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 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 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 where-ever 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 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
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 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. 1.3 d. 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 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. 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 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 Vnivocal 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
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 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 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 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 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 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 Vsage 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 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 't is 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
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 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. 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 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 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
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 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 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. 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 al 's 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 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
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 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 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 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 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
†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 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 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 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 Jugurâ—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 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 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 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 't is 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 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
and that aggravated when the Persons were Military men that Zonoras discoursing of 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 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 't is 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 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 't is 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 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
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 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 't is 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. 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 't is 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 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 some think with