Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	king_n	spain_n	treaty_n	2,633	5	9.4241	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 forge●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.

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 b● 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

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 Profi●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