first Letter to my Lord Mid. Allegiance translated from her Majesty to the Soveraignty of the King of Spain and that for seven years ago that he was his Sworn Subject * Vid. Baker's Chron. p. 349. Dyer p. 298. 300. and therefore as he well deserved says this Book of Martyrs he was Condemn'd as a Traytor to God the Queens Majesty and the Realm and as says another Author because all his Pleadings were over-rul'd per form of Nihil Dicit the Judges resolving as I recited in the former Treatise that no man can renounce the Country wherein he was born or abjure his Prince at his own Pleasure and with this agrees expresly the Civil Law as hereafter shall be shown The barborousness of whose Execution being cut up alive and in his Anguish after dismembring striking the Executioner must be more Condemn'd than the Process against him and cannot be excus'd by such an Author 's outragious Zeal in terming him a Bloody Nimrod Tyrant and a Persecuter and to make the Parallel between the two Doctors more plain the Encouraging and promoting an Invasion of her Majesty's Kingdom was laid to Story 's charge too and adjudg'd High Treason upon a Solemn Debate of the Judges * Vid. Dyer fol. 299. I cannot find that Spain though otherwise sufficiently incens'd against the Queen for the Countenance and assistance she gave to the Disturbers of his State ever made this seising of a Naturaliz'd Criminal even in time of Peace any Article for the Justifying of a War or so much as complain'd against it as a Breach of the Laws of Nations and why Because it was never then disputed but by the Kings Laws every one of his Subjects was warranted to surprise or to seize on him there in any manner whatsoever Our Author must make himself more Ignorant in History than he would make our Envoy in the French Tongue if these sort of Proceedings never occurr'd to him in his reading but because we are apt to forget such Passages as may chance to displease us in their application I hope to make it appear without being reproacht for foul Language or less respectful to that reverend Character he bears then himself has been to that Honourable Person that represents his Majesty that the Dr. has not taken the pains rightly to inform himself in this matter and refresh his * Vid. Vind. p. 3. Memory with an Instance or two more * Vid. Heath's Chron. 62. part 4. Corbet Okey and Barkstead some of the Regicides upon the Restoration of the late King and some that were excepted out of the Act of Oblivion for being Men eminently concern'd in that Execrable Murder were in the Province of Holland at Delph and other places seiz'd by Sir G. Downing the King's Minister and the Assistance of the Dutch themselves with the order of the States and by the Marshal of the Town The seizing the P. of Furstemburg and now Cardinal in a free Town tho' an Imperial City in the service of the French was justified by these Dutch †Vid. Their own Netherland Historian because he being a natural born Subject of the Emperor's he was found undermining of his Government And that which is fresher in our Memories and with which I had refresh'd our Authors in the former Treatise is the Case of Sir Thomas Armstrong when he lay under the same Circumstances being Outlaw'd for Treason which in England is the same with the Scots Letters of Horning and I think somewhat more than a Writ of Rebellion out of Chancery This Gentleman by the Procurement of His Majesty's Envoy then residing at Anno 1683 / 4. the Hague and the help of his own Servants with the assistance of some of the Officers of the Town in which he was taken was seiz'd at Leyden sent over into England and by a Rule of Court order'd to be executed as is usual where the Outlawry is not allow'd to be revers'd And I know Dr. B. remembers this so well that he has past an Invidious Reflection for it both on our Government and Mr. * Vid. Continuation of Reflection p. 59 55. Varillas tho' he is forc'd to grant even where he would willingly make this Proceeding against the Knight but a sort of Judicial Murder That the Condemning Men in Absence
has been alway Practis'd by our Law where the Absence was Wilful and we all know it is so too by the Laws of Scotland P. 54. And I hope no one will imagine that the Dr. was detain'd in Holland against his Will. And as I have already advis'd our Author out of Tenderness and Respect so it is still my opinion That it would have been a wiser Reflection upon his Case to consider that by the King's Laws every one of his Subjects is warranted to seize on such Offenders in what manner soever then to reflect upon nothing else but the Justice of the Court that Condemned Him and the Memorial of His Majesty that demanded the Dr. And this Transaction is not an antiquated President that our Fathers have told us but what we have seen with our Eyes and heard with our Ears tho' I cannot hear that the * The Attempt that was made since upon another Person at the Hague was of another nature and of which they might with more reason complain States ever return'd us any publick Remonstrance against it as a Breach of Priviledge upon the Law of Nations And why Because by the King's Laws every one of his Subjects was warranted so to do I could carry this view of History further notwithstanding the Dr's severe Droll on the Envoy's Memorial of Dead or Alive to aggravate his pretended danger and tell him of Subjects that have executed their Prince's Justice when he has been but in bad Circumstances to demand it and the Dr. has heard of Attempts upon an Askam a Lisle and a Dorislaws but ill Practises must never make good worse Proceedings and such a Revenge as no Nature will allow can never be justify'd by a Law of Nations so that his fears are as idle and needless as his aspersing His Majesty for it are most vainly Seditious The best that he can make of these Circumstances that affect him is to be a better Subject to his natural Prince and then he 'l need no Protection from any other Lords And now to conclude with what His Majesty's Memorial might well do too * That the States ought Vid. Vindic. of himself p. 3. to punish both him and his Printer The deference that was due to their Lordships from any of the Subjects of the King of Great Britain is as Temporal too I hope as the Dr's Allegiance that he has transferr'd to them and we are bound to retain no longer a respect than they are found to continue that firmness of Alliance which as I may well say now has been too much violated So it might have been wish'd by both sides the Dr. had never brought it to so much as a Dispute and tho' out of an humble regard to their Government I do not presume to prescribe Measures to their State I do not pretend to tell the States what they ought to do yet I may I hope with all Humility tell them what the States have done 1. These High and Mighty States of Holland and West-Friestland to the Protection of which the Dr. Vid. Six Pap. pag. 50. does so zealously recommend himself did in the Reign of Queen Elizabeth †Vid. Reidan Annal. Belg. Lib. 6. Anno 1587. decree death to such as should in Libels and Reflections dare to revile Her Majesty And I did not doubt but that their Lordships would have been as tender of the Honour of Our Present Prince as their first Ancestors were for that of his Predecessor especially if they had consider'd him under a more August Title and much more extended Dominion and that their Queen of England may with Modesty be stiled a less Monarch than the King of Great Britain 2. There is an old Edict as I am well inform'd and that still in force a solemn unanimous Act of the whole States Generals united which condemns to perpetual Imprisonment all Persons Aliens as well as Subjects who shall in their Dominions by Writing or Printing publish any Letters or Libels to the defamation of His Majesty the KING of Great Britain 3. By Virtue also of this ancient Decree did a learned and ingenious Minister of the late King Sir W. T. then residing at the Hague cause the Sieur John Rothe and one Mr. Byer Brother to the Book-holder of the Dutch East-India Company with their Printer to be seiz'd Sir John was clapt up in the Rasphouse the other in Anno 1676. the Stadthouss at Amsterdam where they are said to be still Prisoners notwithstanding they were Natives and that is more than naturaliz'd and related to men of more Power and Wealth than our Author can pretend to This I have had attested to me by some men of Understanding and one of them one of the King's Subjects that seiz'd them so that by their own Laws as well as the King 's they were warranted to do so and the States bound by their own Presidents to punish both Him and his Printer The Original Libels for which they prosecuted both the Author and the Printer I have ready to produce and it was not alone the Prince of Orange's Cause that occasioned their Prosecution but * Vid. Eenige Sware beschuldinge tegen de Prince van Orange c. p. 2 7. p. 2. Dat de Prince c. consuleert over de wictigste saken dese Republiik Met syn Ooms ' den Koningh van Engelandt en den Hertogh Van York p 7. Dat de Staten even Van de Prince Misbryiickt en qualiick gehandelt worden al 's het Parlement in Engelandt van hare Koninck His late Majesty the Present * King and the Government of England being all Libell'd in the same Reflections animated our King to demand Satisfaction also for Himself since the same Author had represented Him and His Royal Brother as so many Conspirators with the Prince and reflected upon His Majesty as betraying and usurping upon his Parliaments after the same manner that His Highness did Design upon their States These High and Mighty States did then think it their Duty to do Justice to His Majesty of Great Britain and to His Present Majesty though then without a Crown who might I hope as well expect it from them now while He wears one They publisht their Placaets then against such an Author and his Printer both them and their Orders I have by me to shew look't upon them and term'd them too lying scandalous and Seditious Pasquils †Vid. Their Placaet printed too by Mr. Fagel's Scheltus at the Hague 1676. promis'd Three Thousand Gu'lders for the Discovery and bringing the Author to Justice and Two Thousand to any one that should detect the Printer But Time has shown us now the reason why these High and Mighty Men could not comply with His Present Majesty in punishing Dr. B. or his Printer †vid. Miinheer Fagel's Missive printed by the same Scheltus tho' they thought so much my self to deserve it These Libels were avow'd only to facilitate this Invasion and
demand of Bothwell Queen Elizabeth said she would either deliver him up or send him out of England But such Arguments as the Schools call ad hominem with some People are most prevalent therefore as I do not in other things pretend to prescribe measures to the Dutch of what they are to do so I must offer one Instance more of what in this case too they have done and that without proof or examination 'T is known then that they of Holland not long since deliver'd up the Cook that had been in the Conspiracy with the Countess of Soissons of France for poisoning and he that endeavours with his Venome and Malice to Alienate the Subjects Hearts from the King and his Government by the misrepresentation of him and his Proceedings which by the Law of the Land is call'd Treason must by that of all Nations be concluded to have forfeited that right of Protection which as hath been shewn in such offenders it does more particularly refuse to favour In the Article of the Crown of Denmark for the securing 5 Article Feb. 4. 1660. and returning us any Regicides that should be found in their Dominions or should hereafter repair there it was agreed that upon the first notice to that Crown assoon as the King was told of their being there they should be apprehended put into safe hands of their own Officers or of such as the King of England should appoint to take them into Custody and this was observ'd without any expectance of any Record of their Sentence and Attaindure As to his second Consideration as it relates to the common Acceptation of the Word Fugitive and Rebel when the concern is national they may either be construed according to the Municipal Laws of the Country or the Laws of all Nations and by both of those his Construction of the Terms as well as of the Merit of his Cause will be certainly Condemn'd for a Fugitive as we have intimated before by the Laws of both Kingdoms is so reputed from the time of his absenting himself after Citation though he were innocently absent long before and by the Civil Law according to which all Leagues and Treaties are to be interpreted and take their Acceptation he that is accus'd of the Crimen Laesae Majestatis is criminated for a Rebel and therefore it is promiscuously call'd too the * Idem perduellio dicitur Zouchaei Elem. p. 4. Sect. 9. etsi is proprie perduellionis reus est qui hostili animo adversus Remp. vel Principem est Armatus Vid. Ibid. D. 48.4.11 Crimen Perduellionis though properly in strictness he is only guilty of the latter that comes Arm'd in an Hostile manner to Invade the King or the Common-wealth I wish our Author could help himself better in his Explanations which for any thing that he has offer'd yet he must be concluded in the Articles of Treaty which have been so often ratify'd and confirm'd and which deny any Protection to declar'd Rebels and Fugitives And this was the Opinion of the Dutch * Vid. Their own Netherland Historian themselves in the Case of the P. of Furstemberg whom they look'd upon as a Rebel for not obeying the Imperial Mandatum Avocatorium as well as for bearing of Arms against the Emperour and by the same reason the Regicides might as well have been refus'd us because many of the Kings Judges never bore Arms but even that it seems our Author does not decline to make himself in his own sense and the Literal one a Compleat Rebel 1. Letter The Third Consideration is his being Naturaliz'd by the States before he was Prosecuted by the King. Did that Naturalization as our Author in his Letter does falsly imagine eradicate all that Relation he has to his natural Prince and Leige Lord did it really translate that Allegiance which he pretends it does much might be argu'd from it in his defence but since so many Presidents have been brought that have prov'd it quite otherwise adjudg'd and seconded with as much reason as my little stock could afford and that strengthen'd with the resolution of all the Laws it must be concluded that his being the States Temporal Subject does not make him less the King 's natural one and if Local Protection as he observes is so inseparable from Soveraign Power I am sure by what has been said Natural Allegiance will appear to be more so so that his defence here is only the very Crime that is in question which like the glorious ills of the Roman Hero must only be maintain'd by doing greater But because I would give all the satisfaction imaginable we will carry this point of a Natural Allegiance being Inseparable some few steps further and see first what the Laws of all Nations say of it and then what we find said in those of our own and for the Imperial Law in this point it is positive that every one becomes a * Subditus quisque fit primúm ratione nationis Zouc part 4. Sect. 2. Subject truly and originally with respect to that Nation under which he was born And by this word Nation which those Authors use to express it by I do understand that Government is more properly to be intended for I know that People may be born the Subjects of the King of Great Britain and yet without Vid. Act of Parl. de Natis ultra Mare Vid. Crooks Rep. Banks's Case his Dominions tho' not his Government and is the Common Case of those that are born in English Factories beyond Sea which by a Fiction in Law transfers the place of birth to be within the Diocess of London and the County of Middlesex And this if I mistake not is the Resolution of Banks's Case in Crooks Rept so careful is our Law lest any natural Allegiance should be transferr'd to a foreign State that to avoid it it transfers the place of your Nativity in another Country to the Territories of your own Prince and therefore we are told by Civilians * Partus non tantum Parentis verum etiam reipub nascitur cujusmodi ad Rempub relatio Exui non potest D. 37 8 ◠12. That every man is not only his Parents Off-spring but that of his Kingdom or Common-wealth and this relation to his Country he cannot renounce or translate This is positive against our Author's Assertion that has occasion'd his Prosecution in Scotland where he says it is already and actually translated when by the Laws of that Country the very bare limitation of his Allegiance had been Crime enough to have cost him his Life And so plain and full are the Laws of Nations in this Case and which a Country that is partly governed by them cannot contradict that they say no one can * Origine propria nemo potest voluntate suase eximere nec si aliam assumat quod assumptio originis quae non est veritatem naturae non Perimit c. 10. 33 4. D.
†Novel 78.5 Antoninus Pius gave the Jus Civitatis to much Forreign-People that repair'd to Rome And though our King cannot naturalize without an Act of Parliament which I cannot see but might have been admitted as a point of Soveraignty it being of old allowed to his Original Ancestors the Roman Princes and the denying it fixing somewhat of Soveraignty in the three States yet by our Law now he grants Letters of Denization which is as * Coke's Report fol. 25. inseperably assix'd to his Royal Person yet still this being Denizen'd or Naturaliz'd shall never alienate that Allegiance you owe your Natural Prince much less protect a man from the Justice and resentment of his Lawful Soveraign for if it cannot be defended in those that are born Subjects of a Forreign State it cannot be imagin'd justifiable in those that are Naturaliz'd for though that puts you in a conditionas if you had been a Subject born yet it is with relation only to personal defects to qualifie you for the Priviledges of a Native and not to exempt you from the Obligations you owe to the Laws of God and Nature By what has been said and somewhat more that I shall now say I hope he 'll retract this opinion That Vid. Vind. p. 5. the Obligations of Honour that all Soveraigns come under to protect whom they have naturaliz'd against all things but their own Justice is no dark point of Law and that it is what every Prince Practises That Obligation of Honor were there no Leagues to oblige them would on the contrary command them not to justifie those Crimes in Naturaliz'd Subjects which they cannot defend in their Natives he is so far from clearing this dark point of the Law that he has made it only more obscure and indeed put the Law quite out like the Expositor that Writ so much of Fiat Lux upon his Window till he had darken'd the whole Room And for the practice of Princes it is plainly against him some Presidents there are where Protection has been much insisted on as when the Venetians defended Pope Alexander against the Emperor Frederick but I hope our Author will not make his Case that of a Soveraign Prince when the Chalcidenses refus'd to deliver up Nauplius to the Greeks as we have observ'd before it was after they had found him Innocent by a formal Tryal and that obstinacy of the Gepidae even by which they perisht was not for protecting a Criminal in the Case of High Treason and for a more Modern Instance when Queen Elizabeth demanded Morgan and others 34 Eliz. Cambden fol. 25. out of France and was refus'd it is apparent it was upon a particular revenge the French King propos'd to himself by way of Retaliation for he would not so much as offer her to put them to a Tryal there which all Authors do indisputably agree in ought to be done and which the * Vid. Answer to 2d Memorial Dutch themselves in his own Case grant to be reasonable though they do not put it in Execution for he told her plainly †Si in Anglia quid machinati sunt Regem non posse de eisdem cognoscere Cambd. ibid. that he could not that is more truly Would not take any Cognisance in France for any thing they had done in England tho' what the Queen pursu'd them for was High-Treason too But when we come to Consult the History we as soon come to see the Reason too and that was return'd in the very answer of the King 's viz. that the Queen had not long before * In suum regnum Mongomerium Principem Condaeum c. ad misisse Comd. 1585. receiv'd Montgomery the Prince of Conde and other French Fugitives into her Protection and truly if we consider her as encouraging all the troubles of that Kingdom and his Subjects that she assisted when in Arms against their King in a cruel War and that against her own Articles of Peace it cannot be expected she should meet with much Complement from such a King or the Common Justice that the Laws of Nations would allow neither would it be a rational Conclusion from Particular Instances and those ill apply'd to subvert a Universal Rule of Reason Equity and Right This Obligation of Honour that all Soveraigns lye Vid. Vind. p. 5. under to protect whom they Naturalize against every thing is I think another of his unlucky Reflections and that upon the Honour of all Princes I cannot tell You what sense some sort of People may have of this Honour that don't use to stand much upon having any but Crown'd Heads that are generally the Fountains of all that is Honourable treat one another with more respect The sense that the Ancients had of this Obliging Honour was briefly this Dion Chrysostom says that among the many Mischiefs that attend Governments and cause all this Discord and Disturbance he counts this for one The protecting Criminals and Offenders that fly from one City to another That the next Degree to Treason is to harbour and Protect Traytors and next to the Renegadoes are those that receive them This is observ'd by †Grotius Lib. 2 C. 21. Quintil. Declam 255. Grotius out of Quintilian and our Authors offering to put this Principle upon the States is by the Consent of their own Grotius the greatest Libel upon their Lordships they might have been more honourable and wise than to permit a particular Person 's Crimes to Be paum'd upon them for an Interest of State and a single man's Offence that can hardly be said to be a Subject to make their Government suffer by a national Imputation And thus Aeschines in his Answer to Demosthenes declares in his Treaty with K. Philip for the Peace of Greece That the Malefactors themselves and not their Cities should suffer for their faults which nothing but the punishing or delivery of the Criminals can excuse and for this reason the Cerites presently left it to the choice of the Romans which they would have And as I observ'd above I thought the States would have been more truly honourable than to entertain such Maxims of Government for a point of Honour and that the Wise Administrations they have many times shewn would not have permitted them to receive it as a point of Wisdom or Policy and that from an Instance that these their most Learned Statesman that ever their Country afforded or indeed any other has applied to the Case Ibid. and that is Basilius's sending to Cosroe's for one that was his own Subject but being declared a Rebel and a Fugitive tells him he hoped he would be so prudent as not * Somewhat to this purpose said the Romans when they sent for Jugurâ—ba by Protecting him to countenance such a President against himself And indeed this has been in this last Age the real occasion of debauching it into our Author's degenerate Principle of Honour when by the first Breach upon
Forreigners that do all things rather rashly inconsiderately and out of ignorance of the Laws But even this is not excusable where such a City or Community shall connive at any Fugitives or Forreigners committing such a Crime who must there Contract the Guilt by Imputation for not having hinder'd it before it was committed to this does he apply the Arguments of Cicero against Piso of a Consul that permits others to offend of the saying of Salvian That he that has a power to prohibit an ill Act and omits it does in effect command it and that Soveraign Princes who are able to prohibit Crimes approve them if they permit them to be done and who are bound to take care that others offend not And another of St. Augustine himself That he that does not in such cases resist and oppose seems to give his consent and this being a piece of Divinity that interferes with the Politicks as Grotius observes our Author * Vid. Vind. pag. 7. I hope will pardon this little Digression out of the Province he has put upon me And for the Roman and Fabian Laws of Masters being punisht for the permission of their Servants Faults Parents for their Childrens knowing of the Commitment and being able to restrain it both which are too apparent in this Contested point all these Cases arising only from Natural Equity or Religious Rules and Observances are all by their own Statesman and a Vid. Grotius ut Supra most Learned one too apply'd by a parity of reason to Princes and their Subjects their Kingdoms or their Common-wealths King David in the business of Rabbah and the Ammonites made it the Crime of their City for not hindring those Indignities done him by some their Inhabitants And if we may venture once more upon our Authors Province St. Chrysostom in his Oration involves De Stat. Orat. 1. all the Inhabitants of Antioch in the Crimes of the Statues because though committed only by a few it was not punisht by the Community which general Imputation he says could have been avoided had the Offenders been expelled the City After so Sacred Authority it would be superfluous to add any Examples from such History as is call'd prophane but Politicks as our Author says being more our peculiar Province we may expatiate a little further upon some Presidents drawn from the Practise of the Ancient Governments among the Greeks and Romans as not improper for this place seeing the most modern Constitutions and most renowned States and Republicks do commonly take their Measures from them Thus the Grecian Princes were Condemn'd for not delivering up of their Iphigenia and Polybius blames the Aetolians mightily who while they would not willingly appear Enemys to Philip yet suffer'd some of their Subjects openly to act against him and when the Queen of the Illyrians would have excus'd her self to the Senate of Rome that the Depraedations of some of her Subjects were done without her Knowledge or Approbation she was answer'd that no Prince could plead ignorance of what was frequently and publickly done and that she was answerable for not forbidding that injury to her Allies which she must be presum'd to know Our Authors most Injurious Reflections on the King and his Government have been repeated often Publisht and openly own'd so that there is but little need of that proof that may be desir'd and I wish there were less too for these Unhappy Applications Those that tell us * Vid. Resolution of the States Generals That it is such an agreeable thing to nature That he who is born free should have the liberty of setling himself wheresoever he shall think it most advantageous for him I fear will find too from what has been here said that the Laws of Nature and Nations as agreable as they represent them are utterly against the transferring all Allegiance after a Dominion introduc'd I confess such a Notion is agreable to Nature had we no other Common-wealth but that of Mr. Hobs and there would be no need of insisting upon Articles of Peace when we were bound to be in no other State but that of War. * De Jure Bell. L. 2. c. 5. Sect. 24. Grotius himself upon this point of natural Liberty though he gives it as great a Latitude as any of his Countrymen can desire cannot extend it beyond the Restrictions of all Municipal Laws and therefore grants that in some Countrys it is not lawful to renounce their Nation or forsake their City and mentions for an Example that of Mosco and though by the late Laws among the Romans any Citizen might remove his Habitation to another City yet was he still oblig'd to execute such Offices as should be impos'd on him where he first dwelt a special Proviso by those Laws to compel him to pay his wonted Contributions neither were they to depart out of all their Territories without leave but even that Author when he has made this Natural Liberty to be much restrain'd by Municipal Law concludes that it is not so agreable even to Nature and that no number or great Companys of Subjects can be allow'd to desert their Country though some particular Persons may and to Cap our Authors Allegory on the Dispensing Power of the * Reflect 1 part p. 5. Dutch Dikes and the difference of pulling of a flower and breaking an Hedge this Author applies to this Case too that it is one thing to draw water out of a River and another thing to turn the Course of it So that although this Translated Allegiance and Naturalization were so agreeable to Nature in the particular Person of Dr. Burnet yet from the resolution of this their own Lawyer and most excellent Statesmen it is the most disagreeable thing in the World to extend it to so many Regiments and whole Companies for as he wisely concludes from the necessity of the end which by all moral Maxims must create a right by the same Parity of Reason such an unbounded Liberty of settling one's self might be extended to a greater Majority even to the Dissolution of the whole Civil Society And to this I might add That the Consideration that ought to have been had upon some * Vid. The Dutch Answ to the King 's Memorial Resolutions some People have of late given of Our Subjects that were demanded being all Souldiers as well as such a number of People did make such a general Naturalization more disagreeable to Nature since Souldiers must be naturally suppos'd and that in Peace as well as War to be more immediately requisite to the Conservation of a Government than a single Person whose Profession it is not to bear Arms or only a particular Champion at the Pen that under the Obligations of the Gospel of Peace does only disturb the State and would make the Church it self too truly Militant And so highly Injurious has this assuming the Subjects of another Prince been ever resented especially when in Great Bodies
and that aggravated when the Persons were Military men that Zonoras discoursing of King Lazus who had Revolted from the Persians to the Romans makes it a Just Cause of War between those Romans and the Persians because the Roman General had drawn over unto himself the Subjects of the King of Persia This is granted too by the Learned Grotius and he insists * Lib. 2. c. 5. sect 24. Lib. 3. c. 20. sect 41. several times upon the same Passage for a President His Majesty's Memorial almost in the same words expresses the Saying of Sabinus That though every man has this natural Liberty or the power to make himself a Member of what City he pleases yet he cannot of the Right of Dominion after another has been introduced and therefore Grotins adds the authority of Paulus That by the Laws of the Romans all Fugitive Servants were liable to the right of Reception whom their Masters can over claim and they must still remain their Servants and that it is the greatest Injury to detain them from their Service And certainly then the Soveraign will have as great a Right to that of his Subjects So that it is indeed somewhat to be admired to see so lately the Laws of Nature and Nations alleadg'd to Justifie a Matter to which they both are so plainly repugnant and by those very People against whom their own most applauded Author is the best of Advocates and who plainly Lib. 3. c. 9. sect 11. tells us too in another place * Ibid. lib. 3. c. 20. That it is unlawful to receive such as are bound either by Oath or otherwise to perform any Service or Duty to another Prince and since their Lawyers tell them so it will not be Improper to look a little into our Law and see what that tells us By the Stat. of Hen. 7. * 11 H. 7. Calvin's Case Jac. 1. and the Resolution given in K. J. 1. it is Plain the King of England cannot be depriv'd of the Service of any of his Subjects who are bound to serve him in Peace as well as War both within the Kingdom and without that natural Allegiance is unalterable and unseparable whatever Liberty of Translation Some may pretend to and by a particular Act of Parliament of K. James as upon another occasion was before observ'd the Serving of Foreign 3 Jac. c. 5. 3d. Inst c. 23. Princes with a Translation of Allegiance is particularly provided against by the requiring an Oath of Obedience before they go over and making it Felony to go without And What can be imply'd from this but their Obligation to return when call'd and commanded And this is extended by the Comment of my Lord Coke to a going over without serving or to Domestick Service as well as Military The whole Design of the Statute seems directed more especially against Souldiers entring into Foreign Service and by a more particular Branch of it binds them * Vid. Form of the Obligat not only to take their Oath of Obedience but also to give two sufficient Sureties And it was a Case once that came into Question * Dyer 298. Whither the going only to live out of the Kingdom without Leave were not a Contempt and an Offence punishable and to be construed as a Desire to withdraw his due Obedience And 't is plain that Queen Elizabeth whose Memory the States ought to Reverence as well as our Author after She had given Leave of Absence in a Foreign Service for some Years upon a Refusal to return on the sending her Privy Seal that Commanded it upon their Allegiance Id. fol. 375. B. proceeded against the Persons as Fugitives seizes confiscates and sells their Estates and Inheritance If these then are the Laws of England if this has been resolv'd in the Reign of a Princess whose Proceedings no Protestants will dispute His Majesty's Envoy might well declare The King could Recall His Vid. the King's Men orial Subjects by his Royal Proclamation or his Letters of Privy Seal and that they were bound to Obey those Orders upon very severe penaltys and the Memorials of the Marquiss may with the Wiser part of the World be thought to contain a great deal of sense and reason notwithstanding that our Author has endeavour'd to Vid. Vindic. p. 3. 4. represent most of them so absurd and ridiculous But then all Doubt is excluded and out of doors by a general consent and accord of all Statesmen and * Vid. Ibid. ut Supra Grotius in particular where it is decided by those Obligations that arise from Articles Contracts and Agreements and to this those that have contested it so much by their own Consent and Resolution are bound and have concluded themselves so that since a solemn Capitulation has been produc'd and which we need not insist on to make out since so publickly known The Proceedings of His Majesty's Minister of State which our Author has undertaken to reflect on and ridicule will appear to all understanding People to be founded upon the Principles of natural Justice common Equity National Laws and private Stipulations And 't is too plain now for what ends His Majesty has been deny'd in so just Demands which must redound with all impartial People as much to his Honour as to their Shame and a successful piece of Injustice has just as much Equity as a prosperous Villany has to be entituled to the specious Name of abused Virtue But setting aside the unanswerable Argument of the Earl of O's Convention and Agreement in 78 I cannot see but the Contenders against it and these asserters of this Natural Liberty had long before concluded themselves by their own Act in the Articles of two several Treaties that of Surinam in 67. and the other signed at Westminster in 73. for though by the first it was stipulated upon the Place that instead of this agreeable natural Liberty all the King's Subjects were to have the Liberty to remove themselves after the transferring of the Place to some other Plantations under His Majesty's Obedience which I hope imply'd that their Allegiance was not to be Translated no not with the Soil it self this was thought then so agreeable to Nature that it was admitted immediately as an Article tho' it may be well remembred how those promises too were kept the King's Subjects indeed were kept and detain'd contrary to that very Treaty and this Detention acknowledg'd unjust by themselves in the 5 Article in 73 and that it should be lawful at any time for His Majesty to send Ships for his Subjects and that they have leave to depart with all that belong to them and that they themselves were to assist them in their return and this was granted by themselves to Grobbendonck at the business A. D. 1629. of Bois le Duc where they could not detain the King of Spain's Subjects for theirs much less than the K. of Englands And to which I shall only add