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
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
he acted as a Lawyer and an Advocate and so could not be charg'd with those Consequences that attended his Vocation no more than the King's Council in Criminal Causes can be said to kill a Man whom the Law Condemns or the Advocate in Scotland to Persecute Dr. Burnett because it is he that Complains of him in the Citation However Imprison'd as he was he makes his Escape gets over into Flanders is naturaliz'd resides at Antwerp acts by special Commission under the Governour but being reported here to have animated Spain to some Hostilities against England as our Dr. does the Dutch to * Vid. 1 par of Refl p. 5. resentment of Injurys which signifies the same this by the Laws of Queen * 13 Eliz. Dyer 298. Elizabeth her self being adjudged High Treason and this having been Cardinal * Vid. 3 Inst c. 1. In Angliâ sparsum est semen ut vix â Turcico c. Pool's Case who was accus'd for encouraging the Emperour to invade his own Country by writing of Books that made the King almost as ill as the Turk or as our Author expresses it in his * Vid. Six Papers upon our Kings Absolute Power by the * Bow-strings of Turkey and the Mahometan Government These things though acted beyond Seas being in her Reign adjudged Treasonable as appear'd in the Case of Patrick O Cullen an Irish Man for a Treason at Brussels and our Author cannot with Justice Hill 36 Eliz. reflect upon any Resolutions in her Reign only cause they justifie against him the Proceedings of the present People then having these sort of Judgments and Apprehensions of Dr. Story 's Case in the Matters that our Dr. Burnett now disputes in his own they contriv'd this Plot that one Mr. Parker should set Sail for Antwerp being a Merchant and by some means or other says Fox bring over this Doctor into England and that is as I humbly conceive to seise on him there Vid. Vind. p. 4. in what manner soever Parker repairs to Antwerp and Fox Acts and Monuments pag. 21 52. Lond. Edit 1583. as our Author phrases it suborned some Persons to lie so far for the matter though it cannot be believed that they had any dispensation for it as to signifie to him there was prohibited Books aboard in the Ship into which when they had Deluded the Doctor they as soon set Sail with him for England where by the way I cannot but observe that this Celebrated Martyrologist calls him Traytor and Rebel even before he was Try'd but to his Tryal he was brought and there as I formerly represented pleaded his * Vid. Dr. Bs. first Letter to my Lord Mid. Allegiance translated from her Majesty to the Soveraignty of the King of Spain and that for seven years ago that he was his Sworn Subject * Vid. Baker's Chron. p. 349. Dyer p. 298. 300. and therefore as he well deserved says this Book of Martyrs he was Condemn'd as a Traytor to God the Queens Majesty and the Realm and as says another Author because all his Pleadings were over-rul'd per form of Nihil Dicit the Judges resolving as I recited in the former Treatise that no man can renounce the Country wherein he was born or abjure his Prince at his own Pleasure and with this agrees expresly the Civil Law as hereafter shall be shown The barborousness of whose Execution being cut up alive and in his Anguish after dismembring striking the Executioner must be more Condemn'd than the Process against him and cannot be excus'd by such an Author 's outragious Zeal in terming him a Bloody Nimrod Tyrant and a Persecuter and to make the Parallel between the two Doctors more plain the Encouraging and promoting an Invasion of her Majesty's Kingdom was laid to Story 's charge too and adjudg'd High Treason upon a Solemn Debate of the Judges * Vid. Dyer fol. 299. I cannot find that Spain though otherwise sufficiently incens'd against the Queen for the Countenance and assistance she gave to the Disturbers of his State ever made this seising of a Naturaliz'd Criminal even in time of Peace any Article for the Justifying of a War or so much as complain'd against it as a Breach of the Laws of Nations and why Because it was never then disputed but by the Kings Laws every one of his Subjects was warranted to surprise or to seize on him there in any manner whatsoever Our Author must make himself more Ignorant in History than he would make our Envoy in the French Tongue if these sort of Proceedings never occurr'd to him in his reading but because we are apt to forget such Passages as may chance to displease us in their application I hope to make it appear without being reproacht for foul Language or less respectful to that reverend Character he bears then himself has been to that Honourable Person that represents his Majesty that the Dr. has not taken the pains rightly to inform himself in this matter and refresh his * Vid. Vind. p. 3. Memory with an Instance or two more * Vid. Heath's Chron. 62. part 4. Corbet Okey and Barkstead some of the Regicides upon the Restoration of the late King and some that were excepted out of the Act of Oblivion for being Men eminently concern'd in that Execrable Murder were in the Province of Holland at Delph and other places seiz'd by Sir G. Downing the King's Minister and the Assistance of the Dutch themselves with the order of the States and by the Marshal of the Town The seizing the P. of Furstemburg and now Cardinal in a free Town tho' an Imperial City in the service of the French was justified by these Dutch †Vid. Their own Netherland Historian because he being a natural born Subject of the Emperor's he was found undermining of his Government And that which is fresher in our Memories and with which I had refresh'd our Authors in the former Treatise is the Case of Sir Thomas Armstrong when he lay under the same Circumstances being Outlaw'd for Treason which in England is the same with the Scots Letters of Horning and I think somewhat more than a Writ of Rebellion out of Chancery This Gentleman by the Procurement of His Majesty's Envoy then residing at Anno 1683 / 4. the Hague and the help of his own Servants with the assistance of some of the Officers of the Town in which he was taken was seiz'd at Leyden sent over into England and by a Rule of Court order'd to be executed as is usual where the Outlawry is not allow'd to be revers'd And I know Dr. B. remembers this so well that he has past an Invidious Reflection for it both on our Government and Mr. * Vid. Continuation of Reflection p. 59 55. Varillas tho' he is forc'd to grant even where he would willingly make this Proceeding against the Knight but a sort of Judicial Murder That the Condemning Men in Absence
the King could have no Justice only because they kept more in Reserve than the Dr's Society or the deepest Jesuit i. e. to do him the greatest Injury Time has shewn us now as our ‖ Vid. Reflect on Parl. pac part 1. p. 5. Author was pleased to tell us some time since not only the unjust Resentments of these States but the false Pretences they made of their being Ready to do His Majesty Justice and so verify'd a fortiori that my just Accusation which our Adversary was so sollicitous they should Resent And Those Vid. His Refl part 1. that never dealt yet so fairly with Princes have now shewn themselves more fair in a superfluous Faith to one that put himself upon them for a Vassal SECT VII AND now in the next place to come to what concerns Fugitives the Articles of Peace agreed on between this Crown and their State. * Vid. Vind. of himself p. 4. Fugitive Criminals and their Protection has been often and was ever of old much controverted between Soveraign Princes and States and so far did the Romans once invade the Power of Protection that they procur'd the delivering of Hannibal by the King of Bythinia tho' he was only the noblest of their Enemies and ow'd not the least Subjection to Rome whose Favour he defied as well as often had defeated their Force This was indeed a Reproach to Prusias as Sir Walter * History of the World l. 5. c. 6. Sect. 2. Raleigh says upon whom Flaminius an Ambassador from the Romans had prevailed that it made him unworthy of the Crown he wore Which Protection as Grotius observes is due to the Oppressed tho' not to Wilful Malefactors and in the Case of a defeated De Jure Bell. Pacis Enemy cannot be pretended unlawful unless by the express Articles of a League and if in that case it shall extend to an open Enemy it will a fortiori to the Subjects of either State that were in such an Alliance and with a more superlative reason to such as owe a natural Allegiance to their Native Prince and only a Temporal Obedience to that State wherein they live This Local Subjection my Lord Coke will allow to be 3d. Inst c. 1. due from Aliens so that during their stay there their Allegiance is as much translated to the Forreign State as it can be done by the Act of Naturalization or our Author can pretend to for the Naturalizing Forreigners may impower them to greater Priviledges in the place wherein they live as does our Denization too but can never make them less Subjects to their natural Lord to whom as Natives they belong For when Grotius * De Jure Bell. Pac. lib. 1. cap. 3. observes that no Confederate has a right directly to apprehend and punish the Subjects of another Confederate and instances in Decius who when bound by Hannibal was upon pleading it set at Liberty He is there only to be understood of such Subjects as are natural born Subjects and Natives and not made so by a formality of Law And yet this Author that is favourable enough in the Point is of opinion too That if a Native should act any thing against an express Article agreed on between a neighbouring Nation with whom they are in League the King or State are oblig'd either to punish or deliver up the Offender to the Persons injur'd And since our Author makes his * Vid. Vind. p. 3. Marriage such a Warrant from Solon's Laws for his Naturalization that same Law-giver I must tell him would not admit any Strangers to be enroll'd among his Citizens unless they were banisht out of their own Country for ever such whom their Country did renounce and not those that renounce their Country And tho' this Marriage might have given him some ground for his being naturaliz'd I hope it gave no Colour for the translating his Allegiance or else it would sound a little Unlucky that his being Married in another Country should occasion his being Horned in his own But then in the Case of Rebels and Fugitives we Vind. of himself p 4. shall find agen a vaster difference than in all the rest By the natural Law as well as the municipal ones of the Land the King has a Right to the Service of * Vid. 11 Hen. 7. c 1. Vid. Calvin's Case K. Jam. all his Subjects can command their return or removal from or to any place abroad and nothing has been more frequently practised and they refusing to do this which has been as often obey'd both by whole Bodies and Societies of Merchants as once in the Hamburgh Company to Stode and some others tho' but as single Persons has been always adjudg'd Rebellious and is indeed so by all Law even where no such criminal matter as High Treason and the refusal to appear does make the Offender so Now though our Author went out of Scotland fourteen Years ago and Vid. id p. 4. left England by the King's Leave yet if upon His Command he does not return I humbly conceive that truly in a Legal sense he may be stiled Rebellious and a Fugitive though there was no Crime that stain'd him deeper with that Appellation or gave him more occasion for his Contumacy and Flight for the flying from Justice after the expiration of the term of Appearance is that which makes him a Fugitive tho' he departed the Realm with all the solemn Leave and Permission imaginable So that the second Memorial of the Marquess was founded upon as much Reason and upon which this Author would as vainly fix as much Absurdity where I too cannot but take notice Vid. ib. Vid. 1 Lett. to my Lord M. Vid. 2d Lett. how he labours to make that an Inconsistency in the Memorials which he endeavours to reconcile in all his Writings viz. That of being the Subject of the States and yet to be punisht as the King 's Subject for to them he is willing to be thought but a Temporal Subject and yet at the same time to retain for His Majesty as his Natural Lord all Duty imaginable And I must confess had not his unhappy Expression of translated Allegiance been Treason by the Law of Scotland and which the English ones too say cannot be by such an * Coke 7 Rep. fol. 90. Dyer fol. 300. Also Dr. Story 's Case ut Supra 13 Eliz. Abjuration transferr'd he had not pronounced himself a Rebel and a Fugitive under his own hand and by his Letters to the Secretary before those of Horning were issued out of Scotland the most favourable Construction that could have been put upon it was did not his Malice against His Majesty and His Government betray'd by his Reflections since prevent an excusing it That his professing so much Divinity and the defence of the Gospel had hindered or excused him from the discovering how deeply his unalterable Allegiance was founded by the Law. The Celebrated Case
†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
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