A FURTHER IUSTIFICATION OF THE PRESENT WAR AGAINST THE United Netherlands.

Illustrated with several SCULPTURES.

By Henry Stubbe, a lover of the Honour and Wel­fare of old ENGLAND.

Everard. Reidan. Annal. Belgic. lib. 17. A. D. 1600. Decretum Ord. General. advers. Groninganos. Quod ad pactiones & foedus toties ruptum provocarent, absurdum nec audiendum, neque vitio Patribus vertendum esse quod securitati rerum suarum consu­lere velint.

LONDON, Printed for Henry Hills, and John Starkey, and are to be sold at the Sign of the Miter near Temple-Barr, in Fleetstreet, MDCLXXIII.

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The Contents of the Epistle to the READER.

THe Reason why this Treatise is called the Apology of the Parliamen­tarians.

The Insolence of the Dutch against the Parliamentarians in particular.

An account of the Loevesteine-faction; the powers of the State-holder, and Advocate of Holland.

A Relation of the folly of John de Wit in subverting the fundamental Go­vernment of the United Provinces.

The Contents of the Preface, unto the loyal Subjects of His Majesty.

  • THe necessity of writing the ensuing Treatise, for the full satisfaction of the King's Subjects, about the lawfulness of the present War. pag. 1
  • Several just and approved Causes of War, which yet His Majesty did not in­sist upon. p. 1, 2
  • A true and full account concerning the true grounds of this War, and how it was unavoidable on the part of His Majesty. p. 2, 3, 4, 5, 6, 7, 8, 9
  • Reasons why the League betwixt England and Holland was not endeavour­ed (nor ought) to be renewed, after its violation. p. 9, 10, 11, 12, 13, 14
  • What advise Q. Elizabeth would have suggested in the case. p. 15, 16, 17
  • Arguments against the Neutrality of England, during the War betwixt France and Holland. p. 17
  • Arguments for the English to combine with France. p. 17, 18, 19
  • Two Objections against the Alliance with France, urged by an unknown Ca­suist, and fully answered. p. 20, 21, 22, 23, 24, 25, 26
  • The regard which His Majesty still preserved for the security of Flanders, ac­cording to the Triple Alliance. p. 26, 27
  • The prudence of His Majesty in transacting the League with France with so much Secrecy. p. 27
  • The prudence with which His Majesty penned, and signed the Declaration for liberty of Conscience, March 15. 1671/2. The parallel proceedings of the primitive Christian Emperors, during the fourth Century. That 'tis the interest of the Church of England, that Liberty of Conscience be granted at present: [Page] That the Christian Church at first was setled by such contrivances as His Maje­sty now pursues: That His Majesty hath in that Declaration provided better for the security of the Church of England, than the antient Emperors did for Christianity in their times: And consequently, the Church of England is in no danger to be subverted by the present Indulgence. That the present Indul­gence is consonant to right reason of State, and not repugnant unto civil Policy, or likely to prove destructive to the Government. p. 27. unto p. 73
  • A confutation of some assertions relating unto the Dominion of the Sea, ten­dered to the Parliament in 1640. p. 76
  • Certain projects of Q. Elizabeth, whereby she advanced the Honour and Trade of England. p. 83
  • An Exhortation unto the English to be Unanimous and Couragious, notwith­standing the troublesom condition of Europe. p. 87

The Contents of the Apology.

  • THe Apology of those that were unhappily engaged in the service of the pretended Commonwealth, and O. Cromwell, for the King's Majesties Declaration and Proceedings against the United Provinces.
  • The Congratulation of the Parliamentarians for, and their brief vindication of the Declaration of March 15. 1671/2. p. 57
  • Though the Dutch were Protestants, yet this War is lawful. p. 58
  • The Right of the Flagge, a just cause of War with the Dutch; the demands of the Parliamentarians, and the Dutch concessions about it heretofore. p. 58. 59, 60, 61
  • The English Channel not the sole Brittish Sea. p. 61, 62
  • The demands of the Parliamentarians concerning the Fishing; the debate be­twixt them and the Dutch about the Right of England thereto. p. 62, 63, 64, 65, 66
  • The villanous composition made betwixt Oliver and the Dutch about the said Points, and against His Majesty. p. 66
  • The King's interest in the English Planters at Surinam affer [...]. p. 67
  • The Barbarity and Insolence of the Dutch towards the English in the East-Indies. p. 67, 68, 69
  • A parallel betwixt the indignities done to His Majesty, and those put upon the Parliamentarians formerly; the defence of the Parliamentarians for their Re­sentments thereof. p. 67, 70
  • The perfidiousness of the Dutch illustrated at large. p. 70, 71, 72, 73, 74, 75
  • [Page] An account of the Dutch Religion. p. 75, 76, 77
  • The Parliamentarians resolve that no secure peace can be made with the Hollanders, except they submit to a Coalition, or be reduced to an incapa­city of hurting England. p. 77, 78
  • An account of the Treaty betwixt the Parliamentarians and Hollanders.
  • The States of Holland and West-Friesland confess their errors in fighting against England. p. 78, 79
  • The Parliamentarians reply; and how they out-witted the Hollanders. p. 79, 80
  • The Parliamentarians refuse unto the States General the Title of High and Mighty; and they discontinue it. p. 80, 81
  • Hugh Peters intercedes for the Dutch; the voluntary proffers of the Dutch; they (amidst their solemn professions of Love unto the Rump) perswade Crom­well to depose them, and then cheat him. p. 81
  • The Council of State beats the Dutch, and makes them proceed by way of Humble Petition. p. 82, 83
  • The stark loving-kindness betwixt the Dutch and the Council; and their joint concern for the Glory of God. p. 84
  • The Council demands that the Dutch submit unto a Coalition; the recipro­cal Arguments about it. p. 84, 85, 86, 87, 88, 89, 90
  • The Dutch refuse all Coalition, and depart; the sense of the whole Nation, and particularly of the Fifth-Monarchists concerning them. p. 91, 92
  • The distressed condition of the Hollanders; their Petition and submissive Memorial unto the Fifth-Monarchists. p. 92, 93, 94, 95
  • The Dutch are hated and scorned. p. 96
  • Effectual projects to curb the insolence of the Dutch. p. 97
  • Cromwell's dissimulation with the Dutch. p. 97, 98
  • The Dutch temporise with the Commissioners. p. 98 9 [...]
  • A Preamble and draught of Articles tendered by the Commissioners. [...]. 99, 100. 101
  • The exceptions of the Dutch thereunto; their Papers slighted. p. 101, 102, 103, 104, 105, 106, 107, 108
  • The Dutch and English do again debate the point of Coalition. p. 108, 109, 110
  • The Dutch perswade Cromwell to discard the Fifth-Monarchists, and to assume the Government: their Promises and Submissions unto him. p. 110, 111
  • Cromwell betrays the English interest unto the Dutch; and yet is cheated [Page] by them several times before the Conclusion of the Treaty. p. 111. unto p. 117
  • Both Parties agree to omit the general concernment of Religion. p. 117
  • The Dutch observed not that Peace. ibid.
  • A large Memorial penned by the pretended Parliament of the Commonwealth of England, concerning the English Rights to the Flagge, Dominion of the Sea, and Fishery; with the Importance thereof. p. 118, &c.
  • A Relation concerning the passages of Amboyna; and how Cromwell con­nived at the Actors, contrary to his own Articles. p. 134, &c.

The Sculpture A. is to be placed before the Title-Page. B. page 3. C. D. page 124. E. page 134.

THere are several proofs in the Preface, and sometimes else­where, which the Printer for his convenience, hath placed together, whereas they relate to passages not opposite to them: but the inquisitive Reader will find that the citations in each page do fully prove the Text.

To the Reader.

Reader,

I Could not well discharge my promise concerning the publishing of the Speech of Mr. St. Johns at the Hague; the Copy which I had was so imperfect in names, places and Sums, mentioned and demanded, that I would not injure such a piece by exhibiting those frag­ments, and I have not been able by any industry to supply that deficiency. But I think I have sufficiently recompenced that omission by bringing to light the Narrative of the Treaty be­twixt England and the United Provinces in 1653. In which if it appear that Cromwel was not so wise as the world apprehen­ded him to be, nor so honest as some of his Partisans would now insinuate, who is to be blamed? It hath been observed that Usur­pers and Tyrants do always fix upon some particular Projects whereby to endear their Government to the people. Those subtle men who ruled in the Council of State and pretended Parlia­ment, did pursue those courses, and esteemed nothing more benefi­cial, just, and generous (great considerations with English Spi­rits) than to assert the Dominion of the Seas, the Rights of the Fishery, and to vindicate the English commerce thorough all parts of the world. They did rightly apprehend that the strength of this nation consisted in Naval forces; and the life thereof was Commerce: It is true that Trading furnisheth the Land with Riches, and Sea-men; but it is likewise certain, that [Page] the Trading can never be managed securely without a constant Naval force, wherein whosoever is most powerful, He becomes immediately master of the Seas and of Trade. Our Rich Commerce cannot be discontinued in time of war without so great prejudice, that I cannot reckon upon that navigation as a Seminary of Seamen: of our inferiour Commerce what have we but the Colliery, and Fishing of New-found land, which may be reckoned upon to the purpose aforesaid; and both of these yield us not a proportionable number of Seamen, to what the Dutch have; nor will they prove good Coasters, or half man our Ships, should we (as we cannot) even disfurnish our Colliers and Fishermen. It remains then that we must either retrive the Fishery (which is the grand Seminary of Mariners in the Uni­ted Provinces, and whereby they far exceed us) or abandon our selves to despair, poverty, and perhaps protection of our puissant neighbours. This that Council of State most prudent­ly foresaw, and therefore readily embraced that occasion of a war which the Treachery of the Hollanders did present them with: and you will here see that their opinion was, that there was no confidence to be put in any League or Union with those people, except they were united to us by a Coalition, or confined by very rigorous Articles, so as that they might never be Competitors with the English for strength, or re­nown. I thought the designs of his Majesty could not be better justified unto his enemies (if he have any such in England; which is but a Dutch ten [...]t) then by shewing that the intend­ments of the Court are the same with those of the Council of State, and those the most popular, advantageous, and neces­sary for this Nation in this juncture, that can be put in execu­tion. I call this Treatise an Apology of the Parlamentarians for His Majesties Declaration: Because it is extracted out of the Declaration and other papers printed, or Manuscript, which that party did pen in those times. I do value the writing up­on the certainty of the Allegations: I have followed the most authentick Memorials, and the best intelligence I could attain to; and particularly I must say of Leo ab Aitzma, that his cre­dit is equal to that of Mr. Rushworth in England; he negotiated for the Dutch here at that time, and transcribed His Book out [Page] of the Originals of Holland. The other Authors which I cite, are generally the best that have writ on those subjects, be they Historians, or Politicians. The marginal notes and proofs were all added by me, even in that eminent Memorial which is here added at the end; the which I was forced to alter much, that it might be compleat as it is. I had another motive to publish to M. Schoockius de imperio mari­timo c 30. urge [...]t apud ple [...]em cul­tum cujusdam di­vae, quae precis [...]as vocatur, cujus ma­ter est superstitio, [...] Hypo­c [...]sis, & nutri [...] Ambitio—Bipe­des Lupi, qui in­duerint pelles ovil­las, & impiis in­justis (que) suis armi [...] Biblia sociaverint. the world this Treatise as an Apology for that party, which may induce them to prize it: for the Dutch have proclaimed them in print to be the veriest Rogues the world did ever pro­duce, two-legged wolves, that carry sheep-skins on their backs, Bibles in their hands, and dissimulation in their hearts: a sort of men that worship a Deity called preciseness, the mother whereof was superstition, the God-mother Hypocrisie, and the Nurse ambition. They say the Parlamentarians were their Eleemosynati [...]s, that having got a vast Collection in the United Provinces A. D. 1644. for the relief of the Irish pro­testants, they turned it to their own use, ruined their king, Id i [...]td. c. 27. Ipsi enim armati nostris primo e­leemosynis (anno 1644 per has pro­vincias pro affli­ctis quasi Hibe [...]nis collectis) in suum regem &c. and then quarrelled with their Benefactors, and of ingrateful Alms-people, turn'd barbarous Pirates: that they neither shewed valour or conduct in that war, nor acted any thing that might eclipse the renown of the Dutch. That it was no wonder if six English men of war did take one Hollander; but that one Hollander with eight guns and two and twenty men should fight three Flag-ships of England for eight hours, and after that escape by running on ground, this is a miracu­lous fortitude: yet did this happen in September. Assist me, Gallant Fanaticks, but with the name of this Argo-naut, the year and the day; for my Author doth not: and consider with your selves to what degree of misery you are to bring an Hollan­der, that you may abate his insolence. I think you reduced them to a low condition; I think the Council of State did treat with them as they deserved, and in their Articles proposed nothing but what was reasonably to be domanded from Hollan­ders: But the villanous Ambition and solly of Cromwel did subject you to these abuses, and those that professed such implaca­ble love towards you during the Treaty, published these things after the Peace. Mingle then your concerns with those of His Majesty, and the Nation; revenge your own indignities as [Page] well as those of the King, Court, Parliament, and Realm; beat them a third time, that they may at length confess they were once well beaten. I need not to excite you by any greater examples then what Sr. John Harman and others of your friends continue to give you; and an English Spirit, whatsoever his perswasion be, needs no arguments to excite his valour, where indignities are offered. These are the same Enemies which the Parlamentarians did heretofore contend with, the Subject of the quarrel is the same, there is the same justice therein that was formerly, the Government is only varied to a Monarchy under which they possess their former Indulgence; It behoves them now to convince the Dutch by new atchievements, and redoubled fervour, that they were no less valiant, then fortunate; and to satisfie His Majestie that they are not factious, but deserve the favours they now enjoy.

I had forgot to tell the Reader one thing, which is, that the Dutch and English Memorials and Narratives, do differ in their dates, not only in the old and new Styles, but otherwise two, or three days; so that if any person should endeavour to in­validate this Treatise upon such trivial exceptions, I confess thus much, and desire any man, who can, to amend such mi­stakes, which are not much material to the grand controversies.

This ensuing Treatise was written long before the late revolu­tions in Holland and the death of the two brothers Cornelius and John deWit; and whatsoever therein doth reflect upon the treacherous designs and villany of the States general and Peo­ple, it is to be applyed unto the Lovestein faction, which hath always presided, directed and swayed in the Councils and De­terminations of the United Provinces, partly by Artifice and popular insinuations, partly by the interest of the Province of Holland. For the better understanding of this affair, it is re­quisite that I deduce the History of that faction from its first o­riginal, whereby it will appear that the English have just cause to detest the Memory thereof, and the Dutch good reason to im­pute thereunto the Odium, Infamy, and Calamities under which they at present suffer, and upon the sense whereof the Burghers of the Hague did so barbarously murther those two insolent criminals. John Olden Barnevelt was born at Amersfort [Page] in the Province of Utrecht; his Extraction was mean, but such his insinuation, so popular his address, so ready his wit, so great his prudence, so extraordinary his Learning in the Civil and Municipal Laws, Usages and Records of his Coun­trey, that, having spent several years at Lovain, in France, Ita­ly, Germany, and Switzerland, at his return the Province of Holland entertained an high respect for him, and He was much resorted unto, being one of the Advocates at the Hague: when the Count vander Marck had seized the Brill, and that the rest of Holland began generally to embrace the party of the Pr. of Orange, he was one of the three Advocates, who in the year 1572. first acknowledged the proscribed Prince to be the lawful Governour of Holland. He had no aversion for Popery; his wife was of that Religion. He contested with Leicester and the Protestant party in the Netherlands for an equal toleration of the Romanists &c. But he was so fierce an Enemy to the Roman Ecclesiasticks, that the Spaniards formed particular designs a­gainst him, who by his niceties in Law disturbed the civil pow­er, and animated the people unto those outrages whereby their Church, and Church-men were destroyed. Having signalized himself by this demeanour, he was chosen Councellor and Pensioner for the City of Roterdam A. D. 1576. The which office He executed with so much Zeal for the general liberties of his Countrey, and of Roterdam particularly; he so studiously caressed the Burgomasters and populace, so fervently did he per­swade his masters of Holland to seize upon all Church-lands, so vigilant was he that the Magistrates in each Province and City should preserve their Soveraignty over the Protestant Cler­gy, (by placing and displacing them at pleasure, and confining them to preach as the Magistrates pleased) that he gained the repute of a most worthy Patriot in Holland and West-Friesland. His Councils and Actions always shewed him to be implacable against the Spaniards, and he pretended a great devotion to the House of Orange: in 1579 he was zealous for the contracting that everlasting Union at Utrecht: At which time the Provin­ces had not cast off all obedience to the King of Spain; the Prince of Orange was Governour or State-holder of Holland, Zealand and Utrecht by vertue of a Commission from the King; in his [Page] name, and for his service all things were said to be done by the United Provinces. Notwithstanding that by this Union Art. 9. No agreement for truce, or peace, or war, was to be un­dertaken but by common consent: And notwithstanding a­nother League, or Union, particularly contracted betwixt Holland and Zealand, for their acting joyntly and by communication Deduct. ord. Holla [...]d. part 1. c. 4. sect. 1. & [...]. 3. sect. 4. of councils in 1575, 1576. This Barnevelt- faction designing to erect themselves into a Republick, did take a resolution, and pri­vately sware amongst themselves, that they would never acknow­ledge the king of Spain for their Soveraign, pretend his autho­rity, or make use of his Seals: whereby through an immutable negative Suffrage of that Province the rest were involved in a perpetual revolt. This determination was made, and they absolved one another from the Oath of Allegiance, without the consent of the other Provinces, and a good while before that the Deputies of Holland could perswade Zealand to consent there­unto. It was decreed by Holland and West-friesland April 19. 1581. whereas the States General did not before 1582. de­clare Leo ab Aitzma's notable revoluti­ons. p. 166. that the king of Spain had forfeited his right and Dominion over those countries, and all princely authority ceasing in him, thereby was consolidated into the Estates, and the whole Sove­raignty devolved to the States of the respective united provin­ces. Hereupon the Pr. of Orange from a Spanish Governour became subordinate to them, and derived his Commission of State-holder and Captain-General from their Authority. I shall not mention what the said faction did in opposition to the Archduke Matthias, and the Duke of Anjou, whereby they ener­vated their authority; always acting separately and clandestine­ly from the rest of the Union. It is an acknowledged case, that the Province of Holland (being swayed by the faction of Barne­velt) Deductio ordin. Holland. part 1. c. 4. sect. 7. &c. 5. sect. 22. were averse from the incorporating their Province with the Realm of France, and had that king seriously inclined to accept the overture, he would have found such private restricti­ons on the part of Holland, as would have frustrated the negotia­tion; indeed they were contrary to the conditions which the same province had assented unto in the Assembly of the States General. Neither was Barnevelt better inclined unto Engalnd, in reference to any real subjection thereunto: It was never the [Page] intention of that party to return under any Monarchy, and what­ever he (as one of the Deputies) protested upon his knees, whatever he signed unto, it was his purpose only to engage the Queen to their protection, and to involve Her Majesty in a war with Spain, and thence to derive all the strength and profit i­maginable, without ever submitting unto her, or to the Crown of Spain.

In that Treaty with Q. Elizabeth in 1585. He (with the rest) told the Q [...]een, that the revenues of the Provinces were E. Grimston's General History of the Netherlands A. D. 1585. much less than they were, thereby to draw from her the greater sums; And whereas it was coven [...]nted betwixt the Q [...]een and the States, that the Earl of Leicester should continue all such in their employments, which he should find already preferred, this Reidanus An­nal. [...]elgic. l. 5. A. D. 1584. Barnevelt did solicite the States of Holland and West-Friesland, that they and also Zealand would choose Grave Maurice State-holder This, and most of the Narration is principally ta­ken out of the A­pology of Olden-Barnevelt forhim­self. before the arrival of the Earl, thereby to disappoint him of that Government, at which he aimed, and unto which by a custome received in Brabant the Earl might well pretend. He did also further contrive that Grave Maurice should be dignified with the Title of Prince, though it did not of right appertain Reidanus uli supra. unto him, he not being the Heir, but Administrator of the Principality of Orange, during the imprisonment of his elder brother, Philip William, in Spain. Both these actions the Queen (being already engaged) did think fit to dissemble, though the Earl did not conceal his resentments, but construed the one as a diminution of his power, and the other as a lessening of his esteem and glory. The Election of Grave Maurice to the said See the Dedu­ction of Holland in Leo ab Arz­ma's notable revo­lutions. p. 2 [...]2. State-holdership was purely a provincial act, he had not any Commission from the Generality, yet he had thereby the disposal and managing of the affairs of war by land in Holland and Zea­land, and particularly the besetting or garrisoning of all Cities and Forts of those Countries, by the advice of the States thereof, or their Commissioners: and also the removing or trans-placing, the encreasing, diminishing or altering of the Garrisons of the said Provinces, was to be done by the Orders of his aforesaid Excellency of Nassau, with the advice of the States afore na­med, or their Commissioners. To allay the Indignation of the Earl of Leicester, upon his arrival at the Hague, the States [Page] (contrary to the mind of the Queen) made him by a publick in­strument and absolute Commission to be Governour and Cap­tain General, not simply of the Leaguers, or over the Souldiery only, without the voicing Provinces, (so as the successive Princes of Orange had their Commissions of Captain General limited and circumscribed) but absolutely over all the United Provin­ces themselves, thère being yielded up unto him powerfully and absolutely (to make use of the words of Authorization, given by the States General unto the Earl Jan. 10. 1586.) to command Ibid. p. 238. E. Meteran. Hist. Belg. l. 10. A. D. 1586. in the matter and point of war, and that which depends thereon, by Sea and Land, over all the aforesaid Provinces, Cities and Members thereof &c. accordingly, as he should think best. The collation of this absolute power (which all the Dutch Historians acknowledge) was the voluntary and una­nimous deed of the Deputies of the Generality, and Olden Barnevelt, as Pensioner of Roterdam, was instrumental in the promoting it; but no sooner did the Earl begin to put in exeoution the power which they had given him, without applying him­self most humbly unto the Council of State, and the then pit­tiful Magistrates of each Province and City, but the confederates of Olden-Barnevelt begin to repine, clamour, and contrive how to invalidate the Commission of the Earl, and to elude that obe­dience which they had so solemnly sworn unto. In the same year, 1586. Olden-Barnevelt is put into the place of Advo­cate General of Holland; whereupon he was no sooner entred, but he informs the people and Provincials of Holland, that all their former Customes were inverted, their priviledges infringed, the Government in danger to be altered, the Union of Utrecht vi­olated by the excluding Papists from the Magistracy; that they had done ill to confer so great power on the Earl, and to permit the English in the Council of state to be acquainted with all the Secrets of their Government. Having possessed that province herewith, designs were formed against the Earl of Leicester to in­validate his Authority, Remonstrances framed, Libels, Medails and scurrilous pictures scattered abroad, jealousies fomented betwixt Pr. Maurice and the Earl, the Count Hohen­lo is exasperated and spreads dissentions in the Army; a de­vi ce is found out for the introducing an Assembly of the States [Page] General, with an Authority and Superintendency over the Council of State: All oaths taken unto the Earl are either for­gotten, or annulled: and it is declared that the People are the original of the Magistrates power, which is so transferred up­on them that it still remains in the donors: that the Majesty of the Government is not fixed in the persons of thirty or forty as­sembled and ruling as States, but in the Provinces themselves, who might reject or admit of the decrees of the Council of State, as they saw cause. A declaration to this purpose was sent unto the Earl by the States of Holland and West-Friestand, being pen­ned by Olden-Barnevelt. This Notion of Government, and of the States Generall was at first laugh'd at and exploded univer­sally in a manner, and the persons of the provincial States ren­dred contemptible: but in time Olden-Barnevelt and his as­sociates made the Government so uneasie unto the Earl, that he de­parted and resigned it up: and because the Ministers were ex­treamly devoted to the Earl, and asserted his power and the obli­gation of the Oaths of fealty taken unto him, to distract and di­vide them, this Olden-Barnevelt introduceth amongst some of them the Tenets afterwards denominated from Arminius; whence arose such f [...]uds amongst them, that they were forced to divert their thoughts from State-affairs to those of Religion, and and to demand a National Synod for the composing of Church-Divisions. The Advocate by his artifices and private insinua­tions eludes the calling thereof, and thereby necessitates the Mi­nisters to seek their support by a greater compliance with the Burgo-masters. The Earl having relinquished his titular Au­thority, the States General assume all power to themselves; the Office of Governour general is extinguished; they make Pr. Mau­rice Captain General, whose power extended only to the Soul­diers in the Leaguer and field, he not having any command over the particular Governours or State-holders of the Provinces within their respective jurisdictions: but these particular Go­vernours, notwithstanding the Captain General appointed over the Souldiery, were themselves Captains General over the Souldiers lying in the respective provinces: Neither could the Captain General transplace any Garrisons, or enquarter in any City, without the Consent of the Province, and Magi­stracy [Page] of the City. The prerogative of the Advocate General's See the Apolo­gy of Olden-Bar­n [...]velt. Office consists chiefly in this, viz. To have a priority in all mat­ters, and to defend the Soveraignties and rights of the States provincial, and the im­munities Hic apud Civitates, pagos, col­legia, privatos (que) omnes cum Hol­landiae, tum aliarum regionum, [...] ­trarum segerit partium, ne [...]ini ob­ligatus: cur [...]e quantum sieri po­test solitus, ut jura, privilegia, & consuetudinis Provinciae, ordinum (que) authoritas illaesa serventur. Hujus est omnia Ordinum Comitia probe observare, ijs (que) stato tempore inter­esse, nisi morbus aliave causa impe­diat. Hujus, congregatis ordinibus, prima Comitiorum die, brevibus ea, de quibus agendum, cum viva voce, tum ex scripto commemorare; de singulis nobiles civitatum (que) legatos sententias rogare; eas (que) fideliter no­tatas summa sileatii fide legere, & post rationem quae prevaleat indica­re; catalogum omnium actorum conficere, constitutiones omnes, id (que) genus alia, quae alicujus ponderis, extendere & cum nobilibus & ci­vitatibus communicare. Paulus Merula de statu Reip. Batav. of the Countrey: to have a care of calling the publick Assemblies: in them to have a voice in all businesses, to take charge of Re­monstrances, and Petitions tendred unto them, and to exhibite them at convenient times: to consult and deliberate with the Nobles concer­ning them, and all other things propounded in those meetings: That being done, to pro­nounce the verdict passed either by joint con­sent, or at least plurality of voices, to be their verdict: and to strengthen them with allega­tions and reasons as should be most fit. After­ward to demand the suffrages of the free Cities, to conclude by most voices; and lastly to em­ploy his utmost ability, that what was decreed may be put in execution. This place is estee­med the highest whereunto any man can arrive in that Democracy: the people reverence him as the great asser­tour of their franchises, and the Atlas libertatis Belgicae: It is not to be wondred if a man of great address and subtlety being thus dignified, do sway the Provinces as he please, the whole interest of Holland being at his devotion. Olden-Barnevelt and his faction have endeared themselves always to their Provincials by raising suspicions and jealousies in the heads of the populace, as if the Princes of Orange had designed to make themselves So­veraigns there, and have peretually (except when they made use of the house of Nassau in opposition to the Earl of Leicester) la­boured by all manner of practices to depress them, and lessen their power: so that, upon every occasion the instructions of the Cap­tain General were more and more limited, and the power of State-holder was abated by many restrictions in the several Provinces, according as the province of Holland could influence the Members thereof. Every Province doth separately choose its State-holder, and the power doth vary much in the several Provinces: One Leo ab Aitz­ma's notable revo­lutions p. 149. part of his power is to choose the Magistrates out of a double [Page] number proposed unto him: this he doth with the Council or Court provincial, or, in his absence the Court alone doth it. Another part of that charge is, that in case the Provinces or Union of U­trecht Art. 9. 16. Towns could not agree amongst themselves about matters of Truce, Peace, War, or Contributions, the difference was to be referred and submitted to the State-holders of the said Provinces, who were to reconcile the differences betwixt the parties, or determine the same, as they should judge it fitting in equity: there being no appeal from, or review of their sentence. But notwithstan­ding this Authority, so refractory were that people always, so ten­der of their priviledges, so jealous of their State-holders, that the Lords State-holders durst not make use of their power to pronounce any definitive sentence, or make decisions between the principal members of such a considerable body, but endeavoured for the most part to compose the differences by way of intercession and perswasion. Twice we find the State-holders to have acted Authoritatively; in the suppressing of Olden-Barnevelt, Hugo Grotius, &c. in 1618. and in the visitation of Holland, and attempt upon Amsterdam in 1650. But so malevolent and tu­multuous are those Provinces, especially Holland, that they have never laid aside the resentments for those proceedings, nor ever ceased to contrive the ruine of the house of Orange upon that account: Notwithstanding that their State-holders did therein nothing but what the Union and resolutions of the States General impowered them to do, and what was absolutely necessary for the preservation of the Countrey in peace. Grotius and Hogher­bet were imprisoned in Louvestein- house, near Gorcum, and so was deWit together with the other five Lords in 1650. This faction hath always been enemies unto England; and although Olden-Barnevelt did prefer the protection of the English before that of France, it was rather out of interest than affection, and with a design upon all occasions to impose upon and cozen the Queen. The which he did sundry ways, whereof he boasts in his Apology, as of so many services rendered unto his Father­land. He was perpetually averse from K. James, and hated him for his opposition to Arminius: In the several Treaties betwixt that King and the States about the Fishing, and East-India trade, he it was, and his faction that first disputed the Sove­raignty [Page] of the Seas, and from that Cabal did issue the Mare liberum, entituled unto Grotius: Not one of those Treaties be­twixt the two Nations did ever take effect, and all the dammages which the English have sustained in the East-Indies, all the mis­chief which hath befaln this Nation, hath ever been occasioned, or fomented by that party. It is not to be wondred that they have so long continued, for in that government (if I may call it so, for it never deserved that name, any more than Poland doth) The Burghers or Townsmen, have no power to elect their Magi­strates, but the Common-council or Vroed-Schapen (which are for life, and consist of 20, 26, 32, or 40) do choose them, and Declaratio de antiquo jure Bata­vita reip. supply their own number accordingly as any one happeneth to decease: and the people are absolutely concluded by their Ma­gistrates: whence it is manifest that the Republick was no Democracy, nor were the people free, as the Considerer and those Canaanites did pretend. This party being thus once setled, did perpetuate themselves, nor was there ever any of their State-holders who did not once in a year or two sensibly un­derstand who were their Masters. This party of Olden-Barnevelt did always profess to vindicate the liberties of the people, and by alledging old customes and immunities, and insisting thereon, as also by new expositions of Laws and deeds, nice distinctions, (which [...]bid more of acuteness than probability) and urging oftentimes the Letter contrary to the meaning, intent and design of the Authors, did imbroyl and dissolve the Government. Those that shall hereafter write political discourses, when they come to treat about Common Lawyers, what interest, employment, and regard, they merit in a Government, will find occasion to amplifie their debates from the consideration of the United Provinces. The Province of Holland being the most rich, and contributing more than all the rest unto the publick, as also abounding more in Towns, was the most easily wrought upon: and Olden-Barnevelt did so contrive affairs, that his partisans ruled in Holland, and Holland did rule all the rest of the Pro­vinces. Although the Union of Utrecht was so formed that in matters of the greatest concern the plurality of voices had no place, but every Province was particularly to consent; yet did Olden Barnevelt in 1609, enforce Zealand to admit of the [Page] Truce: and afterwards when he was resolved to ruine the Au­thority of Pr. Maurice (which was not great, except when the Army was in the field) that he might fortifie the Arminian faction, he revived old priviledges, that each Town might raise what Souldiers they pleased, without the consent or privity of the States General, or Provincial, and without any Grotius Apo [...]l­get. c. 19. subordination unto the Captain General, or State-holders, and administer an Oath of fealty unto them to be true to them, not the States: provided they did this at their proper charge. He told the People that they were the Soveraigns, and that the States General had but a delegated representative power, the real Majesty being fixed in them. He sowed discontents and jealousies be wixt the Nobility, Gentry and Commons, and also betwixt Holland and the other Provinces, and either active­ly advanced that Province unto a Sway over the rest or indirectly by their Negative Suffrage. Though the death of Olden-Bar­nevelt did put some stop to the designs of that party, yet did the interest continue, and in John deWit the Spirit of Olden-Bar­nevelt s [...]ed to be risen again. The States General under Pr. William in 1650. would willingly have brought the Government unto some certainty, and adjusted the power of the States General and State-holders s [...] as that it might have some form in it: But the province of Holland were so animated by their Pensiona­ries, that the design succeeded not, and upon the death of that. Prince, this faction proceeded to introduce that Anarchy which hath at last occasioned the general desolation of the Republick. It was a maxime transmitted unto them from the first Pr. Wil­liam that this Polyarchical Government could not subsist with­out Leo ab Aitz­ma's Nota [...]le re­volutions p. 310. 193. 201. a State-holder, who was to reconcile all emergent differences betwixt the Towns and Provinces: and the continuance of that office was a branch of the Union at Utrecht: Nor was the said provision ever cancelled or altered by the joynt approbation of the Consederates: But this faction did abolish this office in Hol­land, and did partly by perswasion, partly by over powring the other Provinces extinguish it in all places, except Gr [...]ning­hen: and to decide emergent differences a new expedient of Arbiters, and Super-arbiters was found out; who being men no way elevated above the vulgar by extraction and degree [Page] could not answer the general aim, and intent, but the final pow­er would reside in Holland; the disposal of the Militia and Com­mands was principally fixed in the Council of State, not in the Generality; that the said Province might rule all their affairs in the Council of State; It being managed by plurality of personal and not provincial votes, and the Hollanders being always present upon the place. In fine the Union was so infringed that Gelder­land, Over-yssel, Utrecht and Friesland were in a manner sub­ject unto Holland, and the Nobility and Gentry were every where depressed and despised by the Merchants and Commonalty of that Province. One might justly apply to that State what was said of the Romans heretofore, Socii Romanorum tacite redige­bantur in servitutem, By little and little the Roman allyes be­came their Bondmen. As for Zealand the Hollanders did see­mingly yield unto them greater regards and deference, but withall complotted how to weaken that Province so by an altera­tion of the Government, and intestine divisions, that they might in effect be reduced under their tuition. The Prince of Orange had three voices or Member-ships in Zealand of seven, as Pri­mier Noble man, and Marquess of the Vassal-cities Terveer Id ibid. p. 622. and Flushing, besides the power of placing the Magistrate in Middleburgh, Ziricksee and Tolen (Goes only being exempt) so that he seemed to have the full direction of that Province. To depress this power of the Pr. of Orange, there was dissention raised betwixt the Grandmother and the Princess Royal; and also John deWit with some others were sent into Zealand, where they revived the jus directum Universitatis, the power of the people, telling them that their liberties were undermined, and the Government committed unto the hands of a few and those none of the best. Whereupon the Burghers began to seek a Reformation, demand that several Magistrates be deposed, attempt to kill and plunder some, and cause the Burgo­master of Middleburgh, Tibant, Landsbergen &c. to be ba­nished: and after that the people were thus animated, and the States there changed, or intimidated, John deWit and the rest acquaint the Towns of Terveer and Flushing with their funda­mental rights, that the Earldome of Zealand was by the revolt, from Spain devolved to the Province in general, that the Pr. of [Page] Oronge's power over them was an usurpation (though it were expresly contained in the deed of Sale 1581. when the Prince bought the Towns) and that they ought to dispose of their own votes in the States provincial: A long deduction to this pur­pose, with a multitude of quirks in point of Law, was exhibited by them, and readily believed by the people against all reason, and notwithstanding any allegations made by the Guardians of the infant Prince: whereby that Province lost much of the influ­ence it had in the Councils of the Generality, and became subordi­nate to Holland: the faction of deWit ruling every where. To secure themselves for the future against the Pr. of Orange this faction privately contracts with Cromwel to assist him against the Royal line of England, provided he will support them against the house of Orange; and by the credit of his amity they proceed first to seclude the Infant-Prince from ever being elected State-holder, Admiral or Captain General by their suffrage; and afterwards draw all the Provinces to swear a perpetual Edict against it: In vindication of their actings they publish a Deduction, wherein the whole succession of Princes, from the first to the last William are defamed, as if they had all designed to themselves the Soveraignty of the United Provinces: they upbraid them with the revenues and emoluments which that family had gained by the wars; and avowed that the said family was obliged unto them for the dignities and opportunities to advance themselves which the States had given thereunto: they reckon up each minute gratification which they had publickly given them, and declare them to be most ingrateful for abusing their power, and not the Hollanders for discontinuing it.

Out of the precedent Narration any one may collect how little interest the Princes of Orange have always had in the Government of that Common-wealth; and upon what faction all the villany of that State is to be charged: nor will it be difficult for any to calculate the original and source of the present calamities and distractions there. The want of a State-holder left all emergent controversies difficult to be reconciled: for that office, together with the hereditary reverence which the generality had for the Princes of Orange, was the cement of the Republick. The Union of Utrecht was pretendedly owned by [Page] Hollard, but yet openly violated, or by subtleties of Law inva­lidated: so that whereas the Provinces were to sharein the publick management of affairs, as they were Provinces, and not accor­ding to the Quota or Ra [...]es which they contributed; now the rest were despised and imposed upon by Holland: the Gentry with the House of Orange sunk under the Commonalty, and the six Provinces under the seventh: all which was done without redu­cing the Government unto any form or settlement; all things were acted not by a Rule to be substituted unto the Union of Utrecht, but by the Artifices of the Pensionary, and the violent resolutions of the provincials of Holland, who seemed to design unto their Province an Aristocracy as it were above the rest. As to the Government, the authority of the States General be­came insignificant and precarious, the decrees and resolutions thereof being not obligatory (in Holland especially) any further than the States Provincial, and each Town, pleased. Each Province was independent, and each Town in a manner; no Souldiers could march into any voicing Province, or be enquar­tered in any City but by particular consent: and in each Town the Burgomasters kept the keys of the Gates, and gave the watch­word. The Nobility were excluded all commands by the jealous followers of that insolent son of a Tallow-chandler, whose de­portment made him no less insupportable at home, then he was amongst forreign Princes. The testimonies that may be produced for his great parts and abilities are not more than those of his folly. Wise men are cautious how they attempt alterations in Quare sanctis­simum est Alciti­adis apud Thucy­didem judicium, dicentis eos tutis­sime agere, qui Rempublicam ad­ministrantes in regimine & legi­lus quam mini­mum varient. Government, and rather acquiesce in known inconveniences (especially if inveterate) then seek to remedy them by innovation. The jealousies which he raised against the Pr. of Orange were not greater than those he created in the other Provinces against Holland: and it was evident that the Polyarchical government would fall into an Anarchy by the breach of the Union, and omission of a State-holder; nor could it support it self against any that should invade it by land. His popularity gave him no stable interest, nor could all his subtleties of Law convince the provincials that he did not abuse and impose upon them, as he did upon all the Allies of the United Netherlands. We may hope for a better neighbourhood when persons of Honour and [Page] integrity shall rule in their Councils, and the Government the reduced into some rational form; but certain it is that most of be mischiefs which have befaln Europe during this last century have had their original from this perfidious faction of Olden­Barnevelt, and in the ruine of the de Wits our nation is freed from two dangerous and implacable Enemies, who would have left no means (how barbarous and inhumane soever) unessaied for the destruction of the English. As to the manner of their deaths, we may observe how instable the people are in their affections, and how brutal in their passions: as also how just God is in overthrowing them by a popular tumult, who had by the like procedure undermined the Pr. of Orange. Their friends have not much cause to complain at what befell them, for the jus directum Universitatis was revived in the Hague by reason of the male-administration of affairs, the real Majesty of the Burghers did sentence them, and they were put to death by those whom that faction had always declared to be so possessed of the Soveraignty that the dernier resort was unto them, and they might upon any occasion rescind all oaths, revoke all powers, and rectify all failours in their Governours, according to the Genius of that people, and as they have done heretofore an hundred times under the house of Burgundy.

To all LOYAL SUBJECTS of His SACRED MAJESTY.

THere is not any thing of greater importance unto these Kingdomes in the present juncture of affairs, then that all the Subjects of His Majesty, be fully convinced of the Justice and Necessity of the pre­sent War with the United Provinces: For whatsoever be the expense thereof, whatever the event, (as the charge, and issue of Wars is very uncertain) the People will be satisfied with the Conduct of their Governours, and acquiesce in the determinations of the Divine Providence, when They shall perceive that Equity, and the welfare of the Nations, have been the Sole Principles by which our Rulers have mo­ved, and Prudence it self seems to have presided in Their Councils. It hath been usuall with Princes to make Wars purely for enlargement of Empires, and propagation of J. Selden de jure natural. Hebr. Their Glory: And Wars of this Nature were allowed of unto the Jews of old. It hath been usual for Princes to make War upon others, when They grew too great and powerful, and multiplied Their Forces, though with all protestations of Amity to their Neighbours: And such Wars are esteemed Alberic. Gen­ [...]ilis de jure belli l. 1. c. 14. Scipio Ammi­ratus discurs. polit. l. 20. disc 10. just and necessary by Civilians and Statesmen; but They are much more warranted, when that any Neighbour hath more or less cause to fear lest that excessive Power be employed against Him particularly. Injuries done even to one single Subject have been avenged by open War; when the Re-pub­lick Alberic. Gen­tilis de jure belli l. 1. c. 20, 21. Id. ibid. l. 1. c. 20. hath refused or declined to punish them: Thus Israel made War upon the Tribe of Benjamin; and the Romans upon Teuca Queen of the Illyrians. Even Ingratitude was esteemed by the Romans a just cause of War against the King of Cyprus; the which no doubt Cato approved of, [Page 2] seeing He undertook it: Upon this same Score did Queen Elizabeth purpose to re­linquish Grotius de bello [...]elgico l. 7. In­gratum pro ingentibus beneficiis animum justi [...]simam. Reginae cau­sam ut abjecta Belgarum cura sibi soli cons [...]lat. Reidanus An­nal. Belgic. Anno Dem. 1587. Her League with those ingrateful Netherlanders.

These, and such like have been the induce­ments for Princes to annul Treaties, and make War upon others: But our King hath been more tender of the effusion of Christian Blood, and of the Purses of his Subjects, then to spend either the one or the other upon needless Quarrels. Though the Provocations of the Dutch by their Pictures, Medails and Monuments, (all publick, and either authorized by the States, or commonly to­lerated) were such as would have justified a more early War: (Neither is there any English man, who can imagine Himself to be so insensible and stoical in his humour, as that He would not, even inconsiderately, have revenged less Indignities.) Though the depredations and injuries done to Our Merchants in several places, and the detention of His Subjects (contrary to agree­ment) in Surinam, rendered it necessary for His Majesty to protect his distressed People in their commerce, and other Rights: (It being a duty which He owes unto His oppressed Subjects; and the interest of all that are not immediate Suffe­rers, since the subsistence and Riches of all in general depend upon Trade) Yet did His Majesty proceed with all Lenity, and amicable Solicitations for redress by His Embassadour at the Hague, and secured the Dutch as well as Flanders, from the fatal consequences of the French Rights of Devolution, by projecting and finishing the Triple Alliance: From whence it is apparent how averse His Majesty hath been (as indeed it is His Royal nature) from seeking the occasions of a breach, whereas the Dutch continually administred Them; and the onely effect which His Gentleness produced was, that They were thereby imboldened to offer more, and miscoustrued His Qui dissimu­lat, tacito su­am fatetur in­dignitatem, & mod [...]stia postea pro ridiculo habetur. Didac. Saavedra Sym­bol. politic. 33. Friendly deportment, as if it proceeded from weakness, or fear. It is most certain that in the dishonour of Our King the Nat ion did suffer; there was not a Port in Europe, wherein the drunken Dutch Sea-men, and their Officers, did not revile [...]nd abuse our English Merchants, and others of our Country-men, [Page] [Page]

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[Page] [Page 3] uttering words so reproachful against His Majesty and His Royal Highness, that they are not to be related; trayling the English Colours defiled with Excrements thorough the Streets, and at the Sternes of Their Boats; whereby Fo­reigners were perswaded that the Dutch had totally destroy­ed the naval strength of these Realms, and gained to them­selves the Soveraignty of the British Seas. Curious Prints were divulged every where of the English Phaetons, being overthrown, not by the Thunderbolts of Jove, but Ualour of the United Provinces. Britannia, or Old England, was no longer seated on Her Globe with Her Feet on the Sea, but prostrate on the dry Land, Holland Ecquid igitur si etiam negligitu [...] haec vindicar [...] injuria? s [...]per­additus contemptus ist: qui [...]ec modica injuria est. Et ita St [...]bo reci [...]t, juste il [...]atum fuisse bellum Messeniis, qui non multarint compollatores convi­ciosos alienarum mulierum. In­juria fuerat appellasse. Quae nunc aucta sic est. Alberic. Gentilis de jure belli l. 1. c. 20. being mounted upon an Elephant, and trampling upon Her: Also a Boor cutting off the Tailes of the English Mastiffs, whereof some ran away, others sate licking their Soares, others stood barking at a distance: Another Boor was employ­ing His Hatchet to kill a multitude of Adders with this Inscription: The English Dogs and Vi­pers destroyed by the Valour of the Hollanders in such a manner, that they shall give the World no further t [...]ouble. By these Artifices not onely the Merchants of England have been discouraged in their Trading, the fo­rein Princes alienated from Us, and their Subjects induced to believe that the English were so odious, so despicable a Peo­ple, that they deserved not to be regarded in point of Com­merce. The Tongues, the outrages and insolencies of the Dutch, have done England more prejudice, then Their Ships and Canons. If the English seem to have reason to complain of the Conduct of His Majesty, it is for this, That He endu­red so long, and with so much patience these intolerable Affronts: But as the Station of Kings doth elevate Them above ordinary Men, as Their prospect of affairs excels that of the vulgar; So Their Actions, and the grounds thereof are different from what We comprehend. Our Phansies and Judgements are influ­enced and formed by the Objects we converse with; and those are for the most part no other then Common Reports, and fa­bulous Narrations which We beleive, examine, condemn ac­cording [Page 4] to our prejud cate opinions, and passions. The seeming Male-administration of the State, the decay of Trade [...] the dispiritedness of the English, the Arrogance of the Dutch, have really no other Foundation or Original, then OUR SELVES: those failours and miscarriages which WE charge upon the King, Council and Court, We are principally the occasion of, if not absolutely guilty. WE decline our duties; WE break Our selves into Schismes; WE retain and multi­ply implacable Animosities amongst our selves; WE defame our Superiours, censure and derogate from every Action of Theirs; WE by unnecessary and unseasonable contests retard the proceedings of Parliament, and exasperate the two Houses, and each Member thereof, so as that they fall into Factions and Parties: WE in the City and Country do repine, complain and rage, till the whole voisinage prove Male-content. Would each Subject seriously mind what is His proper Station and Business; would He diligently perform His duty, and re­fer Himself unto His Governours for the prudent and consci­encious discharge of their Offices; Would WE take but half the pains to compose our minds, which WE do to perplex and distract them; would WE study those important Lessons, of Fearing God, Honouring the King; seeking to have Peace with all men, if it be possible, and as far as it [...]lies in Us, Our Divisions and Animosities, and Jealousies would cease; our breaches would be made up; our Government be most happily resetled; the honour of the Nation would be re­deemed at home and abroad; Trade, Plenty and Peace, would be ensured unto Us, and our posterity.

WE, WE alone are to be blamed for the evils of this present War, and those which antecedently occasioned it: The Dutch, judging by the outward appearances, did imagine the King, City, and Countrey, to be so many different and irreconcilable Interests: They thought the two Houses of Par­liament to be so repugnant each to other, and likely to con­tinue so, that his Majesty should never be able to Re-ingra­tiate them, or raise any besetting supplies in case He were At­taqued and invaded: They apprehended that the Conformists, and Non-conformists, were so opposite in Principles, and in Ha­tred, [Page 5] each towards the other, that it was no less difficult for his Majesty to grant any Indulgence to the Sectaries, then it was for Him, or his Realms, to subsist without granting such a Toleration: These Reflections, how vain and deceitful so­ever they have proved, Our indiscretion made to seem pro­bable, and prudential. Thence arose their conjectures that WE were easily to be Trampled upon and Subjugated; Thence grew that Confidence of theirs to disgrace our help­less King, and distracted Government; to affront, and Rob our Merchants, undermine our Trade, alienate our Mariners, and every way to impoverish and infeeble our Nation: By these degrees, when they found the English so stupid as not to resent those Injuries, and In [...]ignities, or so Intimidated as to have only Courage to rail at their Governours; they proceeded to improve the opportunity of this Juncture (when the Pu­issance of his most Christian Majesty alarmed all Europe, and astonished these Kingdoms) to our destruction: They encrea­sed their own Strength proportionably to that of France, so as that they seemed not to fear that Potent Monarch by Land, and needed not to do it by Sea. Whilst our condition was so despicable, that Our Exchequer was low, Our Fleet un­prepared, Our Parliament dissatisfied, Our Church divided, Our Countrey discontented, and Our Seamen alienated from the Service of his Majesty in the Navy Royal; now Our good and faithful Allies, the HOLLANDERS, begin to Insult over us HERE AT HOME, to Treat with the most Chri­stian King, to make overtures of an Alliance whereby they would Transport Fifty Thousand of his Souldiers into any part of the English Territories: They who had struck their Flags, and lowred their Top-sails unto a Ketch of two Guns in the time of Cromwel, refuse to do it unto a Yacht of his Majesties, though they were obliged thereunto now as much as then; the Articles being expresly the same, and the sub­missions which they were to pay at Sea unto that Usurper, being regulated, as to the manner, by the president of what had been Exhibited to the Royal Progenitors of his Majesty, the Antient Kings of England; the Right of whom was so ac­knowledged a thing heretofore in Holland, that it is not only [Page 6] co [...]fessed in the League of Cromwel, and both the Treaties betwixt his Majesty and the Dutch; but in the Twelvth [...] Ar­ticle of the Offensive and Defensive League betwixt France and the United Provinces, Anno Dom. 1635. It was Agreed That if the Dutch Fleet (which was to Scowre the French Coasts in the Mediterranean from Pirats) should at any time meet the French; the Admiral of the Dutch was to strike his Leo ab Aitz­ma H [...]st. tract. pa [...]is Belgi [...]. pag. 177. [...]dit. Lugduni Ba­tavor. in [...] ­to 1654 Flag, and lowre his Top-sail at his first approach unto t [...]e French Fl [...]et, and to Salute the Admiral of France with Guns, who was to return the said Salute by Guns also, as was usual when the Dutch and English Fleaets did meet.

With what sincerity the Dutch did Negotiate with the Crown of France, is known only to the Searcher of Hearts, and to Themselves: For since the first Revolt of these p [...]rfi­dious Hollanders unto this day, it hath been their constant course to observe no Leagues, further then they conduce to the Profit of the United Provinces; and to Imbark all Princes in Wars upon promises of a firm Amity and Assistance, and as soon as the said Princes are plunged thereinto, to desert them, and draw Advantages from their Enemies, or else com­pel their Allies aforesaid, to yield them more beneficial Ar­ticles. Thus They served Queen Elizabeth: (Who com­plained [...] qui lem nec Deus si tat, ut ingratis praeser prioni­bus elusa ex­emplum Regi­bus fo [...]t, ab­stinendi auxi­lio populi, qui nulla in emi­ [...]tex reve­rentia, [...]ec [...], nisi s [...]i, [...]. R. Eli­zabetha ap [...]d Grotium, H [...]st. Belg. l. 7. thereof in 1598.) Thus They imposed upon the most Christian King in 1635 and afterwards all along untill the conclusion of the Munster-peace. Thus They served the Queen of Sweden in 1643, 1644 It is possible that the King of France might suspect their Treachery (especially since the same Men do now Sway the States General, and Province of Holland, who cheated France in the Munster-Peace) lest, having involved Him in a War with England, and transported his Forces into that Kingdom, they should change Sides; and having extorted Cautionary Towns from the English, employ their Armes against Him, to His great de­triment, and disgrace, if not Ruine. It is much more possible, that this Haughty and Generous Prince, seeing in the Person of the King of England, the Sacred MAJESTY of all Princes, V [...]lified and Abused; and recalling to mind how the same Dutch had Cosened the Crown of France, and disappoin­ted [Page 7] all the most hopeful designs of that Kingdom, and its Allies, by the Munster-peace, contrary to so many Leagues renewed from them, and after such constant supplies of Men and Money, and without any default on the part of the French; I say it is much more probable that upon these regards, and a Detestation of the late Insolence of the Dutch towards His most Christian Majesty, (who during his Progress in Flanders, had sent their Navy as it were to Brave him on his Coast at Dunkirk) He was inclined more to the Amity of the King of England. However it were, the Dutch Negotiations in France were discovered by His Majesty the King of Great Brittain, some months after the aforesaid refusal of the Flag. Our King had Expostulated with their Embassadour Boreel, concerning the Indignity of that Act, which was a notorious Breach of the Articles, and a thing which they yielded unto Cromwel. As for Cromwel, the Embassadour replied, THEY FEARED HIM. The which words, as they carry with Il se [...] craindre. them the greatest Contempt in the world towards His Ma­yesty, so they are demonstrations of the Dutch principles, that these Hollanders act out of no sense of Honour, Honesty, and Conscience, but accordingly as THEY HOPE AND FEAR. He did further answer, that If his Mayesty would be informed of the Action, and the Sentiments of his Superi­ours, their Assembly was at the Hague, and thither he might send to be acquainted therewith. Although Replies of this nature sound very harsh in the Ears, and sinck deeply into the Minds of Princes; yet so averse was His Majesty from a War with the United Provinces, so willing to retain an in­violate Amity with that arrogant and ingrateful People, that He did purpose to send an Envoy to demand Satisfaction for what had past, and to understand their future Intendments. But since to precipitate this Message had been to undervalue His Crown and Dignity, as also an Argument of His fear to lose the Alliance of their High and Mighties, one Moneth (viz. August) was suffered to Lapse, before those Thoughts were assumed again: It being but Justice, that those who had offered the Affront (and those, HOLLANDERS; HE, the King of Great Britain) should first apply them­selves [Page 8] unto His Majesty. After a Moneth, or so, was past, Mr. Boreel takes an occasion to Discourse with the Principal Secretary of State, and askes When His Majesty did intend to dispatch His Envoy to the Hague about the Action of Van Ghent? It being rumour'd that His Majesty was much dis­pleased thereat. The Reply was, That His Majesty had very great reason to take it ill, that, since He had gratified the Hol­lunders so much in the Treaty of 1662. and that of Breda, and also in the Triple Alliance, League of Guaranty, and defen­sive Articles; They should deny unto HIM above all others, the RIGHT OF THE FLAG, that antient and undoubted Regality of the Crown of England: That he could not com­prehend their meanings; since if they had any respect for His Majesty, or valued his Friendship, they should voluntarily have done him right in a case so NOTORIOUS and Well-known unto them. That the causless Breach of one Article, in this Conjunction of Affairs, rendred the Alliance with the United Provinces NULL, and their FRIENDSHIP for ever sus­pected. Yet so willing was His Majesty to continne the mu­tual Amity, that an Envoy should ere long be dispatched. It seemed harsh to an English Spirit, that the King of Great Britain should send any Envoy from London to attend the leisure of an Audience from their High and Mighties at the Hague; yet this had been done, but that the States General, to anticipate the Errand, and prevent all hopes of accommo­dating the Affair, but by a new Treaty, proceeded to Vote and Decree that Van Ghent had done nothing but what became him; nor did the Articles oblige THEIR FLEETS to strike the Flag unto ANY SINGLE MAN OF WAR of the Navy Royal of England. They also represented the claim of his Majesty unto the Dominion of the Seas, to be most Irrational and Ridiculous: THIS was the Subject of the general Laughter and Scorn in Holland; and with much Contempt did their Embassadours discourse of it in the Courts of Forein Princes.

His Majesty did regard these Passages with extraordinary Prudence; He considered their Import at present, and their future tendency. It was manifest that all the Confederacies be­twixt [Page 9] Him and the Dutch were at an end, that the Defensive Articles were no longer of any force to oblige the Dutch to assist England in case that France should turn its Forces upon these Kingdoms: Neither could He demand any Aid by the League of Guaranty, except his most Christian Majesty did Declare and make it to APPEAR that He Invaded the King of England on purpose to revenge his entring into the TRIPLE ALLIANCE for the defence of Flanders. At the same time his Majesty had notice of the secret Applications and Over­tures which the Dutch had made unto the Crown of France; and He perceived how dangers multiplied every way upon Him, that the Source and Original of all these Perils was the Ambition and Treachery of the Hollanders, and the implaca­ble Animosity of the De Wits against England; and that if He did not by some suddain Councils secure Himself that Winter, his Affairs would be but in an evil Condition in the succeeding Spring: The Dutch had of a long time formed a Design to ensure themselves of the Universal Empire of the Seas, and to give Laws thereon to all Princes and States in point of Traffick, HOW, AND WHETHER THEY SHOULD TRADE: These Projects had been in­sinuated into the People by Mr. Schookius, Necessaria Belgis maritima poten­tia.—Quis enim ei maris usum concesserit qui Sollicitus non est ut in eo aliquid possit.—Ance omnia la­boremus Anglos toto mari [...]pellere, illiusque imperium asserere. M. Schoockius de Imperio marit. c. 28. Curandum omnibus modis ne conj [...]n­gatur Oriens et Septentrio cum Occi­dente, sive ne Mercateres qui ad Ori­entem et Septentrionem habitant, puta Dantisci, Regiomonti, Hamburgi, in Dania, Norwegia, Suecia, Russia, &c. Ipsi plagas Occidentales adeant, & inde petant quae sibi [...]sui sunt: ac vice versa Occidentales frequentent O [...]entales & S [...]entrionales Regio­nes. Id. ibid. c. 31. one of the Professors at Groninghen, and were the Dictates of—in the States Ge­neral. Their Actions in the East and West Indies, Russia, and the Baltick Sea, were evident Arguments of such Inten­tions: Their Annually building a deter­minate number of Capital Ships; their driving upon our Fisher-men, and spoil­ling their Fishing within the proper Seas of his Majesty. Their Attaquing of fo­rein Ships under the Protection of our Castles and Ports; their Attempts upon the Navy of the pretended Parliament in the Downs; and the Burning of our Ships at Chatham (when a Peace was even concluded) were all Re­sults and plain Consequents of the said Design. Now it seem­ed [Page 10] they would finish it as to the English (and consequently upon all Europe) by their great preparations of Capital Ships and others; which, though purposed against France, yet had their influence and carry terrour amongst all their Neigh­bours: And the refufal of the Flag was but a Degree towards those demands which ensued, That his Majesty should relin­quish his usurped Dominion of the British Seas. His Majesty had already yielded at Breda enough to satisfie a moderate Ambition, but where the desires are boundless, those concessions become ineffectual which are not proportionate thereunto: If he entred into a New Treaty, who could ascertain Him where the Hollanders would begin, or when they would end? Their consultations are generally slow, and most com­monly dilatory: Who knew, how they would protract time in this Juncture, and draw Advantages thereby from the ne­cessities of his Majesty? It seemed evident that his Majesty must make as great preparations to procure a tolerable Treaty from them, as to make War upon them; and in the mean space, whilst We pursue no o [...]her aims then a sirm Defensive League with the Dutch, and remain separate from France, who can Imagine otherwise then that the Dutch would, to Crush the Rising Power of England, and to busie France, prosecute the Overtures privately, and contract an Offensive League with his most Christian Majesty? What straights his Majesty had then been reduced unto, the most Vulgar capacity can apprehend. But, to gratifie the Credulous and Ignorant; suppose his Majesty had prevailed with the Dutch for a speedy and real Treaty; (which He could not by his Embassadour Sir G. Downing) Is it not now visible, which the Elevated Spirit his Majesty did easily foresee, That they would demand of us to Relinquish the Dominion of the Seas? Which if he had assented unto, what Debates would it have occasioned amongst the Lawyers, and in Parliament, con­the giving up of such a Royalty? What anger and discontents would it have excited in the Breasts of all his Subjects, to see so much of Pusillanimity in the King and Court, and to find them­selves, their Families, and Estates exposed as a Prey to any Invader, who might sail our Seas, and possess our Ports and [Page 11] Territories, without giving any warning; and Fish upon our Seas, without our License? Nothing is more clear and certain, then that His Majesty must have lost the Love of all His Subjects to purchase the suspitious Amity of the Hollanders. I call their A­mity suspicious, because they never observe any Articles, how so­lemnly soever ratified, beyond their Interest, and pleasure: And who knows but They might have imagined it their Interest, to prolong a War with France, until the expense thereof had exhausted England? Is not Mony the Nerves of War? and is it not in long Wars, as in long wrestlings and scuffles, where the Victory depends upon the strength of the sinewes? Is it not likewise evident, that, upon so tedious a War, the King of England must have been reduced to the same condition, as if He had been vanquished by France? The Dutch would thereby have survived as Masters of the Sea, by the power of their more numerous Fleets, and his Majesty have been necessitated to an unseasonable breach with them (not being able to perform Covenants) or to pawn the Isle of Wight (which upon an exi­gency they desired as a Mortgage from Cromwell) or Portf­mouth, or Plimonth, or Hull, or All.

Let us but remember that the defensive Articles must have been renewed; and calculate what the annual expense of forty Ships, six thousand Foot and four hundred Horse a­mounts unto; and observe that We should pay them, and not be reimbursed till three Years after the War is ended. Let us but ruminate hereon, and think how the Dutch served Queen Elizabeth upon the like Articles, and all the prece­dert Evils will seem no futile apprehensions, and dreams. I know the present humour of the Nation: there is not a Fop or Simpleton, but is a Statesman; and esteems himself wise enough to censure the Actions of the Privy Council, and to agitate in a Caball, would the King but vouchsafe Him a place in His Cabinet: Let any of those profound Polititians but phansie themselves Embassadours to negotiate with the Dutch in such a Treaty as is related hereaster betwixt the pre­tended Common-wealth and the States General, and I am confident that, as vain as They are, there is not one will say He could have concluded it with expedition: And if so, these men may forbear to condemn their King, for not involving [Page 12] Him self in tedious and uncertain Treaty with these perfidi­ous States, at such a time when it was necessary for Him to fix unto some Resolution speedily. In February indeed the Dutch did send over a Latine Memorial penned by De Wit, and delivered by Boreel: but it is so dubious and Equivocal, that no wise Man can think such a Paper a sufficient ground for a Treaty. They modestly offer to strike the Flag, and low­er the top Sails of their Fleets to single Ships of Ours, in to­ken of honour and respect to their good Ally. not as it is His Right, as long as we shall adhere to the defensive Articles: And that we shall retain so long (the empty Title of) the So­veraignty of the British Seas, provided it be not construed any way so as to impede them in the free use thereof. By such a Treaty we should have given away the ancient right of the Flag, and held it by vertue of a Treaty, and suspended it upon the condition of our adhering to that League: Nor could we have punished the refusal as Rebellion, but as a breach of the League, for which complaints must first have been made at the Hague. It had also been no more a testimony of Our Soveraignty of the Seas, but of the civility and respect which the Dutch bear unto His Majesty: Or, if it had been an Ar­gument of the Dominion of the Seas, that Dominion would have signified no more then the Dominion of Jerusalem doth to the King of Spain. As to the FREE USE OF THE SEAS, who can tell the signification thereof? Is it in re­ference to Navigation of Merchants onely, or of what Fleets they please? Doth it include our Ports, and Chanels, and those Seas called the King's Chambers? Doth it include the Fishing without License, or Custome? Will it never be construed so as to exclude the carrying Contra-band Goods to our Enemies? and that they may import in what Vessels they will what Goods they please, and that paying what Cu­stomes they judge meet? I am sure that all these Cases are disputed under the grand Question about the Freedom of the Seas; and since that some do comprehend them all (and more) in that one grant of the free use of the Seas; it is not to be doubted but the Dutch Casuists would insist upon all that would make for their profit. That this may be made [Page 13] more evident, I shall set down the Plea of the H [...]se towns, who having asserted the Freedom of the open Sea, and condemned the Venetian Soveraignty over the Hadriatick, proceed in these words ‘Inter res communes; uti ipse imperator numerat ma­re, Jo. Angel [...]us J. C. de re­busp. Hanseat. part. 6. pag. 85. Edit. Fran [...] Anno [...]om, 1641. & ideo nemo in mari piscari aut navigare prohibetur, & adversns inhibentem competit actio injuriarum. l. 10. Si quis in mare l. injuriarum sect. ult. de in uriis. sic littora quo (que) communia sunt, l. 2. de re. divis. Quia accessorium sunt maris, & accessorium s [...]quitur naturam principalis, l. 2. de peculio legat. c. accessorium de reg. jur. in 6. Ad littus maris igi­tur accedere quivis potest, non piscandi tantum gratia, sed etiam aedificandi & occupandi causa. l. quod in litt. de acquir. rer. Dom. l. in lit. ff. nequid in loc. pub. &c.’ Such Arguments as these have been made use of you see, and may be again by a Potent Enemy; though indeed they are vain, as the Ve­netian Advocates do shew. ‘Quemadmodum communio Julius Pacius de Domin. ma­ris Adriatici. littorum restringitur ad populum, a quo occupata sunt, l. 3. sect. littora D. de quid in loc. public. ita etiam communio ma­ris: adeo ut per mare a nemine occupatum navigatio sit om­nino libera: per mare autem occupatum ab aliquo principe, ii liberam habeant navigationem, qui sunt illi principi Sub­jecti; alii vero eatenus, quatenus idem Princeps permittit.’ As to the paying of Customes, it is notorious that the Dutch have by open War inhibited the Dane from advancing his Cu­stoms The Hanse-Towns urge many authori­ties and dis­putes against all Customes and Tolls up­on Merchan­dise. Jo. Marquard. de jure commerc. l. 2. c. 3. sect. 4. in the Sound above the ancient Toll, though the value of the Coine were advanced, and the Trade much more gainful to them then it had been formerly. It is also recorded that the Hanse-Townes did refuse to pay any higher Customes to Q. Mary and Q. Elizabeth then had been paid in the dayes of Eaward the 3d. urging that such an enhansment of Customes was a prejudice to Commerce, and the Freedome of the Na­vigation. One Reason of the quarrel betwixt the Dutch and the pretended Parliament was, because they were prohi­bited to import Goods that were not of their growth, and ex­cluded traffique with our Plantations. This they then said was Leo ab Aitz­ma, p. 760. Jo Marquard. de jure commerce. 4. c. 3. sect. 28, &c. contrary to the Freedom of Commerce; and the orders about it, which had been immemorially observed: And the same com­plaints were urged by the Hanse-Towns.

[Page 14] Upon these considerations, I should have said, Let us then lay aside all considerations of renewing an uncertain, dilato­ry and insidious Treaty with the Dutch: Let us not seek the Amity of Persons so Treacherous: Let us not give them the opportunity to deceive us twice in one Year; Let us not provoke against Us the Arms of France by entring into a Defensive Alliance with those ungrateful, insolent, and perfi­dious Hollanders; whilest we cannot be assured of their Freindship. If the Power of France bend it self upon the United Provinces, and they by our assistance, become victori­ous, the Glory of the success, will be by all the World appro­priated to the Dutch, and the Atchievements of the English, drowned by the fame of the Dutch exploits; they being Principals in the War. It too much derogates from the re­nown of England, that they have dared to affront, and con­test it with the the Grandeur of France: What if they preval? Their Authors Quod si Resp. Veneta, propter Cypri & Candiae regna exigua, Regibus ae­qualem sibi dignitatem ascribit; quan­to meliori jure Faederatum Belgium, cujus Majestatem maximi Reges a­gnoscunt, eodem Privilegio utetur? Georg. Hornius Hist. polit. dissertat. 16. The Author of the Alcedonia Fae­derati Belgii Printed at Leyden, 1667. Having represented the Dutch as Victors over the English, doth tell the States General, Vos mihi ut o­lim Aulae Magistri seu Praefecti Paletii Parisiorum, Martelli, aut Romani Senatores; si non Reges, iit Re­gum Domini, mihi perpetuo colendi, observandi, suspiciendi. now challenge for their Republick an equal respect to what is paid to Crowned Heads. To what height will their Pride hereafter transport them? May We not justly apprehend by this, and their Ar­rogance at Munster, that they will claim precedence of all, or most Kings? Let us but consider how much it con­cerns Our traffique, that our Prince be reverenced abroad: Let us but inquire whether remote States do not admit, or exclude Us from commerce, ac­cording as the Reputation of our King, as to strength, and conduct, is greater, or less amongst them: And We shall not want Motives to in­duce Us by all means to hinder them from eclipsing Us in point of Reputation. But, ought We not also also to appre­hend their immoderate growth in strength? Will they change their natures, and principles with new accessionals of Power? Will they become-less Avaricious, less Insolent, less Treache­rous by those fair additions? Shall We be able to live more [Page 15] quietly and securely? Shall our Merchants Trade more peace­ably? Shall our King be entreated more respectfully, when they become more puissant: Who have enforced the English by so many Warrs (as well as Remonstranses) to vindicate our just Rights and Honours? If these things be unimagina­ble, if great Arrogance be an usual Concomitant of great Power; If Ambition fortified with Strength doth ordinarily break all Bonds, and cancel all Leagues of Amity, which are Obstacles to its Progress; If Covetousness exert it self more and more according as its opportunities increase: What Affiance can we place in the Hollanders, when they shall grow more Potent and Renowned? And how vehemently ought We to apprehend, lest their States General do grow too High and Mighty for Us? I remember a Speech made by the Dutch Embassadours to Q. Elizabeth, Anno Dom. 1598. when they dehorted from making any Peace with Spain, they represented unto her Majesty the Ambition, Avarice, Gruelty, and Insolence of the Spaniard; which qualities since he was not likely to change, it was in vain for Her to think of a safe and durable Peace: The same Inclinations, the same Incentives continuing, wouldin a short space produce their usu­al effects; that by this Amity she would but give him time Grotius de bello Belgico. lib. 7. to Recruit that Strength which would be employed against Her. The conclusion with a little Change runs thus: ‘Those Kings and States have taken wiser Courses, who without any particular Provocation, have made a timely Opposition to growing Empires, lest the Conquest of their Neighbours should render them a Prey to the Victour. They knew that there are some Wars made to procure a Peace, some because no Peace can be had. For as betwixt Fire and Water, both being of a contrary Nature, so be­tween those that are ambitious to Rule over all, and those that scorn to become Tributaries and Vassals to any, there is a perpetual Strife and everlasting Enmity; wherein 'tis too late to revenge Injuries, when received: It becomes the Wise, and it is most Glorious to prevent them whilst they are yet only Threatned, or Imminent. Heaven hath not given unto Kings their Power and Government only [Page 16] that they might redress and punish Evils; their chief Bu­siness and Care ought to be to provide that they may ne­ver happen. He doth not so much as defend himself, who contains within the narrow bounds of Defence. Wicked minds are excited by Impunity. Whether the Dutch make War with France, or enlarge their Conquests in both Indies, or Fight with the Dane, or Swede, or with great Fleets guard their Fishermen, and Merchants, those dan­gers which we do not yet feel, do still hang over our Heads; and whilst they are in Arms, England must be in a continual Jealousie, and at a constant Expense. The question is, Whither it be best to perpetuate; or dispel our Fears? And which is the most prudent course, to spend our own Incomes, or subsist upon the Spoils of others—’ These considerations prevailed with that Queen, whose Me­mory and Actions are to this day Celebrated and Reverenced in England. Were that Queen now alive, let us examine what Maxims She would inculcate to this Age upon the present Juncture; and if we may conjecture by her past De­portment what She would urge, it would be to this effect; Never to Relinquish any thing of Honour: A Prince despised, and contumeliously used, is already half-ruined: If he endure it long, he is totally lost at Home and Abroad. She made the States decree Death to such as should Libel, or revile her Ma­jesty; E Reidanus Annal. Belgic. l. 6. Anno Dom. 1587. and one reason of Her quarrel with Spain was, that the King had slighted her Embassadours. Never to abandon the Dominion of the Sea; but to maintain constantly such a Fleet of Ships as may secure it, and strike an Awe into the Neighbouring States: To propagate Trade by all possible means into all Parts, as the principal means of encreasing the Riches of private Men, the Revenues of the Prince, and the Renown and Puissance of the Realm. To improve the Fishery by all manner of Contrivances, as observation of Lent, and Fasting-days, encouraging and protecting the Fisher-men; whence will arise, besides the effects for a gainful Trade, a constant Semi­nary of Mariners, inured to the Sea, acquainted with the Coast, and skill'd in Navigation. Never to suffer any Nation to grow more Powerful at Sea, or greater Traders then our [Page 17] selves; but by sundry Artifices, or open War to d [...]stress them, and draw the Trade to England. Thus She undermined the Hanse-Towns, because they did prejudice the English Trade; notwithstanding that many of them did profess the Reformed Religion. Such Aphorisms as these would She in­stil into the English were She now living: And I am confident had She lived to see France and the United Provinces, both in their grand [...]ur last Winter, She would neither have stood Neutral, nor joyned Her Forces with those of the Dutch. Against a Neutrality it is a Rule in Politicks, That in a War begun betwixt two mighty States, it is dan­gerous for a Th [...]rd, and Neighbour to Consul Quintus ad Achaeos Quod optimum esse dicant, non interpor [...] vos b [...]llo: Imo nihil tam alienum re­bus v [...]stris est: Quippe sine gratia, fi [...] e dig [...]tate praemium victoris eri­tis. Livius l. 35. Scipio Ammirat. disc. polit. l. 18. disc. 7. Didac. Saa­vedra Symbol. polit. 115. them both, not to be a Party being called into the Action: For he is in peril of be­coming a Prey to the incensed Victor: Ex­cept the Neutral Prince be so Potent, as to be able to secure himself from the Conquerour. But this not being our con­dition at present, the next Debate is, Whether we ought to adhere to the United Provinces, or to France? Against the United Provinces so many Arguments have been already Al­ledged, that it is a shame not to assent unto them; except the like or greater can be produced against the League with France.

Although it be true Policy for every Prince to oppose the excessive growth and strength of another State, that it arrive not at that heighth of Puissance, as to be able to reduce the rest under obeisance; yet Wise men suggest many considera­tions before a War be commenced against this so Potent Em­pire: For, if we judg of Events by the ordinary course of Humane Affairs, whosoever makes War upon a State infi­nitely Scipio Am­miratus disc. polit. l. 20. disc. 11. surpassing his in Power, doth but occasion his own Ruine; Neither is it providenti [...]l for a weak Prince, though he fore­see that he shall be at last subdued by this puissant Empire, therefore to run Precipitously into a War against it; any more then it would seem Wisdom, for a company of Men to Ac­celerate their own Destruction, because they are ascertained that in time they shall be Destroyed. If the Question were [Page 18] now the same that it was in the days of Cromwel, which way the Scales should be turned betwixt Rising France, and De­clining Spain, the debate might end in favour of the House of Austria; but since that Cromwel by Assisting France, and Depressing of Spain, hath contributed much to the paramount Greatness of that Monarchy; and that His Majesty of Great Britain hath, since his Restauration; been enforced to emplóy his Cares upon those most necessary and urgent Affairs of com­posing his distracted Kingdoms, Re-establishing the Govern­ment, Securing and Advancing the Trade of his Subjects in opposition to the Hollanders, without leisure to regard the growth of the French Monarchy: The Case now seems dif­ferent from what it was, and it doth not seem prudential to oppose the greatness of France, now that it is Arrived unto its present Heighth, under so Haughty, Martial, and Wise a King, so able Council, so plentiful a Treasury, so Vast, Well­commanded, and Well-disciplined Armies. There is no one State that is able to Counter-poise the Forces of his most Christian Majesty; and great Leagues, which are to be made up of a multitude of Parties and Confederates, are so un­certain Strengths to be relied on by the Wise, that History doth not acquaint us with any Instances almost of their suc­ceeding well; and 'tis manifest to any who understands the Genius of this Age, that any such League would become In­effectual. Let Us therefore resolve, that it is at present best for the King of Great Britain to joyn his Arms with those of France, leaving off the respects unto Remote and perhaps. only imaginary Evils, that may never fall out. Let it be thought a more safe Procedure, to Acquiesce in the Royal Word and Honour of the King of France, then in any promises of the Hollanders: Let it be conceived that the Designs of Universal Monarchy in Europe, are vain and success-less Projects; that a thousand Casualties may disappoint them, and that his most Christian Majesty may Die, and leave an Infant, or a Successor, whose Inclinations, Wisdom, and Con­duct, may not be equal to his. But the Case is different in regard to the Dutch, for there is no Death to be looked for of the States General, but in the subversion of the Republick: [Page 19] A succession of Men educated to the same Principles, and capable to manage the same Projects, is there perpetuated: Trade is the great interest of England; the Dutch have now in a manner engrossed it; the French are not Competitours with Us for it; and, by reason of the incommodiousness of their Harbours, and the unfitness of that Nation to manage Traffique with other People, perhaps never may become our Rivals therein: So that this benefit will arise by the French alliance, that the English shall divert the Traffick of the Dutch, and with much advantage Scramble for the great­est part with the French Merchants: and that Fishing, which the Sates General do esteem one of the Principal Revennues and happiness of their So it is styled in the Dutch Procla­mation for the regulating of the Herring fishing. Sub [...]stit praeterea tellus perpetua illâ magnâ (que) pisea­tine, navigationé (que) peculiaribus plane propriis (que) Hollandorum professioni­bus Lud. Guicciardin. in indes [...]r. Hollan­diae. Provinces, will inevitably devolve unto these Realms. Besides, a War with Holland (upon the account of Prizes) is less expensive then a War with France: And it hath this further advantage, that it weakens our onely competitour in Naval strength; and the same maritine Force which baffles Holland will secure Us of the French amity, revenge the injuries we have received, and regain that Honour which they have so Villanously clouded and bereaved Us of abroad: the recovery whereof, and the revenging the indignities done to our Prince, are considerations superiouri to any that can be alledged un­to the English, and the sole means remaining whereby to con­vince the World, that our Friendship and Enmity is of any impor tance: It cannot be expressed what great Respect and Confidence in Friends these Superficial things created from opinion do pro­duce, nor what reservation and fear they beget in Enemies. How Mr. S [...]lhon Minister of State part. 2. disc. 9. much doth it concern sick and crazy States, for preventing the Obstructions of Recovery and of Restitution to Health, That it be believed they are in Health, and and have also Forces for defence against Have we not seen this evidently in in the late Grandeur of the Dutch, who su [...]sisted mainly by the opinion all bad of their good Government, Wisdome, and Puissance? assaults? The two Principal Parts of the Greatness of a State are these; and to seem to have them is oftentimes as availa­able, as if we were possessed thereof.

[Page 20] There are but two Material Objections that can be urged with any speciousness against the present Alliance betwixt His Majesty and the most Christian King; and [...]ne is drawn from the regard to be had unto Protestancy in general, the con­dition whereof may be weakned by the Conquest of the Dutch, and so become obnoxious to the n [...]w prevailing Pope­ry. The other is deduced from this consideration, that we assist a Roman Catholick Prince, against the Protestant State, the Governours whereof howsoever they have been so irreli­gious as it is specified and universally acknowledged, yet the publick Restauration of the Papistical Religion, and the excluding of the honester and more real Protestarts from their Churches and Evangelical Liberty, do seem to make the Alliance to be un Christian, and un-lawful in Us, who be­lieve the truth of Protestancy, and the Idolatries and Impie­ties of the Church of Rome; and although we do verily be­lieve that [...]is Majesty of Great Britain hath not in this League any direct intention to extirpate Protestancy in those Countreys, yet since the consequences and events of Actions are to be examined, and in point of Conscience and Morality to denominate an attempt just or good, we ought to regard the final Issue thereof; for if the general or most frequent consequences of such Councils be evil, the whole Series be­comes so, and the will of the Author is at least indirectly cri­minal and culpable. It being a Rule amongst the Casuistical Divines; Quando ex factis nostris indirecte gravissima fe­quuntur, vel s [...]mper, vel plerumque mala, actionem cete­roquin de se indiflerentem, reddunt illicitam, perinde ac si directa voluntate appeterentur: Seeus vero, si per acci [...]ens, hoc est raro tantum, & quasi casu aliquo consequantur. When most grievous evils (and such are the prophanation of the Reformed Churches, the Restauration of the Idololatrical and Antichristian Mass, the contempt and subversion of Pro­testancy, the leading of those into temptation, if not destruction for whom Christ died) do constantly, or most commonly ensue up­on any action of ours which is indeed in it self indifferent, the action is thereby rendered so unlawful, as if we had directly in­tended all those evils: But the Case is otherwise where those [Page 21] evills do seldome, and as it were thorough un-foreseen chance fall out upon any indifferent Action of Ours.

To these Scruples, which indeed are of some moment, and were transmitted unto me by an unknown hand, I do return this perspicuous and satisfactory Answer: and I shall begin my reply by a Solution of the latter, and then proceed to the former.

It is most certain that the Measures of our Love to others are to be taken from the affection we bear to our selves: We are to love our Neighbours as our selves, but not better. That common Proverb, Charity begins at home, is a principle of Nature, and Consonant to the Gospel. The War, on the part of His Majesty, is purely defensive, and was inevita­bly drawn upon Him by the arrogance of the Dutch in vilif [...]ing the Honour of His Majesty, and of his Realms; their injuries in detaining some, and oppressing others of His Subjects: their treachery in breaking the Articles made at Breda, whereby His Majesty was deprived of that support whereon He might rely in opposition to the Grandeur of France; their constant treachery in the forming and observing of Leagues, whereby it became unsafe for his Majesty to enter upon, or presume on any Treaty with them. Out of all which conside­rations it is manifest to the most prejudicate Persons, that His Majesty is totally innocent as to any evil consequences which ensued upon the Alliance and War; and the whole blame is be transferred upon the Dutch. There hath never happened a War in the World (that I remember) wherein those onely suffered by the consequences thereof which were guilty of its oc­casion: Those that are Subjects to hereditary Princes might be better absolved, then those whose Magistracy is elective, and their Authority more precarious: But as there are just Wars betwixt successive Monarchies, so the righteousness of this with the united Provinces is most notorious; the generality of the People being so exasperated against the English, and so malevolent towards His Majesty, that 'twas thence their Superi­ours derived much of their confidence. They did believe the suggestions of John de Wit and his Partisans, that His Maje­sty did seek, what He could not avoid: That what they made [Page 22] unavoidable, was purely the effect of his unsatiable avarice, and ambition: That he was the most blood-thirsty person in the World; that He armed against them such a Mili­tia, as would make Fricacies of their Children, and Salt up the Men and Women for Naval Provision. If the prevailing Party (which swayes their Councils and Determinations) were thus animated, whatsoever be the fatal consequences of the War, they are not to be imputed unto Us, but unto the Loevesteine Faction, and their deluded or malicious adhe­rents: If their ill success, and time hath undeceived some, what doth this reflect upon the Resolutions which His Majesty assumed last Year, before they were dis-possessed? We may reckon them unfortunate, we may pity those who were averse from the War, (and His Majesty did express as much con­cern for the interest of the Prince of Orange, as the nature of His Treaties would permit) but we can charge no injustice up­on the Arms of our King. There was heretofore a sort of People who did not think it lawful for Protestants to contract Leagues with Papists, or Idolaters. But Prince William of O­range (and His Divines) did long since refute this Opinion. For albeit that the Israelites might not make any League with the Inhabitants of Canaan (whom God destined unto destru­ction) yet with other Nations, as with Hiram King of Tyre, E. Reidanus Annal. Belgic. l. 2. Anno Dom. 1579. the Kings of AEgypt, and Assyria, &c. they might. The Can­tons of Swizzerland, as well Protestants as Papists, are conse­derated for mutual defense: The Protestant Princes of Ger­many joyn with the Papists in one Empire, and in the Election of a Romanist to be Emperour: The same Princes have sometimes called in (by League) the French to their assist­ance; as Geneva hath implored their protection against the Savoyard. If we consult the Law of nature, the respect we owe to our Lives, Liberties and Estates, requires this at our hands, that we preserve our selves; and if we cannot effect thus much by our Domestick Forces, we must recur to forein assistance: The Law of Grace doth not destroy that of Na­ture; hence it is that the Obligation doth still remain, and that those Alliances made by Kings with Infidels and Hereticks, when profitable or necessary, may not justly be blamed. Do [Page 23] we not see in holy Writ, how the Patriarchs, and the most re­nowned Kings of Juda, have authorized this Doctrine by their Example? Did not Abraham covenant with Abimelech both for himself and his Posterity? as also with the Canaanites? was not Lot confederate with the King of Sodom, and went to War in his Company? The Maccabees (though zealous in the observance of their Religion) did yet confederate themselves with the Lacedaemonians, and Romans. King David joyned his Forces with those of the Philistines against Israel; nor doth it appear but He would have fought in that quarrel, since He tells the King, now thou shalt see what thy Servant will do. To pass by the examples of Antiquity, let us descend to latter times, where seeking for Proofs of this Truth, we find St. Paul recommending to the Primitive Chri­stians a Peace with all men. He himself makes use of the protection of the Pharisees against the Saducees, and refuseth not to be secured against the violence of the Jews by the as­sistance of two hundred Archers and seventy Horsemen, all Infidels. What can be objected against this Reason? It is permitted every one to make an alliance with all such as are comprised under the notion of Neighbours; and it may not be doubted, for the Son of God hath commanded Us to love them as our selves. The Infidels are positively comprehend­ed under that Title, especially when they are of advantage unto us; as Jesus Christ testifieth in the Parable of the Sa­maritan: And by consequence it is evident that alliances with Infidels, and Hereticks, are permitted unto Princes. If it be said that a Prince may make an alliance with such, to have Peace with them, or commerce; or perhaps employ their Forces against others of the same Religion with them, but not against such as profess the same Religion with himself. I answer that the general practice of Christianity, hath been o­therwise. How often did the Emperours of Constantinople, the Kings of Spain and France, contract for the assistance of the Sarracens against Christians? Which of these Realms hath not confederated with the Turks to invade the Christi­ans? Which of them hath not combined with the Hereticks, and made use of their assistance against their Enemies, though [Page 24] of the same Religion with them? If we turn our Eyes upon the Protestants, do we not find Q. Elizabeth contriving with the Count of Embden, how to undermine the Hanse-Towns, many whereof were Protestants? Do we not find the Dutch assisting the French King against the Protestants of Rochel? Do we not read of Maurice Duke of Saxony assisting Charles the Fifth against the other Protestants? Did not the House of Brandenburgh do the like? Have not the Swedes fought against the Duke of Saxony, and other Protestants in Germany (who were reconciled to the Emperour by the Peace of Prague) and did not the one Party adhere to the House of Austria, whilst the other was supported by France? Have not the Danes fought against the Swedes by confederation with Poland, and the Emperour? In such cases every Party regards the other as Potent, Ambitious, and Injurious Ad­versaries, not as Protestants, and whatever Dammage be­fals the Reformed Religion in the heat of War, it is to be charged upon those that give occasion thereunto, not unto them that are enforced to secure themselves. We must di­stinguish betwixt the Church and State; this War is not commenced against the First, but the Latter; nor doth his Majesty contract to advance the Religion, but Dominions of France: Whatsoever hath, or may fall out as to the Popish Religion being restored in the United Provinces, is not to be imputed unto Us, but unto the French, who are Zealous for its Promotion: His Majesty is but indirectly and by accident concerned therein, it being contrary to his Wishes and Incli­nations, nor can He be said so much as Interpretatively to Will the thing. We ought to distinguish betwixt those events Disting [...] ­dum i [...]ter e­ventus malos, qui naturali quadam [...]olli­gatione, seu [...]secutione nostram actionem co [...]s-quuntur; & eos qui ex aliorum libera voluntate seu malit [...]a s [...]i salent. Esto igitur doctrina ista de indirecta vel interpretativa malorum eventuum voluntate in prioris generis effectibus, vel semper, vel potius plerumque locum habeat; null tanen modo generaliter ad illos casus extendi potest, in quibus eventus malus nullo naturali nostrae actionis influxu, sed ex sola libera voluntatis alienae per­ [...]titate sequitur. Vam ex communi Theologorum sen entia, nemo tunc tenetur ab hu­ [...]smodi actione temperare, si justam aliquam habeat causam rationem (que) faciendi. Ex quöfit etiam, ut tunc neque expresse, neque interpretative mala consequentia velle, vel perpetrare, vel eorum reus esse censeatur.—Bello concordiam quaerit; & siquid in [...]o gerendo praeter votum acciderit, non voluntatis crimen est; sed necessitatis, cujus amari­ssimae sunt leges, & truculentissima imperia.— Hoc posito quod voluntas sit boni, nullus belli eventus eam potest efficere malam, cum bonitas voluntatis ex solo pendeat obje­cto. Thom. Aquin. Quest. 9. Art. 2. which do by a natural consequence follow our own Actions, and those which ensue accidentally, by reason our Allies are of another Religion. Though there may be found a way to [Page 25] argue an indirect, and interpretative Will in the former case; yet that cannot be extended indefinitely to all such evil con­tingencies as arise not from our Wills, but the particular in­tendments of another. And it is a received Maxime amongst the Casuists, that in such Circumstances no man is bound to avoid such enterprises, if He have just Causes and Reasons moving Him thereunto: Nor can he be said either expresly, or interpretatively to Will, or occasion these evils, which thus ensue; nor is He any way guilty of them. If then the War with the United Provinces be Just (which is an unquestion­able truth) if it be lawful for the Protestant King of Great Britain to enter into a League with the King of France, though a Papist (which cannot well be questioned) those considerations ought not to perplex the Consciences of any English man, which arise from the voluntary and subsequent proceedings of his most Christian Majesty. It became the States General at first to weigh those things; they are extrin­sical to our Business: But we ought to take notice with what circumspection as to this point his Majesty hath proceed­ed, by Inviting them to come hither, and securely to profess their Religion in England: Whereupon his Majesty did most piously, and motuproprio, make as great a provision for the sup­port of the Protestant Religion, as it was possible for him in that condition, which the Treachery and Villany of the Dutch Governours had reduced Him unto. They had made the Interests of the two Nations to be incompatible: and as it becomes all English-men to prefer their own Welfare before that of a Stranger; so it is manifest that the Reformed Reli­gion will be in a better Posture by the Grandeur and Puissance of these Realms, than if they fell under the force of Holland. Out of what hath been alledged in Answer unto the first Scruple, there hath been in a manner suggested a Reply unto the Second: Yet I do further say, That his Majesty hath a [Page 26] Cordial and sincere regard unto the general good of the Prote­stants; and how much he regarded the welfare of the Dutch, it doth appear by the Treaty at Breda, the Triple Alliance, and Defensive Articles: It is not in His Power to oblige them further against their Wills; nor is it requisite and fitting that he give up the Rights of England, and abandon the concerns of His natural Subjects for the benefit of Holland. It is for the general benefit of Protestancy that England flourish, rather then be destroyed: Hereunto His Majesty hath bent all His Councils; He neither sought this War, nor ever de­clined a just and honourable Peace: We cannot expect He should perform impossibilities in behalf of the reformed Religi­on in general: and we ought not to amuse the People with insinuations that are either vain, or malitious. Let us rather contemplate the success which hath happened upon the contests betwixt Protestants heretofore: When Maurice aided Charles the 5th. though the Lantgrave of Hesse, and E­lector of Saxony, both were overthrown in the quarrel, yet was not Protestancy it self prejudiced thereby; and the like events have sundry times fallen out: so that we have no such reason to prognosticate these calamities unto the reformed Re­ligion, whether we attend unto experience, or the good will of God in the disposition of affairs: and whilst we perplex our selves about the Hollanders, it may be they are now say­ing, It is good for us that we were afflicted: They may now be reclaimed from their Pride and Insolence, and at once be­come better Christians, and better Neighbours.

But to resume my Discourse: The Reasons aforesaid (did not the more elevated judgement of His Majesty sug­gest unto Him any others) are sufficient to authorize our Amity with France, and Enmity with Holland: Which His Majesty did so conclude upon, as to remember the English interest in preserving Flanders unto the Spaniard: The Embassadour of that Crown (I am sure) hath with repeated Declarations been satisfied that His Majesty did not intend, nor had, by this League, abandoned those thoughts which at first led Him to enter upon the Triple Alliance; and that an Article, to that purpose, was so penned, that a Son of Spain [Page 27] could not have been more express as to that point, then the King of England was. If his Majesty did transact this whole affair with great secrecy, it is an Argument of His extra­ordinary Conduct; which was necessary to so great an affair. If He did not advise with the Parliament about the War, let us believe it not to have been fit that His privacies should be made publick, or that the League should be protracted by their tedious debates: and let us acknowledge that according to the English Laws, His Majesty is sole Arbitrator and Judge of War, and Peace: and if our Kings have some­times advised with their Parliaments about Wars, they were never obliged thereunto.

If that hitherto the Conduct of His Majesty hath appear­ed to be such, that every man must be satisfied with His care and vigilancy for the welfare, and honour of His Subjects: that which I now come to treat of is such an Action, that represents His Prudence to be as great as Clemency; and as by the latter vertue He hath equalled Himself to the best of former Princes, so I am confident that Antiquity, even those Ages, which our Homily terms purer then our's, did never produce any contrivance equal to what I now come to discourse upon; and that is, His Majesties Declaration to all His loving Subjects March 15. 1671. To do His Majesty justice about this point, and to describe the excellency of that advise, I shall choose to imitate the Painter of Crotona, who being to draw the Picture of Venus, assembled all the beautifull Damsels of the City, and by reducing all those perfections which were scattered amongst them into one Effigies, did pourtray His Deity: or as in some Optick Tables, the beautie of a multi­tude of little Figures are transferred, and by reflexion form the Image of some Hero, which is all life, charm and attraict: Thus I will faithfully repeat the several Decrees of the Chri­stian Emperours in the purest times, whose Prudence and Pie­ty hath endeared their memories unto all the Church, and whom the Church of England doth oblige all Her Sons to have in Reverence; and thence it will be manifest that His Majesty hath revived again, with advantage that Piety and Po­licy which is thought to have declined these thirteen hundred years.

[Page 28] Before I descend to the particulars, it is requisite that I de­duce these Counsils of His Majesty from their true Origi­nal; that is, His great Devotion unto, and tenderness for the preservation of the Church of England. Were Our Church retired into the Wilderness, were their Dioceses in the desarts of Thebais, or some unknown corner of the Earth, the Ec­clesiasticks might with safety perhaps attend unto their Devo­tion, and perform in their Cells, Hermitages, and Mandrae, the duties of Religion, with poverty, and without molestation. But since it hath pleased Divine Providence to advance the Christian Church above its Primitive Streights, (want and persecution being originally its allotment) to reduce the Kings and Emperours of the Earth unto the Christian Faith, and to incorporate the concerns of Religion with those of the Empire, other contrivances, other means are necessary to support the Lustre and Grandeur of this Church now, then were practised in its first condition; and those are such as conform with the dictates of humane Policy. It is now no less requisite unto the Clergy that the Nation be puissant, po­pulous, and rich; then it is unto the Layety, and the common interest of all is, that the Monarchy be supported, and Rents duely paid: But these ends could not be accomplished without the Declaration aforesaid. As to the Divisions in these Kingdomes, the Sects and Heresies which distract and afflict the Church, His Majesty is innocent as to their original, and progress: Inimicus homo fecit haec. He did not make them, but found them, and from Holland they were constant­ly fomented. His Majesty not only by His Royal Example, but by sundry Acts of Parliament, and reiterated endea­vours for the space of twelve Years, hath laboured to compose the affairs, and promote the interest of the Church of England; And perhaps if all others, in their proper Sphears, had contribu­ted as much to the removing of Scandals, and re-establishing of the Peace of the Church, there had not been any need to exchange the wayes of Coercion for those of Toleration. But since those pious intendments of His Majesty have been frustrated so long, partly by the negligence and other de­faults of some, and the untamed obstinacy of the Sectaries, [Page 29] it seems the dictate of ordinary Wisdom, rather to endure then attempt the healing of inveterate Ulcers, and to conti­nue them as running Sores, rather then to endanger the whole Body by amputation, or violent, Remedies. It is apparent that this Nation doth want Men to carry on our Trades at home, and Merchandizing abroad: And if we consider how requi­site it is unto the common security that the Naval strength be always great, and that the Fishing be resumed, nothing can be more clear, then that we ought by all possible means con­tinue amongst us the People which we already have, and invite in hither also what Numbers we can of Foreiners. We do not live in the new Atlantis, nor have we for our Neighbours the Natives of China, who desire not to enlarge their Domi­ons; nor any such Potentates as have made a decree not to en­crease their Territories: Our Shores are washed with the British Seas; the United Provinces, and France are our im­mediate Neighbours. Ever since the days of John Olden Barnevelt unto the Reign of John de Wit, the Hollanders have been constantly undermining our Reputation, and our Trade; and our long sufferance had so far imboldened them, as that at length they doubted not by open force, and Clande­stine machinations, to effect our ruine, or reduce us under their protection. Had we been at the same time attacqued by their Fleets, and imbroiled by domestick Commotions, what would have been the condition of our State, and Church? If there be no Trading, how little will the difference be betwixt the alienation of Church-lands, and the receiving no Rents from them? In fine, let the Clergy consider how they are better provid­ed for by his Majesties Declaration, then they would have been by the Pensionary of Holland, and any Placart of the States Gene­ral, and they will see just cause to acquiesce in, and magnify that Prudence which hath preserved the Nation; that Pru­dence whereby our domestick Peace is ensured, our Trade and Strength pnt into a possibility to be advanced; and whereby His Majesty hath obliged the Non-Conformists unto His Ser­vice, whom the Dutch presumed upon as their Friends, and had rendered as it were their Pensioners by their joynt Trade, and the sums of money which had been remitted to Amster­dam: [Page 30] Whereupon they seemed to be the most fitting Instru­ments, and were treated with in order to the involving their na­tive Country in another civil War. It is certain John de Wit omitted not any artifice, or suggestion that might conduce unto these ends: That Faction did not propose to themselves a generous War, the issue whereof might be an honourable and lasting Peace; but such a one as should end in the deso­lation of these Realms, and final subjection under them: Less would not secure unto the Dutch the universal Trade, and the passage through our Chanel for their East-India Ships, whose Voyage by Scotland they complain of as tedious, ex­pensive, and dangerous. Not would the malice of the de Wits satisfie it self with any more moderate terms then the ruine of His Majesty, of His Roy [...]l Highness, and the Court, and a total alteration in the Government. The Pensioner, the better to inveigle the English, pretended that they had no quarrel with the Protestants of this Nation; they beheld them as dear Brethren, and begged they would either divert His Ma­jesty from this War, or pray to God to confound His Coun­sils: that the Advisers of this War were the common E­nemies of both Nations; and from the insinuations of John de Wit came that vulgar jealousie of the designs on Foot, to introduce amongst us a change of Religion, and an Arbitrary Government, by this War with Holland. But those they treated with did not prove such absolute Phanaticks as the great Minister of the States of Holland did imagine they would: Experience had shewed them how difficult a thing it was to overthrow an hereditary Monarch [...], and how impos­sible it was for a Nation inured to Monarchy, divided in inte­rests, discriminated by degrees of honour, debauched in its man­ners, irreconcileable in its factions, to retain its liberty, though Fort [...]ne upon any accident, or attempt, should dissolve its present Monarchy: They did consider the general treachery of Men, and the particular Impostures which their own Par­tisans had deluded them by heretofore; nor could the [...], upon the most diligent enquiries, propose to themselves any Person in whose; hands they could wish the Conduct of affairs entrust­ed, rather then in those of His Majesty; of whose Prudence, [Page 31] Generosity, and Clemency they had seen so great and unexpect­ed Trials. They knew that the Dutch hated the Phanaticks by reason of the dammages they had received by them in the War, 1652, 1653. And that they would never endure England to be modelled into a Republick, especially under the leading of the Phanatick Party: Nor could they believe the design feasible upon this account (though the beginnings should hap­pen prosperous) that all new Governments are weak; and there being two such potent Neighbours adjoyning unto Eng­land, it seemed unimaginable that they should be Passive in the business, and neither of them endeavour to possess them­selves of all, or some of these Realms, and draw to themselves so great and facile advantages, as such a revolution would in­vite them unto. Upon such considerations, besides that regard to the honour of old England, which nothing can obliterate in any English Soul, those generous Phanaticks (who were most of them removed out of the Dominions of His Ma­jesty) did abominate the enterprize, discovered the Plots of the Lovesteine faction, and prepossessed their Friends against the artifices of the Dutch, and fixed them unto the service of His Majesty, and of their native Country. This deport­ment of that supposed Faction, created in the breast of his Majesty better Sentiments concerning their Persons then some of Saturnine Constitutions, and petulant Wits, could ap­prove of.

It did then appear unto the Soveraign judgment of our most discerning Prince, that there was not in those Men such an inveterate Animosity against Monarchy, such an hatred to­wards his Reign, such a rest-less Spirit, as some rash and im­politick Men had inculcated every where: It was manifest then that those heats which Youth, unexperiencedness, intempo­rate and inconsiderate Zeal, Ambition, or Covetousness, had bred in those men, were by Age, a better discovery of the vanity of precipitous Counsils, and the false-hood of pretend­ers to the publick good, Liberty, and Religion, so abated and allayed, that He might presume confidently to employ them in His Service, whom neither the rigour of penal Laws, nor the insolent deportment of their Enemies, in their discourses [Page 32] and writings (contrary to ordinary discretion, the Laws of Christian Charity, and the Act of utter Oblivion) could force into a confederacy with the Dutch. If their malice against the Church, if their covetousness to regain the Ecclesiastical and Crown Lands, had been such as it was boldly represented, cer­tainly in this juncture, and with the ready assistance of John de Wit, those so turbulent Persons (irritated by so many and so bitter Contumelies) would have embraced designes consonant thereunto. His Majesty being very well satisfied with the ser­vices which some of that Party had done Him, and which many others were ready to do; and being desirous to engage them universally unto the defense of His Crown and Dignity (when the implacable and restless malice of His Enemies did necessi­tate Him to employ all His care, and all possible Provision a­gainst their secret and desperate complotments) He issued out that Declaration March the 15th. 1671. to all His loving Subjects, wherein He exempted all sorts of Non-conformists from the execution of the penal Laws against them; but with such a Declaracion of His reverence for the Church of England, such a regulation of the Non-conformists, that whilst His Majesty expresseth himself to be the common Fa­ther of His People, at the same time He demonstrateth him­self likewise a zealous and perfect Son of the Church. He revives the Primitive Policy of Constantine, and acteth like Euseb. de vi­ta Constant. l. c. 24. Petrus de Marca de Concord. Sacer. & Imp. l. 2. c. 10. sect. 7. a Bishop over those that are without, whilest he defends and owns the Orthodox Bishops over those that are within.

The Judgment of the Church of England in Her Homilies, concerning the foure first Cen­turies of Christianity.

FOr three hundred years after our Saviour Christ, the Christi­an Religion was most pure, and indeed Golden—Con­stantine was a Prince of good zeal to our Religion. Homi­ly III. against peril of Idolatry.—In those dayes, which [Page 33] were about four hundred years after our Saviour, the Church was much less corrupt, and more pure then now. Homily II. against peril of Idolatry.

In the Act of Parliament against Conventicles there is this Clause inserted; Provided, that neither this Act, nor any thing therin contained, shall extend to invalidate or avoid His Majesties Supremacy in Ecclesiastical affairs; but that His Majesty, and his Heirs and Successors may from time to time, and at all times hereafter, exercise and enjoy all Powers and Authorities in Ecclesiastical affairs as fully and as amply as himself, or any of his Predecessours have or might have done the same, any thing in this Act notwithstanding. This Proviso puts me upon a necessity of researching into the Ecclesiastical Constitutions of the Royal Predecessours; And I am sure that Constantine the Great Constantius e Britannia, & in Bri­tannia natus, Imperator Britannia sa­lutatus, Romanum, Imperium Britan­niam quasi transtulisse videtur. Selden Analect. Anglo-Britan. l. 1. c. 5. Quanquam postea haud perdiu in domo Constantini Imperium man­sit, ita cito humanae opes cadunt: tamen Deus ipfius Imperii cadere non potuit, cum etiam nunc Reges An­gliae, more majorum, Diademate Imperiali ucantur, ut munere ab Imp. Constantino in suos posteros collato. Id. ibid. ex Polydor Virgil. hist. l. 3. was one of them, who was not onely born in England, but began His Reign in this Realm, and did in a mauner (as Selden Avows) transfer the Roman Em­pire unto Britain. The Imperial Crown which the Kings of England at present wear, did descend unto them as being Successors of the said Constantine. He began his Reign Anno Dom. 306. and continued until 337. He was (and is) e­steemed of by the Church as an Apostle, and sometimes so styled, also the Apo­stle amongst Kings, or one equal unto the Apostles. (Eu­seb. de vita Constantini M. l. 4. c. 60. cum notis Hen. Vale­sii) His President, His Authority is so much the more illustri­ous and great, by reason of the Century in which He lived; And for so much as that the Christian Church deriveth it's first Settlement, and the Hierarchy its lustre, from His auspi­cious Conduct and Decrees. I shall therefore particularly re­late the Transactions of His Age in order to the composing of Sects more violent, more dissonant, more lewd, and not less obstinate, or numerous then those which distract these Kingdomes. And because those Emperours which did suc­ceed [Page 34] Him immediately, lived in those dayes whereon our Church bestowes the aforesaid Elogy, and since they contributed as much by their proceedings unto the Peace and Tranquillity of the Orthodox Christianity, as Constantine did; as also their memory is not less reverenced by the Universal Church; I shall add an account of their deportment.

The Declaration of Constantine the great, concerning a general Indulgence.

I Do desire, O God, that all thy People should live in Peace and Euseb. de vi­ta Constanti­ni l. 2. c. 56. free from dissensions, out of a regard unto the common good of Mankinde: Notwithstanding, let those that are deluded enjoy the benefits of peace and quiet equally with those that believe. For this Regulation of Men under a mutual Amity is an effectual course for the reclaiming of them unto the right way. Let no man molest another. Let every man follow his own judge­ment: Only let well-meaning Persons believe, that they alone live holily and purely, who are regulated by the holy Lawes; and they who with draw from their assemblies, Let them pursue their false Deities, since they will have it so. We are possessed of the truth, which thou hast revealed unto Us: and we wish them in the same condition; that they might participate in the satisfaction which would arise from the general Unanimity of the Empire.

Thanks be rendred unto thee, most great God, and Ruler of Id. ibid. c. 59. all things; for the more that humane nature discovers it self in a diversity of judgements and interests, the more will the true Religion be confirmed in the minds of its Followers. But whoso­ever will not be cured of his Errors, let him blame none but Him­self: For the way to recover him is publick and obvious unto him: But let every one have a care left they injure that Religion, which doth manifest it self to be blameless and unspotted; wherefore let us all make use of the benefits tendered unto us, keeping our Consciences free from what is contrary thereunto.

But let no man prejudice another for being of another per swasion: Id. ibid. c. 60. But whosoever understands any thing, let him, if possible, communicate it to his Neighbour: If it be not possible to prevail, then let him alone. For, it is one thing for a man [Page 35] voluntarily to pursue the race for immortality, and another to compel him by penalties thereunto. I have insisted hereon more largely then seemed to my purpose, because I would not con­ceal or dissemble the truth; especially seeing that some, as I hear, do give out Reports, as if I had interdicted all the Temples, and Kingdome of darkness. I should indeed have given that advice to the publick, but that so many are too obsti­nately prepossessed and fixed in their errors, to the retarding of the general Reformation.

In which Edict Henricus Valesius observes that Constantine In notis ad Eusebium de vita Constan­tini, l. 2. c. 56. did permit unto His Subjects the liberty of embracing and continuing what Religion they pleased. The most pious Prince declares His approbation for Christianity, and recom­mends that unto all his Subjects: He condemns Gentilisme, as false, vain and Idolatrous: Yet doth not prohibit the usual Ceremonies and Sacrifices of the Temples. This was decreed in the beginning of His Reign, when He found the strength of the Christians (including therein all the Sects) not to be suffici­ent to support the Empire, nor to contest with the numerous and potent Painims, whose assistance since he found necessary, he enacted this Toleration for their Religion, and did himself defray the expense of the publick Sacrifices, and retained the quality and habit of Pontifex Maximus, as his Predecessors had done. From wence it is apparent that Julian the Apo­state was not the first that projected a Toleration of all Religions, thereby to destroy the true Christianity; but Con­stantine, that He might advance that Faith. That Empe­rour made sundry Decrees in favour of this large Toleration, which extended not onely unto those without, and were ne­ver by Baptisme or otherwise incorporated into the Christian Church, but unto Sectaries and Hereticks expresly: ad­ding this Clause unto the first of them, which was made when He and Licinnius were a second time Consuls, viz. That this indulgence did extend unto all sorts of Sectaries, Jews, Sama­ritans, Marcionists, Montanists, Novatians, Sabellians, and uni­versally to men of all Religions. The entire Decree is lost, but it is mentioned in this ensuing, which was made upon this ac­count, [Page 36] that some Christians, had complained that by the for­mer Decree the true Church seemed to be injured by being ranked in the same predicament, without any distinction of Preheminence, and to enjoy the same indulgence with the most abominable Sectaries, and execrable Jews.

Another Declaration of Constantine and Licinnius for Liberty of Conscience,

WHereas we had long ago observed that Freedom of Re­ligion, ought not to be denied to any man, but that eve­ry one Eusebius Hist. Eccles. l. 10. c. 5. should have the liberty to pursue and manage the affairs thereof, according to his proper Judgement and choice: We did thereupon decree that all persons, as well others as Christi­ans, should retain and adhere unto the Rules and Profession of their several Sects and Religions. But for as much as divers This part of the Declaration is obscure in the Greek, by reason that the Decree where­to it relates is lost: but I followed that sense which the learned Henricus Va­lesius doth put upon it. Persons have been offended at that Declaration, by reason that in it the several Sects were promiscuously named to be tolerated, [...] if it were indifferent unto us, which of them our Subjects embraced, to the great detriment of true Christianity: After that we, Constantine and Licinnius Emperours [after the overthrow of Maxentius, and the composure of all things at Rome] were happily arrived at Millain, we did consult dili­gently about all such matters, as might conduce to the publick welfare: and amongst many things which seemed of general import, we concluded that there was nothing of greater con­cernment unto the Empire, then the establishing of the worship and service of God: that is, that we should give unto the Christians in general; and all others, the Freedome of their peculiar Religions and Sects, accordingly as their inclination and judgement leads them; to the end that whatever there is of a Deity or Coelestial being, it may be propitious unto us, and our Subjects. Wherefore we upon sound and right Reasons, do enact that none be hindred from the embracing of Christiani­ty; but that every man be permitted to follow that Religion which he thinks most fitting for himself: so God may be in­duced to continue his usual mercies unto Us. It seemed the more necessary that we should issue out this Rescript or De­claration, [Page 37] to the end that leaving out the mention of the variety of Sects and Heresies, and without any reflection thereupon, (as it happened in the first Edict concerning the Christians) nothing may be deduced hence, which seems repugnant to our clemency: as also that henceforth all which purpose to embrace the Christian Religion in general, may freely and resolutely, and without any let, or molestation, do it. The which we thought fitting to signifie unto Your prudence, that you might understand our plea­sure concerning the Liberty to be indulged unto the Christians: To whom as we have granted a plenary and absolute. Toleration, so you are to take notice that the like indulgence is yielded unto all other men in order to their proper and several Religions. It being a notorious truth, that this general Toleration doth highly conduce to the common tranquillity of the Empire at this time: And we are thus reserved in our expressions, to the end that no Sect or Religion may think it self injured or depressed hereby. We Quippe in prima illa Lege quaedam verba erant, quibus & Gentiles, & Christianorum nonnulli, ii scilicet qui a Catholica fide desciverant, Novatia­ni, Montanistae, & reliqui non medio­criter offendebantur, cum se Haereti­cos in ea appellatós viderent. Sed & Christiani seu Catholici aegre ferebant sibi Herericos adjungi, & quasi copula­ri in eadem constitutione. Quam or­bem Constantinus, ut erga omnes se benignum ostenderet, ea verba supressa voluit. Hen. Valesius in Euseb. hist. in Eccles. l. 10. c. 5. add further, in favour of the Christi­ans, that all their Meeting-places which have been confiscated, and either sold, or given to any else, or yet undi­sposed of, shall be gratis restored unto them: And all such Lands as the seve­ral Corporations (or Churches) of them did formerly possess, and have been escheated, these shall likewise be resto­red unto them. And We ordain that this constitution of ours shall be affixed and promulgated publickly, that none may be ignorant thereof. Gi­ven at Millaine, in the third Consulship of Constantine and Li­cinnius A. A. A. 315.

Such was the Indulgence which that renowned Emperour did enact: Whereunto He was induced by a regard unto the general welfare of the Empire: The Painyms, the Jews, and the sundry Sects of Christians were so numerous, so ob­stinate in their opinions, and even their mutual Division was so necessary to the ballancing of the several interests in his [Page 38] unsettled Empire; that if the authority of Tertullian, and Tertullian A­pologet. c. 24. & in libro ad Scapulam c. 2. Lactantius de justitia c. 20, [...]. Lactantius (who was Tutor to his Son Crispus) and the vulgar Principles of the ancient Church, had not warranted His proceedings, certainly Reasons of State would. He had a further reason also for the granting this publick Toleration: It was the constant policy of the Roman Empire, to prohibit all clandestine and nocturnal meetings, though upon pretense of Religion, and of Sacrificing to the Gods. It was not lawful in Rome privately to consult by Augury, or to advise with the Haruspices. The which Law was revived by Constantine Anno Dom. 319.

Cod. Theodos. l. 9. tit. 16. lege 2. Ad populum.

We do forbid the Augurs and Priests, or whosoever deals in Sooth-saying, to resort unto any private house, or to come within any mans doors, though upon pretence of a Friendly visit: The Violator of this Law being to be puni­shed severely. But you that do believe such practises avail­able, go to the publick Altars, and Temples, and there perform the usual Rites and Devotions. For we do not prohi­bit the usage of the old Religion in the day time, and openly.

This political regard was one grand motive for the permis­sion of the open practise of all Religions, that so their vanity, or impiety might be notorious to all: Besides hereby they prevented all private complotments against the State, all pra­ctices that were bestial, or repugnant to Morality. ‘Nihil est scil. velandis fraudibus & sceleribus tam idoneum, quam pri­vatae amicitiae, privati (que) congressus; qui merito dominantibus suspecti. Nam Jacob Gothofred in Cod. Theodos. l. 9. tit. 16. lege 2. ab nullo genere non aeque summum pericu­lum est, si coetus, & concilia, & secretas consultationes esse sinas, quod Cato a­pud Livium lib. 34 dicebat. Sic & o­lim Si qui in urbe coetus nocturnos agi­tabit, capital esto: dei [...]de lege Gabi­nia promulgatum, Qui coitiones ullas clandestinas in urbe confla­visset, more majorum capitali sup­plicio afficeretur. Jac. Gothofr. in com. ad. leg. 12. Tabular. Tab. 9. jam prospectum, Nequa sacra fie­rent in operto. Livius lib. 39. Sic Tibe­rius, ut Suetonius memorat cap. 63. Ha­ruspices Secreto & sine testibus consuli vetuit.’

[Page 39] ‘Hinc est igitur ista nunc Sacrificiorum, &c. Nocturnorum Id. Cod. The­odos. l. 9. tit. 16. leg. 7. prohibitio, nempe quia seeleri favere tenebrae videntur. Unde illa apud Horatium improba vota;’

"Noctem peccatis & fraudibus obiice nubem.
"Notum (que) illud Prudentii;
"Nec teste quisquam lumine,
"Peccare constanter potest.

‘Item Tacitus lib. 14. Quod perditissimus quis (que) per diem concupiverit, per tenebras audeat. Ea (que) ratione fingunt Poetae, Noctem generasse dolos, fraudem, mendacia.’

Constantine having thus prohibited all private Cenventicles, and secret Meetings, and impowred those of any Religion or Sect publickly to profess, and hold their Assemblies for divine worship, and mutual instruction, the Empire yields us this prospect of affairs: The old Religion or Heathenisme Jac. Gotho­fr. de inter­dicta Christia­norum cum Gentilibus communione. Idem in Cod. Theodos. l. 16. lit. 1. lege 1. continued in its former lustre, the Temples, Revenues, Pontifi­cal Offices, and Solemnities (all, or most) remained in being, and under the Protection of the Emperour: as appears by a multitude of Laws in the Theodosian Code. All the great offices of the Empire, in the Senate, and Armies, were e­qually to be communicated unto them, and the Christians. The Jews were in a very flourishing condition under their Hierar­chy of Patriarchs, Primats, Presbyters, and Rulers of Syna­gogues: Cod. Theodos. l. 16. tit. 8. lege 2 cum notis Jac Go­thofredi. All which were by Constantine exempted from all personal and civil charges, which carried much of trouble and expense, and were unsuitable to their Function. As to the Chri­stians, it is most certain that all Sects had their liberty of Profes­sion, and their particular Church-Governments, under their Bishops, &c. So that in 325. when Constantine did summon Selden in no­tis ad Euty­chium Abrah. E [...]lens. de Eccles. Alex­andr. orig. c. 13. Gul. Be­veregius in proaemi [...] An [...] in can. Co [...]. Nicen. 1. a general Council at Nice against Arius, the Writers of the Eastern Church do avow, that there convened 2048 Bishops, of several Sects, who having tendered their Confessions apart unto the Emperour, he fixed upon that of the 318. (perhaps not all Bishops) and those composed that Council, and enacted its decrees; whereunto the Primitive Emperours and Fathers so often refer themselves.

[Page 40] As to those that were Schismaticks and Hereticks of sepa­rate Churches amongst the Christians of those times, the Emperour Constantine did thus demean himself.

Whereas the Laws of the Empire during his Predecessours Cod. Theodos. l. 16. tit. 2. lege 1. 11. 7. cum notis Jac. Gothofredi. had not exempted the Christian Clergy from the trouble and expense of civil Offices, Constantine did free the Catholick Clergy from that burthen, leaving the Hereticks subject thereunto: many of which Offices were such as any Christi­an could hardly comply with; as the attendance upon and de­fraying of the lustral Sacrifices, the Watch and Ward for the Security of the Pagan Temples. The discharge of such em­ployments did contribute very much to the overthrow of the Schismaticks and Hereticks, who had not the opportunity there­by either to qualifie themselves, or to mind their Churches, or to avoid many evident Scandals, which the Catholicks enjoyed.

Whereas the Christian Churches under His Predecessours Ibid. lege 4. cum notis Jac. Gothofredi. were incapable of any Legacies or publick endowments by the Imperial Laws: He continued the said Hereticks under those Laws, and made the Catholick Churches exempt from them.

The Lands which were given either by the Emperour, His Cod. Theodos. lib. 11. tit. 1. lege 1. cum no­tis Gothofre­di. Mother Helena, or the Charity of others unto the Catholick Churches, were exempted by Him (whilest the Church was poor; for when it seemed rich enough, neither was this privi­viledge valid, nor could it receive Legacies from Widowes, &c.) from Taxes and Tributes.

As it was His care that the Catholick Bishops should be men of sound doctrine and exemplary life and charity; so did Jac. Gotho­ [...]redus in pa­ratitlo Cod. Theodos. lib. 16. tit. 2. Id ibid. in pa­ratitlo Tit. 5. He likewise provide that they should be universally reverenced by His Officers throughout the Empire: Their Bishops, their Presbyters, their Churches were mentioned with peculiar Elo­gies and veneration in all imperial Decrees: whereas the He­reticks were either simply named, or with an addition of dete­station and infamy. And after that the Nicene Council had reduced the Church into some form, under a special regula­tion, and distinct Creed (in opposition to the Arians) then did Constantine by this general Law exclude all Sectaries and Hereticks from participating of those priviledges which were [Page 41] granted unto the Catholicks, and the followers of Meletius and Arius were particularly aimed at in the Constitution, who till then, had enjoyed the priviledges due to Catholicks.

Cod. Theodos. lib. 16 tit. 5, lege 1. A. D. 326.

‘Those Priviledges which are indulged upon the account Vide notas Jac. Gotho­fredi. ibid. of Religion, ought to avail only such as adhere unto the Catholick Law: It being our will and pleasure that the Hereticks and Schismaticks, shall not reap any benefit thereby, but be also liable unto several Duties and Offices.’

Notwithstanding the precedent Decrees, it is but equitable that I inform the Inquisitive Reader, that the force of them did not extend unto the Sèct of the Novatians. These were a sort of Schismaticks, who about the Year 250. did sepa­rate from the Catholicks, as having generally Apostatized and Lapsed unto Paganism, during the Persecution under Decius. They were of the number of those which had been Martyrs, or Confessors in those Calamitous times, and would not Communicate with, nor be ordained by those Bi­shops of Italy who had Revolted from the Faith, and were Returned again, and Admitted of others that had Lapsed upon easie terms. They had an Hierarchy of Bishops and Presbyters within themselves, derived from those that had not Apostaztied. They were very severe in their Discipline, for they did exclude from their Communion (though not from hopes of Mercy with God) such as did fall into Apostacy; or other enormous Crimes. Socrates Hist. Eccles. l. 7. c. 25 Extat bodie liber Novatiani de cibis Judaicis, quem ille fic in­scripsit, Plebi in Evangelio per­sistenti. Hen. Valesius in notis ad Euseb. Hist. Eccles. l. 6. c. 43. Id. in notis ad lib. 7. c. 8. Socrates, Hist. Eccles. l. 1. c. 7. Sozomen l. 1. c. 22. G. Beveregius in Concilii Niceni primi [...]anon. 8. They called themselves Cathari, or Puri­tans; and their followers such as continued in the obedience of the Gospel. They were strict in their Conversation, Oxthodox, and Zealous in their Religion; but so averse from the mixt Congregations, and the re­laxed Discipline of the Catholicks, that they Rebaptized such as came unto their Churches from the Communion of the Catholicks. Yet so great a respect had Constantine, and the Nicene Fathers, for this Sect, that a Bishop of theirs, Acesius had his place in that General Council; and a Canon was there made where­by [Page 42] such as came over from them unto the Catholicks, should immediately be admitted to Communion, according to the Ranck they held during their Novatianism, as Laymen Presby­ters, or Bishops: And Constantine, in the year following that Council, made this Decree in favour of them.

Cod. Theodos. lib. 16. tit. 5. lege 2.

We have not found that the Novatians have been so abso­lutely condemned heretofore, as that we should not grant unto them their Requests: We do therefore Enact, that they shall without Let or Molestation, possess the Meeting-Houses appertaining unto their Church, and their Burying­places: That is, such as they have either Bought, or other­wise acquired to themselves, since their Separation. But care ought to be taken that they do not Usurp any of those which before their Schism, did appertain unto the Churches retaining a perpetual Sanctity. Given at Spoletum on the Ca­lends of October, Constantine A. 7. and Constantius Coss. [326.]

The Sect of the Novatians began abont Eighty years be­fore this Law, and upon their Separation, they did Build to Jac. Gotho­fredus in notis ad legem cita­tam. themselves sundry Churches, Oratories, and Caemiteries, or Burying-places. By reason of the Law against Hereticks and Schismaticks (already recited) some began to disquiet the Novatians in the Possession of those Places for Publick Worship, which they had Purchased by ready Money, or other Legal Titles; as if they were declared Hereticks, and known Schismaticks. It is true that Eusebius doth produce a Law of Constantine, wherein the Novatians are mentioned Euseb. de vita Constantin. l. 3. c. 64, 65. first, before Valentinians, Marcionists, and Paulians, and the Assemblies of them, and of all others that Separate from the Church, are Prohibited. The same is Recorded by Sozomen: And it is apparent that they had been condemned Sozomen Hist. Eccles. l. 2. c. 30. by Cornelius, Bishop of Rome long before, and others. The Nicene Council seemed to have determined them to be Schismaticks; and the Emperour himself in that Council, Socrates Hist. Eccles. l. 1. c. 7. did testifie unto Acesius (when He there defended his Sepa­ration) how much he disliked them. But yet Constantine could not find that these Novatians were so rigorously to be censured, or condemned, as that they should be deprived of [Page 43] their publick Churches, and Caemiteries. And with this doth Sozomen agree, who Sozomen, Hist. Eccles. l. 2. c. 32. Novatiani vero, utpote qui bonos du­ctores nacti essent, itidem (que) cum Eccle sia Catholica sentirent de Divinitate, jam inde ab initio permulti fuerunt, atque ita deinceps permanserunt, ni­hil fere detrimenti ex hac lege passi. Nam & Imperator ipse sua sponte ri­gorem legis imminuebat, quippe qui perterrefacere potius quam perdere subditos in animo haberet. Et Ace­sius qui tunc temporis eorum Sectae Episcopus erat Constantinopoli, cum ob vitae sanctitatem Imperatori esset gratissimns Ecclesiae suae, ut verisi­mile est, plurimum adjumenti contulit. having compared the usage which the Hereticks met with under Constantine, he expressly says, That their condition was not so bad as that of the other Here­ticks, and that the Law of Constantine was not executed against them. Their Rulers being men otherwise of peaceable Spirits, and unblameable Lives, and be­ing Orthodox as to the Christian Faith; they received no great prejudice by that Imperial Constitution: Especially since it was not the intention of Constantine rigo­rously to put in Execution that Penal Law, but only to shew his regard for the Catholicks, and his aversion from Herefie and Schism; as also to terrifie the Fanatical, Factious, and Turbulent, whilst he willingly suspend­ed all severe proceedings against the Consciencious and Mode­rate; such as Acesius and his followers were.

In these proceedings of Constantine the Great, we may observe sundry things which carry a parallel to the Intentions, and Procedure of his Majesty. 1. The General Declaration for Liberty of Conscience. 2. The Prohibition of Private and Clandestine Conventicles. 3, The Reservation of all publick Revenues and Endowments untothe Catholicks. 4 The declaration of hisspecial favour unto, and designs of the promoting of the Orthodox I call them Catholicks, it being a Law-term in those days, and sig­nifying no more then such as ad­hered to the Nicene Creed, and were not Separatists from the National Church of Christendom. Catholicks. 5. Upon the known wicked­ness of certain Sects, as the Valentinians, Cataphryges, &c. (which couldnot have been evident, but by giving them an open Toleration at first) His Penal Laws against Schismaticks and Hereticks indefinitely; he reckoning the most Orthodox of Schis­maticks, with the most Vile and Profligate Hereticks. 6. His Relaxation and Suspension of all those Penal Laws as to the Novatians; yet withall, declaring that their Separation was a Discidium, or Schism: That the Catholicks or Orthodox [Page 44] Churches were Ecclesiae perpetuae Sanctitatis. 17. That they should not attempt any way to possess themselves of the Pul­pits, or Churches of the Catholicks.

This was the posture of Religion in the time of Constantine the great; in whose Reign we have nothing further to consider besides the great progress of the Orthodox Church, and the decay of Paganism and Heresies; unless it be some rigorous proceedings of His against the Donatists, and Arians.

The Sect of the Donatists began about the year 311. The Hen. Valesius de Schismate Donatistarum. c. 1. People of Carthage had elected into their Bishoprick, which was vacant, Caecilianus, who was ordained by one Felix: The Primate of Numidia called Secundus was greivously of­fended that Caecilianus had been consecrated by any but him­self, Ibid. c. 2. and joyned with many other Bishops to depose Him, for that He had been ordained by some who had delivered up their Bibles in the Diocletian-persecution; and that He being a Deacon had prohibited Victuals to be brought unto the Confessours in Prison. Seventy Bishops agreed upon His con­demnation, elected and ordained Majorinus Bishop of Car­thage, and renounced all Communion with Caecilianus, who refused to appear and vindicate himself before them. Here­upon arose a great Schism in Africk, and the People of Carthage divided against their Bishop Caecilianus: The Pro­consul Anulinus informed Constantine thereof, who remitted the Examination and Decision of the matter unto a Council at Rome: There Caecilia us was acquitted, and communica­ted with the Roman Clergy: The Donatists will not be con­cluded by this Arrest; the Emperour refers the tryal unto the Gallicane Bishops at A [...]les: These likewise acquit Caeci­lianus, and receive him into their Communion. The Donatists would not thus be satisfied; whereupon the Emperour, be­ing angry, commands both Parties before Him at Rome. The Donatists did appear; but Caecilianus failed: Whereupon the Donatists desired that he might be sentenced as guilty: But the Emperour did refuse to comply with them therein, command­ing both Parties to appear at Millain. The Donatists here­upon concluded that the Emperour was partial in the Case, and some of them withdrew from Court into Africk, the [Page 45] rest were seised upon by the appointment of Constantine, and reserved as Prisoners until the Audience at Millaine. Upon a mature hearing of both sides Constantine pronounced Caeci­lianus to be innocent, and the Donatists to have calumniated Him. Those Schismaticks were very angry at this judgment of the Emperour, and railed upon Him as corrupted by the insinuations of Hosius, a Bishop much reverenced by the Em­perour, and a Friend unto Caecilianus. Those which had fled before unto Africk, defamed the Emperour and those about Him, and such tumults were raised in those Parts, as that the civil Peace was endangered, and Domitius Celsus together Id. Ibid. c. 17. with the other Imperial Officers found it difficult to allay those Seditions. The Orthodox Clergy being perpetually affronted, injured, and oppressed by the numerous and prevailing Dona­tists, Id. Ibid. c. 14. ex appendice Optati. fled unto the Emperour for protection: who writ unto all the Catholick Bishops and People this Letter.

Constantine Aug. unto all the Bishops and People appertaining unto the Catholick Church in Africk.

‘YOu understand very well that I have done all things that our Faith requires, our wisdom could, and our purity enabled us to do by way of moderation and amicable means, that, according to the Precepts of our Law, the holy Peace and Brotherly love (such as God by his grace in­stils into the Breasts of his Servants) might be restored. But because the wickedness and obstinacy of some Persons hath frustrated our intentions, they not enduring to be convinced of those Errors wherein they delight: We must patiently expect until the mercy of God do allay this mischief, which by the means of a few persons doth diffuse it self amongst the populace. It is from thence that we must hope for a redress, whence all good desires and acti­ons do proceed. But until that great Physician be pleased to heal our breaches, we ought to form our minds unto patience, and with composed Spirits suffer all the efforts of their insolence. Do not retaliate any injuries: It were folly to anticipate that revenge, which we ought to leave unto God: especially our Faith instructs us, that whatsoever [Page 46] the rage of the Donatists shall Act against you, will pro­cure unto you in Heaven the Crown due to Martyrs. What is it to overcome on Earth in the name of God, then that the peaceable Believers should undergo the outrages of the wicked? If your sincerity can thus dispose it self, you will soon see by the grace of God that the Ringleaders of this contention will loose their credit, and the People will see their Errors, that they ought not at the instigation of a few to hazard that salvation, which early repentance may ensure unto them.’ Farewel dear Brethren.

This Letter is supposed to have been written Auno Dom. 317 or 318. But this Lenity of Constantine's produced no Id. ibid. c. 15. other effect then that the Donatists grew more insolent a­gainst the Followers of Caecilianus. In the City of Constan­tina (formerly called Cirta) the Donatists being animated by Silvanus their Bishop, did by violence possess themselves of the principal Church, ejecting the Catholicks thence: This Church had been built at the charge of the Emperour, yet would they not restore it upon several imperial Mandates: They proceeded further, to put in execution the penal Laws against Hereticks and Schismaticks upon the Catholicks, making their Clergy to serve in sundry civil and undecent em­ployments. Hereupon the Catholicks did modestly complain, and desired they might not be brought under the penal Laws; and that Constantine would be pleased to grant unto them ano­ther Plot of Ground, whereon they might build a Church. Their Requests were yielded unto, and the Church built at the publick charge. Not long after this there happened a quarrel betwixt Nundinarius a Deacon, and the Silvanus a­foresaid; the former accused the latter to have been himself a Traditor; and convicted Him before Zenophilus Consular of Numidia, who thereupon did inform the Emperour that Id. ibid. c. 16. this fierce Donatist, who had made so great a combustion in Africk, and so disturbed the civil and Ecclesiastical Peace, had been himself a Traditor and by indirect means attained un­to the Bishoprick: Whereupon the Emperour banished Him, and some other of the Donatists Bishops, who were proved [Page 47] to have ordained Majorinus, and rejected Caecilianus not out of any just cause, but out of malice, and by the instigation and corruption of a rich Woman named Lucilla. The Donatists hereupon petition to the Emperour that their Bishops may be recalled from exile, and declare that they will undergo all torments and penalties rather then communicate Id. ibid. c. 17. with that Knave Coecilianus. Although it was impudently done of the Donatists to term Him a Knave whom the Empe­rour himself had acquitted; yet was their desire assented unto; their Bishops were recalled, and a plenary toleration granted unto them; their Madness, or Schismaticalness being left unto the immediate punishment of God, Anno Dom. 321. Some two or three years after this, when Constantine was involved in a War with the Goths, and Licinnius, the Donatists raised greivous tumults throughout Numidia, to Id. ibid. c. 18. the great hazard of the Province in that juncture. After which, if we find Constantine to have proceeded rigorously against them, confiscating their Churches, and giving them unto the Catholicks; or punishing them sundry ways: It will never appear that this was done purely upon the account of Schisme, but by reason of Outrages, Murthers and hor­rid tumults committed and raised by that obstinate and furious Sect. I have shewed how long, and what manner they were tolerated: By the endowments of their Churches, it appears that they were equally indulged with the Novatians. Both these Sects were Orthodox in Doctrine: Their default was Schisme: The Novatians were the more antient and ex­emplary Offenders: and since they were priviledged, who can imagine that the others were depressed for Separation only?

It may perhaps seem strange unto the less intelligent Rea­der, that such tumults should happen amongst the People, in behalf of their Bishops, whither Donatists, or Arians, &c. Athanasius in Apolog. 2. ad Imper it. Con­stantium. Cy­prian. ep. 68. ad clerum & plebes in His­pan. But the wonder will cease when he shall be informed that in the Primitive Ages none could be chosen to be Bishop in any Diocess but where He had formerly lived: The People being assembled together did nominate and elect them: and it was in their power to chose the worthy, and reject the unworthy. [Page 48] The nomination of the several Competitors was not so limited to the People, as that the Clergy (except as in the case of the reconciled Meletians. Socrat. Hist. Eccles. l. 1. c. 9. Petrus de Marca de con­cord. Sacerdot. it Imperii l. 6. c. 2. Athanas. in Epist. ad Or­thoeoxos. So­crates Hist. Eccles. l. 1. c. 5. cum notis Vales. Euseb. de vita Con­stant. l. 3. c. 62. Sozomen l. 1. c. 24.) might not propose any; but their Busi­ness was to Examine if the Election were Regular, to con­sent unto the choice made, and to consecrate the Person chosen: Even the Emperour Constantine did not assume the Nomination of a Bishop of Antioch unto the People, but only recommended some to them, that they might be Nominated by them. But the sinal approbation of the Bishop Elect and Consecrated, was in the Emperour, as to the Or­thodox and endowed Clergy. Thus Athanasius having certi­fied the said Emperour, that he was canonically Nominated, and chosen by the People of Alexandria, he did immediately confirm unto him the possession of the Episcopal See. The Bishop being thus [...]. Philorstogius Hist. Eccles. l. 2. c. 11. Euseb. de vita Constantin. l. 3. c. 60. 62. G. Beve­regius in notis ad Concil Nicen. 1. Canon. 15. Athanasius in Apolog. 2. ad Imperat. Constantium Socrates Hist. Eccles. l. 5. c. 7. Sozomen l. 6. c. 7. Invested in the Bishoprick, was esteemed no less bound unto his Chair and Dio­cess, than the Husband unto his Wedded Wife: He could not exchange his See for another, though Canonically Elected by the voluntary Suffrage of the People of a more Rich and Illustrious Bishoprick: As was judged in the case of Eusebiw, Bishop of Caesaria; and is averred by Athanasius, and others of the Fathers. The Bishop being thus to be Elected, must needs carry himself with great Infinuation, and a specious shew of popular Zeal and Piety, that he might gain their Suf­frages, and being once Enthroned, he had another way besides those Appearances to preserve his Interest amongst them: For he had more or less of Annual Revenue and Incomes to dis­pose of in a way of Hospitality, and he had the charity of the Church to distribute amongst the poor Widows and Or­phans, and Distressed persons, besides the Presbyters, Dea­cons, Eusebius H st. Eccles. l. 6. c. 53. cum no­tis Hen. Va­losii. Sub-Deacons, Acolythi, Exorcists, Readers, Door keep­ers: All which Persons did sometimes in an ordinary Bi­shoprick, amount to the number of three Thousand. The which Circumstances being considered, it is not to be [Page 49] wondered at, if we read of so frequent Tumults when a Bishop then was declared, or in danger to be declared an He­retick, or Schismatick, or to be Banished.

It will not then seem strange if upon the dissention betwixt Alexander the Bishop of Alexandria, and Arius a Presbyter of his, after that the Latter was Excommunicated, great Tumults did follow; For though the Power and Authority did seem Lodged in the Metropolitan, yet did Arius supply that Defect, by his Learning, and Subtilty. He was befriend­ed by many Neighbouring Bishops, of great Repute, and Power; he himself was exceeding Popular, and he framed several Drolling Songs, and Discourses, whith were Sung in Athanasius adu. Arianos Orat. 2. the Streets by the Vulgar, and made the common entertain­ment of all Festivals. Those of the Bishop's party, were Exasperated at these Actions, and being Instigated with Zeal, Indignation, and Interest, they engaged the others in several Quarrels: The Emperour interposed by reconciliatory Let­ters, but to no purpose; for the Arians drawing no Emolu­ment from the Charity of the Bishop, and being subjected to the Ignominy and Odium of an Excommunication, they Eusebius de vita Constan­tini l. 3. c. 4. grew so outragious as to injure the Statues of Constantine: The Pagans fomented the Division, and abetted the Arians, that so they might with more facility ruine Constantine. The Meletian Bishops and their Followers (being Orthodox, yet under an Umbrage, and looked on as Schismaticks by their Metropolitan) did contribute all they could to the support of Arius: So that Constantine was necessitated to call the Nicene Council; where the Tenets of Arius were condem­ned, and those that adhered thereunto Anathematized: But neither was Arius by Name fulminated against, nor did the Hen. Valesius in Sozomen Hist. Eccles. l. 2. c. 16. Council solicite for, but rather pitied his Banishment.

After the censure passed upon the Arians in the Nicene Council, most Ecclesiastical Historians do agree, that Con­stantine did Banish him, and a few other Bishops, his Adhe­rents: Baronius An­no 325. num. 78, 79, 80, 81 Jac. Gotho. dissert. in Phi­lostorg l. 1. c. 9, 10. But the Narrative which they make concerning his Exile, and his Revocation, is so incoherent and defective, that Baronius doubts, and Gothofredus knows not what to make thereof. If he, Theognis, and Eusebius of Nicomedia were Banished; against the latter civil crimes (as Treason) [Page 50] are alledged for the cause: And whether the forementione [...] Tumults, or the sense of any future Broils in Egypt (which was the Granary of the Empire, and prone to Rebellions) Sozomen. Hist. Eccles. l. 1. c. 21. did occasion the Banishment of the others, I know not: Their Fxile was not long, nor were their Followers rigorously proceeded against, but the Edict suspended. And afterwards Athanasius, having succeeded Alexander, is Banished no otherwise then they had been before, by the power of the Arian Faction. Athanasius was sent back again by Constan­tine the Son, upon the Death of Constantine the Great, whereupon he Repossessed himself of the Sea at Alexandria. Upon the Division of the Empire betwixt the three Sons of Constantine, the East fell to Constantius, who finding the perpetual Tumults which arose from this contest, tried many wayes to compose Affairs. The Arians did attribute a greater Power unto the Emperour in matters of Religion, then did the Catholick: And they perswaded him to violate the Canons for Election of Bishops, by Imposing upon the Peo­ple such as he should Nominate, cause to be ordained, and sent. Whereupon he Ejected the Catholick Bishops, and Substituted Arians; the Orthodox were Tormented and Punished sundry wayes, as by Imprisonment, Banishment, Athanasius in Apolog. 2. ad Constantium Imperat. et in Epist. ad Or­thodoxos. &c. and a Toleration given unto all but those of the Nicene Faith. The proceedings of this Emperour not being very Exemplary, I shall conclude the account of his Reign with this Observation. That by reason of this Persecution, Atha­nasius and other Catholick Bishops, moved Disputes, Whe­ther the Emperour had any power to Judge in Ecclesiastical Affairs? And, Whether it were lawful to Persecute any in cases of Religion, with Imprisoning, or Banishment? Athanas. ad solitar. vitam agentes et Sy­nodus Alex­andria apud Athanas. in Apolog. 2. ad Constantium.

Julian the Apostate succeeded Coustantius; He laboured by all means possible to restore Paganism to its pristine Glory. He granted Liberty of Conscience to all the Sects of Chri­stians: But withal, he did equally subject them unto civil Employments, and took away the publick Allowances which had been granted unto the Catholicks. He recalled all the Exiled Bishops, (but did not restore them to their proper Seas) Jac. Gotho­fred. orat. 2. Julianus. and Admonished them, and such as had been Deposed for Scandal, to look after their Churches, and provide for their Parties and Interests, as well as they could.

[Page 51] Whereupon in sundry Cities, there started up two or three Philostorgius Hist. l. 7. s. 4. Socratis Hist. Eccles. l. 3. c. 4. s. 6. Bishops, an Arian, a Meletian, and a Catholick: In some places more. He permitted them to Quarrel, and Fight, and commit all Outrages one against the other; encouraging the Sectaries and Pagans against the Orthodox. This was the Indulgence which he gave unto them, and whereby he designed to overthrow Christianity.

After his Decease, succeeded Jovianus, who was an Or­thodox Emperour; his Reign was but short; he found the Empire divided into Potent Factions of the Orthodox, Arians, Gentiles, &c. Whereupon he declared that he would not molest any Person for his Faith, whatsoever of Paganism, Hrresie, or Schism, he professed: But he should principally Love, Honour, and Favour those which endeavoured to Themistius in Orat. Con­sulari ad Jovi­anum. Restore the Church unto its peace. He restored the Ortho­dox unto their former Immunities and Priviledges, which Constantine had bestowed on the Catholick Church. These proceedings gained unto him this Character, That the Empire Socrates l. 3. c. 25. Sozomen l. 6. c. 3. Phi­lostorgius l. 8. c. 5. Jac. Go­thofredus dis­sert. in Philo­storg. l. 8. c. 5. Socrates l. 3. c. 26. had been brought unto a most happy Posture, as to Church and State, if it had pleased to God to grant him a longer Life.

Upon the Decease of Jovianus, there was chosen for Em­perour Valentinian, and he Elected his Brother Valens for his Consort. They were both Christians, but Valentinian was Zealous for the Nicene Faith, and Valens favoured the Arians as much: Such testimonies had each of them given of his Sincerity, that both did proffer to Die Martyrs, ra­ther that Sacrifice to Idols under Julian. The Artifices of Julian had broke Christianity into so many Sects, and Sub­divisions of Sects, that in every City almost their might be found Two, Three, Four, or more Bishops, all Anathema­tizing Socrates Hist. Eccles. l. 4. c. 1. each other, and most Rebaptizing the Converts, gain­ed from any other Congregation. The East did abound prin­cipally Sozomen l. 6. c. 6. with Arians, (and Macedonians, Eunomians, &c. Which were of the same Sentiments almost) in the West the Interest of that Heresie was much lessened, by the care and pie­ty of Saint Hilary, who by his Christian Prudence, Charity, and exemplary Piety (joyned with as great Indulgence or forbear­ance) did reclaim the Arians in France: Yet were those Hereticks considerable at Millain, and in sundry others places [Page 52] of the Western Empire: As also were the Donatists in Africk, notwithstanding their fierce Persecution under Constans, by Macarius Governour of Numidia. It was then seen that no confiscations of Lands, and Churches, nor Exiles, or the most severe Punishments could extinguish a numerous and obstinate Sect: Whatsoever they endured, they esteemed it as Mar­tyrdom and became Implacable against the Catholicks, as ha­ving solicited that Emperour and his Officials to infest them, contrary to the Rules and Practices of Orthodox Christians. Julian (at their Petition) had re-setled them in their Lands, Churches, and Bishopricks, and their specious Zeal, together with the glory of their Sufferings, had created in the People such a Reverence for them, that they prevailed every were in that Province. They Rebaptized such as they Converted from the Catholicks, and esteemed none to be true Churches but theirs. The Pagans were very numerous and powerful at Rome, in Asrick, and elsewhere, retaining most of their Sa­crifices, and their Rural, and City Pontificate. Valentinian be­holding the Posture of the Empire, Decreed unto his Subjects an Universal Liberty of Conscience, and though he did always Socrates Hist. Eccles. l. 4. c. 1. &c. 29. Soz. l. 6. c. 6. Con­stant. Aug. Porphyrogennet. in excerptis ex Joanne Anti­ocheno. manifest his own Judgment, and Kindness unto those of the Nicene Faith, yet did not he molest those of a different per­swasion. Such was his Demeanour unto the Arians, and to the Pagans: He did not so much as remove the Altar of Vi­ctory, which stood at the entry into the Senate, and where Sa­crifices were offered, and the Christian Senators were com­pelled to assist with their presence. He did indeed prohibit No­cturnal Ambrosius Epist. l. 5. c. 30. Sacrifices, but none else. The first Laws of his concer­ning this Indulgence are lost, but this following sufficiently speaks his Proceedings.

Cod. Theodos. lib. 9. tit. 16. lege 9. The Emppp. Valentinia­nus, Valens & Gratianus A A A. Unto the Senate.

I do judge that Augury or Soothsaying, is not to be ranked a­mongst those Maleficia, or execrable Sorceries, which are Pro­hibited. Nor do I esteem either that, or any other Religion, Cum notis Ja­cobi Gotho­fredi. tolerated by my Ancestors, to be a Crime. Those Laws which I enacted in the beginning of my Empire, do attest this to be my sense I did thereby permit every man to pursue that way of wor­ship which pleased him, nor do wo regr [...]hend Augury, but allow [Page 53] the innocent use thereof. Given at Triers. Gratian A. 11. & Probus Coss. Anno Dom. 371.

The Charactr which Ammianus Marcellinus gives of him after his death, is this. His Reign was famous for the mo­deration Ammian. Marcellin. lib. 3 [...]. used therein, the Emperour carrying himself with an even hand amidst that diversity of Religions: Neither did he molest any one, nor commanded that he should believe and worship thus or thus; neither did he by any menacing Edicts, It is true he did suppress the Mani­chees, but not as Hereti [...], but as S [...]erers and Magicians. Cod. Theo­dos. l. 16. tit. 5. lege 3. cum notis Jac. Gothofredi. incline or [...]ffright his Subjects to embrace the Religion of their Prince: But he left the several Parties untouched, as he found them.

As for Valens he did give liberty of Conscience unto all but the Orthodox Churches, whose Bishops he deposed, banished, and put to death, punishing their Followers by Fines, Impri­sonment, Paulus Diaco­nus hist. mis­ [...]ll. l. 12. Ja­cobus Gotho­fredus in Cod. Theodos. l. 9. tit. 16. lege 9. & lib. 6. tit. 10. lege 7. &c. He tolerated all other Sects and Religions, even unto open Paganisme; except the Novatians, who were sub­jected to like persecution with the Catholicks. Were it pos­sible for to extirpate by violence an inveterate and numerous Sect, that Emperour had atcheived his designs: But at last he found Divisions, Discontents and Tumults to encrease at home, and dangers to threaten him from abroad: and by the perswasion of Themistius (a Pagan Philosopher, Senatour of Constantinople, and Favourite of all the Christian Empe­rours of his Age) he stayed his fury, and left every man to adhere unto what Religion he pleased, without any menaces or pe­nalties Themistius in Orat. ad Valentem. unto the contrary. It is probable, that all Ecclesiastical Immunities and Priviledges were limited by Him unto the Arians: and some say he did continue to send into Exile the Orthodox Clergy; but whither all or some, and whither Socrates hist. Eccles. l. 4. c. 32. Sozomen. l. 6. c. 37. upon a civil or Religious account, tis uncertain. But Themisti­us, doth aver unto him, that he did not by his persecution make any Converts unto Arianisme, but Atheisme, and brought men rather to worship the imperial Diadem, then the true God.

Valen [...]inian had two Sons Gratian and Valentinian, the younger. Their Father died Anno Dom. 375. Gratian was Jacobus Go­thofredus in Chronologia Cod. Theodos. ad a [...]m 375. immediately proclaimed Emperour, and though young Va­lentinian were at that time Augustus, yet did not he share in [Page 54] the administration of the Empire, until the death of Valens. It is observed by the learned Gothofredus, that during the Reign of Jovian, Valentinian the Elder, and Gratian, there is not to be found one Law against Paganisme, in order unto its Id. in Cod. Theodos. l. 16. tit. 10. lege 7. suppression. He did remove the Altar of Victory from the Senate-house; He did withdraw those publick Revennues, and confiscate the Lands which appertained unto the Priests, and Vestals; but neither ejected the Pagans out of the Senate and cheif commands, Military or civil, nor did he shut up, or dispoile their Temples and Altars, or render them incapable Symmachus in relat. ad Theodos. lib. 10. Epist. 54. Ambros. lib. 5. Epist. 31. Jac. Gotho­fredus in Cod. Theodos. lib. 16. tit. 2. lege 20. id. Ibid. tit. 10. lege 7. of Donations and Legacies: In which last point [by reason of a Law made by Valentinian in 370.] the Pagan Preists and Temples were in a better condition then the Churches of the Catholicks: Neither did he prohibite the Pagan Ceremo­nies, but that the publick Sacrifices were continued at Rome until 391. As to the Heretical Christians it is apparent that in the beginning of his Reign, and whilest he ruled onely in the West, that he did make severe Laws against all Hereticks, that they should forbear their Assemblies in City and Country, and that all their Meeting-places or Churches should be con­fiscated. The first Law in 370. is not recorded; but the second runs thus.

Cod. Theodos. lib. 16 tit. 5. lege 4. The Emppp. Valens,

Gratian and Valentinian A. A. A. unto Hesperius P F. P.

We did heretofore (in the behalf of the Catholick Religion, Cum rotis Ja­cobi Gotho­fredi. that the Heretical Meetings might cease) ordain, that where­soever any Assemblies were held, in City, or Country, dif­ferent from those of our Religion, all such places should be It was the form in those days to adde all the Em­perour's names, though but one made the Decree. seised upon and sold, notwithstanding any pretenses to the contrary, as if they were meerly set apart for the practise of a [false] Religion. Whither the connivence and dissembling of the Magistrates, or the refractoriness of those profane Persons shall hinder the execution thereof, the same death shall be inflicted on those that give the occasion. Given at Triers, on the tenth of the Calends of May. Valens and Valentinian being Coss. A. D. 308.

But notwithstanding that this penal Law was so strict, and so rigorously enforced; in the same year, when Valens was dead, the whole Empire devolved unto Gratian, and he im­barked in a War with the Arian Goths in the East, either out [Page 55] of reason of State (to create a good opinion of him amongst Sozomen. hist. Eccles. l. 7. c. 2. Socrates hist: Eccles. l. 5. [...]. 2. Constant. August. Por­phyrogennet. in excerptisex Jo. Antioche­no. Suidas i [...] vote [...] Jac. Go­thofredus in Cod. Theod. l. 16. tit. 5. lege 4. his new Subjects, to prevent Forreign correspondencies with his Enemies, or the better to recal those from amongst the Goths, who were banished or fled unto them from the fury of Valens) or other motives (as disliking the Proceedings of his Uncle in ba­nishing such as were not of his judgement in point of Religion) he by a Law (bearing date at Sirmium) did recal from banishment all those that were exiled for Religion: and gave them free leave to profess what Religion they pleased, and to assemble publickly in their seperate Churches: Excepting the Manichees, Photinians and Eunomians,

Hereupon many Orthodox Bishops did return to their Seas, and in the same Town there was to be seen an Orthodox Bishop (sometimes two, as in the Schisme of Meletius and Paulinus at Antioch) an Arian, Apollinarist and Macedonian Bishop; All of them having recovered the Churches which had been Sozomen. l. 7. c. 2, 3. So­crates lib. 5. c. 3, 4, 5. taken from them. Some of the Catholick Bishops are famed for their condescension and desire of Peace and Unity, in that they proferred unto the Arian Bishops (who were possessed of the great Churches and Revenues) that if they would consent unto an union of Congregations & worship, the Church should be jointly administred by both, the Arians retaining the Precedence.

The Goths, notwithstanding this Indulgence, did so far pre­vaile as to over-run Thracia, Scythia, Mysia, even as far as the Gates of Constantinople, and Gratian found the Western Empire so unsetled by reason of the Almans, that he could not attend unto the Wars of the East, nor yet intrust the young Valentinian with such a burthen: Hereupon He made Theodosius his Co-partner in the Government, and sent him unto the East, reserving unto himself the Government of France, Spain, and Britaine: and unto his Brother Italy, Il­lyricum, Jacob. Go­thofredus in chronolog. Cod. Theodos. A. D. 379. and Africk in the year 379.

Theodosius was no sooner acknowledged Emperour, but he marches against the Enemy, and in Macedonia gains sundry Victories over them, and teturns triumphant in the end of 380 unto Constantinople; where he finds that the principal Churches and their Revenues were at that time, and had been so, dur­ing 40 years, possessed by the Arians: and so were almost all Socrates l. 5. c. 7. the Churches of the East, whilst the Catholick Bishops exercised Sozomen l, 7. c. 2 5. [Page 56] their Religion in obscure Conventicles. Theodosius was a Spani­ard, descended from Christian Parents, educated in the Nicene Faith, and baptized by Acholius (or Ascholius) a most holy and worthy Bishop at Thessolonica, zealous for the same Doctrine. The Emperour determined to cause the Council of Nice to be universally received in the East; but considering how long those Heresies had infested those Countries, how numerous and potent the Hereticks were, the splendour and riches of the Arian Churches, the magnificence of their Service, and the po­verty of the Catholicks, he thought it most prudential to pro­ceed by degrees, and not to attempt so great a work at once. The bloody battels which he had fought, the conquests which he had made over those barbarous Goths, Huns and Alans, had gained him the affection of the Souldiery, and general Love of the Country: The glory of his exploits had im­printed awe and reverence for him in the most remote parts, and any Declaration from such an Emperour would have great in­fluence on the minds of men. Whereupon he published this Manifesto.

Cod. Theodos. lib. 16. tit. 1. lege 2. The Emppp. Gratianus, Valentinianus, and Theodosius A. A. A. unto the People of the City of Constantinople.

We will and require that all those People who are Subject unto the moderate Government of our Clemency should profess and live in that Religion, which the successive Tradition unto this day, shews to have been at first taught the Romans by the Apostle St. Peter; and which it is evident that Pope Damasus doth adhere unto, and which is owned by Peter Bishop of Alexandria, a person of Apostolical Sanctity. That, according to the Apostolical discipline, and Evangelical Doctrine, we may all beleive the Unity of Godhead together with the equal Majesty, and sa­cred [...]rinity of the Father, Son, and Holy Ghost. They that follow this Creed, we commanded to assume constantly the name of Catholick Christians: but those others extravagant and mad Fellows let them be accounted infamous Hereticks: Let not their Conventicles be termed Churches: and let them expect due punishment from God in the first place, and in the second place from Us, according as divine Providence shall direct our Coun­sels. Given at Thessolonica. Gratian V. and Theodosius 1. A. A. Coss. Anno Dom. 310.

[Page 57] This being promulgated, He went to Constantinople, and there sends to the Arian Bishop, to perswade Him to re-esta­blish the Union and concord of the Church, by Subscribing unto the Nicene Creed: but Demophilus refusing to Conforme, the Emperour commanded Him, since He would not leave His Socrates, Hist. Eccles. l. 5. c. 7. Sozomen, l. 7. c. 5. Jac. Gothofred. dissertat. in Philostorg. l. 9. c. 19. Factiousness, to leave His Church, A. D. 380. The which He did, and retir'd into the Suburbs, where the Arians ever after (as long as they continued) did hold their Assemblies. After this the Emperour resolved to call a Synod at Constantinople, and to essay if He could by parties draw off the Sectaries and Here­ticks unto the Catholick Church; whereupon He most amicably invites 36 of the Macedonians, Bishops, thereunto, and 150 Catholicks. The difference between the Macedonians and Ca­tholicks Sozomen, l. 7. c. 7. Socra­tes, l. 5. c. 8. did not seem great, or irreconcileable, and they were Men of a Mortifi'd life and popular Sanctity. But they declined all accommodation: Whereupon He issued out a Decree for­bidding any Sectaries or Hereticks to retain any publick Churches, or hold any Meetings within any City, A. D. 381. Cod. Theodos. lib. 16. tit. 5. lege 6. & tit. 2. lege 3. But that all Churches there should be surrendred up to the Ca­tholick Bishops. By his order a second Convention of Bishops was held, and strict orders were given for the observation of the Ecclesiastical Canons; and such persons were the Bishops He chose for their exemplary life, sound doctrine, and pious govern­ment, that the People and generality reverenced them, and were readily disposed to follow such men in the true Faith, and most expedite way to the Emperours favour, honour and riches. After this He made another Essay to unite the several Sects and He­resies into the Catholick Church; but the project succeeded not: Whereupon He made several rigorous decrees against them, for­bidding them to Ordain any new Bishops, to hold any Assemblies in City or Countrey: Depri­ving Et graves quidem paenas le­gibus suis adscripsit: haud­quaquam tamen executioni mandavit. Neque enim pu­nire S [...]bditos, sed terrere tantummodo studebat, ut idem cum ipso de Divinitate senti­rent. Nam & illos lauda­bat, qui suâ sponte conver­terentur. Sozomen, l. 7. c. 12. them of the Franchises of Citizens, and of the liberty to make any Wills or Testaments; and in a manner Out lawing them. But these Lawes were by Him suspend [...]d, and not put in executi­on. For, it was the method of Theodosius, to enforce His Lawes with grievous penalties; but not to execute them: He did not intend to Persecute His Subjects, but to affright them [Page 58] into the same Sentiments with Himself concerning the Deity And He did particularly commend those who voluntarily did embrace the Nicene Faith.

For the truth of this Assertion let us consider how Theo-dosius dealt with the Novatians; For, If to separate from the Cathelicks; If to condemne their Churches as d [...]filed and impure; If to re-baptise such as revolt thence to Novatianisme, can be sufficient incentives for penal Laws: then were these men lyable thereunto, and concluded under their rigour. It is unanimously avowed, that the Nova­tian Bishops were all this time highly valued, and consulted with by Theodosius, and Nectarius his Bishop of Constantinople. It is Socrates, Hist. Eceles. l. 5. c. 10. also affirmed that the Novatians were not excluded from the Cities, but permited to hold their Assemblies there: And the Emperour admiring the Harmony of their Confession with that Sozomen, Hist. Eccles. l. 7. c. 12. & lib. 8. c. 1. of the Catholicks, did Enact that they should securely retain their Oratories, and that their Churches should enjoy the same Pri­viledges which those of the Catholicks did.

As to the Arians, it is likewise recorded, that He did not Persecute any of them (after He had excluded them from As­sembling within Constantinople) but onely Eunomius: And Eu­nomius Socrates, Hist. Eccles. l. 5. 20. (together with His Sect) was not properly an Arian; for He did equally rebaptise and re-ordain those of the Arian and Orthodox Party which came over unto Him. He was banished for not obeying the Decree of the Emperour, but continuing to hold private Meetings within Constantinople. The said Ari­ans persisted openly to hold their Meetings without the City of Constantinople in the dayes of Arcadius and Honorius, making a Socrates, Hist. Eccles. lib. 6. c. 8. splendid procession thorough the Streets, and singing Anti­phons as they went unto their Churches. In fine, Procopius doth assure us, that, notwithstanding the many and severe Lawes Zozomen, lib. lib. 8 c. 8. which we read of against Arians, and other Sects, yet there were Hereticks openly tolerated in the Empire untill the dayes of Justinian, with their Churches Procopius in Histor. Arca­nâ: ex edit. Alemanni, p. 51. richly adorned; such were those of the Monta­nists and Sabbatians, &c. Particularly the [Page 59] Churches of the Arians were so splendid, that Erant quidem, Alemanne, [complures Christianorum Sectae, quas vulgò Haereses vocant: Manichaeorum, Samaritarum, &c.] Sed tamen templa & fana ubi­que locorum possidebant. Illa verò praesertim quae Arianorum furori servie­bant, auro & argento gem­misque & pr [...]sis lapidi­lus, omni denique divitia­rum & opum genere incre­dibiliter abundabant. Tho. Rivius in defens. Justiaian. adu. Alemann. p. 62. Cod. Theodos. lib. 16. tit. 5. lege 21. nothing in the Roman Empire could compare with them: they had also large Revenues throughout the Empire, Having never been molested by any Emperour from their first Origi­nal untill the dayes of Justinian.

After that Julian had restored the Donatists unto that Liberty which Constans had deprived them of, they enjoyed their Churches, their Bi­shops and freedome (with little molestation) untill the Reign of Honorius. Theodosius had made a Decree against such Hereticks as should either give or take Orders, that they should pay Ten pounds of Gold, A. D. 392. This Law was pressed by the Catholicks against the Dona­tists, to be put in execution, when the extravagancies of that Sect were such, that they seized the Churches of the Ca­tholicks, slew some of their Bishops, beat and murthered di­vers Jacob. Go­thofredus in Cod. Theo­dos. lib. 16. tit. 5. lege 39. Presbyters: yet was it not put in force untill the dayes of Honorius, A. D. 405. Nor did the Synod at Carthage importune the Emperour to enforce it but in such places as the Catholicks should be violently assaulted in.

I might enlarge my Discourse about this subject unto the suc­ceeding Emperours, Arcadius, Valentinian II. (who de­creed unto the Arians an ample Toleration, and commanded that their Churches should be restored unto them, even that of St. Am­brose's Cod. Theo­dos. lib 16. tit 1. lege 4 cum notis Jac. Gotho­fredi. within Milaine, A. D. 386. upon pain of death) Arca­dius, and Honorius: and so down to the Age of Justinian. From whence I might draw materials to illustrate the Question, Whe­ther it be greater wisdome to attempt the suppression of numerous, rich, and obstinate Hereticks (they not being like unto the old Manichees, Basilidians, or Priscillianists, &c. upon whom are fixed the imputations of Magick: or occasion of crimes that are universally infamous, and inconsistent with Humane Society) by rigorous Edicts? Or, to indulge them for a time, and by more gentle meanes to contrive and pursue their conversion? But I have confined my self unto that Century which Our Homily recom­mends unto me; and unto those Emperours, whose prudence and [Page 60] piety all Ecclesiastical Writers do extoll, and by whose meanes Christianity was principally advanced. The subsequent Princes were Children, or commonly of weak intellectuals: and they are proofes of little efficacy which are alledged unto any of the Church of England out of the Sixth Century. Though even there I find the Emperour Justinian Alemannus in Procop. hist. arc. p. 56. Jac. Gothofre­dus dissert. in Philostorg. l. 10. c. 3. tolerating the Hexacionitae, who were the chief of the Arians, into the fraternity of whom the Gotthish Kings in Italy usually were admitted. However I will insert some cases out of Ecclesiastical History which are deduced out of the Fifth Century, and relate unto the times of Honorius, who made more Laws then any Emperour against Hereticks.

Socrates, Hist. Eccles. l. 7. c. 11.

‘ CElestinus being Bishop of Rome seized upon the Churches of the Novatians which they had within Rome, and compelled their Bishop Rusticula to hold his Assembly in ob­scure and private houses. For untill that time the Novatians lived at Rome in a very flourishing condition, having many Churches and abundance of People resorting thereunto. This raised Envy, and that was the cause of their overthrow, now that the Bishop of Rome was Cyrill Bishop of Alexan­dria, that See being raised [...]nto a Principallity, did shut up, about the same time, the Churches of the Novatians at Alexandria, and seized on the Furniture: and afterwards confiscated all the Estate of Theopemp­tus their Bishop. Socrates, l. 7. c. 7. advanced into a Secular Magistracy, in like manner as was the Bishop of Alexandria. Up­on this score it was that the Roman Bishops would not permit those to keep their separate Assemblies, who were otherwise as Orthodox as themselves: but having commended them much for their Consent in matters of Faith, they dispossessed them of all they had. The No­vatians at Constantinople were not used so, but were exceedingly beloved there, and their Churches tolerated within the City.’

The Character of Atticus Bishop of Constantinople. Socrates, Hist. Eccles. l. 7. 2.

‘IN the beginning of the Reign of Theodosius the younger, Atticus was Bishop of Constantinople, a person of excel­lent learning, piety, and prudence: from whence it happened [Page 61] that the Catholick Church did encrease much in his days. For He did not only countenance and uphold those of his own Religion, but astonished the Hereticks with the apprehension of His sin­gular wisdome. He did not at all desire to molest and perse­cute them; but sometimes He would terrifie them a little, and then oblige them unto Him by gentleness.’

The Character of Proclus Bishop of Constantinople, under the same Emperour. Socrates, Hist. Eccles. lib. 7. c. 41, 42.

‘ PRoclus, Bishop of Constantinople, was a man of as excel­lent Moralls as any one in the world: For, being Edu­cated [...]. under Atticus, he did studiously imitate his vertues; but he was of a greater patience and forbearance then his Master, who would upon some occasions shew himself severe towards the Hereticks: But Proclus was all gentleness, purposing thereby, rather then with compulsion, to gain them unto the Church. He did not molest or vex any Heresie in being, but left unto the Catholicks the renown of mildness and charity, ac­cording to which He had demeaned Himself. He had for His patterne Theodosius Himself, who had taken a resolution not to exercise His Imperial Authority against those that were ob­noxious: and Proclus was likewise determined not to regard such as differed from Him in their Sentiments concerning God. For this reason did Theodosius love and honour him: For the Emperour Himself was of such a frame of spirit as becomes the true Priests of God, neither could He endure those that de­lighted Socrates lived in his dayes. in Persecution. I dare boldly say that He surpassed all the true Priests of God that ever were, in meekness; according as the Scripture saith of Moses in the Book of Numbers, that He was the most Meek of all men upon earth; so may I say of Theodosius, that He was the most milde and obliging Prince in the world: And for this reason God hath subjected His Ene­mies unto Him without fighting.’

Such have been the proceedings, such the presidents of those Excellent Emperors in the purest times, whereby they contri­ved How to settle and advance the Orthodox Church, amidst va­riety of numerous and potent Sects. But how renowned soever these Princes are for their prudence and piety; there is not any of their projects (no nor all of them summed together) which [Page 62] may compare with the Declaration of His Majesty in order to the preserving at present, and re-setling for the future the Church of England.

If the Primitive Emperours did publish their own judgments concerning the Orthodox Church, thereby to insinuate unto their subjects which way they wished and desired them to conform their Opinions: If they did extend several priviledges and emo­luments of Revenue and Legacies unto the Catholicks, which the Sectaries were not to receive: Behold what His most Sacred Majesty doth declare!

‘In the first place We Declare our express Resolution, Meaning, and Intention to be, That the Church of England be preserved, and remain entire in its Doctrine, Discipline, and Government, as now it stands Established by Law: And that This be taken to be, as it is, the Basis, Rule, and Standard of the General and Publick Worship of God; and that the Orthodox Conformable Clergy do receive and enjoy the Revenues belonging thereunto; and that no person, though of a different Opinion and Perswasion, shall be exempt from paying his Tythes, or other Dues whatsoever.’

Hitherto the Ancient Politicks concur with the modern prudence of His Majesty; yet there is this advantage on the part of the Church of England above what the Primitive Chri­stians had, that the Revenues of the Conformists are better set­tled, and greater by far then the Nicene Fathers, then the Hil­lary's, the Basil's and the Nazianzen's could pretend unto: And the power and dignity which our Bishops hold as Spiritual Lords (not to mention their influence upon the subordinate Clergy) hath nothing parallel to it in the four first Centuries, except we should seek for particular instances in Rome and Alexandria. Jac. Gotho­fredus in Cod. Theodos. lib. 1 [...]. tit. 10. in Paratitlo. Here are no Pagan Pontifices, Sacerdotales, Agrorum Hiero­phantae, &c. to rival, much less transcend them: No Jewish Patriarchs, Primates, Archisynagogi, &c. that equal them in Titles, and are to be respected and exempted, by Franchisements equal unto theirs. The common Schools and Universities are Id. Ibid. tit. 8. in Paratitlo. not now (as Athens in the time of Nazianzen; and generally the Professors and Sophistae) devoted to Gentilisme, but managed by the Church. The Parliament (as of old the Senate) doth not consist of Paynims, or Arians, &c. Those which sway in [Page 63] our Councils, and in the Magistracy, are now no such kind of Men as heretofore. From whence it is easie to conclude that If the Orthodox Church did advance it self in the Primitive Ages, amidst those circumstances, there is no fear that the Church of England (which takes that Antiquity for its pattern as to Doctrine and Discipline) should be ruined amidst much bet­ter conditions.

His Majesty doth further adde; ‘That no person shall be capable of holding any Benefice, Living, or Ecclesiastical Dignity or Preferment of any kind in this Our Kingdom of England, who is not exactly Conformable.’

This is, conform unto the Presidents of Constantine, Theodosi­us, &c. who did require an exact Subscription to the Ni [...]ene Council: Thus Athanasius and S. Hilary, &c. urge an unalter­able Conformity to the Decrees of the Three hundred and eigh­teen Bishops at Nice: From thence the Fathers never would re­eede: Athanasius & nonaginta per Libyam & AEgyptum episcopi, in epistolâ ad Episcopos in Africâ. And when the Emperour Constantius at the Councils of Sirmium, Ariminum, &c. had formed sundry Comprehensio­nal Creeds, whereunto both Arians and Catholicks might, sa­ving their sundry judgments, subscribe: the best of the Fa­thers totally rejected the contrivance, and those, which, out of a desire for the Union of the Church, had assented thereun­to, did soon repent themselves: for thereby the Orthodox Church received extraordinary prejudice. The Nicene Fa­thers, and the Catholicks seemed to have condemned the pra­ctices of their Chief Prelates and of themselves, in making so great a Schisme, and fulminating out Anathema's against their Brethren for needless words and forms, which the Church might want, and which they now expunged. The Arians triumphed every where as Victors, the whole World seemed to follow them, and the rest appeared to be justly exiled, and scorned, who had raised such Divisions and Animosities in the Church and State about Trifles. Hereupon the Comprehension was ut­terly dissolved, and never resumed again in old Christendome, as the most foolish and impracticable design that could be. Upon this precedent did the D. of Saxony rather proceed by a special form of Concord, then by any General and Comprehensional course: [...]hus did the Calvinists in the Synod of Dort: The Romanists in the Council of Trent: Q. Elizabeth in her Sub­scriptions. [Page 64] Thus have all wise Princes done, except Charles V. who by an ill-favoured Interim tried the other way, but with so bad success, that 'tis no president for His Majesty. How Orthodox soever the Novatians were, yet were they ran­ked alwayes amongst the Hereticks and Schismaticks; nor did the Church ever project a Comprehension for them. It is true the Primitive Emperors did grant them the same priviledges with the Catholicks; which I believe did help to continue their Schisme so long: But herein the Judgment of His Majesty seems more clear and elevated, in that He doth not imbolden any Pre­tenders unto Orthodoxy to be Schismaticks, by communicating with them His publick favours, &c. equal emoluments with the true Sons of the Church of England. As we do now reckon all Separatists whatever under the Name of Non-Conformists (albeit they differ as much as Novatians, Basilidians and Ma­nichees) so did the Antient prudence esteem them all Hereticks and Schismaticks: And if the hopes of preferment, if the ho­nour of a publick Church, be not motives sufficient to make some men Proselytes to the Church of England, It is rational, to think that the being indiscriminately mixed in such a loathsome company and character, may operate upon the minds of many to abate of their preciseness.

It follows, ‘We do in the next place Declare Our Will and Pleasure to be, That the Execution of all and all manner of Penal Laws in Matters Ecclesiastical, against whatsoever sorts of Non-Conformists or Recusants, be immediately suspend­ed, and they are hereby suspended.’

His Majesty herein writes after the Copy of the Primitive Times; The Penal Laws are suspended; the Defaults, the He­resie, the Schisme are not authenticated. The punishment is taken off, the guilt is not: None is encouraged hereby unto Se­paration, but indulged if he do separate. They are still Non-Conformists to the Church of England; They are still Recusants as to the Law; They may assemble publickly, but 'tis under P. AErodius Rer. judicat. l. 1. tit. 6. c. 1 [...]. this ignominious denomination. What power properly belongs to the Church, is entirely reserved unto it by His Majesty. Ecclesia enim jus Judicii habet; Imperii, minimè. They are Spiritual Fathers and Judges: their Authority, their Censures are not suspended: The Parliamentary and Secular Laws are [Page 65] invalidated for a season; which is conformable to the Ancient Proceedings: It is not declared that They are not Hereticks, or Schismaticks; but that They shall be tolerated though such. It is one thing to encounter an Heresie or Schisme in the begininng, and another when it hath made a large progress. Then it may be suppressed easily, and the publick receives little prejudice by the banishment or ruine of a few. But in the latter case, it is to be considered that the Kingdom receives a great and irreparable damage in its strength, in its trade, in its unanimity, if Multi­tudes come to be exiled, or impoverished: The Manufactures may be transported into foreign Countries, as happened in Flanders upon the persecution there by the D. of Alva: Se­crets of State and Interest may be divulged: Or if they will not retire, foreign correspondences and complotments may hap­pen to be driven on by the enraged or desperate, to the ruin of the Kingdom and Church. If the revolt of Africk to the Van­dals, If the revolt of Italy unto the Goths, were an effect of the rigorous usage against the numerous and obstinate Donatists, and Arians: If the progress of Mahometanisme was facilitated by the severity practised against the Arians in Syria, AEgypt, and Africk; I would fain know whether the Church benefited more by the Indulgence of the first Emperours, or rigors of the latter? It was a Rhodomontado of Philip II. King of Spain, that He had rather have no Subjects at Quantum inde vulnus aerariis Regis inflictum sit, quid atti­net dicere, cùm res ipsa om­ni testificatione luculentius clamet? Sed vincit amor fi­dei, & cupido propagandae pietatis, quam sibi cum scep­tris, & prae sceptris, commen­datam tuendamque suscepit. Alex. Patricius Atmacan. Mars Gallicus, lib. 2. c. 30. all, than those He had to be Hereticks. By such Max­imes the Moors, the Jews were ejected Spain. If a Wise-man examine the consequence of this o­pinion, He will find that the Exchequer of Spain hath been exhausted, the Revenues infinitely les­sened, the strength and riches of the Kingdom mightily diminished, several Provinces lost, the Monarchy scarce able to support it self: And is this nothing unto the Bishop and Canons of Toledo?

Next, It is Declared, ‘That there may be no pretence for any of Our Subjects to continue their Illegal Meetings and Conventicles; We do Declare, That We shall from time to time allow a sufficient number of Places, as they shall be desi­red, in all parts of this Our Kingdome; for the use of such as do not Conform to the Church of England, to meet and assem­ble [Page 66] in, in order to their Publick Worship and Devotion: which Places shall be open, and free unto all persons.’

This Paragraph contains a part of Wisdom which is superiour unto any thing the Fourth Century doth suggest unto me about this Subject. Hereby His Majesty understands the Place, the Persons meeting, and their Numbers; and may (the access be­ing free) inform Himself of the Doctrine taught, of the Disci­pline practised, and of the Immoralities that may happen amongst some Sects, which may resemble the Valentinians, Gnostics, Basili­dians, Priscillianists, &c. Those Sects which most distract the Church, and subvert the Common-wealth are such, as cannot bear the Light, and a publick view. There cannot be a more Moral certainty that neither Church, nor State shall be damnifi­ed by these Schismatical Assemblies, then this, That His Ma­jesty doth allow the Place, and Teacher. Amongst the old Here­ticks and Schismatics, the Emperors never had the Approbation of their Bishops; but they were Elected and Ordained, and ad­mitted without His privity. This occasioned great troubles to the Emperors, and to the Schismatics themselves; for as they sometimes chose out of faction, at other times they were deceived by the Hypocrisie of an Ambitious person (who was to rise by a seeming piety and cajolling of the populace) so the Emperors did persecute them frequently for the disorders and misdemeanors of their Pastors, and were forced to enact Laws against those Hereticks, that did ordain, or were ordained. Something like unto what His Majesty doth, I remember to have Tanta fuit in Theodoricho cura ejus quam non profitebatur ipse Religionis, ut optimos ei semper Episcopos daret. De quo sic nepos ejus Athalarichus (Cassiodor. varior. l. 8. cp. 15. Senatui Urbis Romae.) Gratissimum nostro profitemur animo, quod gloriosi domi­ni avi nostri respondistis in Episcopatûs ele­ctione judicio. Oportebat enim arbitrio bo­ni principis obediri, qui sapienti deliberatio­ne pertractans quamvis in alienâ religione ta­lem visus est Pontificem delegisse, ut agno­sceretis illum hoc optâsse praecipuè, quatenùs bonis sacerdotibus Ecclesiarum omnium reli­gio pullularet. Recepistis itaque virum, & di­vinâ gratiâ probabiliter institutum, & regali examinatione laudatum. H. Grotius in Pro­legom, ad Hist. Gotthorum. read of in the life of that brave and wise Goth, Theodoric King of Italy. He was an Arian, yet did tolerate the Orthodoxe, their Bi­shops, and Churches. And it is ob­served, that whilest He had the Approbation of the Catholick Bi­shops, the Churches were better served then ever: He inviolably adhered unto the Indulgence gi­ven, and placed His interest in approving of such Bishops onely as [Page 67] were peaceable, and pious: Nor did They endeavour to serve their private ends, but the Church, in their Mini­stry; because that such courses might endanger their Bi­shopricks, which were held but precariously of the King. Whosoever shall compare this Declaration, and way of meeting, with that Act, whereby four besides the fami­ly might convene; under any Teacher: will discern the saga­city of Our King, who hereby prevents the Blasphemies, Gross Errors, un-moral, and pernicious principles which might be inculcated into his subjects privily that way by the illite­terate, ignorant, wicked Teachers (as Ranters, &c.) who might be retained.

I cannot but take here notice of that Ancient Prudence and Respect unto the Church of England, which His Ma­jesty shews in the form of His Licences, wherein He doth not vouchsafe unto their Assemblies the Name of Churches, but Meetings, and their Instructor is called a Teacher, not Cod. Theodos. lib. 16. tit. 5. lege 26. & tit. 1. lege 2. a Pastor or Presbyter, which is exactly consonant to the Edicts of Theodosius the Great, and His Son Arcadius.

His Majesty concludes, ‘And if after this Our Clemen­cy and Indulgence, any of Our Subjects shall presume to Abuse this Liberty, and shall Preach seditiously, or to the Derogation of the Doctrine, Discipline, or Govern­ment of the Established Church, or shall meet in places not allowed by Us, We do hereby give them warning, and De­clare, We will proceed against Them with all imaginable se­verity: And We will let them see We can be as severe to pu­nish such Offenders, when so justly provoked, as We are In­dulgent to truly Tender Consciences.’

Those that preach Sedition do abuse their Liberty, and if they suffer thereupon, the Indulgence to Tender Consciences is not vio­lated. To be obedient unto the Magistrates in Civil affairs; To walk orderly, and without giving offence: these are indisputa­ble Duties of Christianity. If we consider the example of Our Sa­viour, he fulfilled all Righteousness. If we regard S. Paul, he retracts the harsh Language which he had given unto the Jew­ish High Priest; and at Ephesus He was not found Blasphe­ming, or Reviling the Gods of the Gentiles. In the Levitical Law [Page 68] there was a precept Not to blaspheme the Gods: And it was a tenet of the first Christians, that they ought not to blasphome, or rail against the false Deities of the Pagans, lest They should give the Gentiles occasion to blaspheme the true God. There is a Canon of the Church, which denies unto them the Glory of Mar­tyrdom who should disturb a Priest at his Sacrifice, or demolish their Altars and Idols. Such a reverence had They for Govern­ment, and so great a care to preserve the Peace. The Donatists were persecuted by Constantine, Constans, and Honorius, by rea­son of the frequent tumults they made, contemning the Au­thority of the Emperors, seising violently the Churches of the Catholicks, committing intolerable outrages upon their persons, sometimes killing their Bishops and Clerks: Whereas the No­vatians demeaning themselves Civilly and Peaceably, were not molested. The Arians were enjoyned by the Great Theodosius to hold their Meetings without the City of Constantinople; And were peaceably suffered there: But when They began to hold Socrates hist. Eccles. l. 6. c. 8. Sozomen. hist. Eccles. lib. 8. c. 8. other unlawful Assembleis in the publick Porticos of the City, though not to worship therein, but to sing certain Antiphons which tended to Sedition, and unto the disparagement of the Catholicks: there arose a tumult thereupon, and several were AErodius ver. judicat lib. 1. tit. 6. c. 15. ssain on both sides; whereat the Emperor was incensed, and sup­pressed those Meetings as unlawful: and such Hymns were inter­dicted. Thus much I find recorded; but I do not remember that any of the Antient Emperors did express such a concern for the Church in their Edicts, as His Majesty doth manifest in His Royal Declaration, viz. that None shall preach what derogates from the Doctrine, Discipline, or Government of the present Church, then which nothing can be more prudential, or conducing to the pub­lick tranquility. Their Teachers may instruct Their Flocks, and those (as I may say) that are within: But not judge those that are without. If they do establish their supposed Truths, the Con­trary tenets fall of themselves; and it is a needless, if not a sedi­tious attempt to expatiate against the Religion that is National. The Sectaries ought to consider the Umbrage they are under; and to walk warily upon that account, as well as upon this mo­tive, that in cases of Treason and Rebellion greater caution is used, and less proofs suffice then in lesser crimes: They [Page 69] must not only be innocent, but free from the suspicion thereof: For the consequences of Sedition are so dreadful and horrid, that no wise Governor will stay till it manifest it self by open actions, but he puts a stop to what hath a tendency that way. And if any one shall at any time find Himself abridged in his Liberty for any such misdemeanor, He must blame himself, and not the State, which ought to be jealous of small matters where the Common welfare of the Kingdom is likely to be endangered. The precedents which I have alledged for Indulgence conclude nothing in this case; for even those Emperors did not esteem Actions un-moral, or Seditious to fall under the notion of a Tender Conscience. It behoveth therefore All the Nonconformists, in common Gratitude, to be Civil and Respectful unto that Church whereof their Indulgent Soveraign is a Member: It be­hoveth them in common prudence, not to enervate, or sub­vert that Government which protects them: It behoveth them according to the common Rules of Christianity, to be wise unto Sobriety; to walk worthy of that Liberty whereunto they are called.

As to the Sons of the Church of England, I can suggest nothing unto them in this juncture of affairs, that is comparable with their own principles. The Homily against Contentions is the most perfect Summe of all that can be said about Moderation. They profess to gather their Doctrines out of the Fathers: And they will never erre at this time in their deportment, who shall con­sult those Oracles; Neither will any thing conduce more unto our peace, then that our Church conform themselves unto those illustrious and pious precedents which They have transmitted un­to Us, How to deal with obstinate and condemned Hereticks. I am more convinced by S. Hilary, then the more modern di­ctators of Ecclesiastical Policy. The former treated the Ari­ans with much mildness, and regained them unto the Church, without the assistance of the Secular power: And there is a great difference betwixt the addresses of the African Fathers un­to, and for the Donatists, and what I can find in the present In­cendiaries. I dare not be so bitter in my expressions, and so un­charitable in my Censures, against the Non-Conformists; because the Fathers do not allow of it; Nor is it consistent with that Charity which thinks no evil; nor with the Homily against Con­tentions, whereunto our Clergy subscribes. It is there that I [Page 70] read How taunts and Satyrical invectives are forbid: ‘It is there that I read How a Scoulder and a Taunter is reckoned (1 Cor. 1.) with Thieves and Idolaters. We are not to eat with such: And many times there cometh less hurt of a Thief, then of a railing Tongue; for the one taketh away a Man's good name,’ the other taketh away his riches, which are of much less value then his good name. A Thief hurteth but Him from whom he stealeth: ‘But He that hath an evil tongue troubleth all the Town where He dwelleth, and sometimes the Whole Countrey. And a railing tongue is a pestilence so full of contagiousness, that St. Paul willeth Chr [...]ian Men to forbear the company of such, and neither to eat nor drink with them. And whereas he will not have a Christian Woman should forsake her Hus­band, although he be an Infidel: or that a Christian servant should forsake his Master which is an Infidel and Heathen: so that He suffers a Christian maen to keep company with an Infi­del: Yet He forbiddeth us to eat with a Scoulder, or Quarrel­picker.’ I dare not entertain so severe thoughts against the Ge­nerality of the Non-conformists as to say that their obstinacy ari­seth from malepertness and a Peevish Humour. I allow that they are deluded, but S. Salvian tells me that ‘ a man may erre with an upright intention, and pious designs. The Truth is lodged in Salvian. de gubernat. Dei. lib. 5. the Church of England, but they think themselves possessed of it. The right Worship of God is amongst us, but they think their wayes to be right: And whatever Impiety they are guilty of, they do not esteem it to be such. What they are unto us, we seem to be unto them: And how they shall be judged for their erroneous opinions at the last day, He alone knows who is to be their Judge.’ Whence is derived this new mode, of ren­dring evil for evil? of cursing them that perhaps do not curse us? Doe we think to convert Men by Satyrs? or winn upon En­glish Spirits by contumelious language? or make men love us, by proclaiming them for Hypocrites ungovernable, and intolerable Sectaries? do we think to reconcile affairs by repeating mat­ters? Pardon me, ye modern followers of Idacius and Itha­cius, if I imagine the example of S. Martin to be most au­thentick in our Church! I dare not say that a Belief of the in­differency, or rather Imposture of all Religion, is now made the most effectual (not to say the most fashionable) Argument for [Page 71] Liberty of Conscience, Because I know that Neces­sity Vires quae supersunt tem­pestivè fovendae sunt, nè pe­nitùs deficiant. In extre­mis consilia etiam necessita­te honesta fiunt; ac Sinu­anda vela cùm tempestas ju­bet. Omnia maris mala naufragio minora sunt: & Gubernator, ut aureis Curtii verbis utar, ubi naufragium timet, jactura quicquid ser­vari potest, redimit. Pute­anus in Statera Belli & Pacis. of State, and Salus populi, are superior there­unto, and much more in fashion: And whosoever understands the Controversie, must know that there are considerable Arguments for it; and 'tis a great mistake in History for any Man to say, That Tolera­tion (after Ecclesiastical Censures are passed) is onely cried up by oppressed parties. It is an effect of the same Ignorance, for any man to say, That Tolera­tion is inconsistent with Government: That 'tis bet­ter to abrogate penal Laws, then to suspend them in this case. I cannot believe that to be the course to ruine the Church, whereby it appears to have been setled: Nei­ther can I comprehend How the Toleration of numerous, potent, and inveterate Sects or Factions, should be so destructive to Government: Since that I find hereby that Constantine, Valen­tinian, and Theodosius the great; as also Theodoric, did most hap­pily compose their affairs; whilst Honorius, Justinian and others by rigorous Counsils have ruinated fair Empires, and renown­ed Churches. Whosoever compares the antient and modern Sectaries, will find the Manichees, the Piscillianists, and Ba­silidians the more fanatical: Compare the Ages that was the more ignorant and brutal; Compare the persons, those were the more subtle, perfidious, and designing: There is in an English­man a native temper which carries with it innocence and simpli­city: Evil principles have not usually here those violent transports and effects which seem inevitably to be deduced from them. The president of the Late war is most ignorantly made use of at present: It arose from a complication of causes which cannot possibly concur again in this generation; And it is a gross para­logisme to argue, that because in a broken and dissolved Govern­ment this or that ill effect was produced by Fanaticisme: there­fore it will occasion the like calamities in a composed State. Or, because when Men apprehended not the evils thereof, they were thus and thus transported; therefore they will fall into the same extravagancies, after they have paid dearly for their er­rors. Or, because that when all our neighbors were engaged in war, some designing Men thought they might securely attempt a change in the Government; therefore they will complot the [Page 72] same now when the circumstances are altered. By the same reason that all these horrid consequences are charged upon the Sectaries, one might argue against choler and other peccant hu­mors in the bodies of Men; yet 'tis certain that they ballance each other by their contrariety, and their proportionate mix­ture (they retaining their several natures) doth make that desi­rable thing called Health. Nay, it is evident, that even diseased bodies, with a moderate care, do subsist and live as long, or longer then those that seem more sound of complexion: When we have made as bitter harangues against the Spleen, Gout, or that unequal constitution of a cold stomach and hot liver, as any Scholar of Ben. Johnson against Schisme and Liberty of Consci­ence: yet it will never be demonstrated that it is better to en­danger, or absolutely to destroy the patient, then to permit him to live (as long as others) under such intolerable distempers. What ne­cessary connexion is there betwixt Schisme, Heresie and Rebel­lion? Why must diversity of Religions introduce Civil dissentious unavoidably? Were not the Religions of the Noachidae, or Pro­selites for inhabitation and that of the Circumcised Jewes quite different? Was not the Religion of the Alexandrian Iewes and Christians different from that of the Romans, and AEgyptians? Was not that of the Babylonish Captives different from the Worship of the Persians? Was not there something peculiar in the precise Iewes that was more likely to create tumults and disturbances, than can be found in any English Sectaries? And had not they greater opportunities to create Rebellions in Egypt, and Babylon, by reason of their Princes, or AEchmalotarchs, then our Schismaticks here have, who are not so much as united un­der Bishops? The which is remarkable in order to our future hopes for the re-establishing of our Church; since Episcopacy is a powerful remedy against Schisme, and the Macedonian He­reticks, when they turned Presbyterians, and ceased to chose any Bishops over them, they continued not long after in being, as Ecclesiastick Historians do observe. To conclude; the Secta­ries are irreconcileably divided one against the other: The pe­nal Lawes unite their Interest against the Government: But Indulgence continues them dis-joyned. Which is the most se­cure course?

[Page 73] If the case were to be determined by such as understood any thing of State-affaires, the Judgment of the fam'd Monsieur La Noue (in his discourses) and of Bodin (in his Common­weale) Alberic. Gen­tilis de jure belli, l. 1. c. 10. & in com­mentat. de jure belli, p. 28. and of Albericus Gentilis (the Dictator of Civil Law in the dayes of Queen Elizabeth) not to mention others, would signifie much in the debate. I shall conclude with the Report of AErodius how the cause hath been adjudged.

P. AErodius rer. judicat. l. 1. tit. 6. de haereticis, c. 9.

LEt us thus decide the c [...]se: ‘When an Heresie first be­gins, it is best to punish the Author severely, for so it will be easily suppressed. But when it is farr spread, and hath taken deep root in mens mindes; if the parties have no other intents, then to Worship God in their way, as the Christians desi­red under the Pagans; then so much may be indulged unto Hereticks, as (without approbation thereof) the present exi­gency requires that we should dissemble, and tolerate. The Emperour Julian did by a Law approve of Liberty of Conscience, when He (as Ammianus Marcellinus relates it, lib. 22.) did by name recall from banishment all the exiled Hereticks, and ordained that every one of them, of what Sect of Christians soever, should speak and teach according to his inclination. Why did He ordain this by a formal Law, and Edict? Be­cause by the solemnity of the thing, the Hereticks would be more imboldened to make use of their utmost Liberty, whence dissensions would arise, and the Christian Bishops be­come exasperated one against the other, to the subversion of Christianity, and confirmation of Paganisme. This He did so Let our pseu­do-politicians mark this, and they will find that the Penal Lawes are much better suspended by an extraordi­nary Declara­tion, then by an Act of Par­liament. little conceal, that the Emperour Honorius, by a rescript un­to Hadrianus, caused the Edict which He had made in favour of the Donatists, to be publickly affixed, that every one might know the purposes then on foot. It is certain that He wills and intends the growth of Heresie, who fortisies it by a Law: who commands that the Appellation be not esteemed infamous: Who in preferments and employments of State, makes no difference betwixt the Heretical, and Orthodox. But He connives onely at them, who either delaies, or gently inflicts his punishments: [Page 74] Who forbids that they be inquired after: Who prohibits all proceed­ings by Law against them: Or who, to prevent greater evils, doth so indulge them, as to express the particular reason there­of. As for example, Pope John I. was sent on an Embassy to the Emperour Justin by Theodoric the Arian King: and He obtained a Toleration of the Arians in the East, to prevent the indignation of Theodoric against Italy, which He threat­ned to lay waste, in case that Justin continued His persecution of the Arians. When a Kingdom is brought to these reso­lutions, men ought not to despond, or prognosticate fatal in­conveniences, when Lawes are indulged; there is still a great influence upon the mad multitude, by the example of the Prince, and the unblamable life, sound doctrine, and great learning of the Orthodox Clergy. Thus we resolve the Question, if bare Heresie be the Subject thereof: But if other Crimes mingle with Heresie; if they be swaied by Ambition, and not an ima­ginary piety: if the Hereticks propagate their Sect by force and violence, not gentle pcrswasion; then the Prince ought to prosecute them in such manner as the Senate of Rome did the Festivals of Bacchus: or as it is usual to proceed against Trai­tors.’

I think I may now put a period unto the Discourse about In­dulgence, which I have so managed as becomes a Son, and a Friend unto the Church of England, as well as a lover of the peace and welfare of his Native Countrey. I have not debated the point of Prerogative in particular; partly because, what was said heretofore about the Deity, is true concerning these Gods on earth, It is dangerous to tell even the truth concerning their Essence: partly, because I could not do it without offending, if not prejudicing the Church of England. I do not think it convenient or seasonable, that we should minutely inquire, whe­ther, All the Power which was owned to be in the Pope at the La­teran Councill, were vested in K. Henry VIII. Or to examine strictly what the purport of those words are, that The Kings of this Realme shall be taken, accepted and reputed the onely Supreame Head on Earth of the Church of England, called Anglicana Ecclesia, and shall have and enjoy an­nexed [Page 75] and united unto the Imperial Crown of this Realm, as well the title and stile thereof, as all Honours, Dignities, Prehe­minences, Jurisdictions, Priviledges, Authorities, Immunities, Profits and Commodities to the said Dignity of Supream Head of the same Church belonging and appertaining. Our Laws doe likewise tell us, that the King is the onely and undoubted su­pream Headof the Church of England and Ireland to whom by Holy Scripture all Authority and power is wholly given to hear and determine all manner of causes Ecclesiastical. Which passages whosoever shall discreetly consider, He will esteem of these Arcana Imperii as matters which no wise man will search into, that affects the tranquillity of these Realms. To exemplify this further; did not Q. Elizabeth dispense with the Act for coming to Church, and connived at the Popish Service in private Hou­ses, in a manner without punishment, although it were prohi­bited by the Law under a pecuniary mulct? This Indulgence she used for thirteen years: And when the Statute was made a­gainst the bringing in of Bulls, Agnus Dei's and hallowed grains, &c. (privy tokens of Papal obedience) or to reconcile any man unto the Church of Rome: yet was there no man in full six years proceeded against by that Law. What imports it, whither a Law, be suspended by Practice, or Declaration? Her Reign doth afford some instances of Toleration, as also do the Primi­tive Times, which I have declined to mention; But yet they are instances of what a Prince may do upon Reason of State, and against which I have not met with any Father, Bishop, or Lawyer that hath protested.

I thought to put an end here unto this Preface, which is grown prolixe beyond my intention. But I met lately with a Book, written by an English Lawyer in 1640. and tendered to the Parliament, which requires some Animadversions there­upon: The Case is about Ship-Money but there is an excursi­on against the English Soveraignty of the Brittish Seas, the which since I have so perspicuously asserted against the Dutch, it seems necessary that I do not suffer it to be betrayed by the English: I am sorry to find a sort of Civil war betwixt the Temple, and a faction in Lincolns-Inn: and I wondered who [Page 76] had suggested unto the Dutch those principles of refusing the Flag, and denying our Rights on the Sea, until I found this Book to have given them a pretext thereunto. If I be any thing sharp in my reflections thereon, I may be p [...]doned, since those assertions are less to be endured in an English man, then in an The case of Ship-Money briefly dis­coursed ac­cording to the grounds of Law, Policy, and Consci­ence, present­ed to the Par­liament, Nov. 3. 1640. Hollander: After the writings of Selden, it is strange to find a Subject of the King of Great Britain, that doubts Whether the Sea be a part of the King's dominions? and adds, ‘But grant the Sea be a part of the King's Dominions to some purposes, How is it a part Essential or equally valuable, or how does it ap­peare that the Fate of the Land depends wholly upon the Domi­nion of the Sea? France subsists without the Regiment of the Sea, and why may not we as well want the same? If Eng­land quite spend it self, and poure out all its treasure to preserve the Seignory of the Seas, it is not certain to exceed the Naval force of France, Spain, Holland, &c. And if it con­tent The ancient strength of Shipping in England here­tofore, consi­dering the condition of our Neighbors, did farr transcend ours of late. it self with its antient strength of Shipping, it may re­main as safe as it hath formerly done. Nay I cannot see that either necessity of ruine, or necessity of dishonour can be truly pretended out of this, that France, Spain, or Holland, &c. are too potent at Sea for Us.’

‘The Dominion of the Seas may be considered as a meer Right, or as an Honour, or as a Profit to us. As a Right it is a Theame fitter for Scholars to whet their Wits upon, then for Christians to fight and spill blood about. And since it doth not manifestly appeare, how or when it was first purchased, or by what Law conveyed unto Us, we take notice of it onely as matter of wit and disputation. As it is an Honour to make others strike saile to us as They pass, it is a glory fitter for wo­men and children to wonder at, then for Statesmen to contend about: It may be compared to a Chaplet of Flowers, not to a Diadem of Gold: But as it is a profit unto Us to fence and enclose the Sea, its matter of moment; yet it concernes Us no more then it doth other Nations. By too insolent contestations hereupon, we may provoke God, and dishonour our selves; we may more probably incense our friends, then quell our enemies; we may make the Land a Slave to the Sea, rather then the Sea a Servant to the Land.’

I mention this passage to shew the Frenzy which possessed the [Page 77] Heàds of many that would be reputed Patriots and Defenders of the Laws and Liberties of the English Nation in 1636, &c. But there are some fatal periods amongst these Northern Regi­ons, when the Inhabitants do become so brutal, and prejudi­cate, that no obligations of Reason, Prudence, or Conscience and Religion can prevail over their passions, especially if they are instigated by the Boutefeus of the Law in opposition to the Gospel of Peace and Obedience. At another time, it would have seemed strange, that a Common-Lawyer should doubt whi­ther the Sea be a part of the King's Dominions? Whereas our Laws, and Parliaments have alwayes decreed it to be so. It is strange that one of that Robe should controvert our Right there­unto, or scruple How it was purchased, since in Vulgar Titles the Common Law looks no farther then Prescription; and in explication thereof; they are not so nice as the Civilians: [...]or by the Civil Law there is required a Just Title, which the Common Law requireth not: And Bona fides, which the Com­mon William [...]ul­beck's Pan­dects of the Law of Na­tions. c. 4. Law requireth not: and continual Possession, which the Common Law only requireth: And This He might have seen proved in Mr. Selden, and Sir John Boroughs. If it be true that the Sea is free, according as some Civilians have writ­ten, this can no otherwise be understood, then as it is com­monly said, The High-wayes are common and free, by which is meant that they cannot be usurped by private persons, for their sole proper service, but remain to the use of every one: Not therefore that they are so free, as that they should not be un­der the Protection and Government of some Prince, and that See the Plea of Chizzola for the Veneti­an Sove­reignty over the Adriatick Sea, at the end of the English Sel­den: and [...] Arch­bishop of Ja­dera, in [...]is supplement of the History of the Us [...]chi. every one might do licentiously, all which it pleased Him, ei­ther by Right or Wrong: forasmuch as such licentiousness or A­narchy is abhorred. both by God and Nature, both by Sea and Land. The true Liberty of the Sea excludes it not from the Protection and Superiority of such as maintain it in Liberty, nor from the Subjection to the Laws of such as have command over it; rather necessarily it includes it. The Sea, no less then the Land, is subject to be divided amongst men, and appropriated to Cities and Potentates; which long since was ordained of God, as a thing most natural; and this was well understood by Ari­stotle, when He said, That unto Maritime Cities the Sea is the [Page 78] Territory, because from thence They take their sustenance and de­fence; a thing which cannot possibly be, unless part of it might be appropriated in the like manner as the Land is, which is di­vided betwixt Cities and Governments, not by equal parts, nor according to their greatness; but as They have been, or are able to rule, govern, and defend them. Berne is not the greatest City of Switzerland, and yet it hath as large a Territory, as all the rest of the Twelve Cantons put together: And the City of Noremberg is very great, and yet the Territories thereof hard­ly exceed the Walls: And the City of Venice for many years was known to be without any possession at all upon the firm land. Upon the Sea likewise, certain Cities of great force and valour have possessed a large quantity thereof, others of little force, have been contented with the next waters: Neither are there wanting examples of such, who notwithstanding they are Maritime; yet having fertile Lands lying on the back of them, have been contented therewith, without ever at­tempting to gain any Sea-dominion; Others who being awed by their more mighty Neighbours, have been constrained to forbear any such attempt; for which two Causes, a City, notwith­standing it be Maritime, may happen to remain without any possession of the Sea. God hath instituted Principalities, for the maintenance of Justice, to the benefit of Mankind, which is necessary to be executed, as well by Sea as by Land. S. Paul saith, That for this cause there were due to Princes Customs and Contributions. It would be a great absurdity to praise the well­governing, regulating, and defence of the Land, and to con­demn that of the Sea: and if the Sea in some parts for the ampleness and extream distance thereof from the Land, was not possible to be governed and protected, that proceeded from a disability and defect in Mankind; as also there are Deserts so great upon the Land, as it is impossible to protect them; witness the many Sandy parts of Africa, and the immense vastities of the New World. As it is a gift of God, that a Land by the Laws and publick power be ruled, protected and go­verned, so the same happens to the Sea: And those are de­ceived by a gross equivocation, who aver, that the Land, by reason of its stabilîty might be subjected, but not the Sea, for [Page 79] being an unconstant Element, no more then the Air; foras­much as if They intend by the Sea and the Air, all the parts of those fluid Elements, it is a most certain thing, that They cannot be brought under Subjection and Government, because whilest a man serves himself with any one part of them, the o­ther escapes out of his power: but this chanceth also to Rivers, which cannot be detained. But when one is said to rule over a Sea or River, it is not understood of the Element, but of the site where they are placed. The water of the Adriatick and Brit­tish Seas continually runs out thereof, and yet is the same Sea, as well as the Tiber, Po, Rhine, Thames or Severne, are the same Rivers now which they were one thousand years ago. And this is that which is subject to Princes by way of Protection and Government. If any man should be demanded the Questi­on, Whether the Sea should be left without any Protection, so that any one might do therein well or ill, robbing, spoiling, and making it un-navigable? This would appear so ridiculous and uncouth a demand, that all intelligent men would peremptorily deny it: From whence it is easie to collect, that the Sea ought to be governed by those to whom it most properly appertains by the Divine Disposition: And if so, is it fitting They should do it with the expence of their own Treasures and Blood, or rather that such should contribute to it, who do equally enjoy the be­nefit? To this any man may form a ready answer, and say that the doctrine of S. Paul is clear in the point (not to alledge matter of Law) that such as are under government and protecti­on, are thereby bound to pay customs and contributions. Where­fore if the Republick be that Prince to whom it appertains to protect and govern the Adriatick Sea, it follows necessarily, that whosoever navigates it, ought to be subject to their Laws, in the same manner as such are who travail through a Countrey upon the Land.

Thus the case is argued by the Venetian Lawyers: and that Republick is so jealous of the Dominion of the Adriatick, that they would adventure their totall subversion, rather then aban­don that which our Discourser doth so slight. It is thereby that Venice doth principally subsist; 'tis thence that she derives both [Page 80] strength and riches; and the loss whereof would immediately ru­ine all her possessions on the Terra firma: whereas that being pre­served, the Terra firma being lost was easily regained. If the Dominion of the Sea be such a trifle as this Politician of Lincoln's Inne doth imagine. What Fooles have been the Emperours and Kings of the world to insist so much thereon? How strange is it Joan Palatius de domin. Ma­ris, l. 1. c. 8. that in such a Foppery even Old Rome, and Greece, Christendome and Turky should agree? Is it possible that They should all con­spire to make this a State-secret, (even the Hollanders them­selves in the East-Indies.) which is not worth the regarding? If it be an errour, 'tis almost authenticated by the consent of Nations; and it seemes incredible that so many ages, amidst such a variety and dissonan [...]y in Ministers of State, should never discover the vanity thereof, whereby They have obliged their Land-Territories to a defense of the Sea, and made it a slave thereunto (as by the Dane-gilt each Hyde of Land was charged for Sea-service) with so much imprudence. What Feminine Humour hath possessed the English for so many Centuries of yeares, that they should so rigorously insist upon the Right and Honour of the Flagge? Nor is it peculiar to this Nation, even France hath more then once been involved in the same folly, by Joan. Mar­quardus, J. Comitus de jure Mer­cator. l. 2. c. 5. & 41. &c. Leo ab Aitz­ma, p. 177. Jo. Locceni­us de jure ma­rit. l. 1. c. 4. & 10. Enacting several Decrees for it, and contracting for it in their League with the Hollanders in 1635. And the Swedes and Danes have likewise concerned themselves about that point, (as well as the Dominion of the Sea) in 1645. The several Sects in England have a [...] sundry times determined for it, in con­tinuance of this usage in our Admiralty: The rigid Presbyte­rians; the haughty RUMP; and the furious Fifth-Monar­chy-men; and that HYPOCRITE CROMWELL: And we see from what Original the Pentionary De Wit, his abettors and Partisans, do transcribe their Tenents. This Nation never was guilty of this Fanaticisme, of abandoning the Dominion of the Seas: None were ever so ignorant and unskilled in Politicks as to contemne that whereupon the most wise and most potent Nations have established their puissance. If we will not regard the presidents of more antient times, let us call to minde the glorious Reign of Queen Elizabeth. Her great [Page 79] Civilian, Albericus Gentilis, assures me, that those Empires are Meminerimus etiam, atque etiam, clau­dum esse Im­perium, si non & maris sit. Imò Imperium maris impera­re terrae quo­que. Alberie. Gentilis dis­put. Regal. 2. but feeble, and lame, which have not the Dominion of the Sea annexed unto that of their Lands: Nay, that the Dominion of the Sea is of such importance, that whosoever is possessed thereof, and enstated therein, may dispose of the Soveraignty at Land as He pleaseth. That Queen at her first coming to the Throne, found this Kingdome in a farr worse condition then it is now: the Popish Interest was much more powerful in riches, number and nobless: the Exchequer very low, and the revenues of the Crown altogether inconsiderable. The Spanish Monarchy was then in its grandeur, terrifi'd all Europe, and proposed to its self no less aimes then those of the Universal Empire. Sundry Councils were formed for the security of Her Majesty amidst so great hazards and difficulties, and several projects for advan­cing the Royal Revenue. Amongst others Dr. John Dee (whose kindness She requited with a visit at Mortlack, and bestowed on him the Title of Her Mathematician) being looked upon as a curious and intelligent person, and very much honoured by many of Her favourites, communicates a project out of the Life of Pericles in Plutarch, and Thucydides, showing that the onely way for the Queen to be secure of Her subjects at home, and against Her Enemies abroad, without infusing any jealousies into the Heads of Her Subjects, was to encrease Her Fleets to such a constant strength, that She might instill terror into Her Neighbours, and veneration in­to those Princes which were more remote from Her Majesty; that hereby She would multiply Her Mariners and Sea forces, (the best offensive and defensive strength of Islanders) encrease Na­vigation and Commerce, (which would improve the Riches of Her Cities, and Townes, and raise the Rents of Land (whereby Her Subjects would be better enabled to assist Her) and aug­ment the Crown revenue by Customes and Imposts: neither would any Forreign Prince dare to tamper with Her Subjects to Her prejudice, whilest She could awe them by Her Navy; nor would Her Subjects, however incensed, dare to make any Domestick Commotions against a person so redoubtable abroad. He urged the President of K. Edgar, who, though He were Sur­named Flores Histo­riar. Radul­fus Cestrensis. Matheus West­monasteriensis the Peaceable, did ensure His tranquillity by a constant Navy Royal of 4800 Ships: the which He divided into four Stations, in the four Seas, and those He visited in Person every [Page 80] Summer. He inculcated the Glory of Pompey, whose Honour had this for its principal foundati­on, [...]um oram maritimam praedo­nibus liberasset, & Imperi­um maris populo Romano Re­stituisset; Ex Asiâ, Ponto, Armeniâ, Paphlagonia, Cappadociâ, Ciliciâ, Sy­riâ, Scythis, Judaeis, Al­banis, Iberiâ, Insulâ Cre­tâ, Bastarnis: & super haec de Regibus Mithridate & Tigrane Triumphavit. Plinius nat. Hist. l. 7. c. 26. that He had restored to the Romans the Domi­nion of the Sea. But above all He pressed the advise and example of Pericles and the Athe­nians, and by the glory thereof He excited Her Majesty to fix upon the course of strengthening Her Navy Royal. The Queen did embrace the advise, and within the compass of a few years, (not full four) Her reputation grew great, the trading and tillage infinitely did encrease, Her Coffers began to replenish, Her Subjects were rich, loved and reverenced Her. She was cal­led by Forreigners The Queen of the Sea, the North-Starr, the restorer of the Naval Glory: Gambden's Elizabeth. An. Dom. 1561. and in 1503 the Parliament presents Her with two Subsidies, the Clergy giving one, the Layety another, toge­ther with two Tenths and two Fifteenths; and amongst their reasons for this gift, this is one, That She had repaired the Fleet, and made unexpected preparations for Warr and Navigati­on. In 1567 Her renown diffused it self into the most Nor­thern parts; Russia Courts Her to encrease the English Trade thither, a Muscovy Company is founded, and endowed with great Priviledges in that Kingdome; the King himself, Vasilowich, being ready to put himself into the protection of this famous and potent Princess. And the Grand Seignior being astonished with the exploits of that Queen against the Spaniard, did ex­hibit special Honours to the English Embassadour at Constantino­ple: The Fame She had won by Her Naval Expeditions having Lord Bacon in his Answer to a Libell, pub­lished in 1592 c. 7. given Her reputation throughout the World, and that procu­red unto Her Realmes tranquillity at home, and riches abroad. If we enquire into the felicities of Her Reign, which had all their original from Her regard unto the Dominion of the Sea; and the advancement of the Fishing Trade; you will find a great encrease of Inhabitants, new Manufactures introduced, Ships and Merchandizing encreased, Wealth flowing in so that a multitude of beautiful Palaces were built, the Towns and Ci­ties were enlarged, Plate, Jewels, and sumptuous Moveables were every where in great plenty; great provision of Horse, Id. ibidem, c. 2. [Page 81] Armour, Weapons, and Ordnance of VVar. In fine, never had the English Merchants so much respect abroad, never so great Priviledges, never so few injuries, and so speedy reparati­ons, as under Her, that is, under a Prince POTENT AT SEA, and RENOWNED.

This recent and famous President of Q. Elizabeth ought to add courage unto every English Spirit, and rather excite in them an Emulation, then despondency. The most generous pas­sions are alwayes the most becoming, and now such are absolutely necessary; and if we do not with Gallantry acquit our selves of this war, if we do not regain our Honour, draw the Fishery unto Us, and break the Dutch Trading, I dare turne Fortune­teller to the English, and assure them, They never shall be able to manage another war, much less have the same opportunities; Since that Ireland is in a peaceable condition, and Scotland ensu­red to us by the prudence and conduct of that moderne Heroe, the Duke of Lauderdale; insomuch that those brave Soules antici­pate our wishes, They do not attend our motions, but chuse to give rather then expect noble examples of Loyalty; since that our forreign Plantations do flourish, and our Trade at present ex­ceeds any that England heretofore possessed, since we no longer fear Spaine, and can say of His Most Christian Majesty, This potent King is our Ally: Our circumstances are much better then those we were in at the beginning of Q. Elizabeth's Raigne: and it will add to the ignominy of this Age, that a VVoman should dare to attempt greater things then Men dare to imagine now. We are not to build ships; the care, vigilance, and indefatigable industry of His Majesty hath prevented us in that important point; Our Coyne is not imbased as in those dayes, nor our City so poor that Six thousand pounds should be the greatest sum, with the Loan whereof the necessities of our Prince may be supplyed. England hath been oftentimes in a lower condition then it is at present: as in the end of the Reign of King Henry VIII: In the days of K. Edward VI. the Commons were constrained to supply the Kings wants by a Taxe of Sheep Cloaths, Goods, Debts, &c. for three years. We are not so weak as we conceit our selves; we Stat. de an, 2 & 3 Ed. 6. c. 36. are troubled with the Spleen, and therefore phansy our selves so crazy that we are continually dying. or Metamorphosed in­to Glass: We delude our selves into timerousness, and think it [Page 82] to be caution and Sagacity: We quit the most pleasant passion for the most vexatious, Hope for fear: this last is the worst of Councillors, and therefore 'tis not to be wondered if so many at this time do form unto themselves a wrong Idea of things, whilst the Advice hath its original hence. Calamities are Cala­mities when they doe befall us, why do we anticipate them, and make our selves rea [...]ly unhappy under imaginary evils? The timorous Languisheth already under all the evils that He appre­hends; a thousand whereof in course of nature will never en­sue. But Hope is the great condiment of humane life, the great support of the distressed, the great Spurr unto the generous and valiant: Hope, though irrational and ill-grounded, or erected upon weak foundations, hath g [...]ined Victories, subdued Empires, avoided dangers and distresses, which were impossible unto Men excessively cautious. I tell you, O most couragious English, that distress and poverty are not the way to ruine, but universal Empire; and the miserable have atchieved greater things then the Rich and Luxurious. Are you so wretchedly poor and weak, who have a greater stock left then Rome had to erect its Empire upon? Enquire into the conquests of Sparta, Athens, Venice,, and those others your predecessors who claim of a Domi­nion over the Seas; consider the progress of the Macedonians, Goths, Saracens, or more modern Swedes; You are in a better condition (and yet despair) then they when they began. But that the declination of antient Learning hath bereaved us of the knowledge of former times, Old Rome, and old England, afford us no Examples of despondency: Those Annals suggest unto us nothing but what is Great and Brave, and fit for our Imitation: But we are degenerated from the School of Aristotle to that of Epicurus, from all Moral Gallantry and Virtue, to a most im­pertinent and effeminate Virtuosity. Renowned Pericles told the Athenians that if they were [...]slanders, and had a potent Fleet they would be invincible. We are possessed of both these qua­lifications, by the Goodness of God, and Prudence of our King, and yet abandon our selves unto Despair; and even that passi­on which usually produceth the greatest efforts of Valour. hath not that operation on our minds, which were to be desired. To imbolden us a little more, Let us consider that the most difficult part of our work is overcome; the puissance of the Dutch, and [Page 83] the opinion thereof, is in a manner extinct: It cannot require above one years provision to compleat and ensure the happiness and prosperity of England: Their own wants and necessities will enforce their Fishermen to settle here for a subsistance, and that one Trade is more to be valued than ten East-India Fleets. This year They are deprived of it by the wisdom and prudence of His Royal Highness, whose courage not the most dreadful bat­tails, nor more terrible Storms and Tempests can deject or in­timidate. This, together with the domestick distresses of Their States, must distract and break the Trade and Corre­spondences of Holland in all parts of Europe, and transfer them to the English, if we do not neglect the opportunity. A potent Fleet is the least charge, and the best security of these Realms: It carries an universal awe and terrour with it. I read it in the Instructions of Pius V. to his Nuncio who negotiated in Spain for a League against the Turks. In somma un' armata potente allegerisce le spese, & assicura d'ogni Philippus Honorius. Praxis pru­dentiae Polit. pag. 466. periculo casa sua, & porta gran speranza d'acquisto in casa d' [...], & congiunge le Provincie lontane, & le loro forze, quasi come un ponte, & l'historie antiche, & moderne demostrano la prova. A powerful Navy doth diminish the expence of a Realm, secures the Territories at home, carries terror every where, and gives hopes unto Foreign Conquests; it unites the strength and force of distant Provinces, as it were by a Br [...]dge; as Ancient and Modern Histories testifie. This is the old policy of England; and Edward IIII. armed out 400 Id. Ibid. pag. 202. ships. Henry V. provided above 200 great ships against France in 1418. Henry VII. Henry VIII. never kept fewer than 100 able Men of War with Men and Munition, even in times of Peace. The same courses were pursued by Q Eli­zabeth, at the instigation of Dr. Dee, whose Proposals for a facile maintenance thereof, 'twould be too long to insert here: But I dare say, If we duly assert our Dominion of the Sea, a constant and potent Fleet will be no charge to the Nation; whereas to maintain 40 or 50 onely, will in time undo us. The Sea-men are our Legionaries, our Janizaries, and Mammelucks: There is not any Fund or Bank for the English to adventure their Mo­ney in, but a good Navy well supplied: Security and Riches are the natural result of these Councils; and all other projects for the [Page 84] advancement of Trade, or improvement of Lands, are in a manner inutile. This is the true Treasury of S. Marc, where­by Venice subsists: All the Glory and Riches which England did enjoy during this last Century were but a consequent of these Advises. There are two flourishing Cities in Italy, Venice and Genoa, yet betwixt them there is this disparity, that Venice far surpasseth the other: and the reason thereof is this: The Venetians have alwayes had an especial regard unto the Publick Honour and Naval Strength (each private person esteeming of his Welfare and Riches, by the Greatness and Puissance of the Common-wealth) but in Genoa each man minds his particular Disquisit. Po­litic. cas. 19. interest and advantage, without any regard to the dignity or opulency of the State: whereby the Publick Revenues are small, their strength inconsiderable; and the Seigniory liable to the in­vasion of every Neighbour. It is indeed manifest, that there will happen some times when a regard to the State may prove in­consistent with the immediate profit of private persons: such ca­ses we read of in all Governments, especially of Rome, Athens, and Constantinople: but if we examine the events of affairs, the former preserved themselves by complying with the more general concernments, by the neglect whereof the other lost themselves, and became a prey unto the Turks. Of two evils the least is to be chosen, and that is the least, not which is accompanied with the greatest inconveniences at present, but which occasions the greatest dammage for the future. Wherefore it becomes pru­dent Ibid. Disqui­sit. 41. persons to attend unto both these cases. For as in Arithme­tick one great sum doth prove much less then many smaller ac­compts put together and added to the first: So in the Govern­ment of a State, that which seems a very great evil at the first view, may judiciously be submitted unto, if the contempt there­of be probably accompanied with greater and irreparable detri­ments. Besides that a very great prejudice, if the effects there­of be of no long continuance, is to be chosen before a less but ever­lasting misery.

Let us then peaceably acquiesce in those Counsils which Pru­dence it self seems to have dictated, and whence we derive our present tranquillity, and an hopeful prospect of future Strength and Riches. Let us not asperse our Superiors with Calumnies, to their great discouragement, and the distraction of [Page 85] the Realms. Let us think better of them, and more meanly of our selves. There is not any Pest so dangerous to a State, as that of declaiming against Men in Authority: I need not urge the destruction of the Florentine Republick; which was ruinated thereby: we may remember what did precede our Wars, and was the consequent of those specious pretexts of bringing Delin­quents to Tryal; and how fatal was the Denomination of Ma­lignants. No Ruler, no Minister of State could ever please all people; and some have valued themselves and their Counsils by a repugnancy to the populace. If we will consult the Presidents of Machiavel. discurs. l. 1. c. 8. Rome, we shall find it to have been a part of their Civil prudence, rather to pass by, then punish the failors of their Magistrates; and to have had that regard unto Authority, that those who had either voluntarily mis-employed their power, received but gentle punishments; and such as had miscarried through ignorance were appaied with Honours and Rewards. They did imagine that publick affairs were accompanied with so much of Solicitude, so great difficulties, that 'twas imprudence to augment the cares of their Governors with new terrors and additional considerati­ons id. Ibid. c. 31. of their personal hazards, if they miscarried in their Coun­sils, or Transactions: And certainly those Men create a very ill president against themselves who instruct the giddy multitude in complaints against their Governors. If there be any rumours of this nature diff [...]sed through the nation, be they well or ill­grounded, they are unseasonable, and all wise Men ought to sti­fle them as far as they can possible. All private animosities, and in­juries ought to be forgotten out of a respect to the general welfare. Not onely Rome, and Greece, but also the Barbarians have cele­brated those who have relinquished their domestick concernes and feuds, the better to serve their Countrey. Thus Themistocles and Aristides being joyn'd in an Embassy, agreed to lay aside all par­ticular quarrels betwixt them, untill their returns. And I can­not but recommend unto Christians the example of the Christi­an Emperour Constantine: Several People resorted unto Him with Remonstrances and Complaints; the Emperour commanded them all to bring in before Him on a certain day all their Li­bels and Petitions, that He might take cognizance thereof: Which being done, He arose up, and having with a grave Speech repro­ved them for retarding the publick business and concernments by [Page 86] Private quarrels and remonstrances, He cast them all into the fire, without vouchsafing to read those Papers which were likely to embroile, not amend His Affaires. That Nicene Council which we all reverence, did admire and magnifie this conduct, and by their Authority do I propose it to the imitation of our Parlia­ments; though the considerations of the distracted and forlorne condition wherein the late-united Provinces, and the Kingdome of Poland now suffer, are more immediate Objects to convince this Age, How unseasonable and dangerous an attempt it is for Inferiours to foment even just quarrels or resentments against their Superiours, much more to revile and persecute them with unjust calumnies, idle suggestions, and frivolous surmises, whilest the approach, or attack of a most puissant Enemy, or a suspici­ous Neighbour doth oblige us to pursue the more secure cour­ses.

An APOLOGY, &c.

WE cannot but with some resentments behold those, who, after that gracious Act not only for our Indemnity, but the utter Oblivion of our defaults, continue to upbraid Us, and un­seasonably to foment those differences amongst the English, which the most Heroical Example, Authority, Prudence and Charity of his Sacred Majesty hath so studiously and wisely endeavoured to extinguish. We are all promiscuously twisted together by mutual affinity, relations, and common Interest, subjected equally to the same Prince, and Natives of the same Realms, and we do heartily desire that we may be looked up­on as Brethren, under which Civil consideration we do regard our o­ther Fellow-Subjects. We profess to retain no other Memory of our former quarrels, then what endeareth us to the service of his Majesty, by imprinting in us a sense of those dangers which arise from mis­interpretations of State-Affairs, vain jealousies and imaginations of re­mote and forreign consequences which may happen, God knows when, from such grounds and principles as popular brains do rather phansie to them­selves, then really comprehend: We do experimentally know upon what specious pretences the vindicative and Ambitious spirits do contrive their si [...]ister and wicked designs to the publick detriment, and the great abuse of well-meaning persons: And we have been so often betrayed, and suffered so much hereupon, that they must be strangely prepossessed, who think us not impregnable against any suggestions or attempts of that na­ture. We are infinitely sensible of the Clemency, which our King ex­pressed to us in his Act of [...]race; and we think He hath compleated his Royal favour towards us by the late Declaration for suspending the pe­nal Laws in reference to All Non-conformists: It is our unhappiness to dissent from the doctrine and discipline of that Church to which his Ma­jesty doth adhere: but since we continue to do so rather out of Zeal for the supposed Truth, then Faction against His Majesty, and pursue spiritual not temporal advantages thereby; It is evident, that the Civil Alberic. Gentilis de jure belli, l. 1. c. 9. Clapmar. de arcan. [...]ip. l. 4. c. 21. Government can receive no prejudice by such toleration of us, It may receive much accessional strength from the continuance of so numerous parties, and perhaps (if we may credit great Politicians) some secu­rity from the so-much- exclaimed against diversity thereof; since it is apparent that wheresoever there happen to be in any Realm potent fa­ctions, Machiavell. di­sput. l. 1. c. 4. and such as the supream Authority cannot well extirpate, 'tis much more safe, for the general peace, that dissentions remain under many en­tire and lesser parties, then be reduced to a narrower compass; And the Prince is best served, whilst each party distinctly courts and strives to merit his esteem and affection. Such like insinuations have hereto­fore been made by such as the world valued for policy; but we re­quest not any benefit therefrom, but upon the regards of Piety, de­siring to serve the same God, and pray for the same Soveraign under our several forms of worship. How zealously the Fathers justifie the [Page 58] present Declaration of his Majesty, it is a thing well known to the Daillè de usu pa­trum. l. 2. c. 6. Chillingworth a­gainst Knot. ch. 5. Sect. 96. Learned; and Mr. Chillingworth (a Book licensed by the greatest E­piscoparians, and reprinted under no less Authority since his Majesties return) doth make a large harangue in the behalf of it: And if to impose upon men the profession of what they do not believe, seem the most ready way to Atheism, and if Atheism be much more pernicious to Government then Superstition, the late procedure of his Majesty is authorized by the most prudential documents: and we do heartily wish that the reign of his Majesty may be as prosperous and as glorious as was that of Constantine, Valentinian, Theodosius, &c. who are the il­lustrious Albericus Gentilis de ju [...]e belli. l. 1. c. 9. presidents in this way of Royal clemency.

It is most certain that nothing did more in bolden the Dutch in their insolences against his Majesty and the English Nation, then the opinion they had that we being subjected to the rigour of the penal Laws, must needs be thereupon discontented with the present Government, and inclined to favour them during the war. But how cogent soever were those motives which made us desire greater indulgence, we have not so learned Christ as thereupon to become rebels and enemies to our native Country: Neither should ever De Witte by his artifices and so [...]hisins convince us of the equity of their Cause, who in the heighth of religi­ous extravagancies, and fanaticism, did so vigorously assert those English rights, in the defense of which His Majesty is now embarked.

We are not at all concerned in favour of the Dutch, because They profess the same Protestant Religion, which the English adhere unto. It is most certain that the sense of Religion doth not extinguish Civil rights; neither ought Injuries therefore to be tolerated, because the Authors are Protestants: No Judge, no man regards the Effusion of Christian blood, when a cut- [...]urse, or a Robber is to be put to death: we consider here the demeanour, not the Creed of the criminals, and inju­rious. The Dutch pressed us with such Arguments as these, when they had in [...]ain assaulted our Fleet in the Downs, A. D. 1652. They ha­rangued unto us by their Embassadour Adrian Pauw about the Interest See the Oration and Memorials printed with the Declaration of War, 1652. of Protestancy in general, and the mutual regards that ought to be betwixt Nations avowing the same Reformed and Orthodox Religion: But the Council of State then would not be amused with such expressions, nor relinquish thereupon the Rights and Honour of England: They challenged the Right of the Flag, as anciently and indubitably apper­taining to this Nation: and esteemed that no trivial Ceremony, but so See the Declara­tion, and An­ [...]ers of the Council of [...] State. [...]652. important a matter as to bottom the Quarrel, and pursue the War there­upon. We did not look upon the thing as a Civility, which 'twas in­different, if payed, or omitted: but beheld it as Land-lords do those small acknowledgments of a Capon, or Pepper-corn, by which their Tenants hold their Lands: We esteemed it such a Ceremony as whereby wo pre­served our Title to the Dominion and Soveraignty of the Brittish Seas, the which Seas if we, like Prodigals, do not improve to all Advanta­ges; yet we would not bereave our Posterity of their Right to do it: We said, 'twas a Right which All Princes and States, even those of Holland, and their Ancestours, had allowed to belong unto England; that a long [Page 59] Usage and Prescription (which 'twas easie to deduce out of Authent'ck records) had confirmed unto us. The Dutch were not then so insolent as to demand of us any Declaration, that we pretended not thereby to the Dominion of the Brittish Seas; but we know very well that Our Sove­raignty over those Seas was suspended thereupon, and that they did not refuse the Flag but that they might deprive us of, and usurp to them­selves the other. The Dutch then were not so impudent as openly to justifie their Admiral, and other Captains which refused to shew that Obeisance; They did not commissionate them to deny it, but intimated to them their displeasure at it, whilst they publickly avowed, That they Adrian Pauw in his Memorial ten­dered to the Council of State ibid. had ordained them to continue those civilities and testimonies of affection which were usual upon any rancounter with the English Men of War. Their Pride was not become so extravagant as of late it shewed it self against His Majesty, and yet we thought fit to abate it then, and therefore we cannot be justly suspected to be averse from this quarrel; All our claim, All our prescription was deduced from Crowned Heads, and we do not imagine the Rights of England to be lessened, because that His Majesty doth sway the Brittish Sceptre. We prosecuted that War with so much courage and conduct, that our valour amazed the whole world, until the atchievements of his Royal Highness did give Men greater occasi­ons for wonder: And what we demanded by way of Treaty this Arti­cle will attest.

ARTIC. XV.

That the Ships and Vessels of the said United Provinces, as well Men of War, as others, be they single Ships, or in Fleets, meeting MSS. Comment. of the Treaty and Ar [...]icles betwixt the English and Dutch in 1653. at Sea with any of the Ships of War of this State of England, or in their Service and wearing the Flag, shall strike the Flag and lower their Topsail until they be passed by, and shall likewise sub­mit themselves to be visited if thereto required, and perform all Leo ab Aitzma hist. trac. pacis Belgicae. p. 841. other respects due to the said Common-wealth of England, to whom the Dominion and Soveraignty of the Brittish Seas belong.

This was one of the Articles delivered to their four Embassadors, Novemb. 18. 1653. And the pretended Common-wealth did so peremp­torily insist thereon, that without the Solemn declaration and acknowledg­ment of the English Soveraignty over the Brittish Seas, they could not any De mari, & pis­cation [...] mentio fuit: de iis ante omnia conve [...] ­endum. &c. Leo ab Aitzma p. 845. way treat with the Hollanders. And it is well known to those which were commissioned to treat with their Embassadours (I had this relati­on from Sir Robert Reynolds, who was one of them) that the said Embassadours (being introduced and recommended to their pitty by Hugh Peters) did offer to the several Commissioners, that the States Ge­neral should by a publick deed acknowledge that The Dominion and So­veraignty of the Brittish Seas did belong unto the [pretended] Common­wealth of England: and that Thus much should be expressed in the se­veral Commissions and Instructions issuing out of their Admiralties, and Their Ships upon this account, avowedly, to strike the Flag and lower their Topsail. We so much the more insisted thereon, because we knew the usual evasions of the Dutch would otherwise reduce affairs to a second dispute, if ever They recollected their strength. We wonder [Page 60] that They should so far obliterate in their minds all sense of the respect due to Crowned Heads above the Republicks; and so extreamly forget what they owe to his Royal Ancestours, as to entreat His Majesty so uncivilly in this case, whereas in June 1652. after their Fleet had been repulsed by Blake, to appease Us, They of their own accord, did declare by the Lord Adrian Paaw, that The States General had no inten­tion This is expressed in his Memorial given in to the Council of State, and printed with the Declaration. to lessen the Honour and Dignity of the Parliament of the Common­wealth of England; but that They had given command heretofore, and also since the late unhappy Accident, New Order, That upon meetings and salutings of the Fleets or Ships of War, concerning the striking down of the Flag, and what belong to it, there should be the same Honour done to the Parlia­ment of the Common-wealth of England, as was formerly done during the other Government. We cannot but wonder that They should be so rea­dy then to exhibit those Honours to such as they were not due unto, and now refuse to pay them when they are due by an immemorial custome, which They cannot plead ignoran [...] to; The Rights of the Crown of England, being the basis of the Parlamentary pretensions; and the measures for the adjusting those Honours were taken from what had been done during the Monarchy of England.

To the Article aforesaid, as it is worded, their Embassadours Nov. MSS. Comment. 22. 1653. did not make any exception, either as to the striking of the Flag, or Soveraignty of the Sea; but they protested against the visiting Leo ab Aitzma. p. 847. of their Ships, as repugnant to the practise of their Country, and subject to a thousand disorders and disputes, and injuries to their State; besides, the visiting is not to be reciprocal. Whereupon Cromwell, in the name Visitationem navi­um dicebat esse rem minimè no­vam, sed jus indu­bitatum dependens à Supremitate Dominii in ma­re, Anglis compe­tente. Ius adeo an­tiquum, quàm ul­lum in Europà ab aliquo aliud pro­tensum. Numerum Navium non ess [...] nisi juris istius se­qu [...] quam nunc magis quàm un­quam d [...]bant conservare; cupidi quippe antiquas protegere prar [...] [...]vas, novis injuri­ [...]s l [...]sas. Leo ab Aitzma, p. 848. of the Commissioners replyed, That the searching of their Ships was no new thing; but an undoubted right which naturally followed from the So­veraignty of the Sea, the which did appertain to England: It was likewise an efflux of the same dominion, for the English to prescribe unto them, with what number of Ships of War they should pass the British Seas: That they ought to be much more zealous now for the asserting the said ancient dominion of the Sea in all its branches; because it had been so lately, and so notoriously, disputed and invaded. And whereas the Embassa­dours had somewhat boastingly said in their Memorial, that Their people were of such Generosity that they would never endure such Terms: To this Cromwel said he would reply no more, Then that we were English-men, and had not lost our Courage.

After this the Embassadours came to be more calm, and Dec. 23. 1653. gave in a particular Answer to the Articles exhibited: and as to this, They desired it might be extended in this manner.

‘That the Ships and Vessels of the United Provinces, as well Men of War, as others, meeting with any of the Ships of War of the State of England, shall honour and dignifie them with the striking of the Flag, and lowering the Topsail in such a manner as ever under any form of Government in times past they have been ho­noured and dignified: and to prevent all quarrels for the future, MSS. Cemment. the particulars thereof shall be regulated by the advise of the Ge­nerals and Commanders.’

[Page 61] But hereunto the Council of State would not assent, being resolved to have the Dominion of the Sea recognized by them: And the Embas­sadours did at last resolve to comply with them in that demand, beseech­ing them that they would mitigate the other Articles: But Cromwel having deposed first that pretended Parliament, and then the Council of State, to ingratiate himself with them, and secure his usurpations the better, He consented Decemb. 26. 1653. That the Article should run thus.

‘That the Ships and Vessels of the United Provinces, as well Men of War, as others, meeting with any of the Ships of War of the MSS. Comment. State of England, shall strike their Flag, and lower their Top­sail.’

The Embassadours hereupon Decemb. 28. 1653. moved That it might be limited within the Narrow Seas, which commonly are called the Brittish Seas, and by a special Order it may be regulated with a distinction of places and shores in such a manner, That the same honour and dignity of striking the Flag and lowering the Topsail, be observed for the future, as in ti [...]e past under the former Government it hath been observed.

On the same day Cromwel returned them this Answer, that For the inserting of those words, the Brittish Seas, He did adhere thereto: but it seems He thought it a Diminution of his Glory, to have the respects payed to his Highness compared with those which were usual to the former Kings of England: Whereupon the Embassadours rejoyn: That the words (In such a manner as it hath been observed in times past under any Ibid. former Government) derogate nothing from the State or Nation [...] but are ne­cessary for them to justifie it to their Superiors and People, supposing it to be no Novelty.

By these degrees was the Thirteenth Article of the Treaty betwixt Cromwel and the Dutch, modelled into what is printed in Aitzma: And thence it was transcribed into the Tenth Article of the English League made at White-hall Sept. 14. 1662. and afterwards into the Nineteenth Article at Breda. In the management hereof we may ob­serve, that Cromwel the better to ensure himself against his forreign and domestick Enemies, did rather leave untouched and undecided the Soveraignty of the Seas, then relinquish the Right: Secondly by the Brittish Seas in the Article about the Flag, are meant the Four Seas, and not the Channel only. Which is evident hereby, in that Art. 3. He doth not distinguish the Brittish Sea from the North-Sea, as in the Se­venth Article of the Treaty of Breda; but includes the North Sea in the Brittish Seas, where He mentions depraedations happening twelve dayes after the Peace being signed. It is also to be remarked that the pretended Common-wealth did explain what They meant by the Brittish Seas.

ARTIC. XIV.

That the Inhabitants and Subjects of the United Provinces may with Their Ships and Vessels furnished as Merchant-men freely use their navigation, sail, pass and repass in the Seas of great Brittain, and Ireland, and the Isles within the same, (commonly called the [Page 62] Brittish Seas) without any wrong or injury to be offered them by This Article Cromwel in the name of the Coun [...]il of State told them was a genuine result of the Dominion of the Sea; that They were Soveraigns of the Brittish Seas, and should be ve­ry unwilling to understand that any Fleet of 70 or 80 Men of war should come into their Seas, Rivers, or Har­bours, without giving any notice before of their coming. Leo ab Aitzma, p. 850. the Ships or People of this Common-wealth, but on the contrary shall be treated with all Love and friendly offices. And may like­wise with their Men of War, not exceeding such a number as shall be agreed upon in this Treaty, sail, pass and repass thorough the said Seas to and from the Countreys and Ports beyond them. But in case the States General shall have occasion to pass the said Seas with a great number of Ships of War, they shall give three months notice of their intentions to the said Common-wealth, and obtain their consent for the passing of such a Fleet, for preventing all jealousies and misunderstandings betwixt the States by means there­of.

This therefore, being the notion of those times, must contain the sense of Cromwel; and we wonder that the Considerer should offer to intimate as if because the Article had been varied in the words, as a­foresaid, that therefore it was suited to his sense: No less strange is it, that He should expound the intentions of his Majesty by the privacy of Cromwel's Conclave, and not according to the true, legal and known import of the words. We add, that if He found in our ordinary Maps the Channel, and Brittish Sea, as equipollent and Synonymous terms; yet He never found the Channel to be called the Brittish Seas: and therefore that allegation is most impertinent, and fallacious; And He must seek to the common vogue for a more authentick explication thereof. As little doth it avail Him to find in the Seventh Article a distinction betwixt the Brittish Sea and North Sea; for, seeing that the Number is varied, 'tis most certain the Sense is also. However it is a Rule in the Civil Law, Dubitationis gratia quae apponuntur, nocere non praesu­muntur. Philippus Decius de reg. furis. Reg. 81. Qua dubitatio­nis to [...]enda causâ contractibus inse­runtur: jus commu­ne non ladunt. Such clauses or words as are put in to prevent disputes, ought not to occasion any, or prejudice the inferter. Surely Pride, or Passion transported the Considerer beyond his reason, when He esteemed that Objection invincible; as it did beyond Truth, when He distinguished betwixt Fleets and Ships: and made Cromwel to do so too; of which there is not the least appearance, to our knowledge.

How willing soever the Dutch were to acknowledge the Rights of England as to the Dominion of the Brittish Seas, and Flag; They still insisted upon the Freedom to fish without License, or Letters of Safe­conduct. This they proposed in a draught of Articles tendered by L [...]o ab Aitzma pag. 755. them to Mr. St. Johns, and after to the Council of State. But the pre­tended Common-wealth refused absolutely to assent thereunto; nor would They admit of any Treaty with the Dutch, except they would first acknowledge The English Soveraignty of those Seas, and contract Leo ab Aitzma p. 845. for the Liberty of Fishing. The Article which They imposed was this.

ARTIC. XVII.

The people and inhabitants of the said United Provinces of what condition or quality soever They be, shall with their Busses and o­ther MSS. Comment. Leo ab Aitzma p. 841. Vessels fitted for that purpose, have liberty from time to time, for the term of one and twenty years next coming, to sail and fish [Page 63] as well for Herrings as all other sort of Fish, great and small, upon any the Coasts and Seas of Great Britain, and Ireland, and the rest of the Isles adjacent, where, and in such manner as they have been formerly permitted to fish. In consideration whereof the States Ge­neral shall, during that Terme, pay into the publick Treasury of this Common wealth at the City of London the sum of— The sum was not adjusted in the Treaty at first, but they intended one hundred thousand pounds, besides paiment for con­stant Wafters, or Convoyes. at two equal payments upon every twenty fourth day of June, and twenty fourth day of December. The first payment to begin on the twenty fourth day of June next.

Hereunto the Dutch excepted; That by the taking of such a Lease for the Fishing, the States General should be put out of an Immemorial posses­sion without Cause or Reason: Having alwayes enjoyed the freedom of Fishing. As they were ready to prove by an ample deduction of Arguments and Evidences. And instead of this Article, They thought it reasonable to urge MSS. Comment. Leo ab Aitzma p. 847. the Fourteenth Article of the Treaty called Intercursus Magnus, A. D. 1495. viz. ‘That the people and Inhabitants of either State, of what condition or quality soever they be, shall freely without any molestation, safe-guard or pass, sail and fish every where at Sea.’ The Council of State were very angry at this plea of the Embassa­dours; and told them, that They wondred with what confidence the States General could pretend to an Immemorial possession of the Fishery, seeing that the time was not yet Immemorial, since They first were owned to be Free States: If, according to the Civil Law, we allow an 100 years as a just prescription, yet was it not so long since their Ancestours first pos­sessed themselves of the Brill, A. D. 1572. That the time wherein they fished as Subjects of the House of Burgundy (by vertue of a League made betwixt England and those Dukes.) did not establish an Immemo­ridlpossession, or prescription in favour of the States General. That, since the Fishery was held by the Subjects of Burgundy, and they exempted from the paying for Licenses and Convoyes onely by vertue of a Treaty; Nothing was more manifest than the Immemorial Right of the English, whereby before that Treaty they did exact mony for Licenses and Convoyes: That what was held by League did expire with the said League: That this League of Intercourse was expired upon the subsequent Wars betwixt Qu. Elizabeth and the Crown of Spain: and had never been confirmed again since that time: That the Dutch could not claim any Liberty by vertue of that League now; partly because the Alterations of the Government in the Netherlands, and other accidents have deprived the English of those great benefits which accrued to them by that Treaty, and in consideration whereof it was assented unto by them; and consequently, It was lawful and just for Privilegiumstnitur. finitâ privilegii causâ. them to resume their Right of the Fishery: and that the Effect should cease with its final Cause: partly, because that the United Provinces are not to be deemed the same people, since their Union into a Republick, and aliena­tion from the other Provinces and Dominion of the Dukes of Burgundy, that they were before: They are not the persons with whom the English made any such Contract, or ever renewed it. It is most certain that Qu. Elizabeth did deprive the Hanse Towns of their privileges in London, upon these reasons; That since the English had acquired the manu­facture [Page 64] of Cloth, and could manage that Trade themselves, therefore there was no need, no reason to continue the priviledges of the Hanse Towns which had been granted purposely for the better exportation Joan. Marquard. IC tm de privilegiis Hanseati [...]is in Anglia. and vending of our Cloth: Also, because that most of the Hanse Towns were extinguished and esloigned from the first and ancient confederation, which consisted of 72 Towns: and therefore the Cor­poration, or subject of those priviledges being ceased, the priviledges themselves were ceased. It was further urged, that since the expira­tion of the said Treaty, whatsoever Liberty the Dutch had taken in Fishing, it was an usurpation upon the English rights; that by the Civil Law, they were possessores malae fidei, and consequently could not Lessius de jure & justitia l. 2. c. 6. dub. 2. possessor malae fidei non praescribit. Inter regulas juris. claim any Prescription: They knew that the Right of the Fishery was vested in the English; and since They fished in those Seas during the Burgundian League in right of the English, and afterwards by a noto­rious usurpation, 'twas no less evident that They had not any possession, then it is, that whatsoever They had was not Immemorial: And therefore the English expressed a great kindness unto them in not demanding Possessor malae fidei tam de fru­ctibus perceptis, quàm de his qui potuerunt perci­pi tenetur. Thil. Decius de reg. ju­ri. r [...]g. 78. §. 4. 5. Leo ab Aitzma p. 8; [...]. Satisfaction for the past Fisking. Besides their possession had been at several times disturbed, and therefore the claim invalid. For not only Philip. II. had taken a lease of it in the dayes of Q. Mary, for one and twenty years: but K. James had asserted his right, and prohi­bited the Dutch to fish without License A. D. 1609. the like was done by K. Charles; and the E. of N [...]rthumberland enforced them to recog­nise the English rights.

These Arguments were vehemently urged by the Commissioners of the Council of State at several conferences: and notwithstanding the boast of the Hollanders, that they would largely and plainly deduce their possession and rights: All that They did alledge was, That they had Immemorally fished there without License: That this was assented unto by the Treaty of 1495. That before that League they did not take Licenses; nor could it well be imagined that they did: for the Herring-fishing, id. ibid. since the Invention to pickle Herrings, was not much more an­cient then that Treaty; It being discovered A. 1414. That They did not know upon what grounds K. Philip did take the Lease aforesaid; since He needed not to do it, by reason of the said Treaty. That the Proclamation of K. James was never put in execution; but at the request of the Hollanders, either suspended, or totally abrogated: That the en­terprise of the E. of Northumberland was an act of force and violen [...]e, and his expedition meerly praedatory: That They expected more from the Justice of the Republick, then that They should follow so evil pre­sidents. Hereunto the Commissioners replied; That the English were obliged to vindicate their proper Rights; which were conveyed to ibid. them by a Prescription, and possession, truly Immemorial; And of the rea­lity The discourse is annexed here­unto. thereof They had in the beginning of the War convinced their Em­bassadour, the Lord of Hemsted. That the Kingdoms of France and Sweden were not less potent, nor less considerable then the United Pro­vinces, and might as well insist upon the Freedom of the Fishing, as they: but They did not, but did seek leave for to fish in the Brittish [Page 65] Seas. That the Dutch ought to follow so illustri [...]us examples in recog­nising the English rights, rather then create an ill precedent for others to dispute them. That it was not the intention of the Parliament, to exact any v [...]st sum of money from them [...]nnually, but to acquiesce with a moderate recognition: But They would never do England that dishonour, as to relinquish totally that Right.

These Dutch are alwayes arrogant in their Language, but empty in their proofs. How vain is their Immemorial possession? Co [...] ­mon Impudence would not embolden a man to insist thereon. It is evident, They never fished without License, except that it was other­wise agreed upon by League. And if that the modern way of pickling Herring, were of so late an Invention; yet They had Jo. Is. Pontan. hist. Dan. l. [...]. A. D. 1182. Zuerius Box­horn. Apolog pro navigat. Hollan­dor. Jo. Is., Pon­tan. hist. Dan. l 7. A. D. 1320. Joan Angelius de rebusp. v. Han­seat. part. 3. [...]. 24. Jo. Isac. [...]ontan. hist. Dan. l. 8. A. D 363. some other way of ordering them heretofore: For it appears by the Treaties betwixt the Crown of Denmark, and the Dutch, A. D. 1324. and afterwards by other Leagues betwixt that Realm, and the Hanse-Towns, A. D. 1370. as also by the Records of Scotland and England, that the Herring-fishing was very great and conside­rable long, before that the Fisherman of Bier [...]let was born. The reason K. [...]hilip proceeded to take the Lease, was, because that His Spanish Subjects could not fish otherwise in the Irish Seas: they not being comprehended in the Intercursus magnus; and and He well knowing the English rights as to the Fishery. If K. James did not execute his Proclamation, He never did suspend, or renounce it; but with great fervour pursued his claim, and forced the Dutch to acknowledge his rights, and desert the pleas of Im­memorial See the Letter at the end of the English Selden. possession, and Freedom of the Sea. I do not find any violence or depredation used by the E. of Northumberland, nor that the Dutch did protest against his actions: I have already given an account of that expedition: and I had rather believe what that Honourable Person sets his hand unto, then all the clamours of these impudent Hollanders.

It is most certain, that the pretended Common-wealth did suspend the whole Treaty, upon this one point of the Fis [...]ing: they duly con­sidered that it would be impossible, that the English should be able to counterpoise the Naval force of the United Provinces, without a nu­merous Seminary of Sea-men; and that in order thereunto, the English had no other means at present, but the Colliery at New-castle, which did not bear any proportion with the Dutch Fishery: They supposed that it would be impossible for the English, ever to replenish the mari­time Towns, to advance Trade, and render themselves terrible or usefull to forreign Princes (which motives sway chiefly in Alliances) unless they did regain the Fishery unto England: And they esteemed these reasons so powerful, that they seemed impregnable against the most amicable and religious harangues of the Dutch, and also against the tender of 300000 l. offered to purchase their Amity. On the o­ther side, the Dutch, not minding the title of Soveraigns of the Sea, nor the glory of the Flag, but the real prejudice whereto they should subject themselves, if they relinquished the Fishing, or made a [Page 66] (temporary and precarious) contract for it, with a people jealous of the growth and power of Holland (and therefore determined to encrease MSS. Comment. Leo ab Aitzma p. 851. their Naval force, Sea-men and Trade) did resolutely declare, They would treat no longer, but must return to their Superiours. Decemb. 15. 1653. In the mean while Oliver determines openly to proclaim him­self Protectour, and having effected that, the Embassadours were stayed, and the Treaty resumed: and Oliver sends them this Answer to their last Memorial, concerning the Fishing. ‘The Lords Depu­ties having by their former Papers desired that Freedom of Fish­ing MSS. Comment. in these Seas might be declared in this Treaty: the seventeenth Article was thereupon propounded, whereby License is granted to the people of the United Provinces, upon the Terms therein expressed: which notwithstanding is in their Lordships power to accept or refuse: But it cannot be admitted, that any thing should be inserted in this Treaty that may prejudice the right of this State in the Fishery.’

No sooner had Oliver enstated Himself in the Protectorship, but He found the Dutch to dally with His Highness: They listened to His pro­posals, and essaied how far He would condescend; offering to stand Cerimoniam illam tecti vel nudi capi­tis parvi quidem fecerunt. Leo ab Aitzma p. 852. uncovered in his presence; but protesting They had no power from their Superiours to conclude and sign any Articles with this New Government. Whereupon They desired a pass, and departed Jan. 6. 1653. In the ensuing Spring the Treaty was resumed and concluded: The points of the Soveraignty of the Seas, and Of the Fishery were left undecided: The Protectour thinking it most for His convenience to decline the men­tioning of those particulars, since He had gain'd other Articles that did conduce to His personal security against the Sectaries and Common­wealth-men at home, and the Royalists abroad. The Dutch not being to aid, or suffer any in their Territories to assist with Ships, Arms, Mo­ney, Leo ab Aitzma p. 854. Victuals or advise, any of His Enemies: but to assist Him upon any occasion of danger with Souldiers and Ships, in what proportion should be agreed upon. Nor should They receive into their Territories any Rebels, or declared Enemies of His, nor aid them in any manner where­soever They were, nor permit any others to do it. In fine, It was agreed, that no person in the United Provinces, of what dignity or degree soever, living under the United Provinces (At first the Prince MSS. Comment. of Orange, and the Princess Mary were named; but the Dutch desired that They might not be expresly named, but included in the general terms afaresaid) should receive into their Dominions, Houses, Castles, privi­ledged, or not priviledged, (wheresoever scituate) any Enemy or Rebel of England, or assist them with Men, Ships, Anmunition, Coun­sil, Leo ab Aitzma p. 855. Victuals, upon penalty of forfeiting all their Estates during life. Whereby i [...] is apparent that His present Majesty of great Britta [...]n; could not have been relieved by His Sister, or Nephew, in the greatest ex­tremities imaginable, with one morsel of bread.

Upon these concessions, (which make up the 7, 8, 9, 10, 11, 12th Ar­ticles of the Treaty) did Oliver consent to leave those other important points undecided: Wherein as He never had any [...]onsent of Ours, so we [Page 67] must declare that We should think Our selves guilty of all the Blood shed in that fierce War, if we did not profess, That the Right of the Flag; the Dominion of the Brittish Seas; and the disposal of the Fishery, are just, honourable and necessary causes of a War with the Hollanders, or any else.

Thus much being said in behalf of what is the principal subject of this War, We shall say less in defense of the other complaints insi­sted on by his Majesty. We cannot see any reason why we may not reckon upon the English at Surinam as our Fellow-Subjects, since it ne­ver was their intention by Capitulation to become otherwise: It cannot seem to any intelligent person a Question, Whether They be the King of England's Subjects? If there can be any dispute, it is this onely, Whether Adrian Crynsen had power to make any such Capitulations with those of Su [...]inam? If there had been any Superiour Commander at that time in those parts, or had there been any possibili [...]y of consulting the States General upon the matter; somewhat might be said for the Dutch: But affairs being otherwise, and the Articles only such as that They might transport themselves and their Good [...] into some of the plantations of his Majesty; No Civil Lawyer will say, but that Adrian Crynsen might grant thus much, and the States be concluded by His transaction: Otherwise Ea ducibus data videntur omnia si­ne quibus tractari bellum, aut de­mandata belli pars non contingit. U [...] de datâ jurisdicti­one, & de manda­to Iurisconsulti scribunt. Alberic. Gentilis de jure belli, l. 2. c. x. Grotius de jure belli. l. 3. c. 22 sect. 9. Alber. Gentilis de jure belli commentat. 2. p. 89. it will be necessary that the Commander in chi [...]f, or Admiral, be present in all places; or opportunities of War will be lost: It is therefore adjudged, that in cases of no higher moment, that Captain be reputed Supream, who hath none upon the place above Him: And in case that the States General would not ratifie the Articles, Common equity ob­ligeth that the inhabitants of Surinam be put again into the condition they were in before the surrender: for the one party cannot be deem­ed bound, the other being free upon the non-ratification. Ipse Bodinus in eo fallitur, quod istis ducibus obligat contrah [...]ntes cum eis: interim dum non obligat aut duces, aut ducum dominos. Imò enim neque illi contrahentes erunt obligati, donec domini ducum ratum habendo gesta ducum suorum ipsi obligentur: ut sit aequalitas. Quod disertè Decius consil. 531. Alex. 5. cons. 40. Al­beric. Gentil. de, jure belli, l. 2. c. 10. Injustum est promissorem in obligatione esse sine causa: ergo & nequit ante acceptationem, quamdiu illa pendet, obligari. Joan. à Felden in not. ad Hug. Grot. de jure belli. c. xi. §. 18.

In the East Indies they have so injured the English from time to time, that it cannot be presumed They will ever put a stop to their at­tempts there, until they have totally destroyed our Trade, which is I should not have mentioned this after that so many late Trea­ties have buried it in Oblivion; but that upon the last breach of the League at Breda, All precedent claims are revi­ved, and all ob­stacles thereto are removed. now reduced to that pass, that it consists in Pepper, Calicoes, and such Commodities as are scarce worth the fetching, if we compare them with the Gemms and Spices wherewith the Hollanders are fraighted. The Earbarities of Amboyna will never be forgotten by the English Na­tion: being acted in time of peace; and which is more, the chief A­ctors thereof justified, and preferred by the States: and never any justice done upon them, though the pretended Common-wealth, and O­liver obliged them thereunto. Artic. 27. No Treaty (though K. James concluded many with them) in any Kings raign, no nor under Oliver, could ever oblige the Hollanders there: In the East Indies it is that they seem to have renounced not only Christianity, but Morality: or [Page 68] rather, 'tis there they shew that wickedness which here they palliat [...]. Our Court of Admiralty preserves so many late Records of complaints against the Dutch in Guin [...]y, and several parts of Europe, that the cries from the East Indies would not be heard, but that they are able to reach Heaven, and move the most o [...]durate and [...]nsensible on earth.

We cannot remember that War of the pretended Common-wealth a­gainst the Dutch, without forming a parallel thereof, with that His Majesty is now engaged into. The Dutch having attacqued the Fleet of Blake in the Downs, with an intent to destroy the English power at Sea, and consequently to bereave them totally of their Trade, and reduce them to a condition of receiving protection from Holland, or becoming liable to any invasion: We did not thereupon seek a tedious and uncerta [...]n redress from an Embassy and Treaty with that [...]erfidious State; but without denunciation proceeded to seize their Ships, and ex­ercise all Acts of hostility. We did not think it requisite to proceed by the ordina [...]y rules of War against such an Enemy: Those formalities are to be observed amongst the Civil part of mankind, not with Car­thaginians, or Hollanders: They that suffer not themselves to be con­cluded by the Laws of Nations, cannot challenge any benefit from them; neither ought They to remons [...]rate against the violation of those Piratis & praedo­nibus nulla ma­ne [...]t ju [...]a: qui omnia jura vio­lant Alberic. Gentilis de jure belli, l. 1. c. 4. Iura [...]tenim vio­lanti, si jus non prastatur, ei non violari, sed jus reddi, creditam est. id. de Legat. l. 2. c. 6. Rules by which they never acted. Since their first Erection into a Republick, their constant practise hath been an open or clandestine pi­racy upon the English: since K. James first reigned in great Brittain, they have never kept any League in reference to Trade and Commerce: that rich Trade which we had into the East-Indies, at Japan, Amboyna, Banda and the Moluccos, is totally ruin'd: our Islands of Poleron, Polaway, Lantore, unjustly seized into their hands: and the damages we have suffer'd there, are computed in 1653. at 1656233 l. 15 s. And we are now totally excluded those Seas by these Hollanders, who pretend that by the Law of nature and Nations, The Sea and Commerce ought to be free. Their usurpations there have been accompanied with such barbar ties and outrages, as we find more cause to wonder that MSS. Comment. they were so long tol [...]rated, then that by the effusion of the blood of Dutch Protestants, we should at last vindicate the Honour, Interest, Trade of England, and revenge the deaths of our murthered Country­men. Besides the cruelties of Amboyna, they exercised inn [...]merable others: as appears by the depositions from 1616 to 1620. The English Prin [...]ed at Lon­don, A. D. 1622. Ships being taken, and their Goods confiscated, the Captains, Soul­diers, Factors and Mariners, were made prisoners, clogg'd with i­rons, kept in stocks, bound hand and foot, tied to stakes, haling and pulling them with ropes about their necks, spurning them like dogs, throwing them head-long down rocks and cliffs, murdering some and star [...]ing others to death: some were landed amongst the Indians, where they found better usage amongst the Paynim [...], then the Prote­stants of Holland: some were so lodged, that they were forced to tumble in their own excremen [...]s, not being permitted to go forth to ease themselves. L [...]urence Ryall, the Dutch General, caused [...]rates and C [...]ge to be made, and carried the English therein fetter [...]d, and shewed [Page 69] them triumphantly to the Indians at every port; saying Behold and see; here is the people of that Nation, whose King you care so much for: Now you may see how kindly we use his Subjects. They have robbed the Indi­ans under English colours, thereby to incense them against us, and to destroy our Trade there: They have counterfeited the coyn of other Nations, and then defamed the English for it. The traffick to China and Persia, &c. was r [...]ined by their seizing and destroying the Ships of Sir William Courteen and [...]is Partners. We did by our Embassadour St. Johns demand satisfaction for all these dammages, and charged them with the blood of the English that had been slaughtered by them in the Katharine and Dragon, in these words. ‘Though we cannot positively prove, yet by good circumstances we can make it ap­pear, MSS. Speech of Mr. St. Iohns: see also the prin­ted account of Iohn Darett. A. D. 1665. that you did destroy the Ships Dragon, and Katharine; though the ships and men were never heard of, yet the Guns and Goods of those Ships have been found in your Country; which doth give us some confidence to believe you did destroy the Men and Ships: And we are informed that some of your own Coun­trey-men, when they lay on their death-beds, did make consessi­on of those cruel murthers and seisures, how that they met them going to the Cape of good Hope: and after a friendly salutation The Remon­strance of G. Ca­rew, Esq printed 1 [...]62. the Dutch invited the English Commanders aboard, and after they had been feasted, they told them that it was fitting They should drink [...]stick, as well as eat [...]stick; and causing them to be bound back to back, they were cast into the Sea. And in the Evening when the English expected the return of their Commanders and their Crews, the Dutch with their own and English boats went aboard the Eng­lish Ships, and served every man in the same manner; and have­ing taken out what Guns and Goods they thought fit, the Ships were sunk by them: the which were worth, according to the Invoyce, had they come to the port of London, 170000 l.’ In Guiney and Bra­sile we have been treated with the same usage: and the Dutch have been alwaies either acting open hostilities, or (which is worse) destroy­ing the Honour and Renown of our Nation in Spain, Italy, Russia, and all places whither a Dutch-man trades. Therefore we were then convinced, that the true way to advance the English trade, was to reduce the Hollanders to greater moderation: and it was apparent unto us, That so treacherous a people were not to be treated as fa [...] and generous Leo ab [...] p. 786. 813. Enemies, nor otherwise to be restrained then by Arms. The Hol­landers surprised us in the midst of a Treaty for a nearer Union: They abused us with contumel [...]ous [...]ictures and Lib [...]ls: They sighted the force of England; the town of Flushing alone offering to fight any Navy we could put forth: But the usage which His Majesty hath met with is much more intolerable, He being a King, and united to them by more then one firm League of Anity: Besides the obligations his An­cestours had fixed upon the Dutch, He had extinguished at Breda a mul [...]itude of Actions against Them, and, by consenting to that pe [...]e, He had given them opportunity to resettle themselves in order to their security, who were obnoxious to the French pretensions upon Brabant: as He afterwards preserved them by projecting the Triple [Page 70] Alliance. Yet as no Courtesie could engage these Hollanders to Civility; so no Articles could tye them to a real friendship. In a juncture when the puissance of France amased and terrified all Europe, they dispute the Flag and deny the Dominion of the Sea, threatning to abandon Eng­land to the French, and privately tendering their aid and service unto that King. Their Fleets were ordered not to strike sail unto the Ships of this Crown: and thereby the whole Treaty at Breda annulled. They having thus laid aside all respects for Faith and Honesty; all concern­ment for the Protestant Religion; all regards for His Majesty, and the English interest: We cannot think that his Majesty ought to be tender of their Amity, or suspend his counsils upon a tedious Embassy to their High and Mighties at the Hague, who had by a previous resolution about the Flag defeated all hopes of Agreement.

The War under the pretended Common-wealth, had this further re­semblance with that of His Majesty. That the Dutch did twice send over Embassadours to amuse us in our Counsils, and retard our preparations: Declaration p. 7. 8. the first had power sufficient given by their Credentials, but yet They would conclude nothing without the concurrence of the States Gene­ral, and Provincial also: The second came over without any power Ibid. p. 11. to treat or conclude. The like Finesse we observe to have been put upon His Majesty.

Upon this We proceeded to all actions of Hostility, publishing every where that the Hollanders were the most perfidious persons in the world; that it was in vain to seek a firm Amity or Union by Treaty or compact with Men that were swayed only by interest and profit; that they did design to monopolize the Trade of the Universe unto them­selves, The case stated betwixt England and the United Provinces. A. D. 1652. to impoverish the English, and having weakened their strength at Sea, and despoiled us of our ancient and indubitable right to its do­minion (wherein consists not only the Honour but Safety of the Nation: for those Seas and our Ships are the out-works and Bulwarks of this Countrey) to dispossess us of our Land-inheritance afterwards upon occasion. That unless the Dutch would forbear these pernicious de­signs, and own the undoubted Rights of the English with more sincerity then They had hitherto shewed, there could be no foundation for a­ny Agreement, nor any reason why we should loose time in attending their opportunities for our satisfaction and security. To what advan­tage will the Conclusion of any thing be, or what encouragement is there for any proceeds in things of that nature? For though Leagues are consirmed with all the Sacredness that Man knows of to bind the performance, yet if Profit be paramount to such stipulations, when a fair occasion is presented, no bounds, be they never so high and intrinsecal, will be able to preserve those Leagues from doing Homage to the Supream Deity of Gain and special Utility. Principles that center not in the performance of Covenants, further then they are for advantage, what differ they from, or rather How are they not more destructive to Civil Society and the Law of Nations, and true Religion, then that vulgarly ascribed to the Papists, That Faith is not to be kept with Hereticks?

[Page 71] We did remember a succession of Presidents in that Republick, How little regard They had unto their words and contracts: That no obli­gation of benefits received, no terrour of cautionary Towns could mo­derate their minds heretofore, but that they did most maliciously, im­pudently and intolerably abuse and defame Q. Elizabeth, whereof she E. Reidanus An­nal B [...]lg. ad An. 1587. made complaint by the Lord Buckhurst. Though She were by the Articles to protect them only until they could obtain an assured peace (not till they could form themselves into a Republick) yet did They constantly reject all overtures made by Her, for their reconciliation with Spain. Whereat Shee was so angry, that Shee writ to them, How Gravissimam hanc injuriam, [...]ngratum pro ingenti [...]us be­neficiis animum, justissimam Regi­nae causam dare, ut abjectâ Belgarum curâ soli sibi con­sulat. id. ibid. the indignities they put upon her Majesty were such; and their Ingratitude for the eminent favours conferred by her so villancus, that She might very justly desert the League, and relinquish their Amity. They formed a New Assembly of The States General, distinct from the Council of State, and thereby excluded Her Embassadour from being privy to all impor­tant affairs of State, which ought to have been communicated unto Him by the League, and was intended when He was admitted to sit in the Council of State. This Oldenbarnevelt said was no violation of the Treaty, because the Embassadour re­tained Ubi & vetera instituta & pact [...]a non prosunt Reipub. imò nocent, & [...]tamen fidei publicae causâ perpetuò rata esse debent, ad nova recurren­dum est, quibus nec tollantur vetera, & tamen quae ex veteribus oriuntur mala praeveniantur. Disquisit. po­lit. Hagae Comit. cas. 22. His due place; but the cognisance and debates of the chief affairs were transferred thence. It was then laid down for a Maxim of that Republick, That when­soever any received usages or leagues become inutile, or pre­judicial to the State; and yet, to prevent the imputation of Treachery, the Republick cannot but adhere to them; some new expedient must be found out, whereby those cu­stoms or contracts may not seem violated, and the publick detriment be also avoided. This fraudulent beginning had the High and Mighty States Ge­neral: and as the foundations of that Assembly were layed in Treache­ry, so the fabrick hath ever since been supported by the same Artifi­ces. Hereby they gained an opportunity of transact­ing with the French, and sending Him assistance, with­out —Teneri ex foedere Reginam foederatorum in castris milit [...]m suum relinquére. Ad ea Bodlaeus, etiam Patres adstrictos ait, bellicas res, modò ullius ponderis forent, cum Reginâ, aut ejus Senatu, communicare. Nihil­ominùs illos parum id moratos, centu­rias xx Galliarum Regi submisisse, nec adhibitos in conscientiam consilii Sena­tores Anglos, nisi jam decretâ re. Ne­quaq [...]am urgere posse Reginam ut pa­ctis stet, qui priùs corum ipsi limites exuerint. Reidan. Annal. Belg. A. D. 1592. ever acquainting of the Queen, or her Embassadour. Whereas by the Articles, All matters of moment that related to the war, were to be first communicated to Her Majesty, or those that sate, by her appointment, in the Council of State. At this She was so angry, that She was ready to recall Her forces, and desert them: and being urged with the Capitulations, Sir Thomas Bodley replied for Her, that It did not become such as obser­ved no Covenants, for to press them upon others. Neither were They more faithful in their Leagues with K. James, notwithstanding that He prevailed with the Spaniard to own them as Free States, and upon easie terms sur­rendred the cautionary Towns: After a firm Treaty in 1619. ensued the murther of the English at Amboyna, and other depredations in the East Indies. They were to make satisfaction for that fact by the year 1625. but K. Charles never lived to see any given: though He menaced [Page 72] them severely with Reprisals, or a War, in case He had not reparations within eighteenth months for the dammage His Subjects had received, L [...] ab Aitzma. p. 48. id. p 41. id. p. 82. and the indignities done to His Crown and Honour. In the year 1625. King Charles made a League with the Dutch, in which a sincere Amity was mutually agreed unto, each being to do what they could for the benefit, safe­ty, and security of the other. In the year 1627. They form a League with France, to aid that Realm, in case the English invaded it; and id. p. 86. that they would prohibit, as far as they could possibly do, that the English should be supplied with forces, ships, or ammunition to the prejudice of the French: during all which time the Treaty of South­hampton was in full force. Nor have the English only cause to com­plain of their perfidiousness, the Crown of France hath more then once been deluded by them. A. D. 1630. The Dutch made a League with France, obliging themselves never to make any Truce or Peace, either di­rectly, id. p. 92. or indirectly, without the privity of that King. This League was to continue Seven years, and the K. of France paying them 200000 l. sterling annually: Notwithstanding the assistance and moneys received in 1632. They treat with the Spaniard publickly, without giving any advertisement thereof to the French, or communicating any Articles. id. p. 107. The Treaty came to nothing; and thereupon They ratified the f [...]r­mer League of 1630. with France; adding other Articles for to make it offensive and Defensive. April 15, 1634. This League was to endure 7. years from the date thereof; and France to pay annually 300000 l. to the Dutch, besides other advantages. This League was made by the States General, without being communicated first to the Provinci­al States: Least this should vacate it, another was contrived Febr. 8. 1635. Here they oblige the K. of France immediately to invade Flan­ders with 25000 foot, and 5000 horse: and Neither party is to con­clude Con [...]unctione & consensu mutuo. Leo ab Aitzma, p. 176. any cessation, or peace, but in conjunction with the other, and with mutual consent: and the War to continue until the Spaniard be totally driven out of the Netherlands: the Provinces being to be divided betwixt the French and Dutch according to agreement. Notwith­standing all this, when the French had begun the war, according to The case stated betwixt. England and the United Provinces. the League, the Dutch privately sent their Secretary Musch upon ano­ther Treaty at Cranebergh; and after that unto Turn-hout: thereof they gave no notice to the French, but denied absolutely that He went Leo ab Aitzma, p. 180. &c. upon any such employment; until the Treaty was frustrated by the arro­gant demands of the Spaniard. The French, to secure themselves a­gainst these treacherous actings, ratifie the former Treaties by another, September 6. 1636. and they oblige themselves to pay the Dutch id. p. 201. greater sums of money the next year. Every year these Treaties were thus renewed, during the Reign of Lewis xiii. And after his decease, The same Treaties were confirmed anew, August 30. id. p. 259. 1643. In 1644. the Munster peace being entred upon, and Pleni­potentiaries to be sent from France and Holland, a League of Gua­ranty id p. 273. was concluded in order thereunto; in which it was agreed, that Neither party should enter upon, nor conclude any Treaty, without the conjunction and consent of the other; and to the end that one might not [Page 73] circumvent the other, it was agreed that the Plenipo­tentiaries should inform the Spanish Ministers, that there Legati ut Plenipotentiary, quoties id rogati suerint, Ministris Hispanierum Regis indicars teneluntur, mutuam obligaiionem ac foedera [...]ionem inter­cedere, nonnisi conjunctim atque communi consensu concludendi, alterúmque Tractatum prae alte o neutiquam promoveadi, id. p. 271. was a mutual confederacy betwixt France and the United Provinces, so that they were obliged to treat conjoynedly, and with mutual consent, and so to proceed that the Trea­ties of both were to be dispatched with equal expedi [...]ion. After this, March 10. 1645. all the former Treaties were again ratified, and a new sum of 120000 l. ex­torted from the French: The same was again done Apr. 6. 1646. and a greater sum disbursed by the French. But not­withstanding all this, the States General did not send out the Forces they promised, but rather contrived how to retard the success of the French Arms: They made their Plenpotentiaries swear to proceed Leo ab Aitzma p. 513. conjunctly, and according to the League of Guaranty with France: March 1. 1644. And presently after the said Plenipotentiaries came to Munster, they entered into a separate Treaty, first for a long Truce, and afterwards for a Peace with Spain: Amusing the French (and all the Provinces except Holland) with this pretext, that They did but conclude provisional Articles, which were to be inserted into the Munster-Treaty; id. pag. 406. but that all was to be of no effect in the mean while; and thus much indeed was expressed in the Preface to the Treaty: and so much of them was imparted unto the French: the rest they needed not to in­quire into, since the Articles were to be hereafter approved by them, and were only agitated now to pass the time. In the mean space The Dutch declined to assist the French; or manage an offen­sive war against Flanders; and being pressed to regard Hollandia deputati Gallorum [...]i­mos bello plant deditos credentes prop­ter iniquum plane atque absurdum Gallorum agendi modum, qui propter veterem Societatem, initósque Tracta­tus, nimiâ (uti existimabant) familia­ritate utebantur, à Gallis abhorrera cap [...]runt— their Treaties, the Provincials of Holland began to hate the French, as men that presumed too much upon old mu­sty Leagues and Confederacies, which was one of the great­est absurdities in the world. Instead of prosecuting the war in 1647. They found out an expedient to fulfill the League by ceasing from all acts of hostility at Sea; the which cessation was proclaimed by Leopold, June 15. id. pag. 654. 1647. and ('tis supposed) ratified by the States (though id. p. 566, 567. Aitzma could not find any deeds to that purpose) for They suffer'd their Subjects to take the benefit thereof; even the Zea­landers, who condemned the Action as perfidicus, did by vertue there­of drive on a gainful trade with Flanders. This year being thus passed, in 1648. The province of Holland by sundry circumventions, and such proceedings as repugned to the Union of the Provinces, commute the provisional Articles into an Absolute Treaty, and ratifie it without com­municating it unto the French, or any way attending their consent. Six of the Provinces were amased hereat, the people astonished: the Heer van Nederhorst, one of the Plenipotentiaries, feigns himself sick, refuseth to sign thereunto, and gave in his reasons to the States Gene­ral, id. p. 616, 617, 618, 619. 495. viz. that it was contrary to the Treaty with France; and contrary to his instructions and Oath, as Plenipotentiary: The which action of his was justified by his Superiours of Utrecht; and He received great thanks id. p. 519. [Page 74] for adhering to his Instructions, and the real interest of his Countrey. On the other side, the States of Helland by a publick Act, do assert the integrity and honour of their Plenipotentiaries, and avow they will id. p. 577. protect and vindicate them against all the world: giving them the general thanks of the Province. The Plenipotentiaries also by a Manifest en­deavoured id. p. 523. to authorise their demeanour; pleading That Treaties were subject to several senses, how express soever: that their procedure at Munster might fall under a good construction, if men would interpret it id. p. 502. aright, and consider how much is to be attributed to emergencies and occasions. That They had done nothing contrary to their Oaths and id. p. 501. Instructions, as some, especially the contradictious French, did cla­mour: They did respect the French Amity very much: but yet they found the obligations to their Countrey to be paramount: that 'twas true, they had an Instruction to observe strictly the League of 1644. and to com­municate id. p. 345. all their affairs with the French. But they had another more important Command also, which was, That they should do all things that were for the benefit of their Countrey, and Republick; and eschew all such id. p. 501. things, as (in their judgment) might turn to its detriment and prejudice. The French King writ Letters, and sent Embassadours to expostulate and protest against this Peace: but De la Thuillery either got no an­swer to his Memorials; or only this, That the States General were sa­tisfied, They had not failed in their respects to His Master: Most of the Provinces at first refused to ratifie the Peace, and Zeland was obsti­nate to the last, never signing it, nor suffering their Plenipotentiary Knuyt to attend the ratification. They desired, that since things were proceeded so far, the States General would but be so civil to their id. p. 644, 645. old confederate, His most Christian Majesty, as to send unto him, and acquaint Him with the true condition of affairs, and suspend the ra [...]ification untill the French had perfected their Treaty: that this was the great intent of the Munster-Treaty, to effect a peace for France and Holland, if not for all Europe. That to gratifie his Majesty thus far, was but a small return for such kindness as he had alwayes expressed for the United Netherlands: the particular testimonies whereof They should not relate, but so many, so ample they were, that when Hi­storians should record them, they would not be believed by posterity, as they could not be sufficiently acknowledged by any retributions; or assiduity of service, which the Dutch could pay unto that Crown. Be­sides, to ratifie this Treaty at Munster, what was it but to put an end to all the Leagues betwixt the United Provinces and France, even those of Guaranty? and then They should loose their best support and ally­ance: to the great danger of their Republick. But no Remonstrances could prevail against the Artificles of the Hollanders; wherefore by a plurality of votes (a course not legiti [...]ate in so high matters) the States General did ratifie the peace, and appoint it to be proclaimed and celebrated with bone-fires, June 5. 1648. The Zelanders again in­terposed, id. p. 685. Calling God and Men to witness, that They did never assent unto this Peace, with the exclusion of France: and that They were innocent as to all those calamities, and misfortunes, which either the wrath of Hea­ven, [Page 75] or Indignation of exasperated Princes might create unto the United Provinces. The Peace was proclaimed on the day asoresaid, but the people were so possessed with the horrour of the Action, that many in Holland (as Leyden) made not any bone-fires, and none elsewhere gave those usual signs of joy. The French KIng (whose candour was justified by Nederhorst) recalled his Embassadour from the Hague, adding that since He had no manner of League with them, a Resident might serve the turn there.

By the same peace they betrayed their confederates, the Prince Pa­latine, and the other Protestants of Germany, who might have had great advantages by a General Peace; but the Dutch only reaped the benefits of this. These Dutch left their old friends, the Hanse Towns, id. p. 578. out of the Treaty betwixt Denmark and Sweden in 1645. without a­ny other motive, then their peculiar profit. There is not a Prince, or State in Europe (or the Indies) that doth not form the like com­plaints against them. Even the Spanish Embassadour Le Brun averred, that the Dutch in a little time violated Seventeen Articles of the Mun­ster-peace.

As to Their Religion, we could never be convinced that The Hol­landers did regard any. Their first revolt was not founded upon any such principles: They patiently Neque alia Belli Belgici causa, aut tumultuum origo, in medium afferri potest, quicquid vulgò contra disser­ [...]etur, quàm quod vi armat [...] per Hi­spanos & alsos ex [...]ticos milites extor­quere à nobis voluerit, quod Comitia Ordinum pu [...]a utilitati adversari­um judicarent. Decret. de majest. & antiq. jure Batav. reip. endured the suppression of their Churches and Mini­sters: the Country did not stir thereat, nor upon the execution of so many thousand Protestants. The best of their Historians, and who was privy to the secret transactions of that age, begins his Annals with a quite different account: The States of Holland and West-Friesland avowed it: and it is notorious that the exaction of the Tenth penny by the D. of Alva, did more Quorundam opinio fert, non Re­ligionem Belgis; sed Decimam defe­ctionis fuisse causam: quippe antè ge­sta profugi patrârant. Unde gravi [...]r in illos divina fuisse pana vid [...]tur, quod sacris se exui passi, fragilium [...]onorum gratia bellum Regi movissent. Reidanus ad ann. 1570. exasperate them, then the Inquisition. By the pacifi­cation of Ghent, A. D. 1576. the Hollanders and Ze­landers, united with the other more Catholick Provin­ces, it being agreed that They should not attempt a­ny thing against the Roman-catholick Religion, or mo­lest any for professing it; but demean themselves without any offense: except it were within their pro­per A. E. Meteran. A. D. 1576. Rei­danus ad ann. 1578. Provinces: Governments and Commands were promiseuously disposed of to Papists, and those of the Reformed Religion. And by the Union at Utrecht, A. D. 1579. The Provinces of Holland and Zeland, are to be of what Religion they please: the rest of the confederates are to continue the Roman Cotholick Reli­gion; A. E. Materan, ad ann. 1579. or at least to make no alteration therein, but by General consent, or the Authority of the proper Magistrates. When they tendered the Leo ab Aitzma's notable revoluti­ons, in the prefa­tory account of that Union, A [...]. 13. Soveraignty of their Provinces to France, it appears by the Articles and Instructions, that They did not insist upon the having Protestant Ma­gistrates, but left that King to choose others, so they were but honest peaceable men, who would not persecute or molest those that were of a different Religion. When the Earl of Leicester came to be Govern­our Reidanus ad ann. 1584. [Page 76] there, He found not only Papists, but even Eccle­siastics at Utrecht, to rule in the Senate, and Province: Hic delectus magna in Belgicis mo­tibus mala dedit. Sape enim homines imperiti unum ob Religionis studium, ad magistratum evecti, rejectis viris praestantibus. magnique in repub. u­sùs, quòd non in omnibus eadem cum Reformatis sent [...]ent. id. ad ann. 1586. and the original of the quarrel and complaints a­gainst Him were, that He depressed the Papists, and ad­vanced Protestants, contrary to the League at Utrecht: in Their defense did Holland remonstrate against the Earl's proceedings: this was the reason why the Mini­sters and all the zealous protestants honoured and lo­ved the Earl, and only the Atheistical politicians of Hol­land Hac [...]enus Ecclesiasticorum quibus [...]un­que reformatae rel [...]gionis odium, aut caritas Hispani pretium non fuerant patrias sedes aut partes deserendi, pri­ma publ [...]è suffragia, privatim bono­rum [...]uique administratio Idque Gan­davensi & Trajectino foedere, & conditionibus iis convenerat. quas de tolerandis quam vis diversum circa sa­cra sentientibus Patres statuerant: qu [...]s contractus nunquam violari pas­sus Arausionensis, ut Gandavi totius Flandria exuio evenerat. id. ibid. opposed him. If we look upon them in their more flourishing condition; All Religions are tollerated there, as well as Protestants, even such as are most re­pugnant to the Deity and Gospel of Christ. Their a­ctions are regulated by principles of State, and up­on those grounds do they invite and encourage all Sects to live in their territories. When their interest doth sway them, they desert, or fight against Protestants. Thus they assisted the King of France with twenty Ships of war against Rochel, A. D. 1627. 1628. When the Bosch, Maestricht, and Breda were conquered, the Hujus [...]e reipub. operam fidam non solum sibi, sedsuis quoque rebus per­utile [...] exper [...]us Christianissimus Galli­arum Rex in obsidenda & occupanda Rupella. Martin. Schoockius de marit. Imper. c. 27. Popish Religion was alwayes tolerated openly in those districts, in such manner as it was exercised before: and so it was intended if Antwerp had been taken: and at the Munster-Treaty, the States General did include as a part of their Treaty, another private one made be­twixt the Crown of Spain, and the Prince of Orange, Leo ab Aitzma p. 402. 403. in which it was agreed, that in the districts of Seven­berg, Deductio ord. Holland. cap. 9. Sect. 8. Turnhout and other places, the Roman-Catholick Religion should be preserved entire, and in the same man­ner as it was when that League was made, and that All the Ecclesiasticks should enjoy their Endowments, Estates, Immunities and Priviledges. At Munster, their Excellencies the Embassadours and Plenipotentiaries of the High and Mighty States General, those pure Protestans, (out of meer ostentation, not business) sent to the Pope's Nuncio twice to acquaint Leo ab Aizma, p. 346. Him that They intended Him a visit. The Nuncio was not at home to receive the first Complement; Upon the second message, He was solici­tous what Answer to return. It was most true, That He might enter­tain them as the Embassadours from a Free State; whereupon neither the Catholick King, nor Catholick Church, had any pretensions: the one ha­ving relinquished His temporal claim, and the other having no Spiritual Power over Locusts, Infidels, and Divels: Yet He considered, That Navarrus manu. c. 27. n. 13. where the Keys of Saint Peter were of no value, those of His porter ought not to be made use of: That in this visit, He should rather give then receive Honour: That these Dutch were very arrogant, and had Leo ab Aitzma p. 341. instructions to dispute every punctilio of Ceremony and Respect: That in His Palace These Fishermen would take place of any Roman Fisher, and quarrel with Him, as They did with Mr. D. Avaux, for lolling a little upon their Half of the Table: That He must attend them to their id. p. 279. [Page 77] Coaches, and instead of Benedictions, Excommunications or Exorcisms, He must teach them to pay respect (not Reverence) by beginning it: Upon such motives as these He sent them word, That he was undressed, and not in a condition to see Them. The which Answer, They took as if They had been interdicted his sight, Sub sigillo Piscatoris. If the Devil had sent a Plenipotentiary thither, who would pay them all the puncti­lities of Honour, which their Instructions obliged them to insist upon with the Agents of Spain and France. These Embassadours (to shew id. p. 343. 3 [...]4 their grandeur) would at Noon-day have made a visit to the publick Ministers of the Prince of darkness. In that peace, They pursued no­thing but their private advantage; for if they had joyned in the make­ing of one General peace (as France and Sweden offered) the Prince Palatine had been restored, and the Protestant Religion [...]etled in Ger­many, according as it was before the war in 1618. This consideration id. p. 514. was pressed by some of the Provinces earnestly, and as a motive for the adhering to the Treaty with France. But these High and Mighty professours of the Reformed Religion were swayed too much by the Maxims of Holland, to prosecute any such matter, and instructed their id. p. 342. Embassadours to the contrary; their demeanour at Japan, is not the onely Scandal they have given unto Christendom: In the Kingdom of Pegu, when the English Merchants had refused (being commanded to attend the Emperour at a Solemnity) modestly, to sacrifice some parch­ed-Rice to the Idol in the Temple: as also did the Portugueses, spit­ting Mr. Britton a Merchant of London, now li­ving, was then present as chief of the English Merchants: from Himself did I re­ceive this Intel­ligence. upon the said Rice: the second man of the Dutch factory (the principal declining it) briskly takes the Rice, and addressing himself to the Idol, offers it, as became a Christian of Holland. And Mr. Be­vern [...]ngk being Embassadour to the pretended Common-wealth, did say occasionally upon discourse with a great Man in those dayes: That it was impossible for England to continue a Republick, by reason of the violent animosities arising from the differences in Religion. That in Holland, Christianity had no such effects upon the spirits of Men; so as that it might be said, There were many opinions indeed in Holland, yet but one Religion, which was their Interest: And we dare confidently avow, that of all that have lived as exiles there, not one found his reception to be bettered by the State, upon the account of Protestan­cy, or Puritanism.

Seeing the Cause of Religion did so little intercede for the Dutch, and their Treachery having been such as is expressed, the pretended Parliament and Council of State, weighing well their extraord [...]nary suc­cess at Sea, did conclude that Treaties of Allyance, how express and so­lemn soever, could not yield any security to the English, against the perfidi­ous MSS. Comment, Leo ab Aitzma, p. 844. Hollanders: that no contracts were able to ensure them that the Dutch would not attempt again to surprise their Fleets in the time of peace, and when they professed as great kindness as they had done in May, 1652. Whereupon 'twas determined to put no end unto the war, until the Dutch should assent unto a Coalition, so as that the two Soveraign pow­ers should be united into one, to consist of persons of both nations, as should be agreed upon; and All the people to enjoy the like priviledges [Page 78] and freedom in respect of habitations, possessions, trade, ports, fishing and all other advantages whatsoever, in each others Countrey, as Natives, without any difference or distinction. Other course they saw none, in which they might with prudence and safety acquiesce. The Province of Hol­land, being particularly sensible of the expense and other detriments which that war brought upon them, did privately employ Col. Dole­man and others, (gaining unto them Hugh Peters) to try the inclinati­ons Leo ab Aitzma, p. 816, 817. of the pretended Parliament: this was concealed from the States General, and known to few of the Provincials of Holland. The Eng­lish did not seem averse to a good peace; upon just and honourable terms; but refused to treat either in Holland, or any neutral place: nor would they condescend to any such negotiation, except the Hollan­ders did make the first overtures by a Letter. For as their necessities, not affection to peace, protestancy, or the English Republick, made them to seek it: so it was requisite for the Honour of England, which had been so despised, and ignominiously treated by them, that They should repair the pass'd Infamy and disgrace by effectual submissions. The States of Holland and West-friesland, considering the miserable distress, and incorrigible disorders of their people, did submit thus to confess their Errours. March 8. 1653.

THe States of Holland and West-friesland considering, that with­out MSS. Comment. doubt it is a remarkable punishment from the just judgment of God, irritated by the sins of the people, that notwithstanding the Leo ab Aitzma, p. 817. communion of the pure Reformed Religion, which ought to oblige the two Nations to Love, Unity, and a reciprocal care to procure each others good at home, and mutual lustre abroad (whereto Nature it self, by the vicinity of the Countreys on both sides, seems to have contributed and given advantage) yet contrarily, the present dif­ferences have caused that the prudence of nature is forced against Her aims, and the means which might tend to mutual Conservation, are employed to the ruin of each other; and that the Religion, the most dear and precious pledge, which by the Grace of God, hath been so long, and until this present, marvailously preserved be­tween the two Nations, against the machinations of the Enemies of its Honour, is become endangered. And also the Lord God having furnished both Nations with matter of thanks and praise to his cle­mency, in that by his grace they may subsist of themselves, and that they have the convenience of assisting each other in case of necessi­ty, and where his honour shall require it, by these very Nations in lieu of due acknowledgment of these his said mercies, matter is afforded to the Enemies of God, and of both Nations, of rejoycing, by their present confusions, and to hope for at length those will ef­fect for them that which they themselves have not been able to bring to pass: And that which adds to the reciprocal misfortune is, that by the alternate and uncertain successes and daily effects of Arms, seen by the great effusion of blood of the Houshold of Faith, on the one and on the other side, both waies apprehended by the Enemies of Gods [Page 79] glory, and his Church so precious, He that overcomes, considering the thing in true Christianity, ought to lament the victory equally with the other, who seemeth to be defeated. Wherefore the abovesaid What an impu­dent lye was this? and how unsea­sonably is it in­serted amidst so much sanctified language? But you must re­member it came from Holland, and De wit contrived it. States, carried on by a pious zeal, and being, through the Grace of God, in no wise constrained by any other consideration, have not in the least scrupled to represent the abovesaid to the Parliament of the Common-wealth of England, to the end, that They having the same apprehensions with the said States concerning this affair, Conside­ration may be had what ought to be done for maintaining the Ho­nour and Glory of God, and for the good of each other State; where­upon without doubt the Good God, for His Name's sake, by the in­spiration of proper and fit expedients, will give his blessing: Or in case the said Parliament be of another mind, the said States ha­ving abundantly discharged themselves, may with much more peace of Conscience attend the issue which it shall please God to give to the present Confusion and Disorders.

Done at the Hague. March 18. 1653.
By order of the States of Holland and Westfriesland. Herbert van Beaumont Secretary to the abovesaid States.

The Speaker received this Letter by a special Messenger, the Se­cretary of the Lord Adrian Paaw, whereupon it was referred to the Council of State to answer it as They thought fit. These considered that this Letter was the act of a Cabal, and not of the States General, and MSS. Comment. that They had to do with Hollanders, whose integrity they much suspe­cted: They determined to write one Answer to the Authours, and ano­ther to the States General, acquainting them with the private over­tures of Holland: intending thereby either to make the States General own the same recognition; or to create jealousies and animosities be­twixt the other Provinces and Holland, which had acted separately and clandestinely in a matter of that nature, contrary to the Union. These Letters were dispatched, April 1. 1653. wherein they told the Hollan­ders MSS. Comment. Leo ab Aitzma. p. 818. (in a dialect not less specious and pious) that the ‘inconvenien­cies to Religion in general, and to the Trade and Liberties of each Nation, were such as any man might have foreseen; and that none could be ignorant, how requisite it was for both Nations to pre­serve a good correspondence and amity together: That the Eng­lish had not omitted any thing on their parts; But the Dutch had as­saulted them in the midst of a Treaty for a strict Union; and their Embassadour had used such tergiversation, as made them justly i­magin, that their sense of things was different from what They now professed. That the good endeavours of the Parliament, were answered with unusual Preparations, Acts of hostility, and other extraordinary proceedings thereupon: That they had this comfort and satisfaction in their own minds, amidst the troubles and calamities of War, that they had with all sincerity done what lay in their power to obivate all the evils specified: That they did [Page 80] look upon the overtures of Holland, if approved of by the States General, to be an effectual means for composing this unwelcome war: That they should insist upon nothing but what was reasonable and just: However the Parliament having discharged their duty, would, in all Events, with patience acquiesce in the Issues of providence, whereof they had so gracious Experience.’

This was the import of the Letter to the States of Holland and West­friesland: that to the States General was more brief, though to the same purpose. Viz. That there could be no doubt of the sincere affection and good will which the English did bear unto the United Provinces: so that it might be well imagined, that they were really inclined by Just and Honourable means to extinguish the fire of war, stop the effusion of Christian blood, and restore Amity betwixt the Nations: That as They had not been wanting in the beginn [...]ng to prevent the ensuing calamities, so they were not altered with successes from their former good Intenti­ons: That they were ready upon the grounds expressed in the Letter from the Pro [...]incial States of Holland and West-friesland, friendly [...]to compose Leo ab Aitzma p. 820. malè sere­bant reliquae Pro­vinciae id Hollan­dos fecisse: con­tratium Unioni Ultrojectinae esse. Memini me Am­ [...]terodami, cum primum epistola: evulgeretur, au­divisse toto ejus Urbis Magistra­tu inscio decre­tam & scriptam esse: quod ta­men nec erat, nec esse poterat verum. Alibi si­militer. id. ibid. Leo ab Aitzma p. 350. 353. id. p. 349. 266. id. p. 269, 270. Ab isthoc anno 1632. Gallos non rogatos Aransio­nensium Principi Titulos majores magis (que) honora­rios concessisse; contra verò huie Statui, Invi [...]tissi­mi, Potentissimi, & Gloriosissimi Titu­los su [...]puisse. id. p. 268. differences, &c.

These Letters had that effect which the Parlamentarians proposed to themselves: The other Provinces complained of Holland, that They had broke the Union, by treating privately and separately. The States of Holland and West-friesland denied they ever writ such a Let­ter: The Commonalty raged thereat, and cryed it was more safe to fight then to trust that Parliament. But wiser men thought it impossi­ble for them to continue the war, and Count William of Nassau in­duced Friesland and Groninghen to joyn with Holland, and afterwards the other Provinces did consent to a Treaty. They were somewhat angry that the pretended Parliament had given no Titles in the in­scription of their Letter, and that They had now lost the Elogies of High and Mighty: They saw that this Treaty was not likely to be so Glorious for them as that of Munster, where Their Plenipotentiaries were stiled Their Excellencies, and the States General never mentioned but with the addition of High and Mighty: when the Count Penneranda waited on their Embassadours unto their Coaches; and Mr. le Duc de Longville, with D' Avaux and Sevaient gave them the precedence, and accompanied them to their Coaches: That the K. of France in a thou­sand Treaties and Letters had given them These Titles; and verified them by an Edict, upon complaint that His most Christian Majesty had robbed Them of the Titles of The Most Invincible, The Most Mighty, The Most Renowned, in some addresses of His; and presu­med to name them Sieurs Estats, instead of Seigneurs Estats in the draught of the League of Guaranty, 1644. But these Parlamentari­ans were people of no breeding, since They omitted these so usual Titles; and gross Sectaries from the Reformed Religion to deny them all the Attributes of God Almighty, viz. The Most High, The Most Mighty, The Most Fore-seeing States General, &c. Yet since they had to do with the Commors of England, not with Kings and Princes, with such persons They would not now dispute Titles, the omission where­of [Page 81] did not argue their weakness, but the rudeness of the English; and consequently the disparagement was on Their side. A Letter therefore was sent From the States General of the United Provinces to the Parliament of the Common-wealth of England. Wherein they declared, that ‘They had alwaies endeavoured with a good and sincere intention, not only Ra [...]e Lyes for a dying State. to keep, but to augment more and more all manner of friendship and correspondence with the said Parliament; and would now do any thing that might contribute to so pious and Christian, an Union: desiring a Neutral place, and Plenipotentiaries might be appoint­ed forthwith on both sides.’ Apr. 30. 1653. Whilst these things were thus transacting at the H [...]gue, Col. D [...]leman, and those that trans­acted for the Province of Holland, together with Hugh Peters, did make very submiss applications to the Members of the Council of State, and Parliament, confessing That they were not able to con [...]est with the puissance of England; offering to acknowledge the English for Sove­ra [...]gns of the Brittish Seas, to express this in each Captains instructions, and declare it by an Act of State: and withal to purchase their A [...]y with a sum of 300000 l. These overtures being made to Gen. Crom­wel amongst others, did raise in him an Ambition to aggrandise him­self, by deposing His Masters, who began to suspect his Greatness and designs: whereunto the Dutch animated Him into the hopes of that, or a greater sum. The pretended Parliament being secluded, the Army placeth the power pro tempore in the Council of State, it being constituted of many of the former Members, and some additional Offi­cers of the Army. The old Rumpers were befoold by Cromwel, as if He, by a kind of Dictatorship, would settle that equal Republick, which 'twas impossible to institute and effect by the Parliament. To the more devout and Fifth-monarchists He promised to erect a Dominion of Saints: both became hereupon divided in their intents, though equally anima­ted against the Hollanders. To them doth G. Cromwel impart the Let­ter from the States General, which their Messenger Mr. Thilman Aqui­lius MSS. Comment. had delivered unto Him: The Council returned an Answer, May 6. 1653. signed J. Lambert President: J. Thurloe Secretary, de­claring ‘That not withstanding the late change and alteration of affairs, which it had pleased the wise and all-disposing hand of God to bring to pass in the Common-wealth, yet They had the said amicable intentions for the United Provinces, with sincere desires to put an end unto the war, and establish a firm and lasting peace betwixt the Nations: That it would be tedious to send Ple­nipotentiaries to a Neutral place; but if The States General would send any to London, the Council would begin a conference with Them, and yield to any terms that might reasonably be expected.’ This revolution in England added new life to the drooping Dutch, they begin to contemn the new Government, and think to extort any conditions from the distracted Nation; they flatter themselves with an opinion that the conduct of affairs will be altered, that the Fleet would not fight, & that the pretended Parliament would attempt to re-establish themselves. Whereupon they equip out a great Fleet under Van [Page 82] Trump, De Wit, the two Evertsons and De Ru [...]ter: And withal design sour De [...]uties, Mr. Beverning, Nieuport, Vande Perre, and Jonstall, to go upon an Embassy unto England: whereof the first should go away presently, there to spy into the posture of the Nation, the intentions of the Council, and to keep on foot a Treaty which they would seri­ously purs [...]e, as occasion required. Their Fleet was much more nu­merous then that of the Engl [...]sh, the Commanders stout and expert: yet were They beaten June 2. and 3. upon the Coast of Flanders, a­bout thirty four of their Ships bu [...]nt and taken, and the rest chased home towards their ports. This ill success hastned the dispatch of the Deputi [...]s, and Van Beverning is immediately sent to London (not staying for a Pasport) where He arrives about June 16. there He found a welcome answerable to what He deserved: For His Superiours did hope to have retarded the English preparations and Counsils, whilst They encreased the Strength of their own Navy, so as that They doubted not to put a more speedy end unto the war by Battle, then by Composition: and the Council being aware of these intendments, and that They did not really and cord ally embrace the Treaty for Peace, They determined to use them with such haughiiness as Their present Victory inspired Them with, and since but one of the four was come, and He not likely to make any serious overtures, The Fleet was com­manded to lye upon, and infest the Dutch coasts about the Texel, new reinforcemen's being expedited: Nor did They doubt but the Terrour of the late bloody and g [...]llant fight, together with the sight of the same Enemies constantly before Their eyes, would fill Holland with con­sternation, and make them, with more sincerity and submissness, pursue the negotiation. Van Beverning finding Himself so little respected, and considering How deplorable the condition of His Countrey was, at last applies Himself by way of Petition to Cromwel, and the Council of State, in these words.

To his Excellency and the Lords of the Council of State of the Republick of England.

THe subscribed Deputy of the Lords the States General of the U­n [...]ted Provinces, having order on their behalf to propound divers MSS Comment. points of importance to his Excellency, and the Lords of the Council of the State of England, prayeth most humbly and instantly that He may obtain a favourable Audience, as soon as their other affairs and deli­berations may permit them, and if it might be, to day or to morrow. Done at London the 20/30 of June, 1653.

But He could not prevail to be heard until the last day of the Month: He was very submiss in his address, gave the Council of State the Title of Illustrious, and termed them Mess [...]igneurs: and ‘praied that ibid. God with his holy Spirit might preside at all their consultations, and bless their Government and the Nation with all prosperity and happiness, he desired that the memory of the past actions might be [Page 83] obliterated, and that a perfect Amity, and indissoluble Union, and more entire correspondence then ever, might be established be­twixt both Nations. That He, and three more out of the States General, were sent to renew, with all candour and sincerity, the protestations of their whole affections towards this Common­wealth, and to assure His Excellency and their Lordships, that They remain also continually in the same mind, and in the same in­tentions, They desire with all their hearts, that with a mutual consent, upon honest and reasonable conditions, this unhappy and bloody war might be ended, and a firm and perpetual peace e­stablished betwixt the Nations. You see, My Lords (added He) the freedom and ingenuity of their deliberations: They oblige Leo ab Ait [...]a p. 825. not themselves to formalities, and have made no scruple to send their Deputies to your Honours, without insisting so much as up­on a Pasport, expecting from you a reciprocal candour and free­dome.’

After this He tendered to Cromwel a Proposition for a streight Alli­ance betwixt the two Nations, to be sincere, perpetual, and inviolable: desiring They would relinquish the demands of ‘Satisfaction and MSS. Comment. Security, and acquiesce in a Defensive League, whereby each Republick should assist the other with all their sorces, to preserve Leo ab Aitzma p. [...]25. and defend reciprocally the Liberty and Freedom of the People of both Nations, against all that should endeavour to trouble them by Sea or Land: Never doing or permitting that directly or indi­rectly, any Act of hostility be done to the prejudice of this Alli­ance, neither that any Counsil or aid [...]e given to the Enemies or Rebels of the one or other part; But to the contrary, hindering effectually and really all such and the like enterprizes, and rigo­rously punishing the Authors, as it is fitting.’ This (besides mat­ters of commerce) was the subject of his Proposition, which He con­cluded with a prayer, That the Great, most good, and most mereiful God, would preside in their Counsils with his Spirit of peace, &c.

Thus did He make an introduction to that Treaty which the other Three Embassadours were joyntly to carry on: They arrived July 2. MSS. Comment. 1653. and all joyned in one Petition for a common Audience, praying thrice-humbly and instantly they may have a favourable answer to the Pro­pos [...]tion made by the Lord Van Beverningh: beseeching the God of peace to co-operate.

After that their Credentials and Power had been enquired into, the Council of State returned Them a peremptory Answer that ‘without satisfaction for what had been acted agai [...]st England, and befitting Security, that no such thing should be attempted again, they could not proceed to any League of Alliance. The Dutch replied, that It was strange They should press so vehemently for Reparation, Leo ab Aitzma p. 828. who had so effectually satisfied themselves already by the prizes taken, which were so many, that the loss of their Subjects was in­estimable. As to Security, They beseeched them not to doubt the sincerity of their Intentions, nor to imagine that their Superiours [Page 84] would refuse to secure them by any just means and equitable ways: and prayed a Conference.’

Many conferences ensued, in which the English treated them with much haughtiness, accordingly as They deserved: They wholly insisted upon Satisfaction for all the charges they had been put unto; and for Se­curity: declaring that protestations of sincerity and love, or written com­pacts could never assure them sufficiently of the Faith of the Dutch or That they would continue sincere, who had dealt so treacherously in attacquing their Fleet.

Both parties did talk of nothing but sincerity of affection, and inte­grity of their thoughts and hearts: Both were for laying the foundations of a godly peace, the promotion of the Glory of God, the advancement of the Reformed Religion: Both were impatient for an eternal, intimate, Leo ab Aitzma, p. 828. and strict Union, such as never intervened betwixt two Nations: But they could not agree upon the means wherby all this was to be effected: The Dutch were so zealous for the prosecution of the Glory of God, and the benefit of the Reformed Religion, that they held it a great Impiety a­gainst Heaven, and a most enchristian deed, to protract by any Scruple whatsoever the strict, good, sincere and mutual Amity betwixt the two Gloriam Dei, pro­pagationem fidei, salutem utriusque populi s [...] spectare vel [...]nt; sine summâ impietate in hoc [...]ello ob nescio quos scrupulos continua­ri non posse. id. p. 829. Nations; because it was so important for the Honour of God, and pro­pagation of the Gospel. The Council of State did not come short of them in general expressions of kindness, and the like: but since the matter in agitation did Involve the welfare of the people of God, and the support of the cause of God in these Nations, they could not betray these by neglecting to take requisite security.

The Embassadours were much perplexed with this intricate procedure, and found a necessity to prepare for another fight, since the Treaty was thus delayed: They urged the Council to come to the particulars wherein they would place their Security, July 15. 1653. To which they received this Answer. That albeit they might justly pursue to the highest point the Article of Reparation, yet to shew their Candour, and hearty inclinations to the strict A [...]ity, they would not aim at great sums of money from the United Provinces, very much prefer­ring a Peace upon just and honest grounds, before any consideration of that nature. And as to Security, since they were all so well agreed in the General expressions, the Council thought fit to declare, that MSS Comment. Leo ab Aitzma, p. 830. ‘This State is willing the said Security be, by Uniting both States together in such manner as they may become one People and Com­mon-wealth for the good of both: By which means, not only the present breach will be made up, and the difficulties of adjusting of each others interest by Articles of Alliance and Confederation will be overcome, but all occasions of future difference removed, and the strength and riches of both Nations, which are now em­ployed one against another, will be united for the common defense and preservation of the whole.’ July 21. 1653. The Embassadours being desired to give in a speedy Answer hereto: ‘seemed not well to understand the Proposal: They were very ingenuously and sin­cerely ready to make and establish such an Union and Confederacy [Page 85] with England, whereby both the States (conserving their several present constitutions of Government) may be so closely United, and so nearly bound together; that they may remain as one people and one Common-wealth. They were exceeding glad to find that God had put into the Hearts of their Lordships likewise, so good and pious intentions: and did beseech most instantly, that after these general and mutual declarations, their Lordships would de­scend to the particulars which thereto shall be judged by them fit and convenient.’ July 22. 1653. The Council returned Answer on the same day, that ‘They did not approve these delayes; That the Embassadours did not speak about any Satisfaction to be given: and did also, where they speak of strict Union, interlace words of M S S. Comment. Confederation, and other expressions inconsistent with the common and genuine notion of Coalescence.’

The Embassadours hereupon replied on the same day, ‘That the Lords of the Council having expressed themselves so, as if they did not value money in comparison of a just, firm and honourable peace; the Embassadours thought they had relinquished the claim Leo ab Aitzma, p. 830. of Satisfaction. That they used the term of Confederation, because their instructions were so worded; and by reason it was most sig­nificant to that near and intrinsick Union, which they desired: They confess ingenuously, that not having found that word Coali­tion in the Answer of the Council July 21. but that of Confederati­on and Union, They do not conceive what the Lords of the Council do understand thereby, unless they shall please to explicate them­selves.’

The Council rejoyned: ‘That as to the Satisfaction demanded, the Embassadours did mis-alledge their sayings, who only expressed M S S. Comment. Leo ab Aitzma, Ibid. How moderate they would be, but never intended to decline that demand totally. As to Coalition, it was sufficiently insinuated in their proposal at first: That they did not now urge the word, but the Thing; which was emphatically enough declared unto them: That their intendments were that both Nations should become One in Government, not pretensions of Amity, and that they should in­distinctly fish &c. with the English, and the English indistinctly Trade with them every where, &c. Concerning this their Catego­rical Answer was speedily expected; the Council having clearly explained their minds concerning Treaties and Leagues of Amity, and Confederation between these Nations; The insufficiency where­of to attain the ends of a lasting and durable peace, is apparent by the attempt and war made upon this State contrary to these Trea­ties, unless the same may be otherwise secured then heretofore they have been.’ July 25. 1653.

The Dutch Embassadours finding themselves necessitated to reply di­rectly unto the point of Coalition, did give in A Memorial thereupon, the which, and the Answer of the Council of State, were as fol­lows.

[Page 86]

To the Lords of the Council of State of the Common-wealth of England.

THe subscribed Deputies of the Lords the States General of the United Provinces, having nearer considered the Proposition ex­pressed in the paper, which from the said Lords of the Council in the Conference Munday last was delivered to them; find themselves ob­liged to declare, that the said Lords the States General have alwaies had a singular good affection to the English Nation, and endeavoured not only inviolably to observe the Ancient friendships and corresponden­cies established by the Treaties of former times; But further, to make a more firm and streight Union upon grounds of the common In­terests of the One and Other Republick, and upon the offers of a mutu­al and more intrinsick Allyance on the behalf of the Parliament of this Common-wealth, They have presently used all possible means to faci­litate the advancement and the conclusion of such a Treaty, and have from time to time continued by all convenient wayes, by sending o­ver their extraordinary Ambassadours, by their Letters, and lastly by the said Deputies to reassume the interrupted Negotiations, and to advance the same to such a perfection, that by a Treaty of a nearer alliance and intrinsick Union, the Glory of God, and the propagation of his Gospel may be advanced, and the liber [...]ies of the people assured, to the mutual good and interests of both Nations. And Considering the Lords the States General, have from the first beginning till this present time proceed­ed in all the said Premisses with an i [...]reprehensible candour and integrity, the subscribed D [...]puties confess, that the said Proposition, in such terms, was Unexpected: having never seen, or heard in any of the Propositi­ons of former times the least mention of a Coul [...]tion, or mixture of the several Soveraignties: Fully perswading themselves that such Imagina­tions had never been in the thoughts of either. And because the words Of a near Union and Confederacy have alwaies been most proper and sig­nificant to express the sincere intentions concerning the mutual Allyance, They marvail at it, that now in the said Propositions of the Lords of the said Council it is expressed, That nothing more was offered by the said Deputies, but a streight and close allyance between the two Nations, by a League of Amity and Confederation, being glad that in the same Paper the Lords of the Council do openly confess, that the very s [...] had been propounded by the said Deputies at their first Audience, and that the same Overtures have been made before ever the war began, and confess inge­niously that yet they are not able to find a more convenient expression to the intention of their Lords and Superiours, or to the nature of the business it self; the intention of the Lords the States General having ma­nifestly been propounded from time to time, and especially in their last Papers dated 22/2 and 23/2 July / August and the nature of the business it self being so conform to this intention, cannot be otherwise managed, or expounded; unless with the unusual novelty of such a Coalition and Mixture, all be put in hazard to be imbroil'd in all sorts of Confusions [Page 87] and Impossibilities: If the Treaty of Allyan [...]e and Confederation of the year 1495. be considered, there will be found a good, sincere, true, entire, perfect and firm Amity, league, confederation, peace, and union by Land, by Sea, and the fresh waters, for ever. And if the Other succeed­ing Treaties from time to time be examined, the same, or like words, will also be found; but of Coalition of Nations and Republicks, and of mingling the Soveraignties in such manner as is propounded, not the least mark will appear, nor in any former ages in any Histories, or any Treaty of any Nation. The Am­phictiones This is false; it being usual in the Roman Empire for several C [...]ies and Countries to be incorporated by Coalition into the City of Rome, The Soveraignty being thereby mingled, and yet the Municipal cu­stoms and Laws in many things, or totally remaining distinguished. in Greece, the Associated Cities in Italy, in the first times of the Romans, who were so straightly and closely confederated, that they had the same friends and enemies, have yet maintain'd every one of them an ab­solute Soveraignty. The same is, and hath been obser­ved by the Switzers, Grisons, and others in their con­federation; the Princes of the house of Burgundy, ha­ving obtain'd by succession and time the Dominion of the seventeen Provinces, have endeavoured to Unite them Under one head, and su­pream absolute Authority; the Princes of the house of Austria in the same quality, and being supported by the German Empire, and so many Kingdoms, have not only imployed all sorts of Policy, but all their Arms and Forces to the same effect; but the States of the said Provinces, have not only opposed themselves with all sorts of reasons, and remonstrances, but at last to maintain their Rights and the Priviledges of their Provinces, have imployed their forces to the utmost hazards of their lives and fortunes, and by God's blessing have had an happy Issue, and, being necessitated to a mutual defense, for the future stand united by the most compleat and firm confederation that could possibly be made, yet with great precautions of their several Soveraignties and Priviledges, which cannot admit any mixture and con­sequently They cannot because They will not. The Union of Utrecht doth not meri [...] the name of a firm Union, the which [...]very Province breaketh when They please, If it had been by entire Coalition, it had been more political and valid: As the Government and Strength of Italy was more regular and compact, when all the Cities were reduced into one Republick, then when the Cities were, with distinction of Soveraign­ties confederated offensively and defensively together. no Coalition so qualified as is here propoun­ded. And how can it be conceived for us to joyn or unite our selves more strictly to others, then we are a­mongst our selves? The same incongruities which offer themselves in the general, would be discovered in the particulars, if all the circumstances of such a Coalition should be represented at large, the marks, the rights, the effects, the execution & practice of Soveraignty consider­ed apart, would include a thousand impossibilities, which are needless to specifie in this Paper; Assuring them­selves that the Lords of the Council of State do easily comprehend them.

And to Answer again to this Proposition, the subscribed Deputies are obliged to say, that having been invited hither to a negotiation honou­rable and just, They cannot comprehend that the Lords of the Coun­cil would now retard a business of so high a consequence, for circum­stances which they themselves cannot but judge impossible; but will rather condescend to reasonable Articles and Conditions by a Treaty [Page 88] tending to a firm and mutual union and confederacy, wherein might be found the reciprocal satisfaction and security so much desired. And if, contrary to their expectations, the Lords of the Council persist still in the same resolutions expressed in their last Paper, the said Deputies will be necessitated to return to their Superiours, to relate and give an account to them of their negotiations here. And to that end, do earnestly desire that as soon as possibly they can, the Lords of the Council will be pleased to afford them the opportunity of taking their leaves: being very sensible, that after more then five weeks expectancy, they shall be forced to return without any effect of their wished and sincere intentions so often reiterated in their several Pa­pers.

Protesting before the Almighty God, that to their Power they have not been wanting to set a just and fitting period to this bloody and Un­christian War: and will be no wayes guilty of the Innocent blood, and sad inconveniencies that will of necessity fall upon both Nations, they having such pregnant Reasons to seek each others mutual good and pro­sperity.

The Answer of the Council to the aforesaid Paper.

THe Council of State having perused the Paper which the Deputies of the Lords the States General of the United Provinces sent unto them upon Wednesday night at seven a clock; do confess themselves to be very much surprised therewith, having in no sort expected the Answer given thereby to the Proposition of the Council conteined in their last Paper delivered unto them in a Conference the Monday before: and cannot yet comprehend the particular reasons and grounds which have moved their Lorships thereunto. And therefore find it necessary to declare, that having seriously weighed and considered with themselves the true Interest of both Common-wealths, the state and posture of each others affairs, and the grounds and causes of the present differences, with the security which this State was in justice to expect; It was not obvious to them by what other means this breach could be throughly healed, a peace secur'd, and those ends professed by both sides to be aimed at in this present Treaty accomplisht, then by the Uniting both States into one Common-wealth, whereby a security would not only be obtained, but great advantages arise out of it to both States, especially to the people of the United Provinces: which is so demonstrable, that if the said De­puties had by their Answer given opportunity for the Consideration of particulars, instead of having under the General terms of Confusions, Impossibilities and Novelties, condemned and concluded against it, up­on Allegations that they have not found such Coalition and mixture of So­veraignties in the first times of the Romans, or in the Histories of former Ages;. No doubt would have remained concerning the Candour and entire affection of this State in the propounding it, or of the real bene­fits which would accrue thereby: and it is such an Instance of friend­ship and goodwill on the part of this State, that (all circumstances con­sidered) no age can procuce a Parallel.

[Page 89] And therefore the Positive refusal of this Tender is no less strange unto the Council, then it is to find also in the same Paper, that the said Lords Deputies do confess openly and in express terms, that no more is meant by their often repeated words of more Intrinsick Union, and close and straight confederation, that what is contai [...]'d in the Pro­positions offered by them at their first Audience, whereby they do de­mand free trade to the Islands and Plantations of this Common-wealth in America, prohibited by an Act of Parliament to all Strangers; and in the same Article restrain this Common-wealth from trading to their These Propositions with the Reply of the pretended Parliament. are recorded in Leo ab Aitzma, p. 7 [...]0 &c. Plantations in the East-Indies, or elsewhere, save in Europe: the re­calling, as to them, the Act lately made for the Encouragement of Trade and Navigation, & the taking away of Strangers-Customs, liberty for their people to buy land in these countries equally with the Natives Nay, by the first article of these Propositions, They do in effect demand to share with this State in the Soveraignty of the Narrow Seas, and in their rights of Fishing: so that whereas the Council d [...]d propound the Uniting of the two Common-wealths into one, whereupon would follow an equal com­munication of all priviledges and advantages without distinction of Place or Persons, and wherein the Advantage would be to the People of the U­nited Provinces in respect of the greatness of this State, the multitude of [...]orts, the fishing, and other Advantages which the Netherlands have not: they on the other part would unite in an allyance so farr, as might only give to One side a right to what is peculiar to the Other.

And these things being askt and vehemently insisted on by the Three extraordinary Ambassadours of the United Provinces before, and at the time of the Attempt made by their Admiral Tromp upon the English Fleet, and the same being now again revived, and prest in every Pa­per, as it cannot be otherwise understood, but that the Present War was begun in a great measure to obtain these by force, seeing they were not likely to be had by a Treaty, so doth it so much the more justifie the de­mand of this State for satisfaction, and concern them to insist upon secu­rity for the future; which latter they have not in any of their Papers confined to Coalition, as excluding all other wayes or means of securi­ty, having propounded it no otherwise, but as that which in their judg­ment ‘is most just and equal in it self, most honourable and profi­table unto both, most easie and practicable in respect of the present difficulties; and lastly the most likely means by the blessing of God to obviate and prevent the designs of the Enemies to the Interest of Christ and his People in both the Nations.’

And seeing the said Lords Deputies are of another mind, the Council did expect to have understood from them by what other particular wayes and means this State shall be secured (nothing having hitherto been propounded by them, but what gives rather ground of Jealousie then Confidence) with their direct Answer to the Demand of Satisfa­ction, that thereupon the Council might speedily have applyed them­selves to a reasonable and moderating ascertaining of the sum; & are sorry that after six weeks time They have not been able to obtein either. Not­withstanding this State have not omitted at large to explain and evince [Page 90] the justice and reasonableness of their demands on that behalf; nor to declare the same by their Letters writ as well to the States of Holland as to the States General before the sending of the said Deputies hither, expressing themselves therein ‘ready to proceed upon the same grounds for making up the present breach, as formerly they of­fer'd in Answer to that part of the Paper of the Lord of Hempsted, desiring This State to propound what might be just and reasonable for composing the present differences; and without other altera­tion then what is incident to that which hath since happened in this unwelcome War:’ which the said Deputies themselves acknowledge in their said last Paper to be an Invitation honourable and just: and Therefore the Council doth the less understand why ‘They delay to conform themselves thereunto, Seeing no more is insisted now upon, then was plainly expressed in the afforesaid Letters, which they call their Invitation hither.’ And this being in brief the true State of the Proceedings hitherto, if the said Deputies of the Lords the States General shall judge it best for the Interest of both States and the Protestant Religion. to return home without giving any satisfactory answer to the Demands of Repuration and Security, and thereby leave the Nations imbroyled in this bloody War, when it is put into their pow­er to End it; Although the Council cannot deny to give them Audience to take their leaves at what day and hour they shall desire it, yet this State will be able ‘to acquit themselves before the Lord and all good men,’ that with all uprightness and sincerity they have contributed their Endeavours to ‘make up the breach, and to unite the two Na­tions more firmly and entirely then heretofore.’

This Paper amazed the Dutch Embassadours; it being manifest that the English were inexorable, and resolute not to entrust their future safety and peace upon any pretensions, promises, or assurances which the United Provinces could give them: that it was impossible to divert them from these sentiments by any Artifices, or by the interposition of any forreign Prince, in regard that the Council of State had decli­ned the medi [...]tion of the Crown of Sweden, telling Mr. Lagerveldt, Embassadour thence, that ‘They thanked Her Majesty of Sweden for the zeal which she expressed for the resettlement of peace be­twixt England and the United Provinces: That the Parliament ho­ped, Leo ab Aitzma, p 816. and did pray to God, that the hearts and minds of the States General might be seriously disposed to accept thereof.’ Wherefore they desire a Pass for two of them, W. Nieuport and Allard Peter Jong­stall to go unto the Hague, there to give unto their Superiours a full re­lation, with all the circumstances of these proceedings. The which was readily granted, Aug. 3. 1653. The Council adding, ‘That as They had omitted no just and sitting means to testifie their readi­ness to a peace with the United Provinces: so do They continue the same good intentions, and shall still contribute their endea­vours to effect the same, for the mutual good and security of both States, upon the grounds and principles expressed in their former Papers.’

[Page 91] The Embassadours Mr. Van Beverning, and Van de Perre, which re­mained in England, omitted not to sollicite any persons that they thought might influence the Council of State: The total defeat of their Naval forces, accompanied with the Death of Van Trump, ensued the departure of those Deputies, and the States General were about the same time acquainted with the demand of the Council of State, and with the Successes of the English under the Admirals Blake and Monk, who had sunk and fired about thirty Men of war (no quarter being given till the end of the battail) six Captains, and about a thousand Men were taken prisoners, and about six thousand slain. This added much to the courage of the English Nation in general at home, and to their re­nown abroad: the Royalists had no commiseration for the Dutch, be­cause they had refused to mix the interests of the King with those of the United Provinces; from whence They did collect that the Hollan­ders did really intend the subjugation of England, and that their pur­pose was to reduce the Nation to a perpetual dependence upon them, as to Navigation and Commerce. The Parlamentarians did not doubt of the sinister ends of the Dutch, and that They most perfidiously inten­ded the destruction of the English Fleet: The Munster-peace was fresh in every ones Memory, and none could promise to themselves any security in the Leagues and Promises of the Hollanders, who had so horribly deluded France: The point of Coalition seemed most just and eq [...]itable, since it brought the Dutch into that condition which they beg­ged upon their knees to be received unto in the dayes of Q. Elizabeth; and the effects of all the English conquests appeared moderate and Christian, being to terminate in the making an union of the two Nati­ons, and putting the vanquished in the same estate with the Victors: As to the dominion of the Sea, none doubted that it was the Right of Eng­land, and that we ought not to abandon it, and suffer the encroach­ing Dutch to grow too potent thereon: nothing being so certain as this, That ‘the Dutch, wheresoever they mingle themselves, do under­mine and destroy the Trade of all other Nations that resort unto those parts.’ The Convention summoned by the Council, and vulgar­ly stiled Praisegod Barebone's Parliament, were as averse from the Dutch as any men: They looked upon ‘them as car­nal and worldly politicians, Enemies to the King­dome At Black-friers Meeting, they pronounced all the Reformed Chur­ches (but especially [...]he Dutch) to be as the out works: o Babylon, and that they must be taken down, be­fore there could be any coming at the main fort. They did devov [...] them to destruction, and presaged their destruction out of several Texts of Scripture accommodated there­unto. of Christ, and such as would, upon all occa­sions, retard the progress of the Saints and Peo­ple of God, in overturning the powers of this world: that Antichrist, the Man of Sin, could never be de­stroyed in Italy, whilst the Dutch retained any con­siderable strength in the United Provinces:’ The Nicety of the Flag they did not much insist upon, nor assert the dominion of the Seas, but they did hold it necessary, in order to the coming of Christ, and the per­sonal Reign, that the Seas should be secured, and preserved as peaceable as the Land, and that all Powers, whether by Sea or Land, ought joint­ly to submit unto the Sceptre of King Jesus, whose wayes They, and [Page 92] not the Hollanders, were to prepare. As for the procedure of the Dutch by way of Petition, they thought it might be continued, since the power of the Council of State was all one with that of the Saints, and theirs derived from Him to whom all power is given: And upon that account the Dutch ought to continue their addresses of Messeig­neurs and Tres-illustres Seign [...]urs, most honourable Lords, unto the said Council, not in that sense wherein it is forbid by the Gospel but in that whereby our Lord Christ assumes such T [...]les, and likewise confers them on the Saints: that the signification, not sound of words was to be at­tended unto: that there is a great equivocation in Language, that King and Kingdom, Power and Dominion, are names equally communicable to Christ, and Satan, but yet there is a vast difference in their import on such d [...]stant cases: The Saints therefore might tolerate them with­out scruple, and the Dutch ought not to refuse them, least it should be deemed a rejection of the Kingdom of Christ which was now approaching: that the Dutch ought to kiss the Son, least he be angry and they perish; and should have a care how they contemned his holy ones, least they were chastised with the rod of Iron. In sine, so little did they value these emp [...]y Titles in reference to the world, that if the Deputies would sa­lute every masiiff dogg or barking curr in England, with the comple­ment of Monseignor, they would not resent it as an Indignity. The Embassadours were now móre perplexed then before, it was difficult to treat with, and impossible to prevail upon these Men: they were now in danger to be absolutely ruined as Enemies of Christ, rather then of England, and a Coalition with England would not satisfie, ex­cept they likwise annexed their Provinces unto the Fifth Monar­chy.

In Holland the distractions were so great, that the common people o­beyed no longer their Governours, The Placaris of the States General were despised, and They in danger to be plundered and ruined by the ignorant and impetuous rabble: However the Provincials met and Leo ab A [...]zma, p. 853. consult about new Instructions for their Embassadours in this juncture: The opinion of Holland was, that The Coalition should never be as­sented unto: but a strict League Defensive should be proffered, in the same manner as before: that They ought to contract forreign Amities, especially with France; and equip out a Fleet with all possible ex­pedition. The other Provinces advised that assistance should be gi­ven to the Scots; and no satisfaction yielded unto the English: and that a League should be made with France, Brandenburgh, and the German Princes. After this Nieuport and Jo [...]aestall depart for England, with instructions to protract time according as they saw disorders to encrease there upon the male-governance of that pretended Parliament; to be ample in the Ganerals concerning the defense of the Reformed Religi­on, and of the houshold of faith: to reject the Coalition absolutely, and to offer a strict and intimate League, but dealing as tenderly as They could in point of Reparation, Satisfaction, and Security. Being come to London, their Reception was somewhat cold: The most secret transactions of the States General were known to the Council, as also [Page 93] their private Instructions: They knew also that They were distracted into innumerable factions at home, the which were not to be reconci­led: That Holland complained it was exhausted by the losses they had sustained, and contributions paid in this war: that some other Pro­vinces excused themselves by their poverty from contributing to the publick: that they were afraid least the Electors of Col [...]gne and Bran­denburgh should repossess their Towns, or the Emperour, in right of the Empire, seize them: They were jealous of Spain, and uncertain least France should resent the Munster-peace, so as to delay their A­mity: Neither was it to be doubted but that all these Princes would make them dearly purchase their Allyance: nor was it possible for them ever to man forth their Fleets, so great a consternation had the last fight and the death of Van Trump infused into them. The Fifth-Monarchists were animated against them by the news of their Forreign Allianc [...]s: It was no more then was prophesied in Scripture, and in course to be expected, that the Gentiles should rage, and the Kings of the earth set themselves against the Kingdom of Christ: but they should all fall be­fore him, and be broken to pieces: They were fierce to encounter Gog and Magog, and, by a series of victories, inflamed to the combat with this Antichristian host.

After the Deputies had consulted together a few dayes, they repair­ed to Mr. Jessop, Octob. 27. 1653. to deliver this Petition to the Council in French, and English.

A Messeigneurs dú Conseil d'Estat de la Republique a'An­gleterre.

THe subscribed Deputies of the States General of the United It is observable, that in the French they stile the Sta [...]es General, Messeigneurs les Estats generaux, which they omit in the English. Provinces, being charged by their Superiours to propose to the Council of State several points of importance, doe thrice- humbly and instantly beseech, that to them favourable Audience may be granted as soon as it is possible, and the important affairs of the said Council will permit.

On the next day They obtained Audience, Octob. 28. 1653. and with great submissions delivered the following Paper in French and English.

The Translate of the said Paper in English, as the same was then delivered by the said Deputies.

Most honourable Lords,

OUr fellow Deputies Nieuport and Jongstall (having with all inte­grity and fidelity related to the Lords the States General of the United Provinces, all the Propositions which on our part since our first arrival here, have been exhibited to your most honourable Lordships and the answers which you have been pleased to return) are come back a­gain with express orders of our Lords Superiours, that we together should [Page 94] make our addresses again to this most honourable Assembly, and renew yet once again the most sincere and cord al protestations of their inviola­ble affection to this Common-wealth, and have charged us to declare, that ‘as, in general, the name and bloody effects of so sad a war are to Oh! the extraor­dinary affection they bear to a Republick, and to the Fanatick English! them most abominable, so, more particularly, they derest it in re­gard of the Government and Nation, wherewithal They are ingaged.’ We are likewise perswaded that there are no Christian considerations nor rules nor maxims of State, or particular reflections which do not oblige Us reciprocally to joyn and unite us closely and firmly with heart The necessity of the Dutch to joyn with those English against the King and Royalists. and affection, of Will and Deeds, against the machinations of all them who endeavour to disturb, together with the truth of God and his holy Word, the [...]ommon interests of both Common-wealths. We consider also that all Soveraign powers are from God, and that the same Lord of Lords hath ordained them to the Glory of his blessed Name, for the advancement A Dutch Com­plement to the Parliament of Praise-God bare­bones. of his Truth, and the lawful liberty of his people.

We consider further, that the form and constitution of our Govern­ments, and the intrinsick interests of both Nations do lead and invite us, yea urge and press us to a streight and sure union, for the discharge of our duties of piety and justice which we owe to God and the People of both States: And finally we consider, that we are reciprocally obliged to stop and prevent the further effusion of innocent blood of the Profes­sours of the same faith, and to maintain with a mutual agreement and with all our forces, the Cause of God, and his holy Gospel.

Therefore most honourable Lords, for the Glory of God and the love of his Truth, and the welfare of both States and Nations, let us joyn our hearts, our hands, our wills, and all our forces against all them that shall It is observable, that from the first beginning of the Treaty with Mr. St Iohns at the Hague, in Iune 1 [...]51. until the end of the wars, All the ten­ders of a defen­sive Allyan [...]e with the English, did originally and voluntarily proceed from the Dutch: who did at first offer to en [...]er therein­to in their 36 Ar­ticles tendered to Mr. St. Iohns, and the Council of State, before the War. undertake to attack and disturb us by Sea or Land. We protest before God, who is a Judge of the integrity of our intentions, that we offer you Ours with all condour and integrity expecting of your Generosity the like from your Lordships. The merciful God, we hope, will preserve and keep us from the abomination of the Midianites falling by their own swords: and from the punishment of Israel, when Ephraim did rise against Manasseh, Manasseh against Ephraim, and both together against Judah. Truly that saying of the Apostle is infallible, If we do bite and devour one ano­ther, the one shall consume the other. Let us rather, as Gods people, be as one body, and march as one man, that England, as formerly, be a nursing mother of brave men to maintain our goods and liberties; and the united Provinces a Bulwark to this Common-wealth against all who shall presume to disturb the Constitution of your Government, and the just interest of both Nations; so that those that attack your liberty, may be regarded as at­tacking our Government, and those that shall provoke our State, as if provoking yours.

To that end we do propound, on the behalf of our Lords and Supe­riours, that there may be established between both States and Nations, to the glory of God, the advancement of his Truth, the protection of the Professours of the same Faith, the liberty of our States, the freedom of our People, and the lawful defence of their common interest, a [...] faithful and everlasting league in the best form; and with s [...]ch expressions [Page 95] and comprehension of the mutual interests, so firm and intrinsick, as e­ver between two Soveraign States hath been, or can be made and e­stablished. And to fasten it with a more firm, more straight, and more sure knot, to the end aforesaid, that this Union may be extended to the other Protestant States of Christendome, and such as protect and tole­rate the free exercise of the Orthodox Reformed Religion in their Domi­nions.

And for the greater assurance of this mutual security, that neither shall make any Treaty of Alliance or Gonfederation with any State, Prince, or Potentate in Europe, without the knowledge, and communi­cation of the other, to be comprehended in the same, if they think it convenient: and however, that in the said Alliances and confederati­ons nothing shall be concluded or established, which shall be any waies prejudicial, much less contrary to the Articles of this straight and sure Union, which we desire might be established between the two Repub­licks.

And whereas the consent and agreement of such an Union ought to be a sure and solid foundation, whereupon, in pursuance, many other inte­rests and particular conveniencies may be setled. The Lords the They desire in the first place to begin with the Union of all Pro­testant States, for the advancement of the Truth and honour of God, and the protection of the professours of the same Faith: And this out of compliance with the Fif [...]-Monar­chists then [...]eign­ing. States General, have thought fit that we should begin with the said Pro­position; and have given us sufficient Instructions upon all particulars thereto belonging; And therefore we most earnestly beseech your Lordships, that, after a mature consideration, you will be pleased to appoint us Commissioners well instructed, to confer and debate together the par­ticulars of it. And because that time is much considerable for many reasons and respects in this business, We wish it may be as soon as the important affairs of this illustrious Council will any ways permit.

The Commissioners of the Council of State did not comprehend by these General overtures what the Dutch intended, except it were to a­muse them in their preparations and counsils: Wherefore They desi­red (at a conference Octob. 31.) that They would in writing explain themselves more particularly: which they did in a Paper tendered Nov. 3. wherein They gave them a brief Analysis of their first address: viz. that it consisted of three Articles. 1. In the first A [...]ticle, there were two points: viz. ‘The propagation of the holy Gospel, with the protection of the Professours of the same Faith. And a straight, faithful,’ sure, and everlasting Union betwixt the two Common-wealths: For the first, ‘They are of opinion, that it ought to be concluded in general Terms, with such an intention, that if it hap­peneth that any particular wrong or prejudice be done against it, and the professors of the same faith be any where oppressed, That both States shall agree according to the constitution of times and affairs, concerning the means by which they shall be best able to redress it.’ And to the next point, ‘That this straight, firm and intrinsick Union, shall comprehend all the publick and private in­terests of both Common-wealths, for to maintain and preserve them against all those, whosoever they be, without any exception, that [Page 96] shall undertake to cross, attack or disturb them by Sea or Land; and concerning the means wherewith the same with Gods blessing is to be effectuated, and the assistance that is mutually to be given, they are ready to confer and agree with their Lordships, either that it be generally expressed, or specified.’

2. To the second Article, ‘They think it convenient (to adde a greater efficacy to the aforesaid ends) that the protestant States be invited and comprehended in this Union, as the protestant Can­tons and Free Towns of [...]rmany, together with the Protestant Princes there, and the Crowns of Sweden, Denmark; and France also, since they are there tolerated and protected.’

3. The third Article ‘being perspicuous and couched in signifi­cānt terms, they think it needless to expound it with other parti­culars, as not requiring any further agreement: the subscribing Deputies persuading themselves that it is an infallible and necessa­ry consequence, that after the Conclusion of so strait and ever­lasting an Union, there ought to be such a Correspondence and confidence, that never any thing be done and undertaken against the mutual good and interest of either, or of both Commons. Be­seeching therefore most instantly, that their Lorships would a­gree to the aforesaid Articles, &c.’

This Paper being read in the Council, so far incensed them, that They would not vouchsafe any Answer thereto, though the Embassa­dours did twice (Nov. 7. 9.) ‘beseech the most Honourable Lords of the Council to gratifie them, as soon as might be, with a favou­rable answer and resolution to the said Propositions and Memo­rial.’

Some there were, who apprehended that the Analysis was contumelious­ly penned, as if by so many subdivisions the Godly (that usually preach­ed) had been scorned; These aggravated the Dutch insolence: O­thers concluded that the whole procedure of the Embassadours was di­latory, and inconsistent with the present distractions at home (that Par­liament having irritated the Clergy and Nation, and dangerous factions encreasing) and with the greatness of the Naval exploits: that there was no sincerity in the Dutch protestations of Faith; no imaginable Truth in their expressions of so ardent a Love for the English; which the continual Libels, and infamous pictures did proclaim, and any man might conjecture at by estimating what dammage, what disgrace the victorious English had done unto the United Provinces. That it was in­tolerable in them not to propose any [...]paration to the English, nor any acknowledgment of those Rights which they had so openly and perfidi­ously violated, and the vindicating whereof had cost so much Christi­an blood, and Treasure. If matters passed thus, the Dutch would insi­nuate it, and the world would be prone to believe, that the English did unjustly commence the war, and were guilty of all the blood shed therein: That 'twas unreasonable for them to desire to be informed of all the affairs of the English State, when they could not reciprocally per form the like to England; It being evident, that though the States [Page 97] General should undertake to do it, yet such is the constitution of that Government, so weak the Union, that each Province can manage the highest affairs of State secretly and separately, as appeared at the Mun­ster-treaty, in the late address of Holland for peace, and at other times: and the Province of Holland alone gives laws to the counsils of the States General, by paying or refusing their moneys, as they please. It did rather become the English now to impose, then receive Laws: This is the Right of Conquerours, and that the fortune of the vanquished: That The English should be false to themselves, and unworthy of the present mercies God had shewed them in this war, If they did not improve this opportunity to a safe peace; If they reaped no other benefits thence, then a little space to breath, and prepare for new engagements. A Coaliti [...]n being thus arrogantly and obstinately rejected, by which we, in a most Christian manner, would have done by them as by our selves, re­conciled all interests, secured all quarrels for the future, and as it were entailed peace upon both Nations: We must establish our safety by other means, which if rigorous, are yet just and Christian, because they are necessary to our just preservation, and put in practise against those who by an unjust war, and a fallacious way of treating, have subje­cted themselves to the extreamest courses. If They cannot endure to live as our equals by Coalition, We must continue them so far our In­feriours (not by shadows, but substantial contrivances) that they may never attempt this Nation again. Let us make them pay the usual Sub­missions at Sea; this is due to your repute: Let them pay for the Li­berty of Fishing: this is due, as you are Soveraigns of the Sea: Let them pay for Convoyes, and ease themselves of the charge of Wafters; 'tis you are the proper Guardians of the Brittish Seas: Let them never equip any number of great Ships, without giving you a real account long before of their intentions, and ask leave to pass your Seas; and to all this, adde but the payment of such a sum as will satisfie this war (which in conscience they ought to reimburse) and make ‘reparation’ to each Merchant for the damages sustained by them in several parts of the world (which to demand, is a discharge of the Trust this Nation reposeth in Us) and if you gain these points, you will contri­bute as much to a firm everlasting peace as humane prudence can at­tain unto.

After some debates of this nature, the Council ordered a draught to be framed of such Articles as might be the ‘foundation of a straight, firm and everlasting League, and which might prevent’ Leo ab Aitzma p. 857. all matter of future quarrels and wars: and appointed a Conference with the Embassadours, Nov. 17. 1653. the which was principally managed by Cromwel, who (though He did nothing in the point of Coalition, or in the recited advise; then the cas [...]iered Members of the Long Parliament designed and suggested) intended to pursue his am­bitious projects by seeming the sole manager of this affair, and by whose aid the Dutch must expect to find the conditions moderated.

Cromwel began his discourse with large protestations of the sincere and great desires of the Parliament to make a firm peace and intimate U­nion [Page 98] with the United Provinces: He layed his hand upon his breast, and called God to witness, that the Coun­cil Cum ipsissimá divini nomini [...] invo­vocatione testatu [...] de sincera Concilii intentione & affectione erga foedera­tum Belgium; & Angliam ipsam Parlamento [...]ariorem non esse, quàm dict [...] Belgii curam, id. p. 844, 846. of State had a most sincere and hearty affection for the United Provinces; and that the Parliament (being Fifth-Monarchy men!) was so devoted to do them all good offices, that they equally studied the welfare of England and the Netherlands: As an evident testi­mony thereof, They had proposed this Coalition of people, by which they might unite the interests, as well as hearts, of both Nations, and commu [...]icate the felicities of England with their good neighbours of the United Provinces: But since it had pleased the Deputies to decline that so amicable and extraordinary offer, and to insist upon a ‘confedera­tion id. p. 8, 6. and stricter Union then ever had been before,’ The Commissioners were ready to enter upon those debates, protesting before God the searcher of hearts, and from whom nothing is concealed, that ‘They hated war, and desired peace, especially with the United Provinces.’ And although They thought they had great reasons still to insist upon those preliminaries about Satisfaction and Security, the which demands They found to have been en [...]cted and urged by the late Parliament yet they did intend frankly to lay open their very bosoms unto the Deputies, and acquaint them with Their further thoughts. It is an agreed thing on both parts, that the Peace here agitated is not an ordinary one, but a most ‘streight, intrinsick, everlasting Amity’ and Union, such as never was heretofore betwixt two Nations: To effect this, 'tis requisite that all obstacles, all such scruples be re­moved, as may at any time give occasion to new quarrels: the several Rights of both Nations must be clearly adjusted: and therefore in the first place, and before any thing else, thus much must be yielded to the English, that ‘They are Lords of the Brittish Seas; and Proprietours of the fishing therein:’ These two things being premised and gran­ted, all subsequent Articles would admit of a facile determina­tion.

The Dutch Embassadours were somewhat amazed at this Harangue: the professions of great sincerity and affection (with appeals to God) ani­mated them a little: the passing by the Articles of Satisfaction and Se­curity, with a promise to descend to plain and special Articles made them hope for a good issue of this conference: But whither They did intend to pr [...]tract the time in expectation of those necessities whereinto the distracted Government of England was then running: or apprehend­ed It is not for the Good natured, or timorous, to treat with the Dutch, except they would become a prey unto them. that This unusual condescension was the effect of an alteration for the better in the minds of the Council, or the product of some unknown fears in them (whereupon they intended to take advantage) or whi­ther They acted cautiously and prudently, as suspecting the favours of Men in open hostility with Them: Certain it is, They replyed with a great deal of reservedness. First They protested, that nothing They should say by way of discourse, nothing that should perhaps seemingly Leo ab Aitzma p 836, 8 [...]7. be agreed unto, and admitted of, should any way oblige them to ad­here thereunto, except the whole Treaty took effect, and were concluded [Page 99] upon. Then They proceeded to say ‘That the United Provinces would not refuse to pay unto the English all those honours and respects’ at Sea, which their Ancestours had formerly rendred to this Nati­on: As to the Fishing, They desired that might not be controverted before the Articles of strict and intimate Union were accorded: and after them it would be seasonable to treat of Commerce, and the Fish­ing. The English Commissioners replyed, That what the Embassadours said, was nothing to the purpose: The Soveraignty of the Sea, and the Fishing, were the unquestionable Rights of England: and there was no Equivocation in the Terms, no doubt nor scruple of the Things themselves. The Deputies rejoyned; that They had spoken clearly and distinctly enough to both points: but They would adde further, That the Sea was to be considered either [...]s ‘Ships met thereon, and one Nation paies respect to another; or in respect of Free Naviga­tion.’ As to the first, They had explained themselves: As to the second, there was another distinction to be made; for as to the ‘simple use of the Sea, that is open to All: As to some particular profits and emoluments arising thence, There might indeed be some plea for propriety:’ but this discourse would be most suitable, when They were to treat of Commerce. The English were angry at this reservedness of the Deputies, and Aliter Leges, aliter Philosophi. Cic. de off. l. 3. Iurisconsulti non philosophorum decr [...]tis, sed populari captu ac sensu civilem sapientiam me­tiuntur. Bodin. de rep. l. 1. c. 5. told them, they did not come to hear or confer a­bout Scholastick subtilties, but the real, legal Rights of England, which They desired might be assented unto in such manner as They had alwayes been understood, and not eluded by such disputes, and distinctions: That if old Rights were thus disputed, what security would there be in any New Treaty? What foundation of a lasting and intimate Union, if the proper Rights were not antecedently determined of? That on the morrow They would transmit to the Deputies such Articles as were equitable, and where­upon a perpetual Friendship and Union might be well bottomed and esta­blished: And accordingly Nov. 18. A draught of such Articles was delivered unto them by the Commissioners with this Preamble.

The Preamble to the Articles delivered by the Commissioners for the Dutch Treaty to the said Deputies. Novemb. 18. Anno 1653.

THe Deputies of the Lords the States General cannot make the least doubt of the sincere love and entire affection of this State to­wards the United Provinces of the low Countries, nor of the integrity of their intentions towards them, If, among other things, the last Papers delivered by the Council of State to the said Lord Deputies Viz. those about Coalition. be reflected upon, and considered; wherein were made such tenders and propositions on the behalf of this Common-wealth, as, through the bles­sing of God, would have been effectual means not only to stop the further effusion of Christian blood in the presentwar, but to bring both States [Page 100] into such an Union and consistency of Interests as might totally have ex­tinguished the seeds of all future differences, and rendred their forces and other advantages more serviceable for promoting those great ends of Liberty and Religion, professed to be aimed at by both sides: And though They have expected these three months for an Answer to their last Paper delivered in upon this subject, and found their endeavours of this kind, to be hitherto without their desired fruit: Yet such is the tender sense that this State hath of the present condition of affairs between the two Nations, and of the sad consequences and effects of this bloody war; that they were resolved to leave ‘no just and ho­nourable means unattempted, which may put an end thereto, and unite both States together more firmly then heretofore;’ and ac­cordingly they have prepared and digested into several Articles the Body and Form of a Treaty, and do herewith propound the same to the said Lords Deputies; the substance whereof being assented to by them, and fitting Caution and Security given (to be now likewise agreed upon) ‘for the just performance thereof (on the part of the said United Provinces) we hope They will prove the means of esta­blishing a lasting peace and firm friendship between the two Nati­ons:’ And the Council doth nevertheless reserve full power to adde, and to alter, or enlarge any of the said Articles before the conclusion of the Treaty, as they shall find occasion for the same in the future ma­nagement thereof.

And whereas several demands were heretofore made and exhibi­ted by the Council of State in the name of the Parliament of the Common-wealth of England to the Lords Catz, Schaep, and Vande Perre, Ambassadours of the States General for Satisfaction to be gi­ven, and reparation made for several wrongs, injuries and depredations done and committed upon the English, as well in the East Indies, as elsewhere, by the People of the United Provinces; The Council hath the same under their further consideration; And in what manner the East-India-trade may be setled between both Common-wealths with Justice: and shall in convenient time deliver the Particulars thereof to the said Lords Deputies.

It would be too prolix to transcribe them All at this time: They are pretty faithfully recorded in Leo ab Aitzma, p. 837. Those which most aggrieved the Dutch were these.

By the third Article, ‘The Ships, Guns and Furniture, and the Goods and Merchandises, and other things which had been taken at Sea, in Harbour, or at Land from the Dutch by the English, du­ring the war, should be accounted as part of satisfaction and re­paration for the Charges and Dammages which the English hath been put to during the war. And the States General shall pay unto the English such further sum for reparation as aforesaid, and in such manner as shall be agreed upon in this Treaty: and thereupon all of­fenses &c. to be forgotten.’

[Page 101] By the fourteenth Article, ‘They were not to enter or pass the Brittish Seas, but with a certain number of Men of War, to be agreed upon in this Treatie: But in case the States Gene­ral should have occasion to pass the said Seas with a great number of Ships of War, that They should give notice of their intentions to the English, and obtain their consent, before they put to Sea.’

By the fifteenth Article, ‘They were to strike the Flag and lower their Topsails, be they Fleets or Ships, unto any Man of War wearing the English Flag, and in their Service: and likewise submit to be searched by the English, as Lords and Soveraigns of the Brittish Seas.’

The Preamble also of the sixteenth Article did perplex Them; viz. I follow herein the English Ma­nuscript: for the Latine of Leo ab Aitzma differs much from this: This preface was omitted by Cromwel, the re­sidue was trans­ferred into the fourteenth Arti­cle of his Treaty. ‘And as the Common-wealth of England have declared their Resolu­tions, that They will from time to time take care to put forth upon their Seas, a convenient number of armed Ships for the defense and safeguard thereof, and to maintain and preserve all lawfull Navigation, Trade and Commerce therein against Pirates and Sea­rovers, and all others that shall act, or do any thing to the di­sturbance thereof: So for the greater freedom of Commerce and Navigation, that neither of the Common-wealths shall give recep­tion to any Pirates, &c.’

The seventeenth Article obliged ‘Them to take a Lease for One and twenty years for the Fishing, and to pay an annual Rent. As hath been related in the precedent discourse.’

The twelfth Article did oblige ‘Them not to permit the Prince of Orange, or the Princess Mary, to relieve with counsil, victuals, any Rebels or Enemies of the Common-wealth of England, &c. And to seclude the Princes lineage from being State-holder, Admiral, General, or Governour of any of their Towns.’

The Dutch Embassadours were extreamly aggrieved at these Articles, finding all the amicable protestations of the English to end in these so rigorous impositions: whereupon They delivered in a complaint to the Commissioners, Nov. 22. which was that day reported to the Council, but not vouchsafed any Answer: thereupon they sent another Paper to Secretary Thurloe, Nov. 25. which was the same day read in the Council. Whereunto They received a Reply some dayes after. The three Papers were these following.

A Paper delivered by the Deputies of the States General of the United Provinces to the Commissioners for the Dutch Treaty, Novemb. 22. 1653. and the same day reported to the Council.

Most Honourable Lords.

TO the 27 Articles (which his Excellency, and the Lords, Commissi­oners of the Council of State have been pleased to deliver to us in [Page 102] the last Conference on [...]/28 Novemb.) We find our selves obliged to an­swer, that ‘After a Preface of the love and affection of this State to­wards the United Provinces of the low Countries, and such a so­lemn protestation of their integrity and Candour many times rei­terated, yea with a calling to Witness God Almighty in the two last Conferences, We are amazed to see a draught with an extension of Articles, wherein we find nothing at all that is suitable or confor­mable to the particular demonstrations that we did look for, nor to’ our expectations in the Proposals of a firm and streight Union: which was to be the Scope and end of our Negotiation; but contrary, that, examining all the Particulars, we find that the Lords of the Council have been pleas'd to compile together some Articles of the Treaty of Entercourse of the year 1495. and to draw some parts thereof out of the Retroacts passed between the Extraordinary Embassadours of both Common-wealths heretofore at the Hague, and at London, also so fra­med and composed, that in both the Intention and Interest of the Lords the States General, together with their Considerations and Propo­sals are not regarded, but put to Oblivion; And, contrarily, all is set down, & propounded, according to the intention and meaning of this Government, and to their greatest advantage; Insomuch, that concern­ing the same points, we find our selves yet, after a negotiation of so many moneths, in the same state and condition as at the first beginning; and some other Articles of gre [...]ter Concernment newly added thereunto, which were never yet debated; far against and beyond our expectation. Therefore we find our selves obliged (reserving also the same full power to debate hereafter the Articles of less moment, which we pass for the present, and to propound all which we think necessary for the interest of our Superiours) In this conference to represent some points of greater importance, justly and lawfully shewing, that ‘the same are no wayes to be admitted. Protesting before the Om­niscient Lord, who is to be Judge of our Intentions, that we have alwayes proceeded with an irreprehensible sincerity and candour, and that for the future we are most willing, according to our so many times reiterated protestations, to confer and agree, if it be possible, with all fidelity and uprightness of heart, without reser­ving any thing of the Orders of our Superiours, in a business of such an high concernment.’ And therefore to the third Article: forasmuch as there is mention'd in it of satisfaction; we must say there is no justice, nor reason in the proposal. And to the Twelfth; foras­much as it toucheth the Prince of Orange, excluding the same and all his line for ever out of the free Election, which the Lords the States General or Provincial might make of his, or their persons: that it is a point absolutely appertaining to the disposition of the said States, wherein, with no more Reason or Equity the Lords of this Council are to meddle, then we in their elections in the like occurrences in this Nation, And to the Fifteenth, Concerning the ‘submission to be visited as well for Men of War, as Merchants; that it is against the Practice of our Country, and subject to a thousand disorders and [Page 103] disputes; and injurious in the point of Dominion and Soveraign­ty,’ The Dutch would reciprocally have searched the English Ships. especially in that all reciprocation is wholly excluded. And to the Seventeenth Article ‘of permission of fishing for a certain Recognition of money;’ We say that thereby the Lords the States General should be put out of an immemorial possession without Cause or Reason: having ‘alwayes enjoyed the freedom of fishing.’ And we shall at all times be ready to express our selves more particularly, and to justifie with a ‘Convenient deduction of Arguments, and reasons, our Intention concerning the before-mentioned Articles.’ But before we come to any farther debates of the said points, we are obliged to declare our mind to the Fourteenth Article, speak­ing of the ‘limitation of the Number of the Men of War; and no­tice of their intention to be given to this Common-wealth, and thei [...] Consent to be obtained for the passing, and before they put them forth upon the Seas;’ Truly, my Lords, we can hardly perswade our selves that it is in good earnest, that so unreasonable and extrava­gant a proposal is offered: and indeed, if you do intend to give place to such thoughts, we are obliged to tell you plainly, ‘we are so far from it, that we should esteem our selves unworthy of the goodness and favour of God, whereby his Divine Majesty hath blessed the en­deavours of our Superiours in the lawful prosecution of their liberty, If we did [...]ut enter thereupon into a Conference; or if we did make the least scruple of an absolute negative.’ We confess ingenuously, that though we have no special orders or instructions of our Superiours concerning that point (and how is it possible to have any upon such an unreasonable and incredible a proposal) yet we are so well informed of the Generosity of our Su­periours, Their Superiours were at that time in great perplexity: their Fleets destroyed, their people mu­tinous, their Sea­men cried out, the Hand of God was against them, and they would fight no more. and the Constitution of their affairs and interests, as also of the intention and goodwill of our people, that no living soul with­out an absolute indignation, could hear of such overtures: How many times hath his Excellency, and the Lords praised our Ancestours, who with so much zeal and vigour have fought for the liberty of their Coun­ [...]y? And how is it possible that they should now have the opinion that ‘their posterity is grown so base, that they would suffer themselves, without reason, or necessity, to be deprived or frustrated of so notable a part thereof.’ Liberty, we say, that permitteth them (be­ing a free, and under Gods grace, a Soveraign independent State) ‘to go and return, to be in action or rest, to take up arms, or lay them down, according as their interest, and their just and lawful defence requireth. We must needs say, that we did not expect from his Excellency and the Lords, after so many Protestations and obtestations before God, and men, in publick and private, so many times reiterated, that they would confine their good affections,’ their sincerities and candours, to such an inapparent proposal, but that they would rather (which we beseech most instantly) confer and a­gree with us on conditions, whereby ‘the glory of God, and the propagation of the Gospel may be advanced, and a full, faithful’ and everlasting Union on Reasonable and Equitable conditions re­reciprocally [Page 104] may be established between the two Common-wealths: in such a manner as we have represented in our last Propositions and Memorials, or any other better and more convenient, so as we toge­ther may agree. To all which we shall expect an Answer assoon as may be.

A Paper from the said Deputies sent in a Letter to Mr. Secretary Thurloe, Novemb. 25. 1653. and the same day read in Council.
To the Council of State of the Common-wealth of England.

THE subscribed Deputies of the Lords the States General of the United Provinces, being bound by the express orders of their Superiours to neglect no time in the present transaction with the Common-wealth of England, for the Reasons and Motives several times represented in their form [...] Memorials, are once more obliged to ad­dress themselves to the ‘most honourable Lords of the Council of State,’ most instantly desiring that the sincere and cordial offers made in the behalf of their Superiours, to the re-establishing a good Christian love, peace, straight and firm Union between the two States and Nations on just and equitable Conditions (for the Considerations more at large expressed in our Papers formerly exhibited) might be received with a mutual readiness. But because we have observed, that in the three last Conferences his Excellency and the Lords of the Council have alleged that in the former Proposal on the behalf of the Common-wealth of Eng­land, it was thought the fittest and surest expedient, not only for the removing of the present differences, but to prevent any others in future times, that the Interests between the two Nations and States, should be made Common without any distinction, which being by us (as his Excel­lency and their Lordships supposed) absolutely contradicted, and only a bare Union and Confederacy offered; had moved the Council to frame such Articles whereby the Interests being separate, the Rights of ei­ther are to be setled distinctly. We cannot omit to beseech, that his Excellency and the Lords of the Council will be pleased to remember, that on Thursday and Friday the 17th and 18th of November, we have with all [...]ndour and integrity of heart expressed our selves, and decla­red that ‘Distinguishing the Interests which are of the Nature that they are Communicable, and such as cannot admit a mixture or communion (as is the supream Power and Government) without a total subversion thereof; We conceived that all other interests of both States and Nations, might as well be made Common between them, under the Notion of a streight and sure Union, as of a Co­alition:’ as by the Examples, and Presidents, hath been by Us demon­strated: and that we had shewed, with several Reasons and Argu­ments in our former Paper, that the supream Power and Constitution of our Government only could not admit such an unpracticable alteration: [Page 105] But for all other Interests and Advantages, such as by the blessing of God, both Nations do enjoy, that the Union might be extended and e­stablished in such a manner, that in the United Provinces, and all the places thereunto belonging in Europe, all the People and Inhabitants of See how tender They are as to he trading of the East and West-Indies. the Common-wealth of England, should enjoy and have all the same Priviledges, Liberties, and Immunities, and benefits as our own Natives, without any distinction at all: and so vice versâ, that the peo­ple and inhabitants of the United Provinces should be used in the Com­mon-wealth of England, and places in Europe thereunto belonging. And that further by the said streight and intrinsick Union all the Liber­ties, Franchises, and other common interests of both States and People, should reciprocally be maintained and protected against all such as should undertake, or attempt to disturb, or attack either of the two States and Nations in the Premisses, by Sea or Land, with such forces and means as should be agreed. And that We Conceived, that in such grounds, and others expressed in our former Papers, being mu [...]ual and reciprocal, the Hearts of the Nations could be best united to the glory of God, and advancement of the Gospel, removing all En­ay and Jealousies, and re-establishing a good Christian love in peace and amity: ‘Protesting before the Lord, to whom no secrets are hid­den, These Hollanders will con inue ly­ing until their last that we never had, nor have the least thought or intention to diminish, prej [...]dice, or controvert any known Right or Pre-emi­nence, whereof the Common-wealth or People of England have been in lawful Possession. Thinking it likewise unreasonable, that in this time the Council of State, after such serious protestations of’ love and tenderness toward the United Provinces, should endea­vour to put upon them harder Conditions, and more intolerable then ever by all former Governments in this Nation have been offered to our Ancestours: Yet because We cannot perceive in the Paper, or Preface before the 27. Articles, nor in the Articles themselves, that any reflection by the most honourable Council hath been made thereunto; but that contrarily, other very strange Points and unusual propo­sals are therein inserted, We do apprehend that our true and sincere meaning (being only delivered by word of mouth) hath not been re­garded as it should have been: And therefore we have thought it our Duty (seeing, that in a business of such a high Concernment, nothing ought to be neglected that could conduce ‘to hinder all further ef­fusion of innocent Christian blood, and the ruine of thousands of honest and godly people on both sides) to represent the Premisses in writing.’ Beseeching most instantly, that the Council of State may be pleased to take to heart the sad inconveniencies between the two so near neighbour States, and Nations, in continuing this un­welcome war, and to gratifie us with a good and favourable Answer, and Expedition.

[Page 106]

A Paper agreed upon in Council, Novemb.—1653. and ordered the same day to be delivered to the said De­puties; which was done accordingly.

IF the Paper signed by the ‘Deputies of the Lords the States General of the United Provinces, and presented to the Council the 20. Inst.’ had not been delivered by the said ‘Lords Deputies themselves to the hands of our Commissioners,’ We should have made some doubt whither their Lordships (trusted in so great affairs, and fully acquaint­ed with all that hath passed in the present Treaty) had indeed been the Authors thereof: several passages and expressions being contained there­in, which are altogether unusual, and no way agreeable to the nature of transactions between States, and rather tend to irritate and disturb, then to moderate and compose the minds and affections; and for which no ground or cause was given in the 27. Articles delivered unto them the 18/28 Septemb. Instant: now in the Preamble thereunto. And therefore considering the aforesaid Paper, and likewise reflecting upon what hath passed in former Papers, We most ingenuously profess our selves to be yet to seek of the meaning and intention of their Lordships upon the Whole matter of this Treaty.

When the Council by their former Papers of the 22. and 25. of July last, propounded the ‘uniting of both States into one,’ the aforesaid Lords the Depu [...]ies were pleased, without coming to the debates of the practicableness thereof, and of the Advantage and Utility accruing thereby to both States, to reject and condemn the same under the Ge­neral terms of Novelty, Confusions, and Impossibilities; as appears in their Papers of the 27. of the said moneth of July: offering nothing ‘in the stead thereof, but general professions of their desires to en­ter into a strict union with this State. And now We having compi­led and put together the Articles aforesaid, as the means to esta­blish a just peace,’ and to effect the desired league and union (be­ing also at several Conferenees pressed by the said Lords the Deputies to descend unto particulars) and delivered them to their Lorships: When we expected by free debate with them to have considered and examin­ed from point to point every particular thereof, as they lie in Order; They were pleased by a Paper, without any debate, under General terms of unjust, extravagant, and unreasonable, to express their dislike of, and declare themselves against them. Whereas if their Lordships had thought it fit to come to a discussion of the Particulars (the method used in all Treaties of this kind) as the proposing of them would have appeared to be very ‘suitable, and conform to the professions and protestations of Candor and Ingenuity, made by the Council, or their Commissioners, upon this occasion;’ so the Articles themselves having been considered and examined, might have been setled and adjusted according as the justice and reasonableness should appear upon the Arguments produced by both sides; which to do by Papers would [Page 107] consume too much time, as affairs now stand. And because much men­tion is made in the Paper of the said Lords the Depu [...]ies, of the Prote­stations made by the Council, and their Commissioners, We find our selves obliged further to say, that ‘Certainly we did never declare our selves by any profession or protestation, from asking and insisting on those things in the Articles, which are the undoubted and un­questionable Right of this Common-wealth; nor give any ground to the said Lords the Deputies, to expect that we should part with them as a Demonstration of the affection of the State to the United Provinces:’ Our Commissioners having to the contrary in the two last conferences, mentioned in the beginning of their Paper of the 22. In­stant, declared, that since their Lordships had refused the Coalition and mingling of Soveraignties, whereby the two States might not one­ly be ‘one in name, but in Truth; that now they were to be conside­red as distinct in Interests, and as having peculiar Rights and Pri­viledges’ belonging to each other, the setling and fixing whereof was to be considered in this Treaty of Union and Confederation: That when the ‘Rights of both sides were agreed upon, they should soon­er become friends, and longer continue so.’

And we do not yet understand upon what other grounds either side can proceed in this Treaty, as it is now stated; unless the expectation of the said ‘Lords the Deputies be, that this State should part with whatsoever is peculiar to them both at Sea and Land, without ha­ving any thing in Recompence thereof, more then the bare name of a strict Union:’ according to what seems to be held forth in both their Papers of the 22. and 25. Instant: In the last whereof they say, that distinguishing the Interests which are communicable from those which ‘can admit no mixture or communion (as the Supream Powers and Government)’ all other Interests of both States and Nations might be made common between them, under the Notion of a straight and near union: and what the Consequences of such an Union would be to this State, it is altogether needless to unfold, as it is to shew the inequa­lity thereof: Or if the meaning of their Lordships be otherwise, and their minds be to make this peace upon just and equal grounds, They may have opportunity upon the debate of the Articles, to manifest and explain themselves in particulars; and at any time during the Treaty, to propound what they conceive just and reasonable to be in­sisted upon on the behalf of their Superiours, further then is expressed in the said Articles. But the said Lords the Deputies having most un­expectedly by their said Papers refused any Conferences, or debate there­upon, it appears not ‘what is farther to be done therein on our parts,’ while they continue in this mind; Having already not in General and Ambiguous Terms, but fully and particularly explained our selves, and endeavoured in all sincerity and uprightness to put the Treaty in that way and method which might best discover the justness and Equity of each others propositions, and the validity of these grounds and reasons they are enforced upon, and thereby the sooner bring this ne­gotiation to an happy Issue.

[Page 108] Notwithstanding the Rhodomon [...]ade mentioned in the first Paper, the Deputies considering the necessities of their Country, and the unmo­v [...]able haughtiness of the Council, did afterwards sue for, and enter i [...]to several Conferences: though I do not find the particular dayes Leo ab Aitzma p. 844 & 8 [...]7 850. set down. In all which the Commissioners (whereof Cromwel was al­wayes one) did insist obstinately upon the acknowledgment of the Domi [...]ion of the Seas, and Rights of fishing: in such terms as hath been related before, where we spoke concerning those subjects: The De [...]uties did remonstrate that the States General had as great desires to enter into a ‘firm and streight and everlasting League as the Parlia­ment of England could have:’ but as the English had declared in August l [...]t, when they proposed a Coalition, that if the Dutch accep­ted thereof, all disputes about the Soveraignty of the Seas and Fishing would surcease: So upon the settlement of Peace, Union, and eternal A­mi [...]y, those scru [...] contes [...]s ought to receive an end; especially since neither the ‘United Provinces, nor any other Nation had ever owned’ What will not these men say, [...]hat da [...]e avow this! such Rights of the English. That it would be repugnant unto the na­ture and const [...]tions of each Countrey to mixe & confound them both in one: but if no more were looked after then a mutual participation of all emoluments, priviledges, rights, and [...], these might be as well made common and mut [...]al by a strict League, as by the said Coa­li [...]ien; betwixt which and the said Union, the difference was but ver­bal. Hereupon Cromwel replying, said, Because you have been pleased àgain to make mention of the Coalition, and to explain and apply it according to your own sense; Know that the intentions of the Council were to find out those means which were most valid and really secure, not such as had only the strength which Idle words and Paper could give unto them; They purposed not only to compose the pre­sent war, but to prevent all possible ruptures hereafter: And to ef­fect this great work, Coali [...]ion most availeth. For thereby, without any distinction, except of Municipal Laws and Usages in the ordina­ry administration of Justice, all the Sover [...]ignty, Government, and whatever depends thereupon in the two Nations, would become indistinct and joint. But because you did decline this Proposal, and de­sired a strict Ami [...]y and League, with a reserve of the Soveraignty and Emoluments proper to each Republick, t [...]e Council was pleased to condescend thereto: And this being now agitated, it behooves us to find out such expedients whereby we may redress the present inconveniencies, and prevent the like for the future. What you now speak concerning an imperfect Coalition, seems to proceed from a de­fect in your Instructions, otherwise We should not have expected to hear from so Wise and Honourable Ministers as You are such an overture. Then He e [...]larged upon the singular affection which the English did bear towards the Dutch; the sincerity, the candid purposes of the Coun­cil, the extraordinary care which the Parliament had for their well­f [...]re and prosperity, that They might share therein for ever equally with England: Upon this score purely They had urged the Coalition; and if the proposal be duly and rightly weighed, it will appear that the [Page 109] English therein have no other scope, nor think to derive thence any o­ther benefit, then a secure peace; All the Emoluments and Priviledges would redound unto the United Provinces: To evince this, He dis­coursed of the scituation and riches of England, the conveniency and goodness of the ports, and coasts, the benefits of f [...]shing; the oppor­tunity of trading to the English plantations, of purchasing lands, and putting out their moneys to a greater interest. Concluding that the English, for their parts, had offered unto them what was beneficial, and reasonable, and were satisfied in their own consciences; and If the Deputies would not demean themselves with greater sincerity and confidence, there was no good s [...]cces to be hoped for from this Treaty. The Deputies withdrew aside a little, and after some dis­course, resumed their places, Avowing that They had dealt candidly and sincerely, and had proposed what They thought most advantage­ous and seasonable: That since, They had conferred with Their Supe­riours, related all passages exactly unto them, and received orders not to treat about any Coalition: But They were ready to confer a­bout a strict and firm Union, and to demonstrate that the same Peace and Security which the English expect by the Coalition, might be esta­blished by a strict Union: Adding that it was easie to demonstrate that The Dutch were already possessed in themselves of all those advan­tages (or greater) which the English offerred to communicate unto them by the Coalition. In fi [...]e, seeing that the Commissioners seemed to expect that the Dutch should make the first overtures about a firm peace, They declared that if the English would proceed frankly, The De­puties had power to oblige their Superiours, to ‘maintain, defend and promote the Liberty and common good of the present Govern­ment and people of England against all, indifferently and without any exception, who should attempt to disturb, impede, or evert it: and this either at Sea, or Land, with all those forces and by all those means which should be agreed upon mutually: That they did not comprehend what greater or more sufficient assurance of peace and Security the English could find in their Coalition; And therefore it was manifest, that in this great debate the contest was meerly about words.’ As to the pretended benefits that would ac­crue to them by the Coalition, They with much modesty answered, that it was true the English had several conveniencies which the Dutch wanted; but yet God had been pleased to recompense the United Pro­vinces with peculiar advantages: that if their Territory was small, yet all the Rivers of the vast in-land did flow through their Countrey; that they had so great a multitude of fair and opulent Towns, and other felicities, that They had no cause to repine at the unequal dispensati­ons of Providence: As to the Rights and Priviledges which They were offered in England, the people of Holland stood in no want of them, &c. Cromwel and the Commissioners having withdrawn and advised together awhile, returned to the Deputies; and Cromwel made a long Speech, which proved to be only a Repitition of what he had said be­fore: He protested that the Coalition was mentioned out of no other [Page 110] design, then that the English might receive Satisfaction, Peace, and Security: that there was not the least comparison to be made betwixt Security to be had by confederacy, and that of an intrinsick Union: that How specious soever the title of Soveraignty might seem to them, yet that was but a trifle, which He valued no more then a feather in his cap; nor did ‘He care a button for the troubles and cares which inseparably and constantly attend such as are the chief in Govern­ment:’ He knew how much the Dutch valued their Liberty, and how dearly they had purchased it; yet really the tenders of the English ought to prevail above all regards: They might, without boasting, say, that their Territories were so commodiously scituated, that the inhabi­tants thereof might sail and traffick without the controll, without the aid of Holland, into any part of the world: But the Dutch could not do so: That they knew well who were the Enemies, and which the Friends of the United Provinces: that They which hated the one (mean­ing the House of Austria) did not affect the others: and therefore it ought to be the aim and intent of both Nations mutually to conjoyn; and being united, They needed not to fear any thing, but might, in point of Trade, give laws to the whole world. Then He insisted upon the Dominion of the Sea, and the Fishing, as necessary to be accord­ed unto, before the particular Treaty were entered upon. The Em­bassadours replyed as before; And the English still insisted upon those two points, and also costs and damages, with great obstinacy. The Dutch said, they would not adjust the Dominion of the Sea, and Right of fishing, till the other Articles were agreed: those that were now ob­truded, being such as could not be imposed on any but Rebels, and such as were utterly vanquished: that since the English did esteem them so Rational and Equitable, (as they persisted to do) the Deputies must break off the Treaty, and return within two dayes to acquaint their Superiours with what had passed.

And accordingly They did send Decemb. 7. 1653. unto Secretary MSS. Comment. Thurloe a Paper, in which ‘They besought the most honourable Lords of the Council to gratifie them with a safe conduct for their persons,’ followers and servants, to transport themselves to Hol­land: The which was not granted at that time, but—was sent to intreat them to stay a while, so great business not being to be sud­denly transacted: The Deputies readily acquiesced; but withal com­plained of the English Government, how distracted That was by rea­son of the frensies of the Fifth-Monarchy Parliament, that, if Cromwel would assume the Government to himself, They would be ready to ac­cord with him upon more moderate terms, and enter into such a defen­sive Alliance, as should secure him against forreign and domestick Ene­ [...]s. Hereby They gained Oliver to contrive a period for the pre­tended Parliament, with a resignation of their power into His hands: Decemb. 12. 1653. He was made Protector Dec. 16. and on the twen­tieth notice was given to the Embassadours thereof by the Master of the Leo ab Aitzma p. 851, 852. Ceremonies, who told them further, How ready He would be to treat with them, How kind unto them; but They must withal pay him the [Page 111] same honour and respect which was heretofore exhibited to the Engl [...]sh Kings, and in writings and discourses give him the Title of His High­ness, which was in use here before that of Majesty; That They being not in the quality of Embassadours, but Lords Deputies Plenipotentia­ries, must be uncovered in His presence. The three Deputies (one was now dead) assented to these Conditions, but resolved to avoid all enterviews as much as possible: They sent to His Highness and His Coun­cil, Dec. 23. a Paper of alterations and amendments, to be made in the Articles aforesaid: And Dec. 26. Mr. Thurloe brought Them an An­swer in writing, wherein the Satisfaction demanded in the third Arti­cle was wholly omitted; but the claims of the East-India Merchants and others were to be compounded. The fifteenth Article was chan­ged MSS. Comment. so, as that neither the Dominion of the Seas was mentioned, nor their Ships to be searched: but They were to ‘strike the Flag, and lower the topsail to any English man of War within the Brittish Seas:’ with several other concessions: several conferences passed betwixt the Councillours of Cromwel and them, and Papers were trans­mitted on the 26. and 28. of December. But the Deputies having now engaged Cromwel irreconcileably against the Fifth-Monarchy-men and Republicans, would come to no conclusion: They found a readiness in Oliver to comply in those poin [...]s which He had so peremptorily insi­sted on before: and knew that a defensive Alliance with Holland would be absolutely necessary unto the securing Him in His New Protectorship: Besides They looked upon His condition as uncertain, and therfore thought it imprudence to conclude with Him as yet, until time should manifest the tendency of affairs: They desired a Pasport to depart, Dec. 28. imagining that the noise of their departure re infectd, would much startle the English, and imbolden them against His Highness: But MSS. Comment. Cromwell being aware of their Stratagems, and resolute to persist in his courses, briskly and unexpectedly declares, that ‘If they de­part without concluding and signing the Treaty, and mutually en­gaging to ratifie it in a certain time, His Highness would not be obliged to it, or any part thereof, but account it at an end.’ Dec. 23. MSS. Comment. Hereat the Deputies were a little surprised, and by a Paper, Dec. 29. 1653. Assure His Highness, that They have alwaies, and do still in­tend to proceed with all integrity and candour, and that they do not decline to sign the present Treaty, if His Highness be pleased that the Articles be extended in such manner as they had propounded.—That it will be an easie thing for to reduce the Articles now into such order that they may be encouraged to sign before departing from hence, and to agree in a convenient manner touching the ratification thereof. Hereupon there were several conferences, and many things either yielded unto, or silently passed over (as that of the Fishing, and Soveraignty of the Seas: and the preamble of the sixteenth Article o­mitted) to the great contentation of the Dutch: For Cromwell at this time minded nothing but what related to his own Security; and in order thereunto He would never abandon that Article for the Seclusion of the Prince of Orange from being State-holder, General, and Admiral: [Page 112] He urged that ‘No peace could ever continue firm betwixt the two Nations, whilst that Prince should retain so great a power there: That no Enemy did ever exercise such hostility, nor create so much of prejudice unto the Parliament, as did the late Prince Wil­liam:’ Leo ab Aitzma, p. 848. The Deputies had express Orders never to assent thereunto: But Cromwel understanding that the Dutch usually sign two sorts of Articles, the one secret, the other publick: did move that this Seclusion should be put into a secret Article: but neither would the Deputies assent thereunto. Whereupon Cromwell sent for Mr. Beverning in private, [...]d. p 852. (whom He knew to be a true Hollander) and with Him He entered into a close and long conference, were in He shewed His readiness to conclude a peace with them upon terms moderate and reasonable, re­peating what He had already granted, what He would further assent unto: But that He could never recede from ‘that Article of Seclu­ding the Family of the Prince of Orange:’ that He could never think the peace would be durable, nor England quiet, whilst that Li­neage had such power and authority amongst Them. That it did no less import Them then it did Him; the attempts of Prince William upon Holland being fresh in their memory, and the ambitious ends of that House being known at Amsterdam. If that the Deputies, as sent by the States General, could not consent to the Article, yet He might sign it, as a private Article, in the name of the States Provin­cial of Holland: that He would be as well satisfied Quod [...]uti [...]agni momenti negotium est, ita necessitatem veluti quandam trahit secum, cùm omnibus manife­stum sit, in quantum Hollandia, si in hanc vel illam partem inclinet, conferre possit. Deduct. Ord. Ze'an­diae contra Holland, de seclus, Pr. Au [...]iaci. with the Ratification of that Province alone, which had so often enforced the others to concur with us dictates, as in the Truce of 1609. Munster peace, and other cases: Nor would He desire that They should undertake for the other Provinces, but for themselves, ‘That they should never assent to such an e­lection, but hinder it as much as they could.’ What was agreed betwixt them at that time, is a secret as yet to the world: The event shewed it, and the other Provinces suspected it to have been so, that Cromwel and Beverning did then contrive to depress the House of Orange: Certain it is that an expedient was found out that might be equipollent thereto in reference to the peace and safety of Cromwel; that ‘whosoever was State-holder, General by land, or’ Leo ab Aitzma Aitzma. 8, 2. Admiral, should in person swear to the observation of that Treaty. The Depu [...]ies after this, departed for Holland, Jan. 6. 1653. and as They were at Sea they formed up a body of 29. Articles, the subject whereof was agreed upon by both sides, though nothing had been finally concluded or signed: This Treaty they shewed first to the States of Holland; then to the States Gene­ral, Judge by this authentick narra­tion how little tru [...]h there is in the vulgar reports, and common wri­ters, (as Florus Ang [...]us, &c) that They went to fet [...]h money for Crom­wel: I do not believe He had one farthing from them. who approved thereof, and of the demeanour of the Deputies as consonant to their Instructions. That They might leave Cromwel in the greater perplexity, and act thereafter like men that listen more to opportunities, then princi les or promises, at their departure (notwith­standing their protestation of Candour and Sincerity) [Page 113] They raised some scruples about the Article concerning Denmark, with which they seemed totally dissatisfied: Cromwel sent to Gravesend af­ter them Commissioners to invite them back again, and assure them that the said Article should pass as they desired it: They writ Him a Letter of thanks, promising to return Ipsos tamen non obstante ejusmodi satisfactione, Londi [...]um, quo com­positis jam & ab utraque parte con­cessis Articulis subsignarent atque u­niversum Tractatum confirmarent, neutiquam fuisse reversos, sed rect [...] itinere se in Hollandiam contulisse, universo Tractationis negotio-infecto, atque in incerto penitùs relicto. De­duct. ord. Holland. in Narrat. fa­cti. Sect. 8. with speed, and to deport themselves with all possi­ble sincerity: But still the Treaty was left suspended, and uncertain; Though it appears that every point was adjusted, and there wanted no more but to reduce the Articles into a formal Treaty, and that They should sign it for themselves, according as They had promised Decemb. 29. 1653. Cromwel was very much irritated at this procedure of theirs; and more, when He percei­ved they delayed their return for several weeks: He expedited his Naval preparations: and as after a storm, though the winds cease, yet the billows do continue their former rage, so did those impressions of hatred against the Dutch remain in the breasts of the English, notwithstanding the rumours of peace: He began now to suspect the frauds of the Dutch, and blamed himself for trusting unto their protestations of candour and sincerity; and determined to ‘en­sure himself of the Province of Holland, by some obligatory Act’ for the Seclusion of the House of Orange, or else to prosecute the war. The Dutch (to amuse Him, and comply with the Haughtiness of His Humour) send over in a splendid and formal Embassy the same Pleni­potentiaries; which did not a little adde to the ‘Honour and Glory’ of Cromwel at home and abroad; but at their first arrival, before they came to any Treaty, Secretary Thurloe desires a conference with ibid. Sect. [...], 10, 11. Them, and informs them that His Highness would insist upon the Arti­cle of Seclusion, to be ratified by the Province of Holland: great pro­fessions of love and fair dealing passed on both sides, and Thurloe de­clared that the Protector insisted thereon, out of pure kindness to them, the House of Orange being so potent and popular, that if He were jea­lous least the Peace would not be durable, they ought to suspect least their Liberty would be the shorter-lived: that, if they really desired an everlasting peace with England, this was the only course to secure it: without this Act of Seclusion nothing was more evident, then that the two Nations would suddenly be imbroil'd in a second bloody war, and in the mean while the English would be in a perpetual diffidence and di­strust thereof, the which would allay and abate much of that f [...]rm and eternal Amity, which was now proposed: Nieuport and Beverningh pro­tested they had no power to promise any such thing in behalf of the said States, and earnestly sollicited the Conclusion of the Treaty with the security already consented unto: This happened in the end of March, and sundry conferences were had betwixt Thurloe and those two Embassadours, the third is not said to have been present at them: at last Thurloe proposeth from His Highness, the final and speedy conclu­tion of the Treaty upon this condition, that the said Embassadours should promise (on their own heads) to procure such an obligatory deed for the ibid Sect. 12 13. [Page 114] Seclusion within some certain time to be transmitted by the said States prov [...]ncial: But they declined this overture also; whereupon Cromwel appoints a private conference with Beverningh and Him, only Thurloe being present: His Highness was very prolixe in discoursing of his great and cordial affect on for the Dutch, as his dear Neighbours and Pro­testan [...]s; ibid Sect. 14, 15. 16. of his concern for the Reformed Religion, which would be much endangered should another rupture happen betwixt them: that He did so earnestly desire the mutual welfare of the two Nations, and an indissol [...]ble peace, that He had not at all pursued His ‘particu­lar’ profit and interest in this whole negotiation, as was manifest by the Treaty it self: and He did importune Beverningh to promise in wri [...]ing to effect the said Seclusion: as for the time and form of the Seclusion, He would leave it to their contrivance, When and How to do it; but He would have the thing done: in the mean time the Capi­tulation should be signed, and ratified. The Holland Deduction saith that B [...]verningh promised only that ‘They would write unto the States ibid. Sect. 16 of Holland concerning the Seclusion, how solicitous the Protector was to obtain it, and to procure their Answer (whatever it should be) upon that point, the which should be sent over with the Rati­fication of the peace by the States General.’ Howsoever these things were, Cromwel was forward in his Naval preparations, and a rumour was scattered as if the Treaty were wholly broken off, the which did much perplex the Embassadours, amd 'twas fomented by the Enemies of Cromwel, every opposite interest (especially the Republicans) ex­pecting benefit by the ruine of Cromwel, which would be a consequent of the war, if it were prosecuted. All parti [...]s were implacable a­gainst the Du [...]ch, for their complying with Cromwel, and what They had already done would accelerate their destruction, or revive the first [...], if the Republ [...]ns came upon the Stage again: They knew that Cro [...] by his subtilty could re-ingratiate himself with the Com­mon-wealth-men; and that they, to re-establi [...]h themselves, would con­nive at the actings of so powerful and necessary a faction: Upon these mo [...]ives the Embassadours did importune His Highness for to sign the Treaty, which ('tis said) He did without much insisting upon the said Seclusion. The Peace was proclaimed at London, April 5 1654. and mutual Ratifications sealed before the end of the said Moneth. The Hol­landers were in hope that the Protectour would desist from the Seclu­sion, and not hazard a Rupture immediately after a Peace concluded; but finding Him obstinate therein, and that the Republicans did endea­vour to renew the war, They did May 4. 1654. make a Decree, That ‘the Noble and Potent States of Holland and West-f [...]sland would never elect His present Highness, or any of his Lineage, to be ibid. Sect. 19. State holder or Admiral of their Province, neither should their Province ever give Their suffrage or consent, that He, or any of his Family, should be Captain General of the forces of the United ibid. Sect. 20. Provinces.’ This was transmitted unto Beverningh and Nieuport to be kept secret, and not delivered unto the Protection [...], if the thing might possibly be avoided: But Cromwel would not exchange the Ra­tifications, [Page 115] until They promised to procure that secret Article, the hich those Juglers had then in their hands. Although that Cromwel did not Sect, 21. know that the States of Holland and West-friesland had signed and seal­ed the said secret Article, yet it was by some artifice di [...]covered to the Sect. 22, 23. States General, and divulged throughout the United Provinces. The other Provinces sent to those of Holland, to know what They had really done, which might give occasion to these reports: It being contrary to the Union of Utrecht, that any of the Provinces should s [...]ngly make any Leagues or Treaties with forreign Princes: It being also contrary to the unanimous and express determinations of the States General; contra­ry to the Instructions of the Embassadours; contrary to the p [...]iviledges and liberties of the United Provinces, whereby that could not be done to the meanest Subject, which now was said to be decreed against His Highness, and the illustrious House of Orange. T [...]e People inveighed bitterly against the Provincials of Holland: The States General were upon recalling the Embassadours to give an account of transactions, and did send to know which of them had that secret Article; that He should transmit a Copy thereof. The States of Holland and West-friesland were amazed to find the Article become publick before it had been tendered: They delay to give a true relation of affairs, but declare unto all the Provinces, that They neither had done, nor ever would do any thing contrary unto the Union of Utretcht: and, reserving unto themselves the Supream jurisdiction of their own Province, they neither had attempted, nor should attempt any thing that might in­fringe the Liberties of the other Provinces. That the Lords Nieuport and Beverningh, were natives of the Province of Holland, and there­fore could not be obliged to give any account of the secrets of their Countrey unto the States General. The Province of Zeland penned a Rational and smart Manifest against Holland; The Deputies of Gro­ninghen and Friesland added much bitterness to their Arguments: The Pensionary De Wit was bold, and used menaces in the behalf of Hol­land: thus all things seemed to run into absolute confusion, and the new firm everlasting Peace and Defensive Alliance contracted with Cromwel, was in a few months endangered, together with the Union it self of those Provinces. Cromwel was aware thereof, and astonished to see how the Dutch Embassadours had deluded Him, notwithstand­ing all their protestations of extraordinary candour and sincerity; and demanded the Article, or menaced them with a sudd [...]in breach: But they dissembled with Thurloe, as if They had not received any such ibid. Sect. 24. secret Article signed by the Provincials of Holland and West-friesland: They multiplyed a thousand delaies, and pressed the Protectour to o­mit this Article, the very rumour whereof had produced all this combu­stion in the United Provinces. The friends of Cromwel were exceed­ingly perplexed with the fraudulent dealings of the Embassadours, Hollanders: and were consident that such an Article had been decreed and transmitted to them, though They disowned it: The divisions in the United Provinces, and the reservedness of Holland in declining to communicate their privacies to the States General, made it seem [Page 116] an undoubted truth: And all the Enemies of Cromwel rejoyced to find Him thus abused, and cheated in a transaction whereon the grandeur of His H [...]ghness was established. Cromwel at a conference with Bever­ningh and Nieuport, May 22. 1654. fiercely urged the delivery of ibid. Sect. 25. t [...]e Article, and forbade them ever to alledge any reasons to Him a­gainst it. The Hollanders considering that the odium would be the same, if it were delivered, or not delivered, since it had been resolved upon, and seeing the whole peace, and their support against the exaspe­rated Provinces was in jeopardy by this delay, They did order the Embassadours to deliver it unto Cromwel; which was done in the be­ginning of June: and Cromwel dispatched a comminatory Letter un­to ibid. Sect. 26, 27. Leo ab Aitzma, p. 869. the States of Zeland, to let them know that the Peace did entirely depend upon the signing of that secret Article. June 16. 1654.

Thus was that League finished at last, in the management whereof the Dutch had shewed so much of Artifice, and Fraud: As to that secret Article, it is much doubted to this day, Whether it were not Stipulated for at that private conference betwixt Beverningh and Crom­wel, Jan. 6. before Their departure into Holland: Whether the de­laies in signing, and delivering it, were a finesse complotted betwixt Cromwel and Holland, the better to justifie the actions of that Province unto the other Provinces; or whether They did not understand each o­ther, but that His Highness was really imposed upon in that manner du­ring that negotiation, Those know best who were Actors therein. The Deduction of Holland is consonant to the precedent Narrative; But the Deputies of Zeland, Friesl [...]nd, Ommeland, and Groninghen did suspect the Truth thereof: and believed there was a more intimate Union be­tween Cromwel and Holland, in opposition to the House of Orange, then ever was made publick. These are uncertaimies; But this is most cer­tain, that the said Embassadours Nieuport and Beverningh sent by commission of the States General, were to treat as from them, and during that Commission could not re­ceive In Legatione publicâ Foederato­rum procerum, officio tenus, quamdiu eo sunguntur, licitum non fuerit ab ullo mandatum, multo minus contra­rium, circa tractationes suas recipere­aut. iis morem gerere: atque ad [...] quia prohibitum erat, contrarium Hol­landiae procerum mandatum excusa­re debuisse. Propos. D. Deputati Groning. &c. Item Deductio or­din. Zeland. Mandates (especially contrary to their Instructions) from a particular Province, much less obey them: as the Frieslanders and Zelanders did argue: Besides, They were sworn at the beginning of the Embassy to pro­ceed according to the plain sense of Their Instructions: They never acquainted the States General in the least with that Negotiation, no not in the end of May, when ‘They demanded a copy of the Article, and an ac­count’ of what they had done about it: Nay, They were so far from doing this, that upon the conclusion of the Treaty upon the fifth of April, They writ to Ingenti studio & spectatâ fide placita procerum peragere [...]olitos fuisse, denique juxta eorundem decre­ta atque mandata Tractatui finem imposuisse, adeò quidem ut nihil amplius reliquum esset ad consum­mationem, quàm ut utrinque fieret [...]. ibid. the States General that They had then finally conclu­ded all the Articles without any exception, and that punctually according to Their Instructions and Man­dates: whereas This whole affair, and this insuperable difficulty was still remaining to be transacted. Such a demeanour hath not been read of but in the Annals of [Page 117] the United Provinces: yet did their Provincial Superiours justifie them for Honest men, and true Natives of Holland: This, and the interposi­tion of Cromwel, saved them from punishment; and silenced all con­tests upon that subject.

This mutual defensive Alliance and secret Article did secure the great­ness of Cromwel, not only against the Republicans and Sectaries, but Royalisis; who, together with His Majesty, were excluded from any Aid or Assistance out of those Provinces, and not permitted to reside there. It depressed the House of Orange, and all that party; It ad­vanced Holland so far above the other Provinces, that They gave Laws to them ever since; till their Arrogance and perfidiousness made them insupportable to the rest of the Provinces, as well as to their Neigh­bours, and so expedited their present calamities.

It is remarkable, that notwithstanding that Cromwel and the Dutch had pretended so fervent zeal for the advancement and protection of the Reformed Religion, and Houshold of faith, du­ring Interim in Arti­culis nihil d [...]tum de Religione. Leo ab Aitzma p. 852. the Treaty, yet in the Articles there is not any mention made thereof; neither were All the Protestants comprehended in the League. It is also observable, that the said League was never well kept on the part of the Hollander, but so violated in the East and West-Indies and elsewhere, that Cromwel determined to fight them again upon the first opportunity and leisure. The Lord Nieuport came over to pacifie Him a little before His death, and attended in Florus Anglicus, part. 2. p. 280. mourning at his Funeral: and was the first Embassadour which con­doled His late Highness's death, and congratulated the advancement of Richard, hoping that the same firm League and Peace might be continued between His Highness and those States, which had been be­tween them and his Princely Father: He delivered His message in a publick Audience, and received an Answer conformable to His de­sires: But yet, whereas by the Eighth Article of that League they were obliged to defend Him against all His Enemies: The Dutch contribu­ted ib. p. 315. nothing to his support, but quietly permitted Him to be deposed, and immediately (before He had resigned) courted those at an Au­dience within the House, which had so injured their good Friend and Ally.

Upon a due regard unto the Considerations and Reasons alledged, We think it our duty humbly to declare, that We are entirely satisfied with the Righteousness of the present War with Holland: and that Common Equity, and the most infallible Reasons of State did oblige His Majesty to vindicate the Dignity of his Crown, and the Honour of His Kingdoms; as also to assert those ancient and inseparable Regalities which do not only adorn, but chiefly support His Crown: We do thankfully acknow­ledge the constant endeavours of His Majesty to promote the Trade and welfare of His subjects, and to preserve them from being injured and oppressed by the depredations of the Dutch: And seeing that the Per­fidiousness of the Hollanders (who have no regard to Oaths and Promi­ses, no sense of Religion, Honour, or Moral Honesty) did render All Leagues with Them infirm and instable: Seeing Their dilatory and [Page 118] treacherous Negotiations did render any Treaty with Them unsafe, in so perillous a juncture as the puissance of the French King and their jug­lings with that Count, made Us to be in; We cannot but admire and celebrate those Counsils by which We enjoy an undisturbed peace, and tranquility of our Consciences at home, and are secured by a potent and victorious Navy at Sea. It is the prudent conduct of His Majesty (next under God) which hath seasonably prevented that desolation where­unto the Hollanders would have subjected Us, by transporting hither the French Armies: We are not redevable to their care or kindness, for that We are free from a calamitous war and all the miseries which the United Provinces do now sink under: That Our condition is not the same with Theirs, it is a felicity we derive from the wisdom, vigilance, and Generosity of our Prince, who hath indefatigably busied Himself, ex­posed his only Brother to all the dangers of the Sea, and the perils of those dreadful Fights, and exhausted His proper Treasury to supply the present exigence, and to ensure the Estates of His Subjects. May all his Subjects be sufficiently sensible, How much They owe unto His Care and Goodness: May their acknowledgments equal His merits; May every one by His Royal Example contribute what He can to the General welfare of the Nation: May no Animosities divide our Minds: No impertinent quarrels, No unnecessary and unseasonable debates retard or distract our Consultations and proceedings: But may all advises, and actions tend to the common utility; which all Intelligent and Loyal per­sons must measure by the Riches, Strength, and Honour of their Sove­raign: Such ought to be the Prayers, Wishes, and Sentiments of every English Man.

Here followeth a Memorial, read and delivered to the Lord of Hemsted, Adrian Paaw, extraordinary Embassadour from the States General of the United Provinces unto the pretended Parliament of the Common-wealth of England. June—1652. Wherein the Importance of the Right of the Flag, and of the Dominion of the Brittish Seas, and of the Fishery, together with the Rights of England thereunto, are de­duced and demonstrated.

This Memorial was originally very brief in comparison of what it is now: It being not the mode of those Times to alledge any proof by way of Autority: I have found out, consulted, and supplied the [...]eficient Citations, which if they are not those They went upon, are, I am sure, such as the Reader may rely upon. And I have inserted them frequently into the Text, as conceiving it more convincing and agreea­ble to the phansie of any Reader, If the whole were represented as an entire piece, and He not distracted with the multitude of Referen­ces by way of Post-script: Who prepared and penned it, I cannot tell, but it was (as I am told) supervised by Sir Henry Vane (and others of the Commissioners) and any man will find it answerable to that o­pinion which the world had of His parts and abilities, who was the chief director and manager of that war, and whose constant judgment it was, that the ‘Interests of England and the United Provinces were as irreconcileable as those of Rivals, Trade being to both Nations, [Page 119] what a Mistress is unto Lovers; that there nev [...]et since [...] [...]ene any durable peace, except both Nations did un [...] Coalition, or the English subjugate the others, and reduce them into a Province, or by strict conditions and contrivances ensure themselves against the growth and future puissance of the Dutch.’

About the middle of June, 1652. A conference was held betwixt the Commissioners from the Council of State, and the Lord Adrian Paaw Kt. Lord of Hemsted, Extraordinary Embassadour from the United Provinces. In which the said Embassadour expatiated upon the mutual interest both Nations had to preserve peace and amity; the great sincere affection which the Dutch continued to bear unto the Eng­lish; the rec [...]procal bonds of professing the same Reformed Religion, and the dangers that might be fall Pro [...]estancy in general, should such important Members thereof ingage in a war: That Christian b [...]ood was precious [...]n the sight of God, and ought not rashly, or on a sl [...]ght occasi­on to be shed by Men: that the fight in the Downs was casual, and not designed by His Masters: That The str [...]king of the Flag was but a Ce­remony of Honour, and matter of complement, about which He hoped the ‘true Professours of the Gospel of peace, meekness, long-suffer­ing, and brotherly love, would not contest unto blood: that how­soever,’ His Superiours did never pretend, nor should pretend to dispute the Honour and Dignity of this Common-wealth, which they re­pute the first and most considerable in Europe: That no Del [...]beration had been made, No Resolution taken, No Comm [...]ssion directly or indirect­ly given to their Vice-Admiral for to undertake any Dispute against the Fleet and Ships of the said Common-wealth upon the Controversies and Differences of the Sea: And that ‘The Ships of war meeting at Sea, and behaving themselves as before and during the time of the’ [...]he said Embas­sadour in a Me­morial given into the Council of S [...]ate, Iuly 24. 1652. acquainted them that the States General had by a publick Act, declared and decreed thus much. See it in the Declaration P. 3 [...]. & p. 46. former Government, there should be thereupon no more Dispute hereafter.

Some Reply was then made, but a full Answer was tendered and read unto Him at the next conference, to this effect.

My Lord,

WE are very glad to understand from you mouth the sincerity with which you profess the true Reformed Religion, and that cordial affection with which you declare your selves to seek Amity and Friend­ship with this Nation: We would put as good a construction upon the Intents of your Superiours, as the regards of our own safety will per­mit; and certainly a ‘prudent and due respect to our own preser­vation,’ is not repugnant to the Gospel, or Protestancy; But we can­not conclude otherwise from the Actions of your States, then that the late attempt in the Downs arose from a formed and premeditated De­sign, To usurp the known Rights of England in the Seas, to de­stroy the Fle [...]ts that are under God, their Walls and Bulwarks, and thereby expose this Common-wealth to be invaded, or otherwise impo­sed upon at your pleasure. During an actual Treaty for a nearer Uni­on, offered by your selves, you took a resolution to equip out 150 [Page 120] say [...] besides what were already in your service; and of this your Em [...]dours gave notice to the Parliament March 15. 1652. Leo ab Aitzma hist. tract. pacis Belg. pag. 762. Whether this intimation was made to amuse, or terrifie us, your Supe­riours do best know: but such extraordinary preparations were not re­quisite at that time to secure the Trade and Navigation of the United Provinces, when they had no Enemy abroad: which upon the Rules and Declarat. pag. 8. Maximes of State, was a just cause of Jealousie unto the English, and They had reason to put themselves into a posture and condition to defend themselves, and their known Rights at Sea. Nevertheless this State proceeded so slowly therein, that until their Fleet was actually as­saulted by Trumpe, and thereby the true reason of preparing so great a Fleet made evident, they had not increased their Fleet by one Ship: and, in fact, there were not above 22 Ships of their Fleet at Sea, May 19. 1652, when they were assaulted by the Dutch Navy: and We were so unprovided whereby to answer those exigencies, that we were constrained to hire about fifty Merchant Ships to strenghthen and reinforce the Fleet. How confidently soever you aver, that Van Trumpe had no instructions to undertake any dispute against the Fleet or Ships of this Common-wealth, upon the controversies and differences at Sea, yet it is notoriously known, and He himself avowed it, that ‘He had no Orders to take down his Flagg.’ The which Omission w [...] cannot reconcile with your so Christian desires to preserve a good cor­respondence, See Major Bourne's rela­tion: in the Par­liaments answer to Three papers, &c. A. D. 1652. See the Depositi­ons in the afore­said Answer to the Three papers. strict League, and nearer Union with this Common-wealth: It being an indirect way and course to create a quarrel at any time. Others of your Captains have been reproved, and threatned with the loss of their Heads, in case they did strike the Flag unto Us; and 'tis most true, that Van T [...]umpe refused to do it; and seconded his refusal with acts of the highest hostility. From whence we can make no other deduction, then that the words you use of Unity, Peace, League, and a very near Friendship, are different from what you imagine and purpose; The Dutch in their Declarati­on of War at that time, do confess He did not strike the Flag and Sail; but that He was go­ing to Lower hi [...] Topsails, which Blake prevented by a suddam [...]acque. Leo ab Aitzma, hist. tract Belg. p. 759. Declurat. p. 7. 8. and that Noble work which you say all honest men wish for, especially all the Churches of the Reformed Christian Religion, is not at all pursued or intended by the States General of the United Provinces. Wherein have you demonstrated the least sincerity in your Negotiations with this Common-wealth? How unheartily, and dilatorily did you deal with our Embassadours at the Hague in relation to their Errand? whereby those endeavours for Friendship became fruitless. When your Embassado [...]rs came hither, How amicably we [...]e they received? And with what delayes did they protract the Treaty? When positive demands were pressed, they were evaded in th [...]ngs not of the hardest resolution, with Allegations of want of power; though their Commission shewed no such restraint: yet to obtain further Power, Returns must be made to their Superiours; and before Answers could be had, the Provincial States must be Assembled: the which gave small grounds of any real intendment of a firm Peace, and Amity.

As to the business of the Flag, How meanly soever you think of it, and however you represent it as too trivial a subject to give beginning to a War, We cannot look thereon but with different considerations. [Page 121] Were it only an Honorary Salute, and Cere [...]ony; yet since it is such an Honour as hath been paid to our Ancest [...]urs for above four hundred years, Selden. Mare cl [...]us. l. 2. c. 26. since it is of such an advantage to the continuance of the renown of this Nation, and serveth to imprint new reverence in the forreigners that render it, and adds so much to the courage of those our Sea-men that exact it: We should not consent to relinquish it: No Rules of [...]ru­dence, no Maxims of State would authori [...]e the deed. We know how much it imports a State that it be reverenced abroad; and that Re [...]e is the principal support of any Government: it equally influenceth the Subjects ut home, and forreign Allies. No Nation in the world is more tender of their honour then the English; none more impatiently tole­rate the diminution thereof: With what resentments would [...] on­ly the more generous and noble, but even the popular and vulgar Sea­men detest Us, should this Age remit or loose that Reg [...]lity, those ac­knowledgments, which their Predecessours with so much glory asserted, and the neglect whereof was alwayes punish'd as o [...]en Rebellion? We are confident the Nation would be so provoked at the indignity of such an action, that to avoid an uncertain ruin by the forces of Holland, we should precipitate our selves into evident danger of peri [...]hing by the English f [...]ry. And we doubt not but you, my Lord, by this time [...]ind in your own reason, an Apology for our being resolute in this point; you must needs be convinced that We ought not to abandon a Ceremony which is of so high concernment. It is no policy to attempt the change of inveterate customs and usages: In omnitus rebus ve [...] ipsa plu­rinium habet dignitatis: ita ut Mas­sa [...]ienses quorum praestantis [...]ima cre­ditur fuisse resoublica, laudentur eo nomine qu [...]d glad [...]o ad puniendos son­tes usi sint eodem à condi [...]â ur [...]e, quò indicarent in minimis quoque relus antiqua consuetudinis momenta ser­vanda. Proxime eni [...] ad Deum accedit Antiquitas, AEternitatis quâ­dam imagine. Grotius de an [...]e p. Ba [...]av. in praesat. Even errours, and abuses, are upon this account legally tolerated. Let us then so adjust the matter, Let E­quity and all those inclinations you express for Us as ‘Neighbours English-men, and partakers of the same’ Faith, induce you to continue those Honorary re­spects to the Ships of war of this Nation, which All the Neighbour-States and Princes, and which you your selves, and your Progenitors, have constantly exhibited: Which you may do without detriment or disgrace; But We cannot for bear to demand without our unspeak­able prejudice. Private persons move in another Sphear, and act by o­ther Rules then Soveraign Powers: The regards of Credit with them, may oftentimes yield to those of Utility, or other Mo­tives; the publick receives little of inju [...]y thereby, nor Cateris mortalibus in eo stare con­silia, quid sibi conducere putent: Prin­cipum dive [...]sam esse sortem, quibus pra [...] rerum ad famam [...]. Tacitus Annal. l. 4. Kingdoms are preserved by reputation; which is as well their strongest support in peace, as their chiefest safety in time of war. When once they grow despised, they are either sub­ject to forreign invasions, or domestic troubles. Card. Bentivoglio. Relat. of Fla [...]ders, concerning the Prince of Conde's flight. is their wisdom questioned for such punctilio's, if they relinquish them for other emoluments, or peace- [...]e: But Soveraigns cannot transact so: Their Subjects, The Peo­ple participate in their Honour, and Indignities; They have a propriety, a direct Right in the former: Sove­raigns cannot alienate or suffer their Honour to be im­paired, because it is not really Theirs: it appertains [Page 122] to the Nation universally, and They are all effectually injured by such transactions; either because the Indig­nity Si fama tua videtur necessaria ad rectam muneris tui administrationem, non potes condonare. Lessius de Ju­stit, l. 2. c. xi. dub. 24. Sect. 126. doth directly extend unto them, or because the Government and Authority is thereupon weakned and prejudiced, which is the greatest of Civil detriments that can befall a People, though ordinarily they are not aware there­of. As prudence doth thus distinguish betwixt the demeanour of pri­vate and publick persons; So doth Ch [...]istianity it self: for albeit that the G [...]spel-precepts do oblige particular persons to bear injuries and con­tumelies with patience, and to surrender even the Coat as well as Cloak; yet is not this so to be construed, as if even private Christians were to yield up their Civil rights to every insolent, that would en­croach upon and usurp them; or that they were to deprive themselves of those re [...]arations which the Law, and Government affords them: Nei­ther is it so to be understood as if the Civil Magistrate in Christendome, might not secure himself of that obedience, and reverence which is due [...]nto his dignity, but bear the sword in vain. Do not therefore go about to teach Us patience, that you may more easily wrong us: Do not insi­nuate the concerns of the Frotestant Churches, the interest of Religion, the Evangelical rules for peace and brotherly love, that You thereupon may deprive Us of our Rights, destroy our Fleets, ruine our Trade, and either subject Us to Your States, or render Us a facile conquest for any invader.

Hither to We have acquainted you with the value we ought to place upon the Right of the Flag, were it only an Honorary salute: with what prescription we claim it; and with what injustice you refuse it. We now adde, that The English Nation did never regard it only as a Civili­ty and Respect, but as a ‘Principal Testimony of the unquestionable Right of this Nation to the Dominion and Superiority of the ad­jacent Seas, acknowledged generally by all the Neighbour-States and Princes, and particularly by You and Your Predecessours, be­sides Declaration p. 9. many most authentick Records and undeniable proofs, toge­ther with a constant practise in confirmation thereof: Yet did a Captain of yours refuse it, affirming that If He did it, He should loose his Head: Your Vice-Admiral denied it to the English Admi­ral, and menaced such as rendered that submission to our Ships.’ We do not upbraid you with meer incivility in this procedure; though the grand [...]ur of England, and the obligations which the United Nether­lands have to th [...]s Nation, might contain you from being rude: It is the absolute and substantial Soveraignty of the Brittish Seas, which on our parts by such a deportment as the striking of the Flag or Topsail to our Ships on those Seas, is required to be acknowledged, and so hath been for many hundred years understood, agreed unto, and ac­knowledged Seld. mare claus. l. 2. c. 24. Le Mere est del ligeans del Roy, come de son corone d'Angle­terre. Fi [...]zherbert [...]it. Protection. 46 by the Nations of Europe.

Would you know the extent of this Maritime Dominion; our English Laws have alwayes reckoned upon the Four Seas; Such as are [...]rn thereon are not Aliens; and to be within them, is to be within the Ligieance of the King, and Realm of England. The Records of Par­liament [Page 123] in the dayes of King Edward III. and Henry V. proclaim it, that those Kings and their Progenitors Le Roy & ses nobles progenitors de tout temps ont este Seigneurs del mere. Sel'den. ibid. c. 23. had ever been Lords of the Sea: And, God forbid that ever there should be any Parliament in England that should consent to erase those Records, or cast dirt upon them by renouncing the Soveraignty asoresaid. In the Records of the Tower, there is a Libel relating to the times of Edward I. and Philip the fair of France, in which the Procurators of most Nations bordering upon the Sea throughout Europe, as the Geno [...]ses, Cataloni­ans, Almains, Zelanders, Hollanders, Frieslanders, Danes and Norwegi­ans, besides others under the dominion of the Roman-German Empire; All [...] these joyntly declare, That ‘The Kings of Eng­land, by Right of the said Kingdom, from time to Selden. mare claus. l. 2. c. 27, 28. Sir Iohn Boroughs, Keeper of the Records of the Tower of London: In a Treatise of the Soveraignty of the Brittish Seas. Printed in 1631. time, whereof there is no memorial to the contra­ry, have been in peaceable Possession of the Sove­raign Lordship of the Sea of England, and of the Isles within the same, with power of making and establishing Laws, Statutes, and Prohibitions of Arms, and of Ships otherwise f [...]rnished then Merchant-men use to be, and of taking surety and affording safe-guard in all cases where need shall require, and of ordering all other things necessary for the main­taining of Peace, Right and Equity among all manner of People, as well of other Dominions as their own, passing through the said Seas, and the Soveraign Guard thereof.’—Out of this Libel we deduce, that ‘The Kings of England had then been in peaceable possession of the said Dominion of the said Sea of England by immemorial pre­scription.’ That ‘the Soveraignty belonged unto them, not because they were Domini utriusq [...] ripae, as when they had both England & Normandy, and so were Lords of both Shores: (For Edw. I. at this time had not Normandy) but that it is inseparably appendant and an­nexed unto the Kingdom of England, Our Kings being The right unto the Sea a [...]eth [...] from the possession of the Shores: the Sea and Land make distinct territories: and as the loss of one Province doth not infer that the Prin [...]e must resign up the rest; so the lo [...] o [...] t [...]e land territory do [...]h no [...] by [...]ritancy argue the loss of the adjacent Seas. It is no more nece [...]y that [...] Sea town should command [...]oo mile [...] at Sea; then that each City should com­mand 100 miles byland. Iul. Pa­cius de dom. maris Adriatici. Superiour Lords of the said Seas, by reason (as the said Record speaketh) of the said Kingdom.’ And since that the Soveraignty of the Sea did appertain to the English Kings, not in any other Right then that of the Kingdom of England, you cannot doubt the Title by which Our present clai [...] is deduced. 'Tis in right of Britannia that We challenge it: 'Twas in that right the Romans held it: This claim justified K. Edward III. and his Rose-nobles: Though there are other reasons, regarding to the Lancastrian line, which yield a colour for the use of the Portcullis in the Royal banners of England; yet (as we read) in reference to his Maritime Dominion K. Henry VIII. did imbellith his Navy Royal there­with: and Q. Elizabeth stamped it upon those Dollars which she de­signed G Malines Lex Mercatoria part. 1. c. 35. for the East-India trade. A. D. 1600. thereby expressing their power to shut up the Seas with the Navy Royal, as it were with a Port­cullis. This Dominion of the Brittish Seas did authenticate the procla­mation of K. James in 1609. ordaining your Fishermen to take licenses [Page 124] at London, and Edinborough: This justified the like Proclamation in K. Charles, and warranted the E. of Northumberland in his naval expedi­tion, in 1636.

‘That Prescription is valid against the claims of Soveraign Pri [...]ces; cannot be denied by any who regards the Holy Scripture, Reason, the Practise, and the Tranquility of the World: That the Dutch challenge the Freedom to fish in the Brittish Seas by Prescription, is certain: But Prescription depends not upon the Corporal, but Civil possession; and that is retained, if claim be but made so often as to bare the Prescr [...] contrary, and it be evident by frequent Medails, or retention, of Arms, or the like, that the Civil possession is not relinquished. Our Kings have constantly claimed the Dominion of the Sea, none else pre­tending to it, and all acknowledging it to be in them, till the most modern Dutch arose: They never abandoned their Right, and These Medails (which are all Elias As [...]mole Esq could help me unto) pre­serve their claim. 1. The Britannia of A [...]toninus. 2. Appertains to Edward III. 3. To Henry VI. 4. To Edward IV. 5. To Henry VII. 6. To Henry VIII. 7. To Edward VI. 8. To Q Mary. 9. To Qu. Elizabeth:’ 11. To K. James. 12. To K. Charles I.

Would you know of what importance the Dominion of the Sea is unto this Nation? Hereupon a [...]one depends Our Security, Our Wealth, Our Glory. From hence We have a Right unto all those advantages and emoluments which the Venetian Republick draw from the Hadriatick Sea: where the Ships of the grand Seignior, of the Emperour, King of Spain and Pope, pay customs to maintain those Fleets which give Law to them within the Gulf. 'Tis hereby that We can shut or open these Seas, for Ships or Fleets to pass and repass them: Whereto Queen Elizabeth (your best Friend and Protectress) had so special a regard; that when the King of Denmark and the Hanse-towns solicited Her Majesty to permit them f [...]ee passage, they transporting Corn into Spain: She refused it to them; and when a protestant Fleet of Ham­burghers had presumed to do so, notwithstanding Her prohibition, She caused Her N [...]vy Royal to burn them, when they were passed Her ma [...]itime Territory, and within sight of Lisbon. June 30. 1598. yield­ing Selden. mare clau­sum l. 2. c. 20. this reason for her justification, That ‘they not only relieved Her Enemy with provisions, But had presumptuo [...]sly made use of Her Seas, without obtaining Her Royal permission for so doing.’ Proculdubiò nè Mari Anglicano, injussu Reginae te­mere uterentur. Ioan. Marquar [...]us JCtus. de jure me [...]cator. l 1. c. [...]6. Sect. 42. 'Tis hereby that We can justly demand an account of any Ship or Ships occurring in the said S [...]as, what their intentions are? And pro­hibit any State to enter there with potent Fleets without pre-acquainting us therewith, and desiring Our permission: without the which Right, we could never live secure on shore; It being easie for any forreign Flee [...]s to amuse us with s [...]s pretenses, and in their passage to invade and surprise Us: Thus whilst the Turk pretended to sail for Malta, He occasionally possessed himself of Canea in the Is [...]e of Candia. Many such presidents do occur in History: and in fear of such surprisal, the A [...]henians (being Lords at Sea) did exclude the Persian Monarch from S [...]lden l 1. c. 11. sending any Men of war into any part of the AEgean; Khodian, Carpa­thi [...]n, [Page]

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[Page] [Page 125] and Lydian Seas, and that which bends thence into the West, towards Athens: Thus the Carthagini [...]ns prefixed limits to the Roman navigation, that they should not sail beyond a determinate Pro [...] ­ry. id. ib [...]d. c. 13. The like caution was used by the Romans against King Ant [...]ochus, id. ibid. c. 14. and the Carthaginians: And the Turk prohibits all Nations, saving His vassals, to enter the Black Sea, or Pontus Euxinus: and also the Red Sea. We adde, that 'tis by force of the said Right that We can drive on Our Commerce, navigate our selves, and permit others secure­ly to trade with Us. It is true, You have presumed several times of late years to violate the security of Our Seas, by attacking the All [...]es of England, not only within Our Seas, but in Our Har [...]urs: You presumed heretofore to pursue a French vessel as far as London: You have more then once attacked the Alberic. Gentil. Hispan. A [...]vo­car. l. 1. c. 14. See Secretary Cooke's Letter to Sir William Bos­well, April. 16. 1635. at the end of the English Selden. Spanish Ships in Our Ports, and under the Protection of Our Cast [...]s; and particularly We do tell you, that the Honour of this Nation suffered much by the assault which you most insolently (and contrary to the faith given by your Embassadours, and Vice-Admiral) made Scilicet hoc factum Hollandorum est contra justitiam omnem pro cer­to: & contra reverentiam quae por­tubus & territor [...]is debetur alienis. Alber. Gentilis Hispan, Advocat. l. 1. c. 14. upon the Spanish Fleet in the Downs: in 1639. Such Indignities, if they be longer tolerated, All that trade to England will find themselves under a neces­sity to confederate with you, or to take Posports from you. Neither can you well deny that the Dominion of the Sea, is of so great concern unto England, seeing Ceste [...]y entre aultres merite bien une consideration speciale, que l [...] con unction des dits pais d' Holland. Zeelaud, Frise, & des villes de l Escluz, & Oste [...]nd in Flandres ae­vec les Royaulmes de vostre Majesté. emporte & Soy [...] E [...]pire de la grand mer Oceane, & par consequence un [...] asseurance & felicite perpetualle pour les subjects de vostre sere [...]issime Ma­jeste. John Stow [...] supplement to Holli [...]shed. A. D 1585. Your Ancestours urged Q. Elizabeth to receive the So­veraignty of the Netherlands, because ‘the annexing thereof to the Realms of Her Majesty, imported so much as the absolute Government of the great Ocean Sea, and by consequence an assurance and perpetual felicity to the Subjects of her Majesty.’ And you must excuse us for insisting upon that, since it is our clear Right, the which we might with some colour press you and others to yield unto Us, though We were otherwise in the wrong: So high and urgent are the concerns of Governours for the welfare, tran­quillity and security of their people. Take notice, that the Dutch d [...]d solicite the pretended Common­wealth, that the Intercursus mag­nus might be ratified: and in their second proposals (containing 35 Articles) tendered to the Council of State, by the Lord Catch. S [...]haep and Vander Perre, Art. 18. They de­sired a freedom of Navigation, and of Fishing. The Commissioners re­joyned, tha [...], the rights of England being reserved, They shou [...]d con­de [...]cend to such terms in reference to the fishing, as Reason and Equity should direct. Leo ab Aitzma, P. 772

In right of this Dominion of the Seas, do we appro­priate to Our selves the Brittish Fishery, and exclude all others from the free use thereof, except License be obtained, or the same be conditionated for by Treaty. It is most certain, that ‘were the Sea free for Com­merce and Navigation, yet would it not thence fol­low, that 'twere lawful for every one to fish there­in: for Divers private grounds, have through them (by Prescription, grant, or purchase) some, Iter: some Actum: some, Viam:’ Yet, no man, that may there lawfully pass, may also lawfully digg, to his gain, or o­therwise, In itinere, Actu, o [...] Vid, of that sort, with­out [Page 126] further and due license obtained. So all High-wayes are counted common and publick, to travail on: But for any private man (though He be a Subject) in any part thereof to digg for any Quarry of Stone, or Mine for Oare, or Stone-coles, &c. It is not lawful: though He would fill it up again, as well as He found it at first. Concerning this Right to the Fishing, it hath been alwayes acknowledged by For­reigners to appertain to England: and such Flemmings and Hollan [...]ers as used to repair to the Herring-fishing on our coasts, did constantly take Licenses, and ask leave to fish at Scarborough-castle, by an im­memorial custom. For (saith our great Antiquary, Mr. Cambden) the English have ever granted them leave Cambden. Britannia. in the de­scription of Yorkshire, and of Scar­borough castle. Hitchcocks New­years gift to Q. Elizabeth. edit. Londin. 1530. Selden mare. claus. l. 2. c. 21. to fish; reserving alwaies the honour and priviledge to themselves, but, thorough a kind of negligence, re­signing the profit to strangers. It is evident, that at such time as the Danes and Norwegians did exercise their Soveralgnty over the North-Sea, they did not permit any Strangers, either Flemmings or English to Rex Norwegia &c. habet insulas a­liquas videlicet Istandiam, Feroy, H [...]landt, & alias plures ad reg­num suum Norwegia pertinentes, ad quas nulli ab antiquo solebant acce­dere de terris alienis ex quibuscunque causis, sive piscandi sive mercandi­sandi, sub poenâ vitae & membrorum; non magis homines regni Norwegiae, quâm aliarum terrarum, praeter spe­cialem licentiam regiae Majestatis, &c. Isacius Pontanu [...] discus. Hi­stor. l. 1. c. 21. Selden. mare claus. l. 2. c. 32. fish near Shotland without License previously obtained: as appears by the Danish records, and other Muni­ments preserved in England: If any did presume to fish without License, they were punished with the loss of life and limbs: and besides this License, they were obliged to repair to Berghen to pay their customs and duties to that King's Exchequer. And this is avowed to have been practised constantly time out of mind, A. D. 1432. And in a Treaty betwixt K. Edward IV. and Christian I. King of Denmark and Norwey, A. D. 1465. It was agreed that ‘no English should so much as sail upon any pretense into those particular Seas Is. Pont [...]nns. ibid. Selden. ibid. and Islands without the Permission of the Kings of Norwey, upon penalty of loosing life and goods.’ Afterwards, by vertue of Leagues, this special license was so dispensed withall, that such English as traded thither were only to take a New license once in seven years: And even this was discontinued A. D. 1521. upon the expulsion of King Christierne, by reason that the Right of the Danish crown was in controversie; so that the succeeding Kings insisted not thereon: until King Christierne IV. did exact it, and mor [...], id. ibid. c. 21. of the English: Q. Elizabeth offering that her Subjects of Hull and elsewhere, should submit to that. Upon this Quarrel there passed sun­dry disputes and Embassies betwixt that Queen and Christierne IV. In the same condition were the Hollanders and Flemmings, they being ex­cluded those Seas, though permitted to trade and fish about the King­dome Zuerius Boxhorn. Apolog pro navi­gat. Hollandor. of Norwey: Nor did they ever fish in those Seas, but by special License or General indult of the Kings of Norwey: and albeit that the License-money were abated, yet were Thus the Hanse Towns by a per­petual League with Woldemar K. of Denmark, though, they had the Liberty to fish in the Sea near Schoneland; yet for every last of Herrings brought on shore, they paid 10 d. in the money of Schoneland; and every vessel la [...]en with herrings was to pay 11 s. for its passage thorough the Sound. A. D. [...]370. Ioan. Angelius de rebusp. hans [...]at. part. 3. c. 24. they obliged to pay the Kings customs upon the fish ta­ken [Page 127] by them; and in order thereunto, to bring all their fish on s [...]ore, and there to pack it up, that the King might not be defrauded of his rights: as appears by the Indult given them by King Woldemarus, A. D. 1324. This Dominion of the Sea was never disputed in those dayes, as to the King of Norwey; and the Rights of Sh [...]tland being passed over to the Kings of Scotland, A. D. 1470. (or rather, 1468.) by Christian I. upon the marriage of his daughter Margaret with James III. the same powers were vested in the Kingdom of Scotland, which were before inherent in that of Norwey: And the like Laws and Usages e­stablished: All Fisher-men being obliged to bring their fish on shore at Parlam. 4. Jacob. R 6. c. 60. Parlam. 6. ejus­dem c. 86. Iacob 6. p. 15. c. 237. some of the free Forts, and there to p [...]y the Assize-herring; and other dues: the which Assize-herring; and other customs upon the Fishery had been continued immemorially in those Seas immediately appertaining to the Realm of Scotland, and not subject to the dominion of Norwey. And a Scotch Lawyer speaking about the fishing in the Eastern Sea of Scotland, writeth thus. ‘I cannot omit to tell you, that in the past Age, after a most bloody quarrel between the Scots and Hollan­ders, Gul. Welwodus de dominio maris. c. 3. about occasions belonging to the Sea, the matter was com­posed in this manner, that in time to come the Hollanders should keep at least fourscore miles distant from the Coasts of Scotland. In a Treaty betwixt Mary Q. of Hungary, Re­gent of Burgun­dy for Charles V. and the Tutors of Mary Q. of Scot­land: and re­newed by Iames VI. 15 [...]4. The whole Treaty is rela [...]ed by Peter Borre l. 30. And if by accident they were driven nearer thorough violence of weather, they paid a certain tribute at the Port of Aberdeen before their return; where there was a Castle built and fortified for this and other occasions: and this was duly and really paid still by the Hollanders, within the memory of our Fathers, until that by frequent dissensions at home, this Tribute, with very many other Rights and Commodities, came to nothing, partly thorough the negligence of our Governours, and partly thorough the boldness of the Hollanders.’

‘I have not opportunity to procure on the suddain, any exact intel­ligence from Scotland, concerning the transactions there relating to Scotland: but that inquisitive person Gerard Malines informs me that after this Agreement betwixt that Crown and the Dutch, that the latter should not fish within eighty miles of the Coast, least the Scholes of Herrings should be interrupted: King James before his coming into England, did let the fishing of Scotland to the Hollanders for fifteen years. If this happened to be done at such time as The Dutch sent their Embassadours to the Christning of Prince Henry, A. D. 1594. We may compute the time as expired in 1609. at what time King James issued out his Proclamation, enjoyning all to take Licenses. It is cer­tain, that they did then very much caress that King, that they presented the Prince with above 400 ounces of fine G [...]ld, and a Deed sealed, whereby the Royal Infant was to receive 5000 Florins annually out of Camp-ver [...]: So saies Meteran. and Reidanus A. D. 1594. And They did renew the Perpetual Treaty of 1551. betwixt Mary of Hungary, Re­gent of Burgundy for Charles V. But it is meerly a Defensive alliance, & obligeth them to fish 80 miles from the Shores, as appears in P. Borre lib. 30. It is certain the King could not any way alienate the Royalty [Page 128] of the Assize-herring, by the Laws of Scotland; what the King might connive at, or dispense with (as to Licenses, or nearer approach to the Coasts) in regard of the s [...]id sum (pretended to be paid to the Prince) 'tis more easie to conjecture, then determine. It were to be wished that s [...]me Scottish An [...]iquary would inform Us of the Rights and Usages of Scotland concerning their fishing. I am told there is a Record in Scotland, whereby the Hollanders do covenant to pay K. Mal­col [...]e a Rose-noble [...]or every last of Herrings caught, on those Shores.’

As for the Irish Seas it is likewise evident, that Licenses were there issued out unto each fishing Vessel; and there is a Statute of the Parliament in that Kingdom under Edward IV. (in the fifth year of his reign) enjoyning all Fishers of other Lands to repair to the Lieu­tenant, Statut. Hibernic. 5. Edw. 4. c. 6. Deputy, or Justice of that Realm for such Licenses to be obtain­ed. Moreover, K. Philip the second, K. of Spain (and Duke of Burgun­dy) in the first year of Q. Mary, obtained license for his subjects in gene­ral Sir [...]ohn Boroughs of the Soveraign­ty of the Seas. & Gerard. Malins Lex mer [...]at. [...]. 35. to fish upon the North-coast of Ireland, for the term of 21 years, paying yearly for the same 1000 pou [...]ds: which was accordingly brought into the Exchequer of I [...]land; and received of Sir Hen. F [...]ton; being then Treasurer there; as his Son Sir Ed. F [...]ton hath often testified.

O [...]t of all that hath been said. It is evident that this effect of the Do­minion of the four Seas, which relates to the disposing of the fishery, by giving Licenses to fish, & exacting other dues, & enacting of Laws about it, doth appertain to the English, as now united with Scotland and Ire­land: And it will appear further by the Acts of Indulgence, whereby the Kings of England have at sundry times permitted other Nations ar­bitrarily to fish in their Seas. It is manifest, that none ever fished therein (but by usurpation) without special License; or general Indult: It is also manifest, that there never was any Act of State by which the Seas were permitted to be promiscuously fished in by all forreigners whatsoever: But to particular Nations and Corporations there have been several In­dults of that nature. As, to the Subjects of France; Henry IV. issued out Rot Franc. 5. Hen. 4. Sept. 29. Selden. mare claus. l. 2. c 21 Sir Iohn Boroughs of the Soveraign­ty of the Sea. his Letters unto all his Admira [...]s, that they should not molest the French in their fishing for Herrings, or other fis [...], throughout that part of the Sea, which is bounded on this side by the Ports of Scarborough and Sou [...]hhampton, and on the other side by the Coast of Flanders, and the mouth of the River Seine. This was granted to the K. of France upon a truce betwixt the two Crowns: and the [...]ine was limited for the said fishing, betwixt Autumn and the first of January. Moreover, it appears Rot. Franc. 33 Hen. 6. Membrum. 9. & 14. by Records, that Henry VI. gave leave particularly to the French, and very many other Forreigners, ‘for one whole year only (somtimes Selden. mare claus. l. 2. c. 21. for six moneths) &c. to go and fish throughout the whole Sea at all times, and as often, &c.’ But this Leave was granted under the name So in the Inter­cursus magnus, it is said that the Fi [...]hermen of both parties shall fish without License, or impediment. Tha [...] is, reddendo singul [...] singulis, the Dutch without License, the English without impediment or molestation: [...] on the English did not use to fish upon the Flemmish coast; but both upon the English. even of a Pasport, or Safe-conduct; yea, and a size or proportion was prescribed to their Fishing-boats, that they should not exceed avove [...]0 tuns. It is true indeed, there was a kind of consideration or condition added in these, and other grants to be mentioned, ‘That such as were [Page 129] Subjects of the King of England, might in fishing, enjoy the same se­curity with Forreigners.’ Which was for this cause on [...]y put into the Licenses, that if the forreigners did disturb and molestthem, they should loose the benefit of the Licens. Also upon a truce betwixt Edw. IV. and Francis Duke of Breta [...]gne, it was Articled, that The Fisher-men of Bretaigne might peaceably, and without Safe-conduct, attend upon their Sir Io [...] Borought Rot. Eran. 8 [...]. 4. occupation by Sea. And the King of France himself, in the reign of K. James, and K. Charles, continued (as his Predecessours did) to request leave for a few vessels to fish upon the English coasts near Rye, and This is averted by Secretary Naunton in al e [...] ­ter to Sir Dudley Carleton, Dec. 2., 1618. printed with the English Selden as also by Sir Iohn Borough [...], Gerard. Malines Lex Mercator. part. 1, c. 35. Rot patent. 23. Ed. 1. Membr. 5. Seld. mare claus. l. 2. c. 21. that only for provision of his houshold, being tied to observe the Or­ders and Laws of the English fishery; for breach whereof divers of his subjects have been taken and imprisoned in Dover-castle, and else­where. The Company of the old Hanse-towns in the first year of Q. Mary, had also liberty to fish within the said Seas, upon certain conditi­ons, as appeareth in the Chappel of the Rolls of Chancery. As to the Flemmings and Netherlanders; there was a Letter written by Edward the first, and Proclamation made, that the Hollanders, Zelanders, and Fries­landers, being in amity with England, might securely fish about Yar­mouth. Upon the same day, in favour of the Earl of Holland, and his subjects, He set forth three Men of war toward the farther coast of the Sea, ‘for the safe-guard (as He saith in another Letter) of those vessels belonging to your & our own Country, that are in these days employed about the Herring-fishing, &c. and to guard your Coasts id. ibid. near the Sea.’ Here He grants a Protection to fish: and in both the Letters, He limits it within the space of two moneths. He alone also protected the Fishermen upon the German Coasts (which by reason of its nearness, He calls here your coast near the Sea, in his Letter to the E. of Holland) as well as upon the English. There is likewise a Record, that Henry VI. did by a Treaty betwixt Him and the Dutchess of Bur­gundy, Sir Iohn Boroughs of the Soveraign­ty of the Sea. grant unto the subjects of Brabant and Flanders, the liberty to fish in his Seas, without impeachment or disturbance. So in a truce to endure for thirty years betwixt the K. of England and his Heirs on the What this Duke was I know not [...] but Sir Iohn Bo­roughs do [...]h justi­fie the Re [...]ord. one party, and the D. of Burgundy and his Heirs on the other party, one Article is, ‘That the Fisher-men may sail and fish, without be­ing obliged to ask leave, or to take License, or Safe-conduct.’ The aforesaid Article was afterwards inserted into that famous League of Commerce, called Intercursus Magm [...]s, and Intercursus Haereditarius, made betwixt K. Henry VII. and Philip Archduke of Austria, Duke of Burgun­dy, A. D. 1495. wherein They contract for them and their Heirs, That Intercursus mag­nus c. 14. edit. per Zuer. Boxhorn. cum Apologiâ pro navigat. Holland. Everard. Reida­nus Annal. Belg. l. 1 [...]. ad An 1598 In the year 1596. when a League was made betwixt the Queen, France, and the Dutch: the Q. refused to admit the Dutch as a third par­ty, but rather to be comp [...]ed under her; as their Protectress: But the K. of France would treat with, and comprehend them as a Free people. id. ibid. l. 12. A. D. 1596. ‘the Fishermen of both their Dominions, of what condition soever they be, may sail any whether, and fish peaceably, without any im­pediment, license, or safe-conduct.’ The same intercourse was ra­tified again by Henry VIII. when He made a peace with Charles V. And by virtue of that League did the Dutch enjoy the priviledge of fishing in the Brittish Seas, without any License or acknowledgment of K. Ed­ward VI. Q. Mary, and Q. Elizabeth: The last Queen did never treat [Page 130] with you as a Republick, nor ever intended that you should be such: but She protected you as Subjects to the House of Burgundy; whom She desired to preserve free from the usurpations and tyranny of the Spani­a ds. After that England and Scotland were united in the person of K. James, the condition of that League of Intercourse was much altered: For the League being made by a K. of England only, did not include the K. of Scotland, nor entitle the Dutch to fish in those Seas without li­cense, much less exempt them there from paying the Assize-herring, and other cusioms which were an unalienable part of the Regalities of that Crown: Moreover you were then in 1609. acknowledged by the Heirs of the House of Burgundy (viz. the K. of Spain, the Arch-dukes Albert and Card. Bentivogli [...] History of Flan­ders, part. 3. l. 8. Isabella) to be Free States upon which they had no pretensions at all: And if the House of Burgundy had no pretensions upon the Uni­ted Provinces, It is manifest that the United Provinces could not pre­tend to any thing by virtue of a League made purely with the Duke of Burgundy, ‘his Heirs and Successors, their Domini­ons and Territories, their Vassals and Subjects, This is expressed in the first Article of that League. that either then were, or afterwards should happen to be so:’ For They are not Vassals and Subjects to This same argument would ex­clude them from the League of 1551. made with Mary Q. of Hungary in behalf of Charles V. had the [...]e been any thing of the fishing therein: which yet is never averred by the Dutch in any Wri­ting or Memorial. the Successours of the Duke of Burgundy, who was the Contractour at that League: They are no more included therein then the K. of Denmark, or Sweden: Nor can They pretend that though They be no longer Subjects to the House of Burgundy, yet They are in deed the people included in the League: for when a Government is changed from a Republick to a Monarchy, or from a Nam ut subtiliter non sit ista Reip. mutatio: tanta est alteratio tamen, ut nec nomen maneat, nec eadem dici Respublica possit. Alberic. Gentilis de jure belli Commentat. 3 p. 206. Florentino duci ambienti ex jure ve­teru Reipublicae Florentinae praeceden­tiam supra Ferratiensem ducem ju­ [...]isconsulti maximi abjudicârunt litem, quòd Status Dueis non esset idem ac Reipublicae. Novus status est, si de populari mutetur in Monarchi­cum [& vice versâ] & tum nec sub­rogatum tenet jus ejus in cujus ve­nit locum: quum sit diversae na­turae.—Nomina quae speciem sig­nificant, si mutentur, speciem mu­tant. Si nomen Regni mutetur in duca [...] nomen, extinguitur Regnum. Albericus Gentilis in disput. 2. de Unione Regnotum Britanniae. Monarchy to a Dukedom, or Republick, it is not legally the same, but the former becomes extinct, as to Leagues, Priviledges and Preheminences: and this hath been ad­judged a thousand times by the best Civilians, and the common practise of Princes. You must not therefore insist upon any Right of fishing by that League; nor can you reckon the time past wherein you have enjoyed the fishing without license, into an immemorial occupancy and prescription against the English Title: For unto a Legi­timate prescription, It is requisit that the persons claim­ing thereby, should be possessed immemorially of the thing claimed; But you were never possessed of the Brittish fishery: A tenant, How long soever He hold the Land, doth not prescribe against His Landlord; and He with whom any thing is deposited, lent, or entrusted in ano­ther's behalf, cannot challenge it by this title, though af­ter two hundred years. That which is held by virtue of compact or League, or upon sufferance, without renun­ciation of right, can never become the possessours by Confirm. jure Civili. Nam L. M [...]le agitur. C. de praescriptione 30 annorum, sic dicitur. Malè agitur cum dominis praediorum, si tanta precariò possidentibus praerogativa defertur, ut [...]as post 40 annorum spatia qualibet ratione decursa inquietare non liceat. Vide L. Lessium de justitia. l. 2. c. 6. dub. 2. Lud. Molina de justitiâ, [...]act. 2. disp. 62. [Page 131] Prescription. The League did not give away the English Dominion of the Seas, but gave unto the Subjects of the House of Burgundy a freedom to fish therein without L [...]se. The general Civil Right did still continue in the English; and at the same time that you fished without License, the English rights were asserted by enforcing others to take license, and pay the Assize-herring: And if your fishing without license could pre­scribe for any body, the House of Burgundy must reap the benefit there­of, and not the Free States of the United Netherlands.

We conclude, that it is not only the undoubted Right of England to dispose of and direct the Fishery, but to appoint Wafters, or Men of War to secure the Fishers, and to exclude all other Ships from that em­ployment: and withal, to take a ratable proportion of every fisher-bark towards their costs and expenses in securing the fishing. Thus K. Edward IV. invested three persons with the Naval power, whom the Records call Custodes, Conductores, & Waftores; Guardians, Conductors, and Waf­ters, Selden. mare claus. l. 2. c. 21. whose office it was to guard the Fisher-men upon the coast of Norfolk and Suffolk. To the end therefore that the expenses of the Guard might be defraied by the Fisher-men, and all others whatsoever excluded from medling with this kind of Guard or Protection, He ap­pointed four Men, by name Sir John Hemingham Kt. William Hopton, Edmund Yve, and John Wansfleet Esq as well (say the Records them­selves) to over-see those Guardians, Conductors, and Wafters, as to give notice to all Fisher-men of what countrey soever, who shall desire to fish in the parts aforesaid, under the protection of the said N. N. that those id ibid. Sir Iohn Boroughs of the Soveraign­ty of the Sea, doth rec [...]e the Rocord at large. Fisher-men, and every of them do contribute to all and all manner of Costs, Charges, and Expenses belonging to the same Guardians and Conductors in the time of fishing, according to a certain proportion: They are also to arrest, apprehend and commit to goal any else that shall presume to act as Wafters and Conductors. And there are Letters Patents of the same tenour issued out by Richard III. and Henry VII. with this additional clause, that ‘no fishermen were to be exempted from the said payments, though they had Letters of publick secu­rity and protection from other Princes.’

Hitherto we have given you a plain and perspicuous account of the Fishery, what Interest and Right the English have thereunto: And, If we do demand any thing for special Licenses, or one in General, to be renewed annually, or after term of years, It is no more then you your selves perform and comply willingly with in the Seas of Denmark: That King receiving at his Ward-house in the Sound for a License one Dollar; Sir Iohn Boroughs of the Soveraign­ty of the Sea. Gerard. Malines Lex mercatoria. part. 1 c. 35. and for the Seal, or Rose; a Noble of every Ship: and for every last of Herrings (being 12 barrels) one Doller. In Russia many leagues from the main, the Fishermen do pay great taxes to the Emperour, and in most places, none but the Natives are permitted to fish; but where the Hollanders are permitted to fish, there they pay Ioan. Loccenius de jure maritimo. l. 2. c [...]. Sect 2. every tenth fish to the Emperour. The King of Sweden amongst the Begalities of that Crown, hath that of the Tenth fish caught in his Seas, or if not that, then a General composition for the fishery: He hath also s [...] ­veral Recessus Holm [...] de an. 1643. art. ult. districts, channels, or veins Royal in his Seas, which are appropria­ted to his particular use: Nor is there any fisting permitted in the open [Page 132] Sea there, but by the leave and direction of the Gover­nour of the neighbouring Por [...]. Neither are these the Abs (que) venia Magistratús pr [...]ecti (que) port [...] Regis directione piscatio in pub­ [...]ico non est permissa, jure po [...]s Suedico Ca [...]oli octavi, Art. 14. & 25. c. 29. Sect. 1. de aedif. LL. prov. Su [...]. [...]ante Locenio, ibid. Sect. 3. only Princes which either exact money for Licenses, or totally exclude others from fishing on their Seas; In Portugal the same is practised in the Kingdom of the Algarbes; and the Natives pay a certain tribute for their liberty to fish. In Spain the Duke of Medina Si­donia doth rent out the maritime jurisdiction which he Joan. Botero. l b. 1. Europ. p. 5. Joan. Palatius de dominio matis. l. 1. c. 13. hath in reference to fishing, for eighty thousand Duckets of yearly revenue: and the D. of Arcos raiseth by the Sir. Iohn Boroughs of the Sove­raignty of the Sea. same course the annual rent of twenty thousand Duckets. And you your selves do impose taxes on the Fish, taken by your own Fishermen upon our Seas: In so much that above 30 years since, there was paid to the State for Custom of Herring, and other Salt­fish above 300000 l. in one year: besides the Tenth fish and Cask, paid sor Waftage; which cometh to at least as much more. Whereas there ought to be no other Wafters tolerated in the Brittish Seas, but what are of Eng­lish appointment; nor any receive Convoy-money but by their Authority.

Could you claim any thing by vertue of the Intercursus magnus, yet you have notoriously violated those Articles, and forfeited those Pri­viledges, Qui suo privilegio a [...]titur. illud a­muttit. Jo. Mar­querdus de jure commerc. l. 4. c. 3 by molesting our Fisher-men. You have with your Busses and Dogger-boats, come nearer and nearer to the Brittish coasts year by year, then you did in former times, without leaving any bounds for the English and Scotch, to fish upon their own coasts; and you have affronted and seized upon several for enterfering with your Fleets of See Secretary N [...]nton's Letter to Sir Dudley Carlton. Ian. 21. 1618. at the end of the English Selden. Busses; your Wafters terrifie them, and you frequently let some of your greater vessels drive thorough their nets, thereby to endamage the poor men, and to deterr them from fishing near you. Thus you anticipate and intercept the great Scoles of white fish, and the Scotch and English have no advantages, but upon the broken Scoles; and they are so broken, and so far scattered away from our Coasts, that sew are sound worth Wel [...]ood's mari­time Laws, Tit. 27. the taking: So that the English and Scotch now buy of you their own Herrings: against which there were Laws enacted by K. Henry VIII. An. regn. 33. which continued in force until the first of Q. Mary; and Sir Iohn Boroughs of the Soveraign­ty of the Sea. then expired by the artifices of the Spanish and Netherland interest concurring in the person of K. Philip. To conclude, Be your Privi­ledge to fish in our Seas what you will, and How valid soever, They Fe [...]us in c. no­vit. de judic. n. 8. vers. 2. & aliis passibus ex Are­ [...]no & secundùm Innocentium [...], Quod si pri­vilegium conces­sum non subdi [...], ex post. facto en­o [...]er laedat concedentem, praeter ejus intentionem, resolvatur tale privilegium ipso jure, & possit revocati, allegans textum. in c. suggestum. de decimis. quib. ad. l. Sejo. 10. Sect. penult. ff de a [...]nu. leg. & l. fistulas. 78. Sect. frumenta. 3 de contrah. empt. Faciliùs revocatur privilegium juris dictionum. & Rega­ [...]m, si enormiter postmocum laedit. Io. Marquardus de jure commerc. l. 4. c. 3 Sect. 58. do undoubtedly cease upon this account, that they do intolerably pre­judice and endamage the English, the donors thereof: and although they had been granted you upon valuable considerations, yet upon this princi­ple They would cease. Thus Q. Elizabeth did abrogate the priviledges of the Hanse-Towns in England, when by their excessive trade and great immunities in this nation it appeared, that the Crown had suffered pre­judice thereby to the sum of a million and an half: and that they did [Page 133] depress the English merchants, & hinder their commerce, to the great decrease of shipping and Sea-men amongst Us. Hereby our fishing is discontinued, our Shipping and Marriners decreased, our maritime towns depopulated, our General Trade (and consequently our home­rents) diminished, and the whole Nation weakned and impoverished: whilst you employ at least 6800 ships and busses in the fishing, and there­by perpetuate a large Seminary of 20000 Mariners, who are hereby not only enabled to brook the Seas, and to know the use of the tackle and Compass; but are like wise instructed in the principles of Naviga­tion and Pilotage: you do also thereby supply all Europe with fish, and engross all that Trade which of right appertains to the English; and Sir Iohn Boroughs. the greatest part being sold for ready money, you commonly export the finest gold and silver, and coming home, recoyn it of a baser alloy under your own stamp: whereby your Treasury is advanced, and others im­poverished. At the first, your fishing was not so great as it is now, nor the dammage so sensible and evident as it is at this present: The way of Zuerius B [...]horn. Apolog. pro na­vigat. Hollander. Io. Isac. Pontanus discuss. Histor. l. 1. c. 14. pickling Herrings was discovered only in 1416. by Gulielmus Buckeldi­us, a Flemming; yet even in the dayes of Henry VIII. the Parliament complained of the decay of the English fishery and fisher-men, and made an Act 33 Henrici, to this purpose: ‘Because the English Fish­er-men, dwelling on the Sea-coasts, did leave off their Trade of fishing in our Seas, and went half-seas over, and thereupon the Seas did buy fish of Picards, Flemmings, Normans, and Zelanders, by reason whereof many incommodities did grow to the Realm, viz. The decay of the wealth and prosperity, as well of the Cinque­ports, and Members of the same, as of other Coast-towns by the Sea­side, which were builded and inhabited by great multitudes of peo­ple, by reason of using and exercising the craft and fear of fishing. Secondly, the decay of a great number of Boats and Ships. And thirdly, the decay of many good Marriners, both able in body by their diligence, labour, and continual exercise of fishing, and ex­pert by reason thereof in the knowledge of the Sea-coasts, as well within this Realm, as in other parts beyond the Seas. It was therefore enacted, that no manner of persons, English, Denizens, or Stran­gers, at that time, or any time after dwelling in England, should buy any fish of Strangers, &c.’ The considerations insisted upon in this Act; are much more prevalent with Us now, then they could be at that time, when the evil effects of your so great fishing did but begin to diffuse themselves; The towns which were then lessened in their greatness, are now reduced to such a condition, that they scarcely find a place in our Mapps: The fishing is abandoned quite, and the Men and Boats are no where to be found: It was observed in England, that by your fishing at Yarmouth-coast for Herrings for 36 years only, Dr. Iohn Dei's Brittish Monar­chy, pag. 23. the coasts of Norfolk and Suffolk decaied in their Ships to the num­ber of 140 sail, and they from 60 to 100 tun, and upwards; besides Crayers, and lesser vessels: and hence it arose, that in 1572. the English were not able to trade to Island, as they used to do, to the great de­triment and loss of the English Nation. We are now brought to this e­state, [Page 134] that we cannot carry on our forreign Trade, or manage our Na­val Force without retriving the Fishery: and you must excuse Us, if we regard our own welfare before your emoluments: No tenderness to our Neighbours ought to induce Us to prefer their Interest before that of Eng­land; No policy allows Us to permit you to grow so potent at Sea, and so rich in Trade, especially by our detriment: seeing that this will be the fatal consequence thereof, that you will in a short time devour our Trade, and reduce Us (your former Protectours and Fatrons) to a precarious dependance upon the Power and Mercy of Hollanders. Some­what might be said for you, were your fish the product of your own Seas, and your Trade the result of your Industry: But the vast commerce you have (not to tell you of the Fraud, and outrages upon the English merchants) is principally supported by un-licensed en [...]ment upon Our Territories. The Law of Nations obligeth you to be just to every one, and not to enrich or otherwise strengthen your selves by en­damaging others: According to the vulgar saying of Pomponius, Ne­minem W. Wel [...]ood of Maritime Laws. debere cum al [...]rius damno locupletari: and that of Tryphonimus; Ex aliend j [...]cturd lucrum haurire non op [...]riet. We do not desire you to fish upon our Seas: But if you will reap any profit out of them, common reason obligeth you to a reciprocal acknowledgment of the kindness: and it is but just that you submit to the Taxes and Conditions to be im­posed, in case you desire to draw unto your selves the emoluments. The common maxims of State do authenticate our proceedings, if we totally interdict you them; and it is an Argument of our respects to you, that we offer you to fish therein, upon such terms, that the profits which accrue to the States-General out of the said Fishery be trans­ferred upon Us, to whom They duly appertain: For the Soveraignty of those Seas doth belong unto England by immemorial prescription, con­tinual usage, and possession, the acknowledgment of all our Neighbour States, and the Municipal Laws of the Land. Because the injuries which the English Merchants sustained as Amboyna, have been the subject of much con [...]tion betwixt our Nation and that of the United Provinces, and because the irregular proceedings, barbarous torments, and Death practised and inflicted upon the English factory there, were things resented by K. James, remonstrated against by K. Charles I. justified by the Dutch, and revenged by the pretended Parliament in the war 1652. Yet so as that They [...]ld not cons [...] to any peace, except they which still survived, and were acting and assisting thereat. should be prosecuted by due course of Justice: I have thought fit to adde the Relation of what those Innocent persius suffered, What the Dutch did to the Actors of that bloody Tragedy, and what Cromwel connived at in his dear friends the Province of Holland.

An Account of the English, how They were tortured at Amboyna, A. D. 1622. on Sunday Febr. 16. old style; at which time they were in Amity by solemn League, and Copartners with the Dutch in that Trade.

THE manner of the torture of John Clark (as also of Emanuel Tom­son, See the Relation reprinted and justified. London. A. D. 1633. and Timethy Johnson) Assistants to the English Agent there, was as followeth. First they hoised him up by the hands with a Cord on a large door, where they made him fast upon two staples of Iron, fixed on both sides at the top of the door-posts, haling his hands one from the other as wide as they could stretch. Being thus made fast, his feet [Page] [Page]

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[Page] [Page 135] hung some two foot from the ground; which also they stretched a­sunder as far as they could reach, and so made them fast beneath un­to the door-trees on each side. Then they bound a cloth about his neck and face so close, that little or no water could go by. That done, they powred the water softly upon his head, until the cloth was full up to the mouth and nostrils, and somwhat higher; so that He could not draw breath, but He must withal suck in the water: which being still continued to be powred in softly, forced all his inward parts, came out of his nose, ears, and eyes, and often as it were stifling and choak­ing, at length took away his breath, and brought him to a swoun or fainting. Then they took him quickly down, and made him vomit up the water. Being a little recovered, they triced him up again, and powred in the water, as before, eftsoons taking him down as he seem­ed to be stifled. In this manner they handled him three or four several times with water, till his body was swollen twice or thrice as bigg as before, his cheeks like great bladders, and his eyes staring and strut­ting out beyond his fore-head: yet all this He bare without confes­sing any thing. In so much as the Fiscal and Tormentors reviled Him, saying that he was a Devil, and no Man, or furely was a Witch: at least had some Charm about him, or was enchanted, that He could bear so much. Wherefore They cut of his hair very short, as supposing he had some Witch-craft, hidden therein. Afterwards they hoised him up a­gain as before, and then burnt him with lighted candles in the bottom of his feet, until the fat dropt out the candles; yet then applied they fresh lights unto him. They burnt him also under the Elbows, and in the palms of the hands, likewise under the arm-pits until his inward parts might e­vidently be seen. Being thus wearied and overcome by the Torment, he answered Yea, to whatsoever They asked.

Having thus martyred the poor man, they sent him out by four blacks; who carried him betwixt them to a dungeon, where he lay five or six dayes without any Chirurgeon to dress him, until (his flesh being putre­sied) maggots crept from him in a most loathsome and noysome manner. Thus they finished their Sabbath-days work; and it growing now dark, sent the rest of the English first to the Smith's shop, where they were loaden with Irons, and then to the same dungeon where Clark and the others (already tormented) lay, with several Japoneses, whose ulcers were likewise putrefied.

Thus ten English of the East-India Company (no way subjected to the Hollander,) were tortured more or less according to their courage and obstinacy, until they had confessed themselves guilty of a Plot, wherein ten English without Arms, without any possible assistance from any other English Factory, by the aid of ten simple Japoneses designed to surprise the strong Castle of Amboyna, guarded diligently by two or 300 Dutch souldiers, besides as many more Free-burghers in the Town, and which might be easily relieved or re-taken by their neighbou [...]ing Castles well manned, which the Dutch had in the same Island.

After this the Dutch Governours met, and before sentence, earnest­ly [Page 136] called upon the name of the Lord, that He would be pleased to be presi­dent and predominant in every one of their hearts, in this their sorrowful Assembly; and that He would inspire them only with that which might be judged expedient and just, &c. Then they adjudged them to be beheaded. They were carried to ex­ecution, not the ordinary way, but round about in a procession, through the Town: the way guarded with five Companies of Souldiers, Dutch and Amboyners, and thronged with the Natives of the Island, that (upon summons given the day before by the sound of Drum) flocked together to behold this Triumph of the Dutch over the English. They all at their deaths professed that their confessions were false, and ex­torted from them by the te [...]ours of the Torment; and disclaimed that unimaginable and unseasible conspiracy.

But the Plot was on the Dutch-side, that they might hereby possess themselves of the Spice-trade; and as Iezabel caused a Fast to be kept before judgment against Na­both, so did the Hollanders in this case. King Iames demanded satisfaction for their blood; they being neither guilty, nor Subjects to the Dutch, nor within their Domini­ons; neither, if they had been, were they proceeded against by the rules of Holland: Their Iudges had no jurisdiction over them; the proceedings were arbitrary and barba­rous; such as none of humane race, much less Christians, would execute against the greatest Criminals, but these insolent, ingrateful, unchristian, Netherlanders. Yet no amends could that King obtain for the murther of his Subjects, or the damage which the Company had suffered by confiscation of their Goods. The matter was put off with delayes until 1624. And then the States desired 18 moneths time for the recalling of the Actors of that bloody Tragedy; but in the mean space King Iames dyes; and King Charles I. succeeds; the Dutch, instead of disgracing or imprisoning Harman van Speult Governour of Amboyna, receive him with great honour and triumph at Iacatra, See the Preface to the defense of the East-India Company a­gainst the Dutch Remonstrance. Printed at Lon­don 1632. and instead of sending him to Europe, according to the directions and command of the States General (in a Letter conveyed thither by the English) they made him chief Commander of a Fleet of Ships, sent from thence to Surat: and instead of making any restitution or reparation to the English, which was promised and pretended, they pos­sessed themselves of the whole trade of the Moluccos, Banda and Amboyna: about 1632. some of the Iudges at Amboyna returned into the Low-Countreys, where they lived free and well countenanced, and were never punished by their Superiours. The remon­strances of K. Charles were ineffectual; and he had employed his Arms for reparation, but that the controversies about Ship-money retarded his Naval strength, and the suc­ceeding troubles in Scotland and England totally disappointed him. The los [...] our Com­pany MSS. Comment. received at Amboyna, Banda, and the Moluccos, amounted to 48900 l. 15 s. be­sides other damages. The pretended Common wealth, by their Embassadour at the Hague, demanded ample satisfaction for all the losses of the East India Company, and with­al, So Mr. Saint Iohns saith in his Speech to them. judgment against those that had so murdered the English at Amboyna: some whereof were then present in the States provincial of Holland: In their Articles, they inserted one to this purpose: and it was agreed to under Cromwel: But he, to establish himself the better by indulging the province of Holland (his dearest confederates) did not enquire into the affair; having only proformâ, and as it were for his credit, in [...]ted on that Arti­cle; MSS. Comment. or acqui [...]ing in the Retroacts of the Dutch, whereby they offered to justifie the procedure; the which Retroacts were printed in Quarto, 1633. and disproved by the East-India Company at the same time. Those Retroacts were no secret in this Nation, being published verbatim, with the Answer: They which first urged the Article, were not ignorant thereof, and Cromwel himself was satisfied with the illegality of the Action, until he abandoned the regards of his Conscience, to those of his Ambi­tion and Interest.

O mites Diomedis Equi! Busiridis Arae
Clem [...]es! Iam Cinna pius, jam Spa [...]ace lenis,
Cu [...] Batavis collatus, cris—
FINIS.

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