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A61878 A further iustification of the present war against the United Netherlands illustrated with several sculptures / by Henry Stubbe. Stubbe, Henry, 1632-1676. 1673 (1673) Wing S6046; ESTC R30154 187,457 192

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did the Festivals of Bacchus or as it is usual to proceed against Traitors I think I may now put a period unto the Discourse about Indulgence which I have so managed as becomes a Son and a Friend unto the Church of England as well as a lover of the peace and welfare of his Native Countrey I have not debated the point of Prerogative in particular partly because what was said heretofore about the Deity is true concerning these Gods on earth It is dangerous to tell even the truth concerning their Essence partly because I could not do it without offending if not prejudicing the Church of England I do not think it convenient or seasonable that we should minutely inquire whether All the Power which was owned to be in the Pope at the Lateran Councill were vested in K. Henry VIII Or to examine strictly what the purport of those words are that The Kings of this Realme shall be taken accepted and reputed the onely Supreame Head on Earth of the Church of England called Anglicana Ecclesia and shall have and enjoy annexed and united unto the Imperial Crown of this Realm as well the title and stile thereof as all Honours Dignities Preheminences Jurisdictions Priviledges Authorities Immunities Profits and Commodities to the said Dignity of Supream Head of the same Church belonging and appertaining Our Laws doe likewise tell us that the King is the onely and undoubted supream Headof the Church of England and Ireland to whom by Holy Scripture all Authority and power is wholly given to hear and determine all manner of causes Ecclesiastical Which passages whosoever shall discreetly consider He will esteem of these Arcana Imperii as matters which no wise man will search into that affects the tranquillity of these Realms To exemplify this further did not Q. Elizabeth dispense with the Act for coming to Church and connived at the Popish Service in private Houses in a manner without punishment although it were prohibited by the Law under a pecuniary mulct This Indulgence she used for thirteen years And when the Statute was made against the bringing in of Bulls Agnus Dei's and hallowed grains c. privy tokens of Papal obedience or to reconcile any man unto the Church of Rome yet was there no man in full six years proceeded against by that Law What imports it whither a Law be suspended by Practice or Declaration Her Reign doth afford some instances of Toleration as also do the Primitive Times which I have declined to mention But yet they are instances of what a Prince may do upon Reason of State and against which I have not met with any Father Bishop or Lawyer that hath protested I thought to put an end here unto this Preface which is grown prolixe beyond my intention But I met lately with a Book written by an English Lawyer in 1640. and tendered to the Parliament which requires some Animadversions thereupon The Case is about Ship-Money but there is an excursion against the English Soveraignty of the Brittish Seas the which since I have so perspicuously asserted against the Dutch it seems necessary that I do not suffer it to be betrayed by the English I am sorry to find a sort of Civil war betwixt the Temple and a faction in Lincolns-Inn and I wondered who had suggested unto the Dutch those principles of refusing the Flag and denying our Rights on the Sea until I found this Book to have given them a pretext thereunto If I be any thing sharp in my reflections thereon I may be p●…doned since those assertions are less to be endured in an English man then in an Hollander After the writings of Selden it is strange to find a Subject of the King of Great Britain that doubts Whether the Sea be a part of the King's dominions and adds But grant the Sea be a part of the King's Dominions to some purposes How is it a part Essential or equally valuable or how does it appeare that the Fate of the Land depends wholly upon the Dominion of the Sea France subsists without the Regiment of the Sea and why may not we as well want the same If England quite spend it self and poure out all its treasure to preserve the Seignory of the Seas it is not certain to exceed the Naval force of France Spain Holland c. And if it content it self with its antient strength of Shipping it may remain as safe as it hath formerly done Nay I cannot see that either necessity of ruine or necessity of dishonour can be truly pretended out of this that France Spain or Holland c. are too potent at Sea for Us. The Dominion of the Seas may be considered as a meer Right or as an Honour or as a Profit to us As a Right it is a Theame fitter for Scholars to whet their Wits upon then for Christians to fight and spill blood about And since it doth not manifestly appeare how or when it was first purchased or by what Law conveyed unto Us we take notice of it onely as matter of wit and disputation As it is an Honour to make others strike saile to us as They pass it is a glory fitter for women and children to wonder at then for Statesmen to contend about It may be compared to a Chaplet of Flowers not to a Diadem of Gold But as it is a profit unto Us to fence and enclose the Sea its matter of moment yet it concernes Us no more then it doth other Nations By too insolent contestations hereupon we may provoke God and dishonour our selves we may more probably incense our friends then quell our enemies we may make the Land a Slave to the Sea rather then the Sea a Servant to the Land I mention this passage to shew the Frenzy which possessed the Heàds of many that would be reputed Patriots and Defenders of the Laws and Liberties of the English Nation in 1636 c. But there are some fatal periods amongst these Northern Regions when the Inhabitants do become so brutal and prejudicate that no obligations of Reason Prudence or Conscience and Religion can prevail over their passions especially if they are instigated by the Boutefeus of the Law in opposition to the Gospel of Peace and Obedience At another time it would have seemed strange that a Common-Lawyer should doubt whither the Sea be a part of the King's Dominions Whereas our Laws and Parliaments have alwayes decreed it to be so It is strange that one of that Robe should controvert our Right thereunto or scruple How it was purchased since in Vulgar Titles the Common Law looks no farther then Prescription and in explication thereof they are not so nice as the Civilians ●…or by the Civil Law there is required a Just Title which the Common Law requireth not And Bona fides which the Common Law requireth not and continual Possession which the Common Law only requireth And This He might have seen proved in Mr. Selden and Sir John Boroughs