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A50599 A Memoriall intended to be delivered to the Lords State, Monday 10 March, stilo novo to the High and mighty Lords the States of Holland / by the forraign Anabaptist Churches, upon the apprehending and giving up Colonel Barkestead, Colonel Okey, and Mr. Miles Corbet to the English resident ; written originally in Dutch, and translated into English. 1662 (1662) Wing M1690; ESTC R67 4,692 14

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A MEMORIALL Intended to be delivered to the Lords States Monday 10 March Stilo Novo TO THE High and Mighty LORDS the STATES of HOLLAND BY THE Forraign Anabaptist Churches upon the apprehending and giving up Colonel Barkestead Colonel Okey and Mr. Miles Corbet To the English Resident Written Originally in Dutch and Translated into English Laudabant hanc urbem quod omnes homines sibi praemetuentes si illuc perfugissent auxilii compotes faciebat Sophocl London printed in the year 1662. A MEMORIALL Intended to be presented to the High and Mighty Lords the STATES of HOLLAND BY THE Forraign Anabaptist Churches there upon the Apprehension and yielding up of Col. Barkstead c. to the English Resident High and Mighty Lords IT is not without great cause nor without great consideration that we make this addresse to your Lordships we have been alwayes very unwilling to give you the trouble much less the offence of any thing that concerns us further then the Publique Liberty you have professed to maintaine and which we think and alwaies judged to be the Basis and surest foundation of this happy and famous State and Commonwealth did license and indulge us We cannot but remember those inducements in our selves that we say not invitation from the Custome and Practise and Lawes of these Provinces that drew us to take up and fix our Residence here and we cannot but with all thankfullnesse of mind as to our particulars acknowledge the benefits and favours besides the Common protection we have received in this place of our sojourning by which the sorrows difficulties which attend people Exiled or otherwayes compelled to Abandon their beloved Native Countries have been greatly alleviated and lessened to us if not wholly Abated and Removed Nor shall we ever be wanting in all Humble Dutiful and Civil Demeanour in a peaceable and orderly subjection to the Magistracy set over us though falsely traduced by our Adversaries as if our Principles were enmity against all Government to testifie our gratitude to your Lordships whose Glorious and just Dominion we esteem as raised by God to this Greatnesse as having been the Asylum and Sanctuary of his afflicted and persecuted Churches But amidst these Gratulations we crave your pardon my Lords while we declare our sentiments of a late state occurrence which seems in many circumstances thereof not obliquely to point at our Condition and to endanger the enjoyment of those priviledges and immunities which have hitherto been so carefully and inviolably preserved towards all Forraigners The matter is this We understand that some English Exiles comming down out of Germany into this Province of Holland as a more convenient refuge and shelter or rather drawn hither as to a snare and trap for the near conveyance of it as to their reshipping again for England were seized on at Delfe by Sir George Downing the Resident of the King of Great Brittain by a warrant from your Lordships and secured for a while in the Prison of that City where offendors against your Laws are usually and onely ought to be kept and detained We shall not meddle with the Conditions of those persons nor the quality of their Crimes which as they are not cognisable before your Lordships will so much the lesse concern us to take notice of Onely thus far we desire to take this fair advantage and opportunity of declaring our Abhorrance Detestation of that Monstrous and Unparalleld Fact whereby the Life of that Pious and Excellent Prince King CHARLES the First of Great Brittain was so Traiterously and Barbarously taken away by some wicked Regicides in that Kingdome to the great scandal and Infamy of the reformed Churches throughout Christendome and more peculiarly imputed to those of our Profession and perswasion Every Circumstance of that impious Fact we do from our heart disclaime and with fear and trembling admire and adore the Divine Justice in overtaking that wickednesse and heaping the bloud spilt by those men upon their own heads by a miraculous restitution of the Son of that blessed Prince to the Throne of his Ancestors the extent of whose merciful disposition is justly obstructed and impeded towards those Persons But that which we have to lay before your Lordships is the naked and abstracted condition of these men as Forraigners and as they relate to us from any English Charge or Guilt whatsoever of which as before we said your Lordships are not competent Judges and indeed no Judges at all therefore quo jure or in what in latitude of equity could your Lordships first apprehend them by your Order and by your Officer then secure them in your Prison and lastly without cause shown or compeering them deliver them into the hands of the English to be sent home to their Tryall and Condemnation is our scruple In the Articles of the Union of these Confederate Provinces there is expresse caution against any such Deliveries nothing is more frequent in all the Records Registers and Acts of the several Treaties Dyets and General Councils which we forbear to recite because they are numerous and most evident nor shall we mention the reasons of those Lawes and Decrees because they are as obvious But so strict has the observation of them been that an Offender in one of these Provinces escaping into another hath thereby avoided the penalty of the Law and unlesse for great capital crimes never was remitted to the place of his Fact We shall forbear to name how from talibus initiis Roma crevit from such beginnings the conflux of all sort of loose people great Rome presently rose unto her Empire because it may seem a calumny of this State and by our Enemies be reflected on our selves But this is most certain that no small additaments of wealth and power have accrued to the Netherlands since it hath been the common receptacle of all Nations by whose joynt Arts and Manufactures as well as Arms they have improved themselves to this puissant Grandeur Nor is there any Precedent or Example of this Nature that occurs to us in all your Histories The incomparably Learned Hugo Grotius the Honour of this Country and best Judge in this case though he seems to encline to the denying of subterfuge to notorious and hainous offenders yet hath he an expedient for them which we thought fit to reduce to your Lordships Memory Such then are to be punisht or yielded or removed at least so the Cymaei in Herodotus when they neither would deliver Pactyes the Persian nor durst retain him permitted him to depart to Mitylene Perseus King of Macedon in his defence to Martius speaking of those that were said to have conspir'd against Eumenes Livy lib. 22. Lib. 37. So soon as being admonisht by you I found the men in Macedonia I commanded them away and charged them never to returne into my Dominions The Samothracians declared to Evander who had lyen in weight for Eumenes that he should quit the Temple so Rudolphus the