friendly assistance as well by Sea as by Land and prohibiteth any Treaty and Alliance to be made with the Rebels and the Enemies of one another Whose undoubted right according to Gods sacred word the Lawes and the Fundamentall Constitutions of the Kingdom of England as Rex non moritur c. is firmly radicated in his Majesties Person however he by violence be kept from it Non unquam perdidit ordo Mutato sua Jura loco In so much that the ancient Romans by the light of nature did refuse to enter into any Alliance with Nabis the Vsurper of Lacedaemon but continued the same with the Just and lawfull King Pelopides Amicitia societas nobis nulla tecum est saith Tit Quintius in the behalf of the Roman Empire apud Livium lib. 34. Sed cum Pelopide Rege Lacedaemoniorum justo ligitimo facta est Finally against the renewed Treaty in the year 1550. December 15. made at Bins in Henegow called the Perpetuall Treaty betwixt the tutors of Mary Q of Scotland in her minority and Queen Mary of Hungary Regent for Charls the fifth in the Low-Countreys renewed again in solenni forma word by word at Edinburgh 1594. betwixt King James the sixth and the High and Mighty States after the Baptisme of the Late Prince Henry his Majesties son celebrated at Sterling In the which it is promised and agreed upon inviolably to maintain and preserve mutuall friendship one with another for all ages to come and as farre as in them lay to prevent and hinder any dammage that may befall either of them that they shall Trafique in safety and security and likewise that they shall assist each other with Ships and all sort of Ammunition as may be seen at length in the Treaty it self inserted by Peter Borr in his 30 book But how opposite this is to their 4 5 and 31 Articles propounded to your Lordships appeareth clearly out of the words there contained where they not onely deny to the King and his Subjects privativè all favour friendship and provision of War but likewise endeavour to obliege your Lordships De facto to infest and make war upon them as having now no other Enemies as they themselves give out but Scotland But expecting better things of the High and Mighty States and a Religious observation of all Treaties Resolutions Protestations and Declarations Your Lordships are intreated not to give ear to the said Propositions and Memorials as also that the said 36 Articles perishing in their birth may not be taken into any further Consideration The Lord will reward every one according to his works and I wish that he may ever bless the High and Mighty States with his Fatherly Protection and keep them from contracting any League and Alliance which may be attended with Dishonor and Dammage unto them THE END ANIMADVERSIONS UPON A CERTAIN SCOTTISH ANSWER SET FORTH AGAINST The Propositions Memorandums OF THE English Ambassadors c. SERVING For a right Information of the plainer Sort. ROM 13.1 Let every Soul be subject to the Higher Powers For there is no Power but of GOD and the powers which are are ordained of GOD. PROV 24.21 Fear the King that is to say All Magistrates Written and printed first in Dutch by a Gentleman of Holland and now translated into English London Re-printed 1651. Animadversions Upon a certain Scottish Answer put forth against the Propositions and Memorandums of the English Ambassadors c. THe Answerer hath this expression in the Title of his Answer By the English Ambassadors as they stile themselves just as if no body else did acknowledge them for such Such an untruth appearing presently in the Front makes every one guesse the House is alike furnished within Not they themselves but the K of Spain the K. of Portugall the State of Venice the Duke of Florence the Republick of Genua doe thus acknowledge them And the Answerer himselfe knowes very well that the supream power of this Place hath done the same From the Text Feare God and the King the Answerer would fain inferre that they ought both to be feared in one and the same degree taxing thereby this very State as much as the English We must fear God more then men The King is a man the Scots themselves did understand it so when as in the late troubles they persecuted their King by warre and at last delivered him up unto the English for money as the said King himself professeth in the 23 Chapter of his printed Book of Meditations In the beginning of the Discourse the Answerer alledges That the ancient Contracts and Friendships were not made between England and this State but between the Kings of England and this State And wherefore saith he not between the Kings of England and Spain respectively but that he is convinced that State that is to say the Representatives of the Countries and the People are * A Dutch phrase the Bride for whom is danced The King or Prince is for the peoples sake not the people for the Kings sake The King of Denmark said likewise in the beginning He and his Predecessors had contracted with the Duke of Burgundie with the King of Spain not with the States he knew no States and denied any treaty with them But his Majesty hath been better informed since having of his own accord often desired a Treaty with these States as other Kings and Potentates have done who thereby doe and must acknowledge that a King or Prince doth and ought to do all in dealing treating or transacting propopulo pro salute populi For the people for the weale of the people which is the supream Law not for himselfe That the name of the King or Prince is used therein no otherwise but Nomine procuratorio vel tutorio as a Trustee or Guardian So their Lordships the Staâ—es understood it also when on May 2. last past they presented unto the English Embassadors the ancient Treaty of 1495. made in the Names of the King of England and the Archduke of Austria King James of Scotland implied as much when he sought in Anno 1594. to renew the old Treatie with the States Generall formerly made in the name of Queen Mary of Scotland 1541 which agreeth in every respect with the practice of all other Princes The Answerer saith That the States in Anno 1584 did offer the Soveraignty of these Countries to Q. Elizabeth To what purpose he utters this I cannot imagine For it will not follow thence that this State cannot be allowed to treat with the State of England though there be no King since the said Queen and the Kings after her treated with us even after we had cast off our King as the English have now done theirs If this State made offer of the Soveraignty to Q. Elizabeth doubtles it was on certain conditions which if she or her Successors had not kept we should not have scrupled to have recovered the same into our hands again even as the
to rehearse them The Kings of Spain have been Earls of Holland and acknowledged no superiors now being freed from Spain there is none appearing that pretend any right to Holland Neverthelesse he was bound to the laws by an oath So that King of England was Earle of Essexshire Sussex Yorkshire and of all the rest compendiously called King of England Scotland Ireland but bound to the Lawes They of Holland perceiving their King had infringed the Laws thereupon they opposed him and fought themselves free Bene feliciter saith the King of Spains Embassador Count Pigneranda pro libertate pugnastis ea vobis debetur The English in like manner perceived their King had trespassed against the laws and falsified his oath whereupon they opposed him til they fought themselves into the same condition of Freedom I could say somewhat more here That the King of England out-did Spain He of Spain had sworn to the Roman Religion and conceived himself bound to protect it according to his Oath but the King of England being sworn to the Protestant Religion is charged to have acted against it innovated it and had he gotten the mastery would have changed it That this Assertion owned as well by the Scots as the English is most true appeares by the Covenant first made by the Scots and afterwards embraced also by the English Look upon Chapt. 14. of the Kings Book see what he saith there himselfe of the Covenant Again the Covenant very expresly shewed that the King had an intent to alter Religion and Laws The Answerer himselfe was a Covenanter and Parliamenteer and blew as fiercely and zealously as any against the Kings designe of Innovation as they termed it The second and third Article of the Covenant speaks very plain And there have been a thousand books written both by the Scots English Presbyterians on that subject Nay the Scots themselves have even since the late Kings death excommunicated all that had and did adhere to the King calling them Engagers and declared them Given over to the Devill And for this cause they put poore Montrosse to death and refused him Absolution And what afterwards the King himself and Hamilton Middleton Lauderdale others of this party have suffered is notorious to all the world Also how this King was fain to do penance and to confess the bloud guiltiness of his Father's House How ever all the difference betwixt the Kings of England and Spain was only this that He of England did more and He of Spain less against the Religion that each of them was sworn to It is well known that the Scots were the first that made a Covenant and thereupon took up arms even as the Nobility heretofore in the Netherlands made a League or Union and took up arms to defend it The Scots having cleared their own Land of all the Royall designs and adherents were not content therewith but proceeded to assist the English who were as eager to be rid of the same incumbrances Which being effected and the King brought to this pass that he saw no remedy left him then he betook himself to the Scots at last his own Country men as confiding more in them Why did not the Scots then take him home along with them They said it was not expedient the King might easily put Scotland into new broils as the English found afterwards among themselves for then broke first out those differences betwixt Presbyterians and Independents the former would have a new Hierarchy introduced like that of the Scots the later would have the Reformed Religion maintained as it now stands among them only they would bear with tender consciences and some others as wee doe likewise here The King of Spain hath given up his Right and acknowledged this a Free State had the King of England done the like or would this King content himself yet with the Scottish Crown as his Fore-fathers did the war would soon be at an end And herein Philip shewed himself more reasonable and righteous then Charls whom nevertheless hee styles that Blessed Martyr so highly wronged and persecuted not remembring at least concealing that they were the Scots who began this violent dealing with him But none of this concerns us not can we help it If the Scots vvill begin troubles and war and the Neighbour Kings and Potentates will wink at it vvhat is that to us What is farther said by the Answerer about the Kings death concerns not us of Holland at all If a King wageth war with his subjects he must needs resolve to run the hazard Kings and Princes are flesh and bloud and mortal as well as others As much might have been done in a Charge by the Sword of a private soldier as was afterwards by the hand of the Executioner The Quality or Majesty of a King or Prince is of no consideration to the steel or lead of the meanest soldier nostro sequitur de vulnere sanguis Majestate nihil contemtius nec infirmius si sint qui contemnant A living Dog is better then a dead Lion A Pesant owner of some Land is better then a King vvithout Land He that vvill not submit himself to the Discretion of a Conquerour should not runne the hazard of being conquered The Conquering party saw no other Expedient no farther trust given even during the Kings restraint there was faction upon faction division upon division insurrection upon insurrection raised The meanest creature the poorest worm seeks for self-preservation How much more a Man If there had been any means left under Heaven whereby a firm confidence could have been recovered it is very probable the Prevailing party would have yeilded to it But to put all their Fortunes Reputation Freedom Life and Being upon a new hazard again no Reason could advise them Now as to the matter of deposing and destroying of Kings it is so common both in England and Scotland that I admire why the Answerer makes it so strange and prodigious But all these things are so largely set forth in printed Boooks and Pamphlets that the Answerer hath little reason to make a wonder of it Omnia jam vulgata To make an alliance with England were unnecessary if our Commerce and Liberties were not in danger We are bound to look to their preservation The Depredations are unsupportable We do not afflict the afflicted but those whom he calls the afflicted afflict us As for the affliction of Joseph we know not what it means unless he make Joseph a Cavalier and under that notion the Scots themselves were the first that persecuted him And that party in Scotland which the Answerer himself doth esteem the honester viz. the kirk party they abhor the Royalists calling them Malignants The English Ambassadors have declared here in their first Proposition they came not out of necessity but to shew they were willing to choose this State for their best friends They have not desired to ingage us against the Scots But it is well known
way and those that are un-armed resolve another then there can be no Government at all but all will be left at random to a continued succession of discontents contests and confusions which must needs end in the ruine of the unarmed party Wherefore it is a Rule with them That the ancient Majesty of a Kingdom or Commonweal continues no longer if it be changed either by a greater Power or by consent of the People where you see Force and Power are put in equall ballance with popular consent in relation to Government And as if it were the best pedigree of Supremacy they define the Supream Authority to be that which holds claim from God and the Sword and therefore is as it were the Authour of its own Original without dependance on any other so that say that every Commonwealth be it never so small which acknowledges no Superiour but God and the Sword hath a right of Majesty or Political Supremacy So saith Besoldus de Juribus Majest cap. 1. Arnisaeus de Majest cap. 1. and Cammonus de Majest Disput 1. Thes 70.75 c. with many others Seeing therefore that an uncontrolable Power of the sword in plenary possession of any Nation instates him or them whos Sword it is w th all the rights of Majesty much more then may they be claimed by the Parliament of England to whom God hath given a commanding Sword which they lawfully hold in the behalf and by consent of the people And therefore questionless no State or Prince where he seeth such an established Power can in reason question those rights or pretend ground not to own the Power as in all other rights so more especially in the right of Ambassy which is one of the fairest Flowers in the Garland of Majesty For as it hath been observed by the Oracle of our Laws 4. Instit c. 26. they and none but they who enjoy the rights of Majesty or Supremacy have a right of Ambassy It must be from a Soveraign to a Soveraign Power and Authority Thus far now our Assertion stands unquestionable therefore for illustration it must needs be much more clear if we consider that the benefit of Ambassy hath been often allowed even to such as were not solely Supream nor in the plenary possession of any Nation Thus in a Nation divided by Civil War where the Supream Power is in Controversie both the Parties are allowed an equal right of Ambassy by Hugo Grotius l. 2. c. 18. Thus in a popular division at Syracusa the one Party within the City sent an Ambassage to the other Party without under the command of Andronodorus The like was done by Caius Manlius one of Catiline's Fellows to Q. Martins and by Brutus and Cassius to Lepidus and Antony Livius l. 14. Salust Catil who give them that were sent the name of Legats which were the same that we now call Agents and Ambassadors Also according to this Rule during the late Contest here betwixt King and Parliament it was that the Hollander made no scruple to entertain Agents equally from both the Parties Nor hath this Priviledge been allowed those only who in National sidings have had some tolerable pretence to a formal Authority but hath been indulged also to meer Out-Laws such as the Montaneers in the Alps the Assassins of old the Pickeroons in France the Banditi in Italy the Tories in Ireland and the Mosse-Troopers in the Marches between England and Scotland Q. Curtius lib. 7. tels us of twenty thousand such Fellows that were got into a Body to make Head against Alexander the Great and it came to a Fight in which Alexander himself being wounded in the Forlorn it came to a Parley Itaque postero die miserunt Legatos ad Regem Whereupon the next day they sent Ambassadors to the King who received them with all Ceremony and caused them to sit in his presence This were the more to be admired but that we find Cesar himself lib. 3. bell civ giving the like honour to those Fugitives that lurked in the Straits and Passes of the Pyrenaean Mountains and affirming it lawful Yet questionless these instances are not to bee drawn into custom but may be imitated and approved only upon the like occasional accidents and emergents of necessity How ever in regard some have openly in Print indeavoured to abridge us in England of our right and interest in this particular it is requisit we should draw the Lines of Ambassy in its utmost Extent and Latitude that our Inferences and Inductions may arise the more easie For if they who upon the occasion of a National Rupture can at the most lay claim to no more but the name of a Party have been and are admitted into a participation of this right by States and Princes and if so bee that an irregular number of Out-Laws and Renegade's formed into a formidable Body have been received likewise into the same Priviledge by the greatest Monarchs then à minori ad majus the Argument must needs hold good as to those in England who are actually and justly invested with the Supream Power and setled in the Noblest form If scattered Recollections of Fugitives Male-Contents and frighted Remnants have assumed this honour to themselves much more may this Noble Nation of England who though she grew old crooked and deformed under the pressures and oppressions of successive Tyrants yet having shaken them off baffled them beyond recovery and setled her self in the condition of a Soveraign Free State seems now to renue her Age again like the Eagle under the sweet Influences of Liberty She is now her self in full possession of her own therefore let the world know in this case she understands that Possession is more then eleven points of the Law For why was it that the late King of England as one observes having sworn a League with the King of Spain expresly also as he was King of Portugal did notwithstanding receive divers Ambassadors from the new King of Portugal yet was not judged either in England or Spain to have broken his former Oath and League Why was it I say but only to shew that Contracts and Oaths made betwixt Political persons are made in a Political sense viz. with a tacit condition of holding their Possessions These being gon their Publick Relations and Concernments immediatly expire How came it to passe that the Spaniard being driven out of the Vnited Provinces and they by him declared Rebels that yet they assuming to themselves a right of Ambassy had their Ambassadors so readily received by Henry of France and Elizabeth of England but that both those Princes well understood the lawfulness of the action and that they had Jure Gentium a right so to send the Spaniard being dispossessed there It was the same reason too that moved the Hollander to entertain Agents and Ambassadors from this State before the death of the Tyrant for that part which we then possessed and since his death for the whole now in possession
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 Vnited 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 London Printed by T. Newcomb for Richard Lowns at the White Lion in Pauls Church-yard near the West end 1651. The Publisher to the READER THou hast here first the Answer of Mac-Donnel whom in the Dutch they call Mac-Dowel to the Propositions of our English Ambassadors as it was delivered by him in the Great Assembly of the United Provinces which having been published beyond Sea in Dutch and translated since into an English Print is here presented to a more publick view with a few Correctives added thereunto to prevent the poison And therefore in the second place thou hast also a Transcript of certain ANIMADVERSIONS upon Mac-Donnel's Answer written by an honest Dutchman in his own Language and now translated into English Those ANIMADVERSIONS are indeed very pithy pertinent and ingenious but because they are only the Hints of Things and not Discourses so drawn at full as to convince such as are not easily perswaded of the Truth of matters in Controversie therefore it was thought fit in the third place to bring up the Rear with an Additional Reply partly to discusse the main points more fully and partly to touch upon many other particulars of Mac-Donnels Answer wholly neglected by the Dutch Animadvertor The truth is these Papers have lain by for some time by reason of the late disturbances they having been all ready prepared for the Press before except the latter part of the fourth Chapter of the Additional Reply which was lickt up upon the close of this last grand determination of Affairs at Worcester Perhaps some expressions therein touching the Power of the Sword at the first sight may not please all but that all may be pleased let them know the Rights of the people are no way wronged as long as the Sword is asserted and acknowledged to be in the hands of the Parliament who by the Law of the Sword have so nobly over-turned the Law of the Prerogative and recovered the good old Laws Liberties and Priviledges of the people And whereas it is here indevoured to prove our English Relation to the old Treaties made withour Neighbours of Holland know the intent is not in any wise to court that Nation to maintain Amity but onely to refell the futility of those Arguments of the Royal Party who pretend to prove that by vertue of those Treaties the Dutch are tied still to the late Kings Family as if they stood radicated in full force in the person of the present young Pretender If there be any fault then in the Author of the Additionall Reply it is only his presumption that a private Pen should meddle with matters of a publick Import But the henest Dutch man having shewn him the way he could not chuse but follow him and lay hold upon this opportunity throughly to canvasse the princpall Points Parts and Pretences that pass up and down by Tradition to support the cause and interest of the Common Enemy Perhaps they may at present seem as dead to some having been Thunder strook by the late fatall blow at Worcester and therefore this Piece by way of Reply may be supposed now also to be of the less use and consideration But let such consider that though the Cause and many of its grand Abettors be laid flat yet as long as so many Pretenders of the Family are in being they will be always upon every opportunity reviving and setting on foot the same pretences so that if we subdue these by Reason as well as their Persons and Partisans by Force they will be the less able to drive on future designs and draw Parties either here or abroad to the disquiet of England AN ANSWER TO THE PROPOSITIONS MADE BY THE ENGLISH AMBASSADORS as they stile themselves the 30 20 of March In the great Assembly of the High and Mighty Lords the States Generall of the United Provinces AS ALSO To their Memorials of the 27 17 of April and 20 10 of May 1651. respectively And likewise To the 36. Articles of the desired Treaty As it was delivered by the Honorable Sir William Macdowel Knight Resident for his Majesty of Great Britain after his return to Holland in the said Great Assembly June 28 18 1651. Prov. 24. verse 21 22. My Sonne feare thou the Lord and the King and meddle not with them that are given to change For their calamity shall rise suddenly and who knoweth the ruine of them HAGH Printed by Samuel Brown English Book-seller 1651. AN ANSWER TO the Propositions THe said pretended Embassadors have offered and withall required a strict Confederacy Holy League as they term it betwixt the Commonwealth of England and the Vnited Provinces alledging to that end I. The ancient and successive Contracts and mutuall Friendship betwixt both II. The advancement of Trade and Traffique III. A Conformity in the Reformation of Religion IV. The like Successe and Blessings upon both V. An answerable change in the condition of both States as likewise in the restored Liberty of the People Hinc inde Which specious motives and inducements viewed aright and laid in a just ballance will appeare by their favours to have no warrantable ground For the clearing of which the High and Mighty States are desired to look back and consider I That formerly all Contracts have been made betwixt the successive Kings of England their lawfull Heires and the High and Mighty State Generall and not with England as is alledged Not to look further back the Soveraignty of these Countries was offered to Queen Elizabeth of happy memory in the year 1585 which she in wisdome thought fit to decline but withall assisted the States with 5000. Foot and 1000 Horse as likewise advanced to their Lordships before the yeare 1596 in the space of eleven years eleven hundred thousand pounds Sterling according to the calculation of her Majesties Councellors and high Treasurer for the time Her Royall Successors James and Charles of Immortall memory in the years 1608 1614 1635 respectively have not onely assisted these States in their great straits in a very considerable way but also engaged with their Lordships offensivè and defensivè and that without the least communication had with the people of England concerning it And if a ratification of such an alliance should be
Natural reason IV. The Laws of all Nations V. The constitutions particularly of the Kingdome of England who above all other people most obsequiously and affectionately regard and reverence their Kings as in those maxims of their Law Rex non moritur Rex nulli facit injuriam c. VI. The Judgement of all Casuists VII Their Oaths of Fealty Supremacy and Allegiance repeated particularly at the admission of every Member into the House of Commons their Protestation their Covenant their Solemn League and Covenant and an hundred Declarations besides the Pulique Faith of the Kingdom of England solemnly given to the Commissioners of the Kingdom of Scotland upon their receiving his Majestie at New-Castle in all which they professed to the world that they would maintain and preserve with their lives and Estates the Kings Person Honor Rights and Royal Posterity II. Or shall we rest satisfied in the Sophistry of those Sectaries who out of Christs answer to the subtil question of the Herodians and Pharisees if it were lawfull to give tribute to Cesar answered ostendite mihi numisma cujus habet imaginem inferre that fide implicitâ the party now in England is to be acknowledged without any further enquiry or examination since our Saviours answer speaks nothing for their advantage But on the contrary his commanding Tribute to be given to Cesar whom the Jewes formerly acknowledged to be their King confirmeth and establisheth lawfull power and consequently condemneth sedition and rebellion else David should have submitted unto and acquiessed in the usurped power of Absolom who was possessed of all the land even unto Iordan and carried away all Israel after him and Solomon in the power of Adonijah Iehoiada in Athalia's and the Machabees in the power of Antiochus Epiphanes the grand enemy of the Iews yea the Estates of the United Provinces should have then obeyed the force of the Duke of Alva who by the emblem of his Statue formerly set up in Antwerp did signifie that he had invested himself with the absolute power It is well said by one of the Ancients Omnis potestas est à Deo sed acquisitio potestatis furto raepina incendio aut perduellione non est à Deo sed ab hominum affectibus Satanae malitiâ III. Or may we suffer our selves to be abused by the examples and presidents which the said Sectaries alledg of the Kings Edward the second and Richard the second who by reason of their incapacity were forced to resigne their Crowns the one to his son the other to his Competitor King Henry the fourth but neither of them to an inconsiderable small remainder of an house of Commons or the People Onely in a full Parliament both their resignations were confirmed and neither executed but were alway afterwards honorably entertained yea one Roger Mortimer which is worth the observing the chief Author and actor in deposing of Edward the second and Crowning his son Edward the third in his fathers place according to which President his Majesty Charls the second ought by these to have been Crowned was by a Parliament four years after together with his fellow-murtherers condemned as a Traytor and enemy to the King and Kingdome because he killed the said deposed King in Berkley Castle Besides the now prevailing Party by Solemn Protestations did publish and declare to all the world that they did not intend to follow those accursed Presidents although they should suffer never so much by the King and his Party Exact Collect. p. 69. IV. Should we not rather deeply apprehend and with fear look upon those exemplary punishments inflicted upon perjury and Covenant-breaking in Gods holy word as may be seen to omit others in the person of Saul who together with his posterity as also the whole Kingdome of Israel was so severely punished because he destroyed the Gibeonits against the Covenant made with Joshua above 200 years before notwithstanding they procured the same deceitfully As likewise in the History of England and other Kingdoms many pregnant examples to that purpose might be alleadged particularly that of William Thorpe Chief Justice of the Kings Bench in that Realm who for taking a bribe of 80 pounds Sterling was put to death and all his goods confiscated to the Kings use in regard that in so doing he violated the Oath of a Judge as the words run Quod Sacramentum Domini Regis quod erga populum habuit custodiendum fregit malitiose falso rebelliter Parl. 23. Edw. 3d. An Answer to their Memorials .. THe Memorials I pass over as monstrous and which by inevitable consequence not onely tend to cut off all Treaties and alliances betwixt the Kings Majesty and this State and all commerce with his loyal and faithfull Subjects but likewise in some cases to the not suffering of them to dwel or reside in these parts A demand which is against the band of common society amongst men the Soveraignty of the united Provinces and Liberty of the same which have ever been a Sanctuary for honest men and a receptacle of all Nations whatsoever In a word such quale victor victo dare non socius socium rogare solet The cruelty of Tiberius Nero Domitian and others hath for the most part been confined within the walls of Rome or the borders of Italy without persecuting their opposers in a strange land as an omnibus umbra locis adero Concerning the thirty six Articles of the Treaty The thirty six Articles evidently bend I. TO hinder his Majesties Just Right and Restitution to his hereditary Crown and Kingdom of England II. To involve the High and Mighty States Generall in a Labyrinth and great inconveniencies who at present have no enemy III. To encourage and strengthen the Kings irreconcilable enemies and Rebels as the 4 5 6 and 31 Articles doe import IV. Against the forementioned resolutions of the High and Mighty States in the year 1642 concerning the keeping a Neutrality betwixt his Majesties Father of blessed memory and his Parliament of England namely those of the 1 of November and 30 of December 1642 and the 6 of November 1648. V. Against a Declaration and Protestation of the Noble and Mighty States of Holland and West-Friesland dated the 6 of November 1649 to the same purpose VI. Against all former Treaties and Alliances betwixt his Majesties Royall Predecessors and this State As amongst others that of the 14 of February 1593 likewise consisting of 36 Articles betwixt King Henry the 7 of England his Heirs and Successors made in his name and by his Authority as the words of the said Treaty do bear and Philip Arch Duke of Austria and Duke of Burgundy which binde and obliege to this very day divers of the United Provinces and the chief Members and Towns thereof to assist the said King Henry the 7 and his Heirs which unquestionably pleadeth for my Master Charls the second he being the sixth from him in descent in linea recta and to afford them all favour and
in this acknowledging possession a sufficient ground for us to send as for themselves to receive our Ambassadors The acknowledgements given us likewise by the Ambassadors and Agents of Spain Portugal Venice Florence and Genoa do declare the same How then comes it to passe that the name of a King of Great Britain hath been so rife among the Provinces when they know the young Scot is so farre from having a Foot in the Noblest part of Britain England that he is in a manner outed too in Scotland What face too but that a Scot can face any thing had this Scot to deny our Embassadours the name of English Embassadours and dubbe himself with a Title including a Right to England where his Master is never like to take the Air again if he have his due unlesse it be upon a Scaffold But well may hee own the Title when some of the Dutch have been so forward to give it yea and under that name doe more then give him Audience in their great Assembly Though they have many Bodies of Supremacy in the Netherlands yet we can acknowledge but one Supream in England which is the Parliament who being seated with full Power in the Peoples Right can admit of no Competitor nor permit any other Nation to impose one upon them or dispute their Title but have reason to expect the same acknowledgements that ever have been given to all Supream Powers in possession according to the Custom of Nations which if any Nation shall deny or take occasion to prevaricate in this point they may in time understand that England established in this new Form stands fully possest not only by Right of Warre but also according to the Right of Nature and the ancient Laws and Customes of the Nation being eminently adorned with all the Rights and Priviledges of the People And that she may now have as great abilities as ever to assert her own Independency upon other Powers and make her self as considerable either in enmity or friendship as the proudest of her enemies CHAP. III. That Contracts and Alliances made betwixt States and Princes doe not relate singly and personally to themselves but are made Jure Populi in the behalf and for the benefit of the People VVHere as it hath been alledged by the Resident of the King of Scots that the ancient and successive Contracts and Friendships betwixt England and the Vnited Provinces were made between them and the successive Kings of England and not with England otherwise considered wherby he seems to affirm that the validity of such Contracts depends upon and expires with the persons of the Kings of England or with the Kingly Government excluding the interest of the People from being Principal in them therfore it cannot be inexpedient in that point to manifest the ignorance of this Scot with the absurdity of his Pretence which so highly reflects upon the Majesty and main Concernments of the People For without question it is to be understood that as all the acts of Government ought to tend so Governours themselves by what names on titles soever they be called are erected and intended only for the behalf and benefit of the people Even Kings themselves notwithstanding all their flourishes can arrogate nothing to their Persons or Families separate from the Peoples Interest For a King is no more but a Creature of the People by them created for their good He is their servant for which they give him a Salary or Revenue adorning him with splendid Titles of Majesty and with all the Immunities Priviledges and Prerogatives of Government which are no way inherent in his own Person or Family but Ornaments bestowed upon him as the Peoples Livery in reward of his service The truth of this very evidently appears in the Coronation-solemnities of Kings which all the world over are the same in substance and here in England the custome was thus First the agreement was made between the people and him that was to be entertained as their King he was made acquainted with the work and service of the Commonwealth which was to regulate himselfe and his Charge according to such Lawes that is such Rules and Direction as were or should be appointed by the people and for the true performance of this an Oath was given him Then the peoples consent being asked and had which in old time here was wont to be demanded thrice he was immediatly taken into the service and his Livery given him viz. The Royall Robes the Sword the Ring the Scepter and the Crown This hath been the manner of admission in England most solemnly performed in receiving all the Kings and Queens from the days of Edward the Confessor and long before So that you see the relation wherein a King stands to the Commonwealth or Kingdom is the same with that of a Servant to his Master onely here is the difference betwixt Kings and privat Servants That those publick honorary Servants having great honour confer'd upon them by the service are necessitated to maintain a large retinue and hold many in pension and imployment for which purpose they are allowed an extraordinary proportion of wages for their pains and expence in the performance of their duty with a surplusage of Subsidies or Supplies many times upon emergent occasions of necessity This will further appeare if we consider that Kings hold not the possession of a Kingdom by the same right as privat men doe their patrimonies But yet it is not meant as if Kings might not have possessions as other men have for that is allowable and hath been known here in England as may be seen in the time of Henry the fourth who from the Title of Duke of Lancaster arriving to that of a King enjoyed still an inheritance in his own rights as Duke of Lancaster distinct from that of the Crown and fearing the return of Lex talionis upon himself and Family that as he had dispossessed others of the Kingdom so his heirs might in time be dispossessed again therefore out of a prudent forecast he so ordered the matter as to keep the Revenues of his Dutchie entire and setled them in such a way as might preserve them distinct from those of the Crown that in case any new Turn should happen his posterity might if they lost the Kingship know where to lay claim unto their ancient Patrimony So then we doe not deny but Kings may have possessions of their own as well as other men by inheritance or purchase but those which they hold in the right of the Kingdom or Kingship are none of their own The Patrimony of the Publick Exchequer is one thing that of the Prince another Henry the fourth held the Dutchy of Lancaster as he was Henry but the revenues of the Crown as he was the King or publick servant of the Kingdom not out of any peculiar propriety that he had in them Nor can it in reason be imagined that Kings should have any thing of Propriâ—ty in what
yet most of their old Alliances and Contracts were renued still and retained in full force and vigour as well with the States and Princes of Italy as those of other Nations And as for the Hollanders though of late they boggled with us in the main yet they would gladly have renued so much of the old Treaties with the people of England as might have served their own turns not have ingaged them too far the reason why they kept off seems not to have been from any strength of Argument used by this Statizing Pretender but they had a stronger Argument of their own whose Premises and Conclusion lay a long time in Scotland from whence every Post they expected a resolution I shall close all with the testimony of that Learned Spanish Doctor Don Augustin de Hierro Atturney General of the Councel Royal in Spain c. produced by him in his late Charge against the Murtherers of Master Ashcam where insisting upon the point of Friendship betwixt England and Spain he proceeds thus That England saith he should be our Friend in statu quo nunc and that Peace should bee continued with her proceeds from right For Peace is not only made with the King but with the Kingdom also and though the first expires the last remains For put case that Peace be concluded with a Country without including the King either bâ— carelesness or some other accident yet the Peace stands good For so the Polish Magistrates answered the Emperour Ferdinand the second Faltando el Ray se conservan con el Reyno i. e. the King failing yet Peace is to be conserved with the kingdom So Bodin holds and urgeth a pregnant example to this purpose lib. de repub cap. 4. fol. 63. where he alledgeth the Answer which the Ambassadors of France made to Edw. the 4. King of England desiring aid from France against some rising subjects of his that had driven him out of possession and this desire he pressed by vertue of the League between them Which Answer was that the King of France could not help him in regard the confederations betwixt France and England were made betwixt the Kings and Kingdoms so that though King Edward was dispossessed therof yet the league amity remained stil with the kingd with the King Regnant Just so the Peace 'twixt the Kings and Kingdoms of Spain and England though Charles Stuart the King be wanting yet it may be kept intire with the Kingdom And his Majesty himself insinuates so much unto us continuing still his Ambassador in England For when a Peace is established 'twixt Kings and Kingdomes People Persons and Vassals though the King fail and the Kingdom receive a differing Form of Government yet the Peace holds good still because it aimed principally at the people and persons of both Nations and upon these terms the Peace was renued 'twixt Spain and England in the year 1630. as the French Mercury relates it The Result of all then out of the foregoing reasons testimonies and examples will be undeniably this that Contracts made betwixt States and Princes doe not relate singly and personally to themselves but are made Jure Populi in the behalf and for the good of the Community Though Governors and their Families may fail yet their Treaties are as eternal as the peoples interest which is their moving cause and their ultimate end And therefore as to our particular it must undeniably follow that those former Treaties made betwixt our Kings and the Vnited Provinces belong to us now of right if we please to claim or renue them having been ratified at first in respect only to the people of England No King can lay any claim of this nature but as he is an Officer of the people For that relation being once extinct there remains no Foundation for any future pretences CHAP. IV. THE two former Chapters being as the two Hinges whereupon hangs the main of the Controversie and having therein vindicated the principal points of the peoples interest in England our design in the next place is briefly to refute all the petty falshoods and insinuations which lie scattered here and there in the pretended Answer of our Scottish Pretender That which occurs in the first place is this where hee tells the States of the Vnited Provinces that the Predecessors of the present Governours in England were very inconsiderable in those days when the Treaties were made and that they had neither part nor participation in any of the favours and friendship afforded to the Netherlands This he saith by all circumstances may strongly be presumed A very strong presumption indeed it must needs be till he can name those Circumstances The Parliaments of England which were the Predecessours of our present Governours were not so considerable indeed as now they are and will be we shall easily grant because their glory and freedom was eclypsed by those unbounded Prerogatives which Kings and their House of Peers did usurp unto themselves over the Commons who naturally really and properly were to be esteemed the Parliament because they only sate and represented the people in their rights whereas the Lords sate only in their own rights or rather by vertue of that pretended right which Kings forgetting whose servants they are and for what end they were made had arrogated unto themselves in and over the people This was the reason why the Commons of England became more inconsiderable then by right they ought to have been Yet take them in their most inconsiderable state or in the lowest ebb of their Fortunes and we never see them so low but we find them admitted as partners in enacting of Laws and reputed as principal in granting Subsidies and other Supplies for the necessities and support of the Crown insomuch that no Aid-monies could be required of the people but by the Commons consent In Queen Elizabeth's time they were brought low enough as appears by her strange proceeding against Wentworth that was one of their Members which perhaps had not been so tamely taken from a Prince that had less influence upon their affections yet as low as they were the ancient Treaties betwixt Elizabeth and those Provinces were not made and renued nor were the favours and supplies both of men and money afforded unto that State but in the behalf of the Community out of the Purses of the Commons in whose name and right they were granted so that we leave the world to judge how nearly those Treaties did concern the the Commons and whether they being the undeniable Predecessors of the present Governours in England did not both partake and participate yea and were the Principall Party concerned in those tokens of favour and friendship which were then sont unto the Low-Country Provinces But to fright them from our friendship he tells them a strange Tale How big we are grown with monstrous mysteries of enlarging our Trade and Power 'T is more then probable that England in this new form will improve
Romans whom they did acknowledge onely Civilli as Tacitus saith nor to any Directors Counts and Governors which were constituted by themselves The English have more then a thousand years been governed by Kings all sprung from the same Royal Stock to whom they have successively sworn Obedience and Loyalty The King of Spain after a war of almost eighty years hath in two solemne Treaties the one before the twelve yeares Truce and the other in the late concluded peace acknowledged the Vnited Provinces to be a Free State and that privative Whereupon his Catholique Majesty for himselfe and his Successors hath disclaimed all Pretences of Soveraignty here Whereas Charls the first that blessed Martyr whose innocent blood like that of Abels cries loud to the highest Heaven for vengeance against those who now sit upon his Throne not onely was but was ever by them acknowledged for their lawfull Soveraigne instead of disclaiming his Royalty over them as must be if the resemblance stand compleat was both devested of his power deprived of his life and his Princely Successor so far as in them lieth kept back and disenabled from the exercise of his undeniable power over them whereof let them find an absolute parallell from the Creation untill now In Israel King Ahab did tyrannize and as a man sold unto sin above others provoked Gods wrath against him In Rome there was Nero more like a Monster then a Man Amongst the Christans Christiernus in Denmark Wencelaus in Bohemia who was likewise Emperour behaved themselves so wickedly that it was said of them that they had east off humane nature Not much unlike to them was Richard the third called the Tyrant of England yet none of all these was ever condemned to die by the sentence of their subjects Insomuch that it is observed that the Israelites after they had deserted their King Rehoboam although an oppressor never enjoyed a happy hour but were infested with continual wars both civil and forraign til at last they were utterly destroyed and carried captives into Babylon Of Nero it was said primum damnati Principis exemplum I adde postremum non mactati tamen as in this case The Confederate Provinces were first forced in their Religion their persons and goods seized and 100000. of them killed The prevailing party in England after those insolent and high affronts done to his Majesty ere his constrained removal from his Court at White-hall took up Arms gave out Commissions levied men according to his Majesties last true and undeniable words and seized upon the Regalia before He once put himselfe into a posture of defence In the Low Countries their liberty was More Majorum fully restored to them without prejudice to any man In England Religion and Liberty are shamefully trampled under foot and the House of Commons so dismembred and its priviledges violated that the eighth part of ten were beyond all parallel cast out as the Declaration and Protestation of the secluded members Feb. 13. 1648. doth testifie The proceedings of the High and Mighty States are approved and justified by all the World on the contrary those of the English condemned and abhorred and by themselves confessed as irregular and unwarranntable a most pregnant proof and probatio probata of their wrong as is contained in the said Declaration of the Ministers The which premises the High and Mighty States being pleased to take into serious consideration according to their accustomed wisdome and justice and calling to mind those divers Treaties betwixt the Kings Royall Predecessors and their Lordships in his Majesties person yet firmly standing And seeing likewise divers of their Lordships resolved for a punctuall observation of a neutrality since the yeare 1642. betwixt the late King his Majesties Father of blessed memory and his Parliament the which by the partial confederacy with the one party now laboured for wil in all appearance be violated and infringed Therefore their Lordships are earnestly intreated not to hearken to the said Propositions as being prejudiciall to the King my gracious Masters interests and dangerous to this State likewise that the acknowledging them for a free Republick which possibly the condition of the times and benefit of Trade hath occasioned be not drawn into a further consequence much lesse an occasion given therby forgeâ—ting Iosephs sufferings that the afflicted be yet more afflicted their Liberty retarded and their calamity lengthened His Majesties affairs God be praised are yet in a very good and hopefull condition farre better then some of his Royall Predecessors who have notwithstanding run through all difficulties and became considerable to their friends as formidable to their enemies King Robert the Bruce about three hundred years agoe being likewise by the Rebellion of his subjects and the disloyaltie of the Baliol and Cumming and their adherents fiercely assailed by King Edward of England who at once was possessed of most of the Towns and strengths in Scotland kept a Parliament in Saint Andrews took his Queen prisoner killed four of his brethren amongst whom were those duo fulmina belli defaced or removed all the Monuments and Registers of that Kingdom was constrained with one or two servants to hide himself among the Hills yet notwithstanding all this in a short time after recovered his whole Kingdom was Crowned with Honor and Glory and forced his insolent Enemie in confusion to fly from Sterling to Dumbarr and thence in a Fisher-boat Xerxes like escaped narrowly with his life I say Sterling Invictum fatale Scotorum propugnaculum Of which 't is said Hìc latium remorata est Scotia cursum His Majesties Royal Grand Father Henry the fourth King of France and Navarre yet of fresh memory was in a lower condition and had less power to resist those of the League and the powerfull King of Spain yet at last became victorious in the overthrow of his enemies to the great advantage and very considerable succour of the Netherlands The distressed condition of the Predecessors of the High and Mighty States General whom after so many changes the Almighty God hath to the admiration of the whole World brought into a safe Haven however Sirius a Spanish Writer jesting with those of Holland and their confederates did say What can the Hollanders do against the King of Spain as now some scoffingly aske how can the Scots stand against the powerfull English Is an eminent and visible example that it is all one with the Lord to help with few or with many and that when all strength and humane hopes do fail he will arise Gloriously for the deliverance of the righteous crowning them in the end with honor and good success I. Shal we then look upon the present successes and prosperity of that party as alone unchangeable for the which such strange grounds are by them pretended as are no where found being so Diametrically opposite according to the Declaration of the said Divines in and about London TO I. Gods holy word II. The instinct of nature III.
English have don Among the Barbarians and Savages it is confest indeed that their Kings wil be bound to no Laws though oft-times they fare accordingly For how many have there been even in our times of Turkish other Heathen Emperours Kings made away But among Christians no King or Prince was ever heard of but he must swear to maintain the Laws If any Prince prove perjured and break them so soon as the breach is made the people are freed from their obedience The supply both of men and money which the Queen sent for our reliefe came from the people themselves and out of the peoples purse the people did consent unto it and grant it Vntrue therefore it is which the Answerer affirmes that the said succour and assistance was sent without the co-operation or consent of the people of England If the people of England had any Monarch at this instant to whom they had given up the power of Treating then our addresses of Treaty should be made to him but there being no such thing and we not able to subsist without the friendship of England therefore we must treat with England as it is now governed And truly the late Summers proceedings and attempt in this Countrey when our own Freedom ran greatest hazard may well awake us to circumspection and cause us to rejoyce that England is no Monarchy now but a Free State of the same constitution with ours and to wish that thus it may continue For all the dependants and kindred of the young Prince of Orange maintain still we ought must are bound both by the merits of the House of Nassau and for our own subsistence sake to take the young Prince again for our Head Generall and Governor And were the King of Scotland master of England he would maintain it as strongly as any and seek to force the child upon us As for the favours and assistances that King James and Charles afforded us they doe not merit naming we had more hurt then good by them And King Charles never kept touch with us as is well known If in those times the people or Parliament had been in Government as now they are they would have better managed the Revenews of England which Kings waste or play away to procure our effectuall liberty such as now both England and we enjoy but not after the method that Leicester intended The Answerer saith that the prevailing party make not up the hundreth part of the people of England Why truly then the Ninety-nine Royalists that suffer one Parliamenteer to domineer it over them must be very notable Cowards I am sure there were seven or eight Royalists at the hague made a shift to dispatch one Dorislaus and at Madrid onely five or six did murther Ascham but an hundred to be overcome and kept under by one how is it possible This Tale hath for these many years been pin'd to our sleeves yet still the Parliamenteers get the better and keep the better Englands greatest Power the flower of the Parliaments Forces is now in Scotland I marvell the ninety-nine to one are so tame and quiet still in England as nowhere to shew themselves The comparison of England with a ship doth hold as good a proportion as the ninety-nine to one The English people and Nation is and abides the same it was the individuals decay the species remains A Ship and a People fit as well as a Cat and a Duck but I conceive the Answerer means the Trees whereof the ship is built for they do propagate and multiply according to their kind like men and that is more sutable to the opinion of some soothing Court-Parasites such as our Answerer proves himselfe that subjects are no otherwise then trees others compare them to beasts as if a Prince were so much better then the subjects as another man is better then a beast that is to say The beasts are beasts to men but the subjects are their Princes beasts A beastly opinion The entercourses of Commerce saith the Answerer are common to all Nations Why then the King of Scotland doth very ill in stopping and molesting the free and common commerce of all Nations from the Sillies Iersie Ireland Dunkerk c. to so great prejudice of the Seamen that the dammage in this kinde can no longer be endured The English have the same aim with us for clearing of the sea I cannot tell what he means by his Gargazens Trade Navigation is the life of this State Religion and Trade doe not destroy one another as it seems he would inferre and how doth he talk of Religion He himselfe is professedly against the Episcopall way which all the Royalists and the Princesse Royall and the Queen of Bohemia are still addicted to and holds with the Presbyterians with whom our own people for matter of Excommunication and Discipline do not agree He saith farther Violent Governments are not lasting By that rule no Monarchicall Government should be lasting for their Sword onely doth support them He saith England is subject to great alterations yea more than any Countrey under the Sun He means under Kingly Government But by and by he sowes jealousies by saying that England continuing a Commonwealth it is like to increase mightily in Trade and Navigation and that the increase of Trade in England will make ours to decay in Holland These assertions do mightily thwart one another First he says There is 100 Royalists to one Parliamentier then England is extreamly subjects to changes and alterations within the space of 11 or 20 days it hath been lost and won and then presently after he saith England continuing a Republique will make our Trade decay Ergò his minde and fear prompts him that the English Republique may well endure somewhat more then 11 or 20 days These Passages of his contradicting each other are an Argument of a short memory or that he goes about to abuse us with flim flam tales For how doth it appear that our Trade shall be spoiled by the English They send and offer us reall assistance and protection against the manifold depredations we suffer by others If both these Republicks were well united yet the number of Monarchies round about them will finde work enough for both to maintain their Negotiations jointly How much less then is England alone like to get all the Trade to themselves The English may be strugling a good while yet before a secure setling they will not want enemies at home and abroad to make attempts upon them as the Answerer himself confesseth The Prognostick of October 16 which he speaks of is an insinuation of the same nature with those Victories successes and advantages which he daily forged and printed here last Summer which by the Blow at Dunbar evaporated all immediately Those that tell us of Almanacks and Prognosticks shew they have but few and slender Reasons left them to produce I could reply to him out of Spinrock's Gospell Religion saith he was wont to
relinquish his pretensions to the Crown of Sweden To conclude the English well knowing that the Scots joyned with English Fugitives and Malignants seek nothing but on the one side to ingage us against the parliament or to make us still subject to their depradations and on the other side to bring us again under the subjection of the Prince of Orange Therefore they very lovingly came and invited us to mutual union to prevent both the one and the other This in effect is the Sum and Truth of the Business AN ADDITIONALL REPLY TO All the pretended Arguments fals Insinuations and Slanders set forth in the Printed Answer OF MACK-DONNELL the Scotish RESIDENT To the Propositions of the Ambassadors of the Common-wealth of ENGLAND Presented at the Hague March 30 20. 1651 CHAP. I. The Necessity Nature and several Forms of Ambassy stated IT being impossible to preserve Intercourse and Amity betwixt Nations for their mutual weal and safety without the intervention of such a person or persons that may represent the sense of either so as to beget a right understanding betwixt them And because if the Supremacy be delegated or invested in one single Person whether a King Duke or Emperour it were for many reasons most inconvenient that he should quit his Charge at home to treat personally abroad in forà in Parts Or if the Supremacy be intrusted in the hands of divers Persons it were absurd to imagine they should all undertake a Voiage upon the like occasion Therefore it must needs be obvious to every mans reason how great a necessity lies upon the Nations of the world to make choice of some intermedial Person or Persons to be commissionated with full Power and sent abroad with such Iustructions as may inable them on the behalf of their respective Countries to confer and debate with forain States and Princes of such matters as tend to mutual Commerce and Communication Without such a course as this saith Petrus Aerodius an old Author no League can be made nor any thing determined touching Peace or War Enmities would prove immortal Murthers Violence and Treachery would perpetually alarm the world with new Combustions Hence it is that in regard of the necessary use of such Ministers and in regard they represent the Majesty of the State that sends them a kind of sanctity hath been annexed to their Persons they have in all Ages and Nations been had in special Veneration indulged with large Priviledges and Immunities even among the Heathen and secured from the reach of violation by as high a reverence as they paid to their very Gods and Temples as may be seen in an Epistle of King Philip the Macedonian to the people of Athens A Legat or Ambassador is Sanctum populis per saecula nomen As for the several Forms of Ambassy or Ambassadors though they pass by divers names yet they are specifically one and the same Office or Function having all the same reason aim or end which is to transact affairs abroad for the good of the Common-wealth according to the directions of those that send them In ancient time a Legat or Ambassador many times passed under the name of an Orator according to that of Virgil 11. Aeneid Jámque Oratores aderant ex urbe Latinâ And he usually retained this name either from the nature of his imploiment in case he were sent to desire or deprecate any matter or else from his Eloquence which is the prime requisit and glory of an Ambassador The other usual name of old was that which the Pope still retains viz. the Nuntio which in English is a Messenger according to that of Livy lib. 34. Rhodios Nuntios in Orbe terrarum arbitria belli pacisque agere which was spoken in contempt of the Rhodians or rather indignation that so inconsiderable a people should be so busie and medling for those usually they called Messengers that were sent from such as either were not acknowledged Supream in power or were but an inferiour Nation or who came with small pomp about matters of the lesser concernment or for the delivery of some dispatches about which they made no long stay But those old titles being antiquated we have new a succession of new ones which are thus divided according to the pesent custom of Nations viz. the Agent or Ambassador in ordinary and the Ambassador extraordinary both which are one and the same in effect differing only in pomp and splendor but equal in priviledge The Agent or Ambassador in ordinary is usually a person eminent for prudence one that undertakes and performs the Ambassy with less outward ostentation who if he be Commissionated to reside with any Prince or Republick is then called a Resident But this Râ—sident being for the most part as a Spy to pry into the Affairs of those to whom he is sent it were far better if that custom of Residence were rather exploded then continued any longer it tending more to the prejudice then the benefit of Nations But of all others the Resident ought to be avoided and not admitted in new and unsetled states and Commonweals if they mean to be safe or preserve their reputation For this cause it was and in this case that of old Ambassadors had a retinue assigned them by the State where they resided under pretence of honour and respect to their Ambassy but really to keep an eye over them and so strictly that they could not so much as drink or do any other necessary but with the privity of these Attendants Procop. l. 1. de Bello Goth. It was the same reason also wherefore our Henry 7. cared so little for their company here in England at the beginning of his unsetled Government And questionless it was in him a most notable point of Prudence in all parallel cases most worthy of imitation Now he whom we call the extraordinary Ambassador is for the most part a Person of some higher rank and interest in the Common-wealth and therefore a far greater stipend and retinue is assigned him to uphold a Majestick Port answerable to his own Quality and for the honour of his Nation The former according to the common acception are styled ordinary Ambassadors Agents and Residents the later Extraordinary sent usually upon eminent and extraordinary occasions Thus you see all the difference betwixt them is onely extrinsecal and formal in respect of Ceremony but de Jure according to the nature and end of the thing they have the same intrinsecal value and an equal right to the same immunities and priviledges An example of the former wee have in the late Agencies of those two Learned but unfortunate Gentlemen Doctor Dorisla and Master Anthony Ashcam the one most barbarously assassinated in Holland the other in Spain And of the later in the late solemn Ambassy into Holland performed by two Honourable persons the one being Lord Chief Justice of the Common Pleas but both of the Parliamentary or Senatorian Order Now if you would know the reason why
concerns the Kingdom seeing in the first place the Regall dignity is no more but a Function or Office and he himself is but supremus officiarius the highest Officer of the Kingdom and you known an Officer hath no right to what he is intrusted with for the benefit of another Besides we know that if any man be invested with a Propriety he hath a power to alienate or sel away his right but Kings have no such power as to alienate any part of the publick Revenue Kings that have endevoured it in England have been restrained and not onely in that but even in their immoderate expences by Parliament Nor is it so onely in England but many laws have been made and renewed against it in Poland Hungary Scotland France Spain and the Empire for we read what Wenceslaus the Emperour Malcolm of scotland and Henry the sixth of France suffered by attempting it and what miseries they brought thereby upon themselves and the people Innumerable testimonies might be produced against this power of Alienation in Kings but that of Grotius lib. 2. de Jur. bel c. 6. may the better pass instead of all the rest in regard he is in most other particulars a little too rank of the Royalist Patrimonium populi cujus fructus destinati sunt ad sustentanda reipub aut regia dignitatis onera à regibus alienari nec in totum nec in partem potest The patrimony of the people saith he whose revenues are appointed to ease the burthens of the Commonwealth and support the Recall dignity cannot be alienated by Kings either whole or in part Num in hoc jus majus fructuario non habent For in this viz. the peoples publick Patrimony they have no more then the right of an Vsu-fructuary who indeed receives the rents and profits but hath no propriety in the lands Seeing now it appears that a King is no more but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ordinance of man a creature of mans making as is to be inferred from the words of St. Peter seeing he is but a servant to the people bargains with them to doe their work according to Laws or Directions to that end wears their Livery and receives wages from them seeing also that the right and propriety of the Kingdom remains in the people not in him and that the most which can be made of him is but an Officer or an Vsu-fructuary one that hath no right in what he possesseth save onely to receive the Profiâ—s or Revenues in lieu of service to be done for some other viz. the Community then it may plainly be inferred that the ends of Kingly Government and consequently all the acts of it doe in no wise relate to the Person Kingship or Family of any King but are terminated jure populi in the right or behalf and for the benefit of the people Thus far our Assertion stands undeniable and therfore for application of it to the present matter in question between us the Scottish Resident let us consider that if Kings are not for themselves but for the people if they be Kings publico jure in the peoples right not in any particular personall qualification of their own then it merrily follows That as the Office so all the Acts of Government and consequently the making Peace or Warre the allaying of enmities the making Contracts and Alliances with forein States and Princes are founded and concluded in the right of the people It is they which treat contract confederate only they agree that he shal transact and sign it The power is originally really and fundamentally in themselves it is but Ministerially in the King as a Publick servant it is for the publick benefit not his own privat that he is intrusted to make a Contract so that whether you consider the publick relation he stands in without which he can be no king nor contract nor do any other act of Government Or whether you consider the publick end and scope of the Contract it must needs follow that his own particular or the interest of his Family cannot be separatly or singly concerned in the business though it run in his name seeing all is done by the right and for the good of the Community But our Scotch Resident alledges out of Grotius l 2. c. 16. That a league made with a King holds firm to him though he be driven by his subjects out of the Kingdom For the right of the Kingdom remains with him though he have lost the possession according to that of Lucan Non unquam perdidit ordo Mutato sua jura loco To this I answer in the first place that if you consider what is said before it must be granted that the right and propriety of a Kingdom remains in the people alwayes be the King in or out of possession Secondly it is much to be wondred that Grotius should so farre forget himselfe as in this place to set down a position quite contrary to what he affirms in another viz. c. 18. in that instance before cited where he saith That Kings who submit their fortunes to the tryall of a set-warre and then are driven out by force of Arms doe not onely lose the right of Ambassy but all other rights of Soveraignty And if so then without question also a King loseth all claim or pretence to any Forein Contracts or Alliances made with him in the behalf of the Kingdom while he stood possessed For by the same reason that he loseth or forfeits one right he loseth all Besides in another place viz lib. 1. cap. 18. he enumerates no lesse then seven or eight casts wherein a King may forfeit and be justly driven out of his Kingly interest and Kingdom As in case a King assume more to himselfe then of right belongs to him Or in case he infringe those lawes that he was sworn to Or incroach upon the Senaticall part and right of the people Or if he relinquish the Helm of government Or give over the protection of the people Or make warre against them Or behave himselfe as a Tyrant or publick enemy of the Nation In all these Cases Grotius grants that a King may justly be deprived and not any of these but might be verified upon the late King of England and his Son the Young Pretender who not onely lost all Right as being the Son of such a Father but by tracing him actually in the same steps of enmity hath made the forfeiture compleat both for himself and the whole family whereby as he loses all other interests so without question his interest in all those forein leagues and contracts that were made with his Father while he was in possession But to return where we left the rights and acts of Government as we have proved being properly the interest and acts of the Community or People and relate no farther to the King than as a delegated Person a Deputy or Trustee to treat and transact in their behalf then without
proclaimed at Court in their Sermons that All was the Kings no man had any propriety in what he possessed so that the lesse credit is to be given to the Declaration of those pious Ministers as they are called against the Parliament whose partiall testimony is so much applauded by the Resident of Scotland Did Philip of Spain endeavour through his Agent D'Alva to settle his Tyrannies over the Provinces by force of Arms so did the late Tyrant Charls in England first plot a war and then set up his Standard and put the Parliament upon the Defensive as appears by the whole Series of his Councels and Actions whereto more credit is to be given than to his Posthume Book of Meditations which the Resident hath quoted with more affection than discretion Lastly are our Proceedings in England distasted by some of our neighbours through the malice and mis-representation of our English Fugitives So were those of the Hollanders through the malicious subtilty of the Spanish Agents and Ministers who laboured to incense all Christendom and draw the world about their ears till Forain Princes came to have a right understanding of the business So that you see Master Resident might have spared his Milk and Ink too for nec Ovum ovo similius one Egge cannot more exactly resemble another than the case of England in all particulars doth that of Holland in the manner of acquiring our Liberties and Freedoms Now he rails at our judging and beheading the late King and banishing his Family calling it abominable violence and such as the like was never heard of since the beginning of the world Therfore to rectifie the ignorance and malice of himself and his deluded party in this particular some few Instances and Examples shall be here inserted to shew it is no new thing that Kings have been and may be deprived or punished with death for their crimes in Government We read of Amon King of Judah that was slain by a part of the people because he walked not in the way of the Lord and though another part of the people were angry at it and avenged his death upon those that did it yet without question the execution was just according to the Law of God which was without respect of persons that the Idolater should die the death and no doubt the punishment had been inflicted by a Judicial Process had not so great a party of the people been addicted to his ways opposed it which opposition of their is usually the cause in all cases of this nature why Kings are not to be attached as well as other Mâ—â—efactors by an ordinary course of Justice Consider Ahab likewise who though he were taken off himself by divine Justice in the battel at Ramoth-Gilead and so escaped punishment by man for his idolatry and cruelty yet it was executed afterward to the full by John upon his Queen and the whole Family who were utterly rooted out and a blessing annexed to him and his heirs that performed the execution But some may say this fact was extraordinary being done by immediate command from God and so not fit for ordinary imitation Yet for Answer it is sufficient I say that it had a Legal ground viz. the ground of Gods ordinary judgement which commanded that all offendors of the same nature should die the death Gods extraordinary command being superadded to his ordinary Law doth as to us rather confirm then weaken the equity and justice of such a proceeding In like manner we read that the whole people took Amaziah King of Judah and slew him for his idolatry whether they did it by a way of Judicial process or not is not material but done it was and if it were done without process then much more are they to he justified that have the courage to imitate such noble acts of Justice by a solemn and serious proceeding The like had been executed upon Joas the father of Amaziah by a part of the people for his Murther and Apostacy Profane stories both ancient and modern are full likewise to the purpose Romultes the first King of Rome was for his tyranny cut in pieces by the Senate and Tarquin their last King was with his whole family cashiered the form of Government changed by the same power and upon the same occasion Many years after Nero the Roman Emperour was sentenced to death by the Senate which was not primum damnati Principis exemplum as the Resident alledges out of Suetonius The Senate being afterward in time cowed down by Heliogabalus their Emperour so that they could not take the ordinary course with him used means by corrupting the soldiery upon whose strength he depended to put him to death The two famous changes made in the Royal line of France depend upon two such noble pieces of Justice executed upon their Kings the first upon Childerick the third King of France who being judicially deposed by the Nobility and Clergy in Parliament the succession was then cut off from the family of Pharamond and confirmed to the race of Pepin till Charls of Lorrain the last of Pepin's race was in the like manner chastised by Parliament and the Crown translated to the successors of Hugh Capet who hold the same to this day though two of them likewise viz. Lewis the third and Charles le Gross have been judicially proceeded against in Parliament And though the people were so tender towards them as not to put them to death yet they were buried alive being mued up within the melancholy walls of some Monastery or else closely confined within the Castle of Orleans In Spain too we read of Suintila Don Alonson the eleventh and Don Pedro judicially proceeded against the first by the fourth National Councel of Toleao the second by publick Act of the Estates of the Realm in the Town of Validolid the third by the Estates of Castile all for their Tyrannical Government The like proceeding also was had against Don Sancho the second of Portugal also against Henry of Poland that was King of France Henry of Swethland Christiern of Denmark and Wenceslaus of Bohemia as also Edward the second and Richard the second of England These last are mentioned by the Resident himself but that which he mainly insists upon is that neither Christiern Wenceslaus Edward nor Richard were beheaded upon a Scaffold as was the late Tyrant Charls However it is sufficient they were judged more worthy of a Scaffold than the Throne and therefore it must needs be more honourable after the late Heroick Example of England that the Judgements of God should be executed in publick before all the world than that they should be stiffled in a Dungeon or the Majesty of them be less'ned by paltry private Assassinations or poisonings acted upon Royall Tyrants and Offenders Even the practise of Scotland it self will furnish us with Examples enough of this nature where no less than fifty of their Kings have been punished with death and the greatest part of
Christ and the tenor fo his Gospel which teacheth us to gather Believers into Congregations by the power of the Word and not force men promiscuously into a pretended Church-relation by the power of the sword or commands and constitutions of any worldly Power This together with a prudent Toleration of different opinions is the present state of Religion in England so that whosoever takes a view of the practises of both Nations will easily grant a conformity of profession betwixt us and our neighbours of the Vnited Provinces He alledges farther It would be more safe and profitable for the States that England should continue a Monarchy than become a Republick for that the increase of England in a free State would be the decrease of the other See here O ye people of England what a Confession here is out of the mouth of the Common Enemy of the possibility of that increase both in wealth and honour which our Nation may expect in the settled Form of a Free State or Commonwealth And if so then by consequence it follows that all this stir for a Royal Family and Monarchy is not out of any respect to the increase of the publick weal but only to satisfie the ambition of a single Tyrant and his Followers And rather than not be so satisfied he here by the mouth of his Orator Mac-Donnel offers up the future interest and glory of England as a prey unto the Dutch in hope to allure them unto his party for the restoring of him into a Tyranny so that you see clearly it is a thirst of Dominion and Revenge not the people's benefit that transports him in all his undertakings It is here acknowledged by himself that his own restitution will be a means to keep England from growing richer and greater the fear whereof he useth as an argument to provoke the jealousie and emulation of Holland The inference therefore is natural and easie out of his own mouth that the interest of himself and family is inconsistent with the increase and interest of the English Nation In the next place he indeavors to darken the glory of God in our many wondrous successes saying they are no good argument to justifie a cause because the Turk hath had as great successes as any But what ever this Babler saith we cannot be so ignorant of the good hand of God upon us as to let those glorious works of Providence whereby he hath pleaded the Cause of this Parliament and Commonwealth pass under the common title of Fortune de la guerre The Lord having caried on this marvellous work for time and place with a concurrence of such remarkable circumstances that the very enemies have at length acknowledged it to be digitus Dei as did D. Hamilton before his death and others who saw the stretched out arm of God in the late defeat at Worcester We justifie not our cause by successes but only behold them as the effects of Gods mercy and goodness owning us in a just ingagement against the enemies of himself and people The Turks design was to propagate Tyranny in Christendom ours to pul it down His only to increase his own Dominion ours to exalt the Dominion of Jesus Christ What he did was by main strength multitudes and help of human policy What we have done hath been by a despised remnant inconsiderable both for knowledg number against all the wise and mighty men of this generation who to their power wisdom have had so many great advantages from time to time that the decision of every success in our behalf hath been so manifestly written with the finger of God that all must confess it could be no other hand but his that did it witness the great advantage the Enemy had of us at Naisby the miraculous sally at Dublin with the many glorious defeats that followed in Ireland the great deliverances wrought in 1648 when by a small army divided into two handfuls we with one part quieted South-Wales and vanquisht Hamiltons galiant army and with the other part suppressed the many numerous Insurrections in Kent Essex c. Witness also that glorious deliverance beyond all reason given last year at Dunbar when by a poor handful of sick men wearied out with watchings hunger and incessant marches in tedious weather at length impounded within a narrow neck of Land surrounded by the sea they did notwithstanding in the strength of God defeat the numerous Scottish Army it being accommodated with all necessaries and advantages and one of the best accomplisht armies that ever appeared in Scotland Add to-these omitting many other the late memorable defeat at Worcester attended with a series of many other wondrous successes and it is so much the more observable in regard of that miraculous power of God upon the heasts of the people fastning them to the Government in a most notable time of trial to the shameful confutation of this shameless Resident who had the impudence to affirm that not the hundreth part or as he saith a little after not the thousandth part of the people but do cordially adhere to the Royal Interest and passionatly groan to be delivered from the prevailing party in England as he is pleased to call the Parliament whereas all the time of the Scot's King being among us which was about 28 days courting and wooding the people with all manner of insinuations intreaties and pretences he was not owned by any considerable number of his old friends or his new-reconciled Enemies of the Presbyterian party From all which particulars what ever other men may deem we cannot but see the hand of God reached out unto us for the upholding of this Government in a peculiar manner contrary to all the expectations and reasonings os worldly wisdom Since the drying up of the red sea with the wonders that were wrought in Aegypt and in the Wilderness never have there been more glorious appearances of Gods presence than among his people in England And therefore none but a profane heart will presume so much to detract from the glory of these dispensations as to rank them among the ordinary passages of a permissive or Turkish Providence The last that we shall take notice of is one of the principall arguments that he useth to hold the Dutch to his young Master's party hinting unto them by way of insinuation that no Nation is so subject to change as England that the Earl of Warwick in 11 days Edw. 4. in 20 and Hen. 7. in 1 day successively subdued the English Nation T is true England hath received many a sudden change but never such a change as now Heretofore the poor people toiled themselvs in shifting one Tyrant out of the saddle to set up another but now they have driven out not only the Tyrant but Tyranny it self and cashiered not only a single King but all Kings for ever It is an easie matter for particulars to supplant one another in Government because the interest stands deposited in a single hand but when the whole frame of Government is altered from what it was and the interest of State lies diffused in the hands of the people it is almost impossible to alter it again without such a tract of time as may produce new dispositions and opportunities for the effecting a new alteration Besides it is very rarely observed in the whole course of History that ever Kingly Government was suddenly restored in any Country after it had been once cashiered by the people As for Robert Bruce his recovery of all Scotland 300 years ago out of the hands of the English you know it could not be effected as long as Edw. 1. lived but advantages being taken the infirmities debaucheries and civil broils of Edw. 2. the Scots made a shift to shake off the yoak wherein they were more beholding to that Prince's vanity than the valour and vertue of their own Nation And whereas he calls Sterlin the unconquered and fatall Bulwark of Scotland and tells us that there they stopt the current of the Roman Victories yet their own Historian Buchanan confesseth that both Edw. 1. and 2. were possest of Sterlin by force of arms and both their and our Historians will be able to relate in time to come how that the Commonwealth of England hath done more than Rome and made another Conquest not only of Sterlin but far beyond it which I dare be bold to second with this Omen That as Scotland's happiness will be promoted by a subjection to England so now it is the design of God for the better carrying on of his great work and the good of that people to bring them into an universal submission to the Laws and Government of the English Nation Nec sit Terris Vltima Thule FINIS