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A75357 Anglia liberata, or, The rights of the people of England, maintained against the pretences of the Scotish King, as they are set forth in an Answer to the Lords Ambassadors propositions of England. Which ansvver was delivered into the Great Assembly of the United Provinces at the Hague, by one Mac-Donnel, who entitles himself Resident for his Majesty, &c. June 28/18 1651: and is here published according to the Dutch copy. Whereto is added a translation of certain animadversions upon the answer of Mac-Donnel. Written by an ingenious Dutch-man. As also an additional reply to all the pretended arguments, insinuations and slanders, set forth in the said Scotish answer written a while since by a private pen, and now presented to the publick. MacDonnell, William, Sir.; Ingenious Dutch-man. 1651 (1651) Wing A3178; Thomason E643_7; ESTC R18922 48,537 72

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both to them and us what practices and mighty indeavours the Royal party hath used these many years to ingage this State against the Parliament now the Common-wealth of England What partial proceedings were there a foot All that came from the King had audience at pleasure the Parliament none The States-men of war were though mostly besides the States knowledge imployed in the service of the King and his Party as if they had been his own What would have been the issue think you if they had ingaged us to make war against the Parliament but to sacrifice our Power our Treasure our Freedome for the inslaving both the Parliament and our Selves Is it forgotten already what past here among us last Summer Had Amsterdam and the Bank of Amsterdam been but surprised once nay had but one man continued alive we should have been in a case sad and bad enough After that this danger was over and we had called the Grand Assembly together for the settlement of our Freedom they acknowledged the Common-wealth of England and resolved to send an Ambassador to them the Parliament shewed themselves so honourable and civil that they prevented us concurring with our own desires of settling both these Republicks in a posture against all that should at any time attempt ought against them They considered who was their present Enemy and how near the King of Scots was allied to him that by his late practises disclosed so much of his Designs against Holland Amsterdam and the whole State Also what special correspondence there past between these two to reduce both Republicks to a plenary Subjection Afterwards when the English had gotten the start of their Adversary by the great Victory at Dunbar Then it is to be observed that they came out of a cordially zeal and affection to deliver us likewise and to further the settlement of our State and by an union with them render us secure at home and feared abroad How and by whom the effect thereof hath been protracted hitherto is well known namely by those who still are Preaching to us that we should submit our selves under the young Prince of Orange that is to say under the sister of the King of Scotland the Guardianess of him whom they would fain force upon us for our Head and Guardian The following both Scripture and prophane Allegations and Histories registred by the Answerer are to no purpose being a thousand times refuted Gods holy Word the instinct of Nature right reason the Laws the Judgements of the Casuists the Oaths Covenants and all these are things the Parliament alledge for themselves with more reason and advantage then the Royalists Those sayings Rex non moritur Rex nulli facit injuriam are known to be rank flatteries and neither in England nor in any other Kingdome allowed of I wonder how this man durst avert such things in the face of this Republick As also that he durst call that a Sophis●●e which the States of Holland had made use of to induce the rest of the Provinces to the Acknowledgment of the English Republick viz to give unto Cesar that is the present Possessor or Incumbent that which is Cesars Why did he not first make known this subtle solution of that Sophism to Spain Portugal Venice Florence Genua France would fain come on too Did they understand the Date Caesari thus we had more reason for it As for those other allegations taken out of several Sermons I shall direct him to infinite other Sermons that were and are daily made in the behalf of the Parliament The Answerers and others wresting of the Scriptures like a Nose of wax to serve their turns is a kind of Prophanation The Memorandums he calls Monstrous things A bold expression They contain the very words set down in the Treaty of Anno 1495. and consequently the States own words delivered unto the English Ambassadors May 2 last which are not monstrous but grounded on very weighty Reason For we do plainly find that for divers years now all along the English and Scots Malignants do not only seek to imbroil us in war but labour likewise daily here to reduce us again under the subjection or Guardianship of the young Prince of Orange that needs a Guardian himself So that it seems Lex Julia de ambitu lies asleep Otherwise this State ought to rid themselves of those strangers that seek to obtrude a new Domination upon us And the English deserve our thanks for having reacht forth their helping hand thus unto us In the Rear now our Answerer falls upon the thirty six Articles and says That the same do prejudice or hinder his Kings Right to the Crown of England All the Kings and Potentates which acknowledge England a Republick do in effect the same thing But indeed neither any of those Kings and Potentates nor we our selves but the Kings ow● evill Councellors or Proceedings are the cause of all this When the Anserer the rest of his partners the Scots and Covenanters have hurried their Waggon into precipices of ruine it is past our redress To enter into alliance against those that go about to ruine our Commerce and bereave us of our Freedom as much as in them lies is both necessary and commendable If some will needs live under a King let them as for our parts we are resolved by Gods help to maintain our Freedom A League with England will not bring us into a Labyrinth nor make us subjects of Depradation and Slavery but free and secure us from both The Resolutions of Neutrality which he mentioneth are limited with conditions in case the Scots Irish and other Pirats perform Neutrality to us also All the former alliances are between the Nations so their Lord ships the States understand it so also do all the Kings and Potentates understand it that Treat here with the States upon the ancient Treaties as made in those times under the name of the Duke of Burgundy and Austria The Answerer himself implies as much above where he takes the Treaty vvith Duke Philip Anno 1495. as made with their Lordships the States and so likewise the renued Treaty with Scotland in Anno 1594. which Queen Mary had made as Governess in the Netherlands and the King of Scotland notwithstanding renued it with their Lordships Non populi propter Regem sed Rex propter populū Kings Princes enter into Treaties as Representers of the People for the peoples sake This Kings forefathers were contented with the Crown of Scotland It grieves the Scots to see themselvs involved in war about a quarrel that doth not concern them but only for the Kings sake who by Pr. Rupert and by other Pyratical ships and other ways plaguing and provoking the English did force them at last to fall with an Army into Scotland for to prevent that Kings falling into England Even so did the great Gustave of Sweden he came with an Army into Prussia and forced the King of Poland his Cousen to
we have thus briefly discussed the Point of Ambassy under the several Forms it is partly for Method sake as an Introduction to the other Chapters which follow but especially to let both the Dutch and Spaniard understand that the English have as much reason to expect justice and satisfaction for the butcheries of their two Agents as if they had appeared in as glorious and solemn an Equipage as the greatest Ambassadors in the world And truly their expectations might be the more heightned in this particular to hear from the Spaniard in regard the matter hath been so plainly laid open by a Doctor of their own of no mean rank and abilities by name Don Augustin de Hierro Knight of the Order of Calatrava and Fiscal or Attorney General of the Councel Royal in a Charge by him exhibited against the Murtherers of Master Ashcam in which Charge he thus determins it That whether the person sent lately by the Parliament of England was an Ambassador an Agent or Resident as the Murtherers term him or most properly an * Master Ashcam was verus Legaius Orator for he came saith he to deprecate Peace Or whether he were all these or any of these it matters not for any of these may style him a Legat make him deserv that title and the same security is due unto all those titles the same Priviledge the same Immunity And therefore since the same Doctor hath also very clearly proved that the Church cannot give sanctuary to the Murtherers of the meanest of Publick Ministers who are all equall in point of indemnity the more highly it reflects upon Spain that the Rights of Ambassadors should receive so high a violation and yet that there should have been so long a delay of justice upon an unjustifiable pretence against Master Ascham's Murtherers CHAP. II. That All Supream Powers in possession Jure vel Injuriâ have a Right to send Agents or Ambassadors to negotiate with Forain States and Princes BEcause upon perusal of the Printed Answerer set forth by that Scot who entitles himself the Lord Mac Donnel and Resident of the King of Great Britain it appears he will not vouchsafe our late Ambassadors at the Hague to wear the style of English Ambassadors but in his Title page disdainfully calls them the English Ambassadors as they style themselves And in the beginning of his pretended Answer nick-names them Ab-Legats in the Diminutive and calls them pretended Ambassadors as if they merited not the title of true Legats or Ambassadors it cannot be amiss therfore to shew this Scot and all the world upon what frail terms both his Lordship and the Residentship must needs stand having so aiery a foundation to support them as his Master's Kingship of Great Britain for we suppose it will be a hard matter for him to prove his Residentship till his young Master can make good the Kingship it being a Maxim received by all Civilians and Statesmen that the Right of Ambassy in all Countries as do all the other Rights of Supremacy ever follow such as are in possession Hugo Grotius lib. 2. de Jur. bel cap. 18. is very positive to this purpose where he tells you Reges qui bello solenni victi regnóque exuti sunt cum alis Regni bonis jus Legandi perdiderunt that is Kings who submit their Fortunes to the triall of a set-war and then are driven out of the kingdome by force of arms as they forfeit all other right of soveraignty so also they lose the very right of Ambassy The reason to me is evident because the chief end of Ambassies for the most part is to make Contracts and it is absurd to imagin that one man will contract with another when it is not in the power of that other to make good the Contract because there is a third Power in possession which will hinder him from the performance Now all States and Princes measure the points of Ambassy and Negotiation by convenience and Reason of State They consider not what right or wrong is done to a Brother-Prince in his title in the great Revolu●ions of Government but how to frame themselves after the motion of the Great Wheel as may tend most to the security of their own titles and advantage of their own estates For if in stead of receiving Ambassies and Addresses from Forain Powers they should first require satisfaction touching the rights of those which send then the whole time of Princes would be spent in admitting mutual appeals to and from one another to no purpose since if that were admitted there would be no end of dispute in the world touching titles which were they all ravelled to their Originals would puzzle the ablest head-pieces under Heaven to prove their equity and innocence in the Cradle Very suitable hereunto is that passage of Cardinal D'Ossat in one of his Epistles who tells you That Princes when Ambassadors are addrest to them never inform themselves of the rights and titles of those Princes from whom they are sent But whether they have possession of the Forces and Power of those places from whence the Ambassadors are imployed For it would be an endlesse task and require an infallible true History of the world which is not to be made by man if all the Ambassadors before their Receptions should be obliged first to prove clearly to the world the just right by which their masters derive those Titles and Jurisdictions which they assume to themselves Thus far it seems by reason of State that the right of Ambassy unquestionably follows such only as are in possession let us confirm it farther as briefly as may be by testimonies of Writers with the practises of States and princes both ancient modern who never used to inquire who they were that sent but whether the senders of an Ambassage were invested with a Power to command the places from whence they sent In this case they always treat with the Power but never dispute it well knowing few of their own Dominions have had an unquestionable beginning Respectu primae Causae omnia Imperia legitima esse concedo sed si quer as de causis intermediis c. All Governments saith Bodin l. 1. c. 6. are lawful in respect of the first cause viz. God but if we regard secondary causes most Governments have had their foundation upon Force and Violence which must needs be granted considering how from time to time the Sword hath given Law to all the world Whereupon the Civilians weighing that the course of Government hath run altogether in this Channel have proportioned their Maxims more suitable to the necessities and publick conveniencies of mankind then satisfactory to the reasons of private and particular men because will they nill they such must be concluded within the rules of submission to what form of Government soever shall be erected by those that cary the Sword For in this case if a Parliament or Senate that hath the Sword shall resolve one