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

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both to them and us what practices and mighty indeavours the Royal party hath used these many years to ingage this State against the Parliament now the Common-wealth of England What partial proceedings were there a foot All that came from the King had audience at pleasure the Parliament none The States-men of war were though mostly besides the States knowledge imployed in the service of the King and his Party as if they had been his own What would have been the issue think you if they had ingaged us to make war against the Parliament but to sacrifice our Power our Treasure our Freedome for the inslaving both the Parliament and our Selves Is it forgotten already what past here among us last Summer Had Amsterdam and the Bank of Amsterdam been but surprised once nay had but one man continued alive we should have been in a case sad and bad enough After that this danger was over and we had called the Grand Assembly together for the settlement of our Freedom they acknowledged the Common-wealth of England and resolved to send an Ambassador to them the Parliament shewed themselves so honourable and civil that they prevented us concurring with our own desires of settling both these Republicks in a posture against all that should at any time attempt ought against them They considered who was their present Enemy and how near the King of Scots was allied to him that by his late practises disclosed so much of his Designs against Holland Amsterdam and the whole State Also what special correspondence there past between these two to reduce both Republicks to a plenary Subjection Afterwards when the English had gotten the start of their Adversary by the great Victory at Dunbar Then it is to be observed that they came out of a cordially zeal and affection to deliver us likewise and to further the settlement of our State and by an union with them render us secure at home and feared abroad How and by whom the effect thereof hath been protracted hitherto is well known namely by those who still are Preaching to us that we should submit our selves under the young Prince of Orange that is to say under the sister of the King of Scotland the Guardianess of him whom they would fain force upon us for our Head and Guardian The following both Scripture and prophane Allegations and Histories registred by the Answerer are to no purpose being a thousand times refuted Gods holy Word the instinct of Nature right reason the Laws the Judgements of the Casuists the Oaths Covenants and all these are things the Parliament alledge for themselves with more reason and advantage then the Royalists Those sayings Rex non moritur Rex nulli facit injuriam are known to be rank flatteries and neither in England nor in any other Kingdome allowed of I wonder how this man durst avert such things in the face of this Republick As also that he durst call that a Sophis●●e which the States of Holland had made use of to induce the rest of the Provinces to the Acknowledgment of the English Republick viz to give unto Cesar that is the present Possessor or Incumbent that which is Cesars Why did he not first make known this subtle solution of that Sophism to Spain Portugal Venice Florence Genua France would fain come on too Did they understand the Date Caesari thus we had more reason for it As for those other allegations taken out of several Sermons I shall direct him to infinite other Sermons that were and are daily made in the behalf of the Parliament The Answerers and others wresting of the Scriptures like a Nose of wax to serve their turns is a kind of Prophanation The Memorandums he calls Monstrous things A bold expression They contain the very words set down in the Treaty of Anno 1495. and consequently the States own words delivered unto the English Ambassadors May 2 last which are not monstrous but grounded on very weighty Reason For we do plainly find that for divers years now all along the English and Scots Malignants do not only seek to imbroil us in war but labour likewise daily here to reduce us again under the subjection or Guardianship of the young Prince of Orange that needs a Guardian himself So that it seems Lex Julia de ambitu lies asleep Otherwise this State ought to rid themselves of those strangers that seek to obtrude a new Domination upon us And the English deserve our thanks for having reacht forth their helping hand thus unto us In the Rear now our Answerer falls upon the thirty six Articles and says That the same do prejudice or hinder his Kings Right to the Crown of England All the Kings and Potentates which acknowledge England a Republick do in effect the same thing But indeed neither any of those Kings and Potentates nor we our selves but the Kings ow● evill Councellors or Proceedings are the cause of all this When the Anserer the rest of his partners the Scots and Covenanters have hurried their Waggon into precipices of ruine it is past our redress To enter into alliance against those that go about to ruine our Commerce and bereave us of our Freedom as much as in them lies is both necessary and commendable If some will needs live under a King let them as for our parts we are resolved by Gods help to maintain our Freedom A League with England will not bring us into a Labyrinth nor make us subjects of Depradation and Slavery but free and secure us from both The Resolutions of Neutrality which he mentioneth are limited with conditions in case the Scots Irish and other Pirats perform Neutrality to us also All the former alliances are between the Nations so their Lord ships the States understand it so also do all the Kings and Potentates understand it that Treat here with the States upon the ancient Treaties as made in those times under the name of the Duke of Burgundy and Austria The Answerer himself implies as much above where he takes the Treaty vvith Duke Philip Anno 1495. as made with their Lordships the States and so likewise the renued Treaty with Scotland in Anno 1594. which Queen Mary had made as Governess in the Netherlands and the King of Scotland notwithstanding renued it with their Lordships Non populi propter Regem sed Rex propter populū Kings Princes enter into Treaties as Representers of the People for the peoples sake This Kings forefathers were contented with the Crown of Scotland It grieves the Scots to see themselvs involved in war about a quarrel that doth not concern them but only for the Kings sake who by Pr. Rupert and by other Pyratical ships and other ways plaguing and provoking the English did force them at last to fall with an Army into Scotland for to prevent that Kings falling into England Even so did the great Gustave of Sweden he came with an Army into Prussia and forced the King of Poland his Cousen to
Natural reason IV. The Laws of all Nations V. The constitutions particularly of the Kingdome of England who above all other people most obsequiously and affectionately regard and reverence their Kings as in those maxims of their Law Rex non moritur Rex nulli facit injuriam c. VI. The Judgement of all Casuists VII Their Oaths of Fealty Supremacy and Allegiance repeated particularly at the admission of every Member into the House of Commons their Protestation their Covenant their Solemn League and Covenant and an hundred Declarations besides the Pulique Faith of the Kingdom of England solemnly given to the Commissioners of the Kingdom of Scotland upon their receiving his Majestie at New-Castle in all which they professed to the world that they would maintain and preserve with their lives and Estates the Kings Person Honor Rights and Royal Posterity II. Or shall we rest satisfied in the Sophistry of those Sectaries who out of Christs answer to the subtil question of the Herodians and Pharisees if it were lawfull to give tribute to Cesar answered ostendite mihi numisma cujus habet imaginem inferre that fide implicitâ the party now in England is to be acknowledged without any further enquiry or examination since our Saviours answer speaks nothing for their advantage But on the contrary his commanding Tribute to be given to Cesar whom the Jewes formerly acknowledged to be their King confirmeth and establisheth lawfull power and consequently condemneth sedition and rebellion else David should have submitted unto and acquiessed in the usurped power of Absolom who was possessed of all the land even unto Iordan and carried away all Israel after him and Solomon in the power of Adonijah Iehoiada in Athalia's and the Machabees in the power of Antiochus Epiphanes the grand enemy of the Iews yea the Estates of the United Provinces should have then obeyed the force of the Duke of Alva who by the emblem of his Statue formerly set up in Antwerp did signifie that he had invested himself with the absolute power It is well said by one of the Ancients Omnis potestas est à Deo sed acquisitio potestatis furto raepina incendio aut perduellione non est à Deo sed ab hominum affectibus Satanae malitiâ III. Or may we suffer our selves to be abused by the examples and presidents which the said Sectaries alledg of the Kings Edward the second and Richard the second who by reason of their incapacity were forced to resigne their Crowns the one to his son the other to his Competitor King Henry the fourth but neither of them to an inconsiderable small remainder of an house of Commons or the People Onely in a full Parliament both their resignations were confirmed and neither executed but were alway afterwards honorably entertained yea one Roger Mortimer which is worth the observing the chief Author and actor in deposing of Edward the second and Crowning his son Edward the third in his fathers place according to which President his Majesty Charls the second ought by these to have been Crowned was by a Parliament four years after together with his fellow-murtherers condemned as a Traytor and enemy to the King and Kingdome because he killed the said deposed King in Berkley Castle Besides the now prevailing Party by Solemn Protestations did publish and declare to all the world that they did not intend to follow those accursed Presidents although they should suffer never so much by the King and his Party Exact Collect. p. 69. IV. Should we not rather deeply apprehend and with fear look upon those exemplary punishments inflicted upon perjury and Covenant-breaking in Gods holy word as may be seen to omit others in the person of Saul who together with his posterity as also the whole Kingdome of Israel was so severely punished because he destroyed the Gibeonits against the Covenant made with Joshua above 200 years before notwithstanding they procured the same deceitfully As likewise in the History of England and other Kingdoms many pregnant examples to that purpose might be alleadged particularly that of William Thorpe Chief Justice of the Kings Bench in that Realm who for taking a bribe of 80 pounds Sterling was put to death and all his goods confiscated to the Kings use in regard that in so doing he violated the Oath of a Judge as the words run Quod Sacramentum Domini Regis quod erga populum habuit custodiendum fregit malitiose falso rebelliter Parl. 23. Edw. 3d. An Answer to their Memorials .. THe Memorials I pass over as monstrous and which by inevitable consequence not onely tend to cut off all Treaties and alliances betwixt the Kings Majesty and this State and all commerce with his loyal and faithfull Subjects but likewise in some cases to the not suffering of them to dwel or reside in these parts A demand which is against the band of common society amongst men the Soveraignty of the united Provinces and Liberty of the same which have ever been a Sanctuary for honest men and a receptacle of all Nations whatsoever In a word such quale victor victo dare non socius socium rogare solet The cruelty of Tiberius Nero Domitian and others hath for the most part been confined within the walls of Rome or the borders of Italy without persecuting their opposers in a strange land as an omnibus umbra locis adero Concerning the thirty six Articles of the Treaty The thirty six Articles evidently bend I. TO hinder his Majesties Just Right and Restitution to his hereditary Crown and Kingdom of England II. To involve the High and Mighty States Generall in a Labyrinth and great inconveniencies who at present have no enemy III. To encourage and strengthen the Kings irreconcilable enemies and Rebels as the 4 5 6 and 31 Articles doe import IV. Against the forementioned resolutions of the High and Mighty States in the year 1642 concerning the keeping a Neutrality betwixt his Majesties Father of blessed memory and his Parliament of England namely those of the 1 of November and 30 of December 1642 and the 6 of November 1648. V. Against a Declaration and Protestation of the Noble and Mighty States of Holland and West-Friesland dated the 6 of November 1649 to the same purpose VI. Against all former Treaties and Alliances betwixt his Majesties Royall Predecessors and this State As amongst others that of the 14 of February 1593 likewise consisting of 36 Articles betwixt King Henry the 7 of England his Heirs and Successors made in his name and by his Authority as the words of the said Treaty do bear and Philip Arch Duke of Austria and Duke of Burgundy which binde and obliege to this very day divers of the United Provinces and the chief Members and Towns thereof to assist the said King Henry the 7 and his Heirs which unquestionably pleadeth for my Master Charls the second he being the sixth from him in descent in linea recta and to afford them all favour and
in this acknowledging possession a sufficient ground for us to send as for themselves to receive our Ambassadors The acknowledgements given us likewise by the Ambassadors and Agents of Spain Portugal Venice Florence and Genoa do declare the same How then comes it to passe that the name of a King of Great Britain hath been so rife among the Provinces when they know the young Scot is so farre from having a Foot in the Noblest part of Britain England that he is in a manner outed too in Scotland What face too but that a Scot can face any thing had this Scot to deny our Embassadours the name of English Embassadours and dubbe himself with a Title including a Right to England where his Master is never like to take the Air again if he have his due unlesse it be upon a Scaffold But well may hee own the Title when some of the Dutch have been so forward to give it yea and under that name doe more then give him Audience in their great Assembly Though they have many Bodies of Supremacy in the Netherlands yet we can acknowledge but one Supream in England which is the Parliament who being seated with full Power in the Peoples Right can admit of no Competitor nor permit any other Nation to impose one upon them or dispute their Title but have reason to expect the same acknowledgements that ever have been given to all Supream Powers in possession according to the Custom of Nations which if any Nation shall deny or take occasion to prevaricate in this point they may in time understand that England established in this new Form stands fully possest not only by Right of Warre but also according to the Right of Nature and the ancient Laws and Customes of the Nation being eminently adorned with all the Rights and Priviledges of the People And that she may now have as great abilities as ever to assert her own Independency upon other Powers and make her self as considerable either in enmity or friendship as the proudest of her enemies CHAP. III. That Contracts and Alliances made betwixt States and Princes doe not relate singly and personally to themselves but are made Jure Populi in the behalf and for the benefit of the People VVHere as it hath been alledged by the Resident of the King of Scots that the ancient and successive Contracts and Friendships betwixt England and the Vnited Provinces were made between them and the successive Kings of England and not with England otherwise considered wherby he seems to affirm that the validity of such Contracts depends upon and expires with the persons of the Kings of England or with the Kingly Government excluding the interest of the People from being Principal in them therfore it cannot be inexpedient in that point to manifest the ignorance of this Scot with the absurdity of his Pretence which so highly reflects upon the Majesty and main Concernments of the People For without question it is to be understood that as all the acts of Government ought to tend so Governours themselves by what names on titles soever they be called are erected and intended only for the behalf and benefit of the people Even Kings themselves notwithstanding all their flourishes can arrogate nothing to their Persons or Families separate from the Peoples Interest For a King is no more but a Creature of the People by them created for their good He is their servant for which they give him a Salary or Revenue adorning him with splendid Titles of Majesty and with all the Immunities Priviledges and Prerogatives of Government which are no way inherent in his own Person or Family but Ornaments bestowed upon him as the Peoples Livery in reward of his service The truth of this very evidently appears in the Coronation-solemnities of Kings which all the world over are the same in substance and here in England the custome was thus First the agreement was made between the people and him that was to be entertained as their King he was made acquainted with the work and service of the Commonwealth which was to regulate himselfe and his Charge according to such Lawes that is such Rules and Direction as were or should be appointed by the people and for the true performance of this an Oath was given him Then the peoples consent being asked and had which in old time here was wont to be demanded thrice he was immediatly taken into the service and his Livery given him viz. The Royall Robes the Sword the Ring the Scepter and the Crown This hath been the manner of admission in England most solemnly performed in receiving all the Kings and Queens from the days of Edward the Confessor and long before So that you see the relation wherein a King stands to the Commonwealth or Kingdom is the same with that of a Servant to his Master onely here is the difference betwixt Kings and privat Servants That those publick honorary Servants having great honour confer'd upon them by the service are necessitated to maintain a large retinue and hold many in pension and imployment for which purpose they are allowed an extraordinary proportion of wages for their pains and expence in the performance of their duty with a surplusage of Subsidies or Supplies many times upon emergent occasions of necessity This will further appeare if we consider that Kings hold not the possession of a Kingdom by the same right as privat men doe their patrimonies But yet it is not meant as if Kings might not have possessions as other men have for that is allowable and hath been known here in England as may be seen in the time of Henry the fourth who from the Title of Duke of Lancaster arriving to that of a King enjoyed still an inheritance in his own rights as Duke of Lancaster distinct from that of the Crown and fearing the return of Lex talionis upon himself and Family that as he had dispossessed others of the Kingdom so his heirs might in time be dispossessed again therefore out of a prudent forecast he so ordered the matter as to keep the Revenues of his Dutchie entire and setled them in such a way as might preserve them distinct from those of the Crown that in case any new Turn should happen his posterity might if they lost the Kingship know where to lay claim unto their ancient Patrimony So then we doe not deny but Kings may have possessions of their own as well as other men by inheritance or purchase but those which they hold in the right of the Kingdom or Kingship are none of their own The Patrimony of the Publick Exchequer is one thing that of the Prince another Henry the fourth held the Dutchy of Lancaster as he was Henry but the revenues of the Crown as he was the King or publick servant of the Kingdom not out of any peculiar propriety that he had in them Nor can it in reason be imagined that Kings should have any thing of Propri●ty in what
proclaimed at Court in their Sermons that All was the Kings no man had any propriety in what he possessed so that the lesse credit is to be given to the Declaration of those pious Ministers as they are called against the Parliament whose partiall testimony is so much applauded by the Resident of Scotland Did Philip of Spain endeavour through his Agent D'Alva to settle his Tyrannies over the Provinces by force of Arms so did the late Tyrant Charls in England first plot a war and then set up his Standard and put the Parliament upon the Defensive as appears by the whole Series of his Councels and Actions whereto more credit is to be given than to his Posthume Book of Meditations which the Resident hath quoted with more affection than discretion Lastly are our Proceedings in England distasted by some of our neighbours through the malice and mis-representation of our English Fugitives So were those of the Hollanders through the malicious subtilty of the Spanish Agents and Ministers who laboured to incense all Christendom and draw the world about their ears till Forain Princes came to have a right understanding of the business So that you see Master Resident might have spared his Milk and Ink too for nec Ovum ovo similius one Egge cannot more exactly resemble another than the case of England in all particulars doth that of Holland in the manner of acquiring our Liberties and Freedoms Now he rails at our judging and beheading the late King and banishing his Family calling it abominable violence and such as the like was never heard of since the beginning of the world Therfore to rectifie the ignorance and malice of himself and his deluded party in this particular some few Instances and Examples shall be here inserted to shew it is no new thing that Kings have been and may be deprived or punished with death for their crimes in Government We read of Amon King of Judah that was slain by a part of the people because he walked not in the way of the Lord and though another part of the people were angry at it and avenged his death upon those that did it yet without question the execution was just according to the Law of God which was without respect of persons that the Idolater should die the death and no doubt the punishment had been inflicted by a Judicial Process had not so great a party of the people been addicted to his ways opposed it which opposition of their is usually the cause in all cases of this nature why Kings are not to be attached as well as other M●●efactors by an ordinary course of Justice Consider Ahab likewise who though he were taken off himself by divine Justice in the battel at Ramoth-Gilead and so escaped punishment by man for his idolatry and cruelty yet it was executed afterward to the full by John upon his Queen and the whole Family who were utterly rooted out and a blessing annexed to him and his heirs that performed the execution But some may say this fact was extraordinary being done by immediate command from God and so not fit for ordinary imitation Yet for Answer it is sufficient I say that it had a Legal ground viz. the ground of Gods ordinary judgement which commanded that all offendors of the same nature should die the death Gods extraordinary command being superadded to his ordinary Law doth as to us rather confirm then weaken the equity and justice of such a proceeding In like manner we read that the whole people took Amaziah King of Judah and slew him for his idolatry whether they did it by a way of Judicial process or not is not material but done it was and if it were done without process then much more are they to he justified that have the courage to imitate such noble acts of Justice by a solemn and serious proceeding The like had been executed upon Joas the father of Amaziah by a part of the people for his Murther and Apostacy Profane stories both ancient and modern are full likewise to the purpose Romultes the first King of Rome was for his tyranny cut in pieces by the Senate and Tarquin their last King was with his whole family cashiered the form of Government changed by the same power and upon the same occasion Many years after Nero the Roman Emperour was sentenced to death by the Senate which was not primum damnati Principis exemplum as the Resident alledges out of Suetonius The Senate being afterward in time cowed down by Heliogabalus their Emperour so that they could not take the ordinary course with him used means by corrupting the soldiery upon whose strength he depended to put him to death The two famous changes made in the Royal line of France depend upon two such noble pieces of Justice executed upon their Kings the first upon Childerick the third King of France who being judicially deposed by the Nobility and Clergy in Parliament the succession was then cut off from the family of Pharamond and confirmed to the race of Pepin till Charls of Lorrain the last of Pepin's race was in the like manner chastised by Parliament and the Crown translated to the successors of Hugh Capet who hold the same to this day though two of them likewise viz. Lewis the third and Charles le Gross have been judicially proceeded against in Parliament And though the people were so tender towards them as not to put them to death yet they were buried alive being mued up within the melancholy walls of some Monastery or else closely confined within the Castle of Orleans In Spain too we read of Suintila Don Alonson the eleventh and Don Pedro judicially proceeded against the first by the fourth National Councel of Toleao the second by publick Act of the Estates of the Realm in the Town of Validolid the third by the Estates of Castile all for their Tyrannical Government The like proceeding also was had against Don Sancho the second of Portugal also against Henry of Poland that was King of France Henry of Swethland Christiern of Denmark and Wenceslaus of Bohemia as also Edward the second and Richard the second of England These last are mentioned by the Resident himself but that which he mainly insists upon is that neither Christiern Wenceslaus Edward nor Richard were beheaded upon a Scaffold as was the late Tyrant Charls However it is sufficient they were judged more worthy of a Scaffold than the Throne and therefore it must needs be more honourable after the late Heroick Example of England that the Judgements of God should be executed in publick before all the world than that they should be stiffled in a Dungeon or the Majesty of them be less'ned by paltry private Assassinations or poisonings acted upon Royall Tyrants and Offenders Even the practise of Scotland it self will furnish us with Examples enough of this nature where no less than fifty of their Kings have been punished with death and the greatest part of