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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A52459 Natural allegiance, and a national protection, truly stated, being a full answer to Dr. G. Burnett's vindication of himself Northleigh, John, 1657-1705. 1688 (1688) Wing N1300; ESTC R18568 74,173 110

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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.