Allowed to be Publish'd,

Natural Allegiance, AND A National Protection, TRULY STATED: Being a Full ANSWER TO Dr. G. Burnett's Vindication of Himself.

LONDON, Printed, and sold by the Booksellers of London and Westminster. 1688.

Remarks on the Second Part of the Reflections of Dr. Burnett, on the Parliamentum Pacificum; being an Answer to the Vindication of him­self.

SECT. I.

AN Apology for so many Months silence Vid. pag. 1. (which is sometime Interpreted, a Consent to the Accusation) would be now as requisite and necessary for our selves; and be better excus'd by the long, deliberate, and serious Considera­tion, that has been had of what is here Writ; than that of our Authors, from his uneasiness in Writing: Himself, and his Admirers, I am sure, think he Writes very easily, Vid. his Pa­pers. and the many Calumnies he has cast up­on our English Government, and the Prince that Pre­sides in it, in multiply'd Reflexions, in repeated Libels, aggravated with Arrogance and Applause, only from their being the most Audacious Crimes, and the severest Satyrs on the Crown: This does certainly declare, that they do not come from him with such a deal of dif­ficulty, [Page 2] but are more probably, the sudden Productions of his easie [...]ile: The hasty Transports of an Vid. Letter to my Lord Middleton. avow'd and Animated Passion, or the gratifying the Popular Fame he has here acquir'd, partly for his Meritorious Learning, and more by his study'd Affectation.

Had this Paper but the half of that Modesty it pre­tends to, it could not with so bold a Paragraph. Front term those pieces that have been publish'd in defence of a Prince and Government he defames, but so many Libels, only because they have tost about his Name; I cannot see how they can be call'd so, unless this Celebrated Name, to which so [...]any are ascrib'd, like some Cabalistick Spell can make a Metamorphosis, and blot the very Papers that offer but to mention it: Those are look'd upon as the greatest Libellers by the Civil Law, that invade and abuse the Civil Atrox inju­ria estimatur, Si Magistra­tus, &c. Inst. 4. Tit. 4. Si ad seditionem: Vis Publica est. Vid. Pacii Analys. ibid. power and the Magistrate, which if it tend to Sedition, is there call'd, a Vid Tuld. hic. c. 5. per l. Un. C. Si quis Imp. maledixerit. Quisque vel cogitavit, &c. Vid. C. 9. & 6. Pub­lick Invasion.

Had our Author, that Christian Temper, which he tells us he proposes for a Pattern and Imitation: I humbly conceive, he ought to have been so humble too, though such an High-Priest, and kept the Priest from being so high, as to revile the Prince, that Divine Pattern our Sa­viour, is indeed the greatest Example of such a sort of deference and submission; that would make him such a Christian; as to pay it to his King, though Pagan; and that though Dr. B. were of the Opinion of Mr. I. in the point of Vid. Julian's Popery and Paganism. Popery.

[Page 3] In the next place, his Apology for the States of Hol­land, is but little better than what he makes for him­self; Vid. Ibid. pag. for the Protection they have given him, might pro­ceed from the Misrepresentation he has given them, and their Lordships we thought would have had too much Honor for Crowned Heads and their own Allies, than to protect a person that Libel'd and abus'd both; at least, if they allowed him the priviledge of a Naturaliz'd Sub­ject, K. of France & England in his Reflect. they could not indulge him a Liberty that must be deny'd any Native; that is, to offer to defame the Proceedings of those Princes, whom not only their Sa­cred Character should preserve Inviolate, but whom, themselves were oblig'd by solemn Leagues and Articles of Alliance, (Sanctions that in such National Concerns are more seriously to be observ'd) to maintain in their wonted Honor and Esteem; and to deliver up such For­reign Fugitives; or punish at home such Domestick Of­fenders as do endeavour to diminish it: The little Re­flection that was past upon their Government, one Vid. Parliam. Pacif. would have thought might have been past by too, by one that reflects upon ours so much; and Statesmen will allow, even Grotius himself, that the Aggressors in such Violations, authorize the returning of the like: If our Author can prove, that the States have been worse used, than he has used the King of Great Britain; or, that the least Animadversion was ever made on their Govern­ment or Constitution; till His Majesty had suffer'd so much from his most Injurious Pen, we will then sub­mit to that punishment, which the Pensioner, and the Doctor, doe desire, and be heartily sorry for that Atrocious Calumny, which they say, has so much deserv'd it.

[Page 4] I have therefore in all the preceding Treatise omitted such Expressions as might give an offence, tho' they could be said with truth: I have given Historical Ac­counts of the Proceedings of those Catholick Princes, whose Memory and Religion, Persons and Perswasions, our Author thinks it his Duty barely by Reflection to defame, and if Holland has happened to be concern'd in the History as well as France, and Germany, who can help it? the Doctor might as well commence a Quarrel with Heylin's Geography; (for Historians in a Trade can never agree) as to make us answerable to States, for an History of the times, and only for relating the Transactions of those very Papists and Protestants, that made such a wonderful alteration in this Western part of the World; and even an account extorted from us, by those Rhetorical Reflexions, (which from a greater Zeal against Popery, than any regard to sincerity and truth) I am confident he has made: Neither does this Justification of our selves like our Author's Defamation of Princes, consist for the most part only in Flourish and Tropology; and I might add, in a little Malice, mingl'd with his much Learning and Wit; but the Writing of an History is to be defended by the Law, and tho' it were of all Nations, is no Libel; by the very Jus Gentium: The World could never be said to sit in Judgment upon Sir Walter Rawleigh, and the short History we have gi­ven of the Forreign Reformations, make us no more ac­countable to States abroad, than our Author is for the History of our own at home; though I must confess, I do not expect any thanks from Holland, because he had his from the House; so that if those Passages, by which he so laboriously would stir up the resentment of the Vid. Reflect. a part, pag. p. States, have only a respect to Matter of Fact, to Hi­story; [Page 5] and that of Reformation, the Laws of Nations make it no Injury, and I hope, none of our Neighbours will teach us any better Law.

Injurious Defamation, consists properly in Reflections, which of late is our Authors excellency, his common Topick, Title, & Peculiar; and what Reflects upon the fame of private Persons, or Publick Societies, in feigned Com­positions, either of Si quis ad in­famiam, Car­men Libellum, aut Historiam, &c Institut. Lib. 4. Tit. 4. Satyr and Lampoon, both by Civilians, and other Lawyers, is truly call'd Libel. And therefore, I suppose it was, and for that only reason, that the Learned Delen­dum esse ver­bum, aut Histo­riam, quod nec Theop. agno­sclt, nechabent libri Emenda­tiores. Vid. Jul. Pacii Analys. Scholiis Scho­tani. Id. Annotator on the Institutions of Justinian, in his Chap­ter of Injuries, would have the word History expung'd from being appropriated as a part of Legal Defamation; which (says he) an Eminent Author does not allow of; neither (indeed) do the more Corrected Books mention it: I have thought good to Apologize with this too, that our Adversary may not retort again, that the States are worse us'd than himself, whom we would still respect, while Our Allies, tho' this Author should persist to Libel Theirs.

This Protection, (since he is pleased farther to insist on) we shall a little further debate, with all deference, to those that give it him; and though he offers to Answer all that relates to himself, I hope to shew that there is a great deal yet left unanswered; and for that Compli­ment, he passes upon our Stile, for foul Language, we have in return, given a more civil Character of his. Id. Pag If a Man were to judge of the Manners of a Clime, from the Deportment of the Inhabitants, I know from whence we might expect foul Language: I confess, I cannot contend with our celebrated Author for that po­pular Fame that attends his way of Writing; which least it should be confin'd, and too narrow for his unpro­portionable [Page 6] Merit, himself has taken care in Vid. Reflect. on Varill, and Reflect. on Hi­story of Re­form. at Oxon. and several of his late works. some Pom­pous Expressions to diyulge, but though not so copious; still I do not find my self so streightned in such a scanty Stile, as to be forc'd to have recourse to Scurrility; the late Bishop of Oxford, for his Vid. the En­quiry, Buf­foon, Scara­mouch, Harle­quin. Draw­cansyr. Ba­boon. And Quaere, If foul Lan­guage? Fiocco's sake, might have been better treated, since his own Name in the end of it, to which the Enquirer never read, manifested it to be his; and the same License that has so alarm'd him, authoriz'd it in the Front, yet some sober Persons presume to think that Enquiry a very Scurrilous one; which with Reverence to the See, and respect to the Sacred Function, had been better forborn, neither was there in all our Papers, to the last, the least Reflexion upon our Adversary, that transcends the boldness he has taken with his Majesty and the Crown; neither was I conscious of any particular Opprobrious Term, for which he could reproach me, unless it were a Crime to call him an Vid▪ Parliam. Pacificum. pag. 44. Impostor, that puts upon us for History the Defamation of the last Those that speak to the dishonour of the King's Pa­rents, and Progenitors, are by the Laws of Scotland, within the Acts of Leasing making, and to be punisht with loss of Life. Jac. 6. p. 8. c. 134. Kings Memory, and that of all his † Predecessors; the meeting with such Passa­ges might a little provoke an undecent expression; for which even sedate thought, or the mightiest modesty will hardly permit me now to beg his Pardon.

Having thus past through the Praeliminarys of his most peculiar Vindication, with as much Compliment as may be, we are come now to consider the Contents of it: And first, what further Defence our Adversary has made, and how far he has answer'd to his second Citation that was sent him out of Scotland?

SECT. II.

WHatever are the Complaints of Dr. B. against his Countrymen, I cannot see how he could have wish'd for a better Country to have put himself upon his Tryal in; a Nation that governs it self by the Laws of all Nations, as well as the Municipal ones of their Land, and even Vid. Lib. cui Tit. Reg, Ma­jestat. A Tran­script from the Roman Law. Vid. Duck. de Authorite. l. 2. c. 10. those fram'd, and compos'd according to the wise Institutions of the Emperor Justinian, as just a Legislator as Solon himself, whom our Author in­sists on Vid. Vindi­cation of him­self. p. 3. Id. pag. 1. for his Naturalization: Those Caluminators, (to give our Author a right understanding of the word) those false Accusers, whom he would have accordingly punisht, have there but little encouragement for Perjury: I wish we had here but as much severity to intimidate Villains from such Practises: It is there that these Ca­luminators, by a sort of Arithmetical Justice, (as the Vid. Stierius Praecept. Ethic. c. 14. Mo­ralists term it,) or by that Eternal Law of Equity, a­mong the Romans, the Lex Talionis, are expos'd, upon detection of their Perjury and falsehood, to the very Punishments that the Party must have suffer'd, had their Evidence been true, and this not only by the Ex Lege Remnia ir­rogatur ut [...], fronti Ca­luminatoris inuratur, vel idem suppli­cium de quoreus periclitabatur. Vid. D. 4. 16. 1. c. 9. 46. 6. Zouch. Elem. pars 7. Sect. 10. Civil Institutions, which with them take place where their own is defective, but by their very * Parliamentary, as well as the Imperial Sanctions, and particularly, by that of King Vid. Jac. 6. p. 11. c. 49. James 6, which comes home to our Ad­versary's [Page 8] Case, He that Calumniates any Person of High Treason, and the Party be acquitted, incurs the same Crime and Punishment that the presumed Guilty must have undergone, had he made good his Proof; a Criminal has but little reason to fear a false Evidence, where such fearful Consequences do attend it; and our Author has as little Justice to demand their being pun­nisht accordingly; since the proceeding upon a second Citation, does not prove, that he was acquitted upon the first.

Had there been but the same Provision by our own Laws, against the falshood of Accusation, which our Au­thor is so afraid of, I am afraid it would have sav'd some of that Society, which his Pen so Persecutes, from Perish­ing so miserably by the Breath of some Miscreants, that might more boldly stop another Mans, when there's no­thing left to choak them but their own Lyes and Forge­ries; and who, perhaps, were the sooner brought to a shameful death, when their Accusers were never in any danger of their Lives: I could never meet with any Objection against this most equitably proceeding, but only that it might be a discouragement to such as might otherwise detect any Treason or Conspiracy; but since the Accuser has the same security for his Indemnity, or Life, against him that will venture falsly to accuse him of Forgery, that the person had whom himself, perhaps, justly accus'd, I cannot conceive, but he may proceed as boldly in confidence of the truth of his Depositions, as if there were no such Identity of Punishment an­next.

But our Author again, has less reason to condemn his Accusers there; since the Subjects of that Nation are more particularly bound by an Car. 2. p. 2. Sess. 2. cap. 2. Act of Parliament, that declares it their Duty, to depose upon Oath, when [Page 9] call'd by Authority, their knowledge of any Crimes against the Publick Peace, and more especially, for corresponding with Fugitives and Rebels; so that sup­posing their Testimony true, which being upon Oath, we must have as much Charity for, as our Author's Protestations, they could not avoid, both by their Law, and Allegiance, to testifie all that they knew; and till they are made appear by Reciprocal Oaths, and as strong Circumstantial Evidence, to have given in false Informations, they cannot be lookt upon as Pag. 1. Calumnia­tors, much less, punisht accordingly.

And here I cannot but take notice of another conve­nience his Law does allow him, though the manner of his Process is so injuriously reproacht. I am sure it is a defect in our own, and which nothing but the tender regard to the Soveraign's safety can excuse; and that is, the having the Evidence for his Innocency, sworn against the King, as well as that which for the King is brought to prove the Guilt; for Judges, or Jurors, (whatever is pretended) must be more influenc'd by that regard that is given an Oath, than to the bare Te­stimony of an Evidence that lies under no such Obli­gation.

I shall not positively take upon me to define whither by the Practise of Scotland, it is absolutely necessary to Vid. Vindica­tion page 2. specifie the particular Laws, upon which a Citation is founded, our Inditements we all know; set forth only in general, and contrary to the Statute in that case provi­ded: And I cannot imagine, but that the same Learn'd Advocate, who in his first Citation did so largely set forth in so many several Statutes, the Crime that affe­cted him; could (had it been absolutely necessary) have omitted it in the second, since they need not have been so far to seek for any Special Law, when some of [Page 10] the former that were cited, would have serv'd also for this, for the declining of the Soveraign Authority, and putting Treasonable Limitations upon the Prerogative of the Crown, or upon their due Obedience, and Allegiance; is by an Act Car. 2. made Rebellious and Treasonable, and 2 Act. 1 Sess. of Car. 2. if so, an entire transferring this Allegiance, and renoun­cing all Obedience, will amount to more than a meer limitation of it, and the declining of his Authority, is by an express Act of King James made High Treason; which by the same Translation of Allegiance it must ra­tionally, 8 Parl. Jam. 6. as well as legally, be concluded, he does decline.

But it is observable, that in this second Citation, to Vid. Vind. p. 2. which he excepts, he is proceeded against by the Ad­vocate, upon the Common Law, Acts of Parliament, and Municipal Laws of the Kingdom, which general Form is not us'd in the first, and so may supersede any speci­al Law, being set forth; as it is usual among us when Men are Indited at Common Law, there is no need of any Statutes being exprest; but since our Author desires spe­cial Law so much, I think there are many other Sta­tutes of that Kingdom, that I am afraid, will affect him too much, if this Expedient of transferring Allegiance be but once found to fail him, and it is those that Vid. 1.3.4. Act of Parl. K. James 6. Vid. 10. Act 10. Parl. Jac. 6. all exprest in the first Citation. or­dain, that no person presume to speak, or Write, on purpose to Reproach, or slander the King, or the Govern­ment, or misconstrue their Proceeding, whereby dislike may be mov'd between the Prince and his Subjects, and this up­on pain of Death: I am afraid many of our Authors works will rise up in Judgment against him, where this is to be made the matter of his Process.

In the next place, it is plain by this Citation, that even in Scotland, there may be Treason by the Common Law, and where by that it is set forth, I humbly con­ceive, [Page 11] there needs no more particular Law to be specify'd than with us in England, for by common Law, even there, can be meant no more than what our Coke makes it here, common Ʋsage; and if I mistake not, a Duck. de Authoritat. Lib. 2. c. 10. Learned Lawyer of ours from the Concession of their own Jo. Leslae. de moribus Scotor. Lib. 1. C. Leg. Scot. Constat autem jus Scotorum sicut & Anglicanum, ex consuetudinibus Scotiae. Countryman whom he cites, is of the same Opinion; so that this Authors Argument, will in short, resolve it self into this Interrogatory, whither of that which Common Law makes High Treason; a Special Law is re­quired to make a Man guilty?

SECT. III.

THe Dr. in the next place observes, That no Similitude Ibid. pag 2. of hands is in Criminal Matters admitted of for proof in Scotland, and that such Evidence is but a ge­neral presumption. I confess, we have here in England, the Lady Carr's Case against it, and Mr. Sidney's, and Vid. Tryal. several others, in which hers has of late been always overrul'd; but whither they have any President for it in that Country cannot assert, but if it be of any Autho­rity, that which a Learned Duck de Authoritate. Lib. 2. C. 10. Constat ex rerum Scoti­carum Scripto­ribus, in Judi­ciis, ad leges suas, & post eas, ad jus Ci­vile teneri. Author observes upon the Authority of the Civil Law in Scotland, that in their Administrations of Justice, they are ty'd to their Mu­nicipal Laws, and where that is deficient, to be guided by the Civil, then any one Criminated for High Trea­son, there must expect but little favour, especially in [Page 12] matter of Evidence, and Presumption; for though the Imperial Decrees are as tender of the Life of a Man, and have as great a regard to innocency, as any Laws we have in England; though they say too, That it is much better to spare the Guilty, than Condemn an Innocent; though they generally give it in the Satius est Impunitum relinqui facinus nocentis, quam innocentem damnari. Sic inquit Ulpianus, Di­vus Trajanus Severo rescripsit. D. 48. 19. 1. 5. Zouchei. Quaest. &c. 9.8. Vid. etiam, ejusdem Element. par. 7. Sect. 9. Vid. Legem Juliam. Inst. Tit. 18. Lib. 4. Negative, That no one can be con­demn'd upon Presumption; yet in their Crime of Lesae Majestatis, they all say 'tis excepted; and their very Sons and Servants upon a bare presumption of their Guilt shall be Condemn'd; and this Lese Majesty is a term not altoge­ther an Alien to the Laws of Scotland, but what I am sure there is in frequent use, so that it may be possible, even according to the grounds and practise of the Scot­tish Laws, to find a Man guilty, upon smaller proof, than our Author may imagine; and if he consider the many Acts of Parliament that were past, even in the Reign of their first Protestant Prince, King Jam. 6. (and I hope hee'll condemn nothing of the Reformation) that declar'd, and ordein'd what was High Treason, even in the largest extent, and all which are (I think) suffici­ently specify'd in his Vid. 1.3.4. Act 8 p. K. J. 6. 10 Act 10 p. of K. Jam. 6. 144 Act 12. p. of K. J. 6. with several of some other Kings. first Citation: Then I humbly conceive, hee'll have less reason to complain of the se­verity of his Prosecutors, and the Injustice that is done him.

I have this further to offer, it is expresly provided there by 10 Act 10 p. K. Jam. 6. and 2 Act 2 Sess. 1 p. K. Ch. 2. two several Statutes and * Acts of Parlia­ment; that to Write in Reproach of the Kings Person and Government, The Earl of Orkney was Condemn'd for signing a Treasonable Paper of Combination with his Neighbours at home. Treason by Ja. 6. p. 10. Dr. B. signs his League and Alliance with Forreign States. Treason. 1 Car. 2. p. 1. Sess. 1. c. 5. or by Writing, to put Limitations [Page 13] upon their due Obedience and Allegiance, shall be ad­judg'd Rebellious and Treasonable; if this by their Law is Statuted, or ordained (as certainly it is,) this Simi­litude of hands must be allow'd a Proof, or the Intention of the Law must be utterly Insignificant, for it is Morally impossible in such cases to give in any other Evidence; it cannot be imagin'd that those who make such Trea­sonable Construction with their Pen, will permit any persons to be present at the Penning it; Praesumptiones gravissimae suffi­cient ad paenam capitalem, si deli­ctum sit occultum & difficilis proba­tionis: Julii Clari sententia. Vid. Zouch. Quaest. praedict. and then all Laws will allow that for Evidence, where greater cannot be had, or expected: And I cannot see, why a serious Letter, solemnly sent, un­der his own hand, to a Publick Minister of State, about an affair which all the World knew him­self solely concern'd in, should not be accounted one of the Violenta praesumptio est ple­na probatio, says my Lord Coke. strongest Pre­sumptions, and which our Law too calls the fullest Proof, and this violent pre­sumption; in his case, I humbly con­ceive, was founded, as it ought to be, that is, Violenta praesumptio infertur ex justis causis & Circumstantiis. Vid. Zouch. El. de Evidentià causae. c. 9. on just Causes and Circumstances; for certainly, there was just Cause that gave them to believe, that our Author was the Author too of that Letter to my Lord M. and many Circumstances that seconded the belief of it, since he there represents the very Causes of his Writing exactly consonant with the Proceedings here, and since it might well be imagin'd from the na­ture of its Composition, that none but Dr. B. was the Writer, some things are so notorious that they need no proof even by Notorium probatione non indiget. Baldus ad C. 9. 2, 7. Law, and our Author would have been loath that any should have doubted it, from the peculiar excellency of the Style, and the reputation that himself says, his Works have gotten in the World.

[Page 14] It may not perhaps, be here too impertinently ob­serv'd, that the sending these Papers to a Publick Mini­ster of State, made them from his hands so many Pub­lick Eandem fi­dem obtinet, sides Instru­mentorum quam deposi­tiones testi­um, maxime si sint publica. C. 4. 21. 15. Instruments, when communicated by the Secretary to the Advocate of Scotland; and I know some Laws that say such Evidence is as good as a Deposition upon Oath; and as our Common Law calls it in other Cases; so this may be here call'd a Civil Record.

In short, the sole Question will be, whither in this Con­troverted Letter; and Papers, that were sent to the Se­cretary, there was any thing contain'd that Vid Letters, and Papers. reproacht his Majesty's Government, or limited our Authors Allegiance; when it threaten'd a slanderous Recital of the affairs of the Kingdom, and declares his Allegiance actually tran­slated; which the two recited Acts do literally declare rebellious and treasonable? or whither they are only some Vid. Vind. pag. 1. ill chosen Expressions? for which we have only the Presumption of Dr. B. (and if general Presumptions, as he says, are no proof, much less can a particular one be so) especially if you consider him, as a Party con­cern'd, and that no Law will allow him to Nemo Ido­neus testis in re suà intelli­gitur. Vid. D. 9. 22. 45. testifie for himself: This ill chosen Expressions is such a modest mi­tigation of what his Scottish Law calls High Treason; that I cannot help my self to such another Instance of civil Excusation and Apology, than that which another Celebrated Author, now an Inhabitant about the same Provinces, and probable, correspondent with ours, (though we do not hear of his Allegiance translated) made for a Doctor too; but one whose Works have less reputation in the World, who was pleased (upon the consideration of the contrariety and Contradiction of Oat's in his Evidence and Discourse) to grant that Vid. Mr. H [...]nt's Post­script. p. 41. he was a little Apert and Incurious in his Conversation; an Apertness & Incuriousness which the Statute has been so [Page 15] bold as to punish for Perjury; such a faculty has the fame of an Author, or the quaintness of his Style, to give a Politer turn, to those unpolisht terms, and rigorous Ex­pressions of reason [...]nd the Law.

The next thing that falls in our way, is somewhat Vid. Vindica­tion p. 3. of the same nature, and which he would so softly insi­nuate, that the being declar'd in the Writ a Rebel, does only intimate, that he is Contumacious: Had our Au­thor's Case indeed, been only the refusing to pay his Debts; and the King only been his Creditor, I confess, I could then have had milder thoughts of the Rebellion that is imply'd in his Letters of Horning; but since it is so far from that, that the Doctor declares, he owes his Majesty nothing, not so much as Allegiance, which Vid. Ut supra. their Laws declare Treasonable; I am afraid there is somewhat more that affects him, than barely but a formal Contumacy and Contempt: It is the matter in the Citation, with submission to his more peculiar opinion, that empower'd his Majesty to demand his punishment or surrender from the States, and not his being pro­nounc'd Rebellious at Edinburgh, or the Peire of Leith; it is not for the Rebellion in the Writ, but for the Treason that the Citation contains; which I humbly conceive, by his Non-Appearance for the space of a whole Year, he has Convicted himself of: I fancy he had made a better Parallel of this Scotch Horning, had he compared it to our English Outlary, and instead of putting it in­to the Chancery, had brought it into the King's Bench; Writs of Rebellion, we all know, are Matters of form with us in that Court; but no one will agree here, that when a Man is Out-law'd for High Treason, he is no more a Criminal, than he that runs into Holland for fear of an Execution, by the Bayliff, and not of the Hangmans. It was the misfortune of a Vid. His Rest. on Varill p. 55. Sir Tho. Arm­strong's-Case. friend of His [Page 16] whom he would make to be murder'd, to meet with the difference, and yet Justice too; whatever have been our Authors injurious and multiply'd Reproaches, al­most in every Print, upon the just Much less Reflection on a Chief Ju­stice was ad judg'd a Libel with us, in 18 Ed. 1.3d. Inst. c. 76. and by the Laws of Scotland for defaming a Judge falsly to be punisht at the King's Will. Jam. 5. p. 7. c. 104. Judge than then Presided: The peculiar resentment of our Author, and that perhaps, for some just disappointment, has so plain­ly occasion'd those unjust and repeated Reflections on that Loyal Peer, that as his Honour and Integrity super­sede all Vindication, so this Authors defect of Sincerity, is betray'd beyond defence, and the result only this, that his Lordship may be said to lie much above those lew'd Calumnies, and but little Under.

SECT. IV.

BUt for all what our Author does so plausibly suggest, doubtless, there must be a great deal of difference between a Criminal Process, and a Civil Action; which if there be, then the Issue that is directed thereupon, though in formality it may be the same, must in matter and substance greatly differ, and the Consequences that attend it, as I have toucht upon before, are of as dif­ferent a nature; which when the term is elaps'd, the one will only affect your Estate, the other both that and your life; for though in both Cases you lose the benefit of the Laws; yet when the Crime is High Treason, you may more properly be said to forfeit the Protection of the King; but for that, our Author had provided for [Page 17] before hand, and from his own Vid. Six pa­pers, pag. 39. Maxims anticipated that forfeiture, by the renouncing his Obedience.

But further, I am well inform'd, that though the Dr. would make all his Process to be but a formal Cita­tion; and that there is no cognizance taken of the mat­ter it contains, that even in Scotland, a Citation, and Inditement, are indeed the same in signification, tho' they are two different words. The first form they are forc'd too, when the Criminal absents himself; and the second (though the same in substance) in the form of a Libel, he's to plead to when in Custody: Had the Ci­tation exprest nothing of the Crime, then I confess, our Authors Arguments had been better apply'd, but I cannot conceive now, without the greatest Absurdity, how a Citation can be issued out, expressing the Matter, and yet no Cognisance to be taken of the matter it ex­presses; if a Citation be a Judicial Act, then sure what is therein contain'd, is as judicially taken notice of: But though this second Citation seem so surprising to him, he cannot be such an only Stranger to his own Jerusalem, as to know none of these things, unless the flying into Egypt has made him an utter Alien to the Common-wealth of his Israel; nothing is more common in his Country, then that the King's Advocate when he discovers some new Matter of Fact against the Criminal, to issue out a second Citation for his Appearance? This is call'd an Additional Libel, in which there is no need to assert, and set forth any Special Law, because it usually refers to the first, in which the Laws are specify'd; and since our Author ends this Citation with an &c. we are left in the dark as to the latter end of it; and perhaps, he may Vid. Vind. p. 2. as unsincerely have left out some of the beginning; but though he had been more ingenious; and this last Cita­tion had no reference to the former, some that under­stand the Law of Scotland too, do not agree with our Ibid. [Page 18] Authors Informers, but are of Opinion, that where the King's Advocate does accuse a Person of a Crime, that is in its own nature Treasonable; and what implys the Pains and Punishment that is due to Treason, that then it is time enough for the Advocate to set forth the Special Law for it at the Bar, and the Judges will as certainly find the Libel, or Inditement, Relevant, which is like our Grand Juries in England, finding of the Bill, and this practise (if I mistake not) of naming no par­ticular Act or Statute in High Treason, is as usual with us here, it runs through all the forms of our late Try­als and Inditements, which only mention against the Statute, in that, or the like Case provided, and leave it to the Attorney, which is but another sort of Advocate, or the Judges, to declare what Statutes they pro­ceed upon; but because general Assertions may be no proof with some that will dispute any, tho' the thing has been so often objected by the Prisoners, in all our late Proceedings, and always so answered by the Jud­ges, yet our Author will particularly find Mr. Sidney, a a Man of no easie temper to be satisfy'd, to be forc'd Vid. his Tryal, pag. 7. to submit to it; and this Judge, that our Author has so injuriously defam'd, to tell him as much Iustice, That when he came to his Tryal, the Attorney might tell him what Statute he went upon, and give in Evidence any Act of Parliament that comprehends Treason; and as the Scots did of old Symbolise with us, from the Vicinity of the Countrys, so somewhat in their Their Books of Reg. Majest. much after the manner of our Glanv. de legi­bus. So also their Parliam. like ours. Vid. Duck. de authoritate. lib. 2. cap. 10. Laws and Constituti­ons, as well as with the more antient of the Romans; so I were almost assur'd that even in this modern practise which our Author disputes, we might have somewhat of agreement too, which I would not venture to affirm positively, till I were by a Person of Honour and Inge­nuity, and of the same Country further assur'd; neither is it improper to this place to observe, that though our [Page 19] Author insists on the insignificancy of the Term Rebel in the Letters, or Writ that declare him so, for his Non-Appearance; that it may there have a double significa­tion, both with relation to his Contempt to the Laws, and the Crime that he is charg'd with against the Prince, the Ʋnivocal sound of the same word, will never do him any Service in his Aequivocal Interpretation of the Sense; and the little kindness that he has to the Society one would think should make him as afraid of an Aequivocation, or a Mental Reserve, as of the very Mass it self; yet such is his reasoning, notwithstanding that Antipathy he has against the Name; for this is plain, that the Demands that were made of him, from the States, is founded upon the Matter and Substance, and not the formality of the Word; for where it is formally us'd in Civil Actions, there Letters of Relaxation are granted to the Partys if they satisfie the Debt within a Year and a Day, and so acquitted, which shews that the Term Rebel, is there meerly us'd for form; but where in the other case he is a presum'd Rebel, both by Matter and Form; there, though he be Relaxt of his Letters of Horning, by his Appearance, yet he might be hang'd for a Rebel after he appears; and I suppose, that may be one of the Reasons, why the Reflecter stands out in Contempt, but then he ought to have con­sider'd further of what follows in his Country usually in such cases, which makes a greater difference; that after the publication of these Letters, and a year elaps'd; in his case, the King's Advocate can issue out another sort of Writ, call'd Letters of Intercommuning, where­by all the Subjects of that Kingdom are forbid to con­verse with him, to supply him with any Necessaries, up­on the Penalties of High Treason; and this to extend, not only to such of the King's Subjects as reside at home, [Page 20] but to any that are Inhabitants with him in Holland, or if he had translated himself and his Allegiance with the Hollanders to Japan.

So that from this it will appear, that even by the Law of Scotland, a Man (against whom the Writt of Horn­ing is directed, importing High Treason) is a Rebel of an higher nature, till he come and take his Tryal, and that before the Letters of Intercommuning are issued out; & though Terms in Treatises are to be taken in the com­mon acceptation (as our Author tells us) not as in Courts of Justice, yet Lib. 2. c. 16. Sect. 84. Grotius will tell him too, that there is also a great Liberty to be allow'd to conjecture in Ho­monimous Expressions, and Amphibologys, and that Terms of Art, such as Majesty, and Parracide, and we may add, Rebels and Fugitives must be all explain'd by Men most skill'd in the Law.

But because there can be no fairer way of dealing with your Adversary, but by consuting him even from his own Concessions, (for Arguments that are Diame­trically opposite, do but in a more Eloquent manner, give one another the Lye) wee'll suppose with him for once, that these Letters that denounce him a Rebel, mean nothing, but that he is a little Contumacious, that they are meerly but so many Writs of Rebellion, which here that Honourable Person he so reviles, does many times issue out of Chancery; wee'll suppose our Au­thor retir'd into Holland, only for some disorder in his affairs, or for a little imaginary Debt; yet even in those very Civil Actions, the Laws of Nations allow such a Latitude, that Letters of Request may be made to the Forreign State, and if they are deny'd, those of Repri­sals Vid. Rolls A­bridgment, fol 530. a Case to this pur­pose. may be granted; and if Private Subjects have such Remedys, it will be hard to deny a Prince to demand satisfaction for a publick offender; and the Dilemna was [Page 21] never so much as doubted; but that a Tryal was to be order'd by the Forreign State, or the Criminal surren­der'd to the offended one; I gave our Author several Presidents for these Proceedings; but he that pretends to Vid. Parliam. Pacif. answer all, left them all unanswer'd; I shall present him more of the same nature, when we come to a more proper place, but it is somewhat more apposite here, since he would make his Treason but a sort of Civil A­ction, and himself no more than the King's Debtor; to tell him, that in Edward the Second's time, some Mer­chants of Florence having receiv'd the King of England's Rents, run away with the Money to Rome; the King sends his Request to the Pope, demands the Goods to be secur'd and their Person seiz'd, and neither of them de­ny'd. The like was done to one that fled into Lorrain with 500 l. of the King's Money; the Duke upon de­mand, seizes the Person, and secures his Goods where­ever they were found, till he had satisfy'd to the full, so that I hope from hence may be concluded, that even a Man that does not Vid. Vind. pag. 3. pay his Debts, or retires into Hol­land, only for a disorder in his Affairs, may give our Go­vernment a right to demand him: For if it be granted in the Case of a Forreigner, it will be good in a Native's, a fortiori.

To summ up all the Substance of this Point, It seems very strange, that the Proceedings of the Justice in Scotland, should be so Arraign'd, where the Laws are so favourable to Offenders, as to make the very Judges the greater Criminals, if they should offer to do the least wrong, and Injustice, and liable to the most Jam. 1. p. 2. 6. 45. Jac. 5. p. 7.104. rigorous Punishment; where the Witnesses are in such danger for their given false Evidence, that they expose them­selves to the Punishment of those they accuse, if they can be ever convicted of the Perjury and falshood, and [Page 22] that whither it be Pecuniary, Corporal, or Capital; and where by particular Jam. 6.11. p. c. 49. Act, Calumniators in High Trea­son, are (if the accused Party be acquitted) guilty of the same Crime, expos'd to the same Punishment. And it will be no easie matter, when they are expos'd to such terrible Consequences for the Perjury, to procure Knights of the Post, though it were to serve even an In­terest of State; Vid Six Pa­pers. p. 49. to fasten pretended Crimes (as our Author has it) on those they have a mind to destroy: There is a Society our Author has a mind to destroy; and I think some of the Members, not long since, were as miserably destroy'd, for want of this Severity with us, against such Profligate Evidence as accus'd them: The Dr. knows this to be true, and is so far for verifying it, that he would have his 1. Note▪ That the second Citation does not in­validate the first, much less prove the Witnesses forsworn, and he confesses, that the Matter agrees with the former, Id. p. 3. Accusers accordingly punisht, even before they are Convicted of any falshood, and himself not so much as try'd, or acquitted.

Thus have I done all that Justice to a Nation, even in its Judicial proceedings, that they could expect from a Forreigner, from his little Learning, and less Examina­tion into their Laws, which he found, even upon that little he has made, both agreeable with the ancient Roman Equity, in many things Consonant with our own, and in some cases recited already, beyond ours; more equitably Just, so it will seem somewhat harder to be born, that this Nations Justice should be so much ar­raign'd by him that is their own Criminal, but because our Authors wonted Vanity, may not arrogate the in­glorious Fame, of being the first Invader of the Judi­cial Proceedings of his Country, he has only borrowed [Page 23] from Judices quantum in se est, lationes legum impe­dire, civium bona Judicum, arbitrio esse concessa: eo­rumque esse perpetuam potestatem; Imperium plane Tyrannicum, Buch. lib 14 Rerum Scotic. ad Ann. 1532. Buchanan, that went before him; who has told the World that their Judges were but so many Inter­rupters of Justice, that the Subjects property depends on­ly upon their Arbitrary power, and that the Government is truly Tyrannical; & such a courteous Historiographer to his Country (as he may be well call'd, an Original;) so it was our Authors Peculiar to transcribe him, and could never have been Copy'd by a better Historian.

SECT. V.

THe Memorial of the Marquis de Albeville, I cannot pre­termit without somewhat of Vindication; though Vid. Vind. pag. 3. the Missive of Mr. Fagel, that was given him against my own Works, I more willingly pass by; our Author when he not only reflects upon that Instrument, but ri­dicules it, transcends not only the bounds of a modest Writer, but parts with all deference to a Crown'd Head, as well as his Allegiance; the Character of an Envoy is the most immediate representation of the King, and every Act of his, but another of the State; and what­ever Liberty our Author pretends to, their Lordships might have had more Honour than to suffer the Memo­rial of his Majesty of Great Brittain to be Burlesqu'd; Vid. Their Extract, out of their Register, on the King's Memorial, An. 1664. Answer'd by Sir G. D. [Page 24] but by them it may be better excus'd, since it has been so much their practise before, or I must suppose, as Dr. B. does in his Satyrs and Sarcasms upon the King, Vid. 6. pap. that even this was done without their knowledge; and that though the Author has subscrib'd his Name.

The substance of the first Memorial (as himself has Vid. Abstr. of the K. Memorial in Vin­dicat. p. 3. abstracted it among the Reflexions he has made upon me; I shall in short resolve into these three Interroga­tories.

  • 1. Whither our Author has defam'd the King and his Government, and represented him as a Persecutor, and his own life in danger?
  • 2. Whither by Law, any of the Kings Subjects could seise abroad on Criminals to our State, in what manner soever?
  • 3. Whither the States ought to have punisht our Author, and his Printer?

As to the first, whither the King has been defam'd by him and the Government? If the Question be taken in general terms, it might as well be doubted, whither we had any Government, or King? and after all those ela­borate Libels that have been publisht; most of which, himself has own'd; and for the rest no more Moral E­vidence can be desir'd to ascertain them to be his: It would be an affront upon Humane Reason to dispute it. Has not the Justice of the Nation been arraign'd by him in all its Proceedings since his Majesty's Reign? have not his Vid. Six Pa­pers page 1. Id. p. 3. Ministers of State been made the most fearful Mercenaries? have not the Judges on the Bench been re­presented by him in the Sayings of Mr. Sidney, as so many Blemishes to the Bar? Has not the Scarlet of those Twelve men been made by him almost as Criminal, as [Page 25] if it were only the colour of their guilt, instead of the Badg of their office? Has he not charg'd them plainly with Corruptness, or Ignorance, Infamy, and a Scanda­lous Vid. id. Contemptible Poverty; as if he had made use of his own Province and Sacred Function for the defaming of his Soveraign and Prince, and would have apply'd his Text of making his Judges of the Land out of the meanest of the People: Has he not threatned them with the Exaltation of Tresilian, and fated them to a further Promotion, that of being Hang'd? Has he not in the most opprobrious terms exposed the Chiefest Minister in the State, pronounc'd his executing of Justice a Campagne; an Act of Hostility to all Law, his Vid. id. p. 22. p. 33. serving His Majesty; an outragious Fury, and his Zeal for his Soveraign, but so many Brutal Excesses: Are not the King's Counsellors Id. curst, for a few Creatures whom the Court has gained to betray the Kingdom? Vid. id. p. 24. I am sure he has met with no such foul Language in all our Animadversions, tho' I may modestly say, it might have been better laid out upon him, than where he has bestow'd it. Is there, in short, any part of the Government that he has not traduc'd, or any of its Proceedings that are not most scandalously represented? If this can be called a defaming of the Government; or if in the worst of Times the Govern­ment was never so defam'd, then that Word in the Me­morial, was not shuffl'd in with haste, unles it were Vid. Vind. p. 4. because the multiply'd Reflections were so notoriou­sly plain, and there was no need to deliberate whe­ther the Government was Libell'd.

Then for what Respects the Defamation of the King, (whose Reputation, I suppose, might be sufficiently wounded through the sides of his Officers, and the Blemishes he has cast upon the Administration of [Page 26] Affairs) but our Author's Sublime would have been lost in the Condescention, had it rested there, and not reach'd at the Throne, and the Person of his Sove­raign; and represented him as a Despiser of all Fame, Vid. Six Pa­pers, p. 1. and as an Heroick Practiser upon some few fearful Mercenary Spirits. Not a Declaration (which His Majesty makes his own Act by signing it,) but by him in the severest manner has been Satyris'd, and his Sacred Word in every one of them expos'd with scorn and derision.

The term of Vid. Six Pa­pers, p. 9. Absolute Power in the Toleration to Scotland, is represented as a Roman Piece of Tyranny; and he might for once, with March. Merc. Polit. Numb. 67. 79. Needham, in his Mercury, made his King another Tarquin; or with Mr. Sid. in his Vid. His Tryal. Politicks some Caligula, as well as Legibus Solutus. But I must tell this outragious man, That this Absolute Power is no such new Term in the Scotch Law, and that there are particular 1 P. Car. 2. Acts of Parliament for the declaring of the Prince, Soveraign and Absolute: But this descant upon the Point must be carried to that height of Defamation upon His Maje­sty, as if he had renounc'd Christianity it self, and no Oaths were able to oblige him; and his being to be Vid. id. p. 9. obey'd without Reserve, was only to render him a Turk, as well as a Tarquin: I confess, those his Repre­sentations do carry it some sizes beyond the Grand Vid. p. 21. Seignior's, and are a pretty Essay of his toward the Description of a Mahometan Government: But as he is pleas'd to observe in another place, Did the Obedience of the P. 14. Bowstring obtain with all sort of Subjects, such Authors might well be ordered and obliged to send in their Heads. How is the Person of his Prince trea­ted in those dishonourable Reflections he has made up­on his sitting some time since, as his Brother's Com­missioner, [Page 27] in Vid. p. 13. Scotland; where if Injustice, and Ingra­titude, Treachery, and Design, be such Charges as can blemish the Reputation of a Prince, Harrison himself could never have blackened his Father more: But if we look back upon England agen, (for our Author thinks his Libels defective, if they do not villifie the King through all his Dominions, and they leave one of the Crowns untarnish'd, or the least Jewel of it without a Cloud. Therefore Ireland is toucht upon too in some of his Papers.) The Additional Excise (which those that were more concerned in than this Author, never complained of) is by him made one of His Ma­jesty's Invasions of Property; the Disorder of Souldiers apply'd to the very Person of his Prince, and his Per­mission. The Execution of such as desert their Co­lours, Vid. Six Pa­pers, p. 22. but so many Murders, occasion'd by the King and his standing Army, in time of Peace, and an attempt upon the Property, (as he will represent it) of the Na­tion in gross; and all this rank Sedition aggravated un­der a Satyrical Irony and affected Supposition of its be­ing all done without His Majesty's knowledge.

And this, I hope, is sufficient Proof that he has de­fam'd the Person of the King, as well as his Govern­ment, and that the Envoy did not commit an over­sight in Vid. Vindi­cation of him­self, p. 4. his haste, when he inserted it. And these I think are such rude Reflections, and severe Recrimina­tions against the King and the Crown, that they are not to be defended from Seditiosi sunt qui plebem con­tra Rempb. &c. C. 9. 30. Engendring Discord be­tween K. and People, Trea­son and Lea­sing making, 10 Act. 10 P. Jam. 6. Jac. 1. p. 2. c. 43. Sedition, and the most dan­gerous attempts to disturb the State, by any Pen, but that pestilent one which makes them. The Service the Dr. does the Church of England by this preposte­rous way of befriending it, I am afraid will hardly be acknowledg'd by Her, for such a Favour, unless She mi­stakes Her Interest, out of a Zeal to promote it, and re­nounces those loyal Principles to which so long She has [Page 28] so Justly pretended: And I am sorry to see, that by some of its Members the Improvement of ill Princi­ples shall in the same man be applauded, which them­selves have formerly, when he was not arrived to that pitch of Wickedness, condemned, even in the same Person that has now amongst many too much of ap­plause. It is known, that our Author had once some of the Greatest of its Pillars, that oppos'd his Prefer­ment, P. 6. and himself complains of it too: And I hope it was upon that good Principle, that they found his to be but bad. His Metropolitan of Scotland, I am told; once was consulted for his Character, when he first came out of his own Country, and he, I think, gave him none, that could recommend him much to ours; or the Church:

So that when impartial People see those that he has represented for his Vid. Vindic. of himself. p. 6. Enemies, and perhaps who well might be so, when as I am inform'd he let them know, upon their old opposing of the Bill of Vnion of Dissenters, that he hoped to see the time that the Establisht Church might be glad of one, of Comprehen­sion for themselves, when they see those so celebrate him for a Friend, and this same Person that was at such Enmity with them, so wonderfully chang'd and endear'd, it will certainly give some occasion to ob­serve, That sincere Honesty can never consist in both the Extreams; that if our Author was once such an ill man with them, he can never be meliorated now, only by being worse; and that either the Dr. and the Church were both in the fault, for their falling out before, or very much to be blam'd now, for such a contradictory Combination and Agreement.

But I know too, that many good men still, of our Establisht Church, think D. B. still to be the same [Page 29] man, and that his unseasonable Services might have been better spar'd, since it is so plain, that his Pleading for the Church, proceeds from the opportunity that he takes by it, to maintain his own Quarrel, and to libel the State, and that the defending of the Bishops now with such an unwonted affectation, is only done for the defaming of the King with the better Grace.

As for the other part of the Interrogatory, whither the King has not been by him represented as a Perse­cutor, and to have designs upon his life; shall be made as apparent, and that it was well by the Envoy, put into the Memorial, and as ill by this Author, in his Vin­dication excus'd.

First then, he must admit the Charge of this unjust accusation of the King, or what will, I know, be more grievous to a man of such applauded Parts and Per­formances at the Pen, His excellent stile, to be guilty of an incoherence and impertinency; for immediately after a long Representation of his Suffering under a se­vere Vid. Six Pa­per, p. 49. 50. Process, and which we know is alwaies at the Suit of the King, after he has represented himself so ready to sacrifice his Life, after some Descant on the Evidence that were to testifie at his Tryal; then most emphatically follows, That it is yet too early to set on a Persecution for Religion; subsequent words must alwaies have a Relation to their Antecedent, and a celebrated Historian can never be said to forget his Grammar; neither can it be thought that out of respect to His Majesty, he would violate any Rules in Orthography, who in many places, to defame him, has made use of The Liege Letter, an ab­surd Fiction. Reflection on Q. Mary and Varillas. Absurdity and Vid. Vind. pag. 3. Contradiction.

The lame and ridiculous Excusation that he forces out even in spight of Sense, and opposition to Fact, will not serve the Turn. * These Men are two words [Page 30] that will do him no more service than the Vid. First Part of Refl. pag. 7, 8. Still Seems, and those I think I have made appear, were not such ill chosen Expressions, but a dulness of Ap­prehension, that made them raise such a Dust. It is plain by these Men, can never be meant as he would make us believe, of his Informers; for in the prece­ding Paragraph he clears all his Witnesses, Evidences, Vid. Pag. 20. and Informers, by their own Declarations and Sub­scriptions, from being able to say any thing that could affect him; and certainly these Men, that he was satisfy'd, had nothing to say against him, were not thought by him to be those Men that intended to destroy Him.

I will in this case make him a better Excuse out of a charitable Construction, than he has yet made for himself; I hope without that foul Language he lays to my Charge, I had convinced him in my former Animadversions, how fouly he had fallen upon the King, and that may have made this last of his Papers a little more modest, and himself so far humbl'd, as to be pleas'd to give us a milder Interpretation of his Words, than ever was his Meaning in their first Composition and Original; for they being rang'd among the rest of those Papers that have so much of that unimitable boldness, in the blemishing of His Majesties Person and Government, Quaere. Whi­this may not be called Evil Information of the King to his Leiges, which is Lea­sing making by the Laws of Scotland. Jac. 5. p. 6. c. 83. cannot be presum'd to be more civilly meant: Our Author knows (if hee'll but pardon the Application of his Ecclesiastical Function to a Civil use) that it is the Practise of the men of his Profession, to discover any dubious sense of the Scriptures, or the Fathers, by ha­ving recourse to Texts and Contexts, by considering the several Parts of the Works, how they cohaere; and from such Collateral Relations to make their most reasonable Constructions; if I may therefore deal with [Page 31] the Dr. in his own way, I hope to make it very plain, That by These Men might be well meant by him, the King, and His Ministers that had a mind to persecute and destroy him: If he can paint Him as a Terror to his People, with his fearful Mercenarys, because possess'd with his own Religion, may not he think, he may per­secute and destroy them for the sake of theirs; and that when our Author in his repeated Reflections, has so barbarously observ'd, that for Religion it self, Vid. His Re­flections, or Parliament. Pacific. 1 par. pag. 2. Six Papers pag. 2. he must unavoidably do it; does he not apply the decry'd Persecution in France, to the King of England, that Proclaims nothing but Indulgence; and that this Pag. 10. p. 14. King, to countenance him, will copy after him; that his Ab­solute Power may declare us Hereticks, to be burnt with­out Reserve; has he not forc't the King's own Words of Invincible Necessity, to extend to Tortures, Dra­goons, and Death it self, where necessities are not in­vincible? And if by these must be meant only Infor­mers to destroy you, how comes the Government it self to be made Mahometan; and His Majesty's Pag. 21. Oath that he has made to be administred in Scotland, but an Pag. 14. Obedience of the Bowstring, an Order to send in their Heads and destroy themselves? I am apt to think our Author has forgot himself, when he would palliate and excuse a Reflection upon the King, or that he may be surpris'd at the repetition of his own Extrava­gance.

SECT. VI.

THe next Question that comes to be Consider'd, is, Whether by the King's Laws, every one of His Subjects was warranted to seise on such Offenders, in Vid. 1 pag. what manner soever? if so, then the Dr's. Exceptions are more hastily made than the Envoy's Memorial.

The seising such Offenders, I had given him several Presidents of before; but our Author that pretends to Answer all that concerns himself, has indeed left it all Ʋnanswer'd: By the Statute Laws of both Kingdoms (setting aside the natural Leigeance that obliges them) the Subjects are bound to detect all such as enter into Vid. L. Coke Inst. Vid. any Treasonable Conspiracy against the King and Government, and cause their Persons to be Jac. 6. p. 14. C. 205. appre­hended, and that upon pain of being * punisht as Principal Offenders; and this shall extend to all Sub­jects of the King of Great Britain, where-ever they re­side; and more particularly, by the Laws of Scotland, the Letters of Intercommuning extend to all their King's Subjects whatever Country they inhabit; neither will that Expedient of a translated Allegiance excuse them; neither can it be imagin'd from even our own Law, but that all Allegiance, and Obedience, is inseparable even from those Subjects that reside in another Do­minion, and even in the Service of a foreign Prince, since we have an 3 Jac. c. 4. Act that makes it Felony for any to go to any Neighbouring State, or another Prince's Territories, without taking an Oath of Obedience to [Page 33] their own Prince; this my Inst. 3. c. 23. Lord Coke extends to De­mocratical Governments, and Republicks, as well as Principalities; and that to those that go thither, even without any design of entring into Forreign Service, barely for omission of taking this Oath of Obedience, before they went out of the Kingdom; a Law though it has been look'd upon like a dead Letter, and so little executed, yet will serve to let us know, that this Pre­cedent Oath was requir'd; to prevent the pretence of suspending your Allegiance by any forreign Naturali­zation, which though it may priviledge you in another State for the present, could never annull that Antece­dent Obedience, that by your Birth you ow'd, and by your own Act had sworn to your Natural Lord; so that it supersedes all doubt, but that by the King's Laws Vid. his Ab­stract of the Memorial. all his born Subjects, wherever they reside, are bound to observe those Laws among themselves, and if such Offenders as our Author can be seiz'd by the King's Subjects at home; they are as much oblig'd and warrant­ed if they have Power and Opportunity, in what man­ner soever to put it in Execution abroad.

Where Reason and Law do Justifie such proceedings, it does almost supersede any Necessity to defend it, by Presidents, and Arguments, from Practise and Fact, but even for that, as we are not deficient; so we will not be wanting to produce them; though we had sa­tisfy'd the World in it before, and one would think our Author too, since he has not offer'd to return to them the least Reply.

The Case of Dr. Story was so truly represented, Dr. B's 13 Q. Eliz. 1571. too, and yet no otherwise than the truth of the Fact, and that as it is related by Fox, so truly parallel, that I cannot discover the least disparity, unless it be in this alone, that the one is a famous Doctor in Divinity, and [Page 34] the other was only as Celebrated a Doctor in the Civil Law, which since our Author would not take notice of, when he was answering all that Related to himself, we will repeat it here a little more at large. Vid. pag. 1.

Story was Imprison'd upon Queen Elizabeth's coming to the Crown, only for having been zealous in the con­cerns of his Religion, in the Reign of Queen Mary: The Famous Fox gives no other reasons for it, but re­presents him (as you might expect) under the colour of Cruelty and Persecution, though indeed he acted as a Lawyer, and an Advocate, and so could not be charg'd with those Consequences that attended his Vocation, no more than the King's Council in Criminal Causes can be said to kill a Man whom the Law Condemns, or the Advocate in Scotland to Persecute Dr. Burnett, because it is he that Complains of him in the Citation: How­ever, Imprison'd as he was, he makes his Escape, gets over into Flanders, is naturaliz'd, resides at Antwerp, acts by special Commission under the Governour; but being reported here, to have animated Spain to some Hostilities against England, as our Dr. does the Dutch to Vid. 1 par. of Refl. p. 5. resentment of Injurys which signifies the same, this by the Laws of Queen 13 Eliz. Dyer 298. Elizabeth her self, being adjudged High Treason, and this having been Cardinal Vid. 3 Inst. c. 1. In Angliâ sparsum est se­men ut vix â Turcico, &c. Pool's Case, who was accus'd for encouraging the Emperour to invade his own Country, by writing of Books, that made the King almost as ill as the Turk; or as our Au­thor expresses it in his Vid. Six Pa­pers. upon our Kings Absolute Power, by the * Bow-strings of Turkey, and the Mahometan Government. These things, (though acted beyond Seas, being in her Reign adjudged Treasonable, as appear'd in the Case of Patrick O Cullen, an Irish Man, for a Treason at Brussels; (and our Author cannot with Ju­stice, Hill, 36 Eliz. reflect upon any Resolutions in her Reign, only [Page 35] cause they justifie against him the Proceedings of the present;) People then having these sort of Judgments and Apprehensions of Dr. Story's Case in the Matters that our Dr. Burnett now disputes in his own; they con­triv'd this Plot, that one Mr. Parker should set Sail for Antwerp, being a Merchant, and by some means, or o­ther (says Fox) bring over this Doctor into England; and that is, as I humbly conceive, to seise on him there Vid. Vind. p. 4. in what manner soever; Parker repairs to Antwerp, and Fox. Acts and Monuments, pag. 21 52. Lond. Edit. 1583. (as our Author phrases it) suborned some Persons to lie so far for the matter, (though it cannot be believed that they had any dispensation for it,) as to signifie to him there was prohibited Books aboard in the Ship, into which, when they had Deluded the Doctor, they as soon set Sail with him for England, where by the way I cannot but observe, that this Celebrated Martyrolo­gist calls him Traytor and Rebel, even before he was Try'd; but to his Tryal he was brought; and there as I formerly represented, pleaded his Vid. Dr. Bs. first Letter to my Lord Mid. Allegiance translated from her Majesty, to the Soveraignty of the King of Spain, and that for seven years ago; that he was his Sworn Subject, Vid. Baker's Chron. p. 349. Dyer p. 298. 300. and therefore (as he well deserved) says this Book of Martyrs; he was Condemn'd as a Traytor to God, the Queens Majesty, and the Realm, (and as says another Author) because all his Pleadings were over­rul'd per form of Nihil Dicit, the Judges resolving (as I recited in the former Treatise) that no man can renounce the Country wherein he was born, or abjure his Prince at his own Pleasure; and with this agrees expresly the Civil Law, as hereafter shall be shown: The barborousness of whose Execution, being cut up alive, and in his An­guish, after dismembring, striking the Executioner, must be more Condemn'd, than the Process against him, and cannot be excus'd by such an Author's outra­gious [Page 36] Zeal, in terming him a Bloody Nimrod, Tyrant, and a Persecuter; and to make the Parallel, between the two Doctors more plain, the Encouraging, and pro­moting an Invasion of her Majesty's Kingdom, was laid to Story's charge too, and adjudg'd High Treason upon a Solemn Debate of the Judges. * Vid. Dyer, fol. 299.

I cannot find that Spain, (though otherwise suffici­ently incens'd against the Queen for the Countenance and assistance she gave to the Disturbers of his State) ever made this seising of a Naturaliz'd Criminal, even in time of Peace, any Article for the Justifying of a War, or so much as complain'd against it as a Breach of the Laws of Nations; and why? Because it was never then disputed, but by the Kings Laws, every one of his Subjects was warranted to surprise, or to seize on him there, in any manner whatsoever: Our Author must make himself more Ignorant in History, than he would make our Envoy in the French Tongue; if these sort of Proceedings never occurr'd to him in his reading: but because we are apt to forget such Passages as may chance to displease us in their application, I hope to make it appear, (without being reproacht for foul Language, or less respectful to that reverend Character he bears; then himself has been to that Honourable Person that repre­sents his Majesty,) that the Dr. has not taken the pains rightly to inform himself in this matter, and refresh his * Vid. Vind. p. 3. Memory with an Instance or two more.

Vid. Heath's Chron. 62. part 4. Corbet, Okey, and Barkstead, some of the Regi­cides, upon the Restoration of the late King, and some that were excepted out of the Act of Oblivion for be­ing Men eminently concern'd in that Execrable Murder, were in the Province of Holland, at Delph and other places, seiz'd by Sir G. Downing the King's Minister, and the Assistance of the Dutch themselves, with the order [Page 37] of the States, and by the Marshal of the Town.

The seizing the P. of Furstemburg, and now Cardinal, in a free Town, tho' an Imperial City, in the service of the French, was justified by these Dutch Vid. Their own Nether­land Historian. because he being a natural born Subject of the Emperor's, he was found undermining of his Government.

And that which is fresher in our Memories, and with which I had refresh'd our Authors in the former Trea­tise, is the Case of Sir Thomas Armstrong, when he lay under the same Circumstances, being Outlaw'd for Trea­son; which in England is the same with the Scots Let­ters of Horning, and I think somewhat more than a Writ of Rebellion out of Chancery. This Gentleman, by the Procurement of His Majesty's Envoy, then residing at Anno 1683/4. the Hague, and the help of his own Servants, with the assistance of some of the Officers of the Town in which he was taken, was seiz'd at Leyden, sent over into Eng­land, and by a Rule of Court order'd to be executed; as is usual where the Outlawry is not allow'd to be revers'd: And, I know Dr. B. remembers this so well, that he has past an Invidious Reflection for it, both on our Government, and Mr. Vid. Conti­nuation of Re­flection, p. 59, 55. Varillas; tho' he is forc'd to grant, even where he would willingly make this Proceeding against the Knight but a sort of Judicial Murder, That the Condemning Men in Absence has been alway Practis'd by our Law, where the Absence was Wil­ful; and we all know it is so too by the Laws of Scotland. P. 54. And I hope no one will imagine, that the Dr. was detain'd in Holland against his Will. And as I have al­ready advis'd our Author, out of Tenderness and Re­spect, so it is still my opinion, That it would have been a wiser Reflection upon his Case, to consider, that by the King's Laws every one of his Subjects is warranted to [Page 38] seize on such Offenders, in what manner soever, then to reflect upon nothing else, but the Justice of the Court that Condemned Him, and the Memorial of His Ma­jesty that demanded the Dr. And this Transaction is not an antiquated President, that our Fathers have told us, but what we have seen with our Eyes, and heard with our Ears; tho' I cannot hear that the The At­tempt that was made since upon another Per­son, at the Hague, was of another nature, and of which they might with more reason complain. States ever return'd us any publick Remonstrance against it, as a Breach of Priviledge upon the Law of Nations; And why? Because by the King's Laws every one of his Subjects was warranted so to do.

I could carry this view of History further, notwithstand­ing the Dr's severe Droll, on the Envoy's Memorial of Dead or Alive, to aggravate his pretended danger; and tell him of Subjects that have executed their Prince's Justice, when he has been but in bad Circumstances to de­mand it; and the Dr. has heard of Attempts upon an Askam, a Lisle, and a Dorislaws: but ill Practises must ne­ver make good worse Proceedings, and such a Revenge as no Nature will allow, can never be justify'd by a Law of Nations; so that his fears are as idle and need­less, as his aspersing His Majesty for it are most vainly Seditious. The best that he can make of these Cir­cumstances that affect him, is to be a better Subject to his natural Prince, and then he'l need no Protection from any other Lords.

And now, to conclude with what His Majesty's Memorial might well do too, * That the States ought Vid. Vindic. of himself, p. 3. to punish both him and his Printer.

The deference that was due to their Lordships from any of the Subjects of the King of Great Britain, is as [Page 39] Temporal too, I hope, as the Dr's Allegiance that he has transferr'd to them; and we are bound to retain no longer a respect, than they are found to continue that firmness of Alliance, which, as I may well say now, has been too much violated: So it might have been wish'd, by both sides, the Dr. had never brought it to so much as a Dispute; and tho' out of an humble regard to their Government, I do not presume to prescribe Measures to their State; I do not pre­tend to tell the States what they ought to do; yet I may, I hope, with all Humility, tell them what the States have done.

1. These High and Mighty States of Holland and West-Friestland, to the Protection of which the Dr. Vid. Six Pap. pag. 50. does so zealously recommend himself, did in the Reign of Queen Elizabeth Vid. Reidan. Annal. Belg. Lib. 6. Anno 1587. decree death to such as should in Libels and Reflections dare to revile Her Majesty: And I did not doubt, but that their Lordships would have been as tender of the Honour of Our Present Prince, as their first Ancestors were for that of his Predecessor, especially if they had consider'd him, under a more August Title, and much more extended Dominion; and that their Queen of England may with Modesty be stiled a less Monarch than the King of Great Britain.

2. There is an old Edict, as I am well inform'd, and that still in force, a solemn unanimous Act of the whole States Generals, united; which condemns to perpetual Imprisonment all Persons, Aliens as well as Subjects, who shall in their Dominions, by Writing or Printing, publish any Letters or Libels, to the defa­mation of His Majesty the KING of Great Bri­tain.

3. By Virtue also of this ancient Decree, did a lear­ned and ingenious Minister of the late King, Sir W. T. [Page 40] then residing at the Hague, cause the Sieur John Rothe, and one Mr. Byer, Brother to the Book-holder of the Dutch East-India Company, with their Printer, to be seiz'd; Sir John was clapt up in the Rasphouse; the other in Anno 1676. the Stadthouss at Amsterdam; where they are said to be still Prisoners, notwithstanding they were Natives, and that is more than naturaliz'd, and related to men of more Power and Wealth than our Author can pre­tend to. This I have had attested to me, by some men of Understanding, and one of them one of the King's Subjects, that seiz'd them; so that by their own Laws, as well as the King's, they were warranted to do so, and the States bound by their own Presidents to punish both Him and his Printer.

The Original Libels, for which they prosecuted both the Author and the Printer, I have ready to produce; and it was not alone the Prince of Orange's Cause that occasioned their Prosecution, but Vid. Eenige Sware be­schuldinge tegen de Prince van Orange, &c. p. 2, & 7. p. 2. Dat de Prince, &c. consuleert over de wic­tigste saken dese Repub­liik, Met syn Ooms', den Koningh van Engelandt, en den Hertogh Van York. p 7. Dat de Staten even Van de Prince Misbryiickt en qualiick gehandelt worden als het Parlement in Engelandt van hare Koninck. His late Majesty, the Present * King, and the Government of England, being all Libell'd in the same Reflecti­ons, animated our King to demand Satisfaction also for Himself, since the same Author had represented Him and His Royal Brother as so many Conspirators with the Prince, and reflected upon His Majesty, as betray­ing and usurping upon his Parliaments, after the same manner that His Highness did Design upon their States.

These High and Mighty States did then think it their Duty to do Justice to His Majesty of Great Britain, and to His Present Majesty, though then [Page 41] without a Crown, who might, I hope, as well expect it from them now, while He wears one: They pub­lisht their Placaets then against such an Author, and his Printer, both them, and their Orders, I have by me to shew; look't upon them, and term'd them too lying, scandalous, and Seditious Pasquils, Vid. Their Placaet prin­ted too by Mr. Fagel's Scheltus, at the Hague, 1676. promis'd Three Thousand Gu'lders for the Discovery, and bring­ing the Author to Justice; and Two Thousand to any one that should detect the Printer: But Time has shown us now the reason why these High and Mighty Men could not comply with His Present Majesty in punishing Dr. B. or his Printer; vid. Miinheer Fagel's Missive printed by the same Scheltus. tho' they thought so much my self to deserve it. These Libels were a­vow'd only to facilitate this Invasion, and the King could have no Justice, only because they kept more in Reserve than the Dr's Society, or the deepest Je­suit, (i. e.) to do him the greatest Injury. Time has shewn us now, (as our Vid. Reflect. on Parl. pac. part 1. p. 5. Author was pleased to tell us, some time since) not only the unjust Resentments of these States, but the false Pretences they made, of their being Ready to do His Majesty Justice, and so verify'd a fortiori, that my just Accusation, which our Adversa­ry was so sollicitous they should Resent. And Those Vid. His Refl. part 1. that never dealt yet so fairly with Princes, have now shewn themselves more fair in a superfluous Faith, to one that put himself upon them for a Vassal.

SECT. VII.

AND now, in the next place, to come to what concerns Fugitives, the Articles of Peace agreed on between this Crown and their State. Vid. Vind. of himself, p. 4.

Fugitive Criminals, and their Protection, has been often, and was ever of old, much controverted be­tween Soveraign Princes and States; and so far did the Romans once invade the Power of Protection, that they procur'd the delivering of Hannibal, by the King of Bythinia, tho' he was only the noblest of their Ene­mies, and ow'd not the least Subjection to Rome, whose Favour he defied, as well as often had defeated their Force. This was indeed a Reproach to Prusias; as Sir Walter History of the World, l. 5. c. 6. Sect. 2. Raleigh says, upon whom Flaminius an Am­bassador from the Romans had prevailed, that it made him unworthy of the Crown he wore: Which Pro­tection, as Grotius observes, is due to the Oppressed, tho' not to Wilful Malefactors; and in the Case of a defeated De Jure Bell. & Pacis. Enemy, cannot be pretended unlawful, unless by the express Articles of a League; and if in that case it shall extend to an open Enemy, it will, a fortiori, to the Subjects of either State, that were in such an Al­liance, and with a more superlative reason to such as owe a natural Allegiance to their Native Prince, and on­ly a Temporal Obedience to that State wherein they live. This Local Subjection my Lord Coke will allow to be 3d. Inst. c. 1. [Page 43] due from Aliens; so that during their stay there, their Allegiance is as much translated to the Forreign State, as it can be done by the Act of Naturalization, or our Author can pretend to: for the Naturalizing Forreign­ers, may impower them to greater Priviledges in the place wherein they live, as does our Denization too, but can never make them less Subjects to their natural Lord, to whom, as Natives, they belong: For when Gro­tius De Jure Bell. & Pac. lib. 1. cap. 3. observes, that no Confederate has a right di­rectly to apprehend and punish the Subjects of ano­ther Confederate; and instances in Decius, who when bound by Hannibal, was upon pleading it set at Li­berty: He is there only to be understood of such Subjects as are natural born Subjects and Natives, and not made so by a formality of Law: And yet this Au­thor, that is favourable enough in the Point, is of opinion too, That if a Native should act any thing against an express Article, agreed on between a neighbouring Nation, with whom they are in League, the King or State are oblig'd either to punish or deli­ver up the Offender to the Persons injur'd: And since our Author makes his Vid. Vind. p. 3. Marriage such a Warrant from Solon's Laws, for his Naturalization, that same Law-giver I must tell him, would not admit any Strangers to be enroll'd among his Citizens, unless they were banisht out of their own Country for ever, such whom their Country did renounce, and not those that renounce their Country. And tho' this Marriage might have given him some ground for his being naturaliz'd, I hope it gave no Colour for the translating his Al­legiance; or else it would sound a little Unlucky, that his being Married in another Country, should occa­sion his being Horned in his own.

[Page 44] But then, in the Case of Rebels and Fugitives, we Vind. of him­self, p 4. shall find agen a vaster difference than in all the rest.

By the natural Law as well as the municipal ones of the Land, the King has a Right to the Service of Vid. 11 Hen. 7. c 1. Vid. Calvin's Case, K. Jam. all his Subjects; can command their return or removal from or to any place abroad; and nothing has been more frequently practised; and they refusing to do this, (which has been as often obey'd both by whole Bodies and Societies of Merchants, as once in the Ham­burgh Company, to Stode; and some others) tho' but as single Persons, has been always adjudg'd Rebellious, and is indeed so by all Law; even where no such cri­minal matter, as High Treason, and the refusal to ap­pear, does make the Offender so. Now, though our Author went out of Scotland fourteen Years ago, and Vid. id. p. 4. left England by the King's Leave, yet if upon His Command he does not return, I humbly conceive, that truly in a Legal sense he may be stiled Rebellious, and a Fugitive; though there was no Crime that stain'd him deeper with that Appellation, or gave him more occasion for his Contumacy and Flight; for the flying from Justice after the expiration of the term of Ap­pearance, is that which makes him a Fugitive, tho' he departed the Realm with all the solemn Leave and Permission imaginable: So that the second Memorial of the Marquess was founded upon as much Reason, and upon which this Author would as vainly fix as much Absurdity; where I too cannot but take notice Vid. ib. Vid. 1 Lett. to my Lord M. Vid. 2d. Lett. how he labours to make that an Inconsistency in the Memorials, which he endeavours to reconcile in all his Writings, viz. That of being the Subject of the States, and yet to be punisht as the King's Subject, for to them he is willing to be thought but a Temporal [Page 45] Subject, and yet at the same time to retain for His Ma­jesty, as his Natural Lord, all Duty imaginable: And I must confess, had not his unhappy Expression of tran­slated Allegiance been Treason by the Law of Scotland, and which, the English ones too say, cannot be by such an Coke 7 Rep. fol. 90. Dyer fol. 300. Also Dr. Story's Case. ut Supra. 13 Eliz. Abjuration transferr'd; he had not pronounced himself a Rebel and a Fugitive, under his own hand; and by his Letters to the Secretary, before those of Horning were issued out of Scotland: the most favou­rable Construction that could have been put upon it, was, (did not his Malice against His Majesty and His Government, betray'd by his Reflections since, prevent an excusing it) That his professing so much Divinity and the defence of the Gospel, had hindered, or excused him, from the discovering how deeply his unalterable Allegiance was founded by the Law.

The Celebrated Case of his Countryman Mr. Robert Calvin, (and the Doctor, I know, upon another ac­count, reverences the Name) which my Lord Coke has so largely reported, has carried Allegiance to that pitch, Coke 7. Rept. that I think it is not so easily translated; he calls it Alle­giance and Obedience inseparable from every Subject; as soon as born he makes it to Commence, before the first Fol. 4. B. f. 5. A. Oath of Obligation is taken in the Court Leet; for this Opinion he cites too the Scotch Exposition of Mr. Vid. his Ex­position ad Regiam Ma­jestatem. Skeen, who (I find) says this sort of Liegiance is due to the King alone, with exception to all others; so that as my Lord Coke observes in this point, the Laws of both Coun­tries agree; and this Naturalization being but what Lawyers call an acquir'd Allegiance, cannot (as I obser­ved before) Eradicate, or defeat by such a formal Contract, that natural Obedience, that is so deeply rooted.

[Page 46] It is positively asserted in that Case, That the King has Fol. 8. A. B. Potestatem habet in par­tibus transma­rinis, fidem & fideles in par­tibus transma­rinis. a Command over his Subjects, as well out of the Realm as within, that they owe him Faith and Fidelity in For­reign Countries, and from thence he concludes, (as I hinted before) that Abjuration, (which is an Act of Law, and by which you are forc'd many times to for­sake your Kingdom for a Penalty) cannot excuse you from your Natural Obedience, though under an exile; for (says he) the King may in mercy restore him; much less then, I may conclude, against our Author, shall a Voluntary Abjuration, translate his Allegiance, and which was over-rul'd against Dr. Story, that he could not do it at his pleasure; though De Jure Bell. Lib. 2. cap. 5. Pag. 4. Grotius is indeed of another Opinion in the point of Banishment, which does not come up to our Authors Case, he being desir'd to re­turn; and the Heraclidae had a better pretence when they were banisht Argos, to plead their being no longer Subjects to Eurystheus; yet even Grotius grants there, that by the Roman Law, where a Citizen forsook his Native Habitation, he was oblig'd still to such Offices as should be impos'd on him, and to pay Contribution; which implys, that even in Governments Democratical, birth lies such an Obligation by Nature to the place where one is born, from which we cannot so soon re­cede by our own Artificial Acts and Pretences: And as he has granted too, that no number of Persons, or par­ticular one, can desert his Country, if the Publick be in­jur'd by it; so I may conclude, that no number of Mu­tinous Men, or single Seditious Subjects, can by any Expedient whatsoever, extricate themselves from their Obedience, and be protected in it; where the Justice of the Nation is both affronted and evaded, and consequent­ly the Publick Peace in danger to be disturb'd.

[Page 47] But as our Author could not but take notice of the Pag. 4. great difference there was between the Memorials, so I cannot but observe the same in his defence, and Vindi­cation; in one place he intimates his claiming and desiring the Protection of the States; and in another, values him­self and his Innocency, upon his never having desir'd it; I apply'd my self (says he) immediately to the States Vid. Pag. 3. of Holland, to be Naturaliz'd; and in the next Page appeals to the States of Holland, if ever he made any Applications to them.

But we must consider further, what States and Prin­ces have done to Persons under his Circumstances; whereas, all the Answer that was given to the Envoy, about his be comming their Subject, did (in short) amount to this; They first Naturaliz'd him, that they might pro­tect him, and then say he was under their Protection, because he was Naturaliz'd; but to do all Justice, even to those that do not design, to any people, or to us to be so much Just; the offering to put our Author to his Tryal there, would be somewhat of satisfaction to the Laws of Na­tions, as well as our own; had it been but as sincerely put in Execution, and that which has already been ob­jected, had been sufficient matter to have founded any Process, had it ever been in reality design'd; and as we have shewn what they themselves in the same Cir­cumstances have done, and by some of their Edicts and Decrees are oblig'd to do; so we shall with the like de­ference to their Authority, represent a little larger Draught to their View, of what other Nations have granted in such Cases; and in which all Statesmen, and even some of their own do agree.

It is an indisputable point, and from the Laws of both Kingdoms plainly appears, that by the Letters of Horning, in the Case of High Treason, the Criminal is [Page 48] declar'd, a Rebel, and a Fugitive, for the worst of Crimes that can make him so; and by our Writ of Out­lary he is lookt upon as such in the like case; and can (if seiz'd before the Year be expir'd) if the Court think fit, be deny'd to reverse it; and though but very lately, it was offer'd from the merciful Inclination of the King and the favour of the Court, to one Holloway's Case of Bri­stow. that was fled to one of our Plantations for High Treason, yet it was as soon afterward deny'd to another, Sir T. A. we have mention'd before, who suffer'd as Justly without it; this being consider'd, the Act of flying makes them not only Fugi­tives, but Traytors, as much as if they had been Try'd and Convicted by a Judicial Process, from the Con­struction of our Law; and therefore I suppose it is the common Quaere in the Cases of Felony, whither the Criminals fled for the same, it being always to be inter­preted, the greatest Argument of their Guilt? Now no Judge, either of Law, or Reason, but will allow, that a person (though occasionally withdrawn) that refuses to appear when a Citation is issued forth, but is as much a Fugitive, as if he had but immediately fled upon his being Cited; and this being our Authors Case even when it's best excus'd; we will consider, how by the Laws of Nations he is to be treated.

It was a Saying of Tertullian, that against Publick Enemies every Man is a Souldier; and I suppose, that may imply that every Subject, when a Criminal is de­clar'd so, is warranted to seize him in what manner soe­ver: by the Law of Nature, says Grotius, every innocent De Jure Bell. Lib. 2. c. 21. person has a right to punish a Malefactor; and it is only the result of our being settl'd into Civil Societys, that leaves to the respective Bodies, both the Right and Li­berty to punish Offenders against themselves; though this does not hinder Forreign States from punishing [Page 49] them, which they must do, or deliver them up, if desi­red, to the Injur'd one; and since neither of them has been done here, though both demanded; it cannot be well justified by the partial Arguments of the Doctor, and as little to be defended by the Pen of a fairer, or a better Advocate: This sort of Dedition, Sacred Hi­story affords us sufficient Examples of, as well as the Prophane, I had given our Author some that I think re­lated to himself; but since he supposes he is not con­cern'd to Answer them, I shall send him so many more.

We shall not insist upon Sampson's Case, and that of the Benjamites, (since our Author pretends to engross all the Divinity, and will not grant us so much as to understand the Doctrine of the Arrians) and 'tis more than hee'l forgive us now, the touching upon Tertul­lian, or a Text of Scripture; neither shall I lay any great weight upon what was done by the Lacedemonians when they were deny'd by the Messenians some that had fled to them only for Felony and Rape; neither need I shew, how even great Commanders, or Princes, have been so unfortunate as to be demanded; as Cato desir'd the Senate to deliver up Coesar himself, to the Germans, and our Usurper as impudently expected it from France, and these States, in the case of our Exil'd Soveraign, neither shall I repeat those Presidents I have formerly apply'd, that which is more proper in this place, shall be what re­lates to the stirring up Sedition, or disturbing the Peace of a Forreign State, which no Government can tolerate in their own Subjects, or Fugitives. Thus did the Ro­mans demand from the Carthaginians, that Amilcar Livii Lib. 2.8. should be delivered up to them, because he had sollici­ted the Gauls to rebel against them. And thus did the Athenians make publick Proclamation, that whoever should plot any mischief against Philip, and fly for pro­tection [Page 50] to Athens, should instantly be delivered up to him. Phil. Com. Lib. 1. c. 1. The Duke of Burgundy being requir'd by Lewis XI. of France, to deliver up De la Marche, for writing somewhat against his Government, was answer'd by the Duke, that though he was not in the least the King's Subject, yet if it could be made out, he had said, or done any thing against his Majesty's Honour, he would see him punisht as he deserv'd.

And though Grotius observes in their favour, that they are not absolutely to be deliver'd, yet grants they must (if that be refus'd) be necessarily Punisht; and this was the Complaint of the Aelians against those of Lacedoe­mon, that they would do neither; and where the same Author observes, that our Europoean Princes have in the last Age Conniv'd at the protection of some Malefactors, yet he grants it is only in lesser Crimes, never to be al­low'd to those that are disturbers of the Publick Peace of their own Country, or directly excepted against in the Articles of any League. Gylippus the Lacedemonian dis­coursing upon this point of protection, says it was ever intended only for such as were unfortunately miserable, and not for those that are maliciously wicked; and Misereri o­portet qui propter fortu­nam non ma litiam in Mi­seriis sunt. Vid. Cicero, translat. Demos­thenes says the same, and I shall submit it to the Judg­ment of the World, as well as to the States, whither our Authors Malice against the King and Government, has not brought him to his misfortune.

All the old Cities of refuge, which we read of in the Sacred Writ, were only granted to such unfortunate Of­fenders as we mention'd before, and all the Presidents that can be brought where their delivery has been re­fus'd, as the Chalcidenses did Naaplius to the Groecians; King Pepin those that fled to him out of Normandy; the Emperour Lodovicus Pius those that ran to him from Rome; and the Gepidoe, Ildigisales to the Romans, was [Page 51] either, where the accused had clear'd themselves upon a Tryal, or where they fled from a Tyrannous Persecution; and that I suppose is the reason why our Author would represent himself so Vid. Six Pap. Persecuted, and make the Case of the Vid. Vind. of himself, p. 5. Fugitives of France to be his own.

I cannot but remark here upon the Modest Request, that by the Vid. 1 Me­morial. first Memorial was made against the Dr. and which he treats too, with as great rudeness, and deri­sion, which desir'd civilly, if they would not deliver him up, only that he might be banisht out of their Do­minions; this, I humbly conceive, was a Condescenti­on, where it might have demanded his Tryal, and pu­nishment for High Treason; this was such a reasonable Request, that all History, and Law, give a greater al­lowance, as in the former Presidents has been shewn; and in this, as by some, we shall now shew, was never in the least controverted; so did the * Cymaei, who when they would not deliver up Pactyes the Persian, yet notwithstanding, they would not offer to keep him, but sent or suffer'd him to fly away to Mytelene; and Perseus King of Macedon in his Apology to Martius, wri­ting about those that had betray'd Eumenes, says, As soon as upon your Information, I found these Men in Ma­cedonia, I commanded them immediately to depart my Kingdom, and for ever interdicted them all my Domi­nions.

The denial of this, I am sure, is more to be admir'd, than defended, and the Dutch might think themselves as injuriously dealt with all, if ever they should happen to be so deny'd, if Private Subjects shall have such a right of Prosecution? if in Civil Actions Creditors can de­mand it for a Debt? how can it be justify'd, when in an offence against the Crown, and the highest too, it is de­ny'd to one of the greatest Princes in Europe.

[Page 52] Our Author utterly mistakes it when he would make Vid. Pag. 4. 1 Consid. us believe, That by the sense of the seventh Article, all Condemnations being to be under Publick, and Authentick Letters, must be meant of the Record of the Sentence be­ing to be transmitted them: A body would have thought a Copy of it might have serv'd the turn, for Records are not so soon parted with out of Westminster-Hall; I do not know what may be done out of the Archieves of Scotland, or their Registers there of their Journal Books, but if I mistake not by a Law of his Country, Letters of Horning, and their Executions, are not to be prov'd by Witnesses, and that forbidden by Ja. 6 p. 6. Act of Parlia­ment; so that it is impossible to make such proof as can attest a Copy; and for the Journal it self, I suppose they would hardly send; but by that Article may be as well understood, that an Envoys Memorial representing, that by the Laws of his Country such a person stands Con­demn'd, that this is of it self a Publick and Authentick Instrument, when it comes from the hand of such a Pub­lick Minister of State, and therefore in the forementi­on'd Case of the Prince of Macedon, as soon as he re­ceiv'd but information that such Men were retir'd into his Territories, he immediatly interdicted them, and immediately upon the demand of Bothwell, Queen Eli­zabeth said, she would either deliver him up or send him out of England.

But such Arguments as the Schools call ad hominem, with some People are most prevalent; therefore as I do not in other things pretend to prescribe measures to the Dutch, of what they are to do, so I must offer one Instance more of what in this case too they have done, and that without proof or examination.

[Page 53] 'Tis known then, that they of Holland not long since deliver'd up the Cook that had been in the Conspiracy with the Countess of Soissons of France for poisoning; and he that endeavours with his Venome and Malice to Alienate the Subjects Hearts from the King and his Go­vernment by the misrepresentation of him, and his Pro­ceedings, which by the Law of the Land is call'd Trea­son, must by that of all Nations be concluded to have forfeited that right of Protection, which as hath been shewn, in such offenders, it does more particularly refuse to favour.

In the Article of the Crown of Denmark, for the se­curing 5 Article Feb. 4. 1660. and returning us any Regicides, that should be found in their Dominions, or should hereafter repair there, it was agreed, that upon the first notice to that Crown, assoon as the King was told of their being there, they should be apprehended, put into safe hands of their own Officers, or of such as the King of England should appoint to take them into Custody, and this was observ'd, without any expectance of any Record of their Sentence and Attaindure.

As to his second Consideration as it relates to the common Acceptation of the Word Fugitive and Rebel, when the concern is national, they may either be con­strued according to the Municipal Laws of the Country, or the Laws of all Nations, and by both of those, his Construction of the Terms, as well as of the Merit of his Cause, will be certainly Condemn'd; for a Fugitive, (as we have intimated before) by the Laws of both King­doms, is so reputed from the time of his absenting him­self after Citation; though he were innocently absent long before; and by the Civil Law, according to which, all Leagues and Treaties are to be interpreted, and take their Acceptation; he that is accus'd of the Cri­men [Page 54] Laesae Majestatis, is criminated for a Rebel, and therefore it is promiscuously call'd too, the Idem per­duellio dicitur Zouchaei. Elem. p. 4. Sect. 9. etsi is proprie per­duellionis reus est qui hostili animo adver­sus Remp. vel Principem est Armatus. Vid. Ibid. & D. 48.4.11. Crimen Perduellionis, though properly in strictness, he is only guilty of the latter, that comes, Arm'd in an Hostile man­ner to Invade the King, or the Common-wealth. I wish our Author could help himself better in his Explanati­ons, which for any thing that he has offer'd yet, he must be concluded in the Articles of Treaty, which have been so often ratify'd and confirm'd, and which deny any Protection to declar'd Rebels, and Fugitives: And this was the Opinion of the Dutch Vid. Their own Nether­land Historian. themselves, in the Case of the P. of Furstemberg, whom they look'd upon as a Rebel, for not obeying the Imperial Mandatum Avocato­rium, as well as for bearing of Arms against the Em­perour; and by the same reason the Regicides might as well have been refus'd us, because many of the Kings Judges never bore Arms, but even that it seems our Au­thor does not decline, to make himself in his own sense, and the Literal one, a Compleat Rebel. 1. Letter.

The Third Consideration is, his being Naturaliz'd by the States, before he was Prosecuted by the King.

Did that Naturalization (as our Author in his Letter does falsly imagine) eradicate all that Relation he has to his natural Prince, and Leige Lord, did it really tran­slate that Allegiance which he pretends it does? much might be argu'd from it in his defence, but since so ma­ny Presidents have been brought, that have prov'd it quite otherwise adjudg'd, and seconded with as much reason as my little stock could afford, and that strength­en'd with the resolution of all the Laws, it must be con­cluded, that his being the States Temporal Subject, does not make him less the King's natural one, and if Local Protection, as he observes, is so inseparable from Soveraign Power, I am sure by what has been said, Na­tural Allegiance will appear to be more so, so that his de­fence [Page 55] here, is only the very Crime that is in question; which like the glorious ills of the Roman Hero, must on­ly be maintain'd by doing greater.

But because I would give all the satisfaction imagi­nable, we will carry this point of a Natural Allegiance being Inseparable, some few steps further, and see first, what the Laws of all Nations say of it, and then what we find said in those of our own; and for the Impe­rial Law, in this point, it is positive, that every one becomes a Subditus quis (que) fit, primúm ratione natio­nis. Zouc. part 4. Sect. 2. Subject truly, and originally, with respect to that Nation under which he was born: And by this word Nation, (which those Authors use to express it by) I do understand, that Government is more properly to be intended; for I know, that People may be born the Subjects of the King of Great Britain, and yet without Vid. Act of Parl. de Natis ultra Mare. Vid. Crooks Rep. Banks's Case. his Dominions, tho' not his Government; and is the Common Case of those that are born in English Fa­ctories beyond Sea, which by a Fiction in Law, trans­fers the place of birth to be within the Diocess of London, and the County of Middlesex: And this, if I mistake not, is the Resolution of Banks's Case in Crooks Rept. so careful is our Law, lest any natural Allegiance should be transferr'd to a foreign State, that to avoid it, it transfers the place of your Nativity in another Country, to the Territories of your own Prince; and therefore we are told by Civilians, Partus non tantum Par­entis, verum etiam reipub. nascitur, cujus­modi ad Rem­pub. relatio Exui non po­test, D. 37, 8, [...], 12. That every man is not only his Parents Off-spring, but that of his King­dom or Common-wealth, and this relation to his Coun­try he cannot renounce or translate. This is positive against our Author's Assertion, that has occasion'd his Prosecution in Scotland, where he says, it is already, and actually translated; when by the Laws of that Country, the very bare limitation of his Allegiance had been Crime enough to have cost him his Life. And so plain and full are the Laws of Nations in this Case (and [Page 56] which a Country that is partly governed by them cannot contradict) that they say no one can Origine pro­pria nemo po­test voluntate suase eximere, nec si aliam assumat, quod assumptio ori­ginis, quae non est, veritatem naturae non Perimit, c. 10. 33, 4. D. 5. 1, 6. Divest himself at his So also say our own Laws. Vid. Dr. Storys Case ut Supra. Dyer 300. Will and Pleasure, of this original rela­tion he has to his Prince and place of Nativity; no, tho' he assumes unto himself another: For the assu­ming a pretended Origination, (and naturalizing is no more) does not extinguish that natural one which in reality he must ever retain; neither by Ne (que) menti­endo, ne (que) recu­sando Patriam, veritatem mu­tare potest, Zouch. ibid. falsly re­nouncing of his Country from which he had his birth and original, can he change the Truth and Na­ture of the thing. And this was so loyally, learnedly, and judicially resolv'd in the very same words, in the recited Case of Dr. Story, by all the Judges in Queen Elizabeth's Reign, (who is celebrated even by our Au­thor, and others, for employing none but men of the greatest Understanding in the State) that it must su­persede all Objection; and if the Civil Law will not by our own Municipal Resolution of the Judges of the Land, Dr. Bur, must be silenced and convicted, even from a Process in the 13 Eliz. Reformation, and an Historical Consutation out of Mr. Fox.

These Imperial Laws do so expresly oppose our Author's Expositions, that they call him a Transfuga est, qui ab Re­pub. Defecit, & Deficere di­cuntur qui ab his quorum suo imperio sunt desciscunt, D. 4. 5, 5. Fugitive, that falls off from his Country and Common-wealth; and this Defection they define to consist in renouncing their Obedience to that Government, under which they were born; and this Native, in the Phraseology of their Law, they call an Originarius & Incola in eo differunt, qued ille perpetuus hic pro tempore subditus exsi­stit. Zouchaeus Elem. Jurisp. p. 4. Sect. 2. Original, (a term which our An­tagonist is no Stranger to, having naturaliz'd it into his Works;) but the sense of it here signifies a natural born Subject, whom, Civilians say, differs from an Inha­bitant, and adventitious one in this, that the one owes a perpetual subjection, and the other but a Local and Temporal one; and this perpetual Obedience, that is so inseparably requir'd, from what has been said, does appear unalien­able; [Page 57] and what course our Author has taken to translate it, cannot apprehend, if it be so transfer'd, (as for the concern and sake of his Cause more than from any Conviction from his Reason, he would perswade him­self to believe) then, whenever there should happen to be any breach between those Crowns, or States, that were at present in good Amity and Correspondence; Such Deserters are by their own Conclusions qualify'd to fight their own Prince, and Invade their own Coun­try, and perhaps, for that end, our Author maintains the Paradox of this rebellious Position; for Allegiance being once renounced by him, as well as Passive Obedi­ence, there remains nothing but to exercise an Active Valour, and the verifying his being a Rebel, even in his own sense, a Man that has born Arms against his Prince. Vid. Vind. p. 4. For where Obedience and Birth is translated, there re­mains no Obligation, and ty, to Duty, or Relation: but I am afraid, should such Expositors upon their Allegi­ance, by the fortune of the day be made Prisoners of War, they were not to be treated as Common Ene­mies, but as so many Rebels, and Fugitives: It will be too late for them then to have recourse to the Postlimi­nium of the Romans, when they have made themselves Renegadoes; when they have renounc'd their Allegiance, by so solem an Act as their own hand writing, they can­not return themselves again to their former Rights and Priviledges, they may be receiv'd indeed, (as Civilians say) but then it must only be to punishment; and up­on these Principles, I suppose the Laws of Scotland pro­ceed, when it makes such a Renuntiation, Capital.

Captive Enemies; that are taken in the Act of Hosti­lity, have generally by the Laws of Arms Quarter al­low'd, and Liberty to depart; which is more, or less ob­serv'd; according to the dealing they meet withal from [Page 58] one another; but should one be found, that by a volun­tary abjuration has renounc'd his King & Country, amongst their Enemies, either in Arms, or without, in Camp, or in City; he is to be put to Death as a Deserter, and Fugi­tive; and this is confirm'd, by constant practise, as well as warranted by all Law; and where the person owns his Allegiance, actually translated, he makes himself the same Criminal, as if he were in League with his Princes Enemies; though that is a Circumstance that will much aggravate the Crime; and the being under the Prote­ction of his Friends and Allies, Vid. Grotius Lib. 2. c. 21. only hinders the Prince from entring their Territories, with an Army to de­mand him; but that cannot debar him from his right of demanding his punishment, or Dedition.

So much for what Civilians say in this matter, and it may not be improper to superadd, what common Lawyers, upon the Case have resolv'd; my Lord Vid. Calvin's Case. Coke, to this purpose observes, that natural Allegiance being an Act and Habit of the mind, it cannot be con­fin'd within any place; and from thence would infer, that his Countryman Calvin in his Controverted Case, could not be said, when he was in England, he ow'd the King of Scots, no natural Obedience; and that natural Leigance should have any respect to a Local one, was an insufficient Plea, and upon the whole, it was con­cluded, that a natural Vid. His Vind. pag. 4. Nullis clau­stris Coerce­tur, nullis me­tisrefraenatur. Allegiance could not be Vid. id. Calv. Case. Jura naturalia sunt, immutabilia. constrein'd with any force, or confin'd within any limits; it is con­cluded there, that this Allegiance is due to the King by the Law of Nature; that this Law of Nature, was long before any Municipal one of the Land, and that it is part of our own Law, and must be for ever immutable; and what is due by the Law of Nature, a Moral Vid. Aristot. 5. Ethicor. Heathen will not say can be translated and transfer'd; and there­fore this Allegiance could not be deny'd to be due even [Page 59] to Tarquin, though there were then no Civil Instituti­ons among the Romans that confin'd it; being before Papirius had reduc'd any into Writing; and if with the permission of this most Polemical Divine, I may be al­low'd to attempt upon his Province, those inculcated Texts, of being subject to the higher Powers, and that, not only for fear, but for Conscience sake, seem to me, to have a more immediate respect to those that are their Natural Princes; and to the Law of Nature, which did most conscientiously oblige them, more than any fear of Municipal ones, and Civil Institutions.

I agree with our Author, that the point of Natura­lization Vid. Vind. p. 5. is an Universal Practise; and the right of grant­ing it is inseparable from Soveraign Power; so Novel 78.5. Anto­ninus Pius gave the Jus Civitatis to much Forreign-Peo­ple that repair'd to Rome: And though our King can­not naturalize without an Act of Parliament, (which I cannot see but might have been admitted, as a point of Soveraignty, it being of old allowed to his Original Ancestors, the Roman Princes, and the denying it fixing somewhat of Soveraignty in the three States;) yet by our Law now, he grants Letters of Denization, which is as Coke's Re­port. fol. 25. inseperably assix'd to his Royal Person; yet still this being Denizen'd, or Naturaliz'd, shall never alienate that Allegiance you owe your Natural Prince; much less, protect a man from the Justice and resentment of his Lawful Soveraign, for if it cannot be defended in those that are born Subjects of a Forreign State, it cannot be imagin'd justifiable in those that are Naturaliz'd; for though that puts you in a conditionas if you had been a Subject born; yet it is with relation only to perso­nal defects, to qualifie you for the Priviledges of a Na­tive, and not to exempt you from the Obligations you owe to the Laws of God and Nature.

[Page 60] By what has been said, and somewhat more that I shall now say, I hope he'll retract this opinion; That Vid. Vind. p. 5. the Obligations of Honour, that all Soveraigns come under, to protect whom they have naturaliz'd, against all things but their own Justice, is no dark point of Law, and that it is what every Prince Practises.

That Obligation of Honor, (were there no Leagues to oblige them,) would on the contrary, command them not to justifie those Crimes in Naturaliz'd Subjects, which they cannot defend in their Natives; he is so far from clearing this dark point of the Law, that he has made it only more obscure; and indeed, put the Law quite out, like the Expositor that Writ so much of Fiat Lux upon his Window, till he had darken'd the whole Room: And for the practice of Princes it is plainly against him; some Presidents there are where Protection has been much insisted on, as when the Venetians defended Pope Alexander against the Emperor Frederick; but I hope our Author will not make his Case that of a Soveraign Prince, when the Chalcidenses refus'd to deliver up Nauplius to the Greeks, (as we have observ'd before) it was after they had found him Innocent by a formal Try­al; and that obstinacy of the Gepidae, (even by which they perisht) was not for protecting a Criminal in the Case of High Treason; and for a more Modern Instance; when Queen Elizabeth demanded Morgan, and others 34 Eliz. Camb­den, fol. 25. out of France, and was refus'd, it is apparent, it was upon a particular revenge the French King propos'd to himself by way of Retaliation; for he would not so much as offer her to put them to a Tryal there; which all Au­thors do indisputably agree in, ought to be done, and which the Vid. Answer to 2d. Memo­rial. Dutch themselves in his own Case grant to be reasonable, though they do not put it in Execution; [Page 61] for he told her plainly, Si in Anglia quid machina­ti sunt, Regem non posse de eisdem cogno­scere. Cambd. ibid. that he could not (that is more truly) Would not take any Cognisance in France for any thing they had done in England, tho' what the Queen pursu'd them for was High-Treason too: But when we come to Consult the History, we as soon come to see the Reason too; and that was return'd in the very an­swer of the King's, viz. that the Queen had not long be­fore In suum regnum Mon­gomerium Prin­cipem Condaeum, &c. ad misisse Comd. 1585. receiv'd Montgomery, the Prince of Conde, and other French Fugitives, into her Protection; and truly, if we consider her as encouraging all the troubles of that Kingdom, and his Subjects that she assisted when in Arms against their King, in a cruel War, and that a­gainst her own Articles of Peace, it cannot be expected she should meet with much Complement from such a King, or the Common Justice that the Laws of Na­tions would allow; neither would it be a rational Con­clusion from Particular Instances, and those ill apply'd, to subvert a Universal Rule of Reason, Equity, and Right.

This Obligation of Honour that all Soveraigns lye Vid. Vind. p. 5. under, to protect, whom they Naturalize, against every thing, is, I think, another of his unlucky Reflections, and that upon the Honour of all Princes. I cannot tell You what sense some sort of People may have of this Honour, that don't use to stand much upon ha­ving any; but Crown'd Heads, that are generally the Fountains of all that is Honourable, treat one another with more respect. The sense that the Ancients had of this Obliging Honour, was briefly this: Dion Chry­sostom says, that among the many Mischiefs that attend Governments, and cause all this Discord and Distur­bance, he counts this for one; The protecting Criminals and Offenders, that fly from one City to another; [Page 62] That the next Degree to Treason, is to harbour and Protect Traytors; and next to the Renegadoes are those that receive them. This is observ'd by Grotius, Lib. 2▪ C. 21. Quintil. De­clam. 255. Gro­tius out of Quintilian, and our Authors offering to put this Principle upon the States, is by the Consent of their own Grotius, the greatest Libel upon their Lord­ships; they might have been more honourable and wise, than to permit a particular Person's Crimes to Be paum'd upon them, for an Interest of State, and a single man's Offence, (that can hardly be said to be a Subject) to make their Government suffer by a national Imputation: And thus Aeschines, in his Answer to Demosthenes declares, in his Treaty with K. Philip, for the Peace of Greece, That the Malefactors themselves, and not their Cities, should suffer for their faults; which nothing but the punishing or delivery of the Criminals can excuse; and for this reason the Cerites presently left it to the choice of the Romans, which they would have? And as I ob­serv'd above, I thought the States, would have been more truly honourable, than to entertain such Maxims of Government for a point of Honour, and that the Wise Administrations they have many times shewn, would not have permitted them to receive it, as a point of Wisdom or Policy, and that from an Instance, that these their most Learned Statesman that ever their Country afforded, (or indeed any other) has applied to the Case, Ibid. and that is Basilius's sending to Cosroe's, for one that was his own Subject; but being declared a Rebel and a Fugitive, tells him, he hoped he would be so prudent, as not, Somewhat to this pur­pose said the Romans, when they sent for Jugur­ [...]ba. by Protecting him, to countenance such a Presi­dent against himself. And indeed, this has been in this last Age, the real occasion of debauching it into our Author's degenerate Principle of Honour, when by the first Breach upon its Purity, other Princes were disen­gaged [Page 63] from those Obligations that they had to it, and forc'd by a most preposterous piece of Gallantry, to recede from the very Rules of Real Honour, for fear of putting up of Injuries, and failing of the satisfaction of a glorious and honourable Revenge: And in this sense indeed I can submit to the Saying of our Author, That it is practised by all Princes as often as there is such Vid. Ibid. occasion for it.

And therefore I can further agree with him, that Vid. Vind. p. 5. the States are no further bound by it to the King, then the King is bound by it to the States, unless we could fancy a Deeper Obligation in a Monarch to ad­here to the Rules of right Honour from his Royal Blood, than can be expected from their mixt Consti­tution, in a Democracy; and this Mutual Obligation, as appears from the repeated Arguments of History, Reason, and Law, is as Reciprocally obliging, where there are no Leagues or Articles to make it more bind­ing; but where there are, it only supersedes all doubt, and makes it almost a Forgery to dispute it: And should a Dutch-man naturaliz'd (as he puts it in his in­verted Case) be demanded for so high an offence as High Treason, His Majesty might doubtless deliver him up, or Punish him, if convicted, upon a legal Trial of his Peers, and that by the Laws of all Nations, were it not specify'd in any particular League; for as it is prov'd before from all the Topicks of Argument, that Law or Logick, History or Fact can afford, that this Naturalization being but at best an Acquir'd Allegiance, cannot eradicate that natural one that is immutable: it priviledges them only in things that respect their private persons, and not against the Publick Relation they retain to their Country; it cannot legitimate him, if he be there born in it, a Bastard, and can no [Page 64] more make him a good Subject, if he be fled from it for a Rebel.

The Custom and Right of our being tryed here, per Pares, is with submission, nothing to the purpose; for Vid. Ibid. p. 5. in Leagues and Alliances, we being to be guided and governed by the Civil Law, if such a Criminal be deli­vered up, it supersedes his Tryal; and if he be try'd ac­cording to our Common, it prevents his Delivery; and if it be for such Crimes as are punishable by the Laws of Nature and Nations, (as Treason and renouncing natu­ral Allegiance were ever reputed;) it may be try'd by the Imperial Law, as well as the Municipal ones of any Land. These are Transactions of States, and Measures of Government, that must no more be confin'd to our Acts of Parliament, than is the soveraign Power of ma­king War and Peace, (and upon which both of those commonly depend;) but our unfortunate Author con­tinues only in this, his unlucky touches, so usual against his own Interest; for if he's an Englishman (which in this Case, out of Favour we'll grant him leave to fancy himself) he ought to be try'd by his Peers, and the Cu­stom of their Country, not admitting such a sort of Process; the Evidence being transmitted hence by way of Memorial or Proof, it would only give our Govern­ment a juster Reason to demand him, and theirs from the peculiar Proceedings of our Municipal Law, to think, they cannot do him full and speedy Justice in the Court of Holland. Vid. p. 4.

And in Matters of such mighty moment, as the Concord and Amity of Crowns, Leagues, and Allian­ces, of Princes, and States, private Persons may lye un­der an Obligation of Honour and Honesty, and perhaps Piety too, that may not be very pleasing to such an Offender; that is, to make a voluntary Dedition of [Page 65] themselves, to prevent any dangerous Contests, and publick Calamities that might ensue, or at least to retire out of those Territories, where an obstinate Continuance may create an unhappy Disturbance: This might be counted a more becoming Prudence, in­stead of an Vid. Vind. p. 5. unbecoming fear. This, some Casuists have thought the Duty even of the most innocent Persons, and is only more obliging upon those that lye under the Suspicion of the greatest Guilt. This, though he be not bound to it by Right, yet he may be oblig'd in Charity; and those which are no Acts of Justice, yet may be done out of Piety and Love, which as they cannot be performed without Praises, so they cannot well be Omitted without blame: And 'tis our Author's pecu­liar Affectation, that with Pag. 6. relation to the Publick, he is free from the very fault of Omission: but he is too apt to value himself upon his Excellencies, and even such as can't be well call'd his own, though the grea­test Advantage he has, and that is, the being protected against the Resentments of the King of Great Britain, was of such an inconsiderable value, as hardly to be Pag. 5. worth the asking. Our Author might have forsook the Country, as tender as he is of the Rights of it; which would have remain'd perhaps more unviolated than some Princes may think, those of all Nations are in his protection; I know, the perswading such an He­ro to a voluntary retirement, is much such another Task that an Ingenuous person undertook to perswade our Usurper to Hang himself; but as that killing might have been indeed no Murder, and been better justify'd than any of the Cases and Arguments of Dr. Don to perswade us to that unpleasant diversion of a Felo de se, Vid. His [...]. in his Learned Treatise of Suicidium, viz. from the great Obligation that Tyrant would have laid upon his [Page 66] Country; so I humbly conceive, both the Countrys, to which our Amphibious Subject does owe an Obedi­ence, had been better oblig'd, had he, what he so scorns, withdrawn of his own accord, it had superseded a Natio­nal Pag. 5. Contest, about a private person; who as high as he is, that we are so below his Answer, is really, notwith­standing Pag. 6. his value and vanity, is more turbulent to both States, than in either of them considerable.

This Expedient was neither ridiculous, as perhaps, it would have appear'd to our Author, nor Impractica­ble, as from some Instances shall appear; so Pactyes, the Persian, as is recorded in Herodotus, when he was not de­liver'd up by the Cymaei, of his own accord, for an Expe­dient for the Peace of both States, fled to Mytelene; and Phocion to his Friend Nicocles, went a little further, who thought, that least things should come to an extremity, if Alexander demanded him, he ought to deliver him­self up. It was the saying of a Noble Roman, that if his Enemy had surrounded him at Sea, and threatned a sinking of the Ship, if he were not deliver'd up, to pre­serve his Friends from danger, he ought to Sacrifice himself to the resentments of his Enemy, or the mercy of the Sea; and (without the help of Horace) the Metaphor of the Vessel, may be fitted to Kingdoms and Common-wealths, when History has here told us, how much of misfortune has befallen Principalities, from these unhappy differences about Mean and Private men, but though our Author does so swagger it out with his Excellencies, and Sublimes, his stoutness, and main­taining of his Post; such Application to the present Case, Vid. p. 5. would I hop'd once have been for ever superseded from the prudent Administrations of two such flourishing Go­vernments, and the Publick Peace never have been inter­terrupted, upon the account of a Man, that is too [Page 67] mean for an Article of War, and who, if His Majesty's Honour had not been so highly invaded from the Per­mission his Libellous Defamations have met with, is as much below a Prince's Resentment, as he is beneath the Protection of a State.

The Case of the French Fugitives, who are receiv'd Vid. Id. p. 5. here, and which by the greatest abuse in the Applica­tion, he would make to be his own, is, as I just touch'd upon before, quite foreign to his purpose: They indeed deserve pity and protection, when such Offenders merit as much Punishment; Their Crimes are truly like those of the Primitive Christians, only the Religion they Profess; and They are but ill us'd, when Criminals that are prosecuted for High Treason against their Prince, draw such unlucky Parallels, and make a Ju­dicial Vid. p. 5. Prosecution of the highest Offender, to be the same with a terrible Persecution they suffer for no Of­fence. Mr. Varillas, after all his rude Reflections, ought to return him Thanks for making Heresie to be Trea­son and Rebellion too; those Crimes, as has been suf­ficiently shewn, were never Tolerated, never protect­ed, nor ever can be in any Kingdom or State, neither in naturaliz'd Subjects or Natives, against foreign Prin­ces no more than against themselves at home; whereas * Athens, and all Cities, have been ever reputed San­ctuaries for the It was for such they set up there their Ara Misericor­diae, says Pom­ponius. Persecuted and Afflicted; and France it self cannot cumplain, as we see it neither does, against such a Charitable Reception, since their own King Pe­pin receiv'd and protected all those that fled to him out of Normandy for a Persecution: And the Emperor Ludovicus Pius did the same to those that for the like fled to him from Rome; as they may see by a An. 817. Decree of his in their own Tom. 2. Gallican Councils: So that our Au­thor Libels them as much when he applies their Per­secution, as he belys our King, when he says he is vid. 1st. Me­morial. Per­secuted.

SECT. VIII.

ANd now to summ up this contested Point for the Ho­nour of His Majesty, and that of the English Na­tion; both which are not a little concern'd in the late Transactions that have past between us and our Neigh­bours, both with relation to the Case of this Celebra­ted Author, and some other of his Subjects which comes much to the same, out of an humble deference to those that were in Alliance with their State; He might less have presum'd to censure, and reflect on ours; but our Author made the more bold to Invade the King first with his Libels, to facilitate that Invasion he had en­courag'd with force and Arms; being adopted into the Treachery of the Dutch, (which in him was Treason) he might more confidently flourish with his Pen, when he saw the Sword a drawing: And since this turbulent and pernicious Pen, which from its Excellency and Applause, is only qualify'd for to do the more of mischief, has met with so much of Permission, as to justifie it self against so many several Memorials of the King of Great Brit­tain; and that in a Paper in which I am my self so much concern'd, where (if he will not take it for foul Language too) I must thank him for abusing me in so good Company as the King and his Ministers, and this, with prefixing the Glorious Fiocco of his renowned Name, to the Front and Finis of as confident a piece, to [Page 69] let the World know he would no longer be Incognito, and the States too, that they ought to take notice of it; since all this appears in Holland, as open as with us any of our Imprimaturs, I hope I need not Apolo­gize much, for a little Liberty that I take, and that the Author of the Parliamentum Pacificum, ought no more to be punisht at the Instance of Mr. F. only for having made but a modest Reflection upon the Paper of a Mini­ster; then was the Author of so many Virulent ones (upon the Memorial of His Majesty solemnly presented;) for the defaming of his Government; and it is a real Maxime, even among the Laws of Nations, that the defensive side has alway the most to say in its justifica­tion, and that little remark that I first past upon some of his Papers, (his very person being unknown to me) was really the result of those many Malicious Reflexi­ons Six Papers. he had made long before, upon the very person of His Majesty, and the Administration of his Govern­ment; and these publickly dispers'd, as I was well in­form'd, for the depraving of the Minds of the King's Subjects abroad, and translated too into other Lan­guage for the making the King and his Ministers more universally odious, and Contemptible to Forreigners themselves: And sent us over here for a pack of Presents, that like the Box of Pandora, when open'd by Epime­theus, contain'd only all kind of Evils, for the infecting us with the worst of Diseases and Calamities that can befall a Kingdom; the Distrust of the Prince, and the Discontent of the People.

The Question that does really arise from these Ob­servations, is shortly this; How much His Majesty was concern'd to represent this to that Government under which these His Defamations were made? And how far it [Page 70] affected that Government, in which He made these De­famations?

1. The Obligation of Honour that all Soveraigns Vid. Pag. 5. come under, is of great weight and Consideration with our Author, when it must oblig'd them to protect all sort of Criminals, and how comes it to be so inconsidera­ble, when some satisfaction is sought for, even for the greatest Crime, High Treason, and the highest indignity: I confess, in Countrys where more profitable Maxims ob­tain, it is a good Aphorism, that he is the Most Honourable, that has Got most, and Honour as well as Godliness with some People, may be great gain; but this is not the Case with Crown'd Heads, and a Power truly Soveraign, they are oblig'd to the most tender regard of their Ho­nour and Dignity, and the least Violation of it unre­garded and neglected, is a stain upon their very Purple; and this has been formerly confess'd by the readiness of those people, to give satisfaction to the least resent­ment of Queen Elizabeth, that perhaps are not so for­ward now to give a satisfactory answer to the demand and Memorial of His Majesty; the difference lying on­ly in this, that they were then the Distressed States, and now the High, and Mighty ones.

The Reputation of a Prince does so far, I confess, (if we may with the Poet, compare great things with small) Symbolize with that of the meaner sort, and the Credit of a Merchant, (and which I know with such a Trading People, must be mightily valued and esteem'd) that the stock of his Honour, and Wealth, his interest in his Subjects, his strength at Sea, and his Forces at Land, like the others estate; his Bank, his Effects, his Esteem, are for the support of his Dignity, to be advanced rather by Fame and Report, even beyond [Page 71] the real Proportion that they bear, and then how in­juriously must He be dealt withal; when by slander, and reproach, he shall be represented Vid. Six Papers. oppressing of his Subjects, contemptible to his Neighbours; his Forces vilify'd, and his Affairs perplext; and we all know a Common-wealth Fam'd, only for a repu­ted Bank, that carries, perhaps, and bears up Quod si Respub. Veneta; Regibus aequalem dignitatem sibi ascribit, quanto meliori Jure Faederatum Belgium. Hor­nius dissertat. Hist. And we know an Author that styles them Regum Domini. it's best reputation in the World upon this very Bottom; and in all their Civil Actions among themselves, insist mightily for reparation, where any pri­vate Credit is lessen'd; or from For­reign States where it is publickly under­valu'd; and if this be their Common Law, I am sure their Civilians Etiam stant Reges & Reg­na suo nomine & Existimatio­ne; quare nomen augeri opor­tet, & Culpa fuerit relaxare vindictam. Alber. Gentil. de jure. Bell. Lib. 1. c. 28. teach Princes too as good a Lesson, that Kings, and Kingdoms stand upon their Fame and E­steem; and that this Fame of theirs is therefore to be defended; and that it would be a Crime in them to for­give, or forget to vindicate it; and all Casuistical Di­vines (if we may tell our Author any thing that ap­pertains to his own Profession) do resolve, that Sove­raign Princes, cannot remit those Indignities that are done to themselves, so soon as private Persons the In­juries that are offer'd them; because their Subjects have a share in the Affronts that are offer'd to the Soveraign, which if he should put up, (it being an Injury to the pub­lick) such a Dispensation and Indulgence would indeed be only void and invalid.

Had the Memorials of His Majesty, which this Re­flecter here has represented so Vid, Vind. Pag. 3.4, ridiculous, so ground­less, and insignificant, and this with the Publick Im­primatur of his Pompous Name, been only for Inju­ries [Page 72] done his Subjects, his Subjects could have more honestly acquiesc'd, and less resented a Reparation re­fus'd, and those, from the Butcheries at Amboyna, to the Business of Bantam, might all have been more hand­somely forgot; but where their Prince himself, and his Fame, by the most virulent Pen, and a Fugitive's too, is Persecuted and traduc'd, and that openly, by an Author that scorns to be Anonimous; this cannot be so soon put up at home, and requires a more signal Reparation from abroad.

And thus it most pertinently comes now before us in the next place to consider, how far a Kingdom or a Common-wealth is affected, (from the general Opi­nion of Casuists, Statesmen, and Historians) by those very Misdemeanours, which against a foreign State, their Subjects, and then a fortiori, any Fugitives may commit. In the Vid. Our Answer to the 1st part of Dr. B's Refl. former Treatise it so fell in our way, that the touching upon it could not be well avoid­ed, but even there it was referr'd to be more fully manifested in this more proper place, and which shall here be as faithfully performed.

It is agreed then by all those Writers, That all pri­vate Injuries become publick and national ones, where any Kingdom or Nation does Vid. Albert. Gentil. id. L. 1. C. 18, neglect to punish them in their own native Subjects, or make satisfaction to the Party injur'd; What then must be inferr'd, where the Injury has been offer'd to His Sacred Majesty, his Publick Ministers, and this from a born Subject of his own, and subjected only to them from a Naturalizati­on acquir'd? And De Jure Bell. l. 3. c. 20. §. 40. Grotius himself carries it so high, that even in things done contrary to friendship, there shall be imply'd a Violation of Peace, and certainly the permission of any Indignity, or connivance the least Contumely that has occasion'd so much War, [Page 81] must be accounted an unfriendly Act: They further say, that a Government which does not prevent by express Commands, such Reflexions as our Author has made on their Friends and Allys, is lookt upon it self, as con­cern'd in their making; for defect of such a Prohibi­tion Qui non Prohibent Tenentur. Si Universi­tas negligit illud factum emendare illaqueat ipsa se. Alber. Gent. Lib. 1. c. 21.: They say, that a Community that neglects to make amends for such a Fact, involves it self in the guilt of it; and it is said by the Celebrated Agapetus in the Works of a Prince, the Standard of all Law, and Royal Equity; that in such Cases, it is the same Crime not to Justinian: parest delinquere & delinquentes non prohibere. prohibit the Offences of others, and your self to be the Offending Person.

Our own Ornament of the Civil Law, and the late Zouchaeus de Jure faeciali. Part. 2. Sect. 5. Quaest. Utrum injuriae a sub­ditis illatae; principem vel populum affi­ciant. Celebrated Professor of it at Oxford, has sufficiently discust this Case, and settl'd it too, in shewing how the injuries that are offer'd, only by private Subjects, can af­fect the Prince and People; but because such Partial Au­thority may not obtain with strangers; and our Au­thors translated Allegiance, may have exempted him from giving that Credit to those that could once have been call'd his Countrymen; let us see what Grotius himself says, into whose Country he is adopted.

It is generally held, (as he confesses) that no Commu­nity of Men is answerable for the faults of any parti­cular persons, and that gives occasion to the constant Clause in Leagues, de Publico Consilio, and this was al­low'd of by Livy, as an Excuse for the Locrians in the Senate of Rome, and to the Rhodians also in the same Se­nate; and to the Vejentes, pleading their Ignorance of their Subjects having assisted the Romans Enemies; but all this is no warrantable excuse to any Civil Society, [Page 82] Principality, or Common-wealths, where any Act of Omission can be prov'd in the Publick, that contributed to the promoting, or permitting any Private Man's offence: St. Chrysostom; whom Vid. Grot. de jure Bell, L. 2. c. 21. S. 2. Grotius there Cites; (and our Reverend Author cannot reject a name so Re­verend) has the best excuse that comes nearest to this Case, and argues thus, That it was not the common Crime of the City (or Community) but only of some Strangers, and Forreigners, that do all things rather rashly, inconsi­derately, and out of ignorance of the Laws: But even this is not excusable, where such a City, or Commu­nity shall connive at any Fugitives, or Forreigners, committing such a Crime, who must there, Con­tract the Guilt by Imputation, for not having hinder'd it before it was committed; to this does he apply the Arguments of Cicero against Piso, of a Consul that permits others to offend; of the saying of Salvian, That he that has a power to prohibit an ill Act, and omits it, does in effect command it; and that Sove­raign Princes who are able to prohibit Crimes, approve them, if they permit them to be done, and who are bound to take care that others offend not: And another of St. Augustine himself, That he that does not in such ca­ses resist and oppose, seems to give his consent; and this being a piece of Divinity, that interferes with the Poli­ticks; (as Grotius observes) our Author, Vid. Vind. pag. 7. I hope, will pardon this little Digression out of the Province he has put upon me: And for the Roman and Fabian Laws, of Masters being punisht for the permission of their Servants Faults; Parents for their Childrens, knowing of the Com­mitment, and being able to restrain it, (both which are too apparent in this Contested point) all these Cases arising only from Natural Equity, or Religious Rules, and Observances, are all by their own Statesman, and a Vid. Grotius ut Supra. most Learned one too, apply'd by a parity of reason to [Page 83] Princes, and their Subjects, their Kingdoms, or their Common-wealths.

King David in the business of Rabbah, and the Am­monites, made it the Crime of their City, for not hin­dring those Indignities done him by some their Inhabi­tants. And if we may venture once more upon our Authors Province, St. Chrysostom in his Oration involves De Stat. Orat. 1. all the Inhabitants of Antioch, in the Crimes of the Sta­tues, because though committed only by a few, it was not punisht by the Community, which general Imputa­tion (he says) could have been avoided, had the Of­fenders been expelled the City: After so Sacred Autho­rity, it would be superfluous to add any Examples from such History as is call'd prophane; but Politicks (as our Author says) being more our peculiar Province, we may expatiate a little further upon some Presidents drawn from the Practise of the Ancient Governments among the Greeks and Romans, as not improper for this place; seeing the most modern Constitutions, and most renowned States, and Republicks, do commonly take their Measures from them. Thus the Grecian Princes were Condemn'd for not delivering up of their Iphigenia; and Polybius blames the Aetolians mightily, who while they would not willingly appear Enemys to Philip, yet suffer'd some of their Subjects openly to act against him, and when the Queen of the Illyrians would have ex­cus'd her self to the Senate of Rome, that the Depraeda­tions of some of her Subjects were done without her Knowledge, or Approbation; she was answer'd, that no Prince could plead ignorance, of what was frequent­ly, and publickly done; and that she was answerable, for not forbidding that injury to her Allies, which she must be presum'd to know. Our Authors most Injurious Reflections on the King and his Government, have been [Page 84] repeated, often Publisht, and openly own'd; so that there is but little need of that proof that may be desir'd, and I wish there were less too, for these Unhappy Appli­cations.

Those that tell us, Vid. Resolu­tion of the States Gene­rals. That it is such an agreeable thing to nature, That he who is born free, should have the li­berty of setling himself, wheresoever he shall think it most advantageous for him, I fear, will find too, from what has been here said, that the Laws of Nature, and Nations, (as agreable as they represent them) are utter­ly against the transferring all Allegiance, after a Domini­on introduc'd; I confess, such a Notion is agreable to Nature, had we no other Common-wealth but that of Mr. Hobs; and there would be no need of insisting up­on Articles of Peace, when we were bound to be in no other State but that of War.

De Jure Bell. L. 2. c. 5. Sect. 24. Grotius himself, upon this point of natural Liberty, though he gives it as great a Latitude as any of his Coun­trymen can desire, cannot extend it beyond the Restri­ctions of all Municipal Laws, and therefore grants, that in some Countrys it is not lawful to renounce their Nation, or forsake their City; and mentions for an Example, that of Mosco; and though by the late Laws among the Ro­mans, any Citizen might remove his Habitation to ano­ther City, yet was he still oblig'd to execute such Offi­ces as should be impos'd on him where he first dwelt; & a special Proviso by those Laws, to compel him to pay his wonted Contributions; neither were they to depart out of all their Territories without leave; but even that Author when he has made this Natural Liberty to be much restrain'd by Municipal Law; concludes, that it is not so agreable, even to Nature, and that no number, or great Companys of Subjects, can be allow'd to de­sert their Country, though some particular Persons may, [Page 85] and to Cap our Authors Allegory, on the Dispensing Power, of the Reflect. 1 part, p. 5. Dutch Dikes, and the difference of pulling of a flower, and breaking an Hedge; this Author ap­plies to this Case too, that it is one thing to draw water out of a River, and another thing to turn the Course of it: So that although this Translated Allegiance and Naturalization, were so agreeable to Nature in the particular Person of Dr. Burnet, yet from the resolution of this their own Lawyer and most excellent States­men, it is the most disagreeable thing in the World, to extend it to so many Regiments, and whole Companies; for as he wisely concludes from the necessity of the end, (which by all moral Maxims must create a right;) by the same Parity of Reason, such an unbounded Li­berty of settling one's self, might be extended to a grea­ter Majority, even to the Dissolution of the whole Ci­vil Society: And to this I might add, That the Consi­deration that ought to have been had (upon some Vid. The Dutch Answ. to the King's Memorial. Resolutions some People have of late given) of Our Subjects that were demanded, being all Souldiers, as well as such a number of People, did make such a ge­neral Naturalization more disagreeable to Nature; since Souldiers must be naturally suppos'd, and that in Peace as well as War, to be more immediately requisite to the Conservation of a Government, than a single Per­son, whose Profession it is not to bear Arms; or only a particular Champion at the Pen, that under the Ob­ligations of the Gospel of Peace, does only disturb the State, and would make the Church it self too, truly Militant.

And so highly Injurious has this assuming the Sub­jects of another Prince been ever resented, especially when in Great Bodies, and that aggravated when the Persons were Military men, that Zonoras discoursing of [Page 86] King Lazus, who had Revolted from the Persians to the Romans, makes it a Just Cause of War, between those Romans and the Persians, because the Roman General had drawn over unto himself the Subjects of the King of Persia. This is granted too by the Learned Grotius, and he insists Lib. 2. c. 5. sect. 24. Lib. 3. c. 20. sect. 41. several times upon the same Passage, for a President. His Majesty's Memorial almost in the same words expresses the Saying of Sabinus, That though every man has this natural Liberty, or the power to make himself a Member of what City he pleases, yet he cannot of the Right of Dominion, after another has been introduced; and therefore Grotins adds the authority of Paulus, That by the Laws of the Romans, all Fugitive Servants were liable to the right of Reception, whom their Masters can over claim, and they must still remain their Servants, and that it is the greatest Injury to detain them from their Service: And certainly then the Soveraign will have as great a Right to that of his Subjects. So that it is indeed somewhat to be admired, to see so lately the Laws of Nature and Nations alleadg'd to Justifie a Matter to which they both are so plainly repugnant, and by those very People, against whom their own most applauded Author is the best of Advocates, and who plainly Lib. 3. c. 9. sect. 11. tells us too, in another place, Ibid. lib. 3. c. 20. That it is unlaw­ful to receive such as are bound either by Oath or other­wise, to perform any Service or Duty to another Prince; and since their Lawyers tell them so, it will not be Improper to look a little into our Law, and see what that tells us.

By the Stat. of Hen. 7. 11 H. 7. Cal­vin's Case, Jac. 1. and the Resolution given in K. J. 1. it is Plain, the King of England cannot be depriv'd of the Service of any of his Subjects, who are bound to serve him in Peace as well as War, both [Page 87] within the Kingdom and without, that natural Allegiance is unalterable and unseparable, whatever Liberty of Translation Some may pretend to; and by a particu­lar Act of Parliament of K. James, (as upon another oc­casion was before observ'd) the Serving of Foreign 3 Jac. c. 5. 3d. Inst. c. 23. Princes with a Translation of Allegiance, is particularly provided against by the requiring an Oath of Obedi­ence before they go over, and making it Felony to go without: And, What can be imply'd from this, but their Obligation to return when call'd and commanded? And this is extended by the Comment of my Lord Coke, to a going over without serving, or to Do­mestick Service as well as Military: The whole Design of the Statute seems directed more especially against Souldiers entring into Foreign Service, and by a more particular Branch of it, binds them Vid. Form of the Obligat. not only to take their Oath of Obedience, but also to give two suffi­cient Sureties: And it was a Case once that came in­to Question, Dyer 298. Whither the going only to live out of the Kingdom, without Leave, were not a Contempt, and an Offence punishable, and to be construed as a Desire to withdraw his due Obedience? And 'tis plain, that Queen Elizabeth, (whose Memory the States ought to Reverence, as well as our Author) after She had gi­ven Leave of Absence in a Foreign Service, for some Years, upon a Refusal to return on the sending her Privy Seal, that Commanded it upon their Allegiance, Id. fol. 375. B. proceeded against the Persons as Fugitives, seizes, con­fiscates, and sells their Estates and Inheritance.

If these then are the Laws of England; if this has been resolv'd in the Reign of a Princess, whose Pro­ceedings no Protestants will dispute, His Majesty's En­voy might well declare, The King could Recall His Vid. the King's Men orial. Subjects by his Royal Proclamation, or his Letters of Pri­vy [Page 88] Seal, and that they were bound to Obey those Or­ders upon very severe penaltys; and the Memorials of the Marquiss may, with the Wiser part of the World be thought to contain a great deal of sense and reason, notwithstanding that our Author has endeavour'd to Vid. Vindic. p. 3. 4. represent most of them so absurd and ridiculous.

But then all Doubt is excluded and out of doors by a general consent and accord of all Statesmen; and Vid. Ibid. ut Supra. Grotius in particular, where it is decided by those Obligations that arise from Articles, Contracts, and Agreements; and to this, those that have contested it so much, by their own Consent and Resolution are bound, and have concluded themselves; so that since a solemn Capitulation has been produc'd, and which we need not insist on to make out, since so publickly known: The Proceedings of His Majesty's Minister of State, (which our Author has undertaken to reflect on and ridicule,) will appear to all understanding People to be founded upon the Principles of natural Justice, common Equity; National Laws, and private Stipulations: And 'tis too plain now, for what ends His Majesty has been deny'd in so just Demands, which must redound with all im­partial People, as much to his Honour as to their Shame; and a successful piece of Injustice has just as much Equity, as a prosperous Villany has to be entituled to the specious Name of abused Virtue.

But setting aside the unanswerable Argument of the Earl of O's Convention and Agreement in 78, I cannot see, but the Contenders against it, and these asserters of this Natural Liberty, had long before concluded themselves by their own Act, in the Articles of two several Treaties, that of Surinam, in 67. and the other signed at Westminster, in 73. for though by the first it was stipulated upon the Place, that instead of this [Page 89] agreeable natural Liberty, all the King's Subjects were to have the Liberty to remove themselves after the transferring of the Place, to some other Plantations un­der His Majesty's Obedience; which I hope imply'd, that their Allegiance was not to be Translated, no not with the Soil it self; this was thought then so agreeable to Nature, that it was admitted immediately as an Article, tho' it may be well remembred how those promises too were kept; the King's Subjects indeed were kept, and detain'd contrary to that very Treaty, and this Detention ac­knowledg'd unjust by themselves in the 5 Article, in 73, and that it should be lawful at any time for His Majesty to send Ships for his Subjects, and that they have leave to depart with all that belong to them, and that they themselves were to assist them in their return; and this was granted by themselves to Grobbendonck at the busi­ness A. D. 1629. of Bois le Duc, where they could not detain the King of Spain's Subjects for theirs; much less than the K. of Englands.

And to which I shall only add, Id. Heath's Chro. That also in the Year 6¾ they cashier'd our Regiments, & would have had them take a New Oath to their States, which they all gene­rously disdain'd, refusing to betray their natural Lord by that treacherous Expedient of translating their Al­legiance. And such an Aversion the whole Nation had then against this political Project of our Author's Opi­niatre which he so prides himself in, that the Opinion of the whole Parliament was against him; and when the Dutch propos'd this new Oath, they past a Bill of Attainder against all such as went over into their Service, and that though the Laws had made it Felony before; these, I consess, were Heroical Attempts of the Dutch, upon the Subjects of the King of Great Britain, to tempt them to betray their Master, (but [Page 90] our Author being experienc'd in that point, wanted no Temptation) and if he will have one Heroical At­tempt more upon Honesty, we know how his new Ma­sters betray'd us, who when our Embassadors were en­tring, their Town to treat, most Heroically enter'd our Ri­ver to burn and destroy; and who (tho' we are so falsly upbraided with a French League) did once really con­clude a League with France to betray England, which (as I am well inform'd) the late King had under their own Hands to produce; and now, this Heroical Invasion, without the least denunciation, is most becoming the Dutch, and another Instance of their fair dealing with Princes, but Time may shew, that England dare not on­ly resent this, but revenge it too.

Could it possibly have been avoided from the Con­tents of his Papers, I would not have given our Au­thor the Glory (who of his own accord is too much given to affect it) of making his Cause that of a Na­tions; but since in this very piece he has labour'd so much to make it so; and those that are his Defenders, by Publick Instruments, Solemn Replys and Resolutions, (which our Adversary here with his Name affix'd, open­ly insists and relies on) have thought fit to interest themselves so far in his defence, His Majesty's Honour requires as defensatory an Apology, and our English Na­tion, as well as private Pens, reduc'd to a necessity of maintaining it: Argument I am sure is an inoffensive Weapon, especially when only us'd by them that per­haps have some reason to be offended, and till our Au­thor returns us as much Reason and Law, President and Examples from History and Fact, to justifie his Cause, (as I may perhaps with Modesty say) has been here offer'd to overthrow it: The Memorials of the King of Great Britain, in spight of this Author's Reflecti­ons, [Page 91] will appear to the reasonable part of the World, and all People unprejudic'd, to be well grounded, and notwithstanding the Reply from the States, to be still un­answered.

SECT. IX.

AND now to come to this Vindication of himself, of which there has been nothing like it, unless it be the words in the Title Page, he Charges me for laying to his Charge several P. 6. Papers that I do not prove upon him: I confess, I cannot Swear to the Truth of them, neither can it be expected that I should, unless I were in the same Confederacy with our Author, for the de­faming of his Country and his King, and had been a Vid. p. 6, 7. Scribler more despicable and mean than any but him­self can make me, (i. e.) his Amanuensis: But though he will not allow P. 2. Similitude of Hands to be Proof enough to hang him, I hope Similitude of Styles and of Circumstances of Affairs may be sufficient or good Evidence only to guess at an Author, and a bad Man. More particular Proof of my Charges might I suppose been as well referr'd to his legal Tryal, as he does his Innocency and Defence, his Justifying and Clearing of himself; but since he is not contented even with that Charge, (which he dares not deny) I must shew the World upon what it was grounded.

1. The Papers then that I arraign'd for his, in one of Vid. Parl. Pac. the former Treatises, and that for the most audacious Re­flections on the Crown, and almost on the Memory of all His Majesty's Royal Predecessors, were those Sir that as confidently carry in their Front this Author's [Page 92] celebrated Name; They are Printed in Holland, which from the Letter, and Paper, and manner of Printing, I can prove (being no such Stranger to Dutch Books,) and it may be easily guest from whence we might ex­pect Dr. Burnett's. These Papers are all Pag'd in Com­mon with those Letters of His that were sent to the Se­cretary of State, on purpose, I suppose, to let us see they were all of a piece: They contain all of them ei­ther the peculiar Concerns of this Author, or else (what is as much his peculiar Province) the highest Defamati­ons of the King and his Government; which for farther satisfaction I have in this Treatise specify'd and repea­ted. These Libels were long before, by a Praelimi­nary Menace 1 Lett. to my Ld. M. of Displeasing His Majesty with a Recital of Affairs, threatned to be sent us; and the Dr. was indeed so civil, before he began his War with the Crown, to send a solemn Denunciation, and the defying of his Prince was an arrogance so agreeable to such a Sub­ject, that it supersedes Proof, and a Man need not seek far to find out the Champion: Though I must confess too, that the foolish affectation of his having had such a Vid. Ib. share in Affairs for this Twenty years, (did not the Author's Vanity prevail against the Truth of the Fact, and a probable Credibility) one might be brought to believe then none of Dr. Burnett's. I do not hear of his having been to either Crowns a Secretary of State, or a Privy Counsellor; and by what has appear'd, he was ever reputed the worst man in the World, for to be one a Secretioribus Consiliis; since, if we can credit his own Relation, Vid. Vind. p. 7. only of my Lord Lau—d's Affairs, and the Character he had from an Archbishop of Scotl. he was not well qualify'd for so much as one a Sacris Domesticis. Some things are so Vid. Bal­dus, ut Supra: Notorium probatione non indiget. plainly probable, that they supersede [Page 93] the pains of any Proof; and that Moral Certainty we have of his having writ these Six Papers, is as good as Demonstration.

The next Papers that I have quoted as his, are the Reflections on Mr. Varilla's; no one that I ever yet met with, did ever mistrust them for any others; and himself has taken all the Care in the World, that they should be known for his alone.

His Itinerary Letters that I have touch'd upon, I hope he does not dispute, or has not taken so much the Liberty of a Traveller, as to have occasion to be asham'd of the Relations.

The Enquiry against the Book of the late Bishop of Oxon, has so much in it of our Authors malice, and revenge, that it would argue a defect of Reason to di­strust it; the Cardinals Fiocco came in (as an Allegory, I suppose) only to let us know, the Author had been lately at Rome; or else, it was most ridiculously ap­ply'd to the Bishops being Incognito, when he had sub­scrib'd his Name, it is some Argument of his being its Author, that Dr. Burnett is the first Man, and most de­fended in it, though a better Doctor, and who, I think, is more dignify'd, as well as more hardly dealt with; (than from his Learning and Doctrine to be made a Fa­natick, and unlearn'd) might have merited a more am­ple defence: The mighty work that it makes with Ma­nuscripts, and Originals; the great relyance this Paper has on the Leige Letter; let us know too at what Door Pag. 1. Pag. 7. to lay it, and if the extolling of himself, and his Histo­ry of Reformation, shall be any Argument against his being the Author, it must be only with those that are unacquainted with his Arrogance; his excessive vanity, and foolish affectation, which I must profess, is only more ridiculous in a person that has so many pretences [Page 94] from his Reading and Learning to be more wise; these Sublimes, these Exalted Flights do not agree with his late Vid. Vind. pag. 1 6.7. humble Imitation; and the Condescention of ma­king his Person mean; though we Despicable Scriblers, must be even below that; so that I suppose, at best, this seeming Modesty was forct in only to serve a turn; and his opiniatre is retain'd under the more praeposte­rous affectation of an humble Pride; but I must in this acknowledge our Authors Civility, that amidst the re­proaches of Despicableness, Mercinariness, Ignorance, and Scribling, I am less scurrilously treated, than this Paper of his has the Prelate, whose Dignity might have defended his Person, though it had been less Learned, and Ingenious: foul Language is as little to be found in our own Writings; and I fancy I have shown out of other Peoples, where there is much: no common confidence could accuse us for that Undecency, that had so much reason to reflect upon it self, and blush at the Accusation.

The Memoirs of the late King's Life, I charg'd him with no further, than himself had threat­ned the World with the Writing them, and so only an­ticipated their Credit and Authority, since they were to come to us from such hands; and if he fancies that I fasten an Answer to the New Tests upon him, which is Vid. Par. Pacif. none of his, I do seriously confess to him, that the Pa­per I there cite, I never conceiv'd to be so, neither had reason so to do, since there is another to the same sub­ject, that is only more seditious, and which among the Six, himself does own.

Thus, I hope, the Injurious Accusation of doing him such injustice, is but ill grounded, since it has been so well shewn both to him and the World, upon what ground I went; neither does himself think fit to deny any single Paper I have put upon him for his; and for [Page 95] his Preface to Lactantius, I had no occasion to take no­tice Vid. Vind. p. 6. of it, since what vilify'd the Kings Government, came only under our Consideration: I confess, I re­member the Piece Printed at Oxford, and that before our Author was so fam'd for Printing, and that with better Notes, than it has now a Preface: the best part of which is only borrow'd from Bishop Taylor, though so much owned by Dr. Burnett; but seeing he takes it so un­kindly we should pass it by, I cannot but civily give it these few rational remarks.

1. That our Authors then running down a Persecution, Vid. This Pre­face to Lactant. was rather the Result of his revenge against some of the Church of England, that kept him from running up: It only shews how ready he is to write on all Subjects, to satisfie his resentment, or Ambition: and when he tells us (so Mysteriously) of what hereafter may appear to his Enemies amasement; I cannot but imagin that he Vid. Vind. p. has somewhat in Reserve, (which from a Conviction of his Error) is a Contradiction to his Writings, and all that he has either said, or done: And I know he could heartily dispense with his Inclination to Indulgence, ra­ther than have it owing to the Grant, and Gracious Di­spensation Vid. Praef. Pag. 24. of his Prince; whom even in that very Piece he does endeavour to represent from the tys of his Reli­gion, under all the Indispensable Obligations to Tyran­ny, and Persecution; and makes the great Turk even there too (from the Mahometan Faith) to be less oblig'd to be a Tyrant and a Persecutor; this is certainly, not so con­sistent with Christianity, to represent the Professors of the same God and Saviour, worse than so many Musul­mans, and unbecoming that Charity, which more imme­diately appertains to his Function, and which himself at the same time does so much seem to affect.

[Page 96] Whatever have been the Policys of States, and pri­vate Interest of designing Men, among the Governments that are in the Countrys where the Roman Catholick Re­ligion is profest; it is the most uncharitable Reflexion, (as well as most unreasonable) to make it Pag. 45. Yet note, that even in this Preface he grants Per­secution to have been more pardona­ble in the be­ginning of the Reformation: and of this mind long be­fore him was Aerodius, even in the Case of Heresy, P. Aerod rer. judicat. Lib. 1. Tit. 6. the Delight of a Church, to Bath her self in Blood, Common Chri­stianity, and even Human Nature cannot admit of such a Cannibal Accusation, and is a Calumny carried a pitch above Julians; and if Papists must pass with us for Pa­gans, they may with Modesty be call'd, Human Crea­tures too, but we must pardon in our Author, the ma­king them so many Monsters, since from our Saviours Character of a Lyar, and a Murderer, he has made them so many Pag. 25. Devils too: These Barbarous Reproaches, I think savour somewhat of those Brutal Excesses, with which he has taken the Liberty to upbraid men of no little figure; and if this Preface be such an Argument of his mighty moderation; I hope I have in decency, done him Justice now, in taking notice of a Discourse which he has so gloriously arrogated to be his own.

And for those Reproaches he says I have cast upon Vindicat. p. 6. him, and with which I do pursue him, which make it so below him to Answer such a Scribler: I have not rely'd upon my own Judgment in this matter for a Reply, but Consulted even some that are no such Enemys to my Adversary, that can as well applaud his Writings, as do Justice to mine, who can find nothing in them of foul Language, or Reproacb; and I believe I have shewn them now where both are to be found: If the repre­senting out of his own Papers, the most Reproachful Re­flections on the King and His Government, be reproach­ing of the Author, I must acknowledge my self very guilty of this Misdemeanor; and I cannot help it, if I am become his Enemy for telling the Truth, or discovering [Page 97] his Falsehood; but some will be apt to think he was most of all his own Foe, when he ventur'd upon such a piece of Confidence, of reviling the King and His Government with the worst of Reproaches, that inve­terate Malice, mingled with abusive Wit, could dictate and invent; with what face will such an Offender find fault, (unless with such an one as cannot be cover'd with Confusion) of whose bitter Words the Lords Anointed did of old complain; That under their Tongues was Mischief and Vanity, Tongues speaking proud things, that said their Lips were their own; and who is Lord over us? The spite­fulness of Doeg was but an Original of this Dr's, devouring Words, all Words that might do hurt, and with Lyes too, cutting like a sharp Razor; and if ever that Royal Psal­mist had reason to make his Complaint of Reproaches, I am sure His Majesty may, that is as much Reproach't:

This Exalting of himself to such a Sublime, in setting others though unknown, so below him; has given me occasion to know more of the Quality of this Hero, than perhaps I should otherwise have inquired into, and can­not find from the Scots Herauldry, that the Name and Family is so famous, (though his Father is here represen­ted by him, as great as any Patriot of his Country) the Standard of Loyalty, and Protector of Property; the E­nemy Vid. Pag. 6. to all Arbitrary Power, as well as Rebellion, what­ever has been this Noble Authors Extract and Discent: 'tis certain he does not much Credit to the Dust of his Ancestors, to taint their Honour with a Degradation; and instead of adding to their Atchievements, to bring them to be torn at the Market-Cross.

I confess if that would ennoble him, I am inform'd he has good luck with the Ladys, and that he was former­ly married Vid. Reflect. 1st. part, p. 8. (for I do not scorn (as he says) such a simple Expression) to a Person of Quality: but I hope he will not boast too much of that Happiness, lest it should put [Page 98] people upon Enquiry, how unhandsomely he came to attain it, which I am told too, was by none of the most reputable means; but neither will this elevate him to that height, as to make others so much below him; for by our own Laws of Honour, and the old Decrees of the Emperors, Women of Quality are reputed no longer so, Dig. 1▪ 9. 8. when they marry below themselves.

Our Authors meritorious Services to the Court, I cannot discover, though he Vind. p. 6. magnify's it much; but what will not an unimitable piece of Vanity aspire to? His Merits were never so many to make him much known to the Government, unless his endeavours may be call'd so, to do it a disservice, and some Creatures are most known by the Mischiefs they do, his preferment from his own Confession, was never so high, and some Vid. Ibid. Objects are below the Displeasure of a Court.

And here I cannot but take notice of the most inve­terate piece of Malice, that has yet past his Pen, tho' before we had Papers that were virulent enough, and as full of Venom and Viper; he tells us, that he is credi­bly inform'd, (which imports his belief of the Matter of Fact) that many have been interrogated with Tortures Vid. Vind. p. 6. to Accuse him: Had he not design'd it as the severest Re­crimination on the Crown, he might have exprest to us the Place where, whither Scotland was the Scene of this severity, and not left it to the Judgment of un­thinking men to conclude it, a Court contrivance here; he knows our Laws admit of no such Cruelty; neither (as I am too credibly inform'd) was it practis'd with relation to him there; their Laws and Customs, I confess, admit it in extraordinary Cases, as well as For­reign Countrys, where the Rack is many times as rigo­rously extended as his Boot at home, but then I am satis­fied it is upon the same grounds, which by Consulting [Page 99] of Forreigners upon this judicial severity I found in these summary Processes, they proceeded on, and that it is exercis'd only where they find the Evidence so strong, and the Proof so presumptive, that nothing but the Prisoners Obstinacy can oppose it, and that they are never tortur'd but in Capital Cases, where their Con­fession is only wanting to confirm their Guilt; where the Proof is so plain, that they could be executed with­out it; and upon which one of our Jurys might find them Guilty.

The Charge of Betraying his Master, being some­what of an heavy one, the guilt against the Rules of common Gratitude and Morality, a petty Treason, one would have thought this Author in a Vindication of all Vid. p. 1. that relates to himself, would have made his Innocency very plain; but this defence is indeed like all the rest; Vid. Vin. p. 7. he excuses his not being able to betray a Master, because he never had one that could properly be call'd so; and that he was ever rais'd by the King, above the serving any Subject: I never heard of this high preferment that did Vid. Vind. p. 7. so incapacitate him, unless it were that at the Rolls; and in that, I am sure, he serv'd a Subject, and had a Master in more Senses than one: This is such a Quible, and Equivocation, that Cambridge (whose true Learn­ing, and Ingenuity, in the common Reflection is so much, and so injuriously abus'd) can never be suppos'd to have furnisht him with such an Insipid Jest; and that Pro­vident and Learned Body, that perhaps out of a prospect of his ill Principles, did once (as some say) refuse him to Preach, will as little approve of such a subterfuge in his defence: It is strange that this Author that uses to be so full of his slights, should here so poorly stick at words: The Reflection I made, was grounded upon the known, and now his own confest Story, of betraying the late Vid. ib. [Page 100] D. of L. a Story that he Consciously owns I am not the only Author of; but it seems, his Master was not thus betray'd, because (says he) this Noble Lord was never such his Master; I cannot, I confess, imagine what this manner of excuse can mean; unless he thinks from the Propriety, and common Acceptation of the Term, I represented him as an Apprentice to the Duke; for other­wise, the Defence is very lame; it imported only in general, with all impartial people, that he had betray'd a Patron, a worthy Friend, or a Person of Honour that had made him his Confident, for the first I am credibly inform'd, that he was patronis'd, as a Chaplain there, that he has been seen to officiate as such at that Table which he made a Snare; but had this been but in the Case of a Common Friend, or Confident, I humbly conceive, the Treachery had been the same, the Jealousie that occa­sion'd that great Ministers anger, it seems, was well grounded; and the Doctor tells us no more than this, That the Duke alway thought he would betray him; if this Vid. Ib. can be call'd a Vindication of himself, the Reproaches he accuses me of, may pass for his Encomiums?

But for another Argument e Confesso, what can de­clare Vid. Ibid. more fully his falshood to be a propense, and re­vengeful malice? and (which he would make a necessita­ted Discovery) then his disclosing of his own accord, the Proposal of a Scottish Peer, about Invading England, who was liable to the Laws of it, and that to a Mem­ber of its Parliament, and who, perhaps, he knew too to be no friend to this great Minister whom his su­spected Principles had made so much his Enemy, Can our Author reconcile this to common sense? That the telling a person of Honour, and a Member of the House such a Tale, was not betraying it, or not the same, as if he had publisht it on the House top: Oats and Tongue told [Page 101] their Tale of a Plot to a person of Honour, and Member of the House, upon which it was so set about that it was known to a great many others, upon which they were sent Vid. Pag. 7. for to the House; and will our Author say these Men were unwillingly brought to own a detestable piece of Forgery? and which I am credibly inform'd his was too, for that late Loyal Peer is said to have justify'd himself so far, that all that he offer'd at was only, that his Ma­jesty might be able to make more use of his Subjects of Scotland by his being inabled to call for their Service in England, to serve him out of their own Realm, as well as within, which was consonant, and agreeable, not on­ly to reason, but to some express Vid. Acts Parl. of Scot­land. Acts of Parliament, both of that Kingdom, and our own; and which, 'tis more than probable, this Doctor too, from the resent­ment Vid. 11. H. 7. that he had of his Sufferings under that great Mi­nisters anger, did improve also into a Plot of an Army, Ib. a Scottish Invasion, of Spoiling, and Subduing the En­glish.

It is pretty to observe how this Excellency of our Author does indeed consist in Writing, that is, in Black, and White, when with a touch of his Pen, any Actions shall appear in what colour he pleases; he tells us of a Perfect Reconciliation that ensu'd between this great Mi­nister, and himself, but says, That upon some reasons of Ib. his own, their meeting was defer'd, or, not thought conve­nient; and I am much of this Authors mind, that upon some reasons the Duke had, he did not think convenient to meet him; it was a good Argument of his Lordships Cunning and Policy, and as little proof of this perfect Re­conciliation; Vid. pag 7. Coll. 2. that Celebrated Statesman was never su­spected yet for want of Wisdom; and it is a known Maxim, That a Man may betray me once by his being a Knave, but the second opportunity makes me a Fool.

[Page 102] And the Attestation this Author appeals to, of that Ibid. Noble Peers Nephew, is all of a piece with the rest of his Vindication, (that is) nothing of truth in it, or no­thing to the purpose; I have taken pains to enquire into this matter; have consulted my Lord M. that Honou­rable, and Ingenious Person he so injuriously reflects on, and find nothing of that Paragraph to be true, but his Lordships being now of the Roman Communion, and that was as invidiously forc'd in by our Author, for a Reflection upon his being reconcil'd, but the greater a­buse it must needs be, to fasten a false thing upon a Per­son of Honour, who ought to be handled with more regard to modesty and truth, than if our Author was treating only with Mr. Varillas, or reflecting upon his Scriblers: He Cites this Honourable Person, as a Wit­ness; but if he has none that could do him more ser­vice, should he appear to his Citation, I am afraid it would go hard with him at his Tryal: He appeals freely to Pag. 7. his Lordship for bringing very kind Messages to him from my Lord Duke; and signifying them to him after his death. I confess, our Author ever gives himself a freedom with great Persons, which is but a part of his peculiar Vani­ty, to Aggrandise himself; but I must freely tell him too, this is found to be false; 'tis strange, that it must be the misfortune of so Lord L. Lord R. Lord M. many Lords to suffer by such a dan­gerous Correspondent; this Noble Person remembers none of these very kind Messages he brought him, nor a­ny that the Duke ever sent; and that his Lordship might be more fully satisfy'd, not relying wholly upon his own Memory, it being almost six years since, as an Argument of his greater integrity and Ingenuity, has al­so as freely appeal'd to a person from whose Function, as well as favour, our Author can expect nothing but Ju­stice: and that is a Divine, and his own Favourite, who [Page 103] first introduc'd my Lord to his unhappy Acquaintance; whose Return is, That he assures his Lordship there was not a word spoken by his Lordship in his hearing, (who was present at the two several Meetings they had) of any Message from the Duke of Lauderdale to the Doctor. The Original Answer I have by me, as also, the Copy of the Letter, his Lordship sent.

So that I must conclude too, I cannot leave this with­out taking notice of our Authors sincerity; and assure him Vid. Reflect. on Parliam. Pacificum 1 part. pag. 3. when ever he makes a better Vindication of his own, I▪ll pardon him the groundless Reflexion he has put upon mine.

He tells me, in the next place, I pity Mr. Varilla's defeated condition, and so indeed I do Dr. Burnett's too, who wants nothing to his being baffl'd, but the modesty to acknowledge it, he is as unlucky here in his Appeals, as I have made him appear in some of his Reflexions, since the Learned Author at Rome, and the other at Paris, to both of which he has appeal'd, have both Vindicated Schelstradt & Le Grand. themselves in particular Treatises against this bold Ap­pellant; and our Author can make no further defence un­less he intends to decide it by Combat; and I am much as­sur'd, his Appealing to his Friends there, about Monsieur Vid. Vind. p. 7. Var. not pretending to justifie himself, and receiving an Order from the King, to insist no more on the Dispute, is as un­fortunately false, and which we have taken care to en­quire into; whatever are Mr. Varillas his faults, of which he cannot be excus'd; there must be much of Allowance made him for being a Forreigner, where the Exactitude of Names, as well as times, may fail him; our Author might be at no little loss, were he to Write their French History; though an Historian of France has lately Corrected that of his Reformation; and (as [Page 104] some think) with good reason too; but I must still retain this opinion, that a Native must alway have bet­ter opportunity, and be better qualify'd for the giving an Account of his own Country, from the easie Re­course that he can have to Records, and Originals, and from the more natural Apprehensions, and Conceptions he must have of the State of Affairs, and the temper of his Nation, than any Alien, though so long Educa­ted in that Forreign Country of which he would Write an History, that he might be said to be Natu­raliz'd; and this may make (perhaps) even Polidore Virgil, whom many Appeal to, and our Author once too much, to be less Authentick in our Affairs than he is commonly taken for, and whose Authority (if I mi­stake not) is somewhat suspected, if not Condemn'd, by a Celebrated Writer, Sir Henry Savill; and here I Vid. cannot but take notice, that our Author in as Celebra­ted Piece of his, puts in this Polidore Virgil, as an Au­ther Vid. Reflect. upon his Cont. History of Heresie. Vid. Errat. of equal Credit with Mr. Varillas, perhaps, gui­ded by instinct; but all the while means (as himself assures us afterward) honest Harpsfield: This sounds at first sight, as bad as Haveit for Sir Thomas Wiat; this was sure no fault of the Press, neither could Mr. Va­rillas forgive him for all his Errata, should his Refle­ction be answered (as one would think by the beginning, he did the Book of the Bishops) (i. e.) before he read to the End.

Our Adversarys fits of Arrogance often return upon him, and if the Tumors of his Body, were but com­mensurate to those of his Soul, he must needs die in a Dropsie; to be pufft in Mind, and to have proud Looks, was the Detestation of King David himself, and then but ill suits a Divine, that is so oft bound to [Page 105] read his Psalter; our Author would have me succeed to that Despicable Writer, (as he calls Mr. Varillas;) but Pag. 7. if his Observations upon that Gentleman be true, he has made himself the Successor to all his Foolishness, and Affectation, in setting such a Value upon the Ex­cellencies of his own Sublimes.

The Contradiction I Vid. id. fix'd upon his Writings con­cerning the Temper, and Disposition of Queen Mary, will stand, in spite of his Distinctions, and Endeavors to evade it. It has been the constant practise of these prejudic'd, and inveterate Historians, to make her very Nature cruel and bloody, and from an Ʋnrelenting Seve­rity; and some unmerciful Inclinations perhaps more Impartial Authors cannot clear her; and 'tis plain, that his Encomiums upon that Reflect. on 3 Tome of Mr. Var. p. 150 instance of her Cle­mency, was clearly the Result of his Brutal Rage, a­gainst the Proceedings of the chief Minister of His Ma­jesty's Justice; and that very Devil (whom for a touch on the Vid. Praeface to Lactantius. Papists) he represents for a Lyar, and a Mur­derer, should have been made the God of truth and mercy, rather than have wanted an elevated reproach, and a Scurrilous Aggravation, against that Honourable Person, whom in every Paper he so scandalously stig­matises; this was only to shew how Vid. His Re­flect. on Va­rillas Conti­nuation. Rebels were hang'd up by Hundreds, by him whom his more exalted confi­dence, has since call'd the Vid. His Apology. common Hangman: That lew'd Character, and foulest Language, was only a Du­plicated Libel on the late King's Memory, his Judg­ment, and his Minister of State together, the falsest Aspersion, and entire Fiction; the Character being in all its parts so disagreeable, is of it self a sufficient Proof, that it was none of the late Kings, whom this Author, upon another occasion to abuse his Memory, [Page 106] has Vid. His En­quiry. extoll'd for an Excellency in that way; but he that (though an unworthy Preacher of the Rolls) would have been a Master of the Temple, may be angry if disappointed, for the sake of a better Man; These Ex­cesses could never have been made Brutal, but by one that can as brutishly represent them; and this Bo­dy of Divinity, to gratifie its passion, does only divest it self of Humanity, and translates it self too into one of those beasts of Ephesus, it fights against Principali­ties and Powers, against Paul too, as well as Peter; this Satyrist himself must pardon this passage, when he re­flects upon that Majesty, and the Ministers of his State, he has in such a scandalous manner, Libell'd, and Tra­duc'd.

I made it appear in that Treatise, that his Contra­diction was truly such, according to the very definiti­on Vid. ibid. Vind. p. 7. of the Schools, with a dicitur de eodem, for if Queen Mary, was to be made Cruel in Matters of Reli­gion, that Rebellion was really upon that very Score, and the Spanish Match but a meer pretence, and there­fore I've proved upon him, that for his God, he can ly. And though some disgusted Papists might joyn with him, his Followers were (to a very few) all Protestants; and his Reflexions upon that place, at best, but a pre­sumptive Forgery: for this Match is confest by Sir R. Baker's Chron. p. 318. Histo­rians, to have been of the two, most advantageous to Qu. Mary, that they resolv'd once not to stir till K. Phi­lip came; that so their taking up Arms might have the better Colour; and the Queen complain'd to the Lon­doners, that though he pretended only the crossing of of the Match; yet his Audacious Designs, were to seize upon her Person, to have the Custody of her, [Page 107] and the Command of her Counsellours, and 'tis strange, since her Cruelty was such in Matters of Re­ligion, she should be so merciful to those that really Re­bell'd for it.

Those Acts and Monuments, which in all other things Vid. Fox 1419. Vid. Dr. B's Praeface to Reformation. must be so believ'd, and of which himself has so good opinion, as to give them his Panegerick; how comes it to pass, that they must here have no Authority at all; Those tell us, That it was for Religion too, they Conspir'd among themselves, and made a Rebellion, of which this Wiat was one of the chief Beginners, who said, that upon this Match, (and as he said, many else perceived) the Queen and Counsel would Establish the Popish Religion; and in that Monumental Speech, he Records of the Queen, are these express words, That their Pretence, as they said was at first against the determined Marriage, but that since she had sent certain of her Privy Council unto them, to demand the cause of their Rebellion, and it appeared unto the said Council, that the Matter of the Marriage seem'd to be but a Spanish Cloak, to cover their pretended purpose against our Religion: I cannot see, but this with all Protestants, must pass for truth, if they believe the Martyrologist, and that Vid. Reflect. on Var. Cont. p. 150. before the par­tial Account that may be put upon us in a Paper of his Sons, and the false Reflexions of a prejudic'd and disingenuous Author: But mark the agreement of these Writers, Dr. Burnett, only where it makes for his pur­pose, tells us of a very small number that were made Examples upon this Insurrection, but Mr. Fox says, though there was but about an hundred kill'd, yet of those that were taken, a great many were hang'd and Executed; they were hung up by Fiftys, though not by Hundreds, if we believe the How's Cont. of Stow's Ann. pag. 622. History of Mr. How, [Page 108] and even this Vid. Abridg. of Reform. l. 3. Author himself confesses so much: it cannot be deny'd, says Dr. Vid. His Hi­story of Refor. Ann. Reg. Mar Heylin, But that the resti­tution of the Reform'd Religion, was the matter principally aimed at in the Rebellion, though nothing but the Match with Spain, appeared on the outside; the hope they had of the Earl of Devonshire's Marrying the Princess Elizabeth, and restoring Reformation, animated the Western part, as well as Wiat did the South, and so satisfy'd were Pro­testants, that pure Religion was the Cause, that Good­man writes a Panegyrick upon this very Sir Thomas's Exploit, to this purpose: Wiat that did his Duty for the Maintenance of the Gospel: Wiat with whom all ought to have risen that profess the Gospel: O Noble Wiat, that art now with God, and those Worthy Men, that died in that happy Enterprize: Lastly, This very Authors words are to this purpose, upon the place, All that lov'd the Vid. Dr. B's Reform. Part 2. Lib. 2. Reformation, were against the Spanish Match; and tells us, that Wiat in his Proclamation at Maidstone, (where note, that is the only one we hear of his in History) tho' he pretended nothing but the Liberty of the Nation, yet privately assur'd all the Reform'd, he would declare for them; and since there is such a Concurrent Testi­mony of all sort of Writers, of different Complexions, and even his own, is it not the most shameful piece of Impudence? to offer to obtrude such a Forgery upon the World, for which he can have no other foundati­on, than this Account, which he Vid Reflect. on the Conti­nuation of Mr. Var. Prints of his Sons, contrary to the sense of all Historians? Is it not more than probable, that this Relation was feign'd to excuse the Father? And are not all Familles concern'd, as much as they can, to keep up their Reputation? If he has made no better Inferences from his consulting the rest of the Records that concern the Reformation, than [Page 109] he pretends to draw from this Original, he has done it the greatest disservice in the World, by his Imprudent Partiality, and Inconsiderate Conclusions.

But to confirm further the falshood of this Rela­tion, upon which our Author so imprudently relies, Vid. Dr. B's Histor. of Reformation, which has not a word of it. I do not find from several of our Annals and Chro­nicles, that this same Sir Thomas Wiatt (as his Vid. Reflect. on Mr. Varil­la's 3d. Tom. 140. Refle­ctions say) was ever sent Ambassador to Charles the Fifth's Court; I have traced it from Hen. I find in Hen. the 8th's Reign, Sir Henry Knevet and Gardiner to be Em­bassadors to that Court, in 1541. and 1545. and Sir phil. Hoby Re­sident there in Edw. 6. Reign, 1548/9: the 8th's Reign down to Queen Mary's; Dr. Heylin makes no mention of it in his History; neither does our Author, as himself confesses, Record it. in his own; but this new Discovery is brought in now for a Supplement, as he says, to supply the Defects of it. If this be his sin­cerity so much applauded, I am afraid even Mons. Le Grand must have a great advantage against him. But what is somewhat remarkable, upon my enquiring in­to this matter, I find one Sir Thomas Wiat, about the 33 1641. of Hen. 8. Bak. Chron. p. 300. 8 Edit. Lond. sent Ambassadour to the same Emperour, but who died of the Plague while he was going thither; but whether this might not make the Mistake, or that one of his Sons, or of the same Family and Name, succeeded in the same Embassa­dy, I submit to the conjectures of those that will, I hope, make better Conclusions than our Author; I am sure it is but a bad one that he makes from the same business, that is, because no mention was made of B. Poynet's, Abridg. l. 3. being in the Rebellion, by his Name not being among the many that were attainted for it; he not in it, when it is very probable he was left out only for his Deserting them before they came [Page 110] to London, since those Writers that accuse him of being an Accomplice, acknowledge too, that he Counsell'd them to shift for themselves, took his leave of them, and went into Germany; and 'tis a ge­neral practise upon all such Revolutions to Animad­vert chiefly upon those that are seiz'd, and have been the most obstinate, and persisted to the last in such re­bellious Undertakings: And I do not see why Dr. Hey­lin's Authority in this Point; when he imparts also to An. 1. Reg. M. us, the Particulars, should not be of as much force as Dr. B's, when he gives us but a general Assertion from his one Supposition and Conjecture: And I cannot but take notice, how in the Account of this Affair, our Author would excuse those Rebels, and calls it but a Vid. Hist. Ref. sort of an Attempt upon Winchester House, when both Mr. Fox, and Dr. Heylin agree, that they sack'd it, and defac'd all the Bishops Library. That Author, in spite of his unjust Character, in his Proud, and Censorious Vid. Praef. to his 1 Vol. Praeface, has said too much against Papists, to be su­spected for one, or hired for it; and who has not shewn so little bitterness against their Doctrines, and Perswa­sions, as to be thought only to write on one side, and to fa­vour them so much; he shew'd himself so far a fair Histo­rian, as plainly to lay open the saults of both Parties, and represents the Sacrilegious Proceedings of King Edward's Reign, with as much abhorrence, as the Persecution of Queen Mary's, and the Description of that, I am sure, he has not in the least favour'd; 'tis confess'd, he had not recourse to those many Records, that, perhaps, since; have not been so well explain'd, or truly Copy'd; neither did he design his Work so Volu­minous; but his Sincerity seems somewhat beyond theirs that have so confidently traduc'd it: and from what has been here said, may be observed too, That [Page 111] Vid. His Apology. there are some degrees of shame, over which when people have past, they cannot be put out of Countenance.

And now I hope I shall clear my self from his last Accusations, having so successfully been able, (even from his own malice and mistakes, to defend my self against all the rest) He says, That in State Matters I have not blemish'd him much; but he must mean Vid. Vind. p.7. it for the same reason, that he has not blemish'd any Minister of State, (i.e.) by his own being so full of blots and blemishes.

He Vid. Ib. Vind. p. 7. Accuses me for venturing upon a point of Divinity, which (as he says) is above me, since I were only entertain'd to Scrible upon the Politicks: Scribler and Scribling are the best Terms that alwaies our Arro­gant piece of Opinatre bestows upon Persons that write with more sincerity, though not with the same po­pular Fame that this piece of Arrogance affects; but so many times does a Mountebank attract the Mobile with his pompous Name, and his having appear'd so much upon the Stage: I cannot see upon what this prodigious Vanity should so inestimably value himself, unless it be for that Function which in any other I shall alwaies respect, and which himself has in All endeavour'd to defame. Luther was condem­ned for his undecent Reply to our Henry the 8th. and that by those Protestants for whom he was the first Champion at the Pen: And sure the Church of England must be asham'd then of such a Defender, that villifies his King with Reproaches that would be a Scandal to a Dutch Scavenger: Had the Procee­dings against the Dr. been so severe, a submissive Ac­quiescence would have better become his Coat and Character; and where he says he had so many Ene­mies, [Page 112] procur'd him more Friends; People are apt to pity those that take Hardships patiently, when their uneasiness may make them seem to merit it: Where­as his Vindications only divest him of the Habit he wears, the Cassock of an English Divine, cannot Con­ceal so much Sedition, a Cloak of Amsterdam will become it better, and cover it more. But though he makes Politicks my sole Province, and Divinity so much above me, it may appear I understand as much of it as this comes to, though I don't make it my Trade; and it might be wish'd this Dogmatist out of the Pulpit, did not put upon us for Doctrine so much of his Politicks too; but it seems with such vain men as our Author, all Human Learning, as well as Divine, must be look'd for like the Keys (for which we condemn another Church) to be hung at his Girdle; I cannot see, but I might venture as bold­ly upon his School-Divinity, as our Author upon the Court-Politicks: And for my being entertain'd for that purpose, is but another Instance of Dr. Burnett's Faithfulness in his giving of Characters, which is still at a venture; those that are better acquainted with me, know best what has been my Entertainment, and I can de­fie even Malice to make out my being Mercenary; but we see now for what he was entertain'd in Holland. Whatever Reflections may be past upon our Wri­tings, they have been alwaies really the Result of defending the Crown against all Antimonarchical Principles, and such seditious Reflections, by one who shall never be brought to make any Mollifying Distinctions or Modalitys, for the sake of any Persons or Perswasions, that behave themselves disrespectfully to their King, and shall ever condemn those that have [Page 105] done it, as much as what our celebrated Author has been so long a doing.

I have seen so much of Government abroad, as to learn, that there is no Country that takes so much Licentious Liberty with their Prince, as our own at home, and whatever side was faulty, did think it my Duty, without being entertain'd, to tell them of their faults: Could our Author prove me (what he calls A­nother, an Hired Vid. His Apology, p.5. Buffoon, whom against his Apology I leave to defend himself (if he can from being hir'd) being a more celebrated Pen, and one that was al­waies willing, that the Government by none other should be defended; for Pension and Pay will make the most Loyal Services a Trade, and so we must give some people leave to put in for a Monopoly.) Our Author might have then perhaps more handsomely past upon us the Reflection; but since from the First most famous Attempt against the King's Succession, to his own late Libels upon the King, I have with the same zeal and sincerity vindicated his cause against Authors as celebrated as himself, and that without the least satis­faction, but what Duty and Loyalty could afford, which indeed, like the best of Virtue, is the best Reward un­to it self: This Reflection will come from him now with no good Grace, especially if he reflects upon some Application himself made to the late King that he Libels; and upon the * Account he gives us of the carry­ing on his own Works, which, if I mistake not, was Vid. His Pref. to Refor. 1 vol. not compast without a Collection too, and his kind Be­nefactors not only Courted out of their Manuscripts, but their Money.

But since our Author would make me so Ignorant in this Notion of Arrianism, I shall let him know, [Page 106] I a little understand it, and that he much misunder­stood me; The Doctrine of Arrius is delivered down to us as a Disbelief of the Divinity of our Saviour; Vid. Vind. p. 7. that which gave the first occasion for it, was indeed what has caus'd the many Perplexities about Religi­ous Matters since, and that is the Sophistry of such Polemical Divines, that make but a piece of Meta­physicks of their Faith and Religion, and must needs give Expositions and Solutions upon what without examining they are bound even from the very Bible to believe: The Bishop of Alexandria, upon a solemn Assembly of his Clergy, falls upon a speculative Discourse of this Mighty Mystery, and manages it so confus'dly, that Arrius fancied he was introdu­cing an Heresie before him, viz. the Sabellians, and while he was concern'd against the Uniting of the Persons, divides their Natures, and to defend the Trinity, destroys the Unity. This I take to be Ar­rianism; This the occasion of it; This the Source Neicene, Atha­nas. &c. of our being perplext with so many explanatory Creeds, which I could never comprehend so necessa­ry, though thought sit to be made so Canonical.

Now the nice Disquisition about these matters, I thought, might be better omitted, & even the searching into Manuscripts about it, at least the troubling the World with the Account; Since such unhappy Curiosity in these Scholastick Speculations occasion'd the very Heresie against which we contend, and since it is an Opinion that has no footing in all our Western Chur­ches, whether Catholick or Protestant, not so much as in a single Heretick: It can be no Service to the Christian Religion in general, to retrieve those Dis­courses that among unwary men and illiterate might [Page 107] create Doubts and Disturbances. Much less can it be defended, the giving the World to understand, Vid. His Letter from Zurich. that the plainest Text that we have in our Bibles against it, is not to be found in their Original Manuscripts; for since those Sacred Books are by the indulgent Charity of the Reformation, and the reasonableness of all Peoples reading what they are bound to be­lieve, permitted to the meanest Capacities, the plain­est words will best Satisfie such, who cannot so well ga­ther it from some dubious Expressions, which though clear to such a Doctor, to them may seem dark, especial­ly when that light they rely'd on, is so officiously put out. This was the true ground of the Reflection, and This what he grounds upon an Accusation as false; for any one that views the Vid. Parlia. Pacif. Passage, will find I accus'd him only for dealing thus boldly about the Trinity; and it plainly appears, that it had been better for the Church, if such busie men had never been so bold: I charg'd his Person with no Opinion, but only this Unhappy Consequence of his Fatal and offi­cious Industry. So that when he says I repre­sent him as an Enemy to the Divinity of Christ, tho' he would not be thought to Vid. Vind. p. 8. lye for God; yet for Man, for himself, what is worse, for an ill man he doth.

FINIS.

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