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

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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 Propri●ty in what
question when this Officer the King shall either for male-administration or treachery in his trust be put to death or banished with his whole family the Treaties Contracts and Alliances made in his name with any Forain State must needs continue in full force and power to all intents and purposes as long as the People and Community are in being whose Contracts they are To this accords that of Grotius likewise l. 2. c. 15. Si cum Rege contractum sit non statim personale erit censendum foedus i.e. If a League be made with a King it must not be presently looked upon as a personal League For as he saith in the same place after Pedius and Vlpian plerumque persona pacto inseritur non ut personable pactum fiat sedut demonstretur cum quo pactum est The person of the Prince is usually mentioned in the League not that the League should become personal but only to shew with whom it was made But it may be objected that the League with Holland extends not only to the King but to his Successors also 'T is true it doth hold as to the succession that is as long as the succession holds for Leagues must hold to the persons of Princes and their successors as all other Political Compacts between them do viz. with a tacit condition of holding their possessions If the King of Scots can with the peoples consent make good his succession in England then he may lay claim to the Treaties made betwixt England and Holland but in the mean time Hee and his Family being driven out for their Tyranny all the Right to those Contracts is to be exercised by another Succession and Form of Government that is established in the Right and by Authority of the people Nor can this Alteration of Government any whit alter the Case it being a right naturally inherent in all Nations to alter their respective Governments upon occasion into what form they please As long as the people remain the same specifical I do not mean the same individual people of England that they were when the right of Treaty was used and the Treaty with Holland made and ratified by the King in their behalf so long the effects of the Treaty or Treaties are in force to the same ends and purposes that they were at first intended Seneca saith by way of comparison Manet idem flumen aqua transmissa est the River remains the same though the water pass away and Aristotle 3. lib. Pol c. 2. traceth him in the same quaint way of allusion likening the People to a River which retains its old name and is said to be the same that it was long since though a continued succession of new waters doe flow in the Channel so the People that is now is the same in specie that it was an hundred or perhaps a thousand years since and is so called and reputed except it lose the name and estimate of a Nation by being captivated and caried away from their Countrey as the Jews were all in time from Jerusalem and the Holy Land or inslaved in their own Countrey by some Forain Power that holds them in Vassalage as the Olynthians were under Philip the Thebans under his son Alexander the Capuans under the Romans or as the old Britains were under the Saxons the Saxons under the Danes and afterwards under the Tyranny of the Norman Conquerour When their National Power and Authority is once extinct they no longer retain their former interest priviledge or dignity But none of these exceptions blessed be God can be verified upon the people of England who are seated pleno Jure in their own fortunate Island and established now in a greater measure of Honour Power and Freedom then ever we enjoyed for many hundred years before Foelices nimiùm bone si sua nôrint And therefore of necessity they must be accounted specifically the same Nation or people that they were when the Treaties were made and concluded betwixt England and the Netherlands though they be not the very same Individuall People and Government No matter saith Grotius l. 2. c. 9. how the Nation be governed whether by a King or by many or by the multitude For the people of Rome remained the same still in the various changes of Government under Kings Consuls and Emperours When the former is extinct a new form ever succeeds with power to govern act and transact in and for the behalfe of the people who being still the same not tied to Forms nor altered by Time over-look all Circumstances and lay hold upon the Substantials of their Interest and Government as they stand qualified and related both at home and abroad And truly it is very pleasant to observe in this particular how even Princes themselves acknowledge as much in their Practises towards each other in the changes of Government For the Duke of Burgoin having concluded amity with England in the person of Henry the 6. no sooner was Henry dispossessed and Edward the 4. invested but he immediatly renues the same League with England in the person of Edward Afterwards Edward hapning to be driven out it was so brought about by Burgoin that the Truce formerly concluded betwixt him and King Edward should in all things bee ratified and confirmed the King's name onely changed to Henry At length Edward made shift to recover all again and then Henry was once more dethroned which was no sooner done but Burgoin sent again a solemn Embassage to renue the Treaty and establish a firm League with England in the person of Edward It is to be observed likewise that during all these Changes Ambassadors went to and fro and all Forain Contracts and Alliances were kept entire without the least question on either side which may serve to inform us of these two particulars That in National quarrels about Title to Government Princes use not to dispute who is in the right or wrong but apply themselves without farther scruple to the parties in possession And secondly that however the Governours of a Countrey may be changed yet all the points of Alliance and Contract being centred in the right and benefit of the people continue unchangeable and entire under every alteration It were endless to reckon up all the examples that might be derived from the practises of States and Princes to confirm this particular we might shew you how the matter of Government being in dispute betwixt Queen Mary and her son James or rather his Guardians though Mary were dethroned and her Sons Guardians got the better yet the amity betwixt us and Scotland continued firm notwithstanding the deposition of the person of Mary But because the Scottish Resident seems to grant that Leagues may hold entire in State-Ruptures though a particular Prince be laid aside but not so if the frame of Government be altered therefore he may be pleased to consider that in the various revolutions of the Florentin Government when the whole frame was changed