dissembled or connived at or else the Ambassadour be commanded to depart the Realm and if the crime be cruel and publiquely mischievious the Ambassadors may be sent with Letters of Request to his Master to inflict punishment according to the offence So likewise in the precaution of a great mischief especially publique if there be no other remedy Ambassadors may be apprehended and executed and if they oppose by force of Arms they may be slain In the Bishop of Rosses Case An. 13 Eliz. the question was An Legatus qui rebellionem contra Principem ad quem Legatus concitat Legati Privilegiis gaudeat non ut hostis poenis subjaceat and it was resolved that he had lost the Priviledge of an Ambassador and was subject to punishment nor can Ambassadors be defended by the Law of Nations when they commit any thing against the State or Person of the Prince with whom they reside And why Ambassadors are in safety in their Enemies Countries and are to be spared when they commit offences is not so much for their own or Masters sake but because without them there will never be an end of hostility nor Peace after Wars neither is the Name or Person of an Ambassador so inviolable either in Peace or in time of War but there may be both a convenient time and a good occasion to punish them and this standing with the Laws of Nations VII The Signiory of Venice understanding that certain Traytors who had revealed their Secrets to the Turk were fled for protection into the House of the French Ambassador at Venice sent Officers to search the Ambassador's House but the Ambassador refusing them enterance the Senate commanded certain Cannon to be brought out of the Arsenal to beat down his House which when he saw planted he surrendred up the Traytors 1 The Ambassadors of Tarquins Morte affligendos Romani non judicarunt quanquam visi sunt ut hostium loco essent jus tamen Gentium voluit 2 The State of Rome though in case of most capital crimes exempted the Tribunes of the People from question during the Year of Office 3 The Ambassadors of the Protestants at the Councel of Trent though divulging there the Doctrine of the Church contrary to a Decree there enacted a crime equivalent to Treason yet stood they protected from any punishment It is generally consented by all the Civilians That Legis de jure Gentium indictum est eorum corpora salva sint propter necessitatem Legationis ac ne confundant jura commercii inter Principes 4 Viva the Popes Legates was restrained by Henry the Second for exercising a Power within his Realm not allowed or admitted of by the King in disquiet of the State and forced to swear not to act any thing in praejudicium Regis vel Regni 5 On the other hand it has been answered that they are by the Laws of Nations exempted from Regal Tryal all actions of one so quallified being made the act of his Master or those whom he represents until he or they disadvow and injuries of one Absolute Prince or State to another is factum hostilitatis and not Treason the immunity of whom Civilians collect as they do the rest of their grounds from the practise of the Roman State deducing their Arguments these examples The Fabii Ambassadors from Rome were turn'd safe from the Chades with demand of Justice against them only although they had been taken bearing Arms with the Ethurian their Enemies Titus Liv. 2. Dec. 6 King Edward the Second of England sent amongst others a French Gentleman Ambassador into France the King upon this arraigned him as a Traytor for serving the King of England as Ambassador who was his Enemy but the Queen procured his pardon 7 Henry the Third did the like to one of the Popes Ambassadors his Colleague flying the Realm secretly fearing timens pelli sui as the Records has it Edward the First restrained another of the Popes turbulent Embassadors untill he had as his progenitors had informed the Pope of the fault of his Minister and received satisfaction for the wrongs 8 Henry the Eighth commanded a French Ambassador to depart presently out of the Realm but because he was the professed enemy of the Seat of Rome 9 Lewis de Prat Ambassador for Charles the Fifth was commanded to his house for accusing falsly Cardinal Wolsey to have practised a breach between Henry the Eighth and his Master to make up the amity with the French King 1523. 10 Sir Michael Throgmorton by Charles the Nineth of France was so served for being too busie with the Prince of Condy his faction 11 The Popes Ambassador at Paris was arraigned for practising certain Treasons in France against the King in the Parliament of Paris and was there found guilty and ccommitted to Prison 12 Doctor Man in the Year 1567 was taken from his house at Madrit in Spain and put under a Guard to a straighter Lodging for breeding a scandal as the Condo Teri said in using by Warrant of his place the Religion of his Countrey although he alledged the like permitted to Guzman de Silva their Ambassador in England and to the Turke no less then in Spain 13 Francis the First King of France sent Caesar Trâ—…gosus and Anthony Rincone Ambassadors to the Turk they were surprised by the Armies of Charles the Fifth on the River Poe in Italy and were put to death the French King complained that they were wrongfully murdered but the Emperor justified their death for that the one being a Genois and the other a Milanois and his Subjects feared not to serve the King his Enemy 14 Henry the Eighth being in League with the French and at enmity with the Pope who was in League with the French King and who had sent Cardinal Poole to the French King of whom King Henry demanded the Cardinal being his Subject and attainted of Treason sed non praevaluit 15 Samuel Pelagii a Subject to the King of Morocco pretended that he was an Ambassador sent unto the States General of the United Provinces he came to them and accordingly they did treat with him afterwards he departed and being upon the Sea he did take and spoil a Spanish Ship and then came into England the Spanish Ambassador here having received intelligence of the spoliation caused his Person to be seized upon intending to proceed against him as against a Pyrat and imprisoned him and upon conference with the Lord Coke Dordridge and other Judges and Civilians they declared their opinions That this Caption of the Spaniards Goods by the Morocco Ambassador the same is not in Judgement of Law a Pyracy in regard it being apparent that the King of Spain and the King of Morocco are enemies and the same was done in open Hostility and therefore in Judgement of Law could not be called Spoliatio sed legalis Captio and a Case out of 2 R. 3. fo 2.
such a Stock or Portion may be purchas'd that is the advantage or benefit arising by the improvement of the same As for Instance The East-India Company hath a Stock lodged in their hands by divers persons which they in the most prudent'st manner as they see fit imploy to those places as they judge most proper if a return is made the advantage of that is distributed â—…o each person that is any way entitled to that Stock which advantage is called a Divident and perhaps may afford some years 20 or 30 per Cent. But on the other hand if that that proportion of the Stock which goes out happens to miscarry the abatement is proportionable and so the Stock may be lessened unless that they will stay the Dividents to keep the Stock the which they may do For it is a Trust reposed of so many mens Moneys in their hands to yield them such advantage as they shall upon a just account set out So that if a man hath a 1000 l. Stock he cannot take the same out of the Great Stock whereby to lessen the same but he may transfer that usu-fruite by that Customary way which they have to any other person for a valuable consideration infinitum Such a Stock of 100 l. in the East-India Company in time of Warr might have been purchas'd for 80 l. Nett but now in time of Peace scarce got under 170 or 180 l. the Dividents running high CHAP. XII Of Impositions called Great Customes Petty Customes and Subsidies I. Impositions whether they may be commanded without the Three Estates and of Magna Charta touching the same II. Of Impositions made voluntary by consent of Merchants and of the adnull of the same III. Of the Confirmation of the Great Charter for free Traffique and of the Settlement now made on his Majesty of the same IV. Of the Immunities formerly of the Hansiatique Towns here in England and when determined V. Of the Antiquity of Customers or Publicans as well in former Ages as at this present time in most Nations VI. Of the Imposition called Magna Custuma VII Of that which is called Parva Custuma payable by strangers and the Act called commonly Carta Mercatoria VIII Of Subsidy and of what and the Rates how set IX Of Subsidy by Strangers on wines X. Of Goods not rated how to pay XI Of the Subsidy-Duty for Cloaths I. THat Impositions neither in the time of Warr or other the greatest necessity or occasion that may be much less in the time of Peace neither upon Forraign nor Inland Commodities of what nature soever be they never so superfluous or unnecessary neither upon Merchants Strangers nor Denizens may be laid by the King 's absolute Power without Assent of Parliament be it never so short a time By the Statute of Magna Charta Cap. 30. the words are All Merchants if they were not openly prohibited before shall have their safe and sure Conducts to enter and depart to go and tarry in the Realm as well by Land as by Water to buy and sell without any Evil Tolls by the Old and Rightful Customes except in the time of Warr and if they be of the Land making Warr against Us and be found in Our Realm at the beginning of the Warr they shall be attached without harm of Body or Goods untill it be known to Us or Our Justices how our Merchants be intreated there in the Land making Warr against Us. The Statute of which this is a branch is the most ancient'st Statute Law we have won and sealed with the Blood of our Ancestors and so reverenced in former times that it hath been 29 times solemnly confirmed in Parliament II. Impositions were in some sort done Consensu Mercatorium by Edward the First and Edward the Third And again in Henry the Eighth of which the House of Burgundy complained as against the Treaty of Entercourse King Henry the Third finding that such a Modus of Imposition tended to the destruction of Trade and apparent overthrow of Commerce and was against the Great Charter made Proclamation Anno 16. in all Ports of England That all Merchants might come faciendo rectas debitas consuetudines nec sibi timeant de malis tollis for that such Impositions had no better name then Maletolts The like was declared and done by Edward the First in the 25th year of his Reign and Edward the Second in the 11th and 12th years of his Reign III. In 2 Ed. 3. the Great Charter for Free Traffique was Confirmed and about some 3. years after there were Commissions granted for the raising of a new kind of Tallage but the people complained whereupon the Commissions were repealed and he promised never to assess any but as in the time of his Ancestors But this Prerogative Power of Imposing inward and outward upon Commodities over and above the ancient Custome of Subsidy without a free consent in Parliament is now ceast and settled And that Question which for many Ages had been handled by the most Learned'st of their times in the asserting and in the denying will never more be remembred Which being managed for some time was afterward farmed out The like having been done by former Kings as did Edward the Third with the New and Old Customes of London for 1000 Marks monthly to be paid unto the Wardrope Richard the Second Anno 20. Farmed out the Subsidy of Cloth in divers Counties So Edward the 4th Henry the 8th Queen Elizabeth and King James the same having been used in former Ages even in the best govern'd State Rome which let out Portions and Decim's to the Publicans IV. The Old Hanse Towng viz. Lubeck Collen Brunswick Dantzick and the rest had extraordinary Immunities granted unto them by our Third Henry for their great assistance and furnishing him in his Warrs and Naval Expeditions with so many Ships and as they pretended the King was not onely to pay them for the Service of their Ships but for the Vessels themselves in case they miscarried The King having concluded a Peace and they being on their return home for Germany the most considerable part of their Fleet miscarried by Storm and stress of weather for which according to Covenant they demanded reparation The good King in lieu of that which he wanted Money granted them divers Immunities and amongst others they were to pay but 1. per Cent. Custome which continued till Queen Mary's time and by the Advice of King Philip she enhanced the 1. to 20 per Cent The Hans not only complained but clamoured aloud for breach of their Ancient Priviledges confirmed unto them by long Prescription from 13 successive Kings of England and the which they pretended to have purchased with their Money King Philip undertook to accommodate the business but Queen Mary dying and he retiring nothing was effected Complaints being afterwards made to Queen Elizabeth she answer'd That as she would not innovate any thing so she
Recovery some have held that the Defensive did not extend so far notwithstanding if there were no Treaty which had concerned this Conquest yet it would seem more reasonable to comprehend the Recovery in the defensive if it be general For as it hath for its end to preserve the Allie in his State and that to attain unto it the Forces must not only remain in the Countrey of the Allie to attend the Enemy but after denunciation and other acts of hostility done by the Enemy they must enter into his Country to the end to prevent him or divert him from attempting any thing against the Allie The Offensive being judged by the aggression â—…and not by that which follows by a stronger reason they ought to enter into the Countrey conquered from the Allie for the recovery thereof but excuses in this kind proceed from those who fail in their faith courage or means to recover Contribution is one of the main ingredients in a League and is of great difficulty to regulate It is made either in Men or Money the Men are entertained by all Parties or by him only that hath need or otherwise as the League is Henry the 8th made a League with Francis the French King against the Emperor Maximilian and Ferdinand for the Recovery of Millane which he did the protection of his Neighbours and Reduction of the Swisse from the Imperial side for which he employed the Bastard of Savoy the agreement was of reciprocal Succour of 10000 Men if the War were made by Land and of 6000 if it were made by Sea and in all other occasions the French King was bound to assist the King of England with 12000 Launces and the King of France with 10000 Foot at his charge that had need So where Contribution is concluded for Money there are difficulties that do arise from the Person or Place where it must be kept for to deliver it to the hand of the strongest is not safe for fear they shall not be able to call him to account to lay it in a weak Place were to oppose it to the attempt and force of the strongest or to him that shall first take Armes but it has been usual the summe has been advanced not till after the War begun XII Leagues concluded by the Deputies of the Confederates there sometimes falls out a Difficulty who shall ratify and declares himself first In the League which was made between Francis the first the Pope and the Princes of Italy the King refused to ratify until the Pope and Venetians had ratify'd before him and in that he so cunningly wrought that he procured the Colleagues to declare and begin the War whilst that he treated secretly for himself to the end he might make his Conditions with more advantage this he declared was for fear those Italian foxes should shew him the like XIII Leagues made for an Enterprise succeed seldom according to the hope of the Allies if the Enterprise be long for besides the preparations be long the opinions divers in the pursuit the resolutions inconstant the interests of Princes or States in a League may change with time or with the practise of him against whom they are in League in withdrawing some one of them or making him to suffer more losse then the rest for seeing himself ill defended or succoured by his Confederate and that he was in a greater danger to loose then his Companions he then studies to retire and to make his accord apart as did the Venetians with the Turks after the losse of Cypresse XIV The ordinary causes of the Rupture of Leagues are distrust jealousy as if one hath had conference with the Enemy without the consent of the rest if that which serveth for the safety of one diminish the safety of the other inconstaney variety cowardize division usurpation without the consent of the others So if he treats with the Enemy not comprehending the other Allies but as adherents as Lewis the 12th left the League of the Venetians for that they had made a Truce with him and had presumed to name him only as an Adherent by the opinion of Bryan that if all the Subjects of England would make War with a Confederate Prince or Republique in League with the King of England without the assent of the King of England that such a War was no breach of the League and upon the same reason was the resolutions of the Judges in the the Duke of Norfolk's Case where the Question was whether the Lord Herise and other Subjects of the King of Scots that without his assent had wasted and burnt divers Towns in England and proclaimed Enemies were Enemies in Law within Statut of 25 E. 3. the League being between the English and Scots and resolved they were and that the League remain'd XV. The Succours that one Confederate must afford another Confederate according to the Laws of Leagues against Confederate is of a great consequence Three Princes Allied the one makes War against the other and demands succours from the third in this case if the Treaties of Alliance be only for Friendship it is certain he is not bound to give any succours But if the Treaty carries an Offensive League he must succour the most antient allied by a precedent alliance If the precedent Alliances have been made both at one time he must succour him that is allied in all Offensive and Defensive Leagues but if the League be Offensive and Defensive of either side he ought not to succour either but he may mediate a Peace and cause the difference to be judged by the Common Allies which being propounded with a Declaration that the refuser or having once submitted will not yield to Judgment that he will succour the other as the Swede and Swiss upon severall occasions hath done notwithstanding in point of State in such occasions they usually ballance their Estate and looking more to safety then Justice they succour him who being enforc't may weaken the powerful who is more to be feared yet to unjust Wars there is no obligation then certainly he ought to be preferred who hath a just cause of War XVI By the Laws of Alliances Princes may aide particular and Common Allies if they be wronged by one of the Allies But he which is not comprehended in the Treaty of Alliance cannot be defended against him that is allied without breach of the Alliance therefore Mediation in such cases is the only hopes of ahe oppressed which not having its effect if the oppressed put themselves into the protection of the Mediator they then become in the nature of his Subjects and then that Prince is oblidged to their succour and defence even against his Allies and this is by natural right XVII By the Laws of Leagues though the Oath binds only the Person yet the Promise binds the successor for though some do hold that Leagues do depend upon the
as the Conqueror should transmit to them all which are the tokens of a Nation by conquest made subordinate to the Conqueror and are part Heril and part Civil and though they may remain a Kingdom and absolute within themselves as to the making of Laws to the obliging each other yet they can no wayes impose on their Conqueror for though that be true which in Quintilian is alledged on the behalf of the Thebanes that that only is the Conquerors which he holds himself but an Incorporeal right can not be holden and the condition of an Heir and of a Conqueror is different because the right passeth to the former by the descent but only the thing by the last by virtue of the Conquest But certainly that is no objection for he that is master of the Persons is also master of the things and of all right which does belong to the Persons for he that is possessed dotâ—… not possesse for himself nor hath he any thing in his power who hath not himself and so it is if he leaves the right of a Kingdom to a conquered People he may take to himself some things which were the Kingdoms for it is at his pleasure to appoint what measure he will to his own favour from hence it is we may observe what fort of Empire that Kingdom is at this day VII Now Ireland before the same became united to the Crown by the Conquest of Henry the II. the natives were meer Aliens and out of the protection of the Laws of this Realm yet when once they became a conquered People and subject to the Crown of England and united ad fidem Regis there did arise their allegeance but that union neither made them capable of the Laws of England nor of their own till such time as the Conqueror had so declared them now what do they desire in order to revive their Government First they humbly beg of King Henry II. that since he was pleased that they should remain as a distinct Dominion that their ancient Customes or Usages should not continue that he would be pleased to ordain that such Laws as he had in England should be of force and observed in Ireland pursuant to which he grants them power to hold Assemblies by the three Estates of the Realm and that they should be regulated according to the institution and manner of the Parliaments in England should have the benefit of Magna Charta and other the great Laws of England and by such means puts them into a method of Governing themselves according to the known wayes of England and to make such Laws as should bind among themselves and by following the example of those of England their Judgment might be supervized and corrected according to the Justice and Laws of England by Writs of Error Appeal and the like Now here is no continuing or reviving their Ancient Government but the introducing a new one part Civil and part Heril nor indeed had they before any such thing as a Parliament there or general Assembly of the three Estates for when Henry the II. went over there were several Kings or Scepts who had their several and distinct Assemblies but when they submitted this great Assembly of Estates which he constituted was a collection out of all of them for their future well Government so that whatsoever modus of Regiment the Conqueror declared it was no more then for the well Governing of the Place and making such Laws as were necessary and proper amongst themselves But for them to impose by vertue of an Act of Naturalization upon an absolute Kingdom as England without the consent of the three Estates of the same surely was never intended much less effected the case is both great and curious therefore c. VIII By the Laws of France all Persons not born under legeance of that King are accounted Aliens and if they dye the King is entitled to the estate for all shall be seized into his Exchequer or Finances but if they make a Will the prerogative is disappointed Yet that extends only to Chattels personal in which Strangers passing through the same have greater immunities then Aliens there resident for Travailers dying without Will the Heirs or Executors shall have benefit and possession of their Estates IX The like Priviledge the Kings of England formerly claimed in the Goods and Estates of the Jews after their death if the Heir sued not and paid a fine to the King to enjoy them as by this Record appears Irratores super sacrum suum dicunt quod praedictum Messuagium fuit quondam Eliae le Bland qui c. diem claufit extremum quia mos est Judaeismi quod Dominus Reg omnia Cattalla Judaei mortui de jure dare poterit cui voluerit nisi propinquer haeres ejusdem Judaei finem feceret pro eisdem dicunt quod Dominus Rex dictum Messuagium dare poterit cui voluerit sine injuria alicui facienda si ita quod sit haeres dicti Eliae finem non fecerit pro Catallis ejusdem Eliae habendis c. But whether the same is now used may seem doubtful for the goods of Aliens escheat not at this day to the Crown but Administration shall be committed to the next of Kin. X. By the Laws of France Flanders Milan and the French County of Savoy though possessed by several other Princes yet the Natives of the same partake in the immunities with the natural born Subjects of France and if they dye without Will their Heirs claim their Estates the reason given because say they those Countreys were never alienated from them but were alwayes annexed to the Crown of France who acknowledges them to be their Subjects to this day But in England it is otherwise for those that are born in Gascoin Normandy Acquitain and those other Territories which were formerly the possessions of the Crown of England in which if any had been born when subject to the same they would have been natural born Subjects yet now are esteemed Aliens and so was the case vouched by Shard of a Norman who had robbed together with other English divers of his Majesties Subjects in the Narrow Seas being taken and arraigned the Norman was found guilty only of Fellony and the rest of Treason for that Normandy being lost by King John was out of the allegiance of Ed. 3. and the Norman was accounted as an Alien XI In France the Kings may there Denizize so likewise here in England but with this difference the Letters of Denization by those of France remove the totall disability and incapacity of the Alien But in England the Charter of Donasion or Denization is but a temporary partial and imperfect amotion of the disability of an Alien for though it puts the Person Indenizen'd as to some purposes in the condition of a Subject and enables a transmission hereditary to his Children born after the Denization
would protect them still in the Immunities and Condition she found them Hereupon their Navigation and Traffique was suspended a while which proved very advantageous to the English for they tryed what they could do themselves herein their adventures and returns proving successful they took the whole Trade into their own hands and so divided themselves to Stapters and Merchant-adventurers the one residing constant at one place the other keeping their course and adventuring to other Towns and States abroad with Cloth and other Manufactures This so nettled the Hans that they devised all the wayes that a discontented people could to draw upon our new Staplers or Adventurers the ill opinion of othhr Nations and States but that proving but of too small a force to stop the Current of so strong a Trade as they had got footing into they resorted to some other whereupon they applyed themselves to the Emperour as being a Body incorporated to the Empire and upon complaint obtained Ambassadors to the Queen to mediate the. business but they returned still re infecta Hereupon the Queen caused a Proclamation to be published That the Merchants of the Hans should be intreated and used as all other Strangers within her Dominions in point of Commerce without any mark of distinction This enflamed the more thereupon they bent their Forces more eagerly and in an Imperial Dyet at Ratsbone they procured that the English Merchants who had associated themselves in Corporations both in Embden and other places should be adjudged Monopolists whereupon there was a Comitial Edict procured against them that they should be exterminated and banished out of all parts of the Empire which was done by Suderman a great Civilian There was there at that time for the Queen as nimble a man as Suderman and he had the Chancellor of Embden to second him yet they could not stop the Edict whereby our new erected Society of Adventurers were pronounced a Monopoly Yet Gilpin played his Cards so well that he prevailed the Imperial Ban should not be published till after the Dyet and that in the interim his Imperial Majesty should send an Ambassador to England to advertise the Queen of such proceedings against her Merchants But this made so little impression on the Queen that the â—…an grew rather rediculous than formidable for the Town of Embden harboured our Merchants notwithstanding and afterwards the Town of Stode but the Hansatiques pursuing their revenge and they being not so able to protect them against the Imperial Ban removed and setled themselves in Hamburgh This Politique Princess in recompence of their revenge commanded another Proclamation to be published That the Hansatique Merchants should be allowed to Trade into England upon the same Conditions as they formerly did Provided the English Merchants might have the same Priviledges to reside and Trade peaceably in Stode or Hamburgh or any where else within the Precincts of the Hans This so incensed and nettled them That all endeavours were made to cut off Stode and Hamburgh from being Members of the Hans or of the Empire But the Design was suspended till they saw the Success of 88 King Philip having promised to do them some good Offices in the Concern But the Queen finding that the Hans were not contented with that Equality she had offered to make betwixt them and her own Subjects but were using such extraordinary means put forth another Proclamation That they should transport neither Corn Victuals Arms Timber Masts Cables Metals or any other Materials or Men to Spain or Portugal And not long after the Queen growing more redoubled and Famous by the Overthrow of King Philip's Invincible Armada as the Pope christned it the Hans began to despair of doing any good especially they having about some 60 Sayl of their Ships taken about the River Lisbon by her Majesties Frigats that were laden with Ropas de contrabanda She notwithstanding had thoughts of discharging this Fleet by endeavouring a reconcilement of the differences but she having intelligence of an Extraordinary Assembly at Lubeck which had purposely met to consult of means to be revenged of her she thereupon made absolute prize of those 60 Sayl onely two were freed to carry home the sad Tydings of their Brethrens misfortune Hereupon the Pole sent a ranting Embassador in the behalf of the Hans who spake the Injuries done to the Hans in a high tone But the Queen her self suddainly answered him in a higher with a satisfaction no greater than what she had done to others of the like quality before This fortunate Clashing for the 19. per Cent. on the Customes has proved ever since advantageous for England our Merchants have ever since beaten a peaceful and an uninterrupted Trade into High and Low Germany and by their constant Trade in those Parts have found a way thorough the White Sea to Arch-Angel and Mosco The return of all which hath since vastly encreased the Riches and Strength of this Nation V. After the Jewes became Tributary to Rome which was acquir'd by Pompey Threescore years before the Birth of our Saviour certain Officers or Commissioners were appointed by the Romans in all those places where their Victorious Standards had claymed a Conquest who used to appoint such Officers or Commissioners to Collect and gather up such Custome-money or Tribute as was exacted by the Senate Those that gathered up these Publique payments were termed Publicani Publicanes and by reason of their Cruel and Oppressive Exaction they became hateful in all Nations Every Province had his several Society or Company of Publicans Every Society his distinct Governour in which respect it is that Zaccheus is called by the Evangelists Princeps Publicanorum the chief Receiver of the Tribute or chief Publican And all the Provincial Governours in these several Societies had one chief Master or Superintendant residing at Rome unto whom the other subordinate Governours gave up their Accounts These Publicans were hated of all the Roman Provinces but especially of the Jewes because though it was chiefly maintained by the Galileans yet it was generally inclined unto by the Jewes That Tribute ought not to be paid by them This Hatred is confirmed by the Rabinical Proverb Take not a Wife out of that Family wherein there is a Publican for such are all Publicans Yea a Faithful Publican was so rare at Rome it self that one Sabinus for his honest managing of that Office in an Honourable remembrance thereof had certain Images with this Inscription 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Faithful Publican No marvel that in Holy Writ Publicans and Sinners go hand in hand But now the World has been so long used to them that in all or most Nations the particular Princes or States chuse out the most Sagest and Prudent'st men for that Imployment And certainly the Customes of this Realm never did return to that great and clear Account as they have done under the Care and Prudent management of the present Commissioners
may remain equal And that throughout Our whole Kingdome and Dominion there be one Weight and Measure both of them sealed with the sign of Our Standard and that every one may have a Scale of one Quarteroni and under where contrary to the Governour of the said place or Liberty by Us or Our Ancestors was not granted or contrary to the Custom of the Villages and Fairs hitherto observed Item We will and grant That some certain faithful and discreet person residing in London may be appointed a Justice in behalf of the before mentioned Merchants before whom they may plead specially and more speedily recover their Debts if the Sheriffs and Mayors distribute not to them day by day compleat and speedy Justice that then a Commission be granted to the aforesaid Merchants besides this present Charter viz. Concerning those Goods which are to be conveyed between Merchants and Merchants according to the Merchants Law Item We Ordain and Appoint and Our Will and Pleasure is for Us and Our Heirs That this Ordinance and Statute be firmly kept for ever notwithstanding any liberty whatsoever which We or Our Heirs for the future shall grant the said Merchants ought not to lose their above written Liberties or any of them And for and in consideration of their obtaining the said Liberties and free Usages and Our Prises to be remitted to them All and singular the said Merchants for themselves and all others on their part have heartily and unanimously granted to Us that for every Hogshead of Wine which they shall bring in or cause to be brought in within Our Kingdome or Dominion thereof and from whence they are obliged to pay Freight to the Mariners to pay to Us and to Our Heirs by the name of Custome two shillings over and above the ancient Customs due and accustomed to be paid in pence within Fourty dayes after the said Wines are put on shoare out of the Ships Item For every Sack of Wooll which the said Merchants or others in their names do buy and out of this Kingdom transport or buy to transport shall pay fourty pence over and above the ancient Custom of half a Mark which formerly was paid And for a Last of Hides carried out of this Our Kingdom and Dominion thereof to be sold half a Mark over and above that which according to ancient Custome was formerly paid and likewise for Three hundred Wooll-fels to be carried out of this Kingdom fourty pence besides that certain sum which according to ancient Custome was formerly given Item Two shillings for every Scarlet and Cloth dyed in grain Item Eighteen pence for every Cloth in which part of a grain-colour is intermixt Item Twelve pence for every other Cloth without grain Item Twelve pence for every Quintal of Wax And whereas some of the said Merchants deal in other Commodities as Goods weighed with Avoir-du-pois Weights and in other fine Goods as Cloth of Tarsen of Silk of Cindatis of Hair and in divers other Merchandizes in Horses also and other Animals Corn and other Wares and Merchandizes of different sorts which cannot easily be put to a certain rate of Custom The said Merchants have consented to give Us and Our Heirs for ever Twenty shillings Estimation and value of those Wares and Merchandizes by whatsoever name they be called three pence in the pound upon the Entrance of their Wares and Merchandizes into Our Kingdom and Dominion aforesaid within twenty dayes after such Wares and Merchandizes shall be brought into Our Kingdom and Dominion aforesaid and there shall be unladen or sold. And likewise three pence for every twenty shillings at the Exporting of what kind soever of Wares or Merchandizes bought in Our Kingdom and Dominion aforesaid besides the ancient Customs formerly given to Us or to others And over and above the value and estimation of the said Wares Merchandizes for which three pence for every twenty shillings as aforesaid are to be paid they are to have credit by Letters by them to be produced from their Principals or Partners and if they have none Let it be determined in this case by the Oaths of the said Merchants or in their absence of their Servants Moreover It may be lawful for the Society of the Merchants aforesaid to sell Wooll to the fellows of the said Society and likewise to buy the same one of another within Our Kingdom and Dominion without payment of Custom Provided that the said Wooll come not to such hands whereby we may be defrauded of Our Customs And furthermore be it known That after the said Merchants have once in any one place within Our Kingdom and Dominion paid our Customs granted as aforesaid to Us for their Merchandizes in form aforesaid and thereupon they have their Warrant they shall be free and unmolested in all other places within Our Kingdom and Dominion from payment of the said Custom for the same Commodities or Merchandizes by the said Warrant whether such Merchandizes remain within our Kingdom and Dominion or are carried out Except Wines which without Our leave or licence as aforesaid are by no means to be Exported out of Our Kingdom We will also and for Us and Our Heirs grant That no Exaction Prise or or Loan or any other burden shall be imposed in any part or measure on the persons of the said Merchants their Merchandizes or Goods contrary to the form before expressed and granted Witness hereto The Reverend Fathers Robert Archbishop of Canterbury Primate of all England Walter Bishop of Coventry and Lichfield Henry de Lacy Earl of Lincoln Humphrey de Bohun Earl of Hereford and Essex and Constable of England Adomarus of Valentia Galfrid of Geynvil Hugh de le Spencer Walter de bello Campo Chamberlain of our House Robert of Bures and others Given by Our Hand at Westminster the First day of February Pro Mercatoribus Alienigenis de Libertatibus eis concessis REX Archiepis c. Salutem Circa bonum statum omnium Mercatorum subscriptorum Regnorum Cerrarum Provinciarum videlicet Alemann Franciae Ispanioe Portugaliae Navarr Lumbardiae Tusciae Provinciae Catholoniae Ducatus nostri Aquitann Tholosan Tatureini Flandr Brebant omnium aliarum terrarum locorum extraneorum quocunque nomine censeantur venientium in Regnum nostrum Angliae ibidem conversantium Nos precipua cura solicitat qualiter sub nostro dominio tranquilitatis plene securitatis immunitas eisdem Mercatoribus futuris temporibus preparetur ut itaque vota ipsorum reddantur ad nostra Regni nostri Servicia promptiora ipsorum Petitionibus favorabiliter â—…nuentes pro statu eorundem plenius assecurando in forma que sequitur ordinantes subscripta dictis Mercatoribus pro nobis heredibus nostris in perpetuum durimus concedenda Imprimis Uidelicet quod omnes Mercatotes dictorum Regnorum terrarum salvo secure sub tuitione protectione nostra in dictum Regnum nostrum Angliae ubique infra potestatem nostram
if they had been born in England and no man shall be received against an Act of Parliament to say the contrary Therefore if the Father an Alien has issue a Son born here and then the Son is naturalized the Son shall inherit If the Father a natural born Subject has issue an Alien who is naturalized the Father dyes the Son shall inherit III. Naturalization does remove all that disability and incapacity which is in Aliens in respect of themselves and so puts them entyrely in the condition as if they had been born in England The Relative terms as if born in England is generally used to supply the personal defect of the parties naturalized arising from their birth out of England and therefore shall never be carryed to a collateral purpose nor cures a disease of another nature as half blood illegitimation and the like but all diseases whether in the parties themselves or resulting from the Ancestor it cures Acts of Parliament of this nature may be so pen'd as to cure defects in the Father or Ancestor or in the parties themselves If restitution in blood be granted to the Son by Act of Parliament this cures that disability that resulted from the Fathers Attainder and that not only to the Son but also to the collateral Heirs of the Father the true reason of this is because the corruption of the blood by the Attainder is only of the blood of the Father for the Sons blood or coliateral Heir was not at all corrupted for the scope of the Act is taking notice of the Fathers Attainder does intentionally provide against and remove it for otherwise the same had been useless But in naturalization without express words it takes no notice of the defects in the Father or other Ancestor noâ—… amoves them And therefore such Acts of Parliament as take no other notice but of the Person naturalized's Forreign birth the same cures not any disability of transmission hereditary between the Father Brother or any other Ancestor resulting from the disability of them without actually naming of them As for instance the Father an Alien the Son naturalized by Act of Parliament the Father or any other Ancestor an Alien purchases Lands and dyes the Son shall not take by reason of the disability in the Father but there may be words inserted in the Act that may take away the impediment IV. Those that are born in Ireland and those that are born in Scotland are all alike for their birth are within the Kings Dominions and they are born under the like subjection and obedience to the King and have the like band of allegeance ad fidem Regis yet if a Spaniard comes into Ireland and by the Parliament is there naturalized though perhaps this may qualifie and cloath him with the title of a natural born Subject of Ireland yet it has been conceived that it will not make him a natural born Subject of England For the union of Ireland to that of England is different from that of Scotland for the first is dependant as a Kingdom conquered the latter independant Though Henry the II. after his Conquest of that Nation did remit over from England the Ancient modus tenendi Parliamentum enabling them to hold Parliaments which after was confirmed by King John yet that was by no other sorce then bare Letters Patents Now when a Nation is once conquered there remains no Law but that of the Conqueror and though he may incorporate such conquered Nations with his own and grant unto them their ancient Parliamentary wayes of making of Laws yet the Conqueror can no wayes grant unto them a power by vertue of such Grant or Confirmation as to impose upon his own Countrey for he himself before such Conquest could not make a natural born Subject without Act of Parliament and most certainly his Conquest adds nothing to his power though it does increase his Dominion V. Again Kingdoms that are absolute under one Prince ad fidem Regis there the Acts of each other are reciprocate and one naturalized by the Parliament of Scotland is as naturalized in England because Scotland is a Kingdom absolute but Ireland is a Kingdom dependant and subordinate to the Parliament of England for the Parliament in England can make an Act to bind Ireland but not e converso Now to be a Native of Ireland is the same as to be born in Ireland but that is by the Laws of Ireland but to be born in Ireland and to be the same as to be born in England must be by the Laws of England But there is no Law that hath enabled them with such a power as to naturalize further then their own Laws extend but the Law of Ireland does not extend in England therefore Naturalization in Ireland operates only in Ireland because of the failer of power VI. Again Kingdoms that are Conquered the Empire of the same may be acquired by the Conqueror only as it is in a King or other Governour and then the Conqueror only succeeds into his right and no further or also as 't is in the People in which case the Conqueror hath Empire so as that he may dispose of it or alienate it as the People themselves might for 't is one thing to enquire of the thing another of the manner of holding of it the which are applicable not only to corporal things but incorporal also For as a Field is a thing possessed so is a passage an Act a way but these things some hold by a full right of property others by a right of usufructuary others by a temporary right Again by the will of the Conqueror the Kingdom or Republique that is so conquered may cease to be a Kingdom or Common-wealth either so that it may be an accession of another Kingdom or Common-wealth as the Roman Provinces or that it may no wayes add here to any Kingdom or Common-wealth as if a King waging War at his own charge so conquer and subject a People to himself that he will have them governed not for the profit of the People chiefly but of the Governour which is a property of that we call Heril Empire not of Civil for Government is either for the profit of the Governour or for the utility of the Governed this hath place among Free-men that among Masters and and Servants The People then that are kept under such command will be alwayes for the future not a Common-wealth but a great Family hence it is that we may plainly understand what kind of Empire is that which is mixt of Civil and Heril that is where Servitude is mixt and mingled with some personal Liberty For if the People are deprived of Armes commanded to have no Iron for Agriculture to change their language and course of life and abstain from the use of many of their Customes to be confined to their own Houses Castles or Plantations not wander abroad to be governed by such Laws
tongue or Nation whatsoever nor matters it of what sufficiency the Jurors are for the form of the venire facias shall not be altered but the clause of quorum quolibet habeat 4. c. shall be in If both parties are Aliens then the Inquest shall be all English for though the English may be supposed to favour themselves more then Strangers yet when both Parties are Aliens it will be presumed they will favour both alike without any difference IV. If an Alien is party who slips his opportunity and suffers a Trial by all English the same is not a Verdict Erroneous for if he will be so negligent as to slip that advantage which the Law gives him it is his fault for the Alien if he will have the benefit of that Law he must then pray a venire facias per meditatem Linguae at the time of the awarding the venire facias But if a neglect of that opportunity happens yet if he prays it after the awarding a general venire facias the same may be retreeved so as it be before the venire be returned and filed for then he may have a venire facias de novo or otherwise he cannot nor can he afterwards challenge the Array for this cause if it falls out the Juries are all Denizens though Sandford seems to be of a contrary opinion for the Alien must pray it at his peril V. If there be a general venire facias the Defendant cannot pray a decem Tales c. per medietatem Linguae upon this because the Tales ought to pursue the venire facias But if the venire facias be per medietatem Linguae the Tales ought to be per medietatem Linguae as if five Aliens and five Denizens appear on the principal Jury the Plaintif may have a Tales per medietatem but if the Tales be general de Circumstantibus it hath been held good enough for there being no exception taken by the Defendant upon the awarding thereof it shall be intended well awarded If an Alien that lives here under the protection of the King of England and Amity being between both Kings commits Treason he shall by force of the Act of 1. and 2. Ph. and Mary be tryed according to the due course of the Common Law and shall not in that case be tryed per medietatem Linguae But in case of Petit Treason Murder Fellony c. if he prays his Trial per medietatem Linguae the Court ought to grant it Yet if an Information be exhibited against an Alien the Trial is not per medietatem but according to the Common-Law If an Alien in League brings an action if there be cause the Defendant may plead in abatement but if it be an Alien Enemy he may conclude in the action In an action for words the Defendant pleaded not guilty and said he was an Alien born and prayed Trial per medietatem Linguae which was granted and at the nisi prius in London but six English-men and five Aliens appeared and the Plaintif prayed a Tales de Circumstantibus per medietatem Linguae and it was granted so there wanted one Alien and the Record was Ideo Alius Aliegena de Circumstantibus per vic' London ad requisitionem infra nominati Julii Caesaris per mandato Justiciarum de novo apposito cujus nomen panelo praedict ' affilatur secundum formam Statuti in hujusmodi casu nuper editi provise qui quidem Jurato sic de novo appositus viz. Christianus Dethick Alienigena exactus venit ac in Juratam illam simul cum aliis Juratoribus praedicta prius impanellatis Juratis Juratus fuit c. It was found for the Plaintiff and afterwards moved in Arrest of Judgment That no Tales was to be granted de Circumstantibus when the Trial is per medietatem Linguae by the Justices of Nisi prius by the Act of 35 H. 8. because in the Act it is spoken of Free-hold of Jurors and an Alien is not properly said of any Countrey or to have any Free-hold but it was adjudged because the Statute was made for speedy execution that it should be expounded favorably according to the intent and meaning of the Makers of the Act and though in this case the Tales was prayed by the Plaintiff where it ought to have been ad requisitionem defendentis yet that should be taken to be but a misprision and would be amended VI. If the Plaintiff or Defendant be Executor or Administrator though he be an Alien yet the Trial shall be by English because he sueth in Auter droit but if it be averred that the Testator or Intestate was an Alien then it shall be per medietatem Linguae Shely a French man who joyned with Stafford in the Rebellion in the taking of Scarborough Castle in the County of York he being taken was arraigned in the Kings Bench upon an Indictment of Treason and the Indictment was contra legiantiam suam debitam and the Indictment was rul'd to be good although he was no Subject because it was in the time of Peace between the Queen and the French King But if it had been in the time of War then the Party should not have been indicted but ransomed It was likewise rul'd there that the Trial was good although the Venire facias awarded in York was general and not de medietatem Linguae for such Trial per medietatem Linguae does not extend to Treasons 4. Ma. Dyer 145. the Indictment ought to omit the words Naturalem Dominam suam and begin that he intended Treason contra Dominam Reginam c. Hill 36. Eliz. in B. R. Stephano Ferraro d'Games case in Dr. Lopez Treason If an Alien Enemy come into this Realm and be taken in War he cannot be indicted of Treason for the Indictment cannot conclude contra legianeiae suae debitum for he never was in the protection of the King and therefore he shall suffer death by Marshal Law and so it was rul'd in 13 H 7. in Perkin Warbecks case who being an Alien born in Flanders feigned himself to be one of the Sons of King Edward the 4th and invaded the Realm with intent to take upon him the Dignity who had his Judgment and Trial by Martial Law and not by the Common-Law of England VII The Kingdom of Ireland was a Dominion separated and divided from England at the first and came to the Crown of England by Conquest in the time of Henry the Second and the meer Irish were as Aliens Enemies to to the Crown of England and were disabled to bring any action and were out of the protection of the Laws of this Realm and five Scepts of the Irish Nation were only enabled to the Laws of England viz. Oneil de Ultonia O Molloghlin de Media O Connoghor de Connacia O Brian de Tholmonio and Ma Murogh de Lagenia as appears by the Records
Flagg and lower his Top-Sail at his first approach to the French Fleet and to salute the Admiral of France with Guns who was to return the said salute by Guns also as was usual when the Dutch and English Fleet did meet Only in this the right of the Flagg of England differs from that claimed by the French for if there had been a failer on the part of the Dutch of paying that respect to the French the same would have amounted to no more but a breach of the League but the not striking to the King of Englands Flagg is open Rebellion and the Article does so signify for it is there mentioned as a Right and Soveraignty not a bare Dominion only like that of Jerusalem to the King of Spain XII The Duty of the Flagg that hath been so constantly pay'd to our Ancestors is of such advantage to the continuing the renown of this Nation that it serveth to imprint new reverence in Forreigners that render it and adds new courage to those of our Sea Men that exact it and since we know how much it imports a State that it be reverenced abroad and that Repute is the principal support of any Government it equally influenceth the Subjects at Home and Forreign Allies abroad And as there is no Nation in the World more tender of their Honour then the English so none more impatiently tollerate the diminution thereof with what resentments would not only the more generous and Noble but even the Popular and vulgar Sea Men detest this or any succeeding Age should they remit or loose that Regality those acknowledgements which their Predecessors with so much Glory asserted and the neglect whereof was alwaies punished as open Rebellion the indignity of such an Action being sufficient to enflame the whole Kingdom the consideration of which besides his Sacred Majesties own Royal inclination to the same and his evident testimonies never to abandon a ceremony of so high a concernment witness the exposing the one half of his own heart his Royal Highness in the asserting the same with such Fleets and in such Battles that no Age or time cannot shew a memorial of the like are causes sufficient to create in us new flames of love to those Royal Patriots and Defenders of our Rights Private Persons move in another sphear and act by other Rules then Soveraign Powers the regard of credit with them may oftentimes yield to those of utility or other motives the Publique receives little injury thereby or is their wisdom questioned for such punctilio's if they relinquish them for other Imoluments or Peace sake but Soveraigns cannot so transact their subjects the People participate in their Honour and indignities they have a property a direct Right in the former Soveraignes cannot alienate or suffer their Honours to be impaired because it is not really theirs it appertains to the Nation universally and they are all effectually injured by such transactions either because the indignity doth really extend to them or because the Government and Authority is thereupon weakned and prejudiced which is the greatest of Civil detriments that can befall a People though ordinarily they are not aware thereof As Prudence doth thus distinguish betwixt the demeanor of Private and Publique Persons so doth Charity it self for though the Gospel precepts do oblidge particular Persons to bear injuries and contumelies with patience and to surrender even the Coat as well as the Cloak yet is not this so to be construed as if even Private Christians were to yield up their Civil Rights to every insolent that would incroach upon and usurp them or that they were to deprive themselves of those Reparations which the Law and Government affords them neither is it so to be understood as if the Civil Magistrate in Christendom might not secure himself of that obedience and reverence which is due unto dignity but bear the Sword in vain XIII This being the value which this Nation did alwaies place upon the Right of the Flagg the which they never did regard it only as a Civility and Respect but as a principal Testimony of the unquestionable Right of this Nation to the Dominion and superiority of the adjacent Seas acknowledged generally by all the Neighbour States and Princes of Europe and must be pay'd and ackowledged by all Princes in the World that shall be or pass on the same The Maritime Dominion by the Laws of England were alwaies accounted the Four Seas such as are born thereon are not Aliens and to be within them is to be within the Legeance of the King and Realm of England The Records in the daies of Edward the 3d. and Henry the 5th proclaim it that those Kings and their Progenitors had ever been Lords of the Seas and amongst those many great Instances of proving the Soveraignty of the same is that famous Record of Edward the first and Phillip the Fair of France in which the Procurators of most Nations Bordering upon the Sea thoroughout Europe as the Genoeses Catalonians Almaines Zelanders Hollanders Freislanders Danes and Norwygians besides others under the Dominion of the Roman German Empire where all joyntly declare That the Kings of England by right of the said Kingdom from time to time whereof there is no memorial to the contrary have béen in peaceable possession of the Soveraign Lordship of the Seas of England and of the â—…es within the same with power of making and establishing Laws Statutes and Prohibitions of Arms and of Ships otherwise furnished then Merchant Men use to be and of taking surety and affording safe-guard in all cases where néed shall require and of ordering all things necessary for the maintaining of Peace Right and Equity among all manner of People as well of other Dominions as their own passing through the said Seas and the Soveraign Guard thereof By which it plainly appears That the King of England had then been in peaceable possession of the said Dominion by immemorial prescription that the Soveraignty belongeth unto them not because they were Domini utriusque ripas when they had both England and Normandy and were Lords of both shores for Edward the first at that time had not Normandy but that it is inseparably appendant and annexed to the Kingdom of England our Kings being Superior Lords of the said Seas by reason as the very Record mentions of the said Kingdom and since that the Soveraignty of the Sea did alwaies appertain unto the English King not in any other Right then that of the Kingdom of England no Prince or Republique ought or can doubt the Tittle by which our present claim is deduced 't is in right of Britannia that the same is challenged 't was in that right the Romans held it the claim justified Ed. 3. and his Rose Noble though there are other reasons regarding to the Lancastrian Line which yield a Colour for the use of the Port-cullis in the Roal Banners of England
yet as in reference to the Maritime Dominion Henry 8th did embellish his Navy Royal therewith and Queen Elizabeth stamped it upon those Dollars which she designed for the East India Trade signifying her Power of shutting up the Seas if she thought fit as by a Port-cullis with the Navy Royal this Dominion of the British Seas did Authenticate the Proclamation of King James ordaining the Flemish at London and Edinborough to take licence to Fish this justified the like Proclamation by the late Royal Martyr King Charles and warranted by the Earl of Northumberland in his Naval Expedition That Prescription is valid against the claims of Soveraign Princes cannot be deny'd by any who regard the Holy Scripture reason the practise and tranquillity of the World and that true it is the modern Dutch have pretended if not dared to challenge the Freedom to Fish in the British Seas by Prescription but it is likewise as true that Prescription depends not upon the Corporeal but the Civil possession and that is retained if claim be but made so often as to barr the Prescription the which hath been alwaies made evident first by frequent Medals next by punishing those that refused it as Rebels by guarding it of it and lastly by giving Laws time out of mind on it which evidently proves that the Civil possession is not relinquished our Kings constantly claiming the Dominion of the same none else pretending all Nations acknowledging it to be in them and the same never questioned till those modern Dutch of yesterday arose XIV The importance of the Dominion of the Sea unto this Nation is very great for alone on that depends our Security our Wealth our Glory from hence it is that England hath a Right to all those advantages and emoluments which the Venetian Republique draws from the Adriatique Sea where the Ships of the Grand Seignior of the Emperor King of Spain and Pope pay Customs to maintain those Fleets which give Laws to them within the Gulfe 't is hereby that the English can shut up or open these Seas for Ships or Fleets to pass or repass them whereto Queen Elizabeth had so special a regard that when the King of Denmark and the Hansiatique Towns sollicited her Majesty to permit them free passage they transporting Corn into Spain she refused them and when a Protestant Fleet of Hamburgers and others had presumed to do so notwithstanding her prohibition she caused her Navy Royal to seize take burn and spoil them when they were passed her Maritime Territory within sight of Lisbon yielding this reason for her justification that they not only relieved her Enemy with provisions but had presumptuously made use of her Seas without obtaining her Royal Permission for so doing 't is from hence that the Crown of England can justly demand an account of any Ship or Ships occurring in those Seas what 's their Business and what their intentions are and prohibite any Prince or Reipublique to enter there with potent Fleets without praeacquainting his Majesty and obtaining his Royal Permission without which Dominion and Soveraignty England can never live secure on shore it being easy for any Forreign Fleets to amuse us with specious pretenses and in their passage to invade and surprise us Thus whilst the Turk pretended to sail for Malta he occasionally possessed himself of Canea in the Isle of Candia many such presidents do occur in History And in fear of such surprizal the Athenians being Lords at Sea did exclude the Persian Monarchs from sending any Ships of War into any part of the Aegean Sea Rhodian Carpathian and Lydian Seas and that which tends to the West towards Athens the like caution was used by the Romans against Antiochus and the Carthaginians and the Turk prohibits all Nations saving his Vassals to enter the Black Sea or Pontus Euxinus and also the Red Sea and that 't is by virtue and force of this right that the British Nation can drive on their own Commerce navigate themselves and permit others securely to trade with them 't is true that the Dutch have presumed some years since to violate the security of the British Seas by the attacking the Allies of England not only within the British Seas but in her Harbours attempting to pursue a French Vessel up almost to London and have more then once attacqued the Spanish Fleets in her Ports under the protection of her Castles and that against the Laws of Nations and the Peace of Ports in which for the time they seemed to cloud the Honour of the Nation but satisfaction for indignities of that nature though slow yet are sure and should such as those have been longer tollerated Beloved Britannia must become a prostitute by a Confederation of those States or take Pass-ports for her Commerce But the Royal Martyrs goodness was no longer to be trod on his Heart and his Cause were good and though those unhappy times which were crooked to whatsoever seem'd straight did hinder the accomplshiments of his entire intention for satisfaction yet those whom the just God of Heaven was pleased for a time to permit as a punishment to this Nation to rule did not want in the fulfilling for so soon as he was pleased to stay the fury of the Intestine Sword their hearts took fire from that flame that had formerly been kindled in that Royal Brest and having prepared a Fleet in order to the treating as Souldiers with Swords in their hands they were in the like manner assaulted in their Territories in the Downes but the Dutch found then what it was though two for one to assault a British Lyon at the mouth of his Den intending if possible to have destroyed the English Power but were frustrated in their design being severely beaten home to their own dooâ—…â—…d afterwards those that then had got the English â—…d in their hands begun to consider that the Victâ—…y â—…ust be pursued as a season fit to assert their Antienâ—…â—…ight and Soveraignty of the Sea and then those people thinking that the odds before was not enough to destroy the Briâ—… Fleet they equipt out a Fleet greater and far more numerous then the English under the Admirals Van Trump De Witt the two Evertsons and Ruyter but they suffered the same fate as their former about some 34 of their Ships on the Coast of Flanders burnt and taken and the rest chased home to their Ports and not long after followed the total defeat of their Naval forces accompanied with the death of Van Trump by the English under the Admirals Blake and Monk who had sunk and fired about 30 more of their Ships of War no quarter being given till the end of the Bataill six Captains and about a thousand Men were taken prisoners and about six thousand slain of their Presomptions since amongst other things in denying the duty of the Flagg and of what punishment and check they have had for