Allowed to be Published,  
Anno Dom. 1688.   

Natural Allegiance, AND A National Protection, TRULY STATED: Being a Full ANSWER TO Dr. G. Burnett's Vindication of Himself.  
LONDON, Printed, and sold by the Booksellers of London and Westminster. 1688.   

Remarks on the Second Part of the Reflections of Dr. Burnett, on the Parliamentum Pacificum; being an Answer to the Vindication of himself.  

SECT. I.  
AN Apology for so many Month's silence 
* Vid. pag. 1.  (which is sometime Interpreted, a Consent to the Accusation) would be now as requisite and necessary for ourselves; and be better excused by the long, deliberate, and serious Consideration, that has been had of what is here Writ; than that of our Authors, from his uneasiness in Writing: Himself, and his Admirers, I am sure, think he Writes very easily, 
* Vid. his Papers.  and the many Calumnies he has cast upon our English Government, and the Prince that Presides in it, in multiplied Reflections, in repeated Libels, aggravated with Arrogance and Applause, only from their being the most Audacious Crimes, and the severest Satyrs on the Crown: This does certainly declare, that they do not come from him with such a deal of difficulty, but are more probably, the sudden Productions of his easy ●●ile: The hasty Transports of an 
* Vid. Letter to my Lord Middleton.  avowed and Animated Passion, or the gratifying the Popular Fame he has here acquired, partly for his Meritorious Learning, and more by his studied Affectation.  
Had this Paper but the half of that Modesty it pretends to, it could not with so bold a 
* Paragraph.  Front term those pieces that have been published in defence of a Prince and Government he defames, but so many Libels, only because they have tossed about his Name; I cannot see how they can be called so, unless this Celebrated Name, to which so ●any are ascribed, like some Cabalistick Spell can make a Metamorphosis, and blot the very Papers that offer but to mention it: Those are looked upon as the greatest Libelers by the Civil Law, that invade and abuse the Civil 
* Atrox injuria estimatur, Si Magistratus, etc. Inst. 4. Tit. 4. Si ad seditionem: Vis Publica est. Vid. Pacii Analys. ibid.  power and the Magistrate, which if it tend to Sedition, is there called, a 
* Vid Tuld. hic. c. 5. per l. Un. C. Si quis Imp. maledixerit. Quisque vel cogitavit, etc. Vid. C. 9 & 6.  Public Invasion.  
Had our Author, that Christian Temper, which he tells us he proposes for a Pattern and Imitation: I humbly conceive, he ought to have been so humble too, though such an Highpriest, and kept the Priest from being so high, as to revile the Prince, that Divine Pattern our Saviour, is indeed the greatest Example of such a sort of deference and submission; that would make him such a Christian; as to pay it to his King, though Pagan; and that though Dr. B. were of the Opinion of Mr. I. in the point of 
* Vid. Julian's Popery and Paganism.  Popery.  
In the next place, his Apology for the States of Holland, is but little better than what he makes for himself; 
Vid. Ibid. pag.  for the Protection they have given him, might proceed from the Misrepresentation he has given them, and their Lordships we thought would have had too much Honour for Crowned Heads and their own Allies, than to protect a person that Libelled and abused both; at least, if they allowed him the privilege of a Naturalised Subject, 
K. of France & England in his Reflect.  they could not indulge him a Liberty that must be denied any Native; that is, to offer to defame the Proceed of those Princes, whom not only their Sacred Character should preserve Inviolate, but whom, themselves were obliged by solemn Leagues and Articles of Alliance, (Sanctions that in such National Concerns are more seriously to be observed) to maintain in their wont Honour and Esteem; and to deliver up such Foreign Fugitives; or punish at home such Domestic Offenders as do endeavour to diminish it: The little Reflection that was passed upon their Government, one 
Vid. Parliam. Pacif.  would have thought might have been passed by too, by one that reflects upon ours so much; and Statesmen will allow, even Grotius himself, that the Aggressors in such Violations, authorise the returning of the like: If our Author can prove, that the States have been worse used, than he has used the King of Great Britain; or, that the least Animadversion was ever made on their Government or Constitution; till His Majesty had suffered so much from his most Injurious Pen, we will then submit to that punishment, which the Pensioner, and the Doctor, do desire, and be hearty sorry for that Atrocious Calumny, which they say, has so much deserved it.  
I have therefore in all the preceding Treatise omitted such Expressions as might give an offence, tho' they could be said with truth: I have given Historical Accounts of the Proceed of those Catholic Princes, whose Memory and Religion, Persons and Persuasions, our Author thinks it his Duty barely by Reflection to defame, and if Holland has happened to be concerned in the History as well as France, and Germany, who can help it? the Doctor might as well commence a Quarrel with Heylin's Geography; (for Historians in a Trade can never agree) as to make us answerable to States, for an History of the times, and only for relating the Transactions of those very Papists and Protestants, that made such a wonderful alteration in this Western part of the World; and even an account extorted from us, by those Rhetorical Reflections, (which from a greater Zeal against Popery, than any regard to sincerity and truth) I am confident he has made: Neither does this Justification of ourselves like our Author's Defamation of Princes, consist for the most part only in Flourish and Tropology; and I might add, in a little Malice, mingled with his much Learning and Wit; but the Writing of an History is to be defended by the Law, and tho' it were of all Nations, is no Libel; by the very Jus Gentium: The World could never be said to sit in Judgement upon Sir Walter Raleigh, and the short History we have given of the Foreign Reformations, make us no more accountable to States abroad, than our Author is for the History of our own at home; though I must confess, I do not expect any thanks from Holland, because he had his from the House; so that if those Passages, by which he so laboriously would stir up the resentment of the 
* Vid. Reflect. a part, pag. p.  States, have only a respect to Matter of Fact, to History; and that of Reformation, the Laws of Nations make it no Injury, and I hope, none of our Neighbours will teach us any better Law.  
Injurious Defamation, consists properly in Reflections, which of late is our Author's excellency, his common Topick, Title, & Peculiar; and what Reflects upon the fame of private Persons, or Public Societies, in feigned Compositions, either of 
* Si quis ad infamiam, Carmen Libellum, aut Historiam, &c Institut. Lib. 4. Tit. 4.  satire and Lampoon, both by Civilians, and other Lawyers, is truly called Libel. And therefore, I suppose it was, and for that only reason, that the Learned 
† Delendum esse verbum, aut Historiam, quod nec Theop. agnosclt, nechabent libri Emendatiores. Vid. Jul. Pacii Analys. Scholiis Schotani. Id.  Annotator on the Institutions of Justinian, in his Chapter of Injuries, would have the word History expunged from being appropriated as a part of Legal Defamation; which (says he) an Eminent Author does not allow of; neither (indeed) do the more Corrected Books mention it: I have thought good to Apologise with this too, that our Adversary may not retort again, that the States are worse used than himself, whom we would still respect, while Our Allies, tho' this Author should persist to Libel Theirs.  
This Protection, (since he is pleased farther to insist on) we shall a little further debate, with all deference, to those that give it him; and though he offers to Answer all that relates to himself, I hope to show that there is a great deal yet left unanswered; and for that Compliment, he passes upon our Style, for foul Language, we have in return, given a more civil Character of his. 
Id. Pag  If a Man were to judge of the Manners of a Clime, from the Deportment of the Inhabitants, I know from whence we might expect foul Language: I confess, I cannot contend with our celebrated Author for that popular Fame that attends his way of Writing; which lest it should be confined, and too narrow for his unproportionable Merit, himself has taken care in 
* Vid. Reflect. on Varill, and Reflect. on History of Reform. at Oxon. and several of his late works.  some Pompous Expressions to diyulge, but though not so copious; still I do not find myself so straightened in such a scanty Style, as to be forced to have recourse to Scurrility; the late Bishop of Oxford, for his 
* Vid. the Enquiry, Buffoon, Scaramouch, Harlequin. Drawcansyr. Baboon. And Quaere, If foul Language?  Fiocco's sake, might have been better treated, since his own Name in the end of it, to which the Enquirer never read, manifested it to be his; and the same Licence that has so alarmed him, authorised it in the Front, yet some sober Persons presume to think that Enquiry a very Scurrilous one; which with Reverence to the See, and respect to the Sacred Function, had been better forborn, neither was there in all our Papers, to the last, the least Reflection upon our Adversary, that transcends the boldness he has taken with his Majesty and the Crown; neither was I conscious of any particular Opprobrious Term, for which he could reproach me, unless it were a Crime to call him an 
* Vid▪ Parliam. Pacificum. pag. 44.  Impostor, that puts upon us for History the Defamation of the last 
* Those that speak to the dishonour of the King's Parents, and Progenitors, are by the Laws of Scotland, within the Acts of Leasing making, and to be punished with loss of Life. Jac. 6. p. 8. c. 134.  King's Memory, and that of all his † Predecessors; the meeting with such Passages might a little provoke an undecent expression; for which even sedate thought, or the mightiest modesty will hardly permit me now to beg his Pardon.  
Having thus past through the Praeliminaries of his most peculiar Vindication, with as much Compliment as may be, we are come now to consider the Contents of it: And first, what further Defence our Adversary has made, and how far he has answered to his second Citation that was sent him out of Scotland?   

SECT. II.  
WHatever are the Complaints of Dr. B. against his Countrymen, I cannot see how he could have wished for a better Country to have put himself upon his Trial in; a Nation that governs itself by the Laws of all Nations, as well as the Municipal ones of their Land, and even 
* Vid. Lib. cui Tit. Reg, Majestat. A Transcript from the Roman Law. Vid. Duck. de authority. l. 2. c. 10.  those framed, and composed according to the wise Institutions of the Emperor Justinian, as just a Legislator as Solon himself, whom our Author insists on 
† Vid. Vindication of himself. p. 3. Id. pag. 1.  for his Naturalisation: Those Caluminators, (to give our Author a right understanding of the word) those false Accusers, whom he would have accordingly punished, have there but little encouragement for Perjury: I wish we had here but as much severity to intimidate Villains from such Practices: It is there that these Caluminators, by a sort of Arithmetical Justice, (as the 
* Vid. Stierius Precept. Ethic. c. 14.  Moralists term it,) or by that Eternal Law of Equity, among the Romans, the Lex Talionis, are exposed, upon detection of their Perjury and falsehood, to the very Punishments that the Party must have suffered, had their Evidence been true, and this not only by the 
* Ex Lege Remnia irrogatur ut 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, fronti Caluminatoris inuratur, vel idem supplicium de quoreus periclitabatur. Vid. D. 4. 16. 1. c. 9 46. 6. Zouch. Elem. pars 7. Sect. 10.  Civil Institutions, which with them take place where their own is defective, but by their very * Parliamentary, as well as the Imperial Sanctions, and particularly, by that of King 
† Vid. Jac. 6. p. 11. c. 49.  James 6, which comes home to our Adversary's Case, He that Calumniates any Person of High Treason, and the Party be acquitted, incurs the same Crime and Punishment that the presumed Guilty must have undergone, had he made good his Proof; a Criminal has but little reason to fear a false Evidence, where such fearful Consequences do attend it; and our Author has as little Justice to demand their being punnisht accordingly; since the proceeding upon a second Citation, does not prove, that he was acquitted upon the first.  
Had there been but the same Provision by our own Laws, against the falsehood of Accusation, which our Author is so afraid of, I am afraid it would have saved some of that Society, which his Pen so Persecutes, from Perishing so miserably by the Breath of some Miscreants, that might more boldly stop another Man's, when there's nothing left to choke them but their own Lies and Forgeries; and who, perhaps, were the sooner brought to a shameful death, when their Accusers were never in any danger of their Lives: I could never meet with any Objection against this most equitably proceeding, but only that it might be a discouragement to such as might otherwise detect any Treason or Conspiracy; but since the Accuser has the same security for his Indemnity, or Life, against him that will venture falsely to accuse him of Forgery, that the person had whom himself, perhaps, justly accused, I cannot conceive, but he may proceed as boldly in confidence of the truth of his Depositions, as if there were no such Identity of Punishment annexed.  
But our Author again, has less reason to condemn his Accusers there; since the Subjects of that Nation are more particularly bound by an 
* Car. 2. p. 2. Sess. 2. cap. 2.  Act of Parliament, that declares it their Duty, to depose upon Oath, when called by Authority, their knowledge of any Crimes against the Public Peace, and more especially, for corresponding with Fugitives and Rebels; so that supposing their Testimony true, which being upon Oath, we must have as much Charity for, as our Author's Protestations, they could not avoid, both by their Law, and Allegiance, to testify all that they knew; and till they are made appear by Reciprocal Oaths, and as strong Circumstantial Evidence, to have given in false Informations, they cannot be looked upon as 
* Pag. 1.  Calumniators, much less, punished accordingly.  
And here I cannot but take notice of another convenience his Law does allow him, though the manner of his Process is so injuriously reproached. I am sure it is a defect in our own, and which nothing but the tender regard to the Sovereign's safety can excuse; and that is, the having the Evidence for his Innocency, sworn against the King, as well as that which for the King is brought to prove the Gild; for Judges, or Jurors, (whatever is pretended) must be more influenced by that regard that is given an Oath, than to the bare Testimony of an Evidence that lies under no such Obligation.  
I shall not positively take upon me to define whither by the Practice of Scotland, it is absolutely necessary to 
Vid. Vindication page 2.  specify the particular Laws, upon which a Citation is founded, our Inditements we all know; set forth only in general, and contrary to the Statute in that case provided: And I cannot imagine, but that the same Learned Advocate, who in his first Citation did so largely set forth in so many several Statutes, the Crime that affected him; could (had it been absolutely necessary) have omitted it in the second, since they need not have been so far to seek for any Special Law, when some of the former that were cited, would have served also for this, for the declining of the Sovereign Authority, and putting Treasonable Limitations upon the Prerogative of the Crown, or upon their due Obedience, and Allegiance; is by an Act Car. 2. made Rebellious and Treasonable, and 
2 Act. 1 Sess. of Car. 2.  if so, an entire transferring this Allegiance, and renouncing all Obedience, will amount to more than a mere limitation of it, and the declining of his Authority, is by an express Act of King James made High Treason; which by the same Translation of Allegiance it must rationally, 
8 Parl. Jam. 6.  as well as legally, be concluded, he does decline.  
But it is observable, that in this second Citation, to 
Vid. Vind. p. 2.  which he excepts, he is proceeded against by the Advocate, upon the Common Law, Acts of Parliament, and Municipal Laws of the Kingdom, which general Form is not used in the first, and so may supersede any special Law, being set forth; as it is usual among us when Men are Indicted at Common Law, there is no need of any Statutes being expressed; but since our Author desires special Law so much, I think there are many other Statutes of that Kingdom, that I am afraid, will affect him too much, if this Expedient of transferring Allegiance be but once found to fail him, and it is those that 
* Vid. 1.3.4. Act of Parl. K. James 6. Vid. 10. Act 10. Parl. Jac. 6. all expressed in the first Citation.  ordain, that no person presume to speak, or Writ, on purpose to Reproach, or slander the King, or the Government, or misconstrue their Proceeding, whereby dislike may be moved between the Prince and his Subjects, and this upon pain of Death: I am afraid many of our Author's works will rise up in Judgement against him, where this is to be made the matter of his Process.  
In the next place, it is plain by this Citation, that even in Scotland, there may be Treason by the Common Law, and where by that it is set forth, I humbly conceive, there needs no more particular Law to be specified than with us in England, for by common Law, even there, can be meant no more than what our Coke makes it here, common Usage; and if I mistake not, a 
* Duck. de Authoritat. Lib. 2. c. 10.  Learned Lawyer of ours from the Concession of their own 
* Jo. Leslae. de moribus Scotor. Lib. 1. C. Leg. Scot Constat autem jus Scotorum sicut & Anglicanum, ex consuetudinibus Scotiae.  Countryman whom he citys, is of the same Opinion; so that this Author's Argument, will in short, resolve itself into this Interrogatory, whither of that which Common Law makes High Treason; a Special Law is required to make a Man guilty?   

SECT. III.  
THe Dr. in the next place observes, That no Similitude 
Ibid. pag 2.  of hands is in Criminal Matters admitted of for proof in Scotland, and that such Evidence is but a general presumption. I confess, we have here in England, the Lady Carr's Case against it, and Mr. Sidney's, and 
Vid. Trial.  several others, in which hers has of late been always overruled; but whither they have any Precedent for it in that Country cannot assert, but if it be of any Authority, that which a Learned 
* Duck de Authoritate. Lib. 2. C. 10. Constat ex rerum Scoticarum Scriptoribus, in Judiciis, ad leges suas, & post eas, ad jus  teneri.  Author observes upon the Authority of the Civil Law in Scotland, that in their Administrations of Justice, they are tied to their Municipal Laws, and where that is deficient, to be guided by the Civil, than any one Criminated for High Treason, there must expect but little favour, especially in matter of Evidence, and Presumption; for though the Imperial Decrees are as tender of the Life of a Man, and have as great a regard to innocency, as any Laws we have in England; though they say too, That it is much better to spare the Guilty, than Condemn an Innocent; though they generally give it in the 
* Satius est Impunitum relinqui facinus nocentis, quam innocentem damnari. Sic inquit Ulpianus, Divus Trajanus Severo rescripsit. D. 48. 19 1. 5. Zouchei. Quaest. etc. 9.8. Vid. etiam, ejusdem Element. par. 7. Sect. 9 Vid. Legem Juliam. Inst. Tit. 18. Lib. 4.  Negative, That no one can be condemned upon Presumption; yet in their Crime of Lesae Majestatis, they all say 'tis excepted; and their very Sons and Servants upon a bare presumption of their Gild shall be Condemned; and this Less Majesty is a term not altogether an Alien to the Laws of Scotland, but what I am sure there is in frequent use, so that it may be possible, even according to the grounds and practice of the Scottish Laws, to find a Man guilty, upon smaller proof, than our Author may imagine; and if he consider the many Acts of Parliament that were passed, even in the Reign of their first Protestant Prince, King Jam. 6. (and I hope he'll condemn nothing of the Reformation) that declared, and ordained what was High Treason, even in the largest extent, and all which are (I think) sufficiently specified in his 
* Vid. 1.3.4. Act 8 p. K. J. 6. 10 Act 10 p. of K. Jam. 6. 144 Act 12. p. of K. J. 6. with several of some other Kings.  first Citation: Then I humbly conceive, he'll have less reason to complain of the severity of his Prosecutors, and the Injustice that is done him.  
I have this further to offer, it is expressly provided there by 
* 10 Act 10 p. K. Jam. 6. and 2 Act 2 Sess. 1 p. K. Ch. 2.  two several Statutes and * Acts of Parliament; that to Writ in Reproach of the King's Person and Government, 
† The Earl of Orkney was Condemned for signing a Treasonable Paper of Combination with his Neighbours at home. Treason by Ja. 6. p. 10. Dr. B. signs his League and Alliance with Foreign States. Treason. 1 Car. 2. p. 1. Sess. 1. c. 5.  or by Writing, to put Limitations upon their due Obedience and Allegiance, shall be adjudged Rebellious and Treasonable; if this by their Law is Statuted, or ordained (as certainly it is,) this Similitude of hands must be allowed a Proof, or the Intention of the Law must be utterly Insignificant, for it is Morally impossible in such cases to give in any other Evidence; it cannot be imagined that those who make such Treasonable Construction with their Pen, will permit any persons to be present at the Penning it; 
* Praesumptiones gravissimae sufficient ad paenam capitalem, si delictum sit occultum & difficilis probationis: Julii Clari sententia. Vid. Zouch. Quaest. praedict.  and then all Laws will allow that for Evidence, where greater cannot be had, or expected: And I cannot see, why a serious Letter, solemnly sent, under his own hand, to a Public Minister of State, about an affair which all the World knew himself solely concerned in, should not be accounted one of the 
* Violenta praesumptio est plena probatio, says my Lord Coke.  strongest Presumptions, and which our Law too calls the fullest Proof, and this violent presumption; in his case, I humbly conceive, was founded, as it ought to be, that is, 
† Violenta praesumptio infertur ex justis causis & Circumstantiis. Vid. Zouch. El. de Evidentià causae. c. 9  on just Causes and Circumstances; for certainly, there was just Cause that gave them to believe, that our Author was the Author too of that Letter to my Lord M. and many Circumstances that seconded the belief of it, since he there represents the very Causes of his Writing exactly consonant with the Proceed here, and since it might well be imagined from the nature of its Composition, that none but Dr. B. was the Writer, some things are so notorious that they need no proof even by 
* Notorium probatione non indiget. Baldus ad C. 9 2, 7.  Law, and our Author would have been loath that any should have doubted it, from the peculiar excellency of the Style, and the reputation that himself says, his Works have gotten in the World.  
It may not perhaps, be here too impertinently observed, that the sending these Papers to a Public Minister of State, made them from his hands so many Public 
* Eandem fidem obtinet, sides Instrumentorum quam depositiones testium, maxim si sint publica. C. 4. 21. 15.  Instruments, when communicated by the Secretary to the Advocate of Scotland; and I know some Laws that say such Evidence is as good as a Deposition upon Oath; and as our Common Law calls it in other Cases; so this may be here called a Civil Record.  
In short, the sole Question will be, whither in this Controverted Letter; and Papers, that were sent to the Secretary, there was any thing contained that 
* Vid Letters, and Papers.  reproached his Majesty's Government, or limited our Author's Allegiance; when it threatened a slanderous Recital of the affairs of the Kingdom, and declares his Allegiance actually translated; which the two recited Acts do literally declare rebellious and treasonable? or whither they are only some 
* Vid. Vind. pag. 1.  ill chosen Expressions? for which we have only the Presumption of Dr. B. (and if general Presumptions, as he says, are no proof, much less can a particular one be so) especially if you consider him, as a Party concerned, and that no Law will allow him to 
* Nemo Idoneus testis in re suà intelligitur. Vid. D. 9 22. 45.  testify for himself: This ill chosen Expressions is such a modest mitigation of what his Scottish Law calls High Treason; that I cannot help myself to such another Instance of civil Excusation and Apology, than that which another Celebrated Author, now an Inhabitant about the same Provinces, and probable, correspondent with ours, (though we do not hear of his Allegiance translated) made for a Doctor too; but one whose Works have less reputation in the World, who was pleased (upon the consideration of the contrariety and Contradiction of Oat's in his Evidence and Discourse) to grant that 
* Vid. Mr. Hunt's Postscript. p. 41.  he was a little Apart and Incurious in his Conversation; an Apertness & Incuriousness which the Statute has been so bold as to punish for Perjury; such a faculty has the fame of an Author, or the quaintness of his Style, to give a Politer turn, to those unpolisht terms, and rigorous Expressions of reason ●nd the Law.  
The next thing that falls in our way, is somewhat 
Vid. Vindication p. 3.  of the same nature, and which he would so softly insinuate, that the being declared in the Writ a Rebel, does only intimate, that he is Contumacious: Had our Author's Case indeed, been only the refusing to pay his Debts; and the King only been his Creditor, I confess, I could then have had milder thoughts of the Rebellion that is employed in his Letters of Horning; but since it is so far from that, that the Doctor declares, he owes his Majesty nothing, not so much as Allegiance, which 
Vid. Ut supra.  their Laws declare Treasonable; I am afraid there is somewhat more that affects him, than barely but a formal Contumacy and Contempt: It is the matter in the Citation, with submission to his more peculiar opinion, that empowered his Majesty to demand his punishment or surrender from the States, and not his being pronounced Rebellious at Edinburgh, or the Peire of Leith; it is not for the Rebellion in the Writ, but for the Treason that the Citation contains; which I humbly conceive, by his Non-Appearance for the space of a whole Year, he has Convicted himself of: I fancy he had made a better Parallel of this Scotch Horning, had he compared it to our English Outlary, and instead of putting it into the Chancery, had brought it into the King's Bench; Writs of Rebellion, we all know, are Matters of form with us in that Court; but no one will agree here, that when a Man is Outlawed for High Treason, he is no more a Criminal, than he that runs into Holland for fear of an Execution, by the Bailiff, and not of the Hangman's. It was the misfortune of a 
‖ Vid. His Rest. on Varill p. 55. Sir Tho. Armstrong's-Case.  friend of His whom he would make to be murdered, to meet with the difference, and yet Justice too; whatever have been our Authors injurious and multiplied Reproaches, almost in every Print, upon the just 
* Much less Reflection on a Chief Justice was ad judged a Libel with us, in 18 Ed. 1.3 d. Inst. c. 76. and by the Laws of Scotland for defaming a Judge falsely to be punished at the King's Will. Jam. 5. p. 7. c. 104.  Judge than then Presided: The peculiar resentment of our Author, and that perhaps, for some just disappointment, has so plainly occasioned those unjust and repeated Reflections on that Loyal Peer, that as his Honour and Integrity supersede all Vindication, so this Author's defect of Sincerity, is betrayed beyond defence, and the result only this, that his Lordship may be said to lie much above those lewd Calumnies, and but little Under.   

SECT. iv  
BUt for all what our Author does so plausibly suggest, doubtless, there must be a great deal of difference between a Criminal Process, and a Civil Action; which if there be, than the Issue that is directed thereupon, though in formality it may be the same, must in matter and substance greatly differ, and the Consequences that attend it, as I have touched upon before, are of as different a nature; which when the term is elapsed, the one will only affect your Estate, the other both that and your life; for though in both Cases you lose the benefit of the Laws; yet when the Crime is High Treason, you may more properly be said to forfeit the Protection of the King; but for that, our Author had provided for before hand, and from his own 
* Vid. Six papers, pag. 39  Maxims anticipated that forfeiture, by the renouncing his Obedience.  
But further, I am well informed, that though the Dr. would make all his Process to be but a formal Citation; and that there is no cognizance taken of the matter it contains, that even in Scotland, a Citation, and Indictment, are indeed the same in signification, tho' they are two different words. The first form they are forced too, when the Criminal absents himself; and the second (though the same in substance) in the form of a Libel, he's to plead to when in Custody: Had the Citation expressed nothing of the Crime, than I confess, our Author's Arguments had been better applied, but I cannot conceive now, without the greatest Absurdity, how a Citation can be issued out, expressing the Matter, and yet no Cognisance to be taken of the matter it expresses; if a Citation be a Judicial Act, then sure what is therein contained, is as judicially taken notice of: But though this second Citation seem so surprising to him, he cannot be such an only Stranger to his own Jerusalem, as to know none of these things, unless the flying into Egypt has made him an utter Alien to the Commonwealth of his Israel; nothing is more common in his Country, then that the King's Advocate when he discovers some new Matter of Fact against the Criminal, to issue out a second Citation for his Appearance? This is called an Additional Libel, in which there is no need to assert, and set forth any Special Law, because it usually refers to the first, in which the Laws are specified; and since our Author ends this Citation with an etc. we are left in the dark as to the latter end of it; and perhaps, he may 
Vid. Vind. p. 2.  as unsincerely have left out some of the beginning; but though he had been more ingenious; and this last Citation had no reference to the former, some that understand the Law of Scotland too, do not agree with our 
Ibid.  Author's Informers, but are of Opinion, that where the King's Advocate does accuse a Person of a Crime, that is in its own nature Treasonable; and what implys the Pains and Punishment that is due to Treason, that then it is time enough for the Advocate to set forth the Special Law for it at the Bar, and the Judges will as certainly find the Libel, or Indictment, Relevant, which is like our Grand Juries in England, finding of the Bill, and this practice (if I mistake not) of naming no particular Act or Statute in High Treason, is as usual with us here, it runs through all the forms of our late Trials and Inditements, which only mention against the Statute, in that, or the like Case provided, and leave it to the Attorney, which is but another sort of Advocate, or the Judges, to declare what Statutes they proceed upon; but because general Assertions may be no proof with some that will dispute any, tho' the thing has been so often objected by the Prisoners, in all our late Proceed, and always so answered by the Judges, yet our Author will particularly find Mr. Sidney, a a Man of no easy temper to be satisfied, to be forced 
* Vid. his Trial, pag. 7.  to submit to it; and this Judge, that our Author has so injuriously defamed, to tell him as much justice, That when he came to his Trial, the Attorney might tell him what Statute he went upon, and give in Evidence any Act of Parliament that comprehends Treason; and as the Scots did of old Symbolise with us, from the Vicinity of the Countries, so somewhat in their 
* Their Books of Reg. Majest. much after the manner of our Glanv. de legibus. So also their Parliam. like ours. Vid. Duck. de authoritate. lib. 2. cap. 10.  Laws and Constitutions, as well as with the more ancient of the Romans; so I were almost assured that even in this modern practice which our Author disputes, we might have somewhat of agreement too, which I would not venture to affirm positively, till I were by a Person of Honour and Ingenuity, and of the same Country further assured; neither is it improper to this place to observe, that though our Author insists on the insignificancy of the Term Rebel in the Letters, or Writ that declare him so, for his Non-Appearance; that it may there have a double signification, both with relation to his Contempt to the Laws, and the Crime that he is charged with against the Prince, the univocal sound of the same word, will never do him any Service in his Aequivocal Interpretation of the Sense; and the little kindness that he has to the Society one would think should make him as afraid of an Aequivocation, or a Mental Reserve, as of the very Mass itself; yet such is his reasoning, notwithstanding that Antipathy he has against the Name; for this is plain, that the Demands that were made of him, from the States, is founded upon the Matter and Substance, and not the formality of the Word; for where it is formally used in Civil Actions, there Letters of Relaxation are granted to the Parties if they satisfy the Debt within a Year and a Day, and so acquitted, which shows that the Term Rebel, is there merely used for form; but where in the other case he is a presumed Rebel, both by Matter and Form; there, though he be Relaxt of his Letters of Horning, by his Appearance, yet he might be hanged for a Rebel after he appears; and I suppose, that may be one of the Reasons, why the Reflecter stands out in Contempt, but then he ought to have considered further of what follows in his Country usually in such cases, which makes a greater difference; that after the publication of these Letters, and a year elapsed; in his case, the King's Advocate can issue out another sort of Writ, called Letters of Intercommuning, whereby all the Subjects of that Kingdom are forbid to converse with him, to supply him with any Necessaries, upon the Penalties of High Treason; and this to extend, not only to such of the King's Subjects as reside at home, but to any that are Inhabitants with him in Holland, or if he had translated himself and his Allegiance with the Hollanders to Japan.  
So that from this it will appear, that even by the Law of Scotland, a Man (against whom the Writ of Horning is directed, importing High Treason) is a Rebel of an higher nature, till he come and take his Trial, and that before the Letters of Intercommuning are issued out; & though Terms in Treatises are to be taken in the common acceptation (as our Author tells us) not as in Courts of Justice, yet 
* Lib. 2. c. 16. Sect. 84.  Grotius will tell him too, that there is also a great Liberty to be allowed to conjecture in Homonimous Expressions, and Amphibologys, and that Terms of Art, such as Majesty, and Parricide, and we may add, Rebels and Fugitives must be all explained by Men most skilled in the Law.  
But because there can be no fairer way of dealing with your Adversary, but by confuting him even from his own Concessions, (for Arguments that are Diametrically opposite, do but in a more Eloquent manner, give one another the Lie) we'll suppose with him for once, that these Letters that denounce him a Rebel, mean nothing, but that he is a little Contumacious, that they are merely but so many Writs of Rebellion, which here that Honourable Person he so reviles, does many time's issue out of Chancery; we'll suppose our Author retired into Holland, only for some disorder in his affairs, or for a little imaginary Debt; yet even in those very Civil Actions, the Laws of Nations allow such a Latitude, that Letters of Request may be made to the Foreign State, and if they are denied, those of Reprisals 
Vid. Rolls Abridgement, fol 530. a Case to this purpose.  may be granted; and if Private Subjects have such Remedys, it will be hard to deny a Prince to demand satisfaction for a public offender; and the Dilemna was never so much as doubted; but that a Trial was to be ordered by the Foreign State, or the Criminal surrendered to the offended one; I gave our Author several Precedents for these Proceed; but he that pretends to 
Vid. Parliam. Pacif.  answer all, left them all unanswered; I shall present him more of the same nature, when we come to a more proper place, but it is somewhat more apposite here, since he would make his Treason but a sort of Civil Action, and himself no more than the King's Debtor; to tell him, that in Edward the Second time, some Merchants of Florence having received the King of England's Rents, run away with the Money to Rome; the King sends his Request to the Pope, demands the Goods to be secured and their Person seized, and neither of them denied. The like was done to one that fled into Lorraine with 500 l. of the King's Money; the Duke upon demand, seizes the Person, and secures his Goods wherever they were found, till he had satisfied to the full, so that I hope from hence may be concluded, that even a Man that does not 
* Vid. Vind. pag. 3.  pay his Debts, or retires into Holland, only for a disorder in his Affairs, may give our Government a right to demand him: For if it be granted in the Case of a Foreigner, it will be good in a Native's, a fortiori.  
To sum up all the Substance of this Point, It seems very strange, that the Proceed of the Justice in Scotland, should be so Arraigned, where the Laws are so favourable to Offenders, as to make the very Judges the greater Criminals, if they should offer to do the least wrong, and Injustice, and liable to the most 
* Jam. 1. p. 2. 6. 45. Jac. 5. p. 7.104.  rigorous Punishment; where the Witnesses are in such danger for their given false Evidence, that they expose themselves to the Punishment of those they accuse, if they can be ever convicted of the Perjury and falsehood, and that whither it be Pecuniary, Corporal, or Capital; and where by particular 
* Jam. 6.11. p. c. 49.  Act, Calumniators in High Treason, are (if the accused Party be acquitted) guilty of the same Crime, exposed to the same Punishment. And it will be no easy matter, when they are exposed to such terrible Consequences for the Perjury, to procure Knights of the Post, though it were to serve even an Interest of State; 
* Vid Six Papers. p. 49.  to fasten pretended Crimes (as our Author has it) on those they have a mind to destroy: There is a Society our Author has a mind to destroy; and I think some of the Members, not long since, were as miserably destroyed, for want of this Severity with us, against such Profligate Evidence as accused them: The Dr. knows this to be true, and is so far for verifying it, that he would have his 
* 1. Note▪ That the second Citation does not invalidate the first, much less prove the Witnesses forsworn, and he confesses, that the Matter agrees with the former, Id. p. 3.  Accusers accordingly punished, even before they are Convicted of any falsehood, and himself not so much as tried, or acquitted.  
Thus have I done all that Justice to a Nation, even in its Judicial proceed, that they could expect from a Foreigner, from his little Learning, and less Examination into their Laws, which he found, even upon that little he has made, both agreeable with the ancient Roman Equity, in many things Consonant with our own, and in some cases recited already, beyond ours; more equitably Just, so it will seem somewhat harder to be born, that this Nation's Justice should be so much arraigned by him that is their own Criminal, but because our Author's wont Vanity, may not arrogate the inglorious Fame, of being the first Invader of the Judicial Proceed of his Country, he has only borrowed from 
* Judices quantum in se est, lationes legum impedire, civium bona Judicum, arbitrio esse concessa: eorumque esse perpetuam potestatem; Imperium plane Tyrannicum, Buch. lib 14 Rerum Scotic. ad Ann. 1532.  Buchanan, that went before him; who has told the World that their Judges were but so many Interrupters of Justice, that the Subjects property depends only upon their Arbitrary power, and that the Government is truly Tyrannical; & such a courteous Historiographer to his Country (as he may be well called, an Original;) so it was our Author's Peculiar to transcribe him, and could never have been Copied by a better Historian.   

SECT. V  
THe Memorial of the Marquis de Albeville, I cannot pretermit without somewhat of Vindication; though 
* Vid. Vind. pag. 3.  the Missive of Mr. Fagel, that was given him against my own Works, I more willingly pass by; our Author when he not only reflects upon that Instrument, but ridicules it, transcends not only the bounds of a modest Writer, but parts with all deference to a Crowned Head, as well as his Allegiance; the Character of an Envoy is the most immediate representation of the King, and every Act of his, but another of the State; and whatever Liberty our Author pretends to, their Lordships might have had more Honour than to suffer the Memorial of his Majesty of Great Britain to be Burlesqued; 
* Vid. Their Extract, out of their Register, on the King's Memorial, An. 1664. Answered by Sir G. D.  but by them it may be better excused, since it has been so much their practice before, or I must suppose, as Dr. B. does in his Satyrs and Sarcasms upon the King, 
† Vid. 6. pap.  that even this was done without their knowledge; and that though the Author has subscribed his Name.  
The substance of the first Memorial (as himself has 
* Vid. Abstr. of the K. Memorial in Vindicat. p. 3.  abstracted it among the Reflections he has made upon me; I shall in short resolve into these three Interrogatories.  

1. Wither our Author has defamed the King and his Government, and represented him as a Persecutor, and his own life in danger?  
2. Whither by Law, any of the King's Subjects could seize abroad on Criminals to our State, in what manner soever?  
3. Wither the States ought to have punished our Author, and his Printer?   
As to the first, whither the King has been defamed by him and the Government? If the Question be taken in general terms, it might as well be doubted, whither we had any Government, or King? and after all those elaborate Libels that have been published; most of which, himself has owned; and for the rest no more Moral Evidence can be desired to ascertain them to be his: It would be an affront upon Humane Reason to dispute it. Has not the Justice of the Nation been arraigned by him in all its Proceed since his Majesty's Reign? have not his 
* Vid. Six Papers page 1. Id. p. 3.  Ministers of State been made the most fearful Mercenaries? have not the Judges on the Bench been represented by him in the Say of Mr. Sidney, as so many Blemishes to the Bar? Has not the Scarlet of those Twelve men been made by him almost as Criminal, as if it were only the colour of their guilt, instead of the Badge of their office? Has he not charged them plainly with Corruptness, or Ignorance, Infamy, and a Scandalous 
Vid. id.  Contemptible Poverty; as if he had made use of his own Province and Sacred Function for the defaming of his Sovereign and Prince, and would have applied his Text of making his Judges of the Land out of the meanest of the People: Has he not threatened them with the Exaltation of Tresilian, and fated them to a further Promotion, that of being Hanged? Has he not in the most opprobrious terms exposed the Chiefest Minister in the State, pronounced his executing of Justice a Campagne; an Act of Hostility to all Law, his 
Vid. id. p. 22. p. 33.  serving His Majesty; an outrageous Fury, and his Zeal for his Sovereign, but so many Brutal Excesses: Are not the King's Counsellors 
* Id.  cursed, for a few Creatures whom the Court has gained to betray the Kingdom? 
* Vid. id. p. 24.  I am sure he has met with no such foul Language in all our Animadversions, tho' I may modestly say, it might have been better laid out upon him, than where he has bestowed it. Is there, in short, any part of the Government that he has not traduced, or any of its Proceed that are not most scandalously represented? If this can be called a defaming of the Government; or if in the worst of Times the Government was never so defamed, than that Word in the Memorial, was not shuffled in with haste, unless it were 
Vid. Vind. p. 4.  because the multiplied Reflections were so notoriously plain, and there was no need to deliberate whether the Government was Libelled.  
Then for what Respects the Defamation of the King, (whose Reputation, I suppose, might be sufficiently wounded through the sides of his Officers, and the Blemishes he has cast upon the Administration of Affairs) but our Author's Sublime would have been lost in the Condescension, had it rested there, and not reached at the Throne, and the Person of his Sovereign; and represented him as a Despiser of all Fame, 
Vid. Six Papers, p. 1.  and as an Heroic Practiser upon some few fearful Mercenary Spirits. Not a Declaration (which His Majesty makes his own Act by signing it,) but by him in the severest manner has been Satyrised, and his Sacred Word in every one of them exposed with scorn and derision.  
The term of 
* Vid. Six Papers, p. 9  Absolute Power in the Toleration to Scotland, is represented as a Roman Piece of Tyranny; and he might for once, with March. 
* Merc. Polit. Numb. 67. 79.  Needham, in his Mercury, made his King another Tarquin; or with Mr. Sid. in his 
* Vid. His Trial.  Politics some Caligula, as well as Legibus Solutus. But I must tell this outrageous man, That this Absolute Power is no such new Term in the Scotch Law, and that there are particular 
* 1 P. Car. 2.  Acts of Parliament for the declaring of the Prince, Sovereign and Absolute: But this descant upon the Point must be carried to that height of Defamation upon His Majesty, as if he had renounced Christianity itself, and no Oaths were able to oblige him; and his being to be 
‖ Vid. id. p. 9  obeyed without Reserve, was only to render him a Turk, as well as a Tarquin: I confess, those his Representations do carry it some sizes beyond the Grand 
* Vid. p. 21.  Seignior's, and are a pretty Essay of his toward the Description of a Mahometan Government: But as he is pleased to observe in another place, Did the Obedience of the 
* P. 14.  Bowstring obtain with all sort of Subjects, such Authors might well be ordered and obliged to send in their Heads. How is the Person of his Prince treated in those dishonourable Reflections he has made upon his sitting some time since, as his Brother's Commissioner, in 
* Vid. p. 13.  Scotland; where if Injustice, and Ingratitude, Treachery, and Design, be such Charges as can blemish the Reputation of a Prince, Harrison himself could never have blackened his Father more: But if we look back upon England again, (for our Author thinks his Libels defective, if they do not vilify the King through all his Dominions, and they leave one of the Crowns untarnished, or the least Jewel of it without a Cloud. 
* Therefore Ireland is touched upon too in some of his Papers. ) The Additional Excise (which those that were more concerned in than this Author, never complained of) is by him made one of His Majesty's Invasions of Property; the Disorder of Soldiers applied to the very Person of his Prince, and his Permission. The Execution of such as desert their Colours, 
Vid. Six Papers, p. 22.  but so many Murders, occasioned by the King and his standing Army, in time of Peace, and an attempt upon the Property, (as he will represent it) of the Nation in gross; and all this rank Sedition aggravated under a Satirical Irony and affected Supposition of its being all done without His Majesty's knowledge.  
And this, I hope, is sufficient Proof that he has defamed the Person of the King, as well as his Government, and that the Envoy did not commit an oversight in 
* Vid. Vindication of himself, p. 4.  his haste, when he inserted it. And these I think are such rude Reflections, and severe Recriminations against the King and the Crown, that they are not to be defended from 
* Seditiosi sunt qui plebem contra Rempb. etc. C. 9 30. Engendering Discord between K. and People, Treason and Leasing making, 10 Act. 10 P. Jam. 6. Jac. 1. p. 2. c. 43.  Sedition, and the most dangerous attempts to disturb the State, by any Pen, but that pestilent one which makes them. The Service the Dr. does the Church of England by this preposterous way of befriending it, I am afraid will hardly be acknowledged by Her, for such a Favour, unless She mistakes Her Interest, out of a Zeal to promote it, and renounces those loyal Principles to which so long She has so Justly pretended: And I am sorry to see, that by some of its Members the Improvement of ill Principles shall in the same man be applauded, which themselves have formerly, when he was not arrived to that pitch of Wickedness, condemned, even in the same Person that has now amongst many too much of applause. It is known, that our Author had once some of the Greatest of its Pillars, that opposed his Preferment, 
‖ P. 6.  and himself complains of it too: And I hope it was upon that good Principle, that they found his to be but bad. His Metropolitan of Scotland, I am told; once was consulted for his Character, when he first came out of his own Country, and he, I think, gave him none, that could recommend him much to ours; or the Church:  
So that when impartial People see those that he has represented for his 
* Vid. Vindic. of himself. p. 6.  Enemies, and perhaps who well might be so, when as I am informed he let them know, upon their old opposing of the Bill of Union of Dissenters, that he hoped to see the time that the Established Church might be glad of one, of Comprehension for themselves, when they see those so celebrate him for a Friend, and this same Person that was at such Enmity with them, so wonderfully changed and endeared, it will certainly give some occasion to observe, That sincere Honesty can never consist in both the Extremes; that if our Author was once such an ill man with them, he can never be meliorated now, only by being worse; and that either the Dr. and the Church were both in the fault, for their falling out before, or very much to be blamed now, for such a contradictory Combination and Agreement.  
But I know too, that many good men still, of our Established Church, think D. B. still to be the same man, and that his unseasonable Services might have been better spared, since it is so plain, that his Pleading for the Church, proceeds from the opportunity that he takes by it, to maintain his own Quarrel, and to libel the State, and that the defending of the Bishops now with such an unwonted affectation, is only done for the defaming of the King with the better Grace.  
As for the other part of the Interrogatory, whither the King has not been by him represented as a Persecutor, and to have designs upon his life; shall be made as apparent, and that it was well by the Envoy, put into the Memorial, and as ill by this Author, in his Vindication excused.  
First then, he must admit the Charge of this unjust accusation of the King, or what will, I know, be more grievous to a man of such applauded Parts and Performances at the Pen, His excellent stile, to be guilty of an incoherence and impertinency; for immediately after a long Representation of his Suffering under a severe 
Vid. Six Paper, p. 49. 50.  Process, and which we know is always at the Suit of the King, after he has represented himself so ready to sacrifice his Life, after some Descant on the Evidence that were to testify at his Trial; then most emphatically follows, That it is yet too early to set on a Persecution for Religion; subsequent words must always have a Relation to their Antecedent, and a celebrated Historian can never be said to forget his Grammar; neither can it be thought that out of respect to His Majesty, he would violate any Rules in Orthography, who in many places, to defame him, has made use of 
* The Liege Letter, an absurd Fiction. Reflection on Q. Mary and Varillas.  Absurdity and 
* Vid. Vind. pag. 3.  Contradiction.  
The lame and ridiculous Excusation that he forces out even in spite of Sense, and opposition to Fact, will not serve the Turn. * These Men are two words that will do him no more service than the 
† Vid. First Part of Refl. pag. 7, 8.  Still Seems, and those I think I have made appear, were not such ill chosen Expressions, but a dulness of Apprehension, that made them raise such a Dust. It is plain by these Men, can never be meant as he would make us believe, of his Informers; for in the preceding Paragraph he clears all his Witnesses, Evidences, 
Vid. Pag. 20.  and Informers, by their own Declarations and Subscriptions, from being able to say any thing that could affect him; and certainly these Men, that he was satisfied, had nothing to say against him, were not thought by him to be those Men that intended to destroy Him.  
I will in this case make him a better Excuse out of a charitable Construction, than he has yet made for himself; I hope without that foul Language he lays to my Charge, I had convinced him in my former Animadversions, how foully he had fallen upon the King, and that may have made this last of his Papers a little more modest, and himself so far humbled, as to be pleased to give us a milder Interpretation of his Words, than ever was his Meaning in their first Composition and Original; for they being ranged among the rest of those Papers that have so much of that unimitable boldness, in the blemishing of His Majesty's Person and Government, 
Quaere. Whithis may not be called Evil Information of the King to his Liege's, which is Leasing making by the Laws of Scotland. Jac. 5. p. 6. c. 83.  cannot be presumed to be more civilly meant: Our Author knows (if he'll but pardon the Application of his Ecclesiastical Function to a Civil use) that it is the Practice of the men of his Profession, to discover any dubious sense of the Scriptures, or the Fathers, by having recourse to Texts and Contexts, by considering the several Parts of the Works, how they cohaere; and from such Collateral Relations to make their most reasonable Constructions; if I may therefore deal with the Dr. in his own way, I hope to make it very plain, That by These Men might be well meant by him, the King, and His Ministers that had a mind to persecute and destroy him: If he can paint Him as a Terror to his People, with his fearful Mercenaries, because possessed with his own Religion, may not he think, he may persecute and destroy them for the sake of theirs; and that when our Author in his repeated Reflections, has so barbarously observed, that for Religion itself, 
* Vid. His Reflections, or Parliament. Pacific. 1 par. pag. 2. Six Papers pag. 2.  he must unavoidably do it; does he not apply the decried Persecution in France, to the King of England, that Proclaims nothing but Indulgence; and that this 
* Pag. 10. p. 14.  King, to countenance him, will copy after him; that his Absolute Power may declare us Heretics, to be burnt without Reserve; has he not forced the King's own Words of Invincible Necessity, to extend to Tortures, Dragoons, and Death itself, where necessities are not invincible? And if by these must be meant only Informers to destroy you, how comes the Government itself to be made Mahometan; and His Majesty's 
* Pag. 21.  Oath that he has made to be administered in Scotland, but an 
* Pag. 14.  Obedience of the Bowstring, an Order to send in their Heads and destroy themselves? I am apt to think our Author has forgot himself, when he would palliate and excuse a Reflection upon the King, or that he may be surprised at the repetition of his own Extravagance.   

SECT. VI  
THe next Question that comes to be Considered, is, Whether by the King's Laws, every one of His Subjects was warranted to seize on such Offenders, in 
Vid. 1 pag.  what manner soever? if so, than the Dr's. Exceptions are more hastily made than the Envoy's Memorial.  
The seizing such Offenders, I had given him several Precedents of before; but our Author that pretends to Answer all that concerns himself, has indeed left it all Unanswered: By the Statute Laws of both Kingdoms (setting aside the natural Leigeance that obliges them) the Subjects are bound to detect all such as enter into 
Vid. L. Coke Inst. Vid.  any Treasonable Conspiracy against the King and Government, and cause their Persons to be 
* Jac. 6. p. 14. C. 205.  apprehended, and that upon pain of being * punished as Principal Offenders; and this shall extend to all Subjects of the King of Great Britain, wherever they reside; and more particularly, by the Laws of Scotland, the Letters of Intercommuning extend to all their King's Subjects whatever Country they inhabit; neither will that Expedient of a translated Allegiance excuse them; neither can it be imagined from even our own Law, but that all Allegiance, and Obedience, is inseparable even from those Subjects that reside in another Dominion, and even in the Service of a foreign Prince, since we have an 
† 3 Jac. c. 4.  Act that makes it Felony for any to go to any Neighbouring State, or another Prince's Territories, without taking an Oath of Obedience to their own Prince; this my 
* Inst. 3. c. 23.  Lord Coke extends to Democratical Governments, and Republics, as well as Principalities; and that to those that go thither, even without any design of entering into Foreign Service, barely for omission of taking this Oath of Obedience, before they went out of the Kingdom; a Law though it has been looked upon like a dead Letter, and so little executed, yet will serve to let us know, that this Precedent Oath was required; to prevent the pretence of suspending your Allegiance by any foreign Naturalisation, which though it may privilege you in another State for the present, could never annul that Antecedent Obedience, that by your Birth you owed, and by your own Act had sworn to your Natural Lord; so that it supersedes all doubt, but that by the King's Laws 
Vid. his Abstract of the Memorial.  all his born Subjects, wherever they reside, are bound to observe those Laws among themselves, and if such Offenders as our Author can be seized by the King's Subjects at home; they are as much obliged and warranted if they have Power and Opportunity, in what manner soever to put it in Execution abroad.  
Where Reason and Law do Justify such proceed, it does almost supersede any Necessity to defend it, by Precedents, and Arguments, from Practice and Fact, but even for that, as we are not deficient; so we will not be wanting to produce them; though we had satisfied the World in it before, and one would think our Author too, since he has not offered to return to them the least Reply.  
The Case of Dr. Story was so truly represented, Dr. B's 
13 Q. Eliz. 1571.  too, and yet no otherwise than the truth of the Fact, and that as it is related by Fox, so truly parallel, that I cannot discover the least disparity, unless it be in this alone, that the one is a famous Doctor in Divinity, and the other was only as Celebrated a Doctor in the Civil Law, which since our Author would not take notice of, when he was answering all that Related to himself, we will repeat it here a little more at large. 
Vid. pag. 1.   
Story was Imprisoned upon Queen Elizabeth's coming to the Crown, only for having been zealous in the concerns of his Religion, in the Reign of Queen Mary: The Famous Fox gives no other reasons for it, but represents him (as you might expect) under the colour of Cruelty and Persecution, though indeed he acted as a Lawyer, and an Advocate, and so could not be charged with those Consequences that attended his Vocation, no more than the King's Council in Criminal Causes can be said to kill a Man whom the Law Condemns, or the Advocate in Scotland to Persecute Dr. Burnett, because it is he that Complains of him in the Citation: However, Imprisoned as he was, he makes his Escape, gets over into Flanders, is naturalised, resides at Antwerp, acts by special Commission under the Governor; but being reported here, to have animated Spain to some Hostilities against England, as our Dr. does the Dutch to 
* Vid. 1 par. of Refl. p. 5.  resentment of Injuries which signifies the same, this by the Laws of Queen 
* 13 Eliz. Dyer 298.  Elizabeth herself, being adjudged High Treason, and this having been Cardinal 
* Vid. 3 Inst. c. 1. In Angliâ sparsum est semen ut vix â Turcico, etc.  Pool's Case, who was accused for encouraging the Emperor to invade his own Country, by writing of Books, that made the King almost as ill as the Turk; or as our Author expresses it in his 
* Vid. Six Papers.  upon our King's Absolute Power, by the * Bowstrings of Turkey, and the Mahometan Government. These things, (though acted beyond Seas, being in her Reign adjudged Treasonable, as appeared in the Case of Patrick O Cullen, an Irish Man, for a Treason at Brussels; (and our Author cannot with Justice, 
Hill, 36 Eliz.  reflect upon any Resolutions in her Reign, only cause they justify against him the Proceed of the present;) Peope then having these sort of Judgements and Apprehensions of Dr. Story's Case in the Matters that our Dr. Burnett now disputes in his own; they contrived this Plot, that one Mr. Parker should set Sail for Antwerp, being a Merchant, and by some means, or other (says Fox) bring over this Doctor into England; and that is, as I humbly conceive, to seize on him there 
Vid. Vind. p. 4.  in what manner soever; Parker repairs to Antwerp, and 
Fox. Acts and Monuments, pag. 21 52. Lond. Edit. 1583.  (as our Author phrases it) suborned some Persons to lie so far for the matter, (though it cannot be believed that they had any dispensation for it,) as to signify to him there was prohibited Books aboard in the Ship, into which, when they had Deluded the Doctor, they as soon set Sail with him for England, where by the way I cannot but observe, that this Celebrated Martyrologist calls him Traitor and Rebel, even before he was Tried; but to his Trial he was brought; and there as I formerly represented, pleaded his 
* Vid. Dr. Bs. first Letter to my Lord Mid.  Allegiance translated from her Majesty, to the Sovereignty of the King of Spain, and that for seven years ago; that he was his Sworn Subject, 
* Vid. Baker's Chron. p. 349. Dyer p. 298. 300.  and therefore (as he well deserved) says this Book of Martyrs; he was Condemned as a Traitor to God, the Queen's Majesty, and the Realm, (and as says another Author) because all his Plead were overruled per form of Nihil Dicit, the Judges resolving (as I recited in the former Treatise) that no man can renounce the Country wherein he was born, or abjure his Prince at his own Pleasure; and with this agrees expressly the Civil Law, as hereafter shall be shown: The barborousness of whose Execution, being cut up alive, and in his Anguish, after dismembering, striking the Executioner, must be more Condemned, than the Process against him, and cannot be excused by such an Author's outrageous Zeal, in terming him a Bloody Nimrod, Tyrant, and a Persecuter; and to make the Parallel, between the two Doctors more plain, the Encouraging, and promoting an Invasion of her Majesty's Kingdom, was laid to Story's charge too, and adjudged High Treason upon a Solemn Debate of the Judges. 
* Vid. Dyer, fol. 299.   
I cannot find that Spain, (though otherwise sufficiently incensed against the Queen for the Countenance and assistance she gave to the Disturbers of his State) ever made this seizing of a Naturalised Criminal, even in time of Peace, any Article for the Justifying of a War, or so much as complained against it as a Breach of the Laws of Nations; and why? Because it was never then disputed, but by the King's Laws, every one of his Subjects was warranted to surprise, or to seize on him there, in any manner whatsoever: Our Author must make himself more Ignorant in History, than he would make our Envoy in the French Tongue; if these sort of Proceed never occurred to him in his reading: but because we are apt to forget such Passages as may chance to displease us in their application, I hope to make it appear, (without being reproached for foul Language, or less respectful to that reverend Character he bears; than himself has been to that Honourable Person that represents his Majesty,) that the Dr. has not taken the pains rightly to inform himself in this matter, and refresh his 
* Vid. Vind. p. 3.  Memory with an Instance or two more.  

* Vid. Heath's Chron. 62. part 4.  Corbet, Okey, and Barkstead, some of the Regicides, upon the Restoration of the late King, and some that were excepted out of the Act of Oblivion for being Men eminently concerned in that Execrable Murder, were in the Province of Holland, at Delft and other places, seized by Sir G. Downing the King's Minister, and the Assistance of the  themselves, with the order of the States, and by the Marshal of the Town.  
The seizing the P. of Furstemburg, and now Cardinal, in a free Town, tho' an Imperial City, in the service of the French, was justified by these Dutch 
† Vid. Their own netherlands Historian.  because he being a natural born Subject of the Emperor's, he was found undermining of his Government.  
And that which is fresher in our Memories, and with which I had refreshed our Authors in the former Treatise, is the Case of Sir Thomas Armstrong, when he lay under the same Circumstances, being Outlawed for Treason; which in England is the same with the Scots Letters of Horning, and I think somewhat more than a Writ of Rebellion out of Chancery. This Gentleman, by the Procurement of His Majesty's Envoy, then residing at 
Anno 1683/4.  the Hague, and the help of his own Servants, with the assistance of some of the Officers of the Town in which he was taken, was seized at Leyden, sent over into England, and by a Rule of Court ordered to be executed; as is usual where the Outlawry is not allowed to be reversed: And, I know Dr. B. remembers this so well, that he has passed an Invidious Reflection for it, both on our Government, and Mr. 
* Vid. Continuation of Reflection, p. 59, 55.  Varillas; tho' he is forced to grant, even where he would willingly make this Proceeding against the Knight but a sort of Judicial Murder, That the Condemning Men in Absence has been always Practised by our Law, where the Absence was Wilful; and we all know it is so too by the Laws of Scotland. 
P. 54.  And I hope no one will imagine, that the Dr. was detained in Holland against his Will. And as I have already advised our Author, out of Tenderness and Respect, so it is still my opinion, That it would have been a wiser Reflection upon his Case, to consider, that by the King's Laws every one of his Subjects is warranted to seize on such Offenders, in what manner soever, then to reflect upon nothing else, but the Justice of the Court that Condemned Him, and the Memorial of His Majesty that demanded the Dr. And this Transaction is not an antiquated Precedent, that our Fathers have told us, but what we have seen with our Eyes, and heard with our Ears; tho' I cannot hear that the 
* The Attempt that was made since upon another Person, at the Hague, was of another nature, and of which they might with more reason complain.  States ever returned us any public Remonstrance against it, as a Breach of Privilege upon the Law of Nations; And why? Because by the King's Laws every one of his Subjects was warranted so to do.  
I could carry this view of History further, notwithstanding the Dr's severe Droll, on the Envoy's Memorial of Dead or Alive, to aggravate his pretended danger; and tell him of Subjects that have executed their Prince's Justice, when he has been but in bad Circumstances to demand it; and the Dr. has heard of Attempts upon an Askam, a Lisle, and a Dorislaws: but ill Practices must never make good worse Proceed, and such a Revenge as no Nature will allow, can never be justified by a Law of Nations; so that his fears are as idle and needless, as his aspersing His Majesty for it are most vainly Seditious. The best that he can make of these Circumstances that affect him, is to be a better Subject to his natural Prince, and then he'll need no Protection from any other Lords.  
And now, to conclude with what His Majesty's Memorial might well do too, * That the States ought 
Vid. Vindic. of himself, p. 3.  to punish both him and his Printer.  
The deference that was due to their Lordships from any of the Subjects of the King of Great Britain, is as Temporal too, I hope, as the Dr's Allegiance that he has transferred to them; and we are bound to retain no longer a respect, than they are found to continue that firmness of Alliance, which, as I may well say now, has been too much violated: So it might have been wished, by both sides, the Dr. had never brought it to so much as a Dispute; and tho' out of an humble regard to their Government, I do not presume to prescribe Measures to their State; I do not pretend to tell the States what they ought to do; yet I may, I hope, with all Humility, tell them what the States have done.  
1. These High and Mighty States of Holland and West-Friestland, to the Protection of which the Dr. 
Vid. Six Pap. pag. 50.  does so zealously recommend himself, did in the Reign of Queen Elizabeth 
† Vid. Reidan. Annal. Belg. Lib. 6. Anno 1587.  decree death to such as should in Libels and Reflections dare to revile Her Majesty: And I did not doubt, but that their Lordships would have been as tender of the Honour of Our Present Prince, as their first Ancestors were for that of his Predecessor, especially if they had considered him, under a more August Title, and much more extended Dominion; and that their Queen of England may with Modesty be styled a less Monarch than the King of Great Britain.  
2. There is an old Edict, as I am well informed, and that still in force, a solemn unanimous Act of the whole States Generals, united; which condemns to perpetual Imprisonment all Persons, Aliens as well as Subjects, who shall in their Dominions, by Writing or Printing, publish any Letters or Libels, to the defamation of His Majesty the KING of Great Britain.  
3. By Virtue also of this ancient Decree, did a learned and ingenious Minister of the late King, Sir W. T. then residing at the Hague, cause the Sieur John Rothe, and one Mr. Byer, Brother to the Book-holder of the Dutch East-India Company, with their Printer, to be seized; Sir John was clapped up in the Rasphouse; the other in 
Anno 1676.  the Stadthouss at Amsterdam; where they are said to be still Prisoners, notwithstanding they were Natives, and that is more than naturalised, and related to men of more Power and Wealth than our Author can pretend to. This I have had attested to me, by some men of Understanding, and one of them one of the King's Subjects, that seized them; so that by their own Laws, as well as the King's, they were warranted to do so, and the States bound by their own Precedents to punish both Him and his Printer.  
The Original Libels, for which they prosecuted both the Author and the Printer, I have ready to produce; and it was not alone the Prince of Orange's Cause that occasioned their Prosecution, but 
* Vid. Eenige Swore beschuldinge tegen de Prince van Orange, etc. p. 2, & 7. p. 2. Dat de Prince, etc. consuleert over de wictigste saken dese Republiik, Met sin Ooms', den Koningh van Engelandt, en den Hertogh Van York. p 7. Dat de Staten even Van de Prince Misbryiickt en qualiick gehandelt word als haet Parliament in Engelandt van hare Koninck.  His late Majesty, the Present * King, and the Government of England, being all Libelled in the same Reflections, animated our King to demand Satisfaction also for Himself, since the same Author had represented Him and His Royal Brother as so many Conspirators with the Prince, and reflected upon His Majesty, as betraying and usurping upon his Parliaments, after the same manner that His Highness did Design upon their States.  
These High and Mighty States did then think it their Duty to do Justice to His Majesty of Great Britain, and to His Present Majesty, though then without a Crown, who might, I hope, as well expect it from them now, while He wears one: They published their Placaets then against such an Author, and his Printer, both them, and their Orders, I have by me to show; looked upon them, and termed them too lying, scandalous, and Seditious Pasquil's, 
† Vid. Their Placaet printed too by Mr. Fagel's Scheltus, at the Hague, 1676.  promised Three Thousand Gu'lders for the Discovery, and bringing the Author to Justice; and Two Thousand to any one that should detect the Printer: But Time has shown us now the reason why these High and Mighty Men could not comply with His Present Majesty in punishing Dr. B. or his Printer; 
† vid. Miinheer Fagel's Missive printed by the same Scheltus.  tho' they thought so much myself to deserve it. These Libels were avowed only to facilitate this Invasion, and the King could have no Justice, only because they kept more in Reserve than the Dr's Society, or the deepest Jesuit, (i. e.) to do him the greatest Injury. Time has shown us now, (as our 
‖ Vid. Reflect. on Parl. pac. part 1. p. 5.  Author was pleased to tell us, some time since) not only the unjust Resentments of these States, but the false Pretences they made, of their being Ready to do His Majesty Justice, and so verified a fortiori, that my just Accusation, which our Adversary was so solicitous they should Resent. And Those 
Vid. His Refl. part 1.  that never dealt yet so fairly with Princes, have now shown themselves more fair in a superfluous Faith, to one that put himself upon them for a Vassal.   

SECT. VII.  
AND now, in the next place, to come to what concerns Fugitives, the Articles of Peace agreed on between this Crown and their State. 
* Vid. Vind. of himself, p. 4.   
Fugitive Criminals, and their Protection, has been often, and was ever of old, much controverted between Sovereign Princes and States; and so far did the Romans once invade the Power of Protection, that they procured the delivering of Hannibal, by the King of Bythinia, tho' he was only the noblest of their Enemies, and owed not the least Subjection to Rome, whose Favour he defied, as well as often had defeated their Force. This was indeed a Reproach to Prusias; as Sir Walter 
* History of the World, l. 5. c. 6. Sect. 2.  Raleigh says, upon whom Flaminius an Ambassador from the Romans had prevailed, that it made him unworthy of the Crown he wore: Which Protection, as Grotius observes, is due to the Oppressed, tho' not to Wilful Malefactors; and in the Case of a defeated 
De Jure Bell. & Pacis.  Enemy, cannot be pretended unlawful, unless by the express Articles of a League; and if in that case it shall extend to an open Enemy, it will, a fortiori, to the Subjects of either State, that were in such an Alliance, and with a more superlative reason to such as owe a natural Allegiance to their Native Prince, and only a Temporal Obedience to that State wherein they live. This Local Subjection my Lord Coke will allow to be 
3d. Inst. c. 1.  due from Aliens; so that during their stay there, their Allegiance is as much translated to the Foreign State, as it can be done by the Act of Naturalisation, or our Author can pretend to: for the Naturalising Foreigners, may empower them to greater Privileges in the place wherein they live, as does our Denization too, but can never make them less Subjects to their natural Lord, to whom, as Natives, they belong: For when Grotius 
* De Jure Bell. & Pac. lib. 1. cap. 3.  observes, that no Confederate has a right directly to apprehend and punish the Subjects of another Confederate; and instances in Decius, who when bound by Hannibal, was upon pleading it set at Liberty: He is there only to be understood of such Subjects as are natural born Subjects and Natives, and not made so by a formality of Law: And yet this Author, that is favourable enough in the Point, is of opinion too, That if a Native should act any thing against an express Article, agreed on between a neighbouring Nation, with whom they are in League, the King or State are obliged either to punish or deliver up the Offender to the Persons injured: And since our Author makes his 
* Vid. Vind. p. 3.  Marriage such a Warrant from Solon's Laws, for his Naturalisation, that same Lawgiver I must tell him, would not admit any Strangers to be enroled among his Citizens, unless they were banished out of their own Country for ever, such whom their Country did renounce, and not those that renounce their Country. And tho' this Marriage might have given him some ground for his being naturalised, I hope it gave no Colour for the translating his Allegiance; or else it would sound a little Unlucky, that his being Married in another Country, should occasion his being Horned in his own.  
But then, in the Case of Rebels and Fugitives, we 
Vind. of himself, p 4.  shall find again a vaster difference than in all the rest.  
By the natural Law as well as the municipal ones of the Land, the King has a Right to the Service of 
* Vid. 11 Hen. 7. c 1. Vid. Calvin's Case, K. Jam.  all his Subjects; can command their return or removal from or to any place abroad; and nothing has been more frequently practised; and they refusing to do this, (which has been as often obeyed both by whole Bodies and Societies of Merchants, as once in the Hamburgh Company, to Stood; and some others) tho' but as single Persons, has been always adjudged Rebellious, and is indeed so by all Law; even where no such criminal matter, as High Treason, and the refusal to appear, does make the Offender so. Now, though our Author went out of Scotland fourteen Years ago, and 
Vid. id. p. 4.  left England by the King's Leave, yet if upon His Command he does not return, I humbly conceive, that truly in a Legal sense he may be styled Rebellious, and a Fugitive; though there was no Crime that stained him deeper with that Appellation, or gave him more occasion for his Contumacy and Flight; for the flying from Justice after the expiration of the term of Appearance, is that which makes him a Fugitive, tho' he departed the Realm with all the solemn Leave and Permission imaginable: So that the second Memorial of the Marquis was founded upon as much Reason, and upon which this Author would as vainly fix as much Absurdity; where I too cannot but take notice 
Vid. ib. Vid. 1 Lett. to my Lord M. Vid. 2d. Lett.  how he labours to make that an Inconsistency in the Memorials, which he endeavours to reconcile in all his Writings, viz. That of being the Subject of the States, and yet to be punished as the King's Subject, for to them he is willing to be thought but a Temporal Subject, and yet at the same time to retain for His Majesty, as his Natural Lord, all Duty imaginable: And I must confess, had not his unhappy Expression of translated Allegiance been Treason by the Law of Scotland, and which, the English one's too say, cannot be by such an 
* Coke 7 Rep. fol. 90. Dyer fol. 300. Also Dr. Story's Case. ut Supra. 13 Eliz.  Abjuration transferred; he had not pronounced himself a Rebel and a Fugitive, under his own hand; and by his Letters to the Secretary, before those of Horning were issued out of Scotland: the most favourable Construction that could have been put upon it, was, (did not his Malice against His Majesty and His Government, betrayed by his Reflections since, prevent an excusing it) That his professing so much Divinity and the defence of the Gospel, had hindered, or excused him, from the discovering how deeply his unalterable Allegiance was founded by the Law.  
The Celebrated Case of his Countryman Mr. Robert Calvin, (and the Doctor, I know, upon another account, reuerences the Name) which my Lord Coke has so largely reported, has carried Allegiance to that pitch, 
Coke 7. Rept.  that I think it is not so easily translated; he calls it Allegiance and Obedience inseparable from every Subject; as soon as born he makes it to Commence, before the first 
Fol. 4. B. f. 5. A.  Oath of Obligation is taken in the Court Leet; for this Opinion he citys too the Scotch Exposition of Mr. 
* Vid. his Exposition ad Regiam Majestatem.  Skeen, who (I find) says this sort of Liegiance is due to the King alone, with exception to all others; so that as my Lord Coke observes in this point, the Laws of both Countries agree; and this Naturalisation being but what Lawyers call an acquired Allegiance, cannot (as I observed before) Eradicate, or defeat by such a formal Contract, that natural Obedience, that is so deeply rooted.  
It is positively asserted in that Case, That the King has 
Fol. 8. A. B. Potestatem habet in partibus transmarinis, fidem & fideles in partibus transmarinis.  a Command over his Subjects, as well out of the Realm as within, that they own him Faith and Fidelity in Foreign Countries, and from thence he concludes, (as I hinted before) that Abjuration, (which is an Act of Law, and by which you are forced many times to forsake your Kingdom for a Penalty) cannot excuse you from your Natural Obedience, though under an exile; for (says he) the King may in mercy restore him; much less then, I may conclude, against our Author, shall a Voluntary Abjuration, translate his Allegiance, and which was overruled against Dr. Story, that he could not do it at his pleasure; though 
* De Jure Bell. Lib. 2. cap. 5. Pag. 4.  Grotius is indeed of another Opinion in the point of Banishment, which does not come up to our Author's Case, he being desired to return; and the Heraclidae had a better pretence when they were banished Argos, to plead their being no longer Subjects to Euristeus; yet even Grotius grants there, that by the Roman Law, where a Citizen forsook his Native Habitation, he was obliged still to such Offices as should be imposed on him, and to pay Contribution; which implys, that even in Governments Democratical, birth lies such an Obligation by Nature to the place where one is born, from which we cannot so soon recede by our own Artificial Acts and Pretences: And as he has granted too, that no number of Persons, or particular one, can desert his Country, if the Public be injured by it; so I may conclude, that no number of Mutinous Men, or single Seditious Subjects, can by any Expedient whatsoever, extricate themselves from their Obedience, and be protected in it; where the Justice of the Nation is both affronted and evaded, and consequently the Public Peace in danger to be disturbed.  
But as our Author could not but take notice of the 
Pag. 4.  great difference there was between the Memorials, so I cannot but observe the same in his defence, and Vindication; in one place he intimates his claiming and desiring the Protection of the States; and in another, values himself and his Innocency, upon his never having desired it; I applied myself (says he) immediately to the States 
* Vid. Pag. 3.  of Holland, to be Naturalised; and in the next Page appeals to the States of Holland, if ever he made any Applications to them.  
But we must consider further, what States and Princes have done to Persons under his Circumstances; whereas, all the Answer that was given to the Envoy, about his be coming their Subject, did (in short) amount to this; They first Naturalised him, that they might protect him, and then say he was under their Protection, because he was Naturalised; but to do all Justice, even to those that do not design, to any people, or to us to be so much Just; the offering to put our Author to his Trial there, would be somewhat of satisfaction to the Laws of Nations, as well as our own; had it been but as sincerely put in Execution, and that which has already been objected, had been sufficient matter to have founded any Process, had it ever been in reality designed; and as we have shown what they themselves in the same Circumstances have done, and by some of their Edicts and Decrees are obliged to do; so we shall with the like deference to their Authority, represent a little larger Draught to their View, of what other Nations have granted in such Cases; and in which all Statesmen, and even some of their own do agree.  
It is an indisputable point, and from the Laws of both Kingdoms plainly appears, that by the Letters of Horning, in the Case of High Treason, the Criminal is declared, a Rebel, and a Fugitive, for the worst of Crimes that can make him so; and by our Writ of Outlary he is looked upon as such in the like case; and can (if seized before the Year be expired) if the Court think fit, be denied to reverse it; and though but very lately, it was offered from the merciful Inclination of the King and the favour of the Court, to one 
‖ Holloway's Case of Bristol.  that was fled to one of our Plantations for High Treason, yet it was as soon afterward denied to another, 
† Sir T. A.  we have mentioned before, who suffered as Justly without it; this being considered, the Act of flying makes them not only Fugitives, but Traitors, as much as if they had been Tried and Convicted by a Judicial Process, from the Construction of our Law; and therefore I suppose it is the common Quaere in the Cases of Felony, whither the Criminals fled for the same, it being always to be interpreted, the greatest Argument of their Gild? Now no Judge, either of Law, or Reason, but will allow, that a person (though occasionally withdrawn) that refuses to appear when a Citation is issued forth, but is as much a Fugitive, as if he had but immediately fled upon his being Cited; and this being our Author's Case even when it's best excused; we will consider, how by the Laws of Nations he is to be treated.  
It was a Saying of Tertullian, that against Public Enemies every Man is a Soldier; and I suppose, that may imply that every Subject, when a Criminal is declared so, is warranted to seize him in what manner soever: by the Law of Nature, says Grotius, every innocent 
De Jure Bell. Lib. 2. c. 21.  person has a right to punish a Malefactor; and it is only the result of our being settled into Civil Societys', that leaves to the respective Bodies, both the Right and Liberty to punish Offenders against themselves; though this does not hinder Foreign States from punishing them, which they must do, or deliver them up, if desired, to the Injured one; and since neither of them has been done here, though both demanded; it cannot be well justified by the partial Arguments of the Doctor, and as little to be defended by the Pen of a fairer, or a better Advocate: This sort of Dedition, Sacred History affords us sufficient Examples of, as well as the Profane, I had given our Author some that I think related to himself; but since he supposes he is not concerned to Answer them, I shall send him so many more.  
We shall not insist upon Sampson's Case, and that of the Benjamites, (since our Author pretends to engross all the Divinity, and will not grant us so much as to understand the Doctrine of the Arrians) and 'tis more than he'll forgive us now, the touching upon Tertullian, or a Text of Scripture; neither shall I lay any great weight upon what was done by the Lacedæmonians when they were denied by the Messenians some that had fled to them only for Felony and Rape; neither need I show, how even great Commanders, or Princes, have been so unfortunate as to be demanded; as Cato desired the Senate to deliver up Caesar himself, to the Germans, and our Usurper as impudently expected it from France, and these States, in the case of our Exiled Sovereign, neither shall I repeat those Precedents I have formerly applied, that which is more proper in this place, shall be what relates to the stirring up Sedition, or disturbing the Peace of a Foreign State, which no Government can tolerate in their own Subjects, or Fugitives. Thus did the Romans demand from the Carthaginians, that Amilcar 
Livii Lib. 2.8.  should be delivered up to them, because he had solicited the Gauls to rebel against them. And thus did the Athenians make public Proclamation, that whoever should plot any mischief against Philip, and fly for protection to Athens, should instantly be delivered up to him. 
* Phil. Com. Lib. 1. c. 1.  The Duke of Burgundy being required by Lewis XI. of France, to deliver up De la March, for writing somewhat against his Government, was answered by the Duke, that though he was not in the least the King's Subject, yet if it could be made out, he had said, or done any thing against his Majesty's Honour, he would see him punished as he deserved.  
And though Grotius observes in their favour, that they are not absolutely to be delivered, yet grants they must (if that be refused) be necessarily Punished; and this was the Complaint of the Aelians against those of Lacedoemon, that they would do neither; and where the same Author observes, that our Europoean Princes have in the last Age Connived at the protection of some Malefactors, yet he grants it is only in lesser Crimes, never to be allowed to those that are disturbers of the Public Peace of their own Country, or directly excepted against in the Articles of any League. Gylippus the Lacedaemonian discoursing upon this point of protection, says it was ever intended only for such as were unfortunately miserable, and not for those that are maliciously wicked; and 
* Misereri oportet qui propter fortunam non ma litiam in Miseriis sunt. Vid. Cicero, translat.  Demosthenes says the same, and I shall submit it to the Judgement of the World, as well as to the States, whither our Author's Malice against the King and Government, has not brought him to his misfortune.  
All the old Cities of refuge, which we read of in the Sacred Writ, were only granted to such unfortunate Offenders as we mentioned before, and all the Precedents that can be brought where their delivery has been refused, as the Chalcidenses did Naaplius to the Groecians; King Pepin those that fled to him out of Normandy; the Emperor Lodovicus Pius those that ran to him from Rome; and the Gepidoe, Ildigisales to the Romans, was either, where the accused had cleared themselves upon a Trial, or where they fled from a Tyrannous Persecution; and that I suppose is the reason why our Author would represent himself so 
* Vid. Six Pap.  Persecuted, and make the Case of the 
* Vid. Vind. of himself, p. 5.  Fugitives of France to be his own.  
I cannot but remark here upon the Modest Request, that by the 
* Vid. 1 Memorial.  first Memorial was made against the Dr. and which he treats too, with as great rudeness, and derision, which desired civilly, if they would not deliver him up, only that he might be banished out of their Dominions; this, I humbly conceive, was a Condescension, where it might have demanded his Trial, and punishment for High Treason; this was such a reasonable Request, that all History, and Law, give a greater allowance, as in the former Precedents has been shown; and in this, as by some, we shall now show, was never in the least controverted; so did the * Cymaei, who when they would not deliver up Pactyes the Persian, yet notwithstanding, they would not offer to keep him, but sent or suffered him to fly away to Mytelene; and Perseus King of Macedon in his Apology to Martius, writing about those that had betrayed Eumenes, says, As soon as upon your Information, I found these Men in Macedonia, I commanded them immediately to departed my Kingdom, and for ever interdicted them all my Dominions.  
The denial of this, I am sure, is more to be admired, than defended, and the Dutch might think themselves as injuriously dealt with all, if ever they should happen to be so denied, if Private Subjects shall have such a right of Prosecution? if in Civil Actions Creditors can demand it for a Debt? how can it be justified, when in an offence against the Crown, and the highest too, it is denied to one of the greatest Princes in Europe.  
Our Author utterly mistakes it when he would make 
Vid. Pag. 4. 1 Consid.  us believe, That by the sense of the seventh Article, all Condemnations being to be under Public, and Authentic Letters, must be meant of the Record of the Sentence being to be transmitted them: A body would have thought a Copy of it might have served the turn, for Records are not so soon parted with out of Westminster-Hall; I do not know what may be done out of the Archieves of Scotland, or their Registers there of their Journal Books, but if I mistake not by a Law of his Country, Letters of Horning, and their Executions, are not to be proved by Witnesses, and that forbidden by 
* Ja. 6 p. 6.  Act of Parliament; so that it is impossible to make such proof as can attest a Copy; and for the Journal itself, I suppose they would hardly send; but by that Article may be as well understood, that an Envoys Memorial representing, that by the Laws of his Country such a person stands Condemned, that this is of itself a Public and Authentic Instrument, when it comes from the hand of such a Public Minister of State, and therefore in the forementioned Case of the Prince of Macedon, as soon as he received but information that such Men were retired into his Territories, he immediately interdicted them, and immediately upon the demand of Bothwell, Queen Elizabeth said, she would either deliver him up or send him out of England.  
But such Arguments as the Schools call ad hominem, with some People are most prevalent; therefore as I do not in other things pretend to prescribe measures to the Dutch, of what they are to do, so I must offer one Instance more of what in this case too they have done, and that without proof or examination.  
'Tis known then, that they of Holland not long since delivered up the Cook that had been in the Conspiracy with the Countess of Soissons of France for poisoning; and he that endeavours with his Venom and Malice to Alienate the Subject's Hearts from the King and his Government by the misrepresentation of him, and his Proceed, which by the Law of the Land is called Treason, must by that of all Nations be concluded to have forfeited that right of Protection, which as hath been shown, in such offenders, it does more particularly refuse to favour.  
In the Article of the Crown of Denmark, for the securing 
5 Article Feb. 4. 1660.  and returning us any Regicides, that should be found in their Dominions, or should hereafter repair there, it was agreed, that upon the first notice to that Crown, assoon as the King was told of their being there, they should be apprehended, put into safe hands of their own Officers, or of such as the King of England should appoint to take them into Custody, and this was observed, without any expectance of any Record of their Sentence and Attaindure.  
As to his second Consideration as it relates to the common Acceptation of the Word Fugitive and Rebel, when the concern is national, they may either be construed according to the Municipal Laws of the Country, or the Laws of all Nations, and by both of those, his Construction of the Terms, as well as of the Merit of his Cause, will be certainly Condemned; for a Fugitive, (as we have intimated before) by the Laws of both Kingdoms, is so reputed from the time of his absenting himself after Citation; though he were innocently absent long before; and by the Civil Law, according to which, all Leagues and Treaties are to be interpreted, and take their Acceptation; he that is accused of the Crimen Laesae Majestatis, is criminated for a Rebel, and therefore it is promiscuously called too, the 
* Idem perduellio dicitur Zouchaei. Elem. p. 4. Sect. 9 etsi is proprie perduellionis reus est qui hostili animo adversus Remp. vel Principem est Armatus. Vid. Ibid. & D. 48.4.11.  Crimen Perduellionis, though properly in strictness, he is only guilty of the latter, that comes, Armed in an Hostile manner to Invade the King, or the Commonwealth. I wish our Author could help himself better in his Explanations, which for any thing that he has offered yet, he must be concluded in the Articles of Treaty, which have been so often ratified and confirmed, and which deny any Protection to declared Rebels, and Fugitives: And this was the Opinion of the  
* Vid. Their own netherlands Historian.  themselves, in the Case of the P. of Furstemberg, whom they looked upon as a Rebel, for not obeying the Imperial Mandatum Avocatorium, as well as for bearing of Arms against the Emperor; and by the same reason the Regicides might as well have been refused us, because many of the King's Judges never bore Arms, but even that it seems our Author does not decline, to make himself in his own sense, and the Literal one, a Complete Rebel. 
1. Letter.   
The Third Consideration is, his being Naturalised by the States, before he was Prosecuted by the King.  
Did that Naturalisation (as our Author in his Letter does falsely imagine) eradicate all that Relation he has to his natural Prince, and Liege Lord, did it really translate that Allegiance which he pretends it does? much might be argued from it in his defence, but since so many Precedents have been brought, that have proved it quite otherwise adjudged, and seconded with as much reason as my little stock could afford, and that strengthened with the resolution of all the Laws, it must be concluded, that his being the States Temporal Subject, does not make him less the King's natural one, and if Local Protection, as he observes, is so inseparable from Sovereign Power, I am sure by what has been said, Natural Allegiance will appear to be more so, so that his defence here, is only the very Crime that is in question; which like the glorious ills of the Roman Hero, must only be maintained by doing greater.  
But because I would give all the satisfaction imaginable, we will carry this point of a Natural Allegiance being Inseparable, some few steps further, and see first, what the Laws of all Nations say of it, and then what we find said in those of our own; and for the Imperial Law, in this point, it is positive, that every one becomes a 
* Subditus quisque fit, primúm ratione nationis. Zouc. part 4. Sect. 2.  Subject truly, and originally, with respect to that Nation under which he was born: And by this word Nation, (which those Author's use to express it by) I do understand, that Government is more properly to be intended; for I know, that People may be born the Subjects of the King of Great Britain, and yet without 
Vid. Act of Parl. de Natis ultra Mare. Vid. Crooks Rep. Bank's Case.  his Dominions, tho' not his Government; and is the Common Case of those that are born in English Factories beyond Sea, which by a Fiction in Law, transfers the place of birth to be within the Diocese of London, and the County of Middlesex: And this, if I mistake not, is the Resolution of Bank's Case in Crooks Rept. so careful is our Law, lest any natural Allegiance should be transferred to a foreign State, that to avoid it, it transfers the place of your Nativity in another Country, to the Territories of your own Prince; and therefore we are told by Civilians, 
* Partus non tantum Parentis, verum etiam reipub. nascitur, cujusmodi ad Rempub. relatio Exui non potest, D. 37, 8, ●, 12.  That every man is not only his Parent's Offspring, but that of his Kingdom or Commonwealth, and this relation to his Country he cannot renounce or translate. This is positive against our Author's Assertion, that has occasioned his Prosecution in Scotland, where he says, it is already, and actually translated; when by the Laws of that Country, the very bare limitation of his Allegiance had been Crime enough to have cost him his Life. And so plain and full are the Laws of Nations in this Case (and which a Country that is partly governed by them cannot contradict) that they say no one can 
* Origine propria nemo potest voluntate suase eximere, nec si aliam assumat, quod assumptio originis, quae non est, veritatem naturae non Perimit, c. 10. 33, 4. D. 5. 1, 6.  Divest himself at his 
† So also say our own Laws. Vid. Dr. Stories Case ut Supra. Dyer 300.  Will and Pleasure, of this original relation he has to his Prince and place of Nativity; no, tho' he assumes unto himself another: For the assuming a pretended Origination, (and naturalising is no more) does not extinguish that natural one which in reality he must ever retain; neither by 
* Neque mentiendo, neque recusando Patriam, veritatem mutare potest, Zouch. ibid.  falsely renouncing of his Country from which he had his birth and original, can he change the Truth and Nature of the thing. And this was so loyally, learnedly, and judicially resolved in the very same words, in the recited Case of Dr. Story, by all the Judges in Queen Elizabeth's Reign, (who is celebrated even by our Author, and others, for employing none but men of the greatest Understanding in the State) that it must supersede all Objection; and if the Civil Law will not by our own Municipal Resolution of the Judges of the Land, Dr. By'r, must be silenced and convicted, even from a Process in the 
* 13 Eliz.  Reformation, and an Historical Consutation out of Mr. Fox.  
These Imperial Laws do so expressly oppose our Author's Expositions, that they call him a 
† Transfuga est, qui ab Repub. Defecit, & Deficere dicuntur qui ab his quorum suo imperio sunt desciscunt, D. 4. 5, 5.  Fugitive, that falls off from his Country and Commonwealth; and this Defection they define to consist in renouncing their Obedience to that Government, under which they were born; and this Native, in the Phraseology of their Law, they call an 
* Originarius & Incola in eo differunt, qued ille perpetuus hic pro tempore subditus exsistit. Zouchaeus Elem. Jurisp. p. 4. Sect. 2.  Original, (a term which our Antagonist is no Stranger to, having naturalised it into his Works;) but the sense of it here signifies a natural born Subject, whom, Civilians say, differs from an Inhabitant, and adventitious one in this, that the one owes a perpetual subjection, and the other but a Local and Temporal one; and this perpetual Obedience, that is so inseparably required, from what has been said, does appear unalienable; and what course our Author has taken to translate it, cannot apprehend, if it be so transferred, (as for the concern and sake of his Cause more than from any Conviction from his Reason, he would persuade himself to believe) then, whenever there should happen to be any breach between those Crowns, or States, that were at present in good Amity and Correspondence; Such Deserters are by their own Conclusions qualified to fight their own Prince, and Invade their own Country, and perhaps, for that end, our Author maintains the Paradox of this rebellious Position; for Allegiance being once renounced by him, as well as Passive Obedience, there remains nothing but to exercise an Active Valour, and the verifying his being a Rebel, even in his own sense, a Man that has born Arms against his Prince. 
Vid. Vind. p. 4.  For where Obedience and Birth is translated, there remains no Obligation, and tie, to Duty, or Relation: but I am afraid, should such Expositors upon their Allegiance, by the fortune of the day be made Prisoners of War, they were not to be treated as Common Enemies, but as so many Rebels, and Fugitives: It will be too late for them then to have recourse to the Postliminium of the Romans, when they have made themselves Renegadoes; when they have renounced their Allegiance, by so  an Act as their own hand writing, they cannot return themselves again to their former Rights and Privileges, they may be received indeed, (as Civilians say) but than it must only be to punishment; and upon these Principles, I suppose the Laws of Scotland proceed, when it makes such a Renuntiation, Capital.  
Captive Enemies; that are taken in the Act of Hostility, have generally by the Laws of Arms Quarter allowed, and Liberty to departed; which is more, or less observed; according to the dealing they meet withal from one another; but should one be found, that by a voluntary abjuration has renounced his King & Country, amongst their Enemies, either in Arms, or without, in Camp, or in City; he is to be put to Death as a Deserter, and Fugitive; and this is confirmed, by constant practice, as well as warranted by all Law; and where the person owns his Allegiance, actually translated, he makes himself the same Criminal, as if he were in League with his Prince's Enemies; though that is a Circumstance that will much aggravate the Crime; and the being under the Protection of his Friends and Allies, 
* Vid. Grotius Lib. 2. c. 21.  only hinders the Prince from entering their Territories, with an Army to demand him; but that cannot debar him from his right of demanding his punishment, or Dedition.  
So much for what Civilians say in this matter, and it may not be improper to superadd, what common Lawyers, upon the Case have resolved; my Lord 
* Vid. Calvin's Case.  Coke, to this purpose observes, that natural Allegiance being an Act and Habit of the mind, it cannot be confined within any place; and from thence would infer, that his Countryman Calvin in his Controverted Case, could not be said, when he was in England, he owed the King of Scots, no natural Obedience; and that natural Leigance should have any respect to a Local one, was an insufficient Plea, and upon the whole, it was concluded, that a natural 
* Vid. His Vind. pag. 4. Nullis claustris Coercetur, nullis metisrefraenatur.  Allegiance could not be 
‖ Vid. id. Calv. Case. Jura naturalia sunt, immutabilia.  constrained with any force, or confined within any limits; it is concluded there, that this Allegiance is due to the King by the Law of Nature; that this Law of Nature, was long before any Municipal one of the Land, and that it is part of our own Law, and must be for ever immutable; and what is due by the Law of Nature, a Moral 
* Vid. Aristot. 5. Ethicor.  Heathen will not say can be translated and transferred; and therefore this Allegiance could not be denied to be due even to Tarquin, though there were then no Civil Institutions among the Romans that confined it; being before Papirius had reduced any into Writing; and if with the permission of this most Polemical Divine, I may be allowed to attempt upon his Province, those inculcated Texts, of being subject to the higher Powers, and that, not only for fear, but for Conscience sake, seem to me, to have a more immediate respect to those that are their Natural Princes; and to the Law of Nature, which did most conscientiously oblige them, more than any fear of Municipal ones, and Civil Institutions.  
I agree with our Author, that the point of Naturalisation 
Vid. Vind. p. 5.  is an Universal Practice; and the right of granting it is inseparable from Sovereign Power; so 
† Novel 78.5.  Antoninus Pius gave the Jus Civitatis to much Forreign-People that repaired to Rome: And though our King cannot naturalise without an Act of Parliament, (which I cannot see but might have been admitted, as a point of Sovereignty, it being of old allowed to his Original Ancestors, the Roman Princes, and the denying it fixing somewhat of Sovereignty in the three States;) yet by our Law now, he grants Letters of Denization, which is as 
* Coke's Report. fol. 25.  inseparably assixed to his Royal Person; yet still this being Denizened, or Naturalised, shall never alienate that Allegiance you own your Natural Prince; much less, protect a man from the Justice and resentment of his Lawful Sovereign, for if it cannot be defended in those that are born Subjects of a Foreign State, it cannot be imagined justifiable in those that are Naturalised; for though that puts you in a conditionas if you had been a Subject born; yet it is with relation only to personal defects, to qualify you for the Privileges of a Native, and not to exempt you from the Obligations you own to the Laws of God and Nature.  
By what has been said, and somewhat more that I shall now say, I hope he'll retract this opinion; That 
Vid. Vind. p. 5.  the Obligations of Honour, that all Sovereigns come under, to protect whom they have naturalised, against all things but their own Justice, is no dark point of Law, and that it is what every Prince Practices.  
That Obligation of Honour, (were there no Leagues to oblige them,) would on the contrary, command them not to justify those Crimes in Naturalised Subjects, which they cannot defend in their Natives; he is so far from clearing this dark point of the Law, that he has made it only more obscure; and indeed, put the Law quite out, like the Expositor that Writ so much of Fiat Lux upon his Window, till he had darkened the whole Room: And for the practice of Princes it is plainly against him; some Precedents there are where Protection has been much insisted on, as when the Venetians defended Pope Alexander against the Emperor Frederick; but I hope our Author will not make his Case that of a Sovereign Prince, when the Chalcidenses refused to deliver up Nauplius to the Greeks, (as we have observed before) it was after they had found him Innocent by a formal Trial; and that obstinacy of the Gepidae, (even by which they perished) was not for protecting a Criminal in the Case of High Treason; and for a more Modern Instance; when Queen Elizabeth demanded Morgan, and others 
34 Eliz. Cambden, fol. 25.  out of France, and was refused, it is apparent, it was upon a particular revenge the French King proposed to himself by way of Retaliation; for he would not so much as offer her to put them to a Trial there; which all Authors do indisputably agree in, aught to be done, and which the 
* Vid. Answer to 2d. Memorial.   themselves in his own Case grant to be reasonable, though they do not put it in Execution; for he told her plainly, 
† Si in Anglia quid machinati sunt, Regem non posse de eisdem cognoscere. Cambd. ibid.  that he could not (that is more truly) Would not take any Cognisance in France for any thing they had done in England, tho' what the Queen pursued them for was High-Treason too: But when we come to Consult the History, we as soon come to see the Reason too; and that was returned in the very answer of the King's, viz. that the Queen had not long before 
* In suum regnum Mongomerium Principem Condaeum, etc. ad misisse Comd. 1585.  received Montgomery, the Prince of Conde, and other French Fugitives, into her Protection; and truly, if we consider her as encouraging all the troubles of that Kingdom, and his Subjects that she assisted when in Arms against their King, in a cruel War, and that against her own Articles of Peace, it cannot be expected she should meet with much Compliment from such a King, or the Common Justice that the Laws of Nations would allow; neither would it be a rational Conclusion from Particular Instances, and those ill applied, to subvert a Universal Rule of Reason, Equity, and Right.  
This Obligation of Honour that all Sovereign's lie 
Vid. Vind. p. 5.  under, to protect, whom they Naturalise, against every thing, is, I think, another of his unlucky Reflections, and that upon the Honour of all Princes. I cannot tell You what sense some sort of People may have of this Honour, that don't use to stand much upon having any; but Crowned Heads, that are generally the Fountains of all that is Honourable, treat one another with more respect. The sense that the Ancients had of this Obliging Honour, was briefly this: Dion Chrysostom says, that among the many Mischiefs that attend Governments, and cause all this Discord and Disturbance, he counts this for one; The protecting Criminals and Offenders, that fly from one City to another; That the next Degree to Treason, is to harbour and Protect Traitors; and next to the Renegadoes are those that receive them. This is observed by 
† Grotius, Lib. 2▪ C. 21. Quintil. Declam. 255.  Grotius out of Quintilian, and our Authors offering to put this Principle upon the States, is by the Consent of their own Grotius, the greatest Libel upon their Lordships; they might have been more honourable and wise, than to permit a particular Person's Crimes to Be paumed upon them, for an Interest of State, and a single man's Offence, (that can hardly be said to be a Subject) to make their Government suffer by a national Imputation: And thus Aeschines, in his Answer to Demosthenes declares, in his Treaty with K. Philip, for the Peace of Greece, That the Malefactors themselves, and not their Cities, should suffer for their faults; which nothing but the punishing or delivery of the Criminals can excuse; and for this reason the Cerites presently left it to the choice of the Romans, which they would have? And as I observed above, I thought the States, would have been more truly honourable, than to entertain such Maxims of Government for a point of Honour, and that the Wise Administrations they have many times shown, would not have permitted them to receive it, as a point of Wisdom or Policy, and that from an Instance, that these their most Learned Statesman that ever their Country afforded, (or indeed any other) has applied to the Case, 
Ibid.  and that is Basilius' sending to Cosroes, for one that was his own Subject; but being declared a Rebel and a Fugitive, tells him, he hoped he would be so prudent, as not, 
* Somewhat to this purpose said the Romans, when they sent for Jugur●ba.  by Protecting him, to countenance such a Precedent against himself. And indeed, this has been in this last Age, the real occasion of debauching it into our Author's degenerate Principle of Honour, when by the first Breach upon its Purity, other Princes were disengaged from those Obligations that they had to it, and forced by a most preposterous piece of Gallantry, to recede from the very Rules of Real Honour, for fear of putting up of Injuries, and failing of the satisfaction of a glorious and honourable Revenge: And in this sense indeed I can submit to the Saying of our Author, That it is practised by all Princes as often as there is such 
Vid. Ibid.  occasion for it.  
And therefore I can further agree with him, that 
Vid. Vind. p. 5.  the States are no further bound by it to the King, than the King is bound by it to the States, unless we could fancy a Deeper Obligation in a Monarch to adhere to the Rules of right Honour from his Royal Blood, than can be expected from their mixed Constitution, in a Democracy; and this Mutual Obligation, as appears from the repeated Arguments of History, Reason, and Law, is as Reciprocally obliging, where there are no Leagues or Articles to make it more binding; but where there are, it only supersedes all doubt, and makes it almost a Forgery to dispute it: And should a Dutchman naturalised (as he puts it in his inverted Case) be demanded for so high an offence as High Treason, His Majesty might doubtless deliver him up, or Punish him, if convicted, upon a legal Trial of his Peers, and that by the Laws of all Nations, were it not specified in any particular League; for as it is proved before from all the Topics of Argument, that Law or Logic, History or Fact can afford, that this Naturalisation being but at best an Acquired Allegiance, cannot eradicate that natural one that is immutable: it privileges them only in things that respect their private persons, and not against the Public Relation they retain to their Country; it cannot legitimate him, if he be there born in it, a Bastard, and can no more make him a good Subject, if he be fled from it for a Rebel.  
The Custom and Right of our being tried here, per Pares, is with submission, nothing to the purpose; for 
Vid. Ibid. p. 5.  in Leagues and Alliances, we being to be guided and governed by the Civil Law, if such a Criminal be delivered up, it supersedes his Trial; and if he be tried according to our Common, it prevents his Delivery; and if it be for such Crimes as are punishable by the Laws of Nature and Nations, (as Treason and renouncing natural Allegiance were ever reputed;) it may be tried by the Imperial Law, as well as the Municipal ones of any Land. These are Transactions of States, and Measures of Government, that must no more be confined to our Acts of Parliament, than is the sovereign Power of making War and Peace, (and upon which both of those commonly depend;) but our unfortunate Author continues only in this, his unlucky touches, so usual against his own Interest; for if he's an Englishman (which in this Case, out of Favour we'll grant him leave to fancy himself) he ought to be tried by his Peers, and the Custom of their Country, not admitting such a sort of Process; the Evidence being transmitted hence by way of Memorial or Proof, it would only give our Government a juster Reason to demand him, and theirs from the peculiar Proceed of our Municipal Law, to think, they cannot do him full and speedy Justice in the Court of Holland. 
Vid. p. 4.   
And in Matters of such mighty moment, as the Concord and Amity of Crowns, Leagues, and Alliances, of Princes, and States, private Persons may lie under an Obligation of Honour and Honesty, and perhaps Piety too, that may not be very pleasing to such an Offender; that is, to make a voluntary Dedition of themselves, to prevent any dangerous Contests, and public Calamities that might ensue, or at least to retire out of those Territories, where an obstinate Continuance may create an unhappy Disturbance: This might be counted a more becoming Prudence, instead of an 
‖ Vid. Vind. p. 5.  unbecoming fear. This, some Casuists have thought the Duty even of the most innocent Persons, and is only more obliging upon those that lie under the Suspicion of the greatest Gild. This, though he be not bound to it by Right, yet he may be obliged in Charity; and those which are no Acts of Justice, yet may be done out of Piety and Love, which as they cannot be performed without Praises, so they cannot well be Omitted without blame: And 'tis our Author's peculiar Affectation, that with 
† Pag. 6.  relation to the Public, he is free from the very fault of Omission: but he is too apt to value himself upon his Excellencies, and even such as can't be well called his own, though the greatest Advantage he has, and that is, the being protected against the Resentments of the King of Great Britain, was of such an inconsiderable value, as hardly to be 
Pag. 5.  worth the ask. Our Author might have forsaken the Country, as tender as he is of the Rights of it; which would have remained perhaps more unviolated than some Princes may think, those of all Nations are in his protection; I know, the persuading such an Hero to a voluntary retirement, is much such another Task that an Ingenuous person undertook to persuade our Usurper to Hang himself; but as that kill might have been indeed no Murder, and been better justified than any of the Cases and Arguments of Dr. Don to persuade us to that unpleasant diversion of a Felo de se, 
Vid. His 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  in his Learned Treatise of Suicidium, viz. from the great Obligation that Tyrant would have laid upon his Country; so I humbly conceive, both the Countries, to which our Amphibious Subject does owe an Obedience, had been better obliged, had he, what he so scorns, withdrawn of his own accord, it had superseded a National 
Pag. 5.  Contest, about a private person; who as high as he is, that we are so below his Answer, is really, notwithstanding 
Pag. 6.  his value and vanity, is more turbulent to both States, than in either of them considerable.  
This Expedient was neither ridiculous, as perhaps, it would have appeared to our Author, nor Impracticable, as from some Instances shall appear; so Pactyes, the Persian, as is recorded in Herodotus, when he was not delivered up by the Cymaei, of his own accord, for an Expedient for the Peace of both States, fled to Mytelene; and Photion to his Friend Nicocles, went a little further, who thought, that least things should come to an extremity, if Alexander demanded him, he ought to deliver himself up. It was the saying of a Noble Roman, that if his Enemy had surrounded him at Sea, and threatened a sinking of the Ship, if he were not delivered up, to preserve his Friends from danger, he ought to Sacrifice himself to the resentments of his Enemy, or the mercy of the Sea; and (without the help of Horace) the Metaphor of the Vessel, may be fitted to Kingdoms and Commonwealths, when History has here told us, how much of misfortune has befallen Principalities, from these unhappy differences about Mean and Private men, but though our Author does so swagger it out with his Excellencies, and Sublimes, his stoutness, and maintaining of his Post; such Application to the present Case, 
Vid. p. 5.  would I hoped once have been for ever superseded from the prudent Administrations of two such flourishing Governments, and the Public Peace never have been interterrupted, upon the account of a Man, that is too mean for an Article of War, and who, if His Majesty's Honour had not been so highly invaded from the Permission his Libellous Defamations have met with, is as much below a Prince's Resentment, as he is beneath the Protection of a State.  
The Case of the French Fugitives, who are received 
Vid. Id. p. 5.  here, and which by the greatest abuse in the Application, he would make to be his own, is, as I just touched upon before, quite foreign to his purpose: They indeed deserve pity and protection, when such Offenders merit as much Punishment; Their Crimes are truly like those of the Primitive Christians, only the Religion they Profess; and They are but ill used, when Criminals that are prosecuted for High Treason against their Prince, draw such unlucky Parallels, and make a Judicial 
Vid. p. 5.  Prosecution of the highest Offender, to be the same with a terrible Persecution they suffer for no Offence. Mr. Varillas, after all his rude Reflections, aught to return him Thanks for making Heresy to be Treason and Rebellion too; those Crimes, as has been sufficiently shown, were never Tolerated, never protected, nor ever can be in any Kingdom or State, neither in naturalised Subjects or Natives, against foreign Princes no more than against themselves at home; whereas * Athens, and all Cities, have been ever reputed Sanctuaries for the 
* It was for such they set up there their Ara Misericordiae, says Pomponius.  Persecuted and Afflicted; and France itself cannot cumplain, as we see it neither does, against such a Charitable Reception, since their own King Pepin received and protected all those that fled to him out of Normandy for a Persecution: And the Emperor Ludovicus Pius did the same to those that for the like fled to him from Rome; as they may see by a 
* An. 817.  Decree of his in their own 
† Tom. 2.  Gallican Councils: So that our Author Libels them as much when he applies their Persecution, as he belys our King, when he says he is 
* vid. 1st. Memorial.  Persecuted.   

SECT. VIII.  
ANd now to sum up this contested Point for the Honour of His Majesty, and that of the English Nation; both which are not a little concerned in the late Transactions that have passed between us and our Neighbours, both with relation to the Case of this Celebrated Author, and some other of his Subjects which comes much to the same, out of an humble deference to those that were in Alliance with their State; He might less have presumed to censure, and reflect on ours; but our Author made the more bold to Invade the King first with his Libels, to facilitate that Invasion he had encouraged with force and Arms; being adopted into the Treachery of the Dutch, (which in him was Treason) he might more confidently flourish with his Pen, when he saw the Sword a drawing: And since this turbulent and pernicious Pen, which from its Excellency and Applause, is only qualified for to do the more of mischief, has met with so much of Permission, as to justify itself against so many several Memorials of the King of Great Britain; and that in a Paper in which I am myself so much concerned, where (if he will not take it for foul Language too) I must thank him for abusing me in so good Company as the King and his Ministers, and this, with prefixing the Glorious Fiocco of his renowned Name, to the Front and Finis of as confident a piece, to let the World know he would no longer be Incognito, and the States too, that they ought to take notice of it; since all this appears in Holland, as open as with us any of our Imprimaturs, I hope I need not Apologise much, for a little Liberty that I take, and that the Author of the Parliamentum Pacificum, ought no more to be punished at the Instance of Mr. F. only for having made but a modest Reflection upon the Paper of a Minister; then was the Author of so many Virulent ones (upon the Memorial of His Majesty solemnly presented;) for the defaming of his Government; and it is a real Maxim, even among the Laws of Nations, that the defensive side has always the most to say in its justification, and that little remark that I first passed upon some of his Papers, (his very person being unknown to me) was really the result of those many Malicious Reflections 
Six Papers.  he had made long before, upon the very person of His Majesty, and the Administration of his Government; and these publicly dispersed, as I was well informed, for the depraving of the Minds of the King's Subjects abroad, and translated too into other Language for the making the King and his Ministers more universally odious, and Contemptible to Foreigners themselves: And sent us over here for a pack of Presents, that like the Box of Pandora, when opened by Epimetheus, contained only all kind of Evils, for the infecting us with the worst of Diseases and Calamities that can befall a Kingdom; the Distrust of the Prince, and the Discontent of the People.  
The Question that does really arise from these Observations, is shortly this; How much His Majesty was concerned to represent this to that Government under which these His Defamations were made? And how far it affected that Government, in which He made these Defamations?  
1. The Obligation of Honour that all Sovereigns 
Vid. Pag. 5.  come under, is of great weight and Consideration with our Author, when it must obliged them to protect all sort of Criminals, and how comes it to be so inconsiderable, when some satisfaction is sought for, even for the greatest Crime, High Treason, and the highest indignity: I confess, in Countries where more profitable Maxims obtain, it is a good Aphorism, that he is the Most Honourable, that has Got most, and Honour as well as Godliness with some People, may be great gain; but this is not the Case with Crowned Heads, and a Power truly Sovereign, they are obliged to the most tender regard of their Honour and Dignity, and the least Violation of it unregarded and neglected, is a stain upon their very Purple; and this has been formerly confessed by the readiness of those people, to give satisfaction to the least resentment of Queen Elizabeth, that perhaps are not so forward now to give a satisfactory answer to the demand and Memorial of His Majesty; the difference lying only in this, that they were then the Distressed States, and now the High, and Mighty ones.  
The Reputation of a Prince does so far, I confess, (if we may with the Poet, compare great things with small) Symbolise with that of the meaner sort, and the Credit of a Merchant, (and which I know with such a Trading People, must be mightily valued and esteemed) that the stock of his Honour, and Wealth, his interest in his Subjects, his strength at Sea, and his Forces at Land, like the others estate; his Bank, his Effects, his Esteem, are for the support of his Dignity, to be advanced rather by Fame and Report, even beyond the real Proportion that they bear, and then how injuriously must He be dealt withal; when by slander, and reproach, he shall be represented 
* Vid. Six Papers.  oppressing of his Subjects, contemptible to his Neighbours; his Forces vilifyed, and his Affairs perplexed; and we all know a Commonwealth Famed, only for a reputed Bank, that carries, perhaps, and bears up 
* Quod si Respub. Veneta; Regibus aequalem dignitatem sibi ascribit, quanto meliori Jure Faederatum Belgium. Hornius dissertat. Hist. And we know an Author that styles them Regum Domini.  its best reputation in the World upon this very Bottom; and in all their Civil Actions among themselves, insist mightily for reparation, where any private Credit is lessened; or from Foreign States where it is publicly undervalued; and if this be their Common Law, I am sure their Civilians 
† Etiam stant Reges & Regna suo nomine & Existimatione; quare nomen augeri oportet, & Culpa fuerit relaxare vindictam. Alber. Gentil. de jure. Bell. Lib. 1. c. 28.  teach Princes too as good a Lesson, that Kings, and Kingdoms stand upon their Fame and Esteem; and that this Fame of theirs is therefore to be defended; and that it would be a Crime in them to forgive, or forget to vindicate it; and all Casuistical Divines (if we may tell our Author any thing that appertains to his own Profession) do resolve, that Sovereign Princes, cannot remit those Indignities that are done to themselves, so soon as private Persons the Injuries that are offered them; because their Subjects have a share in the Affronts that are offered to the Sovereign, which if he should put up, (it being an Injury to the public) such a Dispensation and Indulgence would indeed be only void and invalid.  
Had the Memorials of His Majesty, which this Reflecter here has represented so 
* Vid, Vind. Pag. 3.4,  ridiculous, so groundless, and insignificant, and this with the Public Imprimatur of his Pompous Name, been only for Injuries done his Subjects, his Subjects could have more honestly acquiesced, and less resented a Reparation refused, and those, from the Butcheries at Amboyna, to the Business of Bantam, might all have been more handsomely forgot; but where their Prince himself, and his Fame, by the most virulent Pen, and a Fugitive's too, is Persecuted and traduced, and that openly, by an Author that scorns to be Anonimous; this cannot be so soon put up at home, and requires a more signal Reparation from abroad.  
And thus it most pertinently comes now before us in the next place to consider, how far a Kingdom or a Commonwealth is affected, (from the general Opinion of Casuists, Statesmen, and Historians) by those very Misdemeanours, which against a foreign State, their Subjects, and then a fortiori, any Fugitives may commit. In the 
* Vid. Our Answer to the 1st part of Dr. B's Refl.  former Treatise it so fell in our way, that the touching upon it could not be well avoided, but even there it was referred to be more fully manifested in this more proper place, and which shall here be as faithfully performed.  
It is agreed then by all those Writers, That all private Injuries become public and national ones, where any Kingdom or Nation does 
† Vid. Albert. Gentil. id. L. 1. C. 18,  neglect to punish them in their own native Subjects, or make satisfaction to the Party injured; What then must be inferred, where the Injury has been offered to His Sacred Majesty, his Public Ministers, and this from a born Subject of his own, and subjected only to them from a Naturalisation acquired? And 
† De Jure Bell. l. 3. c. 20. §. 40.  Grotius himself carries it so high, that even in things done contrary to friendship, there shall be employed a Violation of Peace, and certainly the permission of any Indignity, or connivance the least Contumely that has occasioned so much War, must be accounted an unfriendly Act: They further say, that a Government which does not prevent by express Commands, such Reflections as our Author has made on their Friends and Allies, is looked upon itself, as concerned in their making; for defect of such a Prohibition 
* Qui non Prohibent Tenentur. Si Universitas negligit illud factum emendare illaqueat ipsa se. Alber. Gent. Lib. 1. c. 21. : They say, that a Community that neglects to make amends for such a Fact, involves itself in the guilt of it; and it is said by the Celebrated Agapetus in the Works of a Prince, the Standard of all Law, and Royal Equity; that in such Cases, it is the same Crime not to 
* Justinian: parest delinquere & delinquentes non prohibere.  prohibit the Offences of others, and yourself to be the Offending Person.  
Our own Ornament of the Civil Law, and the late 
Zouchaeus de Jure faeciali. Part. 2. Sect. 5. Quaest. Utrum injuriae a subditis illatae; principem vel populum afficiant.  Celebrated Professor of it at Oxford, has sufficiently discussed this Case, and settled it too, in showing how the injuries that are offered, only by private Subjects, can affect the Prince and People; but because such Partial Authority may not obtain with strangers; and our Authors translated Allegiance, may have exempted him from giving that Credit to those that could once have been called his Countrymen; let us see what Grotius himself says, into whose Country he is adopted.  
It is generally held, (as he confesses) that no Community of Men is answerable for the faults of any particular persons, and that gives occasion to the constant Clause in Leagues, de Publico Consilio, and this was allowed of by Livy, as an Excuse for the Locrians in the Senate of Rome, and to the Rhodians also in the same Senate; and to the Vejentes, pleading their Ignorance of their Subjects having assisted the Romans Enemies; but all this is no warrantable excuse to any Civil Society, Principality, or Commonwealths, where any Act of Omission can be proved in the Public, that contributed to the promoting, or permitting any Private Man's offence: St. Chrysostom; whom 
* Vid. Grot. de jure Bell, L. 2. c. 21. S. 2.  Grotius there Cites; (and our Reverend Author cannot reject a name so Reverend) has the best excuse that comes nearest to this Case, and argues thus, That it was not the common Crime of the City (or Community) but only of some Strangers, and Foreigners, that do all things rather rashly, inconsiderately, and out of ignorance of the Laws: But even this is not excusable, where such a City, or Community shall connive at any Fugitives, or Foreigners, committing such a Crime, who must there, Contract the Gild by Imputation, for not having hindered it before it was committed; to this does he apply the Arguments of Cicero against Piso, of a Consul that permits others to offend; of the saying of Salvian, That he that has a power to prohibit an ill Act, and omits it, does in effect command it; and that Sovereign Princes who are able to prohibit Crimes, approve them, if they permit them to be done, and who are bound to take care that others offend not: And another of St. Augustine himself, That he that does not in such cases resist and oppose, seems to give his consent; and this being a piece of Divinity, that interferes with the Politics; (as Grotius observes) our Author, 
* Vid. Vind. pag. 7.  I hope, will pardon this little Digression out of the Province he has put upon me: And for the Roman and Fabian Laws, of Masters being punished for the permission of their Servants Faults; Parents for their children's, knowing of the Commitment, and being able to restrain it, (both which are too apparent in this Contested point) all these Cases arising only from Natural Equity, or Religious Rules, and Observances, are all by their own Statesman, and a 
Vid. Grotius ut Supra.  most Learned one too, applied by a parity of reason to Princes, and their Subjects, their Kingdoms, or their Commonwealths.  
King David in the business of Rabbah, and the Ammonites, made it the Crime of their City, for not hindering those Indignities done him by some their Inhabitants. And if we may venture once more upon our Author's Province, St. Chrysostom in his Oration involves 
De Stat. Orat. 1.  all the Inhabitants of Antioch, in the Crimes of the Statues, because though committed only by a few, it was not punished by the Community, which general Imputation (he says) could have been avoided, had the Offenders been expelled the City: After so Sacred Authority, it would be superfluous to add any Examples from such History as is called profane; but Politics (as our Author says) being more our peculiar Province, we may expatiate a little further upon some Precedents drawn from the Practice of the Ancient Governments among the Greeks and Romans, as not improper for this place; seeing the most modern Constitutions, and most renowned States, and Republics, do commonly take their Measures from them. Thus the Grecian Princes were Condemned for not delivering up of their Iphigenia; and Polybius blames the Aetolians mightily, who while they would not willingly appear Enemy's to Philip, yet suffered some of their Subjects openly to act against him, and when the Queen of the Illyrians would have excused herself to the Senate of Rome, that the Depraedations of some of her Subjects were done without her Knowledge, or Approbation; she was answered, that no Prince could plead ignorance, of what was frequently, and publicly done; and that she was answerable, for not forbidding that injury to her Allies, which she must be presumed to know. Our Author's most Injurious Reflections on the King and his Government, have been repeated, often Published, and openly owned; so that there is but little need of that proof that may be desired, and I wish there were less too, for these Unhappy Applications.  
Those that tell us, 
* Vid. Resolution of the States Generals.  That it is such an agreeable thing to nature, That he who is born free, should have the liberty of settling himself, wheresoever he shall think it most advantageous for him, I fear, will find too, from what has been here said, that the Laws of Nature, and Nations, (as agreeable as they represent them) are utterly against the transferring all Allegiance, after a Dominion introduced; I confess, such a Notion is agreeable to Nature, had we no other Commonwealth but that of Mr. Hobbs; and there would be no need of insisting upon Articles of Peace, when we were bound to be in no other State but that of War.  

* De Jure Bell. L. 2. c. 5. Sect. 24.  Grotius himself, upon this point of natural Liberty, though he gives it as great a Latitude as any of his Countrymen can desire, cannot extend it beyond the Restrictions of all Municipal Laws, and therefore grants, that in some Countries it is not lawful to renounce their Nation, or forsake their City; and mentions for an Example, that of Moscow; and though by the late Laws among the Romans, any Citizen might remove his Habitation to another City, yet was he still obliged to execute such Offices as should be imposed on him where he first dwelled; & a special Proviso by those Laws, to compel him to pay his wont Contributions; neither were they to departed out of all their Territories without leave; but even that Author when he has made this Natural Liberty to be much restrained by Municipal Law; concludes, that it is not so agreeable, even to Nature, and that no number, or great Companies of Subjects, can be allowed to desert their Country, though some particular Persons may, and to Cap our Author's Allegory, on the Dispensing Power, of the 
* Reflect. 1 part, p. 5.  Dutch Dikes, and the difference of pulling of a flower, and breaking an Hedge; this Author applies to this Case too, that it is one thing to draw water out of a River, and another thing to turn the Course of it: So that although this Translated Allegiance and Naturalisation, were so agreeable to Nature in the particular Person of Dr. Burnet, yet from the resolution of this their own Lawyer and most excellent Statesmen, it is the most disagreeable thing in the World, to extend it to so many Regiments, and whole Companies; for as he wisely concludes from the necessity of the end, (which by all moral Maxims must create a right;) by the same Parity of Reason, such an unbounded Liberty of settling one's self, might be extended to a greater Majority, even to the Dissolution of the whole Civil Society: And to this I might add, That the Consideration that ought to have been had (upon some 
* Vid. The Dutch Answ. to the King's Memorial.  Resolutions some People have of late given) of Our Subjects that were demanded, being all Soldiers, as well as such a number of People, did make such a general Naturalisation more disagreeable to Nature; since Soldiers must be naturally supposed, and that in Peace as well as War, to be more immediately requisite to the Conservation of a Government, than a single Person, whose Profession it is not to bear Arms; or only a particular Champion at the Pen, that under the Obligations of the Gospel of Peace, does only disturb the State, and would make the Church itself too, truly Militant.  
And so highly Injurious has this assuming the Subjects of another Prince been ever resented, especially when in Great Bodies, and that aggravated when the Persons were Military men, that Zonoras' discoursing of King Lazus, who had Revolted from the Persians to the Romans, makes it a Just Cause of War, between those Romans and the Persians, because the Roman General had drawn over unto himself the Subjects of the King of Persia. This is granted too by the Learned Grotius, and he insists 
* Lib. 2. c. 5. sect. 24. Lib. 3. c. 20. sect. 41.  several times upon the same Passage, for a Precedent. His Majesty's Memorial almost in the same words expresses the Saying of Sabinus, That though every man has this natural Liberty, or the power to make himself a Member of what City he pleases, yet he cannot of the Right of Dominion, after another has been introduced; and therefore Grotins adds the authority of Paulus, That by the Laws of the Romans, all Fugitive Servants were liable to the right of Reception, whom their Masters can over claim, and they must still remain their Servants, and that it is the greatest Injury to detain them from their Service: And certainly then the Sovereign will have as great a Right to that of his Subjects. So that it is indeed somewhat to be admired, to see so lately the Laws of Nature and Nations alleged to Justify a Matter to which they both are so plainly repugnant, and by those very People, against whom their own most applauded Author is the best of Advocates, and who plainly 
Lib. 3. c. 9 sect. 11.  tells us too, in another place, 
* Ibid. lib. 3. c. 20.  That it is unlawful to receive such as are bound either by Oath or otherwise, to perform any Service or Duty to another Prince; and since their Lawyers tell them so, it will not be Improper to look a little into our Law, and see what that tells us.  
By the Stat. of Hen. 7. 
* 11 H. 7. Calvin's Case, Jac. 1.  and the Resolution given in K. J. 1. it is Plain, the King of England cannot be deprived of the Service of any of his Subjects, who are bound to serve him in Peace as well as War, both within the Kingdom and without, that natural Allegiance is unalterable and unseparable, whatever Liberty of Translation Some may pretend to; and by a particular Act of Parliament of K. James, (as upon another occasion was before observed) the Serving of Foreign 
3 Jac. c. 5. 3d. Inst. c. 23.  Princes with a Translation of Allegiance, is particularly provided against by the requiring an Oath of Obedience before they go over, and making it Felony to go without: And, What can be employed from this, but their Obligation to return when called and commanded? And this is extended by the Comment of my Lord Coke, to a going over without serving, or to Domestic Service as well as Military: The whole Design of the Statute seems directed more especially against Soldiers entering into Foreign Service, and by a more particular Branch of it, binds them 
* Vid. Form of the Obligat.  not only to take their Oath of Obedience, but also to give two sufficient Sureties: And it was a Case once that came into Question, 
* Dyer 298.  Wither the going only to live out of the Kingdom, without Leave, were not a Contempt, and an Offence punishable, and to be construed as a Desire to withdraw his due Obedience? And 'tis plain, that Queen Elizabeth, (whose Memory the States ought to Reverence, as well as our Author) after She had given Leave of Absence in a Foreign Service, for some Years, upon a Refusal to return on the sending her Privy Seal, that Commanded it upon their Allegiance, 
Id. fol. 375. B.  proceeded against the Persons as Fugitives, seizes, confiscates, and sells their Estates and Inheritance.  
If these than are the Laws of England; if this has been resolved in the Reign of a Princess, whose Proceed no Protestant's will dispute, His Majesty's Envoy might well declare, The King could Recall His 
Vid. the King's Men orial.  Subjects by his Royal Proclamation, or his Letters of Privy Seal, and that they were bound to Obey those Orders upon very severe penalties; and the Memorials of the Marquis may, with the Wiser part of the World be thought to contain a great deal of sense and reason, notwithstanding that our Author has endeavoured to 
Vid. Vindic. p. 3. 4.  represent most of them so absurd and ridiculous.  
But then all Doubt is excluded and out of doors by a general consent and accord of all Statesmen; and 
* Vid. Ibid. ut Supra.  Grotius in particular, where it is decided by those Obligations that arise from Articles, Contracts, and Agreements; and to this, those that have contested it so much, by their own Consent and Resolution are bound, and have concluded themselves; so that since a solemn Capitulation has been produced, and which we need not insist on to make out, since so publicly known: The Proceed of His Majesty's Minister of State, (which our Author has undertaken to reflect on and ridicule,) will appear to all understanding People to be founded upon the Principles of natural Justice, common Equity; National Laws, and private Stipulations: And 'tis too plain now, for what ends His Majesty has been denied in so just Demands, which must redound with all impartial People, as much to his Honour as to their Shame; and a successful piece of Injustice has just as much Equity, as a prosperous Villainy has to be entitled to the specious Name of abused Virtue.  
But setting aside the unanswerable Argument of the Earl of O's Convention and Agreement in 78, I cannot see, but the Contenders against it, and these asserters of this Natural Liberty, had long before concluded themselves by their own Act, in the Articles of two several Treaties, that of Surinam, in 67. and the other signed at Westminster, in 73. for though by the first it was stipulated upon the Place, that instead of this agreeable natural Liberty, all the King's Subjects were to have the Liberty to remove themselves after the transferring of the Place, to some other Plantations under His Majesty's Obedience; which I hope employed, that their Allegiance was not to be Translated, no not with the Soil itself; this was thought then so agreeable to Nature, that it was admitted immediately as an Article, tho' it may be well remembered how those promises too were kept; the King's Subjects indeed were kept, and detained contrary to that very Treaty, and this Detention acknowledged unjust by themselves in the 5 Article, in 73, and that it should be lawful at any time for His Majesty to send Ships for his Subjects, and that they have leave to departed with all that belong to them, and that they themselves were to assist them in their return; and this was granted by themselves to Grobbendonck at the business 
A. D. 1629.  of Bois le Duc, where they could not detain the King of Spain's Subjects for theirs; much less than the K. of England's.  
And to which I shall only add, 
* Id. Heath's Chro.  That also in the Year 6¾ they cashiered our Regiments, & would have had them take a New Oath to their States, which they all generously disdained, refusing to betray their natural Lord by that treacherous Expedient of translating their Allegiance. And such an Aversion the whole Nation had then against this political Project of our Author's Opiniatre which he so prides himself in, that the Opinion of the whole Parliament was against him; and when the Dutch proposed this new Oath, they passed a Bill of Attainder against all such as went over into their Service, and that though the Laws had made it Felony before; these, I confess, were Heroical Attempts of the Dutch, upon the Subjects of the King of Great Britain, to tempt them to betray their Master, (but our Author being experienced in that point, wanted no Temptation) and if he will have one Heroical Attempt more upon Honesty, we know how his new Masters betrayed us, who when our Ambassadors were entering, their Town to treat, most Heroically entered our River to burn and destroy; and who (tho' we are so falsely upbraided with a French League) did once really conclude a League with France to betray England, which (as I am well informed) the late King had under their own Hands to produce; and now, this Heroical Invasion, without the least denunciation, is most becoming the Dutch, and another Instance of their fair dealing with Princes, but Time may show, that England dare not only resent this, but revenge it too.  
Can it possibly have been avoided from the Contents of his Papers, I would not have given our Author the Glory (who of his own accord is too much given to affect it) of making his Cause that of a Nations; but since in this very piece he has laboured so much to make it so; and those that are his Defenders, by Public Instruments, Solemn Replies and Resolutions, (which our Adversary here with his Name affixed, openly insists and relies on) have thought fit to interest themselves so far in his defence, His Majesty's Honour requires as defensatory an Apology, and our English Nation, as well as private Pens, reduced to a necessity of maintaining it: Argument I am sure is an inoffensive Weapon, especially when only used by them that perhaps have some reason to be offended, and till our Author returns us as much Reason and Law, Precedent and Examples from History and Fact, to justify his Cause, (as I may perhaps with Modesty say) has been here offered to overthrow it: The Memorials of the King of Great Britain, in spite of this Author's Reflections, will appear to the reasonable part of the World, and all People unprejudiced, to be well grounded, and notwithstanding the Reply from the States, to be still unanswered.   

SECT. IX.  
AND now to come to this Vindication of himself, of which there has been nothing like it, unless it be the words in the Title Page, he Charges me for laying to his Charge several 
* P. 6.  Papers that I do not prove upon him: I confess, I cannot Swear to the Truth of them, neither can it be expected that I should, unless I were in the same Confederacy with our Author, for the defaming of his Country and his King, and had been a 
* Vid. p. 6, 7.  Scribbler more despicable and mean than any but himself can make me, (i. e.) his Amanuensis: But though he will not allow 
* P. 2.  Similitude of Hands to be Proof enough to hang him, I hope Similitude of Styles and of Circumstances of Affairs may be sufficient or good Evidence only to guests at an Author, and a bad Man. More particular Proof of my Charges might I suppose been as well referred to his legal Trial, as he does his Innocency and Defence, his Justifying and Clearing of himself; but since he is not contented even with that Charge, (which he dares not deny) I must show the World upon what it was grounded.  
1. The Papers then that I arraigned for his, in one of 
Vid. Parl. Pac.  the former Treatises, and that for the most audacious Reflections on the Crown, and almost on the Memory of all His Majesty's Royal Predecessors, were those Sir that as confidently carry in their Front this Author's celebrated Name; They are Printed in Holland, which from the Letter, and Paper, and manner of Printing, I can prove (being no such Stranger to Dutch Books,) and it may be easily guessed from whence we might expect Dr. Burnett's. These Papers are all Paged in Common with those Letters of His that were sent to the Secretary of State, on purpose, I suppose, to let us see they were all of a piece: They contain all of them either the peculiar Concerns of this Author, or else (what is as much his peculiar Province) the highest Defamations of the King and his Government; which for farther satisfaction I have in this Treatise specified and repeated. These Libels were long before, by a Praeliminary Menace 
† 1 Lett. to my Ld. M.  of Displeasing His Majesty with a Recital of Affairs, threatened to be sent us; and the Dr. was indeed so civil, before he began his War with the Crown, to send a solemn Denunciation, and the defying of his Prince was an arrogance so agreeable to such a Subject, that it supersedes Proof, and a Man need not seek far to find out the Champion: Though I must confess too, that the foolish affectation of his having had such a 
* Vid. Ib.  share in Affairs for this Twenty years, (did not the Author's Vanity prevail against the Truth of the Fact, and a probable Credibility) one might be brought to believe than none of Dr. Burnett's. I do not hear of his having been to either Crowns a Secretary of State, or a Privy Counsellor; and by what has appeared, he was ever reputed the worst man in the World, for to be one a Secretioribus Consiliis; since, if we can credit his own Relation, 
* Vid. Vind. p. 7.  only of my Lord Lau—d's Affairs, and the Character he had from an Archbishop of Scotl. he was not well qualified for so much as one a Sacris Domesticis. Some things are so 
* Vid. Baldus, ut Supra: Notorium probatione non indiget.  plainly probable, that they supersede the pains of any Proof; and that Moral Certainty we have of his having writ these Six Papers, is as good as Demonstration.  
The next Papers that I have quoted as his, are the Reflections on Mr. Varilla's; no one that I ever yet met with, did ever mistrust them for any others; and himself has taken all the Care in the World, that they should be known for his alone.  
His Itinerary Letters that I have touched upon, I hope he does not dispute, or has not taken so much the Liberty of a Traveller, as to have occasion to be ashamed of the Relations.  
The Enquiry against the Book of the late Bishop of Oxon, has so much in it of our Author's malice, and revenge, that it would argue a defect of Reason to distrust it; the Cardinal's Fiocco came in (as an Allegory, I suppose) only to let us know, the Author had been lately at Rome; or else, it was most ridiculously applied to the Bishops being Incognito, when he had subscribed his Name, it is some Argument of his being its Author, that Dr. Burnett is the first Man, and most defended in it, though a better Doctor, and who, I think, is more dignifyed, as well as more hardly dealt with; (than from his Learning and Doctrine to be made a Fanatic, and unlearned) might have merited a more ample defence: The mighty work that it makes with Manuscripts, and Originals; the great reliance this Paper has on the Liege Letter; let us know too at what Door 
Pag. 1. Pag. 7.  to lay it, and if the extolling of himself, and his History of Reformation, shall be any Argument against his being the Author, it must be only with those that are unacquainted with his Arrogance; his excessive vanity, and foolish affectation, which I must profess, is only more ridiculous in a person that has so many pretences from his Reading and Learning to be more wise; these Sublimes, these Exalted Flights do not agree with his late 
* Vid. Vind. pag. 1 6.7.  humble Imitation; and the Condescension of making his Person mean; though we Despicable Scribblers, must be even below that; so that I suppose, at best, this seeming Modesty was forced in only to serve a turn; and his opiniatre is retained under the more preposterous affectation of an humble Pride; but I must in this acknowledge our Author's Civility, that amidst the reproaches of Despicableness, Mercinariness, Ignorance, and Scribbling, I am less scurrilously treated, than this Paper of his has the Prelate, whose Dignity might have defended his Person, though it had been less Learned, and Ingenious: foul Language is as little to be found in our own Writings; and I fancy I have shown out of other People's, where there is much: no common confidence could accuse us for that Undecency, that had so much reason to reflect upon it self, and blush at the Accusation.  
The Memoirs of the late King's Life, I charged him with no further, than himself had threatened the World with the Writing them, and so only anticipated their Credit and Authority, since they were to come to us from such hands; and if he fancies that I fasten an Answer to the New Tests upon him, which is 
Vid. Par. Pacif.  none of his, I do seriously confess to him, that the Paper I there cite, I never conceived to be so, neither had reason so to do, since there is another to the same subject, that is only more seditious, and which among the Six, himself does own.  
Thus, I hope, the Injurious Accusation of doing him such injustice, is but ill grounded, since it has been so well shown both to him and the World, upon what ground I went; neither does himself think fit to deny any single Paper I have put upon him for his; and for his Preface to Lactantius, I had no occasion to take notice 
Vid. Vind. p. 6.  of it, since what vilifyed the King's Government, came only under our Consideration: I confess, I remember the Piece Printed at Oxford, and that before our Author was so famed for Printing, and that with better Notes, than it has now a Preface: the best part of which is only borrowed from Bishop Taylor, though so much owned by Dr. Burnett; but seeing he takes it so unkindly we should pass it by, I cannot but civility give it these few rational remarks.  
1. That our Authors then running down a Persecution, 
Vid. This Preface to Lactant.  was rather the Result of his revenge against some of the Church of England, that kept him from running up: It only shows how ready he is to write on all Subjects, to satisfy his resentment, or Ambition: and when he tells us (so Mysteriously) of what hereafter may appear to his Enemy's amazement; I cannot but imagine that he 
Vid. Vind. p.  has somewhat in Reserve, (which from a Conviction of his Error) is a Contradiction to his Writings, and all that he has either said, or done: And I know he could hearty dispense with his Inclination to Indulgence, rather than have it owing to the Grant, and Gracious Dispensation 
Vid. Praef. Pag. 24.  of his Prince; whom even in that very Piece he does endeavour to represent from the 'tis of his Religion, under all the Indispensable Obligations to Tyranny, and Persecution; and makes the great Turk even there too (from the Mahometan Faith) to be less obliged to be a Tyrant and a Persecutor; this is certainly, not so consistent with Christianity, to represent the Professors of the same God and Saviour, worse than so many Musulmans, and unbecoming that Charity, which more immediately appertains to his Function, and which himself at the same time does so much seem to affect.  
Whatever have been the Policies of States, and private Interest of designing Men, among the Governments that are in the Countries where the Roman Catholic Religion is professed; it is the most uncharitable Reflection, (as well as most unreasonable) to make it 
* Pag. 45. Yet note, that even in this Preface he grants Persecution to have been more pardonable in the beginning of the Reformation: and of this mind long before him was Aerodius, even in the Case of Heresy, P. Aerod rer. judicat. Lib. 1. Tit. 6.  the Delight of a Church, to Bathe herself in Blood, Common Christianity, and even Human Nature cannot admit of such a Cannibal Accusation, and is a Calumny carried a pitch above julian's; and if Papists must pass with us for Pagans, they may with Modesty be called, Human Creatures too, but we must pardon in our Author, the making them so many Monsters, since from our Saviour's Character of a Liar, and a Murderer, he has made them so many 
* Pag. 25.  Devils too: These Barbarous Reproaches, I think savour somewhat of those Brutal Excesses, with which he has taken the Liberty to upbraid men of no little figure; and if this Preface be such an Argument of his mighty moderation; I hope I have in decency, done him Justice now, in taking notice of a Discourse which he has so gloriously arrogated to be his own.  
And for those Reproaches he says I have cast upon 
Vindicat. p. 6.  him, and with which I do pursue him, which make it so below him to Answer such a Scribbler: I have not relied upon my own Judgement in this matter for a Reply, but Consulted even some that are no such Enemy's to my Adversary, that can as well applaud his Writings, as do Justice to mine, who can find nothing in them of foul Language, or Reproacb; and I believe I have shown them now where both are to be found: If the representing out of his own Papers, the most Reproachful Reflections on the King and His Government, be reproaching of the Author, I must acknowledge myself very guilty of this Misdemeanour; and I cannot help it, if I am become his Enemy for telling the Truth, or discovering his Falsehood; but some will be apt to think he was most of all his own Foe, when he ventured upon such a piece of Confidence, of reviling the King and His Government with the worst of Reproaches, that inveterate Malice, mingled with abusive Wit, could dictate and invent; with what face will such an Offender find fault, (unless with such an one as cannot be covered with Confusion) of whose bitter Words the Lords Anointed did of old complain; That under their Tongues was Mischief and Vanity, Tongues speaking proud things, that said their Lips were their own; and who is Lord over us? The spitefulness of Doeg was but an Original of this Dr's, devouring Words, all Words that might do hurt, and with Lies too, cutting like a sharp Razor; and if ever that Royal Psalmist had reason to make his Complaint of Reproaches, I am sure His Majesty may, that is as much Reproached:  
This Exalting of himself to such a Sublime, in setting others though unknown, so below him; has given me occasion to know more of the Quality of this Hero, than perhaps I should otherwise have inquired into, and cannot find from the Scots Heraldry, that the Name and Family is so famous, (though his Father is here represented by him, as great as any Patriot of his Country) the Standard of Loyalty, and Protector of Property; the Enemy 
Vid. Pag. 6.  to all Arbitrary Power, as well as Rebellion, whatever has been this Noble Authors Extract and Descent: 'tis certain he does not much Credit to the Dust of his Ancestors, to taint their Honour with a Degradation; and instead of adding to their Achievements, to bring them to be torn at the Market-Cross.  
I confess if that would ennoble him, I am informed he has good luck with the Ladies, and that he was formerly married 
* Vid. Reflect. 1st. part, p. 8.  (for I do not scorn (as he says) such a simple Expression) to a Person of Quality: but I hope he will not boast too much of that Happiness, lest it should put people upon Enquiry, how unhandsomely he came to attain it, which I am told too, was by none of the most reputable means; but neither will this elevate him to that height, as to make others so much below him; for by our own Laws of Honour, and the old Decrees of the Emperors, Women of Quality are reputed no longer so, 
Dig. 1▪ 9 8.  when they marry below themselves.  
Our Author's meritorious Services to the Court, I cannot discover, though he 
* Vind. p. 6.  magnify's it much; but what will not an unimitable piece of Vanity aspire to? His Merits were never so many to make him much known to the Government, unless his endeavours may be called so, to do it a disservice, and some Creatures are most known by the Mischiefs they do, his preferment from his own Confession, was never so high, and some 
Vid. Ibid.  Objects are below the Displeasure of a Court.  
And here I cannot but take notice of the most inveterate piece of Malice, that has yet past his Pen, tho' before we had Papers that were virulent enough, and as full of Venom and Viper; he tells us, that he is credibly informed, (which imports his belief of the Matter of Fact) that many have been interrogated with Tortures 
Vid. Vind. p. 6.  to Accuse him: Had he not designed it as the severest Recrimination on the Crown, he might have expressed to us the Place where, whither Scotland was the Scene of this severity, and not left it to the Judgement of unthinking men to conclude it, a Court contrivance here; he knows our Laws admit of no such Cruelty; neither (as I am too credibly informed) was it practised with relation to him there; their Laws and Customs, I confess, admit it in extraordinary Cases, as well as Foreign Countries, where the Rack is many times as rigorously extended as his Boot at home, but then I am satisfied it is upon the same grounds, which by Consulting of Foreigners upon this judicial severity I found in these summary Processes, they proceeded on, and that it is exercised only where they find the Evidence so strong, and the Proof so presumptive, that nothing but the Prisoner's Obstinacy can oppose it, and that they are never tortured but in Capital Cases, where their Confession is only wanting to confirm their Gild; where the Proof is so plain, that they could be executed without it; and upon which one of our Jurys might find them Guilty.  
The Charge of Betraying his Master, being somewhat of an heavy one, the guilt against the Rules of common Gratitude and Morality, a petty Treason, one would have thought this Author in a Vindication of all 
* Vid. p. 1.  that relates to himself, would have made his Innocency very plain; but this defence is indeed like all the rest; 
* Vid. Vin. p. 7.  he excuses his not being able to betray a Master, because he never had one that could properly be called so; and that he was ever raised by the King, above the serving any Subject: I never heard of this high preferment that did 
Vid. Vind. p. 7.  so incapacitate him, unless it were that at the Rolls; and in that, I am sure, he served a Subject, and had a Master in more Senses than one: This is such a Quibble, and Equivocation, that Cambridge (whose true Learning, and Ingenuity, in the common Reflection is so much, and so injuriously abused) can never be supposed to have furnished him with such an Insipid Jest; and that Provident and Learned Body, that perhaps out of a prospect of his ill Principles, did once (as some say) refuse him to Preach, will as little approve of such a subterfuge in his defence: It is strange that this Author that uses to be so full of his slights, should here so poorly stick at words: The Reflection I made, was grounded upon the known, and now his own confessed Story, of betraying the late 
Vid. ib.  D. of L. a Story that he Consciously owns I am not the only Author of; but it seems, his Master was not thus betrayed, because (says he) this Noble Lord was never such his Master; I cannot, I confess, imagine what this manner of excuse can mean; unless he thinks from the Propriety, and common Acceptation of the Term, I represented him as an Apprentice to the Duke; for otherwise, the Defence is very lame; it imported only in general, with all impartial people, that he had betrayed a Patron, a worthy Friend, or a Person of Honour that had made him his Confident, for the first I am credibly informed, that he was patronised, as a Chaplain there, that he has been seen to officiate as such at that Table which he made a Snare; but had this been but in the Case of a Common Friend, or Confident, I humbly conceive, the Treachery had been the same, the Jealousy that occasioned that great Ministers anger, it seems, was well grounded; and the Doctor tells us no more than this, That the Duke always thought he would betray him; if this 
Vid. Ib.  can be called a Vindication of himself, the Reproaches he accuses me of, may pass for his Encomiums?  
But for another Argument e Confesso, what can declare 
Vid. Ibid.  more fully his falsehood to be a propense, and revengeful malice? and (which he would make a necessitated Discovery) than his disclosing of his own accord, the Proposal of a Scottish Peer, about Invading England, who was liable to the Laws of it, and that to a Member of its Parliament, and who, perhaps, he knew too to be no friend to this great Minister whom his suspected Principles had made so much his Enemy, Can our Author reconcile this to common sense? That the telling a person of Honour, and a Member of the House such a Tale, was not betraying it, or not the same, as if he had published it on the House top: Oats and Tongue told their Tale of a Plot to a person of Honour, and Member of the House, upon which it was so set about that it was known to a great many others, upon which they were sent 
Vid. Pag. 7.  for to the House; and will our Author say these Men were unwillingly brought to own a detestable piece of Forgery? and which I am credibly informed his was too, for that late Loyal Peer is said to have justified himself so far, that all that he offered at was only, that his Majesty might be able to make more use of his Subjects of Scotland by his being enabled to call for their Service in England, to serve him out of their own Realm, as well as within, which was consonant, and agreeable, not only to reason, but to some express 
* Vid. Acts Parl. of Scotland.  Acts of Parliament, both of that Kingdom, and our own; and which, 'tis more than probable, this Doctor too, from the resentment 
* Vid. 11. H. 7.  that he had of his Sufferings under that great Ministers anger, did improve also into a Plot of an Army, 
Ib.  a Scottish Invasion, of Spoiling, and Subduing the English.  
It is pretty to observe how this Excellency of our Author does indeed consist in Writing, that is, in Black, and White, when with a touch of his Pen, any Actions shall appear in what colour he pleases; he tells us of a Perfect Reconciliation that ensued between this great Minister, and himself, but says, That upon some reasons of 
Ib.  his own, their meeting was deferred, or, not thought convenient; and I am much of this Author's mind, that upon some reasons the Duke had, he did not think convenient to meet him; it was a good Argument of his Lordship's Cunning and Policy, and as little proof of this perfect Reconciliation; 
Vid. pag 7. Coll. 2.  that Celebrated Statesman was never suspected yet for want of Wisdom; and it is a known Maxim, That a Man may betray me once by his being a Knave, but the second opportunity makes me a Fool.  
And the Attestation this Author appeals to, of that 
Ibid.  Noble Peers Nephew, is all of a piece with the rest of his Vindication, (that is) nothing of truth in it, or nothing to the purpose; I have taken pains to inquire into this matter; have consulted my Lord M. that Honourable, and Ingenious Person he so injuriously reflects on, and find nothing of that Paragraph to be true, but his Lordship's being now of the Roman Communion, and that was as invidiously forced in by our Author, for a Reflection upon his being reconciled, but the greater abuse it must needs be, to fasten a false thing upon a Person of Honour, who ought to be handled with more regard to modesty and truth, than if our Author was treating only with Mr. Varillas, or reflecting upon his Scribblers: He Cites this Honourable Person, as a Witness; but if he has none that could do him more service, should he appear to his Citation, I am afraid it would go hard with him at his Trial: He appeals freely to 
Pag. 7.  his Lordship for bringing very kind Messages to him from my Lord Duke; and signifying them to him after his death. I confess, our Author ever gives himself a freedom with great Persons, which is but a part of his peculiar Vanity, to Aggrandise himself; but I must freely tell him too, this is found to be false; 'tis strange, that it must be the misfortune of so 
* Lord L. Lord R. Lord M.  many Lords to suffer by such a dangerous Correspondent; this Noble Person remembers none of these very kind Messages he brought him, nor any that the Duke ever sent; and that his Lordship might be more fully satisfied, not relying wholly upon his own Memory, it being almost six years since, as an Argument of his greater integrity and Ingenuity, has also as freely appealed to a person from whose Function, as well as favour, our Author can expect nothing but Justice: and that is a Divine, and his own Favourite, who first introduced my Lord to his unhappy Acquaintance; whose Return is, That he assures his Lordship there was not a word spoken by his Lordship in his hearing, (who was present at the two several Meetings they had) of any Message from the Duke of Lauderdale to the Doctor. The Original Answer I have by me, as also, the Copy of the Letter, his Lordship sent.  
So that I must conclude too, I cannot leave this without taking notice of our Author's sincerity; and assure him 
Vid. Reflect. on Parliam. Pacificum 1 part. pag. 3.  when ever he makes a better Vindication of his own, I▪ ll pardon him the groundless Reflection he has put upon mine.  
He tells me, in the next place, I pity Mr. Varilla's defeated condition, and so indeed I do Dr. Burnett's too, who wants nothing to his being baffled, but the modesty to acknowledge it, he is as unlucky here in his Appeals, as I have made him appear in some of his Reflections, since the Learned Author at Rome, and the other at Paris, to both of which he has appealed, have both Vindicated 
Schelstradt & Le Grand.  themselves in particular Treatises against this bold Appellant; and our Author can make no further defence unless he intends to decide it by Combat; and I am much assured, his Appealing to his Friends there, about Monsieur 
Vid. Vind. p. 7.  Var. not pretending to justify himself, and receiving an Order from the King, to insist no more on the Dispute, is as unfortunately false, and which we have taken care to inquire into; whatever are Mr. Varillas his faults, of which he cannot be excused; there must be much of Allowance made him for being a Foreigner, where the Exactitude of Names, as well as times, may fail him; our Author might be at no little loss, were he to Writ their French History; though an Historian of France has lately Corrected that of his Reformation; and (as some think) with good reason too; but I must still retain this opinion, that a Native must always have better opportunity, and be better qualified for the giving an Account of his own Country, from the easy Recourse that he can have to Records, and Originals, and from the more natural Apprehensions, and Conceptions he must have of the State of Affairs, and the temper of his Nation, than any Alien, though so long Educated in that Foreign Country of which he would Write an History, that he might be said to be Naturalised; and this may make (perhaps) even Polidore Virgil, whom many Appeal to, and our Author once too much, to be less Authentic in our Affairs than he is commonly taken for, and whose Authority (if I mistake not) is somewhat suspected, if not Condemned, by a Celebrated Writer, Sir Henry Savill; and here I 
Vid.  cannot but take notice, that our Author in as Celebrated Piece of his, puts in this Polidore Virgil, as an Author 
Vid. Reflect. upon his Cont. History of Heresy. Vid. Errat.  of equal Credit with Mr. Varillas, perhaps, guided by instinct; but all the while means (as himself assures us afterward) honest Harpsfield: This sounds at first sight, as bad as Haveit for Sir Thomas Wyatt; this was sure no fault of the Press, neither could Mr. Varillas forgive him for all his Errata, should his Reflection be answered (as one would think by the beginning, he did the Book of the Bishops) (i. e.) before he read to the End.  
Our Adversarys fits of Arrogance often return upon him, and if the Tumours of his Body, were but commensurate to those of his Soul, he must needs die in a Dropsy; to be puffed in Mind, and to have proud Looks, was the Detestation of King David himself, and then but ill suits a Divine, that is so oft bound to read his Psalter; our Author would have me succeed to that Despicable Writer, (as he calls Mr. Varillas;) but 
Pag. 7.  if his Observations upon that Gentleman be true, he has made himself the Successor to all his Foolishness, and Affectation, in setting such a Value upon the Excellencies of his own Sublimes.  
The Contradiction I 
* Vid. id.  fixed upon his Writings concerning the Temper, and Disposition of Queen Mary, will stand, in spite of his Distinctions, and Endeavours to evade it. It has been the constant practice of these prejudiced, and inveterate Historians, to make her very Nature cruel and bloody, and from an Unrelenting Severity; and some unmerciful Inclinations perhaps more Impartial Authors cannot clear her; and 'tis plain, that his Encomiums upon that 
* Reflect. on 3 Tome of Mr. Var. p. 150  instance of her Clemency, was clearly the Result of his Brutal Rage, against the Proceed of the chief Minister of His Majesty's Justice; and that very Devil (whom for a touch on the 
* Vid. preface to Lactantius.  Papists) he represents for a Liar, and a Murderer, should have been made the God of truth and mercy, rather than have wanted an elevated reproach, and a Scurrilous Aggravation, against that Honourable Person, whom in every Paper he so scandalously stigmatises; this was only to show how 
* Vid. His Reflect. on Varillas Continuation.  Rebels were hanged up by Hundreds, by him whom his more exalted confidence, has since called the 
* Vid. His Apology.  common Hangman: That lewd Character, and foulest Language, was only a Duplicated Libel on the late King's Memory, his Judgement, and his Minister of State together, the falsest Aspersion, and entire Fiction; the Character being in all its parts so disagreeable, is of itself a sufficient Proof, that it was none of the late Kings, whom this Author, upon another occasion to abuse his Memory, has 
* Vid. His Enquiry.  extolled for an Excellency in that way; but he that (though an unworthy Preacher of the Rolls) would have been a Master of the Temple, may be angry if disappointed, for the sake of a better Man; These Excesses could never have been made Brutal, but by one that can as brutishly represent them; and this Body of Divinity, to gratify its passion, does only divest itself of Humanity, and translates itself too into one of those beasts of Ephesus, it fights against Principalities and Powers, against Paul too, as well as Peter; this Satirist himself must pardon this passage, when he reflects upon that Majesty, and the Ministers of his State, he has in such a scandalous manner, Libelled, and Traduced.  
I made it appear in that Treatise, that his Contradiction was truly such, according to the very definition 
Vid. ibid. Vind. p. 7.  of the Schools, with a dicitur de eodem, for if Queen Mary, was to be made Cruel in Matters of Religion, that Rebellion was really upon that very Score, and the Spanish Match but a mere pretence, and therefore I've proved upon him, that for his God, he can lie. And though some disgusted Papists might join with him, his Followers were (to a very few) all Protestants; and his Reflections upon that place, at best, but a presumptive Forgery: for this Match is confessed by 
* Sir R. Baker's Chron. p. 318.  Historians, to have been of the two, most advantageous to Qu. Marry, that they resolved once not to stir till K. Philip came; that so their taking up Arms might have the better Colour; and the Queen complained to the Londoners, that though he pretended only the crossing of of the Match; yet his Audacious Designs, were to seize upon her Person, to have the Custody of her, and the Command of her Counselors, and 'tis strange, since her Cruelty was such in Matters of Religion, she should be so merciful to those that really Rebelled for it.  
Those Acts and Monuments, which in all other things 
Vid. Fox 1419. Vid. Dr. B's preface to Reformation.  must be so believed, and of which himself has so good opinion, as to give them his Panegyrics; how comes it to pass, that they must here have no Authority at all; Those tell us, That it was for Religion too, they Conspired among themselves, and made a Rebellion, of which this Wyatt was one of the chief Beginners, who said, that upon this Match, (and as he said, many else perceived) the Queen and Counsel would Establish the Popish Religion; and in that Monumental Speech, he Records of the Queen, are these express words, That their Pretence, as they said was at first against the determined Marriage, but that since she had sent certain of her Privy Council unto them, to demand the cause of their Rebellion, and it appeared unto the said Council, that the Matter of the Marriage seemed to be but a Spanish Cloak, to cover their pretended purpose against our Religion: I cannot see, but this with all Protestants, must pass for truth, if they believe the Martyrologist, and that 
* Vid. Reflect. on Var. Cont. p. 150.  before the partial Account that may be put upon us in a Paper of his Sons, and the false Reflections of a prejudiced and disingenuous Author: But mark the agreement of these Writers, Dr. Burnett, only where it makes for his purpose, tells us of a very small number that were made Examples upon this Insurrection, but Mr. Fox says, though there was but about an hundred killed, yet of those that were taken, a great many were hanged and Executed; they were hung up by Fiftys, though not by Hundreds, if we believe the 
* How's Cont. of Stow's Ann. pag. 622.  History of Mr. How, and even this 
* Vid. Abridg. of Reform. l. 3.  Author himself confesses so much: it cannot be denied, says Dr. 
* Vid. His History of Refor. Ann. Reg. Mar  Heylin, But that the restitution of the Reformed Religion, was the matter principally aimed at in the Rebellion, though nothing but the Match with Spain, appeared on the outside; the hope they had of the Earl of Devonshire's Marrying the Princess Elizabeth, and restoring Reformation, animated the Western part, as well as Wyatt did the South, and so satisfied were Protestants, that pure Religion was the Cause, that Goodman writes a Panegyric upon this very Sir Thomas' Exploit, to this purpose: Wyatt that did his Duty for the Maintenance of the Gospel: Wyatt with whom all aught to have risen that profess the Gospel: O Noble Wyatt, that art now with God, and those Worthy Men, that died in that happy Enterprise: Lastly, This very Author's words are to this purpose, upon the place, All that loved the 
Vid. Dr. B's Reform. Part 2. Lib. 2.  Reformation, were against the Spanish Match; and tells us, that Wyatt in his Proclamation at Maidstone, (where note, that is the only one we hear of his in History) tho' he pretended nothing but the Liberty of the Nation, yet privately assured all the Reformed, he would declare for them; and since there is such a Concurrent Testimony of all sort of Writers, of different Complexions, and even his own, is it not the most shameful piece of Impudence? to offer to obtrude such a Forgery upon the World, for which he can have no other foundation, than this Account, which he 
* Vid Reflect. on the Continuation of Mr. Var.  Prints of his Sons, contrary to the sense of all Historians? Is it not more than probable, that this Relation was feigned to excuse the Father? And are not all Familles concerned, as much as they can, to keep up their Reputation? If he has made no better Inferences from his consulting the rest of the Records that concern the Reformation, than he pretends to draw from this Original, he has done it the greatest disservice in the World, by his Imprudent Partiality, and Inconsiderate Conclusions.  
But to confirm further the falsehood of this Relation, upon which our Author so imprudently relies, 
* Vid. Dr. B's Histor. of Reformation, which has not a word of it.  I do not find from several of our Annals and Chronicles, that this same Sir Thomas Wyatt (as his 
† Vid. Reflect. on Mr. Varilla's 3d. Tom. 140.  Reflections say) was ever sent Ambassador to Charles the Fifth's Court; I have traced it from Hen. 
‖ I find in Hen. the 8th's Reign, Sir Henry Knevet and Gardiner to be Ambassadors to that Court, in 1541. and 1545. and Sir phillip Hoby Resident there in Edw. 6. Reign, 1548/9:  the 8th's Reign down to Queen Mary's; Dr. Heylin makes no mention of it in his History; neither does our Author, as himself confesses, Record it. in his own; but this new Discovery is brought in now for a Supplement, as he says, to supply the Defects of it. If this be his sincerity so much applauded, I am afraid even Mons. Le Grand must have a great advantage against him. But what is somewhat remarkable, upon my enquiring into this matter, I find one Sir Thomas Wyatt, about the 33 
* 1641.  of Hen. 8. 
* Bak. Chron. p. 300. 8 Edit. Lond.  sent Ambassador to the same Emperor, but who died of the Plague while he was going thither; but whether this might not make the Mistake, or that one of his Sons, or of the same Family and Name, succeeded in the same Embassady, I submit to the conjectures of those that will, I hope, make better Conclusions than our Author; I am sure it is but a bad one that he makes from the same business, that is, because no mention was made of B. Poynet's, 
* Abridg. l. 3.  being in the Rebellion, by his Name not being among the many that were attainted for it; he not in it, when it is very probable he was left out only for his Deserting them before they came to London, since those Writers that accuse him of being an Accomplice, acknowledge too, that he Counselled them to shift for themselves, took his leave of them, and went into Germany; and 'tis a general practice upon all such Revolutions to Animadvert chief upon those that are seized, and have been the most obstinate, and persisted to the last in such rebellious Undertake: And I do not see why Dr. Heylin's Authority in this Point; when he imparts also to 
An. 1. Reg. M.  us, the Particulars, should not be of as much force as Dr. B's, when he gives us but a general Assertion from his one Supposition and Conjecture: And I cannot but take notice, how in the Account of this Affair, our Author would excuse those Rebels, and calls it but a 
Vid. Hist. Ref.  sort of an Attempt upon Winchester House, when both Mr. Fox, and Dr. Heylin agree, that they sacked it, and defaced all the Bishop's Library. That Author, in spite of his unjust Character, in his Proud, and Censorious 
Vid. Praef. to his 1 Vol.  preface, has said too much against Papists, to be suspected for one, or hired for it; and who has not shown so little bitterness against their Doctrines, and Persuasions, as to be thought only to write on one side, and to favour them so much; he showed himself so far a fair Historian, as plainly to lay open the faults of both Parties, and represents the Sacrilegious Proceed of King Edward's Reign, with as much abhorrence, as the Persecution of Queen Mary's, and the Description of that, I am sure, he has not in the least favoured; 'tis confessed, he had not recourse to those many Records, that, perhaps, since; have not been so well explained, or truly Copied; neither did he design his Work so Voluminous; but his Sincerity seems somewhat beyond theirs that have so confidently traduced it: and from what has been here said, may be observed too, That 
* Vid. His Apology.  there are some degrees of shame, over which when people have past, they cannot be put out of Countenance.  
And now I hope I shall clear myself from his last Accusations, having so successfully been able, (even from his own malice and mistakes, to defend myself against all the rest) He says, That in State Matters I have not blemished him much; but he must mean 
Vid. Vind. p. 7.  it for the same reason, that he has not blemished any Minister of State, (i.e.) by his own being so full of blots and blemishes.  
He 
* Vid. Ib. Vind. p. 7.  Accuses me for venturing upon a point of Divinity, which (as he says) is above me, since I were only entertained to Scribble upon the Politics: Scribbler and Scribbling are the best Terms that always our Arrogant piece of Opinatre bestows upon Persons that writ with more sincerity, though not with the same popular Fame that this piece of Arrogance affects; but so many times does a Mountebank attract the Mobile with his pompous Name, and his having appeared so much upon the Stage: I cannot see upon what this prodigious Vanity should so inestimably value himself, unless it be for that Function which in any other I shall always respect, and which himself has in All endeavoured to defame. Luther was condemned for his undecent Reply to our Henry the 8th. and that by those Protestants for whom he was the first Champion at the Pen: And sure the Church of England must be ashamed then of such a Defender, that vilifies his King with Reproaches that would be a Scandal to a Dutch Scavenger: Had the Proceed against the Dr. been so severe, a submissive Acquiescence would have better become his Coat and Character; and where he says he had so many Enemies, procured him more Friends; People are apt to pity those that take Hardships patiently, when their uneasiness may make them seem to merit it: Whereas his Vindications only divest him of the Habit he wears, the Cassock of an English Divine, cannot Conceal so much Sedition, a Cloak of Amsterdam will become it better, and cover it more. But though he makes Politics my sole Province, and Divinity so much above me, it may appear I understand as much of it as this comes to, though I don't make it my Trade; and it might be wished this Dogmatist out of the Pulpit, did not put upon us for Doctrine so much of his Politics too; but it seems with such vain men as our Author, all Human Learning, as well as Divine, must be looked for like the Keys (for which we condemn another Church) to be hung at his Girdle; I cannot see, but I might venture as boldly upon his School-Divinity, as our Author upon the Court-Politicks: And for my being entertained for that purpose, is but another Instance of Dr. Burnett's Faithfulness in his giving of Characters, which is still at a venture; those that are better acquainted with me, know best what has been my Entertainment, and I can defy even Malice to make out my being Mercenary; but we see now for what he was entertained in Holland. Whatever Reflections may be passed upon our Writings, they have been always really the Result of defending the Crown against all Antimonarchical Principles, and such seditious Reflections, by one who shall never be brought to make any Mollifying Distinctions or Modalitys, for the sake of any Persons or Persuasions, that behave themselves disrespectfully to their King, and shall ever condemn those that have done it, as much as what our celebrated Author has been so long a doing.  
I have seen so much of Government abroad, as to learn, that there is no Country that takes so much Licentious Liberty with their Prince, as our own at home, and whatever side was faulty, did think it my Duty, without being entertained, to tell them of their faults: Can our Author prove me (what he calls Another, an Hired 
* Vid. His Apology, p. 5.  Buffoon, whom against his Apology I leave to defend himself (if he can from being hired) being a more celebrated Pen, and one that was always willing, that the Government by none other should be defended; for Pension and Pay will make the most Loyal Services a Trade, and so we must give some people leave to put in for a Monopoly.) Our Author might have then perhaps more handsomely passed upon us the Reflection; but since from the First most famous Attempt against the King's Succession, to his own late Libels upon the King, I have with the same zeal and sincerity vindicated his cause against Authors as celebrated as himself, and that without the least satisfaction, but what Duty and Loyalty could afford, which indeed, like the best of Virtue, is the best Reward unto itself: This Reflection will come from him now with no good Grace, especially if he reflects upon some Application himself made to the late King that he Libels; and upon the * Account he gives us of the carrying on his own Works, which, if I mistake not, was 
Vid. His Pref. to Refor. 1 vol.  not compassed without a Collection too, and his kind Benefactors not only Courted out of their Manuscripts, but their Money.  
But since our Author would make me so Ignorant in this Notion of Arrianism, I shall let him know, I a little understand it, and that he much misunderstood me; The Doctrine of Arrius is delivered down to us as a Disbelief of the Divinity of our Saviour; 
Vid. Vind. p. 7.  that which gave the first occasion for it, was indeed what has caused the many Perplexities about Religious Matters since, and that is the Sophistry of such Polemical Divines, that make but a piece of Metaphysics of their Faith and Religion, and must needs give Expositions and Solutions upon what without examining they are bound even from the very Bible to believe: The Bishop of Alexandria, upon a solemn Assembly of his Clergy, falls upon a speculative Discourse of this Mighty Mystery, and manages it so confusedly, that Arrius fancied he was introducing an Heresy before him, viz. the Sabellians, and while he was concerned against the Uniting of the Persons, divides their Natures, and to defend the Trinity, destroys the Unity. This I take to be Arrianism; This the occasion of it; This the Source 
Neicene, Athanas. etc.  of our being perplexed with so many explanatory Creeds, which I could never comprehend so necessary, though thought sit to be made so Canonical.  
Now the nice Disquisition about these matters, I thought, might be better omitted, & even the searching into Manuscripts about it, at least the troubling the World with the Account; Since such unhappy Curiosity in these Scholastic Speculations occasioned the very Heresy against which we contend, and since it is an Opinion that has no footing in all our Western Churches, whether Catholic or Protestant, not so much as in a single Heretic: It can be no Service to the Christian Religion in general, to retrieve those Discourses that among unwary men and illiterate might create Doubts and Disturbances. Much less can it be defended, the giving the World to understand, 
* Vid. His Letter from Zurich.  that the plainest Text that we have in our Bibles against it, is not to be found in their Original Manuscripts; for since those Sacred Books are by the indulgent Charity of the Reformation, and the reasonableness of all People's reading what they are bound to believe, permitted to the meanest Capacities, the plainest words will best Satisfy such, who cannot so well gather it from some dubious Expressions, which though clear to such a Doctor, to them may seem dark, especially when that light they relied on, is so officiously put out. This was the true ground of the Reflection, and This what he grounds upon an Accusation as false; for any one that views the 
* Vid. Parlia. Pacif.  Passage, will find I accused him only for dealing thus boldly about the Trinity; and it plainly appears, that it had been better for the Church, if such busy men had never been so bold: I charged his Person with no Opinion, but only this Unhappy Consequence of his Fatal and officious Industry. So that when he says I represent him as an Enemy to the Divinity of Christ, tho' he would not be thought to 
* Vid. Vind. p. 8.  lie for God; yet for Man, for himself, what is worse, for an ill man he doth.   
FINIS.