IT is not without great cause, nor without great consideration, that we make this ad­dresse to your Lordships; we have been alwayes very unwilling to give you the trouble, much less the offence of any thing that concerns us, further then the Publique Liberty you have professed to maintaine, (and which [Page 4] we think and alwaies judged to be the Basis and surest foundation of this happy and famous State and Commonwealth) did license and indulge us.

We cannot but remember those inducements in our selves, that we say not invitation from the Custome, and Practise and Lawes of these Pro­vinces, that drew us to take up and fix our Resi­dence here; and we cannot but with all thank­fullnesse of mind as to our particulars, acknow­ledge the benefits and favours besides the Com­mon protection we have received in this place of our sojourning, by which the sorrows & difficul­ties which attend people Exiled, or otherwayes compelled to Abandon their beloved Native Countries, have been greatly alleviated and lessened to us, if not wholly Abated and Re­moved.

Nor shall we ever be wanting in all Humble, Dutiful and Civil Demeanour, in a peaceable and orderly subjection to the Magistracy set over us (though falsely traduced by our Adversaries, as if our Principles were enmity against all Govern­ment) to testifie our gratitude to your Lordships, whose Glorious and just Dominion we esteem as raised by God to this Greatnesse, as having been the Asylum and Sanctuary of his afflicted and persecuted Churches:

But amidst these Gratulations we crave your pardon my Lords, while we declare our senti­ments of a late state occurrence, which seems in many circumstances thereof not obliquely to [Page 5] point at our Condition, and to endanger the en­joyment of those priviledges and immunities which have hitherto been so carefully and invio­lably preserved towards all Forraigners. The matter is this:

We understand that some English Exiles comming down out of Germany into this Pro­vince of Holland, as a more convenient refuge and shelter, or rather drawn hither as to a snare and trap, for the near conveyance of it as to their reshipping again for England, were seized on at Delfe, by Sir George Downing the Resident of the King of Great Brittain, by a warrant from your Lordships, and secured for a while in the Prison of that City, where offendors against your Laws are usually and onely ought to be kept and de­tained.

We shall not meddle with the Conditions of those persons, nor the quality of their Crimes, which as they are not cognisable before your Lordships, will so much the lesse concern us to take notice of; Onely thus far we desire to take this fair advantage and opportunity of declaring our Abhorrance & Detestation of that Monstrous and Unparalleld Fact, whereby the Life of that Pious and Excellent Prince King CHARLES the First of Great Brittain was so Traiterously and Barbarously taken away by some wicked Regi­cides in that Kingdome, to the great scandal and Infamy of the reformed Churches throughout Christendome, and more peculiarly imputed to those of our Profession and perswasion.

[Page 6] Every Circumstance of that impious Fact we do from our heart disclaime, and with fear and trembling admire and adore the Divine Justice in overtaking that wickednesse, and heaping the bloud spilt by those men upon their own heads, by a miraculous restitution of the Son of that bles­sed Prince to the Throne of his Ancestors; the extent of whose merciful disposition is justly obstructed and impeded towards those Persons.

But that which we have to lay before your Lordships, is the naked and abstracted condition of these men (as Forraigners and as they relate to us) from any English Charge or Guilt whatsoe­ver, of which as before, we said your Lordships are not competent Judges, and indeed no Judges at all; & therefore quo jure or in what in latitude of equity, could your Lordships first appre­hend them by your Order and by your Officer, then secure them in your Prison; and lastly without cause shown or compeering them, deli­ver them into the hands of the English to be sent home to their Tryall and Condemna­tion is our scruple.

In the Articles of the Union of these Confede­rate Provinces, there is expresse caution against any such Deliveries, nothing is more frequent in all the Records, Registers, and Acts of the se­veral Treaties, Dyets, and General Councils, which we forbear to recite because they are nu­merous and most evident: nor shall we mention the reasons of those Lawes and Decrees because they are as obvious. But so strict has the obser­vation [Page 7] of them been, that an Offender in one of these Provinces escaping into another, hath thereby avoided the penalty of the Law, and un­lesse for great capital crimes never was remitted to the place of his Fact.

We shall forbear to name how from (talibus ini­tiis Roma crevit) from such beginnings (the con­flux of all sort of loose people,) great Rome pre­sently rose unto her Empire, because it may seem a calumny of this State, and by our Enemies be reflected on our selves: But this is most certain, that no small additaments of wealth and power, have accrued to the Netherlands, since it hath been the common receptacle of all Nations, by whose joynt Arts and Manufactures as well as Arms they have improved themselves to this pu­issant Grandeur. Nor is there any Precedent or Example of this Nature that occurs to us in all your Histories. The incomparably Learned Hugo Grotius, the Honour of this Country and best Judge in this case, though he seems to encline to the denying of subterfuge to notorious and hain­ous offenders, yet hath he an expedient for them, which we thought fit to reduce to your Lord­ships Memory. ‘Such then are to be punisht or yielded, or removed at least; so the Cymaei in Herodotus when they neither would deliver Pa­ctyes the Persian, nor durst retain him, permitted him to depart to Mitylene. Perseus King of Mace­don in his defence to Martius speaking of those that were said to have conspir'd against Eumenes; Livy lib. 22. Lib. 37. So soon as, being admonisht by you, I found the men [Page 8] in Macedonia, I commanded them away, and charged them never to returne into my Do­minions. The Samothracians declared to Evander who had lyen in weight for Eumenes, that he should quit the Temple: so Rudolphus the Em­perour removed from him Christopher Sbovius. And Queen Elizabeth of England answered the Scots, that she would either render Earl Bothwel or send him out of England. But this right of requiring to punishment them that had fled their Country in these last Ages in most part of Europe, is used only in those crimes w ^ch do touch the publique State, or are of a very hainous na­ture, and unlesse in the Conditions of the League, it be so provided, and a more close agreement made. That of the English with the French ap­pointed rebels and Fugitives to be yielded; with the Burgundians to be expelled.’

So it appears that the League with this State, being the half of that Dutchy of Burgundy directs expulsion: & we remember very well, that in the Treaty this State made with Oliver Cromwell soon after those Naval Fights, 1654. the most prest Article by him, as mainly conducing to his secu­rity in the Usurpation, was, that if any of the Enemies of the Commonwealth of England (who they were then reputed and taken to be, we list not nor is it to our purpose to mention) should come into those Provinces, the States were enjoyned upon notice and discovery of their being there, to warn them to depart within fourteen dayes out of any of their Territories, [Page 9] under penalty of being taken and delivered to the English. And this was reciprocal on both sides, but was carefully observed here to the no little scandal and obloquy upon this State who shewed no more respect to the interest of his il­lustrious Highnesse the Prince of Aurange, the English Royalists departing at the prefixed Time.

To say that these men are Hostés Humani Gene­ris, publique Enemies of mankind, in that they have violated all Lawes both Divine and Hu­mane, is some i [...]entive to incompassion, but no rule of Justice. For first they should have been declared so in these Provinces, as is usual to­wards Pyrates, who yet notwithstanding find in some Countries defence and safeguard; For the knowledge of the cause ought to proceed the dedi­tion and render of the criminal saith Grotius again. It is not meet to give up men untryed saith Plu­tarch in his Romulus. The King of Scotland in Cambden, Anno 1585. declared to Queen Eliza­beth that he would transmit Ferinharst and the Chancellour too, if they were convicted by a fair tryal, and not before, though their guilt was very apparent.

It may be objected that the Custome in ancient times was otherwise, deducing it from that story of the Benjaminites, who were required to deliver up those wicked men that had com­mitted that horrible villany on the Levites wife, Judges 20. we will not determine the matter as others doe by the successe: certainly it was for [Page 10] some reason of State why the Benjamites refused, as taking themselves to have the absolute power and command in their own Tribe; as is also now the practise in these Provinces; besides it fits not the present matter: that demand of dedition was for a crime committed in a place and jurisdiction where their power was the proper authority of judging and punishing it; this crime was com­mitted in a Forraign, and must be tryed and a­venged in that, Country. The Philistins also de­manded Sampson of the Israelites as an Evil doer, Judges 15. but we see what succeeds, it took not effect; besides the Philistines were then Lords over the Hebrews, who out of fear were constrai­ned to doe it as they give an Account of it to Sampson himself; Knowest thou not that the Phili­stines are rulers over us? what is this that thou hast done unto us? we are come down to bind thee that we may deliver thee into the hands of the Philistins: Moreover here was Sampsons own consent as a warrant to that action which wanted other then the fear and danger aforesaid; for he had done nothing but what was justifiable, ‘ Hostis Hostem occidere voluit, as he saith himself, as they did, unto me so have they done unto them.’ So that there is a great disparity in the case, and which your Lordships would in no wise admit in any circumstance thereof, as owning no subjection or dependance on the Crown of England.

And if we might interest our selves and lay claim to the reputation of these Provinces, we should think they suffered much in losse of Ho­nour [Page 11] by this Action. For we think with due submission to your wisdoms, that the world will take this for a great diminution of that Sove­raignty which you have so nobly asserted, since things of lesser moment, we conceive, have as prudentially and tenaciously been insisted on by you, and which were matters not so congenial to your Country Rights and Statutes as this case to us seems to be.

We could better expresse the matter indeed; if the Crown which is acknowledged the Defen­der of the Faith were not to be offended; which though some Shelterers here of that Nation of our way and Separation would offer, yet we as­sure your Lordships that we have no Commu­nion with them in that thing.

Indeed there is a Maxime among the Civilians that Ʋtilitas est mater justitiae & aequitatis; what justice or equity is in this matter will be shrewdly ghest whence it proceedeth. The advantages and reasons of State we confesse are too high a matter for our understanding, and the concerns of particular persons such as these mens too low for Statesmens consideration, where they interpose betwixt the Amity of Princes. And so we would acquiesce, not daring to wade in those mysteries of Government, though we cannot but be sensible of how great importance the English Friendship is to these Countries, the continuance whereof we do congratulate and shall daily pray for. But since poena & crimen ad paucos, terror ad omnes, the fear of this example [Page 12] reacheth us, though the crime and punishment (from which God hath and we hope will pre­serve us) but these few; we are bold to implore your Lordships wonted Protection and the Con­firmation of our Priviledges in our Liberty and Estates: desiring pardon if our fear hath transpor­ted us beyond our Duty (for in small matters and not criminal, this may chance to be drawn in imitation) which with the greatest affection ima­ginable, we professe to you as our Superiours and most benign Protectours.

We shall alwayes pray for the prosperity and happinesse of your High and Mighty Lordships, and the people of this Countrey under your obe­dience, hoping that in their peace we shall find peace; that what was once said in the praise of the Athenians, that they were a hiding place and comfort to all afflicted men every where, may be truly verified of the Hollanders to their everlasting Glory and Renown.