partly thorough the boldness of the Hollanders I have not opportunity to procure on the suddain any exact intelligence from Scotland concerning the transactions there relating to Scotland but that inquisitive person Gerard Malines informs me that after this Agreement betwixt that Crown and the Dutch that the latter should not fish within eighty miles of the Coast least the Scholes of Herrings should be interrupted King James before his coming into England did let the fishing of Scotland to the Hollanders for fifteen years If this happened to be done at such time as The Dutch sent their Embassadours to the Christning of Prince Henry A. D. 1594. We may compute the time as expired in 1609. at what time King James issued out his Proclamation enjoyning all to take Licenses It is certain that they did then very much caress that King that they presented the Prince with above 400 ounces of fine Gâ—…ld and a Deed sealed whereby the Royal Infant was to receive 5000 Florins annually out of Camp-verâ—… So saies Meteran and Reidanus A. D. 1594. And They did renew the Perpetual Treaty of 1551. betwixt Mary of Hungary Regent of Burgundy for Charles V. But it is meerly a Defensive alliance obligeth them to fish 80 miles from the Shores as appears in P. Borre lib. 30. It is certain the King could not any way alienate the Royalty of the Assize-herring by the Laws of Scotland what the King might connive at or dispense with as to Licenses or nearer approach to the Coasts in regard of the sâ—…id sum pretended to be paid to the Prince 't is more easie to conjecture then determine It were to be wished that sâ—…me Scottish Anâ—…iquary would inform Us of the Rights and Usages of Scotland concerning their fishing I am told there is a Record in Scotland whereby the Hollanders do covenant to pay K. Malcolâ—…e a Rose-noble â—…or every last of Herrings caught on those Shores As for the Irish Seas it is likewise evident that Licenses were there issued out unto each fishing Vessel and there is a Statute of the Parliament in that Kingdom under Edward IV. in the fifth year of his reign enjoyning all Fishers of other Lands to repair to the Lieutenant Deputy or Justice of that Realm for such Licenses to be obtained Moreover K. Philip the second K. of Spain and Duke of Burgundy in the first year of Q. Mary obtained license for his subjects in general to fish upon the North-coast of Ireland for the term of 21 years paying yearly for the same 1000 pouâ—…ds which was accordingly brought into the Exchequer of Iâ—…land and received of Sir Hen. Fâ—…ton being then Treasurer there as his Son Sir Ed. Fâ—…ton hath often testified Oâ—…t of all that hath been said It is evident that this effect of the Dominion of the four Seas which relates to the disposing of the fishery by giving Licenses to fish exacting other dues enacting of Laws about it doth appertain to the English as now united with Scotland and Ireland And it will appear further by the Acts of Indulgence whereby the Kings of England have at sundry times permitted other Nations arbitrarily to fish in their Seas It is manifest that none ever fished therein but by usurpation without special License or general Indult It is also manifest that there never was any Act of State by which the Seas were permitted to be promiscuously fished in by all forreigners whatsoever But to particular Nations and Corporations there have been several Indults of that nature As to the Subjects of France Henry IV. issued out his Letters unto all his Admiraâ—…s that they should not molest the French in their fishing for Herrings or other fisâ—… throughout that part of the Sea which is bounded on this side by the Ports of Scarborough and Souâ—…hhampton and on the other side by the Coast of Flanders and the mouth of the River Seine This was granted to the K. of France upon a truce betwixt the two Crowns and the â—…ine was limited for the said fishing betwixt Autumn and the first of January Moreover it appears by Records that Henry VI. gave leave particularly to the French and very many other Forreigners for one whole year only somtimes for six moneths c. to go and fish throughout the whole Sea at all times and as often c. But this Leave was granted under the name even of a Pasport or Safe-conduct yea and a size or proportion was prescribed to their Fishing-boats that they should not exceed avove â—…0 tuns It is true indeed there was a kind of consideration or condition added in these and other grants to be mentioned That such as were Subjects of the King of England might in fishing enjoy the same security with Forreigners Which was for this cause onâ—…y put into the Licenses that if the forreigners did disturb and molestthem they should loose the benefit of the Licens Also upon a truce betwixt Edw. IV. and Francis Duke of Bretaâ—…gne it was Articled that The Fisher-men of Bretaigne might peaceably and without Safe-conduct attend upon their occupation by Sea And the King of France himself in the reign of K. James and K. Charles continued as his Predecessours did to request leave for a few vessels to fish upon the English coasts near Rye and that only for provision of his houshold being tied to observe the Orders and Laws of the English fishery for breach whereof divers of his subjects have been taken and imprisoned in Dover-castle and elsewhere The Company of the old Hanse-towns in the first year of Q. Mary had also liberty to fish within the said Seas upon certain conditions as appeareth in the Chappel of the Rolls of Chancery As to the Flemmings and Netherlanders there was a Letter written by Edward the first and Proclamation made that the Hollanders Zelanders and Frieslanders being in amity with England might securely fish about Yarmouth Upon the same day in favour of the Earl of Holland and his subjects He set forth three Men of war toward the farther coast of the Sea for the safe-guard as He saith in another Letter of those vessels belonging to your our own Country that are in these days employed about the Herring-fishing c. and to guard your Coasts near the Sea Here He grants a Protection to fish and in both the Letters He limits it within the space of two moneths He alone also protected the Fishermen upon the German Coasts which by reason of its nearness He calls here your coast near the Sea in his Letter to the E. of Holland as well as upon the English There is likewise a Record that Henry VI. did by a Treaty betwixt Him and the Dutchess of Burgundy grant unto the subjects of Brabant and Flanders the liberty to fish in his Seas without impeachment or disturbance So in a truce to endure for thirty years betwixt the K. of England and his Heirs on
Sozomen hist. Eccles. l. 7. c. 2. Socrates hist Eccles. l. 5. 〈◊〉 2. Constant. August Porphyrogennet in excerptisex Jo. Antiocheno Suidas iâ—… vote 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jac. Gothofredus in Cod. Theod. l. 16. tit 5. lege 4. Sozomen l. 7. c. 2 3. Socrates lib. 5. c. 3 4 5. Jacob. Gothofredus in chronolog Cod. Theodos. A. D. 379. Socrates l. 5. c. 7. Sozomen l 7. c. 2 5. Socrates Hist. Eccles. l. 5. c. 7. Sozomen l. 7. c. 5. Jac. Gothofred dissertat in Philostorg l. 9. c. 19. Sozomen l. 7. c. 7. Socrates l. 5. c. 8. Cod. Theodos. lib. 16. tit 5. lege 6. tit 2. lege 3. Et graves quidem paenas legibus suis adscripsit haudquaquam tamen executioni mandavit Neque enim punire Sâ—…bditos sed terrere tantummodo studebat ut idem cum ipso de Divinitate sentirent Nam illos laudabat qui suâ sponte converterentur Sozomen l. 7. c. 12. Socrates Hist. Eceles l. 5. c. 10. Sozomen Hist. Eccles. l. 7. c. 12. lib. 8. c. 1. Socrates Hist. Eccles. l. 5. 20. Socrates Hist. Eccles. lib. 6. c. 8. Zozomen lib. lib. 8 c. 8. Procopius in Histor. Arcanâ ex edit Alemanni p. 51. Erant quidem Alemanne complures Christianorum Sectae quas vulgò Haereses vocant Manichaeorum Samaritarum c. Sed tamen templa fana ubique locorum possidebant Illa verò praesertim quae Arianorum furori serviebant auro argento gemmisque prâ—…sis lapidilus omni denique divitiarum opum genere incredibiliter abundabant Tho. Rivius in defens Justiaian adu Alemann p. 62. Cod. Theodos. lib. 16. tit 5. lege 21. Jacob. Gothofredus in Cod. Theodos lib. 16. tit 5. lege 39. Cod. Theodos lib 16. tit 1. lege 4 cum notis Jac. Gothofredi Alemannus in Procop. hist. arc p. 56. Jac. Gothofredus dissert in Philostorg l. 10. c. 3. Cyrill Bishop of Alexandria that See being raised â—…nto a Principallity did shut up about the same time the Churches of the Novatians at Alexandria and seized on the Furniture and afterwards confiscated all the Estate of Theopemptus their Bishop Socrates l. 7. c. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Socrates lived in his dayes Jac. Gothofredus in Cod. Theodos. lib. 1â—… tit 10. in Paratitlo Id. Ibid. tit 8. in Paratitlo Athanasius nonaginta per Libyam AEgyptum episcopi in epistolâ ad Episcopos in Africâ P. AErodius Rer. judicat l. 1. tit 6. c. 1â— Quantum inde vulnus aerariis Regis inflictum sit quid attinet dicere cùm res ipsa omni testificatione luculentius clamet Sed vincit amor fidei cupido propagandae pietatis quam sibi cum sceptris prae sceptris commendatam tuendamque suscepit Alex. Patricius Atmacan Mars Gallicus lib. 2. c. 30. Tanta fuit in Theodoricho cura ejus quam non profitebatur ipse Religionis ut optimos ei semper Episcopos daret De quo sic nepos ejus Athalarichus Cassiodor varior l. 8. cp 15. Senatui Urbis Romae Gratissimum nostro profitemur animo quod gloriosi domini avi nostri respondistis in Episcopatûs electione judicio Oportebat enim arbitrio boni principis obediri qui sapienti deliberatione pertractans quamvis in alienâ religione talem visus est Pontificem delegisse ut agnosceretis illum hoc optâsse praecipuè quatenùs bonis sacerdotibus Ecclesiarum omnium religio pullularet Recepistis itaque virum divinâ gratiâ probabiliter institutum regali examinatione laudatum H. Grotius in Prolegom ad Hist. Gotthorum Cod. Theodos. lib. 16. tit 5. lege 26. tit 1. lege 2. Socrates hist. Eccles. l. 6. c. 8. Sozomen hist. Eccles. lib. 8. c. 8. AErodius ver judicat lib. 1. tit 6. c. 15. Salvian de gubernat Dei lib. 5. Vires quae supersunt tempestivè fovendae sunt nè penitùs deficiant In extremis consilia etiam necessitate honesta fiunt ac Sinuanda vela cùm tempestas jubet Omnia maris mala naufragio minora sunt Gubernator ut aureis Curtii verbis utar ubi naufragium timet jactura quicquid servari potest redimit Puteanus in Statera Belli Pacis Alberic Gentilis de jure belli l. 1. c. 10. in commentat de jure belli p. 28. Let our pseudo-politicians mark this and they will find that the Penal Lawes are much better suspended by an extraordinary Declaration then by an Act of Parliament The case of Ship-Money briefly discoursed according to the grounds of Law Policy and Conscience presented to the Parliament Nov. 3. 1640. The ancient strength of Shipping in England heretofore considering the condition of our Neighbors did farr transcend ours of late William â—…ulbeck's Pandects of the Law of Nations c. 4. See the Plea of Chizzola for the Venetian Sovereignty over the Adriatick Sea at the end of the English Selden and 〈◊〉 Archbishop of Jadera in â—…is supplement of the History of the Usâ—…chi Joan Palatius de domin Maris l. 1. c. 8. Joan. Marquardus J. Comitus de jure Mercator l. 2. c. 5. 41. c. Leo ab Aitzma p. 177. Jo. Loccenius de jure marit l. 1. c. 4. 10. Meminerimus etiam atque etiam claudum esse Imperium si non maris sit Imò Imperium maris imperare terrae quoque Alberie Gentilis disput Regal 2. Flores Historiar Radulfus Cestrensis Matheus Westmonasteriensis â—…um oram maritimam praedonibus liberasset Imperium maris populo Romano Restituisset Ex Asiâ Ponto Armeniâ Paphlagonia Cappadociâ Ciliciâ Syriâ Scythis Judaeis Albanis Iberiâ Insulâ Cretâ Bastarnis super haec de Regibus Mithridate Tigrane Triumphavit Plinius nat Hist. l. 7. c. 26. Gambden's Elizabeth An. Dom. 1561. Lord Bacon in his Answer to a Libell published in 1592 c. 7. Id. ibidem c. 2. Stat. de an 2 3 Ed. 6. c. 36. Philippus Honorius Praxis prudentiae Polit. pag. 466. Id. Ibid. pag. 202. Disquisit Politic cas 19. Ibid. Disquisit 41. Machiavel discurs l. 1. c. 8. id Ibid. c. 31. Alberic Gentilis de jure belli l. 1. c. 9. Clapmar de arcan â—…ip l. 4. c. 21. Machiavell disput l. 1. c. 4. Daillè de usu patrum l. 2. c. 6. Chillingworth against Knot ch 5. Sect. 96. Albericus Gentilis de juâ—…e belli l. 1. c. 9. See the Oration and Memorials printed with the Declaration of War 1652. See the Declaration and Anâ—…ers of the Council ofâ—… State â—…652 Adrian Pauw in his Memorial tendered to the Council of State ibid. MSS. Comment of the Treaty and Arâ—…icles betwixt the English and Dutch in 1653. Leo ab Aitzma hist. trac pacis Belgicae p. 841. De mari piscationâ—… mentio fuit de iis ante omnia conveâ—…endum c. Leo ab Aitzma p. 845. This is expressed in his Memorial given in to the Council of State and printed with the Declaration MSS. Comment Leo ab
Dutch to assist England in case that France should turn its Forces upon these Kingdoms Neither could He demand any Aid by the League of Guaranty except his most Christian Majesty did Declare and make it to APPEAR that He Invaded the King of England on purpose to revenge his entring into the TRIPLE ALLIANCE for the defence of Flanders At the same time his Majesty had notice of the secret Applications and Overtures which the Dutch had made unto the Crown of France and He perceived how dangers multiplied every way upon Him that the Source and Original of all these Perils was the Ambition and Treachery of the Hollanders and the implacable Animosity of the De Wits against England and that if He did not by some suddain Councils secure Himself that Winter his Affairs would be but in an evil Condition in the succeeding Spring The Dutch had of a long time formed a Design to ensure themselves of the Universal Empire of the Seas and to give Laws thereon to all Princes and States in point of Traffick HOW AND WHETHER THEY SHOULD TRADE These Projects had been insinuated into the People by Mr. Schookius one of the Professors at Groninghen and were the Dictates of in the States General Their Actions in the East and West Indies Russia and the Baltick Sea were evident Arguments of such Intentions Their Annually building a determinate number of Capital Ships their driving upon our Fisher-men and spoilling their Fishing within the proper Seas of his Majesty Their Attaquing of forein Ships under the Protection of our Castles and Ports their Attempts upon the Navy of the pretended Parliament in the Downs and the Burning of our Ships at Chatham when a Peace was even concluded were all Results and plain Consequents of the said Design Now it seemed they would finish it as to the English and consequently upon all Europe by their great preparations of Capital Ships and others which though purposed against France yet had their influence and carry terrour amongst all their Neighbours And the refufal of the Flag was but a Degree towards those demands which ensued That his Majesty should relinquish his usurped Dominion of the British Seas His Majesty had already yielded at Breda enough to satisfie a moderate Ambition but where the desires are boundless those concessions become ineffectual which are not proportionate thereunto If he entred into a New Treaty who could ascertain Him where the Hollanders would begin or when they would end Their consultations are generally slow and most commonly dilatory Who knew how they would protract time in this Juncture and draw Advantages thereby from the necessities of his Majesty It seemed evident that his Majesty must make as great preparations to procure a tolerable Treaty from them as to make War upon them and in the mean space whilst We pursue no oâ—…her aims then a sirm Defensive League with the Dutch and remain separate from France who can Imagine otherwise then that the Dutch would to Crush the Rising Power of England and to busie France prosecute the Overtures privately and contract an Offensive League with his most Christian Majesty What straights his Majesty had then been reduced unto the most Vulgar capacity can apprehend But to gratifie the Credulous and Ignorant suppose his Majesty had prevailed with the Dutch for a speedy and real Treaty which He could not by his Embassadour Sir G. Downing Is it not now visible which the Elevated Spirit his Majesty did easily foresee That they would demand of us to Relinquish the Dominion of the Seas Which if he had assented unto what Debates would it have occasioned amongst the Lawyers and in Parliament con-the giving up of such a Royalty What anger and discontents would it have excited in the Breasts of all his Subjects to see so much of Pusillanimity in the King and Court and to find themselves their Families and Estates exposed as a Prey to any Invader who might sail our Seas and possess our Ports and Territories without giving any warning and Fish upon our Seas without our License Nothing is more clear and certain then that His Majesty must have lost the Love of all His Subjects to purchase the suspitious Amity of the Hollanders I call their Amity suspicious because they never observe any Articles how solemnly soever ratified beyond their Interest and pleasure And who knows but They might have imagined it their Interest to prolong a War with France until the expense thereof had exhausted England Is not Mony the Nerves of War and is it not in long Wars as in long wrestlings and scuffles where the Victory depends upon the strength of the sinewes Is it not likewise evident that upon so tedious a War the King of England must have been reduced to the same condition as if He had been vanquished by France The Dutch would thereby have survived as Masters of the Sea by the power of their more numerous Fleets and his Majesty have been necessitated to an unseasonable breach with them not being able to perform Covenants or to pawn the Isle of Wight which upon an exigency they desired as a Mortgage from Cromwell or Portfmouth or Plimonth or Hull or All. Let us but remember that the defensive Articles must have been renewed and calculate what the annual expense of forty Ships six thousand Foot and four hundred Horse amounts unto and observe that We should pay them and not be reimbursed till three Years after the War is ended Let us but ruminate hereon and think how the Dutch served Queen Elizabeth upon the like Articles and all the precedert Evils will seem no futile apprehensions and dreams I know the present humour of the Nation there is not a Fop or Simpleton but is a Statesman and esteems himself wise enough to censure the Actions of the Privy Council and to agitate in a Caball would the King but vouchsafe Him a place in His Cabinet Let any of those profound Polititians but phansie themselves Embassadours to negotiate with the Dutch in such a Treaty as is related hereaster betwixt the pretended Common-wealth and the States General and I am confident that as vain as They are there is not one will say He could have concluded it with expedition And if so these men may forbear to condemn their King for not involving Him self in tedious and uncertain Treaty with these perfidious States at such a time when it was necessary for Him to fix unto some Resolution speedily In February indeed the Dutch did send over a Latine Memorial penned by De Wit and delivered by Boreel but it is so dubious and Equivocal that no wise Man can think such a Paper a sufficient ground for a Treaty They modestly offer to strike the Flag and lower the top Sails of their Fleets to single Ships of Ours in token of honour and respect to their good Ally not as it is His Right as long as we shall adhere to the defensive Articles And that we shall
with the dictates of humane Policy It is now no less requisite unto the Clergy that the Nation be puissant populous and rich then it is unto the Layety and the common interest of all is that the Monarchy be supported and Rents duely paid But these ends could not be accomplished without the Declaration aforesaid As to the Divisions in these Kingdomes the Sects and Heresies which distract and afflict the Church His Majesty is innocent as to their original and progress Inimicus homo fecit haec He did not make them but found them and from Holland they were constantly fomented His Majesty not only by His Royal Example but by sundry Acts of Parliament and reiterated endeavours for the space of twelve Years hath laboured to compose the affairs and promote the interest of the Church of England And perhaps if all others in their proper Sphears had contributed as much to the removing of Scandals and re-establishing of the Peace of the Church there had not been any need to exchange the wayes of Coercion for those of Toleration But since those pious intendments of His Majesty have been frustrated so long partly by the negligence and other defaults of some and the untamed obstinacy of the Sectaries it seems the dictate of ordinary Wisdom rather to endure then attempt the healing of inveterate Ulcers and to continue them as running Sores rather then to endanger the whole Body by amputation or violent Remedies It is apparent that this Nation doth want Men to carry on our Trades at home and Merchandizing abroad And if we consider how requisite it is unto the common security that the Naval strength be always great and that the Fishing be resumed nothing can be more clear then that we ought by all possible means continue amongst us the People which we already have and invite in hither also what Numbers we can of Foreiners We do not live in the new Atlantis nor have we for our Neighbours the Natives of China who desire not to enlarge their Domions nor any such Potentates as have made a decree not to encrease their Territories Our Shores are washed with the British Seas the United Provinces and France are our immediate Neighbours Ever since the days of John Olden Barnevelt unto the Reign of John de Wit the Hollanders have been constantly undermining our Reputation and our Trade and our long sufferance had so far imboldened them as that at length they doubted not by open force and Clandestine machinations to effect our ruine or reduce us under their protection Had we been at the same time attacqued by their Fleets and imbroiled by domestick Commotions what would have been the condition of our State and Church If there be no Trading how little will the difference be betwixt the alienation of Church-lands and the receiving no Rents from them In fine let the Clergy consider how they are better provided for by his Majesties Declaration then they would have been by the Pensionary of Holland and any Placart of the States General and they will see just cause to acquiesce in and magnify that Prudence which hath preserved the Nation that Prudence whereby our domestick Peace is ensured our Trade and Strength pnt into a possibility to be advanced and whereby His Majesty hath obliged the Non-Conformists unto His Service whom the Dutch presumed upon as their Friends and had rendered as it were their Pensioners by their joynt Trade and the sums of money which had been remitted to Amsterdam Whereupon they seemed to be the most fitting Instruments and were treated with in order to the involving their native Country in another civil War It is certain John de Wit omitted not any artifice or suggestion that might conduce unto these ends That Faction did not propose to themselves a generous War the issue whereof might be an honourable and lasting Peace but such a one as should end in the desolation of these Realms and final subjection under them Less would not secure unto the Dutch the universal Trade and the passage through our Chanel for their East-India Ships whose Voyage by Scotland they complain of as tedious expensive and dangerous Not would the malice of the de Wits satisfie it self with any more moderate terms then the ruine of His Majesty of His Royâ—…l Highness and the Court and a total alteration in the Government The Pensioner the better to inveigle the English pretended that they had no quarrel with the Protestants of this Nation they beheld them as dear Brethren and begged they would either divert His Majesty from this War or pray to God to confound His Counsils that the Advisers of this War were the common Enemies of both Nations and from the insinuations of John de Wit came that vulgar jealousie of the designs on Foot to introduce amongst us a change of Religion and an Arbitrary Government by this War with Holland But those they treated with did not prove such absolute Phanaticks as the great Minister of the States of Holland did imagine they would Experience had shewed them how difficult a thing it was to overthrow an hereditary Monarchâ—… and how impossible it was for a Nation inured to Monarchy divided in interests discriminated by degrees of honour debauched in its manners irreconcileable in its factions to retain its liberty though Fortâ—…ne upon any accident or attempt should dissolve its present Monarchy They did consider the general treachery of Men and the particular Impostures which their own Partisans had deluded them by heretofore nor could theâ—… upon the most diligent enquiries propose to themselves any Person in whose hands they could wish the Conduct of affairs entrusted rather then in those of His Majesty of whose Prudence Generosity and Clemency they had seen so great and unexpected Trials They knew that the Dutch hated the Phanaticks by reason of the dammages they had received by them in the War 1652 1653. And that they would never endure England to be modelled into a Republick especially under the leading of the Phanatick Party Nor could they believe the design feasible upon this account though the beginnings should happen prosperous that all new Governments are weak and there being two such potent Neighbours adjoyning unto England it seemed unimaginable that they should be Passive in the business and neither of them endeavour to possess themselves of all or some of these Realms and draw to themselves so great and facile advantages as such a revolution would invite them unto Upon such considerations besides that regard to the honour of old England which nothing can obliterate in any English Soul those generous Phanaticks who were most of them removed out of the Dominions of His Majesty did abominate the enterprize discovered the Plots of the Lovesteine faction and prepossessed their Friends against the artifices of the Dutch and fixed them unto the service of His Majesty and of their native Country This deportment of that supposed Faction created in the breast of his Majesty better
Sentiments concerning their Persons then some of Saturnine Constitutions and petulant Wits could approve of It did then appear unto the Soveraign judgment of our most discerning Prince that there was not in those Men such an inveterate Animosity against Monarchy such an hatred towards his Reign such a rest-less Spirit as some rash and impolitick Men had inculcated every where It was manifest then that those heats which Youth unexperiencedness intemporate and inconsiderate Zeal Ambition or Covetousness had bred in those men were by Age a better discovery of the vanity of precipitous Counsils and the false-hood of pretenders to the publick good Liberty and Religion so abated and allayed that He might presume confidently to employ them in His Service whom neither the rigour of penal Laws nor the insolent deportment of their Enemies in their discourses and writings contrary to ordinary discretion the Laws of Christian Charity and the Act of utter Oblivion could force into a confederacy with the Dutch If their malice against the Church if their covetousness to regain the Ecclesiastical and Crown Lands had been such as it was boldly represented certainly in this juncture and with the ready assistance of John de Wit those so turbulent Persons irritated by so many and so bitter Contumelies would have embraced designes consonant thereunto His Majesty being very well satisfied with the services which some of that Party had done Him and which many others were ready to do and being desirous to engage them universally unto the defense of His Crown and Dignity when the implacable and restless malice of His Enemies did necessitate Him to employ all His care and all possible Provision against their secret and desperate complotments He issued out that Declaration March the 15th 1671. to all His loving Subjects wherein He exempted all sorts of Non-conformists from the execution of the penal Laws against them but with such a Declaracion of His reverence for the Church of England such a regulation of the Non-conformists that whilst His Majesty expresseth himself to be the common Father of His People at the same time He demonstrateth himself likewise a zealous and perfect Son of the Church He revives the Primitive Policy of Constantine and acteth like a Bishop over those that are without whilest he defends and owns the Orthodox Bishops over those that are within The Judgment of the Church of England in Her Homilies concerning the foure first Centuries of Christianity FOr three hundred years after our Saviour Christ the Christian Religion was most pure and indeed Golden Constantine was a Prince of good zeal to our Religion Homily III. against peril of Idolatry In those dayes which were about four hundred years after our Saviour the Church was much less corrupt and more pure then now Homily II. against peril of Idolatry In the Act of Parliament against Conventicles there is this Clause inserted Provided that neither this Act nor any thing therin contained shall extend to invalidate or avoid His Majesties Supremacy in Ecclesiastical affairs but that His Majesty and his Heirs and Successors may from time to time and at all times hereafter exercise and enjoy all Powers and Authorities in Ecclesiastical affairs as fully and as amply as himself or any of his Predecessours have or might have done the same any thing in this Act notwithstanding This Proviso puts me upon a necessity of researching into the Ecclesiastical Constitutions of the Royal Predecessours And I am sure that Constantine the Great was one of them who was not onely born in England but began His Reign in this Realm and did in a mauner as Selden Avows transfer the Roman Empire unto Britain The Imperial Crown which the Kings of England at present wear did descend unto them as being Successors of the said Constantine He began his Reign Anno Dom. 306. and continued until 337. He was and is esteemed of by the Church as an Apostle and sometimes so styled also the Apostle amongst Kings or one equal unto the Apostles Euseb de vita Constantini M. l. 4. c. 60. cum notis Hen. Valesii His President His Authority is so much the more illustrious and great by reason of the Century in which He lived And for so much as that the Christian Church deriveth it's first Settlement and the Hierarchy its lustre from His auspicious Conduct and Decrees I shall therefore particularly relate the Transactions of His Age in order to the composing of Sects more violent more dissonant more lewd and not less obstinate or numerous then those which distract these Kingdomes And because those Emperours which did succeed Him immediately lived in those dayes whereon our Church bestowes the aforesaid Elogy and since they contributed as much by their proceedings unto the Peace and Tranquillity of the Orthodox Christianity as Constantine did as also their memory is not less reverenced by the Universal Church I shall add an account of their deportment The Declaration of Constantine the great concerning a general Indulgence I Do desire O God that all thy People should live in Peace and free from dissensions out of a regard unto the common good of Mankinde Notwithstanding let those that are deluded enjoy the benefits of peace and quiet equally with those that believe For this Regulation of Men under a mutual Amity is an effectual course for the reclaiming of them unto the right way Let no man molest another Let every man follow his own judgement Only let well-meaning Persons believe that they alone live holily and purely who are regulated by the holy Lawes and they who with draw from their assemblies Let them pursue their false Deities since they will have it so We are possessed of the truth which thou hast revealed unto Us and we wish them in the same condition that they might participate in the satisfaction which would arise from the general Unanimity of the Empire Thanks be rendred unto thee most great God and Ruler of all things for the more that humane nature discovers it self in a diversity of judgements and interests the more will the true Religion be confirmed in the minds of its Followers But whosoever will not be cured of his Errors let him blame none but Himself For the way to recover him is publick and obvious unto him But let every one have a care left they injure that Religion which doth manifest it self to be blameless and unspotted wherefore let us all make use of the benefits tendered unto us keeping our Consciences free from what is contrary thereunto But let no man prejudice another for being of another per swasion But whosoever understands any thing let him if possible communicate it to his Neighbour If it be not possible to prevail then let him alone For it is one thing for a man voluntarily to pursue the race for immortality and another to compel him by penalties thereunto I have insisted hereon more largely then seemed to my purpose because I would not conceal
prudence and piety there is not any of their projects no nor all of them summed together which may compare with the Declaration of His Majesty in order to the preserving at present and re-setling for the future the Church of England If the Primitive Emperours did publish their own judgments concerning the Orthodox Church thereby to insinuate unto their subjects which way they wished and desired them to conform their Opinions If they did extend several priviledges and emoluments of Revenue and Legacies unto the Catholicks which the Sectaries were not to receive Behold what His most Sacred Majesty doth declare In the first place We Declare our express Resolution Meaning and Intention to be That the Church of England be preserved and remain entire in its Doctrine Discipline and Government as now it stands Established by Law And that This be taken to be as it is the Basis Rule and Standard of the General and Publick Worship of God and that the Orthodox Conformable Clergy do receive and enjoy the Revenues belonging thereunto and that no person though of a different Opinion and Perswasion shall be exempt from paying his Tythes or other Dues whatsoever Hitherto the Ancient Politicks concur with the modern prudence of His Majesty yet there is this advantage on the part of the Church of England above what the Primitive Christians had that the Revenues of the Conformists are better settled and greater by far then the Nicene Fathers then the Hillary's the Basil's and the Nazianzen's could pretend unto And the power and dignity which our Bishops hold as Spiritual Lords not to mention their influence upon the subordinate Clergy hath nothing parallel to it in the four first Centuries except we should seek for particular instances in Rome and Alexandria Here are no Pagan Pontifices Sacerdotales Agrorum Hierophantae c. to rival much less transcend them No Jewish Patriarchs Primates Archisynagogi c. that equal them in Titles and are to be respected and exempted by Franchisements equal unto theirs The common Schools and Universities are not now as Athens in the time of Nazianzen and generally the Professors and Sophistae devoted to Gentilisme but managed by the Church The Parliament as of old the Senate doth not consist of Paynims or Arians c. Those which sway in our Councils and in the Magistracy are now no such kind of Men as heretofore From whence it is easie to conclude that If the Orthodox Church did advance it self in the Primitive Ages amidst those circumstances there is no fear that the Church of England which takes that Antiquity for its pattern as to Doctrine and Discipline should be ruined amidst much better conditions His Majesty doth further adde That no person shall be capable of holding any Benefice Living or Ecclesiastical Dignity or Preferment of any kind in this Our Kingdom of England who is not exactly Conformable This is conform unto the Presidents of Constantine Theodosius c. who did require an exact Subscription to the Niâ—…ene Council Thus Athanasius and S. Hilary c. urge an unalterable Conformity to the Decrees of the Three hundred and eighteen Bishops at Nice From thence the Fathers never would reeede And when the Emperour Constantius at the Councils of Sirmium Ariminum c. had formed sundry Comprehensional Creeds whereunto both Arians and Catholicks might saving their sundry judgments subscribe the best of the Fathers totally rejected the contrivance and those which out of a desire for the Union of the Church had assented thereunto did soon repent themselves for thereby the Orthodox Church received extraordinary prejudice The Nicene Fathers and the Catholicks seemed to have condemned the practices of their Chief Prelates and of themselves in making so great a Schisme and fulminating out Anathema's against their Brethren for needless words and forms which the Church might want and which they now expunged The Arians triumphed every where as Victors the whole World seemed to follow them and the rest appeared to be justly exiled and scorned who had raised such Divisions and Animosities in the Church and State about Trifles Hereupon the Comprehension was utterly dissolved and never resumed again in old Christendome as the most foolish and impracticable design that could be Upon this precedent did the D. of Saxony rather proceed by a special form of Concord then by any General and Comprehensional course â—…hus did the Calvinists in the Synod of Dort The Romanists in the Council of Trent Q. Elizabeth in her Subscriptions Thus have all wise Princes done except Charles V. who by an ill-favoured Interim tried the other way but with so bad success that 't is no president for His Majesty How Orthodox soever the Novatians were yet were they ranked alwayes amongst the Hereticks and Schismaticks nor did the Church ever project a Comprehension for them It is true the Primitive Emperors did grant them the same priviledges with the Catholicks which I believe did help to continue their Schisme so long But herein the Judgment of His Majesty seems more clear and elevated in that He doth not imbolden any Pretenders unto Orthodoxy to be Schismaticks by communicating with them His publick favours c. equal emoluments with the true Sons of the Church of England As we do now reckon all Separatists whatever under the Name of Non-Conformists albeit they differ as much as Novatians Basilidians and Manichees so did the Antient prudence esteem them all Hereticks and Schismaticks And if the hopes of preferment if the honour of a publick Church be not motives sufficient to make some men Proselytes to the Church of England It is rational to think that the being indiscriminately mixed in such a loathsome company and character may operate upon the minds of many to abate of their preciseness It follows We do in the next place Declare Our Will and Pleasure to be That the Execution of all and all manner of Penal Laws in Matters Ecclesiastical against whatsoever sorts of Non-Conformists or Recusants be immediately suspended and they are hereby suspended His Majesty herein writes after the Copy of the Primitive Times The Penal Laws are suspended the Defaults the Heresie the Schisme are not authenticated The punishment is taken off the guilt is not None is encouraged hereby unto Separation but indulged if he do separate They are still Non-Conformists to the Church of England They are still Recusants as to the Law They may assemble publickly but 't is under this ignominious denomination What power properly belongs to the Church is entirely reserved unto it by His Majesty Ecclesia enim jus Judicii habet Imperii minimè They are Spiritual Fathers and Judges their Authority their Censures are not suspended The Parliamentary and Secular Laws are invalidated for a season which is conformable to the Ancient Proceedings It is not declared that They are not Hereticks or Schismaticks but that They shall be tolerated though such It is one thing to encounter an Heresie or Schisme
â—…ind in your own reason an Apology for our being resolute in this point you must needs be convinced that We ought not to abandon a Ceremony which is of so high concernment It is no policy to attempt the change of inveterate customs and usages Even errours and abuses are upon this account legally tolerated Let us then so adjust the matter Let Equity and all those inclinations you express for Us as Neighbours English-men and partakers of the same Faith induce you to continue those Honorary respects to the Ships of war of this Nation which All the Neighbour-States and Princes and which you your selves and your Progenitors have constantly exhibited Which you may do without detriment or disgrace But We cannot for bear to demand without our unspeakable prejudice Private persons move in another Sphear and act by other Rules then Soveraign Powers The regards of Credit with them may oftentimes yield to those of Utility or other Motives the publick receives little of injuâ—…y thereby nor is their wisdom questioned for such punctilio's if they relinquish them for other emoluments or peace-â—…e But Soveraigns cannot transact so Their Subjects The People participate in their Honour and Indignities They have a propriety a direct Right in the former Soveraigns cannot alienate or suffer their Honour to be impaired because it is not really Theirs it appertains to the Nation universally and They are all effectually injured by such transactions either because the Indignity doth directly extend unto them or because the Government and Authority is thereupon weakned and prejudiced which is the greatest of Civil detriments that can befall a People though ordinarily they are not aware thereof As prudence doth thus distinguish betwixt the demeanour of private and publick persons So doth Châ—…istianity it self for albeit that the Gâ—…spel-precepts do oblige particular persons to bear injuries and contumelies with patience and to surrender even the Coat as well as Cloak yet is not this so to be construed as if even private Christians were to yield up their Civil rights to every insolent that would encroach upon and usurp them or that they were to deprive themselves of those reâ—…arations which the Law and Government affords them Neither is it so to be understood as if the Civil Magistrate in Christendome might not secure himself of that obedience and reverence which is due â—…nto his dignity but bear the sword in vain Do not therefore go about to teach Us patience that you may more easily wrong us Do not insinuate the concerns of the Frotestant Churches the interest of Religion the Evangelical rules for peace and brotherly love that You thereupon may deprive Us of our Rights destroy our Fleets ruine our Trade and either subject Us to Your States or render Us a facile conquest for any invader Hither to We have acquainted you with the value we ought to place upon the Right of the Flag were it only an Honorary salute with what prescription we claim it and with what injustice you refuse it We now adde that The English Nation did never regard it only as a Civility and Respect but as a Principal Testimony of the unquestionable Right of this Nation to the Dominion and Superiority of the adjacent Seas acknowledged generally by all the Neighbour-States and Princes and particularly by You and Your Predecessours besides many most authentick Records and undeniable proofs together with a constant practise in confirmation thereof Yet did a Captain of yours refuse it affirming that If He did it He should loose his Head Your Vice-Admiral denied it to the English Admiral and menaced such as rendered that submission to our Ships We do not upbraid you with meer incivility in this procedure though the grandâ—…ur of England and the obligations which the United Netherlands have to thâ—…s Nation might contain you from being rude It is the absolute and substantial Soveraignty of the Brittish Seas which on our parts by such a deportment as the striking of the Flag or Topsail to our Ships on those Seas is required to be acknowledged and so hath been for many hundred years understood agreed unto and acknowledged by the Nations of Europe Would you know the extent of this Maritime Dominion our English Laws have alwayes reckoned upon the Four Seas Such as are â—…rn thereon are not Aliens and to be within them is to be within the Ligieance of the King and Realm of England The Records of Parliament in the dayes of King Edward III. and Henry V. proclaim it that those Kings and their Progenitors had ever been Lords of the Sea And God forbid that ever there should be any Parliament in England that should consent to erase those Records or cast dirt upon them by renouncing the Soveraignty asoresaid In the Records of the Tower there is a Libel relating to the times of Edward I. and Philip the fair of France in which the Procurators of most Nations bordering upon the Sea throughout Europe as the Genoâ—…ses Catalonians Almains Zelanders Hollanders Frieslanders Danes and Norwegians besides others under the dominion of the Roman-German Empire Allâ—… these joyntly declare That The Kings of England by Right of the said Kingdom from time to time whereof there is no memorial to the contrary have been in peaceable Possession of the Soveraign Lordship of the Sea of England and of the Isles within the same with power of making and establishing Laws Statutes and Prohibitions of Arms and of Ships otherwise fâ—…rnished then Merchant-men use to be and of taking surety and affording safe-guard in all cases where need shall require and of ordering all other things necessary for the maintaining of Peace Right and Equity among all manner of People as well of other Dominions as their own passing through the said Seas and the Soveraign Guard thereof Out of this Libel we deduce that The Kings of England had then been in peaceable possession of the said Dominion of the said Sea of England by immemorial prescription That the Soveraignty belonged unto them not because they were Domini utriusqâ—… ripae as when they had both England Normandy and so were Lords of both Shores For Edw. I. at this time had not Normandy but that it is inseparably appendant and annexed unto the Kingdom of England Our Kings being Superiour Lords of the said Seas by reason as the said Record speaketh of the said Kingdom And since that the Soveraignty of the Sea did appertain to the English Kings not in any other Right then that of the Kingdom of England you cannot doubt the Title by which Our present claiâ—… is deduced 'T is in right of Britannia that We challenge it 'T was in that right the Romans held it This claim justified K. Edward III. and his Rose-nobles Though there are other reasons regarding to the Lancastrian line which yield a colour for the use of the Portcullis in the Royal banners of England yet as we read in reference to his
your Trade the result of your Industry But the vast commerce you have not to tell you of the Fraud and outrages upon the English merchants is principally supported by un-licensed enâ—…ment upon Our Territories The Law of Nations obligeth you to be just to every one and not to enrich or otherwise strengthen your selves by endamaging others According to the vulgar saying of Pomponius Neminem debere cum alâ—…rius damno locupletari and that of Tryphonimus Ex aliend jâ—…cturd lucrum haurire non opâ—…riet We do not desire you to fish upon our Seas But if you will reap any profit out of them common reason obligeth you to a reciprocal acknowledgment of the kindness and it is but just that you submit to the Taxes and Conditions to be imposed in case you desire to draw unto your selves the emoluments The common maxims of State do authenticate our proceedings if we totally interdict you them and it is an Argument of our respects to you that we offer you to fish therein upon such terms that the profits which accrue to the States-General out of the said Fishery be transferred upon Us to whom They duly appertain For the Soveraignty of those Seas doth belong unto England by immemorial prescription continual usage and possession the acknowledgment of all our Neighbour States and the Municipal Laws of the Land An Account of the English how They were tortured at Amboyna A. D. 1622. on Sunday Febr. 16. old style at which time they were in Amity by solemn League and Copartners with the Dutch in that Trade Having thus martyred the poor man they sent him out by four blacks who carried him betwixt them to a dungeon where he lay five or six dayes without any Chirurgeon to dress him until his flesh being putresied maggots crept from him in a most loathsome and noysome manner Thus they finished their Sabbath-days work and it growing now dark sent the rest of the English first to the Smith's shop where they were loaden with Irons and then to the same dungeon where Clark and the others already tormented lay with several Japoneses whose ulcers were likewise putrefied Thus ten English of the East-India Company no way subjected to the Hollander were tortured more or less according to their courage and obstinacy until they had confessed themselves guilty of a Plot wherein ten English without Arms without any possible assistance from any other English Factory by the aid of ten simple Japoneses designed to surprise the strong Castle of Amboyna guarded diligently by two or 300 Dutch souldiers besides as many more Free-burghers in the Town and which might be easily relieved or re-taken by their neighbouâ—…ing Castles well manned which the Dutch had in the same Island After this the Dutch Governours met and before sentence earnestly called upon the name of the Lord that He would be pleased to be president and predominant in every one of their hearts in this their sorrowful Assembly and that He would inspire them only with that which might be judged expedient and just c. Then they adjudged them to be beheaded They were carried to execution not the ordinary way but round about in a procession through the Town the way guarded with five Companies of Souldiers Dutch and Amboyners and thronged with the Natives of the Island that upon summons given the day before by the sound of Drum flocked together to behold this Triumph of the Dutch over the English They all at their deaths professed that their confessions were false and extorted from them by the teâ—…ours of the Torment and disclaimed that unimaginable and unseasible conspiracy But the Plot was on the Dutch-side that they might hereby possess themselves of the Spice-trade and as Iezabel caused a Fast to be kept before judgment against Naboth so did the Hollanders in this case King Iames demanded satisfaction for their blood they being neither guilty nor Subjects to the Dutch nor within their Dominions neither if they had been were they proceeded against by the rules of Holland Their Iudges had no jurisdiction over them the proceedings were arbitrary and barbarous such as none of humane race much less Christians would execute against the greatest Criminals but these insolent ingrateful unchristian Netherlanders Yet no amends could that King obtain for the murther of his Subjects or the damage which the Company had suffered by confiscation of their Goods The matter was put off with delayes until 1624. And then the States desired 18 moneths time for the recalling of the Actors of that bloody Tragedy but in the mean space King Iames dyes and King Charles I. succeeds the Dutch instead of disgracing or imprisoning Harman van Speult Governour of Amboyna receive him with great honour and triumph at Iacatra and instead of sending him to Europe according to the directions and command of the States General in a Letter conveyed thither by the English they made him chief Commander of a Fleet of Ships sent from thence to Surat and instead of making any restitution or reparation to the English which was promised and pretended they possessed themselves of the whole trade of the Moluccos Banda and Amboyna about 1632. some of the Iudges at Amboyna returned into the Low-Countreys where they lived free and well countenanced and were never punished by their Superiours The remonstrances of K. Charles were ineffectual and he had employed his Arms for reparation but that the controversies about Ship-money retarded his Naval strength and the succeeding troubles in Scotland and England totally disappointed him The losâ—… our Company received at Amboyna Banda and the Moluccos amounted to 48900 l. 15 s. besides other damages The pretended Common wealth by their Embassadour at the Hague demanded ample satisfaction for all the losses of the East India Company and withal judgment against those that had so murdered the English at Amboyna some whereof were then present in the States provincial of Holland In their Articles they inserted one to this purpose and it was agreed to under Cromwel But he to establish himself the better by indulging the province of Holland his dearest confederates did not enquire into the affair having only proformâ and as it were for his credit inâ—…ted on that Article or acquiâ—…ing in the Retroacts of the Dutch whereby they offered to justifie the procedure the which Retroacts were printed in Quarto 1633. and disproved by the East-India Company at the same time Those Retroacts were no secret in this Nation being published verbatim with the Answer They which first urged the Article were not ignorant thereof and Cromwel himself was satisfied with the illegality of the Action until he abandoned the regards of his Conscience to those of his Ambition and Interest O mites Diomedis Equi Busiridis Arae Clemâ—…es Iam Cinna pius jam Spaâ—…ace lenis Cuâ—… Batavis collatus cris FINIS M. Schoockius de imperio maritimo c 30. urgeâ—…t apud pleâ—…em cultum cujusdam divae quae