WHen I perused the Treatise, Enti­tuled, Considerations upon the pre­sent State of the United Nether­lands, I could not but recal to minde that Raillery of Charles the Fifth; who, when He ad­justed the usefulness of several European Languages, said, That the Dutch was fittest to be used un­to an Horse. Certainly the ex­pressions they use against His Sacred Majesty, the present King of Great Britain, are so rude and barbarous; the sug­gestions so palpably false, that in a controversie betwixt pri­vate persons, such a procedure were intolerable in any part of the Civil World: How much more then ought we to resent it, where the Dignity and Honor of our Prince (upon whose Reputation abroad, and at home, not onely the National Renown, and General Commerce, but the Welfare and Being of each Particular Man is suspended) is concerned? I do not endeavor to serve the present juncture by this high insinua­tion of what importance it is, that the Majesty of our Sove­raign be upheld: I do not act any thing of the Courtier here­in; 'tis a document of the best Politicians, and the experience [Page 2] of all Ages, Neque verò incas­sum haec nominis ex­istimatio quaeritur: H [...]c enim dubios fir­mat, benevolentiam amicorum auget, mi­lites obsecundantes reddit, commeatuum vias explanat, pecu­nias minori labore acquirit; demum plae­ra (que) omnia in existi­matione consistunt; quae cùm perdita est, fortia ac validissima remedia, nedum de­bilia & invalida, vix prosunt, & inviso se­mel princip [...], seu bene seu male facta premunt. Scipio Ammirat. dis­sertat. Polit. lib. 13. Discurs. 1. doth confirm it for a Truth: It is no vain or empty design, for a Prince to preserve that credit and re­nown which appertains unto His Quality; 'tis hereby, that He shall ensure Himself of those that waver in their Friendship or Allegiance; 'tis hereby, that He shall re­tain His Armies in Discipline and Courage; 'tis hereby, that He shall continue in His other Subjects, their due Re­verence and Respect. In fine, The Reputation of a Prince is All in all: And that being once lost, the most powerful and prudent Remedies become ineffectual to the support of his Crown, and tranquility of His Dominions. Neither do I upbraid the Dutch with the violation of those Edicts, where­by Christianity regulates Men so in their deporments, As not to speak evil of Dignities; not to Blaspheme the Gods, or Magistrates; being reviled, not so much as to revile again; Whatsoever things are just, whatsoever things are honest, what­soever things are of good report, if there be any praise, if there be any glory, to think thereof: No, no, I should injure Christen­dom to reckon the Vnited Netherlands a part thereof; such are their practises, that 'tis a crime in them to profess that Re­ligion, and a great mistake in those that entitle them there­unto: I know not, whether I do not speak too mildly con­cerning those deluded persons, since 'tis a wilful error in them that imagine so; the Dutch themselves have avowed it, and those that managed their Trade in Iapan, when the Christi­ans there (at the instigation of the Dutch) were all by hor­rible tortures put to death, and every Hous-keeper enjoyned to declare in writing, Varenius Descript. Ja­poniae, l. 2. De Reli­gione, Japon. c. 11. p. 200. Edit. Amste­lodam. 1649. Haec Rejeri Gisberti Narratio est, cui, quoniam ea tantùm describit, quae ipso praesente gesta sunt, fidem derogare haud jure possumus. Varen. ibid. p. 201. That he neither was a Christian, nor retained any Christians in his family, Melchior à Santvoort, and Vincentius Romeyn, subscribed themselves, that They were Hollanders: Most impiously for lucre's sake de­clining that Profession of Christianity, to which Christ and his Apostles oblige them. If they were ashamed or afraid to acknowledge Christ then, I know what our Saviour will do to them hereafter; and if we be ashamed to own them now, or positive in denying them to be Christians now, we are ju­stified by an infallible Authority. I would willingly palliate the matter, by casting the scandal upon a few particular persons, who might be surprised with the imminent danger at that [Page 3] time: But their reputation is not to be salved so; for the Conditions, upon which the Trade continues to be managed there, with the knowledge and approbation of the States-General, and of the Provincials of Holland, are these;

They are at their first arrival, Omnes libros, siquo [...] secum adduxerunt, tradere tenentur. —Insuper exercitiis Christianae Religio­nis omninò abstinere debent praesentibus Iap [...]is, adeò qui­dem ut ne manus complicate ante ci­bum vel post assump­tum audeant: Si in hoc peccaverint, ca­pitale est, imò na­vi mulctarentur. Va­renius ubi supra, l. 1. c. 26. p 193. & lib. 2. de Relig. Japon. c. 11. p 208. faithfully to deli­ver up all the Books which they bring along with them to Japan, (not a Bible, or Prayer-Book, is reserved) which are not to be restored till their departure a­gain. They are to refrain from all manner of out­ward Profession of Christianity in Word or Deed amongst the Japanners; in so much, that it is Death and Confiscation of their Ships and Goods, if they do so much as verbally give God thanks for the Meat they eat, or by any motion of their Hands or Eyes testifie any inclination thereunto. Upon these terms the Emperor permitted them to trade thither; the Conditions were sent into Holland to be approved of there, it being added in the close of the Letter, Quamdiu apud Hollandos ali­quid, quod Christianismum redoleat, peragetur, nihil impetrabunt, quicquid etiam petierint. Id. ibid. p. 210. That if they did make any of the least show, that they were Christians, they should not obtain any favor at the hands of the Emperor. And the Dutch have so exactly submitted to these Conditions, and do so absolutely in word and deeds dissemble their Christianity, that not onely the common people, but the Rulers and Magistrates of Iapan do really believe that they are as perfect Heathens as themselves. Dissimulandam enim eis esse Religionem, & pro Ethnicis quoque haberi à Magistrat [...] Japonensi. Id. ibid. p. 208. What would those Ancient Christians do to these Irreligious Hollanders? What Sentiments would they entertain against these practises, who proceeded so severely against such of their number heretofore, as did (amidst a fierce persecution) deliver up the Sacred Scriptures into the hands of the Paynims? The P [...]gueses refused to [...]de there upon those terms. Which are the best Christians, those Papists, or these Pro­testants? Is i [...] not manifest that the Dutch are hereby ob­liged to deny themselves abso­lutely to be Christians, in case any Japanner doth put suc [...] a Question unto them? With what Zeal would they exterminate these Traditores, these Gnosticks out of the Church, and Sacred Society of Christians? I cannot paral­lel th [...]se Actions with any exorbitancies of the Pri­mitive Hereticks, how detestable soever they were. But it is most manifest, that by their rigor against [Page 4] those Traditores, &c. they would have ejected the Hollanders out of the number of Christians, and anathematised them above any upon record, since the Dutch act that for gain, which no terrours could excuse under a Dioclesian, or Maximianus. Whatsoever may be alledged in behalf of Vin­centius Romeyn and his Associates, In regno Iap [...]nensium, ubi Christi­ana religio interdicta est, [...]gae qui ibi habitant, ex [...]an [...] ▪ to [...]ci [...]tatis Indiae Orientalis ab omni externo cultu abstinere tenentur. Tract. Theologo-polit. c. 4. p. 6. 2. edit. 1670. Hamburg. (if any thing can be said) extends not to the subsequent Tra­ders: and even before the persecution in Iapan, the Hollanders demeaned themselves no other­wise then afterwards, for amongst the mo­tives which induced the Emperour of Iapan to allow them to trade, it is expresly said, That He permitted them this liberty, Cum Hollandi multis jam annis, quibus in Japonià commercia ex­ercuerunt, nunquam de propagan­dá Christian [...] religione quicquam attentaverint, nec de [...] soliciti fuerint — id. ibid. pag. 209. because that during all the precedent years in which they traded thither, He never observed that they intended the propagation of their Religion, or seem­ed at all concerned for it. One would think that any professing Christianity would not demean them­selves thus unworthily: but these men proclaim and publish to the world their impiety, without remorse, or shame. The Director of their Factory there, Francis Caron, printed this in his Description of Iapan, and Varenius upon strict enqui­ry found it to be really true. Their Books were printed at Amsterdam. And let who can, style them Christians, Re­formed Churches, or Protestants, I am sure none can com­municate with such Publicans and Heathens; and had an Hollander been Bishop of Carthage, then Donatisme had been no Schisme. An Hollander! This is the Name of a People that esteem nothing sacred, but their own profit, and live under no obligations of Ho­nour, Morality, or Religion, but Interest. I must ravage over Africk (so fam'd for Monstrous producti­ons) and in the most inhumane parts thereof seek a pa­rallel for these European Monsters: They are not to be ranked amongst the tolerable Paynims: Old Rome would have taught them that there are certain Laws of War, as well as Peace, and those such as cannot be silenced by the noise of Canons: And I will from Athens borrow an Expo­stulation [Page 5] against them. Non esse sibi conque­rendum, quod hosti­lia ab hoste passi fue­rint: esse etenim quaedam belli jura, quae ut facere, ita pati sit fas: sata ex­uri, dirui secta, prae­das hominum peco­rum que agi, misera magis quàm indigna patienti esse: id se queri, quod Philip­pus, qui Romano [...] a­lienigenas & barba­ros voce [...], adeò om­nia, simul divina hu­manaque polluerit, ut priore populatione cum infernis diis, se­cunda cum superis bellum nefarium ges­serit. Livius lib. 31. "We do not complain that being Enemies, they act as Enemies: there are some conditions and laws of war, which may be equitably practised on both sides; to harrasse the fields, plunder Towns, kill, slay, and take Captives, how miserable soever these things be to those that suffer them, yet are they not unjust actions: We do complain that these Netherlanders, who, even in the Treatise which I now animadvert upon, do so highly pre­tend to Piety and Protestancy, should violate all divine and humane Rules of Civility, that they rail instead of fighting, that they attacque us with contumelious language, and ag­gravate their unjust enmity with an insolence that is not to be endured. I am as much perplexed to find out the Rules of their Politicks herein, as I am elsewhere to seek for those of their Religion, seeing that this deportment must needs exaspe­rate all mankind against them, and common humanity obligeth every one to endeavor their extirpation: Provocations of this kind, Injuries of this nature, admit of no composition, and render the most bloody wars to be most just. The indigni­ties done to our King do extend unto all Princes, and be­come Examples of what they universally must expect in time to suffer from the continuance of their High and Mighties: but these affronts particularly and most sensibly touch the sub­jects of the King of Great Britain, and turn their just anger into implacable fury. As the Dutch are to the English, such were the Veientes to the Romans, Sed Veiens hostis as­siduas magis, qua [...] gravis, contumel [...]s saepiùs, quàm peri­culo animos agitabat. Livius lib. 2. c. 48. Livius lib. 5. they were a vexatious ra­ther than terrible enemy, and irritated them more by their contumelies, than their armies: But it is observable, that there never was a fiercer or more cruel war, and the Romans did never testifie so high resentments, as for those indignities: and from such like considerations arose that cautelous advice of Sci­pio Ammiratus and Macchiavell (no Dutchmen) that Men ought to be cautious how they irritate an enemy by contumelious lan­guage and other indignities; Scipio Ammi [...]at. dis­sert. polit. l. 18. disc. 10. Macchiavell. disc. in Livium l. 2. c. 26. since the impressions thereof are more violent and durable in the minds of Men, then what are occasioned by common, and even grievous injuries.

I smiled when I read the High commendations which they bestow upon their Countrey and Government. Oh! the rare situation of it! 'Tis a Canaan; but seated in a Bogge, and [Page 6] overflows with water, instead of Honey. 'Tis a Ca­naan, in which there are many Iews, but scarce one Israe­lite without guile. No Espials yet have informed me of those prodigious Grapes, such as the Israelitish discoverers met with in Canaan; and these cheating Hollanders obtrude up­on us Turneps for Pomegranates. Yet do they as­sure us their Land is a true Canaan: but 'tis more true, which they adde, That 'tis a Land of Promise; for all Europe and the East-Indies do complain there is nothing of performances there. They magnifie their excellent Govern­ment; which is an Anarchy: they subsist not by any wise reiglement, but combination of interest, and sense of common danger. The Provincial States of Holland and West-Friesland demonstrate this in their Declara­tion printed at Ley­den in 1654. They have been an hundred times in danger of a total rupture; each Province is soveraigne and independent of the rest, and can send Embassies, contract Leagues, and other­wise negotiate with foreign Princes, without the privity of the others: never was there Sheaf of Arrows so ill made up into a bundle. Their Liberty (whereof they boast) consists in paying more Taxes then any Prince in the world exacts: and in be [...]ng subjected to the most Arbitrary proceedings as to Life, exile, and imprisonment, that ever I read of: and if I am deceived, Grotius in his Apologetic (who suffered there­by, with many others) deluded me into that sentiment. But though these Canaanites do live under an ill Government, in a bad Countrey, upon Pickled Herrings, Groot, Butter, and Cheese; yet they enjoy for their souls, that immortal part, as much as from God they can desire, namely the food of his word, which nourisheth them to life eternal. — And this is the Celestial diet of all the Iews, Socinians, Anabaptists, Papists, &c. that a bound there. The States General have nothing to do with Religion: the several Provinces, and Towns can onely intermeddle therewith; and that they so do, that the Ecclesiastics can neither preach otherwise than what the Magistrates please, nor exercise any Church-Discipline as they ought. Upon these Terms the Ministers are Pa­stours, and feed them with heavenly food ▪ being servants rather of the Burgomasters and of Mammon, than God. Were our Nonconformists there imployed they would find it unlaw­ [...]ul to [...] the [...] Minist [...]rii [...]vangelici, and they [Page 7] would be banished should they discourse there about the duty of Magistrats, See the Apology of Ol­den barnavelt printed in English in 161 [...]. and power of Ministers, as they do in Eng­land. These Zealous Protestants have declared that 'twas indifferent to them what Religion any Province or City were of, so they would but Vnite with them. The League at Vtrecht (which is the foundation of their Vnion) doth run thus, Grotius Apologet. c▪ 2. and Grotius shall justifie all I say. They say, They have alwayes highly interessed themselves in the friendship of His Majesty: And to preserve his friendship, they made all those ignomini­ous Pictures, Medals, and Monuments; they refused him the Honour of the Flagge, and informed His Majesty, That the Dominion of the Sea is an Usurpation, and that upon God Almighty; to whom alone this State attributes it. They say, Their great interest consists in the peace and tran­quility of Christendome. Oh! happy interest of a Christian State. — I believe their interest now consists in the peace of Christendome; because that war menaceth them, which they would have turned upon England; and I believe they did not swerve from their interest, when they formerly sow­ed divisions betwixt the Swedes and Danes, and other Ger­man Princes; and of late endeavored to embroil all Europe in wars, thereby to counterpoise France. I might reflect up­on their confining their interest to the peace of Christendome; whereas they place it otherwise in the East-Indies, embroil­ing those parts as much as they can in wars, and destroying our Merchants upon all occasions: But it is very observable, that the real interest of these most amicable Dutch, consists in Europe, in doing all those things which may justly incense Princes to make war upon them, and yet in cajolling them into a tame and dishonourable acquiescence.

Such passages as these, I confesse did adde to my divertise­ment upon the reading▪ but a different passion seised when I met with those insolent expressions with which they affront our Soveraigne, who not onely by reason of his personal ex­cellencies, but by the right of his English Crown, is ranked amongst the Reges superillustres. Corsettus. Had His Majesty been of a lesser quality, yet since his Ancestors have by their favor, protection, and vast expence of Men and Money, raised the Dutch into a Republick, ordinary Gratitude might have en­gaged [Page 8] them to civiler Language. To give the Lye to any Man, is reputed a just cause of quarrel; and if we allow Princes but equal concerns for their Honor, this alone authen­ticates the War. They charge Him with Injustice, Dissimu­lation, and Piracy: They call His Courtiers a company of Stupid Fellows, and say, His Majesty can as little adhere to Reason, as with reasonable offers He will be satisfied. They say, That the War hath no other Prospect, then the Limits of an unlimited Ambition, endless Covetousness, and a Spirit of Revenge not to be glutted. That His Mind is mis­led and obnubilated with a desire of War, the most accursed and unruly of all desires. That His Declaration contains plain untruths, malicious interpretations, and gross impertinencies. That no Precedents of Violated Faith, out of any Chronicles can be produced, which in this case can parallel the example of the said King.

These, and many other such like Passages, occur frequently in this Treatise: I should not have presumed to repeat them, but that I am confident they will be efficacious to animate All the Subjects of His Majesty to vindicate the Honor of their injur'd Prince, especially when they shall understand how undeservedly He is aspersed by these ignoble, ingrateful, ar­rogant and perfidious Netherlanders. Behold, how un­fortunate His Majesty is to contend with a mean and ungene­rous Adversary! How Civil and Prince-like was the King of Great Britain in His Declaration! What was there that could exasperate, besides the Truth of his Allegations? Let any Man impartially consider the Motives whereupon His Majesty proceeds; let him forget himself a little while that he is a Subject, thereby to judge the better of the Actions of His Soveraign, and I am assured he will concur with me in opinion, That the present War with the Dutch, is Honorable, Iust, and Necessary: And consequently, if His Majesties loving Subjects do value, either their Alle­giance to their King, (which is not to be doubted) or the Honor and Prosperity of the Nation, and of each particular Member thereof (all being involved in this contest, and de­pending upon the issue of it) they will unanimously assist His Majesty in the present juncture, as far as their Prayers, Lives, and Fortunes can advantage Him.

[Page 9]I acknowledge my self to have been of the number of those, who by reason of their ignorance of private Negotia­tions, and the Real transactions of State; together with that Epidemical jealousie of Court-designs, did believe that this War was needless, and unseasonable: That it was projected by some Courtiers, and others, who sought to advantage themselves by the Publick Calamities, or by Pensions from the Crown of France; that the Dutch were so humble and sub­missive, that it was our obstinacy to refuse all satisfaction, not any perversness and pride in them so as to deny us any: I was jealous of the groweth of Popery, and thought it to be the interest of this Kingdom, not to weaken or destroy a Republick pretending to Protestancy, and for the erection whereof so many of our Progenitors had hazarded and lost their lives. I brought with me all those surmises and misapprehensions which any Netherlander or English Male-content could wish infused into me: But when I came to a better intelligence concerning affairs; when I had seriously inquired into the Transactions betwixt the Dutch and Vs, how condescending His Majesty had been, and with what insolence the Netherlanders had de­ported themselves; when I found the reality of His Majesties pretensions, and that the Declaration was so penned, that the contents were capable of much higher aggravations, but no way to be extenuated or invalidated: Then did I begin detest the petulant humor of this age, whereby every one is prone to examine the actions, and censure the prudence of his Go­vernors, without understanding the prospect those elevated spirits have concerning such affairs, or the grounds and circumstan­ces by which they regulate their Councils; and most common­ly We not being able to determine of matters, were every punctilio and intrigue represented unto us. I thought the times happy, when men employed themselves in other Dis­courses, and practised obedience, Ludovic. Molina. de justit. tract. 2. Disp. 112. Francis. à Victo­ria, Relect. 6. de jure Belli num. 25. A [...] ­sius de Cas. Con­scient. l 5. c 33. sect. 17. Vir justus, si forte sub rege homine etiam sacrilego militet, rectè potest illo jubent [...] bellare, si, quod sibi jubetur, vel non esse contra Dei praeceptum certum est, vel utrum sit certum non est: [...] ut fortasse reum faciat regem iniquitas imperandi, innocentem autem militem ostendat ordo serv [...]nd [...] S. A [...] ­gustin. contra Eaustum. rather then disputes: When they believed that prudent and solid doctrine of the Casuistical Divines: That it was onely for the Counsell [...]rs of Kings to debate and examine the utility and prejudices, the justice and [Page 10] injustice of Wars; the other subjects not being to expect an ample account of all the Motives and Inducements by which their King is swayed, nor to be so infatuated, as to think they can debate or decide such matters, without any better cognisance then what ariseth from a vulgar Brain, a narrow prospect of things, and popular Reports and Suggestions: But to presume so well of their Superiors, as to imagine they understand what is right or wrong, honorable and dishonorable, advantagious and inutile; and that they have so much of common sense as to un­derstand, that the welfare of the people is the grand interest of the Prince, and that the King is the greatest sufferer in the rui­nating of his Kingdoms.

To the end that others may be undeceived, as well as my self, and fortified against all mis-apprehensions, which either their own ignorance, or the clandestine Artifices of these in­grateful and most malicious Netherlanders may subject them unto, I shall represent unto the World, the most important passages, whereby they endeavor to elude or refute the most just and sincere Declaration of His Majesty, and evince unto the most suspicious or prejudicate Persons, that it is incumbent upon the Subjects of His Majesty, and there is an unavoid­able necessity of reducing these insolent and treacherous Dutch­men into such a posture, as they may not onely pay their due submissions (with reparations of honor) unto our King; but be obliged to continue them for the future. They are a Na­tion, with whom no League can take effect any longer then their advantage leads them thereunto, or want of strength and opportunity doth restrain them: It is impossible for any Civilian to fetter them by a Treaty: If they cannot evade it by equivocations, mental reservations, common elusions, and such artifices as become not Soveraigners; These Hollanders will impudently deny all such matters as enterfere with their designs, and supply the injustice of their actions by violence and fraud. They have no Honor to loose, no Conscience to stain, no certain Principles to recede from. The Tartars and Moors prove the sincerer Confederates, and Humanity it self is concerned, that there should not be any longer upon Earth so fatal an instance, that there are not in Men naturally such seeds of Morality, such inclinations to civil Society, such [Page 11] Laws of Nature and of Nations, as those Authors teach us who never thorowly understood an Hollander. I might give evident proofs of this so heinous a charge several ways, but I shall confine my discourse to what these Dutch con­siderations lead me unto; and it is from thence, that I will manifest to the most ordinary capacities, and the most pre­possessed judgments, that these Adversaries are not injured by this Character; and to make the case more plain, I will write their words.

I shall not blame the Considerer for reflecting upon the Mercies of God, extended towards his Countrey men. I co [...] ­mend the least sense of Religion in him, but I have most suspi­cious thoughts concerning Piety in an Hollander: And I believe every Englishman will approve this jealousie to be just, seeing, All this specious preamble is made use of to no other end, then to evade all acknowledgments to Queen Elizabeth, and the English Monarchy. It is not the pleasure of the Almigh­ty, that subordinate means and instruments should be depri­ved of their proper Elogies. He by his Providence appoint­ed means; He by his Sovereign will, doth prosper or frustrate them; yet so that the divine interposition doth not usually de­rogate from the efficacy of second causes, or exclude us from confessing their concurrence. Whosoever shall reflect upon the Ambitious designs joyned with the extraordinary power of Spain in those days: The intentions of that Monarchy to reduce the Belgick Provinces under a more absolute obedi­ence than the Brabantine Constitutions consisted with; the ob­stinate humour of the Dutch in adhearing to their Priviledges, how irrational soever; Also the apprehensions which France, Germany and England, had concerning the excessive growth of the Spanish and Austrian power, such a Considerer will not admire so very much, that the rebellion of the Vnited Netherlands did continue so long, and succeed so well; nor [Page 14] discover such an extraordinary series of providences in the e­rection of their Republique: And the most partial men must grant, that 'tis a most fallacious way of reasoning, to argue from the happiness of the event unto the justice of the cause, or peculiar favour of the divine Authour: There is not any thing in this Dutch suggestion which might not have been more rationally alledged by a Goth, or Mahometan, since the juncture where in those Monarchies advanced themselves, was attended with less favourable circumstances than I can observe in the revolutions of the Netherlands: But I am confident no Goth, or Sarracen would have so entitled to God the origi­nal of their successes, as to exclude the intermediatt assistan­ces which they received from others at any time. Such in­gratitude is singular in the Netherlanders; and all this impudent harangue hath no other tendency, then to elude the obligations which that unworthy people have to Q. Elizabeth and the Royal Progenitors of His Majesty. Here is no mention made of any protection or aid given them by the English Queen; but one Action related, which as it seemingly car­ries with it somewhat of unkindness, so it is insinuated meerly to this end, that they may alienate the people from a Reve­rence and regard for our Nation. It is not to be denied that Q. Elizabeth did contribute much to the first support of these Dutch, giving them reception here in England, when the fury of the D. of Alva enforced them as exiles to seek an habitation in forreign Countries: this most gracious Queen compassionated their miseries, and gave multitudes of them leave to fix at Norwich, A. E. M [...]eran. Hi­stor. Belg. l. 3. Carab­den. Hist. Elizab. ad ann. 1568. Colchester, Sandwich, Maydstone, and Southampton A. D. 1568. Here the exiles had the ad­vantage of a quiet life, and the opportunity of pursuing their designs in order to the regaining of their Countrey. Nor was it a small favour to the Prince of Orange and his Parti­sans, that when they were ready to sink under their losses in Friezeland and elsewhere, this Queen seised upon two hun­dred thousand Pistols of Gold, which were transporting from Spain to the D. of Alva; the detaining whereof as it was a great disappointment to the Duke (who stood in great need of it for the reinforcing of his designs) so it begat great ani­mosities betwixt the Queen and Him, the Merchants Ships [Page 15] on each side were seised upon, Letters of Reprisall granted, and the English estranged from the Spanish Netherlands, by the translation of our Staple from Antwerp to Hambourgh. It is manifest that our Queen did by that action, and by the hosti­lities and contrivances of a new Trade, which ensued thereup­on, contribute effectually to the fomenting of the Netherlandish discontents, the D. of Alva was diverted from prosecuting the Gheusians with his former violence, his subjects were exasperated by the dammage of the English Trade, the En­glish were (by the removal of our Staple) dis-engaged from all dependance on the Spaniards there by way of Commerce, and inclined to abett and assist the distressed followers of the Prince of Orange. And if the Dutch will not acknowledge these actions for a great assistance and courtesie to them, the Spa­nish Embassador De-speci, in his Remonstrance said, they proceed­ed from some that bare no good will to the Spaniard, Cambden. Hist. Elizab. ad ann. 1569. and favoured the Rebels of the Netherlands. After this, the distressed Nether­landers betook themselves to practise piracy at Sea upon the Spaniards, under the command of the Prince of Orange, but were immediately under the conduct of William Earle Van­der Marck and others, and the Queen (notwihstanding that She was resetled in a good correspondence and league with the Spaniards) did permit them by connivence, the free use of her Ports every where throughout England, A. [...]. Meteraen. lib. 3. ad ann. 1571. E. G [...]imston. History of the Netherland, lib. 9. A. D. 1571. Franc. Ha [...]s Annal. ducum Braban [...]. [...]om. 3. ad ann. 1572. so as that they provided themselves here with Victuals and Munition up­on all occasions, and here they usually vended their prizes, which they took upon the Vly, Texel, and the Ems. By which means these exiles sustained themselves well (the Prince of Orange receiving the Tenths or Fifths of their Prizes,) gave much trouble to the Duke of Alva, continued those discontents in their partisans, which otherwise would, in all probability, have been extinguished, by reason of the power and terror of the Spaniards, and the weak and declined con­dition of the exiled Prince of Orange. I would willingly un­derstand from any ingenuous persons, whether these actions did not highly contribute to the erection of this Republick; and might not as well have been thankfully acknowledged, as the subsequent decree of Queen Elizabeth is most ingratefully mentioned. Viz. That William Earl of Marck, Lord [Page 16] of Lumè, Admiral of the Prince of Orange's Navy, was by a strict command from the Queen of England, denied liberty to stay in her Countrey, and also refused to supply his Seamen with neces­saries; whereupon ensued the taking of Brill, as is specified —. The insinuation of this Edict is malici­ously urged here, thereby to extenuate the favors of the English Nation: The Queen was engaged by Articles, not to entertain openly any Rebels unto the Crown of Spain; She could not harbour them any longer without a rupture with that potent Monarch; and She was unwilling to involve Her self in so great a War, for so weak Confederates. Whereup­on She by a strict Proclamation did forbid them the use of Her Ports, and that Her subjects should sell them any Provi­sions, after a certain time, which was March. Whereupon they were necessitated to depart, and seek some other recep­tacle, and Providence cast them upon Brill. But had not the Queen harbored them, A. [...]. M [...]teran. l. 3. ad An. 157 [...]. Fr. H [...]. ad An. 1572. How had they ever imbodied themselves, or encreased to the strength of Forty Sail of Ships, most of them Fly-boats, wherewith they possessed themselves of Brill, and took two rich Ships by the way? No sooner was Brill taken, but Flushing in Zealand, and some other Towns revolted to the Prince of Orange; yet were his forces so small (though joyned with those of Vander Marck) as not to be able to subsist against the Spaniards; but that the Queen permitted multitudes of English to repair thither; The first that went, was Sir Thomas Morgan, Cambdens History of Queen Elizabeth, ad An. 1572. A. E. Meteren. lib. 4. ad An. 1572. who carried over Three hundred Men to Flushing, the report of whose coming, is said to have stayed the D. of Alva, when he was in a readiness to recover that Town. Afterwards, through the procurement of Morgan, arrived there Nine Companies of English, under Sir Humphrey Gilbert. With these aids, and other Auxiliaries from France, though the Prince of Orange atchieved great things, and re­duced many Towns in Holland and Zealand unto his party, yet such was their distress, A. E. Met [...]ra [...]. ad An. 1575. E. Grim­ston: lib. 10. ad An. 1575. that An. Dom. 1575. they entred into a debate of putting themselves under the Protection of some Foreign Prince; least through want of Money, and of Soldiers, and also the fickle inclinations of a discontented popu­lace, they should suddenly fall under the power of the Enemy.

[Page 17]And in the name of the States of Holland and Zeland, and Prince of Orange, was an Embassy sent into England, to of­fer unto the Queen, not only what was agreeable to equity, reason, Fr. H [...]raeus ad an. 1 [...]75. Cambden hist. of Queen Elizabeth ad an. 1575. and religion, but to the exigency of their condition, and what self preservation and extream necessity prompted them unto. The Commission of the Embassadors was, either to make a League with the Queen, or to submit themselves un­der her Protection; or (if necessity required it) to acknow­ledge her for their Princess and Soveraign Lady, issued from the Earls of Holland and Zeland, by the Lady Philip, Daughter to William the third of that Name, Earl of He­nault and Holland, &c. The Queen thanked them for their good will towards her, but fearing the enmity of Spain, the envy of France, and the charge of the War; as also not being satisfied, how she might with her honour, and a safe conscience, receive those offered Provinces into her protection, much less possession, she declined the Overture, yet promised to intercede for them with Spain, and in the mean space gave them leave to raise what Souldiers they could in England, A. E. Meteran. lib. 5. ad an. 1575. E. Grim­ston. lib. 10. ad an. 1575. either from out of the English, Scots, or exiled Netherlanders, and to furnish themselves with what provisions and Ammu­nitien they wanted, and to transport them. Notwithstand­ing this transcendent favour of the Queen's, the ingrateful Zelanders the next year affronted her Majesty, and seised up­on sundry of her Merchants Ships upon various pretences, whereupon she was so incensed, A. E. Meteran. lib. 5. ad an. 1576. Cambden. Hist. of Q. Eliz. ad an. 1576. that there had been an ab­solute difference betwixt them▪ had not the Prince of Orange prudently composed all. After this, when Don Iohn became Governour of the Netherlan [...], and withall aspired to marry the Queen of Scots, A. E. Meteran. lib. 7. ad an. 1577. and render himself King of England, the Queen enters into a more strict League and confederacy with them, to aid them with men and money; and 'twas at her charge principally, Id ibid. lib. 8. ad an. 1578. Cambden ad an. 1578. that Prince Casimire came to their aid with a German Army: And out of England there went over the Seas to them, the Lord North's eldest Son, Iohn North; the Lord Norris's second Son, Iohn Norris; Henry Cavendish and Thomas Morgan Colonels, with very many Voluntiers; and, after that the Germans mutinously deserted the States, Cambden ad an. 1579. the Queen furnished them readily with a great [Page 18] sum of money, the ancient Jewels and rich Plate of the House of Burgundy being [...]ed unto her for it. After this, for several years the [...]erlands cast themselves under Arch-Duke Matthia [...] Duke of Anjou, but with so ill success, Auraico principe Bel­garum Gubernatore jam interfecto, multis urb­bus ab hoste captis, & Fran [...]i [...]o auxilio, in­stinct [...] h [...]stium, negato, rebus (que) fe [...]e desperatis. A E. M [...]r [...]n. lib. 13. ad an. 1585. that they found themselves not able to continue long, Antwerp and sundry other places being ta­ken, and William Prince of Orange murdered, the French King not being able or willing to receive the Soveraignty of those Provinces, so that they determined by a solemn Em­bassy to tender her Majesty the entire Dominion and Principa­lity of the Netherlands: They had treated with her before by I. Ortelius about protection, Vide deduct. Ordin. Holland. West-Frisiaeq: &c. p. 228. edit. Ley­dnes. A. d. 1554. but the Queen refused to espouse their quarrel, except she might have cautionary Towns, that her expences might be repaid at the end of the War. But now that the desperate condition of their Affairs made any terms to be prudential, Non sine metu in po­sterum, quem tunc prae­sens necessitas averterat. Glotius Annal. l. 5. they resolved to subject themselves unto her, or contract any League for protection which she would enjoin them. Upon the sixth of Iuly 1585. their Deputies came to London, which were these. For Brabant (although, by reason of the Siege of Antwerp, not fully authorised) was sent Iacques de Grise chief Bailiff of Bruges; A E. Meteran. lib. 13. ad an. 1585. E. Grim­ston l. 12. ad an. 1585. for Guelderland was Rutgert van Harsolt, Bur­gomaster of Harderwick; for Flanders (although likewise not fully authorised) Noel Caron, Seignior of Schoonwall, Burgomaster of Franc, for Holland and Friseland, was Iohn Vander Does, Lord of Noortwick; and Ioos Van Menin Coun­sellor of the Town of Dort, and Iohn van Oldenbarnevelt Counsellor of the Town of Rotterdam; Doctor Francis Maelson, Counsellour of the Town of En [...]khuysen, for Ze­land, was Iacob Valck, a Civil Lawyer, and one of the Council of State: for Vtrecht, was Paul Buys Doctor; for Friseland, was Ielgher van Seytzma, Counsellor of State; Hessel Aysma President, and Laest Ioughema: They were kindly received by the Queen, and nobly feasted at her cost, upon the ninth of Iuly they were brought to their Audience at Greenwich; the Audience was most solemn and publick, the Queen being seated on her royal Throne, and all the Privy Council attending on each hand of her Majesty. The Depu­ties being introduced, fell upon their knees before the Throne [Page 19] of the Queen, and Ioos Van Menin, with great reverence and submission, made an Oration to her in the name of the Distressed States of the United Netherlands, unto this purpose.

That the States of the United Netherlands Provinces humbly thanked her Majesty for the honourable and many Fa­vours, The Dutch at their re­turn, did coyn Medails of Copper, in memory of this Audience, and the Protection which Queen Elizabeth af­forded unto them. I received two of these from Elias Ashmole Esq Windsor Herald. which it had pleased her to shew unto them amidst their extreme necessities, having not long since received the testimo­nies of her Princely clemency, when after the cruel Murther of the Prince of Orange, it pleased her Majesty, by her Ambassador Mr. Davidson, to signifie unto them, the great care she had for their defence and preservation; and after that again by the A Lord of Grise, by whom she let them understand, how much she was discontended to see them frustrated of their expectations. reposed upon the hope they had in the Treaty with France: adding, that, nevertheless, her Majesties care for the support of the Netherlands, was rather augmented than diminished, by reason of the difficulties which multiplied upon them: For the which, not only the Provinces in general, but every particular person therein, should rest bound unto her Majesty for ever, and labour to repay so transcendant obligations by all pos [...]ble fide­lity and obedience. And therefore the Estates aforesaid, ob­serving that since the death of the Prince of Orange, they had lost many of their Forts and good Towns, and that▪ for the de­fence of the said United Netherlands, they had great need of a Soveraign Prince, who might protect and defend them from the insolencies and oppressions of the Spaniards, and their Ad­herents, who sought daily more and more all the means they could, with their Forces and other sinister Practices, to spoil and utterly root up the foundation of the aforesaid Netherlands, and thereby to bring the [...]oor af [...]icted people of the same into perpe­tual bondage, and worse than Indian slavery, under the insup­portable yoke of the most exeerable Inquisition. Finding like­wise, that the Inhabitants of the said Netherlands were per­swaded, and had assured confidence, that her Majesty out of her Princely inclination, would not endure to see them utterly over­thrown, as their Enemies expected by molesting them with long, unjust, and bloody Wars, the which the Estates (according to their duties, and in respect of their places, in the behalf of [Page 20] their Fellows and Brethren) were forced to withstand, and, as much as in them lay, oppose themselves against the manifest sla­very, which they thought to impose upon the poor Common-people, and by their best endeavours [...]o maintain their ancient Free­doms, Laws, and Priviledges, with the exercise of the true Christian Religion ( whereof her Majesty truly and by good right did bear the Title of Defendress) against the which the E­nemy and all his Adherents had f [...]rmed so many Leagues, attem­pted so many fearful and deceitful Enterprises and Treasons, and yet cease not daily to invent, practise, and devise the destru­ction of her Majesties Royal Person, together with her Estate and Kingdoms; which the Almighty God under the protection of his everlasting goodness, hitherto hath preserved from all dangers for the good and upholding of the Church of Christ here upon earth. For these reasons, and many other good conside­rations, the Estates aforesaid, with one full and free consent, had altogether determined, and fully resolved to flye unto her Majesty, in regard it is an usual thing for all oppressed and distressed people and Nations, in their great distress and ne­cessity to seek just aid and assistance against their Enemies, from Kings and Princes their Neighbours, and especially from those that were endued with courage, fear of God, uprightness of heart, and other Princely Ornaments: and to that end, the Estates aforesaid had enjoyned and commanded them to beséech her Majesty to accept of the Soveraignty and Supreme Domi­nion over the said United Provinces, upon certain and reaso­nable Conditions, especially tending to the upholding, maintain­ing, and furtherance of Gods true Religion, and the ancient Freedoms and Priviledges to them due and belonging, together with the government and managing of the Wars, Policy, and Iustice of the said Vnited Provinces of the Netherlands. And although the said Netherlands had endured divers losses, and that many of their Towns and Forts had been won from them by the Enemy, during these Wars: nevertheless in Brabant, Guelderland, Flanders, Macklin, and Overissel, there were yet many good Towns and places that held out against the Ene­my, and the Provinces of Holland, Zeland, Utrecht, and Friz­land, were by Gods-grace and wonderful providence still kept and preserved in their whole and entire possessions, wherein they [Page]

[Page]

[Page] [Page 21] had many great and strong Towns and Places-fair Rivers, Deeps & havens, whereof her Majesty and her successors, might have good Commodities, Services, and Profit, whereof it were needless to make any longer discourse; but one in special, That by Vni­ting the Countries of Holland, Zeland, Utrecht, and Frizland, the Towns of Ostend and Seluse, unto her Majesties King­doms and Dominions, she might have the full and absolute Dominion over the great Ocean, and procure unto the subjects of her Majesty perpetual and most assured safe [...]y together with their prosperity.

They did therefore most humbly beseech her Royal Majesty to vouchsafe, out of her Royal favour and Princely bounty, to yield to the foresaid points of their Request, and so to accept for her, and her lawful Heirs, or Successors in the Crown of England, Defenders of the true Christian Religion, the Sove­raign Rights, Principality, and Dominion of the said Ne­therlands; and in regard thereof to reecive the Inhabitants thereof, as her Majesties most humble and obedient Subjects and Vassals, into her perpetual Safeguard and Protection: a People as true, faithful, and loving to their Princes and Go­vernours (without vai [...] boasting be it spoken) as any other in Christendom. And so doing, she should preserve and protect many fair Churches, which it had pleased Almighty God in these latter days, to gather together in several of the said Pro­vinces, being now in many places, being now in great fear, pe­ril, and danger: and to deliver the Netherlands and the In­habitants thereof from miserable thraldom, who ( not long be­fore the wicked and hostile Invasions of the Spaniards) were so rich and flourishing in all sorts of wealth, by reason of the great Commodities of the Sea, Havens, Rivers, Traffick, manual Trades and Occupations, whereunto they are much given, and naturally inclined. She should likewise preserve them from utter destruction and perpetual slavery both of Body and Soul, and so effect a right Princely and most Royal work pleasing to God, profitable for all Christendom, worthy of eternal praise and glory, and sitting well with the Magnanimity [...]d other Royal Vertues of her Majesty, as also most advantagious to the security and welfare of her particular Subjects.

This being said, They presented their Articles unto her [Page 22] Majesty with the greatest humility imaginable; beseeching God, who is the King of Kings, to defend, protect, and pre­serve her from all her Enemies, to the increase of her Ho­nour and Greatness, and perpetually to keep her in his holy protection and safeguard.

The Queen heard them graciously, and received their Overtures with very obliging acknowledgments; the Deputies, kissing her Royal hands, retired with much satis­faction, and her Majesty was no less pleased with the honour of that day's Audience: For albeit that the King of France had the first tender of their Soveraignty, yet neither was it made with such submission and deference as to her Majesty, neither was the tender so absolute then as now; The Depu­ties to France were sent indeed with a general pretence and declaration of surrendring up the Dominion of the Nether­lands to that Crown, but they had separate instructions from their several Principals (the which they never imparted one to the other, but kept secret) with different procurations. The Deputies of Brabant, De [...]a [...]a [...] O [...]d [...]. H [...]l­land. & We [...] [...] ­der. [...]dit. A. D. 1651. post 1. cap. [...]. [...] Flanders, Zeland, and M [...]chlin, were enjoined to finish the Negotiation upon any terms they could get, so as that Religion and general priviledges were confirm­ed unto them: Whereas Holland and Vtrecht had so limi­ted their Deputies, that they were to insist upon better terms, and rather not to come up to the general Instructi­ons of the States, I [...] ca. 5. sect. 22.28. Cum [...] lustris, illa legatio ex singulis Provinciis, [...] 1 [...]85. instituere­tur, ut Regi Galliarum sum [...] um Belgii offerretu [...] Imporium, Pro­vinciae Br [...]antiae, Geltriae, Flan­driae, Zeland [...]ae, Me [...]hliniae, suis delegatis, mandato suarum pro­vinciarum, at (que) particulari in­structione injunxerant, ut multo liberaliorem quàm à foede [...]at [...] constitutum e [...]at [...], Regi offerrent: [...] vice versa Hollandia & [...] Deputatis hoc man­daverant, ut [...] liberales es­s [...]nt [...] conditioni [...] [...] foederatis visum [...] — Geldri, Zelandi [...] except [...] religione & [...]; omnia Regi Galliae [...], quo fac [...]s pax expediri posset, [...] proceres [...] obligallent, jure [...] se non usuros esse. than to exceed them. I do not read of any such difference in the Procurations sent over hither, neither do I find any reason to believe there were any such: the Queen for several weigh­ty reasons, declined to take upon Her the Soveraignty or perpetual protection of the Netherlands; yet did She consent to enter into a League with them, to aid them with 5000 Foot and 1000 Horse, and to pay them during the War; which the Estates were to repay, when a peace should be concluded. In the mean time Flyssing, and the Castle of Ramm [...]kins [Page 23] in Waleheren, A. E. M [...]terin. lib. 13. ad an. 1585. E Gran­ston l. 12. ad an. 1555. and the Isle of Brill, with the City and two Forts, were to be delivered into the Queens hands, to be kept by her Garrisons for caution. The Governour General, and two Englishmen, whom the Queen should name, should be admitted into the Council of Estates, &c. The confederacy was finished upon the tenth of August; and accordingly Sir Iohn Norris was sent over with some Souldiers. The Earl of Leicester followed as General of her Ma­jesties Forces: The Netherlanders received him with more honour, and conferred on him more power than the Queen approved of. They made him General of all their Forces, State-Holder and Governour of all their Provinces, invested him with all that power which Charles V. used to commission his Governours with. The Queen reproved the Earl of Leicester for accepting of such power, and the States for giving it to him. But the Earl soon found himself deceived by these Netherlanders, for, notwithstanding that they had chosen him to be their Go­vernour in so solemn a manner, and sworn, themselves, and the Souldiers, obedience to him, yet they pretend to rule him, model sometimes, sometimes oppose his Orders and Constitutions. Insomuch that the Earl found that he should have but a Titular Government, being subject to the Com­mands and Authority of those pitiful States and ordinary Burgomasters; whereupon he relinquished the Government, proclaiming (even in Medails) the Ingratitude of those Fel­lows. Let them make what complaints they please against his deportment there; it is certain, that All the Clergie adhe­red unto him, Nunquid non Hollando­ [...], Zelandor uni (que) [...] & prudentia, Deo [...]; vi [...] Ordin. [...]. part 2. [...], 6. 9 [...]2. and regretted his departure: The Souldiers did mutiny in his behalf; Vtrecht and Frizland (besides other Provinces and Towns) did solicite for his return: and I find that all the clamour against that Earl did arise from the Province of Holland, and some Zelanders only; as they them­selves boast in a Remonstrance against the other Provinces. To invalidate that Power, which they had so publickly given him, Holland, a Province always branded for Faction and Ingratitude, having advantaged themselves much by the credit of the assistance, more by the Auxiliaries of the English, began to think it unfitting, that (according to the Articles) [Page 24] the English should be privy to the secret transactions of the Council of State, and by the advice of Oldenbarnvelt, they found out an Evasion, not daring openly to violate the Trea­ty, nor to infuse jealousie into the Queen, by holding Clande­stine Cabals; and 'twas this: that only ordinary mat­ters, and such as the English might know, should be dis­patched in the Council of State; but that another Assembly should be formed, Disquisitione; politic. Hag [...]e com [...] ▪ edit. 3. A. D. 1655. Cas. 21. termed the Convention of the States Gene­ral, unto which they should draw all matters of importance, and which required secrecy, under the pretence that the Council of State had so much business already, as not to be able to dispatch the other. Thus early did they abuse the favours of Queen Elizabeth, and by this illusion did they lay the foundation of their H [...]h and Migh [...]ies. It is evident, that during the whole Reign of Queen Elizabeth, they were never faithful to the League; they treated with France, and ayded that King, without the Queens knowledge, which was a breach of the League. And whereas by the express words of the Articles, The Queen was to conduct them to, and settle them in a firm Peace; and this being done by her mean [...], the money was to be repaid: She never could prevail with them to come to a Treaty, much less any accord, but they had the impudence to solicite her to continue her aids to a War which they never purposed to end, it proving so beneficial to them. When the Queen urged, that by the Treaty, she was to be Arbitress of War and Peace: they evaded it by say­ing, those expressions were but Complemental, Conceptum quidem sie erat, sed verba [...]neri data. Grotius hist. Belgic. l. 5. and argued their respects to her, not their dependence on her judgment. I find them upon their knees again, and beseeching her m [...]st humbly, that she would not conclude a Peace with Spain, A. D. 1598. And this Grotius saith was done, Qui Angliam ierant Legati, flexo genu in morem ei [...]s regiae, c [...]m priorum gratias lib [...]r [...]liter egissent— Grotius hist. l. 7. because it is the cu­stom of the English Court to petition the King in that suppliant posture: but certainly this usage ex­tends not to the Ambassadours of their High and Mighties. But, in the same year, when they thought that Queen Elizabeth might stand in some need of their friendship, Auda [...]iam usurpantes ant [...]hac formidatam, se [...]m [...]nem ita in­stituerent. Grotius hist. l. 7. whether they bended their knees unto her Majesty, I cannot find, but I read [Page 25] that they dealt with Her, not as formerly, but with more arrogant language. Id primores Angli ita interpretabantur: ni­hil iniquius quàm frau­dare reginam credito, modò per cavillationes, modò per falsas preces, quas pala [...] urbium o­palentia, & ad largiri­ones us (que) sufficiens a­rarium refellere [...]t. Gro­tius hist. l. 7. The English Court did then look upon the Hollanders as notorious Cheats, who pretended poverty, and had Collections here, when the splendour and growing opu­lency of their Towns (besides the vast Bribes which their Treasury could spare occasionally) were demonstrations of their Riches: that they declined to repay the Queen her mo­nies, not because they could not do it, but that they might tye her unto their fortune and assistance, by the hopes of a re-im­bursement of those vast Sums which She had expended for them: Her constant Charge being above one hundred and twenty thousand pounds each year: Cambden ad an. 1598. and it is not to be doubted, but that She would have reduced them by force to a better ob­servance of Articles, and punished them for their fraudulent dealings with Her, but that She prudently foresaw that France to depress Her, and Spain, to ruine Her and disable France, were ready to assist and protect them.

In fine, the Histories I have read do seem to demonstrate this, that the Dutch were a most ingrateful people towards Queen Elizabeth, that they never rendred her any Service ▪ but when it was to their proper advantage: all their preten­sions to Religion contained little of reallity, and their acknow­ledgments were but verbal, and consisted principally in extra­ordinary submission and deference, which prevailed much upon the spirit of Her, who was a Woman, and had much of Haugtiness. When she first undertook publickly to aid them, the chief inducement thereunto was not the Necessity of her Affairs, not the concern for the Protestant Religion (for She advised them to be very cautious, how they changed their Religion) but a Feminine Hum [...]ur carried away by their flatteries and humble applications, Monen▪ ne Romanae re­ligionis poss [...]ssionem te­mere moverent. Grotius hist. l. 3. and delighting to see greater submissions paid to Her, than to the King of France, by the King of Spain's Subjects. No sooner had She con­cluded upon an open amity with them, but the Zelanders tri­umphing with joy (and to honour Her) did stamp money with the Arms of Zeland, A. E. Meteran. l. [...]3▪ ad an. 1385 Cambden, ad an. 1585. Franc Ha­rae [...] annal. ad an. 1585▪ viz. a Lyon arising out of the waves, and this inscription, Luctor & emergo, that is, I strug­gle and get above water, and on the other side, with the Arms of the Cities of Zeland, and this, Authore Dec, savente B [Page 26] Regina, that is, God being the Author, and the Quéen Fa­vourer: and I find it to have been an usual form of speech amongst the Dutch in that Age, which they applied to all dis­courses where it might be suitable, By the Mercy of God, and the Goodness of Quéen Elizabeth: Cambden ad▪ an 1385. and by such Whee­dles did they inveigle the Queen to take (as the King of Sweden then said) the Diadem from her head, and set it upon the doubtful chance of War. And it is an action not to be parallel'd out of the Annals of impudent and Ungrateful persons, that the Dutch having been so effectually obliged by that Queen, and having by such a continued series of prote­stations averred, that they did owe their welfare and being to the Mercy of God and Favour of Quéen Elizabeth, they should now take no notice, that the English contributed any thing to their support: So detestable baseness doth make me judge, that If it were not their Interest, Their Religion is such, that Th [...]y would proceed to ascribe nothing unto God himself: and all they write to that purpose, is no more than a Complement from their High and Mighties to the Al­mighty.

We shall on it to relate how often the Republick ( after that by the hand of God she was raised from that despe­rate condition) hath trembled and quaked both for fear of Foraign Enemies, and Intestine combustions.

Histories will declare unto us, that not only the State of the united Provinces, but all the Netherlands, which to­gether ( but not with a strict obligation) were tyed, were sufficiently plunged into the extremest inconveniences by the perfidiousness of the Duke of Anjou, brother to the King of France: And that afterwards the United Provinces were brought into a deplorable disorder, and beyond all posture of defence, by the craft and ambitious designs of the Earl of Leicester, sent hither by Queen Eli­zabeth for our protection.

I have already spoken concerning the Earl of Leicester, and their ingratitude towards him: the French do form the like charge against them in behalf of the Duke of Anjou, that they violated their agreements with him, gave him on­ly an empty Title, but reserving and drawing all the power [Page 27] into their own hands: the sense of which indignity (consi­dering that He was a Brother of France, and had brought them powerful succours in their distress) made him take the courses specified. And it is observable, that in all th [...]se and other emergencies, where the Dutch are branded for their In­gratitude, Perfidiousness, and unworthy Dealings, the particu­lar Province of Holland is always the sole Author, or princi­pal occasion. Whereof they themselves boastingly give a relation in their Manifest published at Leyden 1654. It is thence that I derive my Intelligence, Ideò A [...]chidux Mat­thias Belgii imperio ad­motus, cum quo inscio principe contraxerant, ut nimia principis au­toritas elideretur De­clar. ordin. Holland, part. 2. cap. 3. sect. 9. that the Infant States, being jealous of the Power and Popularity of William Prince of Orange, did without ever acquainting him therewith, in­vite the Archduke Matthias to be their Governour. And it is there that I read of a great peril that Holland ▪ &c. was in, and how they were delivered from it, the which our Consi­derer might have seasonably inserted here, as well as the rest, viz. The States of Holland, Zeland, and Vtrecht were determined to make Prince William Earl of Holland with all the Prerogatives heretofore enjoyed by such Earls: and though Amsterdam, Gouda, and some other Towns dissented, yet were they resolved to pursue their intentions: Deus opt. max [...]plon subditos novà subjecti­one, in quam praecipites f [...]rebantur, exemit De­c [...]ar. or [...]in Holland. part 2. cap. 1. sect. 20. but the Prince was assassinated a month before the Installment could be effected; and God most providentially did thereby frée the Subjects o [...] Holland from that subjection into which they were running precipitously. There cannot be a greater testimony of the degeneracy of this Age, in which such Ingra­titude is publickly avowed and authenticated by a solemn declaration of the States of Holland and West-Frizlan [...], & the most infamous actions in the world (and such as would create a blush in the countenances of any men but Hollanders) are recited as the most glorious. O [...]dines Urbis Groni [...]ga at (que) Ommeland [...]ae, sta­stim post mo [...]te [...] Prin­cipis Guliel [...], novissi­ [...] defuncti, [...] ejus dignitatibus omnibus privarunt— In Fris [...]a linea illa us (que) ad hod [...] ­ernum d [...]em Seclusa permane [...]. ibid. part 2. cap. 6. sect. 14.16.11. 'Tis there that I read, how the States of Groninghen and Ommeland, immediately upon the Murther of Prince William, did deprive his Son, Grave Maurice, of all his Dignities, Honours, and Emoluments in their Province, and never admitted any of that Line to be their Governour unto this day. 'Tis there that I read a de­fence of their secluding the Prince of Orange from being State-holder, or Admiral, or General of the Forces of the Vnited Provinces (a separate Article which Holland conclu­ded part 2. cap. 6. [Page 28] with Cromwell) wherein they extenuate and deny any obligations they have to the whole House of Orange; and therefore they might, without breach of Morality and Civi­lity, proceed as they did. I confess I was amazed to read such things, and wondred not that Queen Elizabeth and our English Kings meet with so much unmoral usage amongst these Hollanders, since Prince William and his Heirs are thus intreated: and whilst others behold the Dutch as Protestants and Christians, I cannot but rank them amongst the worst of mankind, not to be parallel'd by any known race of Pagans and Savages.

We will likewise pass by in silence the relating of those passages, of which many of Us have béen living Witnesses, as when the whole Country, [...] a sudden Invasion on the Veluwe, and the taking of Amerford, was in the like man­ner alarm'd, as Rome when Hannibal appeared before her Gates.

This Invasion happened Anno Dom. 1629. The Spaniards joyning their Forces with those of the Emperour under Montecuculi, This is largely descri­bed by D. Heinsius, in his Siege of [...]ois le Du [...]. did make the said irruption, and surprised Amerford, being already Masters of Wesel. All Holland was affrighted, and their High and Mighties forsook the Hague to fit at Vtrecht. The recent memory hereof might suggest un­to the Hollanders more of moderation in their deportment, since they are no more assured of their good Fortune, than the World is of their good Manners. I could not but compassio­nate the distress of old Rome, the memory whereof this pas­sage renewed; and I wished that victorious Monte [...]u [...]i had prevented our Prince and the King of France in the re­ducing of Holland, whose baseness represents them to have a greater affinity with Carthage than Rome, and the Belgie Faith imports as much of Treachery as ever did the Punic.

And forasmuch as comes within the re [...]ch of our own Memories, we have yet fresh remembrances of the War with the Lord Protector Cromwell, into which by a certain destiny, and an interest beyond interest, we were drawn, at a time when the Nation, for want of Ships and Guns, was reduced to a perplexity, the thought whereof we cannot entertain without grief, and alteration in our hearts.

All that are acquainted with the transactions of that War, [Page 29] do well know that the Dutch began their preparations for that War long before the English apprehended it: they or­dered 150 Ships to be equipped out, and beat up their Drums for Volunteers to man them, amusing the English with a Declaration, that this was done to secure the Commerce; so that no preparations extraordinary were then set on foot in England: and whilst they were in League with this Nation, and in the midst of a Treaty for a stricter Alliance, their Ad­miral most perfidiously comes into Dover road, with an in­tent to destroy the English Navy, and ascertain thereby to his Masters the Dominion of the Sea. I more willingly men­tion these things, because they are an instance to some people, not only of the perfidiousness of the Dutch, but of the equity of his Majesties present quarrel: This is expressed in the Declaration of the pre­tended Commonweal [...]h: a [...]d they determined to assert the right of the Fi [...]g, not only as an Honourable salute, but as a testimony of their undoubted right and domini [...]n upon the neigh­bouring Seas. for that War, was grounded upon the striking of the Flag, and the Dominion of the Seas: and it is apparent Faction, not any colourable reason which can sway any man that approved of that War to condemn this. It is also an instance, that the present quarrel of the Dutch is not with His Majesty, His Royal Highness, and the Court, but with the Nation. In other cases it is irrational and imprudent to distinguish betwixt the Political and private Capacity of our King; but in this they are so inseparable, that the interest of the People, King, and Court are all one, and equally concerned in the evil success of our Fleet: and were we (by a detestable fiction) deprived of the King and Court, the Controversie would still remain betwixt the Dutch and the unhappy survivors in England. It was not the want of force at that time which occasioned the misfortunes of the Hol­landers, but the Courage and Valour of the English: and what may we not (under God) promise our selves from the same persons now, who, besides the sense of their past Victo­ries, have this further incitement, that they fight under their lawful Prince, (a Prince so just and generous) and the auspi­cious Conduct of his Royal Highness.

Through all these difficulties, and innumerable others, we have, by the mercies of God, waded, and would have wished with all our souls by a long continued Unity ( the true and innocent Interest of our Peace-coveting Repub­lick) to have tasted the [...]ruits of our sharp labours and [Page 30] dangers; but it hath pleased God to order and dispose it otherwise, These expressions argue fear in the Authors: and it ought to add to the courage of the Eng­lish, that besides the terrors of an evil Consci­e [...]ce, and the apprehen­sions of divine venge­ance for their present perfi [...]y, and former Bar­ [...]ar [...]ties to the murder­ed and ruinated Eng­lish; they are also sen­sible of the puissance of their Enemies, now in conjunction against them. who by his just and adorable judgments forceth us to acknowledge that we now (as much as ever) stand in néed of his powerful protection, since we find our selves at this present time, encompassed with a necessity to oppose the extreamest assaults of the greatest Forces of Europe, with a power which indéed is inconsiderable in comparison of that of our Enemies, by which yet (how weak soev [...]r) we da not despair to defend and secure our selves; strengthned with hopes that God shall please to look upon the Equity of our innocent case, with the eyes of his justice, and our sins and defects with the eyes of his mercy.

And, in truth, if ever the Sword is drawn in time of necessity, and for innocent defence of our dear Country; it is at this present, in which it séems the Grandees of this world, have in the counsel of the power of darkness, concluded the ruine and destruction of the United Ne­therlands, assuming to their associates, all such as value Christian blood, no more than that of Sheep and Goats, delighting their eyes with the devastation of Countries and Cities, even as if they beheld Comedies.

Wise people do frequently look back upon things passed, and by comparing those with the present Transactions, they from thence form unto themselves Documents and Rules whereby to regulate their deportment: If our Enemies, the Hollanders, had amongst the difficulties through which they have waded, called to mind the meaness of their own con­dition when they sought refuge here, and when Queen Eli­zabeth supported them, the Vicinity, Strength, and Genero­sity of the English Nation, the candor and sincerity which hath been constantly expressed unto them by the Royal Ancestors of his Majesty, whilst they favoured these infamous Nether­landers. Had they considered the vicissitudes of Fortune, how great and unexpected they are; the dangers of growing too puissant, though the foundation of Grandeur be not laid in the wronging and depressing of others; that 'tis requi­site for them who advance themselves by fraudulent means, and the injuries of others, to retain some firm Allies, and by [Page 31] the repute of their sincerity, to some, efface the ignominy, and allay the odium which their perfidiousness to others would create them. Had they assumed such thoughts as these, they had never contracted so universal an enmity as they are now in danger to sink under. Their condition is altogether like that of the Earl of S. Paul, who having enriched and advan­taged himself by a constant practice of Treachery to the Kings of England and France, and the Duke of Burgundy, none of them being safe from his machinations, nor being able to relye upon any promises of his, how solemn and sacred soever, they all together resolved to establish the common tranquillity by the ruine of that perfidious man. And when the City of Venice had by several arti [...]c [...]s aggrandized her self, and incroached upon the Dominions of sundry Princes; the Emperour, French King, Pope, and others did all joyn a­gainst that Republick (which by so many practices in raising and fomenting of the Divisions and Wars of Italy, breaking of former, and entring into new Leagues, as advantage, not right, did excite them) and deprived the Venetians of all they held in the Terra firma. It is in vain for the Considerer to justifie the present War unto his Country-men, by urging Necessity and Innocent defence of themselves: How spe­cious soever those pleas are, they avail not in this case, because, they by the manifold injuries and contumel [...]es done to the K. of England have provoked him to attacque them, and created to themselves this Necessity of Warring; nor is their Defence in­nocent, because it includes a Defence of the most barbarous Criminals against all Laws divine and humane: And certain­ly if ever any War was justified by the Laws of Nature and Nations, if self-preservation, the protection of injured Sub­jects, vindication of Rights, revenge of great Injuries and In­dignities, be just motives to commence a quarrel (as each one of them is) never was any Prince more wronged than his Ma­jesty is, The depositions of their cruelties against his Majesties Sub [...]ects in the East-Indies, Guin­ny, and other places, are to be seen in the Regis [...]s Offi [...]e of the High [...] of Almi­ralty [...]pt at Doctors Commons. when the glory of his present actings is extenuated or soiled by any charge of injustice; nor do I find amongst his Associates any such as value Christian blood no more than that of Sheep and Goats; but I find He hath for Enemies those that so exquisitely tormented and so barbarously put to death the English at Amboyna, and by a thousand actions no less [Page 32] cruel have testified their little regard to Christian blood.

The Considerer, that he might evince the Equity of their Cause, pretends to deduce its original: the sum of his pro­lix discourse is this. That the King of France urging his pretensions on a considerable part of the Spanish Ne­therlands, in right of his Queen to whom they were devolved: The United Netherlands moved by a Peace-loving inclination, and apprehension of a terrible N [...]hbour, d [...]d endeavour to extinguish the sury of that War, whose flames they fea [...]ed would not only consume the adjacent Countries, but also scorch the more remote places: and to that end they associated Counsels with the Kings of Great Britain and Sweden, and joyntly concluded a Tri­ple Alliance betwixt themselves, by which they [...]ave mu­tually obliged each other to promote the peace betwixt France and Spain on the terms and proffers of the Alter­native, and by the same peace to secure the quiet and tran­quility of Christendom: promising each to other, for fur­ther confirmation of the said Triple League, That be­twixt them always should be, and continue a Sincere Vnity, and serious correspondence from their hearts; and in good faith to advance each others profits, utility and dignity, and whatsoever should oppose it self thereunto with their best endeavours to re [...]rove: and if at any time it should happen, that this their amicable intention should meet with a wrong interpretation, and by chance an untimely revenge of War by any of the said Parties, or any others on their behalf, should be offered to any of them Confederated, that in such case they should faithfully assist one another.

This is the substance of the Triple Alliance: After which he adds, That the King, the King of England, is sensible in his own Conscience (though with words he dissembles, and disowns the knowledge thereof) that by reason of the Triple Alliance, the Dutch are menaced with a War from France, and that, whatsoever the most Christian King pretends this is the true reason of his designs, and which he hath plainly discovered in all Courts, and is no more than He threatned them with at first, in case [Page 33] they ratified the Triple League. And therefore by vertue of this Triple League the King of England owes the Dutch an unconfined aid; As also limited succours of forty Ships of War, six thousand Foot, and four hundred Horse, by ver [...]ue of the Defensive Articles concluded in 16 [...]8. To which his Majesty is eb [...]iged, If their High and Mighties be attaqued by any Prince, or State, on what pretext so­ever. The King of England being under these obligati­ons, and being or imulated by Ambition, Avarice, and an insatiable thirst after blood, determined to take the oppor­tunity of this juncture (wherein the most potent King of France did threaten the Dutch with a terrible War) to pursue his unchristian designs, and to dis-engage him­self the better from all obligations of Aid to the Dutch, doth of himself previously begin a War, and with a speci­ous Declaration, palliates and dissembles his foul and malicious designs.

This is the entire substance of what the Considerer tedi­ously doth insist upon, and is the sole foundation where­upon he proceeds to justifie the Dutch, and with all possi­ble aggravations of Language bespatters the King of Eng­land, as if no Chronicles ever produced such a precedent of violated Faith, as his Majesty doth now give an Example of. I do confess that nothing ought to be more sacred, than the word and faith of Princes: That War is the last of re­medies whereunto they ought to have recourse, and which ought not to be commenced, but upon just, honourable, and ne­cessary grounds: I do acknowledge the tenor of the Triple League, and the Defensive Alliance. But I do avow that his Majesty is no way concerned in the violation of them; Nor is the Allegation of them pertinent to the present quar­rel: and of all the futile pretexts, which I have read of in History, this is the worst whereon the Dutch do bottom themselves. The Triple League doth no way interest his Majesty in their defence; For it doth not appear that the most Christian King doth invade them [...]or entring into it: There is no Authentick Declaration or Testi­ [...]ony, that this is the motive which prevails with Him to undertake this Enterprise: The Secrets of his mind are [Page 34] known only to himself, and to the searcher of all hearts: It is not for Men to proceed upon conjectures and surmises (which oft-times prove vain and false) as if they were certain Truths; nor can any Prince be obliged indetermi­nately, (and such is the present unreasonable plea of these Hollanders) where the condition of the aid to be given, Obstrictio in quibusdam videtur à caeteris line­rare Et locus s [...]bie­ctus certis pactis & conditionibus, in c [...] ­eris manet liber. Et qui se subjecit in qui­busdam, videt [...]r se se [...] ­valle in reliq [...]s libe­rum. Albe [...]us Genti­lis de jure belii, lib. 1. cap. 11. is particularly specified, viz. If it should happen that this their Amicable intention should meet with a wrong in­terpretation, and by chance an untimely revenge of War by any of the said Parties, or any others on their behalf should be offered to any of them confederated, that in such case they should faithfully assist one another. Can there be any thing more clear, than that the aid to be given is suspended upon this one circumstance, that the Triple Alliance should fall under a wrong interpretation, and that thereupon the party demanding the Aid, should be attacqued by a revengeful War? How doth it appear that the entring into the Triple Alliance is mis-interpreted, since it doth not appear that his Christian Majesty did ever debate it, much less declare himself therein? How doth it appear that He plainly dis­covered this sentiment by his Ministers in all Courts, since it doth not appear that He gave them private or publick instru­ctions to say so? Must a Prince answer for every expression, or every particular action of his Ambassadour? Can there be no other cause but this found out why the King of France should attacque the Dutch? Cannot we imagine, that the French retain a secret and inveterate desire of revenge for the notorious perfidy of the States General, when they concluded a Peace with Spain, without mentioning the Crown of France, or having any regard to the French Interest? Or, is it not possible for the Christian King to make War upon them with­out a cause? or meerly for enlargement of Empire? Or for other concealed reasons, or unknown indignities? What pre­gnant proof, or legal presumptions do the Dutch alledge then, that This is the cause of the present War? And with what impudence do they upbraid our King, as if the thing were so, and He knew it in his conscience, to be so, when as the Considerer himself in the Conclusion of his Treatise, says it is not so? viz. I shall hint at nothing else in the King [Page 35] of France's Declaration, but that it appears visible therein, that the War of that high renowned King procéeds from nothing else but a formed design to enlarge the limits of his Ter­ritories as far as his ambition is extended; yet that we hope that God Almighty shall by the same hand, by which he hath hitherto preserved us, confound the designs of the King— I doubt not but hereby it is manifest, that His Majesty is no way concerned by the Triple League to assist the United Netherlands in this Iuncture: and even so the Swedes, by their indifference, shew how much they approve of the Iudgment of his Majesty: and no man can say otherwise, but such as either regard not what they speak, or else take the freedom to surmise, and aver, whatsoever is for their Interest.

I come now to the Defensive Alliance, whereby his Ma­jesty A. D. 1668. did oblige himself unto that State, to give them an assistance ( if attacqued by any Prince or State on what pretense soever) of forty ships of War, six thousand foot; and four hundred Horse, upon promise, three years after the expiration of the War, to be re-imbursed of the charges of the said succour. But neither is this Alliance of any more validity at present than the other: It is the com­mon opinion of the Civil Lawyers, and Reason it self dictates it, Qui promittit non of­fendere, is subintelli­git exceptionem, Nisi causa superveniat; nisi culpa accesserit ejus, cui promissio ista fit, & pa­ctio [...]oederis; Rebus sic stantibus. Alber. Gen­tilis de jure belli, lib. 3. cap. 24. Grotius de jure belli, lib. 3. cap. 20 sect. 2 [...]. Zouche de jure faeciali, part 2. sect. 9. qu. An provo [...]ato, pacto pacis contravenire licet? that, In all Articles and Treaties for peace, there is this exception to be supposed in the Contractors; Vnless some new cause intervene: Vnless it be by the default of him with whom the League and compact is made: or, Affairs continu­ing in the same posture and state, in which they were at the time of the contract. And that saying of Vlpianus and Pomponius concerning private compacts, viz. That an agree­ment is not violated, from which a man recedes upon a just reason and motive; this by Interpreters is extended to Natio­nal Leagues betwixt Princes and States. This being sup­posed, It remains that we enquire, Albericus Gentilis ubi supra. Et Zouch. ibid. Pactum pa [...]is, inquit, Grotius, admittit, ut si nova causa subsit, vis bellica inferatur, quae si probabiliter afferri po­test, satius est injustiti­am sine perfidiâ, quàm cum perfidiâ admissam credi. Vide Grotium loco citato. whether the King of England had any new cause or provocation given him? For, if such a matter do appear to have happened, though it be slight, nay disputable, yet is his Majesty absolved from breach of Faith, though not altogether from the imputation of in­justice: But if the provocation be weighty, and of high im­portance, nothing can be more legitimate than the present [Page 36] rupture which his Majesty hath made with the Dutch. I would willingly know, if any Englishman can think that his Majesty could be obliged to this Defensive Alliance, with­out any regard to the Peace concluded upon at Breda, that is, without any supposition, that he was in 1668. in any terms of Amity with these Netherlanders: If this be unima­ginable, then it is apparent, that the observation of these Articles, on his Majesty's part, depends upon the observati­on of the precedent peace, on the part of the Dutch. His Majesty never contracted this League with them, so as to derogate from that, and to tye himself up to the Assistance of the Dutch, Si conditio quaedam, quâ societas coitur, so­cio non praestatur; vel si e [...] re f [...]ui non liceat, cujus grati [...] societas [...]it inita: rationem ha­bet renunciatio socie­tatis. Et ergo videtur, quod si in uno non siat sati [...] societati, discedi ab omni societate pos­sit. Alber. Gentil. ubi supra. against the King of France (or any other in­vader) notwithstanding that they should violate their Arti­cles, and multiply injuries, indignities, and acts of hostility against Him, and his Subjects. No Prince ever fettered himself thus; no Laws of Nations, no common reason admits of such a Phancy: and therefore the notorious violation of that peace doth plenarily absolve his Majesty from the bonds of this subsequent Alliance.

The Considerer, no doubt foresaw this defense, but would not take notice of it, lest he should have been obliged to re­frain from the aspersions of unparallel'd perfi [...]iousness and violated Faith, the Name and Noise whereof might ad­vantage him amongst the Dutch populace, and the more ig­norant sort of men. And, to give a further colour to his ca­lumnies, he says, that the Reasons which his Majesty alledg­eth, are not the Reasons which he proceeds upon: They are but forged pretensions, whilst the true inducements to this rupture are Ambition, Avarice, and insatiable revenge, Since the Man so little understands his Majesties inclinations and deportment, which have been hitherto such as yield no ground for a charge of this nature, I will not stand to refute his in­solent and barbarous conjectures, nor believe so ill of the most generous, mild, and peaceable Prince in the world, as that He diligently sought occasions for a War, when the injurious Dutch rendred all peace unsafe and dishonourable unto him.

I shall therefore examine what my Author doth urge against the Declaration of his Majesty, wherein when my [Page 37] Country-men shall be satisfied, I doubt not but they will approve of the Iustice of his Majesty's Cause, and be in­flamed with a zeal to vindicate the honour of their King, and the necessary rights of the Kingdom.

Concerning the business of Surinam (my Author doth not consider every thing) all that is said amounts to this; That the place being taken in March 1667. by Adrian Crynsen of Zeland with the Forces of their State, and so under cer­tain Covenants reduced to their obedience and subjection, was indeed in the month of May next following retaken by the English; but that the same in pursuance of the sixth Article providing, that all Lands, Cities, Fortifications, and Colonies, taken during the War by any of the parties then in Arms, from the other, and after the 10/20 of May reta­ken, should be restored to the first taker, was delivered up again into the possession of the States: He wonders that the King of England should offer to stile any of the Inhabi­tants of Surinam to be His Subjects, since by the rights of War, and the Articles of Peace, the plenary Dominion and right of Soveraignty is transferred to the Dutch: and they being now Subjects to that State, ought to complain to their States General, if the said Capitulations be not ob­served duly; but that the King of England is no more in­teressed in them, than is the King of Spain.

To this I answer, That by the third Article instanced in, though the plenary right of Soveraignty over Surinam were transferred; yet it is expresly said, They are to have it altoge­ther after the same manner as they had gotten and did possess them the 10/10 day of May last past. It remains then, that we enquire, What manner of Soveraignty the Dutch had in Suri­nam by their conquest thereof, by the Capitulations of Abra­ham Crynsen: and this appears to be no other than what the Dutch had over Bois le Duc, when Grobbendonck capitu­lated to surrender it to the Prince of Orange upon terms, to march away with flying Colours, and such Inhabitants as pleased might remove their Estates and Goods into the King of Spain's Dominions within a certain time, &c. A. D. 1629. so were the Inhabitants of Surinam to have convenient li­berty to transport themselves and their estates into the King [Page 38] of England's Dominions. And as Grobbendonck by his Ca­pitulation (together with those comprehended therein) did not become the Subjects of the Vnited Netherlands, no though He or his Followers, had stayed several months in the surrendred Town, but retained to the King of Spain, so nei­ther did these of Surinam become by their Capitulation Sub­jects to the Dutch: 'tis true they gained thereby the Sove­raignty of the territory, but not of their persons: and to deny this, is to act by the Punic or Belgic Faith, to deny that Abraham Crynsen, at that distance, had power to grant Articles; Grotius de jure belli, l. 3. c. 22. s. 9 Zouche de jure faeciali, part 2. sect. 9. qu. An condi­tiones deditionis à duce concessae, à supremâ po­testate praestandae sint? and to act as Hannibal did, when he refused to ra­tifie the conditions granted by Maharbal, because He (though absent) was the Superior, and had not signed them: which deed is censured by Livy thus, quae punicâ religione servata fides ab Annibale est, atque in vincula omnes conjecti. This being premised, I cannot understand, why the King of En­gland might not call them His Subjects, and send for them; and as an high injury resent their detaining, since thereby He is deprived of so many serviceable Planters in his other Co­lonies thereabouts.

The King procéeds from the grievances of the busi­ness at Surinam to a complaint of pretended affronts, which He alledgeth to have suffered from the States, as well in making as shewing of Pictures, Medails and Pillars, as in refusing to strike the Flag: declaring that the first alone, viz. the making and shewing of Pictures and Me­dails hath béen a sufficient motive of his displeasure, and the resentment of all his Subjects, that is, in one word, of the War. God preserve the World from such Christian Prin­ces, as for a Picture or Medail, make no scruple to stir up Commotions in Christendom, and to cause the effusion of so much innocent blood— I never yet apprehended that Christianity obliged its Professors to abandon their concerns for a good repute and honour. They have indeed some such Aphorisms in Holland, where the regards of Vertue, Piety, Iustice, Honour do yield to those of Gain. But in other places the case differs, and the most honourable considerations prevail above the infamous, though profitable. S. Augustine and all Casuists do agree, that those Wars are just, wherein [Page 39] such injuries are avenged upon a Nation or Kingdom, Lud. Molina de justi­tiâ tr. 2. disp. [...]02. Albe [...]. Gentilis de jure belli▪ l. 1. c. 18.20.21. Fr. à victoriâ relect. 6. sect. 4. which that Kingdom or Nation hath either neglected to punish in their own Subjects, or refused to yield satisfaction for unto the party injured. And if the Considerer had imployed his time in any diligent research into the just causes of War, he would have found the most knowing, prudent, and learned Christi­ans to teach, that sometimes private indignities, always the Indignities put upon Princes are a just cause of War. Thus did David, Lud. Molin [...] de justit. tr. 2. disp. 104. Causa particularis justi belli est injuria aut contume­lia notabilis principi il­lata. Gretius de jure belli. l. 3. c. 20. sect. 40. Alber. Gentilis de jure belli, lib. 1. cap. 18. though a man after Gods own heart; who we are ascertained did not ill in making War upon the Ammonites, because they cut off half the beards of his Ambassadours. It is most certain, that besides the defence of his people there are other Titles, and other considerations which put Arms law­fully into the hands of a Prince; there are other wounds to heal, and other breaches to make up, than the ruine of his Subjects; the outrages acted against his Honour are to be revenged, and the spots wiped off, which are imprinted up­on the reputation of his Crown, as one of the Pillars which bear up his Greatness, and therefore to be carefully preserved from blows, that it fall not into contempt. The Reputation of a Prince is by some compared to the Credit of Merchants, which maintains them in honour and lustre, though they be in effect poor, and gives them oftentimes means to fill up the concealed emptiness of their Coffers, and to repair the weak invisible condition of their fortunes. But when a Prince is wounded in his Reputation, and his Forces are cryed down; when his prosperities are lessened, and his disgraces increa­sed, when endeavours are used to obscure the lustre of his greatness and puissance, wherewith the eyes of strangers ought to be dazled, and to draw a curtain before the exte­riour face of his affairs: Etiam stant Reges, & regna nomine, at (que) ex­istimat [...]ene, quare no­men (que) tueri oportet. Et culpa fuerit relax­are vindictam. Alber. Gentilis de jure belli, lib. 1. cap. 18. This is the subject of a just War, and whatsoever private Christians may do in some cases, Princes do not discharge their duty, nor take requisite care for their Subjects, if they do not avenge notorious contumelies and indignities; nay I dare add, that such of them as are negligent in this case, do not only run into great perils from Foreign Kings, but their Domesticks and Subjects, who will be prone to dispise, trample upon, and ruine them whom they see universally contemned and affronted. The Casuistical Di­vines [Page 40] and Civilians are herein agreed, Ex cujus infamiâ sequi­tur infamia subdito­rum: tenetur ex Justi­tiâ non condona [...]e fa­mae restitutionem: ita quod si remissio facta fuerit, nihil valeat: quia non potest cede­re juri subditorum. Et quando subditi notan­tur de crimine infamiae, propter infamiam [...]ae­lati (vel principi) h [...] ­be [...]r jus ad famam & Praelati & ad propriam: ergo Praelatus non p [...] ­test condonare restitu­tionem propriae famae. Dom. Bannes de jure & justitiá Qu. 62. Artic. 2. Omni [...] qui infamat proximum tenetur re­stituere illi famam, & omnia damna, quae con­sequuntur ex infamiâ illius. id ibid. & Le [...]n. L [...]ssius de justit. & jure, lib. 2. c. 2. dub. 29. and they do not allow a Prince the liberty to pardon Indignities and Contumelies done to his Person: because his Reputation is not properly his own, his Subjects share therein, and whatsoever indulgence He grants in such cases, they are null and invalid. It is fur­ther adjudged, that whosoever doth act or speak any thing to the defamation of another, is obliged in conscience to make the injured party reparation, not only as to the indignity it self, but as to all the damages which he received by reason of the disparagement done unto him. And should the English pursue herein what in Iustice they may, the greatest part of the Dutch Trade in Guiny and the East-Indies, as also Russia should be put into their possession: For these insolent Hol­landers have advanced themselves to the present grandeur and height, as well as vastness of Trade by affronting the English Merchants, defaming and belying most contumeli­ously the Person, Conduct, and Strength of their Prince, and by exposing him to scorn and derision by ridiculous Pictures, and odious Medails. And because that this last Instance is a part of the present contest, and would indeed alone authen­ticate it, I will relate the evil effects of these Medails and Pictures, which they occasioned unto the English in Muscovy, as the deceased Dr. Collins, who was Physician to the Czar, hath left it upon record. D [...]. Co [...]l [...]us survey of Mus [...]ovy, cap. 26. The Hollanders have another advan­tage, by rendring the English cheap and ridiculous by their lying Pictures, and libelling Pamphlets, this makes the Russian think us a ruined Nation. They represent us by a Lyon paint­ed with three Crowns reversed, and without a tayl: and by many Mastive Dogs, whose ears are crop'd, and tayls cut off. With many such scandalous prints, being more ingenious in the use of their Pencils than Pens. These stories take much with the barbarous people, when no body is present to contradict them— It is no Iustification for the States General to say, that these are for the most part the actions of particular persons, for which the publick is not accountable. It is enough for the English that the States themselves published some, and that no sollicitations and complaints could make them re­call, suppress, and prohibit the others: this deportment of theirs doth amount to an authorizing of them, and 'tis a Rule, [Page]

[Page] [Page 41] that A ratihabition in deeds, Si Universitas negligit illud fa­ctum emendare, jam nune illa queat ipsa se. Est scilicet rati­habitio fortio [...], quae r [...] sit, qu [...]m quae verbo: & est delicti quo (que) ratihabitio. Alber. Gentil. de ju­re belli. l. 1. c. 21. Zouch de jure faeciali part 2. sect. 5. qu. Virum injuria à subditis [...]l [...]atae, principem vel populum afficiant? is more powerful, than a ratihabition in words: And the Republick in­volveth it self in those crimes, which it refuseth to punish. So Agapetus in Iustinian declares. 'Tis the same thing to offend ones self, and not to pro­hibit the offences of others.

This controversie about Indignities and Contume­lies done to Princes, doth recall into my mind the violence wherewith former Kings have resented them. David without any formalities of denoun­cing War (that I read of) attacqued the Ammo­nites, 2 Sam. 1 [...].11. and with horrible torments revenged the in­dignities done to his Majesty upon the Inhabitants of Rabbah. And Gustavus Adolphus invaded the Ger­man Empire, [...]il. Arlanihaeus Arma Succica. p. 13.37. Zouch de jure faeci­ali. part 2. sect. 10. qu. An bel­lum aliquando omissa indictione movere [...] without ever declaring War, to re­venge the contumelious usage of his Embassadours at Lubec. Had either of those potent Kings re­ceived any such injuries and affronts as his Majesty of Great Britain hath had multiplied upon him, how fierce a vengeance would they have taken upon their barbarous and insolent Enemies, whose outra­geous doings do give unto any rigours the face of Iu­stice, and absolves from the usual solemnities of War.

I suppose it now manifest that our King might with a great deal of Iustice make War upon the Dutch, mearly in vindication of his own honour, and that without the usual form of declaring War: But because this last circumstance is represented so tragi­cally; as if thereby the English Ships, though act­ing by a Royal Commission, were Pyrates, and as bad as those of Algiers and Tunis: I shall demon­strate that the solemn Declaration of War, before it begin, is not always necessary.

It is not any part of the Law of Nature, Naturall jure, ubi aut vis illata arcetur, aut ab eo ipso qui deli­quit poena deposcitur, nulla re­quiritur denunciatio. Grotius de jure belli, l. 3. c. 3. sect. 6.2. that a Prince denounce War before he begin hostilities: All that Nature directs Vs unto in this case, is, that we repel force with force, and avenge our selves, or take [Page 42] reparations for injuries committed against Vs. All that can be alledged for it out of Grotius, is, that 'tis a fair and laudable course, Honestè & laudabiter interponi­tur. Grot. ubi supra. and not always pra­ctised by the Romans themselves: For when the Carthaginians in two Wars had shewed themselves an ungenerous perfidious Enemy, such as the Dutch are to all the world, they did not denounce the third War against them, but proceeded by surprise against that vexatious treacherous irreconcileable people, Appian de bell. Punie. and used them not as other Nations, because that others were not like unto them. Xenophon. Cyri. pad. l. 2. And Xenophon in his Ro­mance of Cyrus, thought it no ill character of his Heroe, Zouch de jure faeciali part 2. sect. 10. qu. Anbellum omissâ in­dictione mourre li [...]ea [...]? Arma Suecica, pag. 55. that he should without denunciation make War upon the King of Armenia. So did Pyrrhus; so did Gustavus Adolphus. As in the Civil Courts of Iudicature, a formal Citation is not always necessa­ry; in like manner a Prince may sometimes omit the proclaiming of War before he practise hostilities. Atheri [...]. Gentilis de jure belli. l. 2, c. 2. But to evince the entire justice of that Encounter of ours with the Smyrna Fleet, it may be convenient for us to con­sider, that those Ships meeting with our Fleet did refuse to strike their Flags and lore their Topsails unto the Ships of War of his Majesty, contrary to the 19. Article of Breda: And that being refused, it was not only lawful for our Ships to destroy or seise them, and for his Majesty to confiscate them: M. S. Comment. de [...]abus Admiral. fol. 28. [...]iden. mare clausum, l. 2. c. 26. But it was the express Commission of the Ship-Cap­tains (and hath been so to all Men of War for above 400 years) and an inseparable Regality of the King of England, which authorise, and authenticate that action in full: It is no new Doctrine in England, to say no Ship can be pro­tected in point of Amity, which should in any wise presume not to strike sail: Q. Elizabeth gave the same form of Com­missions and Instructions to her Admirals; and if there never happened any rancounters in her times like unto this, it was because no Prince disputed the thing with her, and the Dutch were then the Distressed States. This Regality of having the Flag struck to the Navy Royal, or any part of it, is pa­ramount to all Treaties, so far is it from being limited [Page 43] and restrained by the Treaty at Breda; and whatsoever con­travenes it is not to be construed so as the breach of inferiour Articles. The Right of the Flag is not demanded by virtue of the Treaty from the Dutch (though they cannot refuse it with­out annulling that treaty) but recognized there as a fundamen­tal of the Crown and dignity of the K. of England. Such points are not the subject of Treaties, and no concessions were valid against them. Domin. Baudius de in­duciis l. 2. In such cases we say, plus in talibus valere quod in recessu mentis occultatur, quàm quod verborum fermu­là concipitur. It is therefore evident, that nothing was acted on our side contrary to the said League, in reference to the Smyrna Ships: And the ensuing War (notwithstanding the 23. Article) is to be imputed to the perfidiousness of the States General; not that the private act and obstinacy of the Smyrna Ships did make it to be so, but the States General had justified Van Ghent in the like case, and by that solemn and notorious violation of the Nineteenth Article of Breda, in effect declared War against Vs; Ab alterâ parte indi­ctum esse sufficit. Gro­tius de jure belli. l. [...]. c. 3. sect. 7. and we needed not to de­clare any thing on our side; it not being judged necessary, but a superfluous Ceremony, for both parties to denounce War: And if the one party, as here the Dutch ▪ do rescind a Treaty, (Leagues are individual acts, and the vio­lation of one Article doth annul the obligation of the whole) then are we, ipso facto, in a condition of War, nor is it requisite the King declare himself: They that violate their Faith, Jura violanti jus redditur, si no [...] praestatur. Item neq, his bellum indicetur, qui jam pro hostibus habentur: ut quid enim opus indictione, per quam denuncia­tio hostilitatis, si hostes sumus, & habemur. Quicquid demon­strandae rei additur satis demon­stratrae frusta est. Etiam illud dixere Faeciales, non opus esse re­nunciare amicitiam, cùm legatis repetentibus res pluries, eae nec essent redditae. nec fu [...]sset aliter satisfactum. Alberic. Gentilis de jure belli. l. 2. c. 2. render themselves in­capable of wrong; and 'tis a vanity to multiply de­monstrations of what the Dutch had already made publick: In fine, the Laws of War inform us, that the War is sufficiently declared, when all applica­tions and Embassies become fruitless. And Di­vines tell us, that there are some cases when a man is absolved from the obligation of fraternal cor­reption and admonition, viz. when the person of­fending is notoriously known, In fraternà correptione inutilis admonitio omittenda est, Theo­logorum consensu. Genes. Sepul­veda in Apolog. pro libro de justis belli causis. to be so perverse and obstinate, that all reproofs and warnings would be fruitless; for, say they, He that ploweth ought to plow in hope, 1 Cor. 9.10. and where there is no hope of any good success by friendly applications, [Page 44] there no man is bound in conscience or prudence to pursue them. Though this relate to private persons, yet the condition is the same in reference to Princes, see­ing, that the chief ground of Embassies, and such like Remonstrances amongst Christian Potentates, is Fraternal Dilection; and therefore if the inutility and fruitlesness of a Negotiation, absolve us justly from it there, it will also do the same here: Wherefore, since his Majesty was convinced by the ill event of all his amicable applications to the Dutch, and understood so well the resolutions of the Hague, that they would not strike sail, he might justly omit all such formalities, and immediately proceed to carve out his own satisfaction by an advanced War.

Concerning the right of the Flag, it is in the first place to be remarked, that it is cl [...]arly intimated in the said Declaration, that [...]hat King by t [...]e said Right understands the Soveraignty of the Seas; since speaking of the Antiquity of the said Right, he ad [...]s thereunto, that it is an ungrate­ful insolence, that We should offer to contend with Him about the said Soveraignty: Whereby it plainly app [...]ars, that the Flag and Soveraignty of the Seas [...]re words of dif­ferent sounds, but according to the Kings meaning of the same signification; so that We may easily conjecture, that the difference betwixt the King of England and this State about the said Pretended Right of the Flag (which is insi­nuated to that Nation as the most important Grievance wherein the Peoples Honour is concerned) is not at present a Controversie about Saluting and Striking of the Flag, and consequently no dispute in relation to the sense of the Nine­teenth Article of the Treaty at Breda, but only a Contest about the Soveraignty of the Sea, which This State attri­butes to God Almighty alone; and the King of England usurpes to Himself, although perhaps per gratiam Dei, by which the most Absolute Princes govern their Lands and Territories. And the Ambassadour Downing also con­cerning the aforesaid sense of the Ninteenth Article, in his Memorial delivered in the Name of the King, demanded of the States a plain and clear acknowledgment of the afore­said Pretended Soveraignty of the Seas.

[Page 45] Eve [...]y one that can tell of our Country-men, & the impar­tial World may sée, that not the refusing to strike the Flag, in pursuance of the said Article (which was fully performed, as shall hereafter be made evident) but only a Refusal of the said acknowledgment hath béen the subject of the King of England's complaint. And it is likewise easily to be apprehended, that at present the said Acknowledgment is demanded from the States, not by reason of the Justice of Right to the pretended affair, but only out of a plotted De­sign to war against Us, which design could not be put in Execution but by a demand of Impossible Satisfaction; for which intent the Ambassadour Downing propounded no­thing else to the States than the Acknowledgment afore­said, lest having made Propositions of other things, he might receive satisfaction for his King, who (he knew) would not be satisfied.

Of what importance the said Acknowledgment so de­manded is, is not unknown to any of the Subjects of this State, whose only subsistence is Commerce, and conse­quently the Liberty of the Seas. I do believe that not one single Fisherman in our Country can be found ( be he ne­ver so simple) that apprehends not his chiefest Interest to consist herein, and that to force the said Acknowledgment out of his throat, and thereupon to cause the Effects of the said Pretended Soveraignty to follow, is one and the same thing as to tye up his throat; or at least there is no other Distin­ction than betwixt a speedy and a tedious ( yet assured) Death: since after the said Acknowledgment there can at the best nothing else be expected from the King of England's Grace and Favour, than an option and choice of a sudden period, or a lingring disease, which is worse than a precipi­tated death.

And although the King of England extends not His pre­tended Dominion further than the British Seas, yet it is evidently known, that the Limits of the said Seas are by the King stretched out so far, that not the least part for a pas­sage out of our Country is left, which is not in respect of his pretended Soveraignty subjected to the King according to his sense; considering that not only the Chanel, but al­so [Page 46] the North Sea, and a great part of the Ocean is by the King of England accounted the British Sea: so that We should not be able out of our own Country to set out to Sea, but only by the Grace and Favour of the King of England, of which we should be assured [...]ar less than now we are of his faith and promise.

We shall not enter at present to confute the aforesaid pretences to the Soveraignty of the Sea, not only because the same would probe too prolix, but also ( and that princi­pally) by reason it cannot be judged necessary to contradict what all the World holds to be impertinent, except the King of England, who as little can adhere to reason, as with reasonable offers he will be satisfied. We shall only say, that it is false, and never can be proved, that we ever fished in the Sea with licence and permission of the King of Eng­land's Father, and that for paying Tribute, as the afore­said Declaration expresseth.

We confess, that in the year 1636. some of the King of England's Ships of War seized upon our defensless Her­ring-busses, and that by méer violence they forced a sum of money from them, which they called Tonnage-money; but we deny that from thence any Right or Title can be deri­ved, not only because violence can create no Right ( no not by continuance) but also because the aforesaid violent exacti­on was not continued; Complaints being made in England of the aforesaid exorbitance, the same afterwards was no more demanded.

We shall, with favour of the courteous Reader, passing to the business of the Flag, so as the same in the Nine­teenth Article of the Treaty at Breda is regulated ( which Article must decide this Controversie) briefly demonstrate that nothing was committed by the Lord of Ghent in the late Encounter contrary to the said Article; and moreover, that what hath béen offered to the King of England, by this State, over and above the obligations of the said Articles, is of so convincing a concession, that we néed not fear to refer it to the judgment of the English themselves, as promising to our selves from the said peoples discretion, that ( in re­spect this State hath given abundant satisfaction to them in [Page 47] point of Honour) they will scorn and detest to demand that We should acknowledge the Soveraignty of the Sea ( pro­céeding only from a desire of War) to belong to Them.

It is evident, and amongst all discreet persons without Controversie, that Saluting at Sea, either by firing of Guns, or striking the Flag, or Lowring of some Sail, must not be interpreted as some sign of subjection, but méerly for an outward testimony of Respect and Civility, which then with a Resolute and the like Civility is required: and foras­much as concerns the first saluting, whereof We only here shall make mention, it is conceived, since those com­monly first salute, that owne themselves inferiours in Rank and Worth to those they méet, although they are not under subjection to them, that Ships of Republicks méeting at Sea with Ships of War belonging to Crowned Heads (to which Republicks yield Superiority in the World) must give the first salute either with one or other sign of respect; which respect notwithstanding ( as all other Acts of Civi­lity) must procéed from a free willingness, and an uncon­strained mind, in those that shew the same: yet it hath often been seen, that the strongest at Sea hath forced the weakest to this submission; and that likewise the necessity and manner thereof hath béen expressed in Articles.

Such is likewise concerning the same agréed on betwixt the King of England and this State in the said Ninteenth Article, in conformity to former Articles, as well conclu­ded with the present King as the Protector Cromwell, that the Ships and Vessels of the United Provinces set out to Sea as well for War and defence against Enemies, as others, which at any time should meet in the British Seas with any of the Ships of War of the King of Great Britain shall strike their Flag, and lowr their Top-sail, in the like manner as formerly hath been customary.

To apprehend the true sense of that Article (as it ought to be) let the Reader be pleased to take notice, that the same procéeded originally from the Articles betwixt this State and the Protector Cromwell, concluded in the year 1654. and that at that time the same was not expressed in such terms, as after a long debate of some words which the [Page 48] Protector Cromwell would have added thereunto, thereby not only to oblige single Ships, but entire Fleets of the States to the said Salute, in case of méeting with any of the Ships of War belonging to England; which words after­wards upon the earnest instance of the Ministers of this State, were left out of the said Article; so that the afore­said Nineteenth Article, drawn ont of the tenth Article of the Peace in the year 1662. which tenth Article on the Kings side was delivered in out of the thirteenth Article of the year 1654. must not be so understood that an entire Fleet of the States, by vertue of the said Article, shall be obliged to give the said Salute to one single Ship of the English: but the said Article must be taken for a Regula­tion, according to which single Ships and Vessels of this State in point of saluting the Ships of England are to go­vern themselves.

Now to apply the said Article ( according to the true sense) to the late accident of the Lord of Ghent; it is in the first place to be observed, that the King of England's Pleasure-Boat ( suppose, in respect of her Equippage, it must pass for a Ship of War, which we will not dispute) not having met with any single Ships or Vessels of the States, but coming in amongst a Fleet, then riding at Anchor ( undoubtedly with a wicked design to séek matter of Com­plaint) it with no fundamental reasons can be maintained that the Lord of Ghent, by vertue of the said Article, was obliged to strike.

Secondly, It is likewise considerable, that the afore­said Article speaking of meeting, cannot be applied to a formed design, to cause a Quarrel by requiring in the un­civillest manner in the world an act of Civility and Respect.

And lastly, It is notorious that the said accident hap­pened in the North Sea, not far from our own Coast; as likewise it is well known, that the North Sea is not the British Sea, not only because in all Sea-plats ( yea in the English Map it self) it is distinguished from all other, but also and especially ( which in this case is an invincible Ar­gument) by reason the same in the seventh Article of the [Page 49] Treaty of Breda are distinctly mentioned one from the other, where it is expresly said, that All Ships and Mer­chandizes, which within twelve days after the Peace are taken in the British Sea, and the North Sea, shall continue in propriety to the Seizer; out of which it plainly appears, that, even according to the King of England's sense, the North Sea differs in reallity from the British Sea; but (vice versâ) that the North Sea is made the British Sea, and consequently that distinct things are confounded toge­ther, where there is a design to raise commotions and di­sturbances in the world.

And though their High and Mighties might have kept to the Nineteenth Article of the said Treaty, according to the true original interpretation, yet they declared to the King of Great Britain, that upon the foundation and condition of a firm friendship, & assurance of a real and sincere perfor­mance thereof ( upon the fifth Article of the Triple Alliance, in case France should fall upon this State) they would wil­lingly cause the entire Fleet, when they should at any time méet with any Ship or Ships of War, carrying his Maje­sties Standard, to strike the Flag, and lowr the Top-sail in testimony of their Respect and Honour, which they upon all occasions will publickly shew to so faithful a Friend, and so great a Monarch; Provided that from thence no occasion, either now or hereafter should be taken, or the least inducements given to hinder or molest the Inhabitants and Subjects of the United Provinces of the Netherlands in their Free use of the Seas: which Declaration the King of England wrongly interprets, because that the same is joyn­ed with the true performance of the Triple League, that is, with his Honour and Word; as also with the assurance that no prejudice should be offered in regard of the Free use of the Seas: being an infallible argument that The King of England is as little inclined to leave us an undisturbed use of the Seas, as He is to kéep and perform his word.

I have already demonstrated the Iustice and Honour of his Majesties Arms. This Discourse gives me occasion to ma­nifest [Page 50] the Necessity thereof: All that is recited here, was alledged by the Dutch Ambassadours to our King; and if it appear hence, that His Majesty could not continue his Alliance any longer with the Dutch, unless He would abandon the Sove­raignty of the Sea, exchange his proper Rights into meer Ci­vilities (and those not to be enforced) and put Himself and his Dominions into the Power of the Dutch: there is none then can doubt but That the King was unavoidably engaged into this War, by the insolence and arrogance of the treacherous and usurping Hollanders, and that He did not seek or feign pretensions to quarrel with them.

The Nineteenth Article of the Treaty at Breda doth run thus.

That the Ships and Vessels of the said United Provin­ces, as well Men of War as others, meeting any Men of War of the said King of Great Britain's in the British Seas, shall strike the Flag, and lowre the Top-sail in such manner as the same hath béen formerly observed in any times whatsoever.

This Article was transcribed out of a former Treaty made betwixt O. P. and the States General: and he was the first that ever inserted any such Article into any Treaty; our Right and Dominion over the British Seas having never been disputed before, but by an immemorial prescription and possession transmitted unto us, and supposed as unquestionable by all Princes: these ungrateful Dutch are the first that con­troverted it, disowning it in the time of the late Wars (when our Civil distractions rendred our Prince unable to attend unto the Maritime Dominion, and to curb their growing pride) yet was the long Parliament so concerned to preserve the Rights of this Nation, that they made an Ordinance, April 5. 1643. commanding their Admiral and Comman­ders at Sea to inforce all persons to pay the usual and due submissions unto the Men of War appertaining to this King­dom. And the pretended Republick here did vigorously, and by a dreadful War assert the said Soveraignty of the Seas. So that it ought to be deemed the concurring sentiment of All parties in England, that These submissions by striking the Flag, [Page 51] and lowring the Top-sail, are not meer Civilities and unneces­sary Punctilioes of Honour, and vain-glory, but a fundamental point, whereon the Being of the King and Kingdom is in great part suspended: and it hath been so studiously insisted on by our Princes, that for above Four hundred years it hath been a Clause in the Instructions of the Admiral and the Com­manders under him, tha [...] in case they met any Ships what­soever upon the British Seas, M. S. Commentar. de rebus Admiral. f [...]l. 28. S [...]lden ma [...]e clau [...]m. lib. 2. c. 26. that refused to strike Sail at the Command of the Kings Admiral, or his Lieutenants, that then they should repute them as Enemies (without expecting a declared War) and destroy them and their Ships, or other­wise seize and confiscate their Ships and Goods. And these Instructions have been retained in use, as well since the Treaty of Breda, as before it. The like Instructions are given by the Venetians to their Captains in reference to the Adriatick Sea; and by several other Princes.

It is manifest, and agreed upon by the Considerer, that this Article must decide the present Controversie, and 'tis no less evident that this Article doth decide it to their preju­dice, and that they are inexcusable as to the breach thereof. I will not stretch the words of the Article so far, as to infer, that they ought to strike Flag in acknowledgment of the Sove­raignty of the Sea, since otherwise they do not strike it in such manner as the same hath been formerly observed in any times whatsoever, though the words oblige them not only to the thing, but circumstantiate the manner of it. Let their sentiments be free; but yet let us see how they comply with the Article, as to matter of Fact; They say that O. Cromwell would needs after a long debate have those words put in, whereas the Article was otherwise penned at first. But this allegation is impertinent; since we now enquire not into What was at first debated, nor insist upon the first draught of the Treaty, but what was at last ratified and con­firmed on both sides: For 'tis thence ariseth the Obligation. Secondly, They say, that by the earnest instance of their Mini­sters, O. Cromwell was so far prevailed upon, as to relax that Article, and leave out the said words: and therefore the Ar­ticle must not be so understood, as if an entire Fleet of the [Page 52] States by virtue thereof should be obliged to give the said sa­lute to one single Ship of the English; but the said Article must be taken for a Regulation, according to which, the single Ships and Vessels of their State, in point of saluting this Ship of England, are to govern themselves. To this I reply, that it is not credible, nor believed here by any that were privy to the transactions of O. Cromwell, that ever he consented to any such alteration in the said Article: There is no proof of any such thing alledged, and 'tis notoriously known to all our Admiralty, that he never did vary his Instructions and Commissions in the Navy, but enjoined them, as before, to en­force all Ships to strike, without regarding whether they were entire Fleets, or single Ships: And I think this to be a demonstration of the falshood of the Dutch in this sug­gestion. Lastly, I find the Articles of peace published at Am­sterdam in 1655. in Latine, where is not any such thing to be seen, as is here insinuated.

This is sufficient to disprove this impudent forgery of the Considerer; but had any such thing intervened betwixt the State and O. P. if it do not appear, that His Majesty did make the like accord, how comes it to pass, that the ex­pressions of his Majesty must be construed by the sense of Cromwell? If this Notion of exempting Fleets from saluting any single Man of War, were never thought upon, nor mentioned, much less debated and deci­ded at the Treaty of Breda, doth not common Equi­ty and Reason oblige the Dutch to acquiesce in the [Page 53] plain sense of the words, and not to distort or pervert them by far-fetch'd interpretations and evasions? In the [...]5th Article at Breda, it was agreed that both parties should truly and firmly observe the League. And Article 36. that the confederacy should be duly, and bonâ fide, observed. It is usual in the last Articles of Trea­ties, or in the Ratification, for Princes to ex­press that they do sign, consent, and ratifie the Agreement in its true, proper, and most genuine sense: or, sincerely, and bonâ fide: and where it is not so declared, yet it is understood in all Contracts, Principum contractus omnes sunt bo­nae fidei— fides exuberantior requi­ritur in contractibus principum, ut ip­se ait Baldus.— Non strictum hic jus, aut juris rigorem sectabimur: sub quo plerumque erratur perniciosè. Non ad­mittemus disputationes subtiliores, deque apicibus juris: quae aequi & bo­ni ratione praetermissâ, res examinare ad vivum solent. Quales isti esse de­bent contrahentes, tales sint: quoniam & tales creduntur. Et itaque fraude [...] omnes absint, & exceptiones omnes subtilis juris cessent, tantum (que) dica­tur quod principem deceat. Albericus Gentil. (ex communi sententiâ J.C.) de jure belli, l. 3. c. 14. & ib. lib. 2. c. 4. Zouch. de jure faeciali, part 2. sect. 4. Grotius de jure belli, l. 2. c. 16. sect. 20. but more especially in the Contracts of Soveraign Princes; and Charles V. and Lewis of France are blamed for making use of those little shifts and elusions of Treaties, which better be­come a Pettifogger, than a King. This is the common Tenet of the Civil Lawyers, and conso­nant to the Law of Nations. It is true there lies a ready Evasion; for All this is averred concerning Princes and their Contracts; but the Dutchmen have nothing that is Royal a­mongst them, their High and Mighties are not Princes, and they have different jura Ma­jestatis, as they have different ends from the generous and sincere part of mankind. After an impertinent Harangue concerning God, Piety, Protestancy, they are absolved from giving honour to them unto whom honour is due, Reverence to whom reverence; or Right to whom right: They can plausibly recede from, and evert an Article that is prejudicial to their Interest and insatiable Ambition, and impudently exempt Fléets from amongst the number of Ships. Such men presume strangely upon their power, or the stupidity of the world, that impose there­on such Glosses as these. There was no such word mentioned, no such interpretation pro­posed at Breda, much less assented unto. The common usage of that Naval term admits not thereof, and the immemorial practice at Sea to the contrary doth sufficiently refute this senti­ment. [Page 54] The Ambassadours had no power delega­ted them to part with such a Regality; and perhaps it may be said, that the King himself hath no such Authority as can devest the Crown thereof. Summo consensu prudentjum traditur, istiusmodi jura, quae Coronae annexa sunt, ita [...]ut ab eâ divelli nè quidem per ipsum Principem queant, nec lapsu temporum, nec ullâ conventione posse praescribi, aut usucapi, quin quando (que) ad pristinum statum revocari possin [...]. Nec successores ex tali contractu obli­gantur. Ianninus apud D. Baudium de induc. Belgic. l. 3. However, if any such thing had been done, had such a sense been admitted of, or in­tended by the Dutch, Why did not They urge it sooner, and demand that the Instructions to our Admiral and the Commanders at Sea should be changed from what they have been during the space of above four hundred years? Their High and Mighties have very much prejudiced them­selves in the opinion of all prudent men by so long a silence; and in the judgment of all honest persons, by remonstrating thus now, since thereby they declare that to be the right sense of the Article, which is indeed Non-sense, and that to be Iustice which is, as notorious an Usurpation as any Chronicles inform us of.

But lest this sense of the Article should not be admitted of, They say further in defence of themselves, that since in the judgment of the King of Great Britain, the striking of the Flag, and the acknowledging the Soveraignty of the Sea are equipollent things, and that by the one His Majesty understands the other, they cannot consent to the striking of the Flag, lest it should be construed to a yielding him a Soveraignty and Dominion over the Sea: which is too much for these High and Mighty Zealots, and such Pro­testants, that, abominating all Image-worship, cannot endure any Monarchs, because they are (as I may say) visible Dei­ties and Mortal representations of that One God, who providentially rules the Vniverse; nor can they tolerate their Usurpations upon the Rights of God Almighty, who is alone Soveraign of the Sea.

If I were not in haste, I would animadvert upon that passage of the Considerer, whereby he intimates, that All absolute Princes are Usurpers, Governing their Lands and Territories, per Gratiam Dei, by which the King of Eng­land [Page 55] usurps the Dominion of the Sea: In another place, he intimates as if all Princes were Tyrants, and all Monarchy Tyranny: In a third, he detracts from Monarchy, alledging that Monarchs are generally swayed by their wills and lusts, and that the most efficacious reasonings of Princes and Mo­narchs are their Arms: Such insinuations as these ought to exasperate all Princes against them; and indeed this other controversie about the Dominion of the Sea extends not on­ly to the King of England, but to the Kings of France, Spain, Portugal, Sweden, Denmark, &c. to the Republicks of Venice, Genoa, &c. All which are no less notorious Usur­pers than his Majesty of Great Britain: and if the King of England be an Usurper upon the Rights of God, by exercising a Soveraignty over the British Seas, the Dutch have contributed very much to such Vsurpation, by permitting him to con­tinue it so long: Illud unum inter alia praecipuè per­pendendum, foedus Hollandiae, Zelan­diae, Frisiae, Ostendae, & Slusae, cum suae Majestatis regnis unitum proculdubio plenum magni maris dominium, & perpe­tuam certam (que) suae Maiestatis subdi­tis salutem atque prosperitatem esse allaturum. A. E. Meteran. hist. Belg. ad an. 1585. When they were the Di­stressed States, and tendered the Soveraign­ty of their Provinces to Queen Elizabeth, their Embassadors urged this unto Her as one inducement, that Thereby She might ensure her self of the Dominion of the Great Ocean: From whence any English­man may collect, How much it importeth Us, that these Hollanders be rather Distressed, than High and Mighty.

Concerning the Dominion of the Sea, that we may the better understand the Controversie, and the justice of his Majesties demands, 'tis requisite that we distinguish upon the word Dominion, which is equivocal. Dominion im­ports one thing in respect to Iurisdiction and Protection, which the Doctors of the Civil Law call Soveraignty or Vniversal Dominion, such is that of a Prince over the per­sons and estates of his Subjects: And another thing in re­ference to Propriety, which they term particular Domini­on, whereby any private person is invested in his Goods and Estate. Thus the King of England hath an Vniversal [Page 56] Dominion over the British Seas, whilst yet his Subjects retain their proprieties in their several Fisheries.

Ioan. Palatius de domi­nio Mari [...]. lib. 1. c. 11.The effects of this Dominion Vniversal, or Soveraignty which accrue to a Prince, are these,

1. Not only the Regality of the fishing for Pearl, Co­ral, Amber, &c. but the direction and disposal of all other Fish, according as they shall seem to deserve the regards of the publick: as in Spain, Portugal, &c. is used.

2. The prescribing of Laws and Rules for Navigation, not only to his own Subjects, but unto others Strangers, whether they be Princes of equal strength and dignity with himself, or any way inferiour. Thus the Romans did con­fine the Carthaginians to equippe out no Fleets; and for­bade Antiochus to build any more than twelve Ships of War. Grotius de jure belli. l. 2. c. 3. sect. 15. The Athenians prohibited all Median Ships of War to come within their Seas, and prescribed to the Lacede­monians with what manner of Vessels they should sail. All Histories are full of such Presidents, which Princes have en­acted either upon agreements enforced upon the conquered, or Capitulations betwixt them and others (their equals or inferiours) for mutual conveniences.

Ioan. Palatius ubi suprà. Iulius Pacius de domi­nio Mari [...] Adriatici.3. The power of imposing Customs, Gabels, and Taxes upon those that navigate in their Seas, or otherwise Fish therein: which they do upon several rightful claims: As protecting them from Pyrates, and all other Hostilities, or assisting them with Lights and Sea-marks: For which ad­vantages, common equity obligeth those that reap benefit thereby, to repay it by some acknowledgment, which ought to be proportioned to the favour received, and the ex­pense which the Prince is at to continue it unto them.

4. As it is incumbent on a Prince, duly to execute ju­stice in his Kingdoms by land, so the Sea being His Ter­ritory, it is requisite and a necessary effect of his Do­minion, that He cause justice to be administred in case of maritime delinquencies.

[Page 57]5. That in case any Ships Navigate in those Seas, they shall Salute his floating Castles, the Ships of War, by loring the Top sail, striking the Flag, (those are the most usual courses) in like manner as they do His Forts upon Land. By which sort of Submissions they are put in re­membrance, that they come into a Territory wherein they are to own a Sovereign Power and Iurisdiction, and receive Protection from it.

These are the proper effects of a real and absolute So­vereignty over the Seas; which how they are possessed by the Venetians, this following account will shew.

The Gulf of Venice is nothing else but a large Bay, or inlet of the Sea, which entring in betwixt two Lands, and severing them for many miles continuance, in the end receives a stop, or interruption of further passage, by an opposite Shore, which joyns both the said opposite Shores together. It is called the Gulf of Venice, from the City of Venice, scituated upon certain broken Islands near unto the bottom thereof. It is also called the Adriatick Sea, from the ancient City Adria, lying not far distant from the former. From the entrance thereof unto the bottom it conteins about 600 Italian miles: where it is broadest, it is 160 miles over; in others but 80, in the most, 100. The South-West shore is bounded with the Provinces of Puglia and Abruzzo in the kingdome of Na­ples; the Marquisate of Ancona and Romagnia in the Pope's State; and the Marquisate of Trevisana in the Ve­netian State. The North part of it, or bottome, hath Friuli for its bounds; the North-East is limited by Istria, Dalmatia, Albania, and Epirus: whereof Istria doth not so intirely belong to the Venetians, but that the Empe­rour, as Arch-duke of Gratz, doth possess divers maritime Towns therein. In Dalmatia, saving Zara, Spalato, and Cattaro, they have nothing of importance, the rest belonging to Ragusa and the Turks; In Albania and Epirus, they possess nothing at all, it being entirely the Turk's. So that he, who shall examine the circuit of this Sea, which must con­tain above 1200 miles, shall find the shores of the Veneti­an Signory not to take up 200 of them, omitting some scat­ter'd Towns and dispersed Islands, lying on the Turkish side of [Page 58] the Adri [...]tick shore. For the securing hereof from the de­predation of Pirates, and the pretenses of divers potent Prin­ces, as the Pope, Emperour, King of Spain, and the great Turk, who have each of them large territories lying there­upon; also to cause all ships which navigate the same, to go to Venice, and there to pay Custome and other duties, the Republick maintains continually in action a great number of Ships, Gallies and Galliots, whereto also they adde more, as there may be occasion; whereof some lye about the bottom of the Gulf in Istria, others about the Islands of Dalmatia, to clear those parts of Pirates, who have much infested those Seas: others, and those of most force, have their stations in the Island of Corfu, and Standia: in the first of which com­monly resides the Captain of the Gulf, whose Office it is to secure the Navigation of the Gulf, not only from the Cor­saires, but to provide that neither the Gallies nor ships of the Pope, the King of Spain, nor great Turk, do so much as enter the same, without permission of the Signory, and upon such conditions as best pleaseth them; which they are so careful to effect, that in the Year 1638. the Turkish Fleet en­tring the Gulf without license, was assailed by the Veneti­an General, who sunk divers of their Vessels, and compelling the rest to fly unto Valona, he held them there besieged, al­though the same City and Port whereon it stands, be under the jurisdiction of the Grand Signior. And notwithstand­ing that a great and dangerous War was likely to ensue there­upon, betwixt the Grand Signor and the Republick, be­cause the Venetian General, being not content to have chased them into their own ports, did, moreover then that, sink their Vessels, and landing his men, slew divers of their Mariners who had escaped his fury at Sea: yet, after that, a very ho­nourable Peace was concluded again betwixt them, wherein, amongst other things, it was agreed, that it should be law­ful for the Venetians, as often as any Turkish Vessels did, without their license, enter the Gulf, to seise upon them by force, if they would not otherwise obey: And that it should likewise be lawful for them so to do, within any Haven, or under any Fort of the Grand Signors, bordering on any part of the Venetian Gulf. — In the Year 1630▪ [Page 59] Mary sister to the King of Spain, Joan▪ Palatius de do­min. ma [...]is. lib. 2. c. 6. being espoused to the Emperours Son Ferdinand, King of Hungary, the Spa­niards designed to transport her from Naples in a Fleet of their own. The Venetians suspected that they had an intention hereby to intrench upon, and privily to undermine, by this specious president, that Dominion of the Sea which the Signory had continued inviolate time out of mind; and that they took this opportunity when Ve­nice was involved with a War abroad, and infested with the Plague at home, and therefore not in a con­dition to oppose their progress. The Spanish Embas­sadour acquainted the State, that His Masters Fleet was to Convoy the Queen of Hungary, being his Sister, from Naples to Triesti: The Duke replied, That her Majesty should not pass, but in the Gallies of the Repub­lick: The Spaniard repined thereat, pretending that they were infected with the Plague. The Senate being consulted, came to this resolution, That the Sister of his Catholick Majesty should not be transported to Triesti any other way, then by imbarking on the Venetian Gal­lies, according to the usual manner of the Gulf; and that, if the Embassadour would acquiesce herein, Her Majesty should be attended, and used with all that respect and defe­rence which became her quality. But if she proceeded in any other way, the Republick would by force assert her pro­per rights, and attacque the Spanish Navy as if they were declared enemies, and in hostile manner invaded them. Where­upon the Spaniard was compelled to desire of them the favour of transport the Queen in their Gallies, which An­tonio Pisani did peform with much state and Ceremo­ny: and the courtesie was acknowledged by solemn thanks from the Court of the Emperour, and of Spain.

Ioannes Palatius doth furnish me with many more cases wherein the Venetians have practiced immemorially, and Forreign Princes approved of their Soveraignty of the Adriatick Sea; and had our Nation been hitherto as prudent in the perpetual vindication of their Rights, as that Republick, His Majesty had not been put to this [Page 60] trouble, nor his Subjects endangered, as they are, by this War with Holland. Howsoever, 'tis manifest that they did alwaies immemorially challenge the Dominion of the Brittish Seas, and have never abandoned that Regality, but so as to preserve their Right unto it by the exerci­sing of several Acts that result from the entire Dominion of the said Seas.

1. As to that Vniversal Dominion which is inferred from the Protection of the Seas. It is evident that our Admirals by their Commissions have ever been encharged with the Guardianship and Protection of the said Seas; and they were styl'd of Old Guardians of the Seas: S [...]lden. mare clausum, l. 2. c. 14. the de­nomination of Admiral is more modern. But with the Name, their Power and Instructions were not varyed, they being still designed pro salvâ custodiâ & defensione Maris: And there was a particular Tax raised on every Hyde of land in this Kingdom, called Danegeld, at first exacted by the Danes in lieu of their protection of the said Seas, Id. ibid. c. 11, & 15. and continued after their ejectment, by our English Kings before and since the Conquest unto the Reign of K. Stephen and Henry II, for the Guardianship of the Seas: and after that the Danegeld was abolish'd, several Lands were charged particularly for the defence of the Seas: and Subsidies have been demanded of the people to the same purpose.

2. As to that Dominion of the Sea which is exemplified by Acts of Iurisdiction, it is manifest that the English have been immemorially prossessed thereof. Thus Edward the First made Laws, for the reteining and conserving of the ancient Superiority of the Sea of England, and for the maintaining of Peace and Justice amongst all people, Id. ibid. c. 24. what Nation soever, passing thorough the Sea of England; and to take cognizance of all attempts to the contrary in the same, and to punish Offenders, &c. In the like manner did his Royal Predecessours. And the so famed Laws of Oleron (an Island seated in Aquitaine, at the mouth of the River Charente) were published in that Isle by King Richard the First, as sole Ruler and Mode­rator of Sea-affairs; which hold in force to this day, [Page 61] and are the Laws of our Admiralty. Selden. mare clausum, l. 2. c. 15. And this Dominion is further elucidated from hence; that Our Kings (as appears by the Parliamentary Records of King Richard the Second) imposed a Tribute, or Custome, upon every Ship that passed thorough the Northern Admiralty, which stretched it self from the Thames mouth along the Ea­stern shore of England towards the North-East, for the pay and maintenance of the Guard or Protection of the Sea. Nor was it imposed onely upon the Ships of such Merchants and Fishermen as were English, but upon any Forreigners whatsoever: no otherwise then a man that is Owner of a Field, should impose a yearly revenue or rent for the liberty of Thorow fare, or driving of Ca [...]tel, or Cart, thorough his Field: And if any were unwilling to pay the said Tribute, it was lawful to compel them; there being certain Officers that had authority to exact it, having the command of six Ships, men of War. The Original record is penned in the Norman language (as were almost all Records of Parliament in that age) and is thus Englished.

This is the Ordinance and Grant by the advice of the Merchants of London, Rot. Pa [...]i. 2 [...]. [...]. pa [...]. 2 Art. 3 [...]. in Sene­du [...]. and other Merchants towards the North, by the assent of all the Commons in Parli­ament, before the Earl of Northumberland, and the Mayor of London, for the Guard and tuition of the Sea, and the Coasts of the Admiralty of the North, with two Ships, two Barges, and two Ballingers, armed and fitted for War, at these rates following:

First, To take of every Ship and Bark, of what burthen soever it be, which passeth thorough the Sea of the said Admiralty, going and returning, for the Uoyage, upon every Tun VI ^l. Except Ships laden with Wines, and Ships laden with Merchandises in Flan­ders, which are fraighted for and discharged at Lon­don; and Ships laden with Woolls and Skins at London, or elsewhere within the said Admiralty, which shall be discharged at Calais: which Ships the Guar­dians of the said Sea shall not be bound to Convoy without allowance.

Item, To take of every Fisher-boat that fisheth upon the Sea of the said Admiralty for Herrings, of what bur­then soever it be, for each wick, of every Tun VI ^d.

Item, To take of other Ships and Fisher-boats, that fish for other kinds of Fish upon the Sea, within the said Admiralty, of what burthen soever they be, for three weeks, of every Tun VI ^l.

Item, To take of all other Ships and Vessels passing by Sea, within the said Admiralty, laden with Coals from New-Castle upon Tyne, of what burthen soever they be, for a Quarter of a year, of every Tun VI ^l.

Item, To take of all other Ships, Barks, and Uessels, passing by Sea, within the said Admiralty, laden with Goods of any Merchants whatsoever for Prussia, or for Norway, or for Scone, or for any other place in those parts beyond the Sea; for the Uoyage, going and returning, every Last VI ^•.

The Imposition here laid upon all Fishers that took Herrings, or other Fish, upon the Sea within the Northern Admiralty, sheweth the Antiquity of the right his Ma­jesty hath unto that Regality within the Brittish Seas: but the benefits accruing to the Crown from this speci­a [...]ty of the Maritime Dominion, were not alwaies raised in one and the same manner. In the Ordinance aforesaid the Fishermen purchase their Liberty of Fishing, by a sum of mony to be paid weekly. At other times I read that the Hollanders, and Zealanders, every year did repair to Scarborough Castle, [...] and there, by ancient custome, obtained leave to Fish, which the English have ever granted them, reserving alwaies the Honour and Priviledge to them­selves. Amongst the Records of the time of Edward the First, there is an Inscription, Pro hominibus Hollandiae, &c. For the Men of Holland, and Zealand, and Friesland, to have leave to Fish near Iernemuth; R [...] Pa [...]en [...]. [...]3. [...]dw. 1. [...]. 5. and that King's Letter for their Protection is extant. And if we do not continually vend of special Licenses granted to Forreign­ers in reference to the Fishery; the reason is, because by the Leagues that were made with the Neighbouring Princes, a License or Freedome of that kind (as also of [Page 63] Ports, Shores, Passages, and other things) was so often allowed by both Parties, that as long as the League was in force, the Sea served as if it were a common-Field, as well for the Forreigner that was in Amity, as for the King of England himself, who was Lord and Owner. But yet in this kind of Leagues sometimes the Fishing was restrain'd to certain limits; and the limits related both as to place and time: so that, according to agreement, the Forreigner in Amity might not Fish beyond these limits; the King of England retaining absolute Dominion over the whole adjoyning Sea. Thus by an Agreement betwixt France and England, the French are excluded from that part of the Sea which lies towards the West and South­west, and also from that which lies North-east of them; but permitted freely to Fish throughout that part of the Sea, Selden. ma [...]e ela [...] 2 c 25 ex Rot Francia, 5 [...]en. 4. 29 Septemb. which is bounded on this side by the Ports of Scarborough and Southampton, and on the other side by the Coast of Flanders, and the mouth of the River Seine: and the time is limited, betwixt Autumn, and the Ca­lends of Ianuary following. But in the League of mutual Commerce betwixt Henry the Seventh, and Philip Duke of Burgundy, &c. Earl of Holland and Zealand, A. D. 1459. Chap. 14. Jo. Isaac Pontanu [...] dis­cust. Histor. l. 1. c. 14. It was agreed that the Fishermen of each parts of what condition soever they be shall Sail and pass freely every where, and Fish securely without any impediment, License, or Safe-conduct. From the which Leagues it is a genuine inference, that His Majesty hath the Dominion of the Seas as to Fishing, and that the Liberty thereof is not to be obtained but by License, or Compact, wherein the general emolument arising from the League supplieth the advantage that would otherwise accrew from particular Licenses. It being thus evinced that the Soveraignty of the English Seas, as to the Fishing, doth appertain unto His Majesty. I proceed to Scotland, where I find the same power invested in the Crown thereof; so that the Right of His Majesty unto the Fishing there is as un­questionable as His Succession to the Kingdom. I have not read in the Scotch Laws, that ever there were Li­censes given to any for Fishing; but every Fisher, as well [Page 64] Forreigner as Native, was to pay an Assize-Herring unto the King, and this Assize-Herring is an unalterable Regality of that King.

Iacobi 6. p. 15. c.237.

It is Statute and Ord [...]ined that all infestments and alienations in Few firme, or otherwies, and all rentalls, assedationes and disposition [...]s quhatsumever, in all time by gane, and to cum, of the Assise-Herring, is null and of nane availe: Because the said Assise-herring perteinis to our Sovereigne Lorde, as are part of his custumes, and annexed property.

Concerning the Nature and Antiquity of the Assize-Herring, I find this most authentick account given by Mr. Iohn Skene Clerk of the King's Register, Council and Rolls, in a treatise de verborum significatione, annexed to the Laws of Scotland, and Printed at Edinburgh, A. D. 1597. Cum privilegio regali.

¶ Assisa Halecum, the Assize-Herring signifies ane certaine measure and quantity of Herring, quilk per­teinis to the King as ane part of his custumes and an­nexed propriety. Jac. 6. p. 15. c. 237. for it is manifest that Hee shuld have of every Boat that passis to the drave, and Slayis herring, ane thousand herring of ilk tak that halds, viz. of Lambmes tak, of the Winter tak, and the Lentrone tak.

What Dues and Customes the Kings of Scotland had upon other Fish, I know not, but that He did exact some, and exercised the Dominion of the Sea in reference to the Fishing there, is apparent by these Laws, ordaining, That all manner of Fischeres, that occupies the Sea, Selden. l. 2. c. 11. ex Par­liam. 4. Jac. R. 6. c. 6 [...]. & Parl. 6. ejusdem c. 86. and [...]theres persons quhatsumever that happenis to s [...]ay Hering or Quihte fish upon the Coast, or within the Iles, or out with the Samen within the Frithes bring them to Free ports, &c. where they may bee sold to the Inhabitants of the same kingdome, quhui [...] by his Maje­sties custumes bee not defrauded, and his Hienesse Lieges not frustrate of the commodity appointed to them by God under the paine of confiscation, and tynsell of the Ueschelles of them that cumes in the contrair thereof, [Page 65] and escheating of all their movable guddes to our Sove­raigne Lords use.— In this condition were the Rights of the Fishing until the Dutch did advance them­selves to that height and puissance, that they esteemed themselves able to infringe them, and such was their Covetousness (which prompts them that are infected therewith to value the smallest and most unjust Gains) that they determined to do it.

In the year 1594. Iames VI. King of Scotland, Grotius hist. Belgic. l 3. ap­prehending the growth of these Netherlanders, and their influence upon the English Nation by reason of the multitudes of our Nobility and Gentry which resorted thither into the Armies, and being desirous to fortifie by all possible means His right of succession to the Crown of England, invited the States to be God-fathers to his Son, Prince Henry, together with the Kings of France and Denmark, and Queen Elizabeth: they sent a splendid Embassy Walravius van Brederode being prin­cipal, and so richly presented the Royal Infant, that they much endeared themselves to King Iames, and no less exasperated Queen Elizabeth, in that they should dare to rival her at the Baptisme of the Prince, and also de­mean themselves with so much munificence, or rather pro­digality. King Iames, either out of interest to ascertain himself of their Friendship, or being captivated by their Presents and Flatteries, granted (but not by any Deed, that I know) unto the Dutch, the Priviledges which had been formerly granted to the Belgick Provinces, upon Leagues betwixt the House of Burgundy and England, in reference to the Fishing; whereby, according to Articles made with Philip of Burgundy, and with Charles V. they were to Fish in the Brittish Seas without any impediment, or the sueing for a special License. It was by vertue of the same Treaties and Confederacies with the House of Burgundy, that Q. Elizabeth did permit them the Fishing of our English Seas: for that Queen did alwaies pretend and declare, A. E. M [...]teran. hist. Bel­gie. ad an. 1585. Cambden ad an. ind. that by reason of sundry Alliances betwixt England and the House of Burgundy, she did aid and support the Netherlands. At first, the Dutch, either out [Page 66] of pure respect (a rare quality in that sort of people) or be­cause their Busses were not so very numerous as in the subsequent times, did Fish at a good distance from the Land; and, leaving convenient space for the Natives of Scotland to pursue their small employment in the Fishery, there was no notice, or at least no complaints against them upon that subject: But when a series of prosperous successes (gain'd by the English and Scotch valour) had raised the Dutch to a great power at home, and renown a­broad, and that their Ships became exceeding numerous, and their Fleets potent; and Queen Elizabeths death had advanced a more peaceable Prince to the English Crown, They began to encroach upon the English and Scottish shores, to disturb the Natives in their Fishing, not leav­ing them so much Sea-room upon their Princes Coast, as to take any Fish, but such as were the gleanings of the Hollanders Busses; who driving at Sea do break the skull or shole of Herrings, and then they flie near the shore, and through the sounds. I find King Iames to have com­plained against their insolence, and the encroachments of the Dutch Fishermen upon His Seas, and to the prejudice of His Subjects: But that Prince dealt most in Remon­strances, an ineffectual course with Hollanders, and equip­ped out no Ships to assert his rights on the whole Brittish Seas: at last in 1609. He established Commissioners for to give Licenses, at London, to such as would Fish on the English Coasts; at Edinburgh, for such as would Fish in the more Northern Sea: and by Proclamation interdicted all un-licensed Fishers. The Licenses were to be demanded yearly for so many Ships, and the Tonnage thereof, as should intend to Fish for that whole year, or any part thereof, upon any of the Brittish Seas; and the Offen­ders against the King's Proclamation to undergo due chastisement. But this Edict of his Majesty proved but a Brutum fulmen, an insignificant noyse and thunder; the Dutch contemned it, and grew more pervicacious in op­position to His Majesties Officers which came to disturb their un-licensed Fishing. The States did mingle their concerns with those of the Fishermen, and sent Wafters, [Page 67] or Men of War to protect their Busses against the Spa­nish Pirates, and to awe the Kings Officers. They re­fused to pay either the Assize-Herring, or to take Licen­ses; and in 1616. M. Brown being ordered by the Duke of Lennox (who, as Admiral of Scotland, was commanded to vindicate the Kings's Rights in those Seas) to insist upon the Assize-Herring (which was the King's Old and indubitable Right) they did contest about it, and after much dispute paid it according to the Laws and Customes of Scotland. All this appears out of several Memorials, pre­served in the Paper Of­fice; and some are print­ed with Mr. Selden's Mare Clausum in English. But the next year (being the year in which King Iames did gratifie that People with the Surrendry of the cautionary Towns) the Busses obstinately refused it, saying, They were commanded by the States of Holland to pay it no more. Mr. Browne wanting sufficient force to cha­stise their Wafters, did only take witness of this their refusal: whereupon the insolent Dutch seised the King of Eng­land's Officer, and carried him into the Netherlands, where He was detained a while. The King repeats His Complaints at the Hague, and to their Embassadors here at London; the Dutch amused him with Treaties, and sent Commissioners to London, not to submit, or adjust dif­ferences, but to heighten them: They pleaded A right of their own by immemorial prescription; and confirmed it with divers Treaties, viz. One of the year 1459, betwixt Philip of Burgundy, and Henry the Seventh. Another be­twixt Charles V. (as Duke of Burgundy) and Henry the Eighth: by both which it had been agreed, that the Subjects of the Belgick Provinces should Fish in the English Seas without impediment, and without License. But what influence have those Treaties upon the King­dom of Scotland? Or, how do they extend unto the Assize-herring? For those Capitulations do not leave them at liberty as to this point, any more than they ab­solve them from paying Customes? To observe the Laws, and pay the dues of a Country, are no illegitimate impe­diments of Fishing.

To proceed. Suppose we that the Subjects of the House of Burgundy had any such priviledges granted them by the said Treaties; what doth this concern the Rebels of the [Page 68] House of Burgundy? Aristoteles negat ean­dem esse Civi [...]a [...]em▪ Reipub. form [...] mu [...]a [...]â; sicut, inquit, Ha [...]monia non est eadem, ubi à Dorico modo transitur in Phrygium. Zouch de jure foeciali, part. 2. Sect. 1. qu. An Idem populus censendus [...] mulato [...]? What doth it concern the States General of the United Netherlands, who by their change of Government, and rupture from the majority of the Provin­ces, are no longer the same people? They have nothing to pretend unto but the Connivance of Q. Elizabeth, and the indulgence of K. Iames, during the time of their distress: nor doth the whole Age of their infant Republick amount unto an immemorial prescription: And, if in the said Treaties with the House of Burgundy, the Ancestours of His Majesty did think fitting, in consideration of other advantages accruing to them by the said agreements, to dispense with the Licenses unto Belgick Fishermen; where is this consideration now betwixt us and the Dutch? and, what hinders us to resume our Rights, when the rea­sons cease for which we parted with them to the generous and noble House of Burgundy; but to these Hollanders ne­ver? How come we to forfeit the Dominion of the Sea by such indults, whereas other Nations, French and Spani­ards, Lubeckers, &c. did pay? This plea being null, they had recourse to another, that by the Laws of Nature and Nations, the Sea was free. This defence seemed in­tollerable to K. Iames, and upon complaint of the Lord Embassadour Carlton at the Hague, they gave his Majesty this most satisfactory Answer: that the Commissioners went beyond their limits in their terms of Immemorial possession, and immutable Droict de Gens; for which they had no order. All that K. Iames could obtain from their now High and Mighties, was a verbal acknowledgment of His Right, whilest it was more and more invaded daily. The Prince of Orange at that time made a motion to the Lord Carleton, about purchasing the Freedom of Fishing with a Sum of ready mony. But He replyed It was a mat­ter of Royalty. The insolence growing every day greater and greater, and they proceeding to impede, obstruct and destroy the Fishery of his Majesties Subjects, King Charles the First did sollicite them about redress: and finding the States intractable, in 1636. He issued out a Procla­mation, to restrain the Fishing in the Brittish Seas with­out Licence obtained: and seconded it with a Fleet of [Page 69] Ships commanded by Algernon Earl of Northumberland, as Lord High Admiral of England. Who with much honour acquitted himself of that employment: the Journal of his expedition, signed with his own hand, is preserved in the Paper Office; and I find thereby, that upon the ap­pearance of the English Fleet, the Dutch Busses did take Li­censes of his Lordship, so that He distributed two hundred, though he went out late in the year. He exacted twelve pence in the Tonne from each Vessel; and avows they de­parted away well satisfied. The Busses were not defensless, as the Considerer sayes, but guarded by ten men of War, or more; and Aug. 20. 1636. whilest his Lordship was bu­sied in dispersing his Licenses the Dutch Admiral Dorp came to him, saluted him with loring his Top-sail, stri­king of the Flagg, and discharging of Guns, and came aboard of Him: He had in his company 20 Men of War, which (if joyned with the other Wafters) made a greater Fleet than that of the English, yet did he never protest against the actings of the said Earl, but left his Lordship freely to pursue his design upon the Busses. The summe which his Lordship received for Licenses was 501 l. — 15 s. —2 d; besides which at that time, I find that the Dutch payed to Capt. Carteret, Capt. Lyndsey, Capt. Slingsby, Capt. Iohnson, and Mr. Skinner 999 l. for Convoy-Mony.

It is not to be doubted but King Charles the first had vigorously asserted the English rights and Soveraignty of the Sea, the Earl of Northumberland being High Admi­ral, had not the Scotch troubles diverted his cares: the which troubles and wars were chiefly fomented by these peace-loving Christians of Holland, that he might not at­tend unto his Dominion of the Seas.

I observed in the perusal of the Iournal, that when his Lordship was returned and at anchour in the Downs, he received notice of the arrival of a Spanish Fleet of 26 sail near Dunkirk, who in the sight of Calais did their duties to his Majesties Ship called the Happy entrance.

Concerning the Scottish fishery it may not be imperti­nent to fortifie the rights of his Majesty: by shewing his Original Title to a great part of it; and it is this. [Page 70] The Kings of Norwey exercised an absolute dominion time out of mind over the Seas adjacent to Norway, Island, Shotland, Ioh. Pentan. discuss. hi­stor. l. 1. c. 21. and the Isles of Orkney, and in a manner o­ver all that part of the North Sea: nor could any for­reigner practise fishing there but by his leave and Li­cense, (the which License was renewed every seven years by the English) as appears by many Leagues and compacts betwixt that Crown and the English, and also betwixt it and other Nations: The old Inhabitants of those Scotch Islands are originally Norwegians, and speak that language. Id. ibid. l. 1. c. 17. The Islands Hebrides were conquered from the Norwegians by Alexander the third, King of Scotland, the dominion whereof was confirmed unto him by Magnus King of Norwey; and the said Cession rei­terated by Haquin King of Norwey unto Robert Bruce King of Scotland; But all this while Shotland and the Isles of Orkney remained in the hands of the Norwegi­ans, Id ibid. l. 1. c. 17. Selden ▪ mare clausum l. 2. c. 31. until Christierne the first, King of Denmark and Norwey did marry his daughter Margaret unto Iames the third, King of Scotland, and upon the marriage did make an absolute surrender of these Islands unto his Son in Law in the Year 1468. together with the jurisdictions thereof. As the Scotch title to those Seas is primarily dedu­ced from the Kings of Norwey, so their jurisdiction and Soveraignity over those Seas is the same, with that which those Kings possessed: But the Kings of Norway had an en­tire dominion and right of disposal over the fishing in those parts, Ioh. Pentan. discuss. hi­stor. l. 1. c. 21. so that none could come and fish there upon pain of death, without License obtained. All which is averred and proved out of the Danish records by Ioannes Isaeius Pontanus a Dutch writer, of Harderwick in Guilderland, and Historiographer to the King of Denmark. This dis­course doth further justifie the present King of England in his rights unto the Brittish Seas, in that He is not sin­gular in challenging the Dominion of the Seas, and the particular regality of the Fishing, the like having been im­memorially challenged by the Kings of Denmark and Nor­wey. Io. Loce [...]nius de jure ma­ [...]imo. l. 1. c. 9. The like Royalty as to fishing is practised by the Kings of Sweden, who hath in some of his Seas the tenths of the [Page 71] fish, elsewhere he disposeth of his Royalty by special Li­censes. The same is done in Spain, Jo. Palatius de domin. maris, lib. 2 c. 10. Jacob. Gothof [...]edus de Im­perio maris c. 8. & 12. and Portugal, Venice, &c.

This Universal Soveraignty and Dominion of his Majesty over the Brittish Seas, hath been acknowledg­ed by Forreigners time out of mind, (even safe conducts and pasports desired thorough His Seas) and is justified by the precedents of the Rhodians, the Romans and others, which to relate now were too prolix a work. As to the Right by which His Majesty holds this Soveraignity, it is a better Title then most Princes can shew for their King­doms and Principalities; Territoriu: dicitur de Terris & de Aquis. Al­beri [...]. Genil. de jure be [...]i l. 3 c 17. Arnold. in v [...]b. Territorium num. 2. Per hanc longissimam possessionem consecuti sunt venet [...], ut non [...]e­ncantur [...]itulum acqui­sitionis probate. Co­varru [...]ias in reg. posses­sor malae fidei pa [...]. 2. sect. 3. num. 7. & sect. 3. num. 2. Haec enim prae­scriptio non requirit ti­tulum sed vim habet ti­tuli. Cravet de antiq. temp. part. 4. sect. absolutis dif­ferentiis. n [...]mer. 9 Bor­chol in cap. un. quae sint re­gal. num. 27. & dicitur inducere T [...]tulum. The­saur. lib. 1. quaest. 8. numer. 11. & pa [...]ere praescrip­tionem juris & de jure, contra quam non ad­mittitur probatio. Cra­vet. dicto loco. num. 6 [...]. Peregr. lib. 1. de jur. sise. tit. 2. num. 65. cum aliis quos ibi allogant. Quoni­am aequipollet veritati, & pro veritate habetur. Borchol. d. loco. Arnold. in verbo Praescriptio num. 27. Julius Pacius de do­min. maris. Hadriat. Joan. Palatius de domin. Maris. l. 2. c. 10. Alberic [...]s Gen­tilis de jure belli l. 1. c. 22. Grotius de jure lelli lib. 2. c. 4. It is a prescription truly imme­morial: we cannot tell the Time when we had it not; nor by what degrees we arose up to it; But we can thus for­tifie it beyond that of Venice, that it was never disputed by any except the Dutch, and that within the memory of this present Age; and they so disputed it at first, as to ac­knowledge our Right, but yet to plead an exemption as to fishing (in nothing else) by vertue of the Capitulations of Intercourse betwixt the English and House of Burgun­dy: the vanity of which claim being so notorious, they at last began to be so impudent and insolent, as to renounce the Concessions of the Burgundians, and their own, and now to plead universally that the Sea is the Lord's, and not ca­pable of, or subjected to the Dominion of any Prince, or State. It is an unparalleld and most imprudent attempt for these up-starts to shake thus the Tenures not only of Kings, but even private persons, and to deny that an Immemorial quiet possession of a Land, or Territory (the Sea is called a Ter­ritory) is a just Title thereunto: whereas hitherto it hath been allowed by those that treat of the Laws of Nati­ons, that he who can alledge this, needs not to prove his Acquest and Title: That prescription doth not require any Right, but supplies it; and doth it self create a Right; nor ought there any proof to be admitted against it. Nothing is more received amongst Man-kind, then that Prescription and Long Vsage should be deemed equivalent to mutual pacts and the assent of the voisinage: And that practise seems to be adjudged to be legitimate, where all parties, though otherwise interessed to oppose it, do without any extraordi­nary [Page 72] awe, or other indirect motive, silently and peaceably acquiesce. Iephtha when the Ammonites demanded that the Israelites should surrender up the Cities held by them on that side Iordan; Judges 11.26. replied that the Israelites had posses­sed them three hundred years, during all which time the Ammonites had not redemanded them. The Law of Nati­ons doth generally allow a lesser space to authenticate a Prescription and just Occupancy: It is esteemed to have an Immemorial prescription, the contrary whereof no man can say He ever saw done, or heard related by others to have been done: Alleric. Gentilis de jure bell [...]. l. 1. c. 22. Livius lib. 34. Grotius de [...]ure belli l. 2. c. 4. sect. 7. and 'tis commonly declared that one hun­dred years of usage or possession do suffice to determine the controversie. Our case is such that I need not make use of this last plea (though so many allow of it; and Rome urged it against Antiochus) 'tis really Immemorial, and consequently as valid morally as if it had been confer­red upon us at the primitive distribution of Lands: except there can be produced most unanswerable reasons to the contrary.

I shall therefore examine the Reason all edged by the Dutch to invalidate this Prescription and long occupancy of his Majesty. The Considerer alledgeth but one; which is, That the Dominion of the Sea appertains to God alone, in the judgment of the States General; and the King of En­gland doth usurp upon the divine prerogative, by assume­ing it to himself. I answer, that in the judgment of them that are as intelligent and more honest then the States Ge­neral, The Dominion of God Almighty over the Land is as much appropriated to Him, as that over the Seas: Since that the same Scripture which saith that The Sea is his, and he made it: doth likewise inform us, that His hands prepa­red the dry land, Ps. 95.5. and that The Earth is the Lord's, and the fulness thereof; the world and they that dwell therein. Ps. 24.1. So that without a more express declaration, a more revealed will of God, we cannot conclude from the Text any thing else then the General providential Sove­raignity of God, which (where He doth not in a particu­lar manner publish his Will; as when He gave the Israe­lites the land of Canaan) doth no way enterfere with, or [Page 73] exclude Humane propriety: Otherwise the Earth must likewise be­come common, and All people live Free from Subjection to any Govern­ment. As to this last point, Cur in opprobrium ve­strum jactabitur hoc proverbium, quod edicta vestra tridua [...]a duntaxat sint? M. Schoockius de Imper. Marit. c. 30. I find M. Schoockius (a Belgick Profes­sour) to write, that 'tis proverbially said in the United Netherlands, That the Placaets of the States General are not in force beyond three days: But they ought not to oblige one minute, since the world and they that dwell therein are the Lords. Of all the Arguments which ever I read in behalf of the freedom of the Sea, this is the most Fanatical. If it were granted, that the Kings of England, France, Denmark, Sweden, &c. were Usurpers upon the rights of God Almighty, what Commission have these wicked Hollanders to vindicate them? Si qua Gens unquam tribus hisce peccatis, superbiae, luxuriae, ava­ritiae, aperto capite, ela­ [...]o brachio, & plenā animi dest natione, va­cavi [...]; nae, nos Belge longissimè eandem su­peravimus. Quorsum exaggerem Sodomae Gomorrha que peccata? Clamor eorum multus est, Gen. 18.20. Hoc uno forte distamus à verâ Sodomâ, quod hic pauperis, & egen. is manus confirmetur. M. Schoock. ib. c. 27. a people worse then Sodom and Gomorrah (if you believe M. Schoockius) the most unworthy Delegates in this world. Who made these Skellums to be of the Star-chamber? May they run before they are sent? Are all Apostles? But, to wave this foolish pretense; I will for the instruction of the more ignorant, remove such Objections as men of more High and Mighty reason then the States General, do press ve­hemently against the dominion of the Sea.

1. The nature of the Sea is such, Io Palatius de Domin. Maris, l. 1. c. 3. that it is in a perpetual flux, and never settles in any certain place; therefore it is not capable of being subjected under a certain dominion, possession, or prescription. I answer, that though it be not strictly and Physically the same, it con­tinues to be so Legally, and in respect of its Bottom, Sand, and Chan­nel. If this Objection were valid, even Rivers would not be subject to impropriation: they do continually flow, and, which is more, without reflux: and the same reason would render every man unca­pable of a Legacy, or Inheritance; because a constant transpiration varieth our bodies. Seneca. In idem flumen bis non descendimus: Neither do we twice swim in the same river, nor are we the same persons who attempt to swim twice within the same channel. Besides, a man may retain a propriety in things variable; as in mony lent, and to be re­paid in specie, not numerically. A man may have a right unto the Air, or Light, and an Action lieth in case of Nusance. And shall a remedy be allowed in case an encroaching Neighbour doth ob­struct the Light, or annoy the Air; and shall not a Prince take care that no Forein Fleets shall, without warning and license, approach his territories? Provision in this case is much more allowable, by how much greater the danger is.

2. There cannot be any peculiar and distinct bounds prefixed to particular dominions upon the Seas: and since nothing can be pri­vately possessed which is not bounded; therefore God and Nature seem to have ordained the Seas to be free, since it is not limitable. I an­swer, That the Inundation of Nile, and the Storms upon the Libyan [Page 74] Sands do render the bounds undistinguishable; yet are the Lands subject to propriety. Besides, the Shores, Promontories, &c. may stand as well for Sea-bounds, as Trees, Posts, Hedges, Rivers, &c. are bounds on Land: and where they fail, Imaginary Lines and Contrivan­ces may supply the defect; since we are no more in Contracts be­twixt Princes to expect rigour of Law (but Aequum & bonum) then in mixt Mathematicks indivisible Points and Lines. Several Leagues of this nature have been made betwixt Spain and Portugal, Sweden and Denmark. In fine, are not the Seas distinct, as the Hadriatick. Ligurian, Tyrrhene, and in the Articles of Breda the Brittish and North-Sea? yet are there no precise and Geometrical bounds to them.

3. If the Sea can be reduced under any dominion, then may the Commerce be hindered by the Proprietor of the same, as to such as He pleaseth. But Commerce ought to be free according to the Law of Nature, and Nations; and the denial thereof, (as also the denying of an innocent passage) or the laying an extraordinary Tax for License to pass, (which is in effect a denial of Passage and Commerce) is a just cause of War. Therefore the Sea ought to be free. I answer, that perhaps the pretence of wants not to be supplied but by Commerce is not serious and real; but if it be, it doth not follow that our dome­stick indigency and necessities are to be remedied by the detriment or injury of others, but we must purchase the opportunities of a sup­ply by complying with the conveniencies of our Neighbours. No man must trespass upon anothers ground, because He cannot other­wise attend unto his own utility. The freedom of Commerce and pas­sage are no solid Arguments, when insisted upon by Hollanders: both may be refused, if there be a suspicion of danger. I concur with Al­bericus Gentilis herein. I am of St. Austins mind (who held the opi­nion of Grotius in these cases) provided I may have befitting security that the persons trading or passing will not hurt me; Teneo cum Augustino, fi nec timend [...]m sit ne noceatur; & certum sit noceri non posse. Alb. Gentil. de jure belli, l. 1. c. 19 and that I be ascer­tained that they cannot hurt me. This is conformable to sundry Scri­ptural examples, and the Resolutions of all Ages, before and since Christianity. Nor doth the imposition of a Tribute for the Fishing, or erecting and preserving of Sea-m [...]rks, and Light-houses, or Con­voy-mony infringe the Liberty of Commerce, Iulius Pa [...]us de domin. Maris Hadriat. I. Palat. de dom. Maris, l. [...]. c. 13 but continue it with Se­curity. I do not find that the Dutch have contested thus about the Customs upon the Rhine, or plead that 'tis unlawful to pay Toll upon the passage of several High [...]ways and Bridges in order to the repair­ing of them: Eleganter Baldus in l. qu [...]dam. D. de rer di­vi [...]: a [...] mare esse com­mune q [...]o [...]d usum; pro­prietatem vero nullius; sed jurisdicti [...]nem esse Principi [...] de [...]ua jurisdi­ctione in praesentiâ agitur non de proprietate. Jul. Pacius de domin. Maris H [...]driat. yet a Logician of Holland would by the same reasons condemn those exactions, and deny tribute to whom tribute is due.

To conclude this point: After so many Treatises and fierce dis­putes concerning the dominion of the Sea, upon mature considerati­on, the Controversie is now reduced to this State: that as to property the Sea can fall to no mans dominion, by reason of its fluxile nature: but as to a Sovereignty of Protection, and Iurisdiction, whereby Tributes are imposed for the defraying of Convoys, providing of Sea-marks, &c. and Fishing: This may be assumed, and is lawful as to particular Seas, [Page 75] and Gulfs; but as to the vast Ocean, whose bounds are unknown, and whose extent makes the Sovereignty to be unfaisible, this is de­nied. Thus Io. Isac. Pontanus, Io. Isac. Pontanus discus. Hist. l. 1. c. 13. and others do decide the Controver­sie: And this decision establisheth the King of England's Right, whose Seas are not boundless, nor incapable of the aforesaid Domi­nion of Iurisdiction. Propitio ac mediis be­nedicente D. o, quam­diu salva erit Belgis faederatis haec Maris po­tentia, salua quoque erit respub. concidet verò & transibit in manum illius, qui ean­dem eripuerit & obti­nuerit. M. Schoockius de Imper. Marit. c. 28. Non debet verò haec ma­ris potentia ita intelli­gi, quasi vastus Ocea­nus, in quo nulli limi­tes definiri possunt, do­minii capax sit; sed quòd quidam Armis praeva­lentes, aut in eo Impe­rium affectârint, aut in Mari Mediterraneo, quod neutiquam cum Oceano ipso componi potest, reipsâ quoque Imperium illud exercu­erint, magis alios prohi­bendo illius maris usu, quàm reipsa, possede­rint, id. ibid. c. 2. Such a Dominion the Dutch Professour saith is practicable, and necessary for the Hollanders; thereby to secure their vast Trade into all parts of the world, and exclude others from Mer­chandising into the richest parts. From whence we may gather what we are to expect from the prevalence of the Dutch, viz. to be prohibi­ted trading through the Seas, but to what places, and on what condi­tions they please: And whilst our King shall be decried as an Usur­per of the Divine Right by challenging the dominion of the Sea; These Hollanders shall affect and assume (without any such Usurpa­tion) the dominion over the Seas. Which is all one in effect, the discrepancy is but verbal, and such as any one may see into, who is not infatuated with the specious and pious harangues of the peace-lo­ving Christians in Holland.

Another Argument enforced by Them here against his Majesties lawful dominion over the British Seas, is this; that since the Subjects of their State do only subsist by Commerce, and consequently by the Li­berty of the Seas; should they acknowledge the said Sovereignty of his Majesty and the effects and consequences thereof be reduced into practice upon them; they should be brought to such a condition, as to expect no less then an apparent and inevitable ruine after some time. And that, since the King of England challengeth not only the Channel, but also the North Sea, and a great part of the Ocean, as the British Sea; They should not be able to set sail out of their Ports any whither, but by the Grace and Favour of the King of England. —To this I reply, That the King of England by pursuing his own Rights doth them no wrong: But the Dutch by entrenching thereupon do his Majesty appa­rent injury, and violate all Divine and Humane Laws, whereby Propriety is established and secured to particular Princes and per­sons, and that community of all things by nature is by a Subsequent and intervenient Right limited and restrained. And that this may be done according to the Law of Nations, and the general Equity, no Divine or Civilian can deny or disprove: Probatur hoc fieri pos­se, quia mare cum sit nullius, naturali ratione proinde jure Gentium conceditur occupanti, u caetera quae communia dicuntur, l. 3. in pr. D. de acquir. rer. domin. § ferae vers. quod enim. Instit de rer. divis. glo. in § & quidem. In ver. communia. Instit. eod. Julius Pacias de dom. mar. Hadriat. and there is as to this case no difference betwixt the Sea and Land. There is not any inha­bility in the nature of the Sea, as is granted by their Writers (ex­cept as to the vast Ocean, and that too in reference to its utmost and unknown extent, not as to determinate parts of it) and is evident from the several Kings and Republicks which have heretofore, and do now engross the dominion of it. There is not any Divine Precept against it; no dictates of nature repugne thereunto: for whatsoever is common by nature may be imrpopriated by Occupancy: neither can there be a b [...]tter Title to such things then Occupancy, Prescription, and Custom. And that his Majesty hath this Title entirely, I have [Page 76] evinced, and Mr. Selden before me. Whereas They say, that should any such right be acknowledged to reside in his Majesty, they should not be able to Fish in the North-Sea, or to drive on their necessary Commerce by Navigation: This is no argument for their unjust actings; any more then it would justifie upon land that one Prince or private person should usurp upon anothers Territories or Free-hold, because it was most opportune for his Trading, or requisite to his subsistence in a flourishing condition. I do not read that this pretext was ever any cause of War betwixt England and the House of Burgundy: The Turk, Pope, Emperour, and King of Spain might urge the same reason against the Venetian Sovereignty in the Adriatick Sea; there not being the least part of a passage for their adjacent Subjects, which is not, in respect of their pretended Sovereignty, belonging to the Republick. But these Princes understand the difference betwixt Right and Wrong; whereas the Dutch comprehend nothing but what is advantageous and disadvantageous. They detain Renne­berg, and other strong Towns belonging to the Duke of Braden­burg, the Bishops of Cologne, and Munster, because their Provin­ces cannot be safe without them. They would usurp our Seas, be­cause they cannot mannage their trade without them. And they will seise hereafter upon our principal Ports, because their Na­vigation cannot be secure without them. Certainly 'tis not a suf­ficient ground for them to deny his Majesty the Proper Rights of the Brittish Crown, because They do not know How He will use them. They have no reason to imagine that He would entreat them worse then His Royal Predecessors have done, who never made the utmost advantage of their just Rights against the Netherlanders, nor ever practised such a Sovereignty as the Venetians exercise in their Seas. 'Tis true that the case is much altered by their questioning his Roy­alty, which was never before disputed by them, or any else: and 'tis but equitable that they should be in some manner frank in their ac­knowledgments, who have been so arrogant in the contest. They that begin a president are more criminal than they which follow it; and since they by an ungrateful insolence have instructed others to imitate their demeanor, it is but just th [...]. They should contribute to the neces­sary charges whereupon They put his Majesty to ensure that Royalty, which They above all others (being supported by Queen Elizabeth, and owned for a Free State by the interposition of King Iames, and strengthened by the surrendry of the Cautionary Towns upon most easie terms) should not have controverted; at least not in so barba­rous a manner, as to say, That all the world holds the King of England' [...] Claim to be impertinent. Whereas it may be with more truth said, That All the world in all Ages, hath and doth justifie his Right in general, or in Thesi; And 'tis manife [...] by the concessions of all Princes concerned, and of the House of Burgundy, and of the Hollanders themselves as to the Brittish Seas; or in Hypothesi ▪

[Page 77]Whereas They deny that ever They Fished in our Seas with License and permission of the Kings of England: It is a Lye; For since They hold their priviledge of Fishing by means of a general License or League contracted betwixt the Crown of England and the House of Burgundy; it is manifest that whosoever Fished in the English Seas be­fore, did Fish with a particular License, (from which they were then ex­empted) and that from thenceforward They did Fish all by the Gene­ral License or indult of the Kings of England in that League. I have already shewed his Majesties right unto the Fishery, and How it hath been exerted: and there is Equivocation in what They say concern­ing the Tribute for Fishing, that They never paid it to the King of England 's father. The Fishing Busses did pay Tonnage-mony for their liberty to Fish, unto the Earl of Northumberland, as Admiral under the present King of England his Father. They, knowing the Legality of the thing, paid it with much satisfaction, not regretting, or protesting against it. The Dutch Admiral Dorpe did not except against the actions, much less oppose the said Honourable person: nor do I find that the States General did remonstrate against that Tonnage-mony as an exorbitant and illegal demand: But, according to the usual demeanour of these Hollanders, They gave it out all over Europe, that they would not pay any more, and that They refused it in 1637. To shew that this was but a scattered report, not any pub­lick complaint, or refusal of the States General at that time; behold this Extract of a Letter from Mr. Secretary Windebank to Captain Fogge, who at that time commanded five or six Ships under the Earl of Northumberland.

¶ Here hath been a Report raised here that the Hollander's have refused his Majesties Licenses to Fish in his Seas, pretended to have been offered them by Captain Fielding. But it is utterly mistaken, see­ing Captain Fielding was sent to the Busses to offer them protection; His Majesty having understood that the Dunkirkers had prepared great strength to intercept them in their return from the Fishing, which his Majesty in love to them sent Captain Fielding to give them notice of, and to offer them safe conduct. This you are publickly to avow whereso­ever there shall be occasion; and to cry down the other discourse as Scan­dalous and derogatory to his Majesties Honour.

Aug. 10. 1637.

Thus you see (to return upon them their own language) It is a Lye that the said Tonnage-money was protested against: It is a Lye, that It was no more demand [...]d: for Captain Fielding did demand it (I am sure by Letters in the Paper-Office) though I have not had leisure to examine what b [...] r [...]ceived. And it i [...] a foolish report, to say that The single attempt of the Earl of Northumber­land, being violent, could not create any Right: Wh [...]eas we do not claim it in right, because it was then paid, but because, as an Immemorial Royalty, it was always due, and acknowledged by [...]hem to be so.

[Page 78]I cannot allow of that Parenthesis of the Considerer, That violence can create no Right, no not by continuance. For, if Pre­scription of an hundred years (or less time, according to particular Countries) does create a Right, how violent and unjust soever the first Occupancy be,, according to the Law of Nations, which formally approves thereof even betwixt Prince and Prince: and fundamen­tally according to the Law of Nature, Io. Palatius de domin. maris l. 1. c. 13. which disposeth us to mutual peace, and amicable Society, and to the means conducing thereto, in the number whereof is Prescription, Occupancy, and Custom; How then can He say that Violence can never create a Right? How do they hold their Freedom, but by violence? Are these the Principles of the Peace-loving Hollanders? Do not these suggestions tend to the involving of all the World in Bloud!

As to the meeting of the Yatc [...]t with the Fleet under Van Ghent in the North-sea, and their not striking Sail or Flag: The Consi­derer yields it to be a Ship of War by reason of its Equipage, Selden Mare claus. l. 2. c. 15. Com­mission, and Standard: and so it was according to the presidents of our Law, which styles Barges and Ballingers, if armed for War, to be Ships of War, But neither He, nor any man else can say that The refusal to lowre the Topsail and strike the Flag, was not a breach of the Treaty at Breda. It is alledged, that ‘This hapned in the North-sea, which is not the Brittish Sea, being distinguished there from in all Sea-plats, yea, in the English Map, and (which in this case is an invincible Argument) by reason that in the seventh Article of the Treaty at Breda the same are distinctly mentioned one from the other; where it is expressedly said, that All Ships and Mer­chandises, which within twelve days after the peace are taken in the Brittish Sea, and the North-Sea, shall continue in pro­priety to the Seizer. — Out of which it plainly appears, that even according to the King of England's sense, the North-sea differs in reality from the Brittish Sea.’ — These reasons are so far from being invincible, that they are null and altogether invalid. For the Argument from popular Mapps and vulgar Sea-plats imports nothing at all: Those being made for common instruction in such cases as they are usually made for: but not to decide Cases at Law. There are several Counties in England, which are not specifi­ed in the Mapps, which yet the Laws do exempt from those in which the Mapps do include them. The distinction in the Article at Breda betwixt the Brittish and North Sea, is popular, and mentioned only to prevent future quarrels about Prizes taken, not to decide the King's Rights unto that Sea, as one of the four Seas: and, that ta­king place, 'tis not an invincible argument, but an affected ignorance in this Hollander to urge it here. In the Treaty at Torstrop betwixt the Dane and Swede, I read that Schonen and Wien were distinctly named, and consented unto by the Dane to be transferred unto the Swede: and in a subsequent Agreement at Roskild the Swede hath only Schone [...] transferred by name; hereupon He claims also Wien, [Page 79] the Danes deny the rendition, and evade it as the Dutch do now: the King of Sweden rejoyns thus, and any man may accommodate the passage to our Case. ‘Though the Danes do grant there hath ever been a Joynt Alienation of the said Isle with Schonen; See the King of Swedens reasons for continuing the War with Denmark, Printed at London, 165 [...]. never­theless, they would fain wave this by an odd Exception, pretend­ing that Wien could not really be alienated as a member of Schonen, because in the Treaty Wien is expresly named as well as Schonen, which they alledge need not have been, had it been inclusive in Schonen. But this poor plea, is of little importance, if it be observed, that in the Charter of Alienation, where Wien is separately named with Schonen, there also Lister is separately named with the Province of Blekingen, which however the Danes do unanimously acknowledge to be a part of Blekin­gen; it being distinctly named rather for prevention of further disputes, than out of necessity, Nam c [...]ausula abundans non nocet, ut nec ejus absentia obest.’

I shall conclude with two brief observations upon the remain­ing part of this Paragraph, not yet replied unto.

1. The Considerer saith that the striking of the Flag is but a Civi­lity to his Majesties Ships, and consequently not to be enforced, but must proceed from a free willingness and an unconstrained mind in those that shew such respect. — They that will not learn manners, must be taught them; yet 'tis a difficult task to teach the Boores of Holland. But where did He learn that the striking of the Flag in the Brittish Seas was meerly an Act of respect? Or How can he say, that the Dutch, or others, might not be constrained to strike, considering the Instructions of our Admiral, Mss. Commentar. de re­bus Admiral. fol. 28. Selden M [...]re claus. l. 2. c. 26. and the usage of England? Whoso­ever refuseth to strike, is to be prosecuted as a Rebell, not as an uncivill person And I find that the Crown of France, where it pretends to any Soveraignty of the Sea, doth enforce the striking of the Sail and Flag in an uncivil manner, Zouche de jure faeciali, part. 2. sect. 8. qu. Virum quod Nau [...]ae, principis al­terius navi bellicae vela non submittant, Navis pro pradâ capi possit? since those that refuse to do it, are to be attaqued with Cannon-shot, and, if taken, their Ships con­fiscated. The same is done by the State of Venice, and universally. The World is coming to a fine pass when these Butter-boxes pre­sume to teach all Europe Civility!

2. The Considerer saith, that since the Yatcht did not meet with any single Ships, or Vessels of the States, but run in amongst a Fle [...]t riding at Anchor, It cannot be maintained with any funda­mental reasons, that the Lord Van Ghen [...] by vertue of the said Ar­ticle was obliged to strike. — I answer, that the Article doth make it Fundamental to the Peace; and the Admirals In­structions, and the Usage of England do expound the same suffi­ciently to the prejudice of Van Ghent. Is this the sincerity, the bona fides, with which they observe the Treaty? Our Laws and Cu­stoms of the Admiralty know no distinction betwixt a Ship or Fleet found riding at Anchour, or met under sail: Nor do they distin­guish betwixt a casual meeting, and a voluntary seeking of Foreign [Page 80] Ships, o [...] Fleets: nor whether our Ships be at Anchor, and the Fo­reigner under sail; or both be Navigating: And it is the duty of our Men of War, in case they discover, or hear of any foreign Ships, or Fleets upon our Seas, to make up to them, and to see whither they come in a peaceable or hostile manner, by demanding them to strike their Sails and Flags. I need not add any thing to this point, every one may sufficiently comprehend the Case, but these Hollanders that will not understand it.

The conclusion of this Paragraph doth manifest the Integrity of his Majesty in the penning of His Declaration; seeing that the Conside­rer acknowledgeth, That the States General did offer to strike the Flag and Sail unto his Ships of the Navy Royal, upon condition He would assist th [...]m in this juncture (for that they mean by his ob­serving the Triple Alliance) and provided no construction thence should be made to prejudice them in the free use of the Seas, viz. in reference to Fishing, as well as Sailing. It is hence evident, that His Majesty did not represent the arrogance of the Dutch in so hainous a manner, as He might have done without injuring them. The Considerer hath done it; and I refer it to the consideration of all English-men.

Thus I have exactly replied unto all that the Considerer hath alledged against the Declaration of his Majesty, and what else He hath written in reference to the present Quarrel: and I think I have made it evident to the meanest capacity, that the present War is authorized by all those circumstances which make it Iust, and Honourable, and Necessary.

I intend in a Second part to address my self to my fellow-subjects ▪ as the Considerer doth to his, and excite them to do no less to avert injuries, and defend their Honour and the Rights of His Majesty ▪ than He exhorteth the Dutch, to do, contrary to all right, to our detriment and dishonour: I will therein shew those that were concerned for the War against the Dutch under the pretended Common-wealth, that the Quarrel is fundamentally the same now that it was then, and that they cannot have any tenderness for the Hollanders at this time [...] who did so hainously complain of their Oppressions and Usurpations then: The Hollanders are the self-same People still; As much Hol­landers in Europe, as they are at Iapan, or ever were at Amboyna: I know not why we should not demonstrate our selves all to be as true [...] English men; And to convince such persons, I will Print the Speech of Mr. St. Iohns, their Embassadour to the States, at the Hague, during the pretended Commonwealth.