A JUSTIFICATION OF THE Present War AGAINST THE United Netherlands. WHEREIN The Declaration of His Majesty is Vindicated, and the WAR proved to be Just, Honourable, and Necessary; The Dominion of the Sea Explained, and His Majesty's Rights thereunto Asserted; The Obligations of the Dutch to England, and Their Continual Ingratitude: Illustrated with Sculptures. In Answer to a Dutch Treatise Entitled, Considerations upon the Present State of the United Netherlands. By an English Man. Cicero ad Atticum, Lib. X. Ep. 7. Pompeij omne Consilium Themistocleum est: Existimat enim, qui Mare teneat, eum necesse rerum potiri. Lucius Florus. Pudebat nobilem populam ablato mari, raptis insulis, dare tributa quae jubere consueverat. LONDON. Printed for Henry Hills and john Starkey, and are to be Sold at the Bell in St. Paul's Chuch-yard and the Mitre within Temple-Bar, 1672. THE AUTHOR UNTO THE READER. SInce the Author of the Considerations is pleased to conceal his Name, and suffer his Book to pass as the work of a private person; it seems requisite, that I do declare this ensuing Treatise to proceed from an Hand not less private, if not more; and this I am the more obliged to own, lest by any mistake of mine through Haste, Ignorance, or Misinformation, some prejudice might be created against the just and unquestionable Rights of his Majesty. The Interests of Princes are not proper subjects for ordinary pens: yet in this juncture of our Affairs, in these times of universal danger, I hope my attempt shall not be liable to misconstruction, since it hath no other source and original, than the service of my King and Native Country: and I do profess that I have not, to my best knowledge, made use of any officious untruths, nor in any Allegation, or Asseveration, imposed upon the credulous Reader; nor have I asserted the less probable opinions at any time, out of compliance with the present exigencies of State, in opposition to those which are strengthened with greater Authority and Reason. I have throughly convinced myself in the first place, and therefore hope the Discourse may prove more satisfactory unto all others. The infant Republic of the United Netherlands, after that it had got some considerable strength by the assistance of England, began to be sensible of the Advantages they drew from Navigation, and how necessary it was for them not only to open the Commerce unto both Indies, but to secure themselves of the Fishing in the British Seas▪ the death of Queen Elizabeth (who would otherwise have been jealous of their growing power, and tender of her own Rights) together with the peaceable disposition of King James, seemed to make way for their ambitious designs, Domin. Baudius' de induciis belli Belgici, l. 3. and the Cabal of Holland (whereof Grotius was one) did publish an Anonymous Treatise, called Mare liberum, wherein the freedom of the Sea to navigate, or fish in, was maintained as a due right of mankind, according to the Law of Nature, and Nations: which foundation they esteemed more suitable to their ends, then if they should depend upon a revocable privilege, or tacit permission. The Book was the less resented at that time, because it was in appearance leveled against the Spanish Indies, and the prohibition of Commerce there; and then all Europe was willing to see the pride and power of Spain abated by any means. Howsoever King James was angry at the pretended Liberty of Fishing, and his Ambassador Carleton complained thereof to the States; Grotius Apologet. c. 19 but they never avowed the principles, but owned the Rights of King James, though in deed slighted them, and usurped upon the Fishing, in such manner as I have showed in this Treatise. That single Book hath occasioned a multitude of Discourses upon that Subject; Mr. Selden defended the English dominion over the British Seas: Others that of Venice, and Genoa: The Dutch Advocates undermining by their Writings all the Regalities of Princes, as their Masters have done by their Actions. After that the troubles of Scotland and England had disabled King Charles the First from attending unto the Dominion of the Sea, according as He most generously purposed, the Dutch thought that the English, being weakened with the Civil Wars, and distracted with Intestine Factions, by reason of the alteration of the Government, could not resist their ambition, should they usurp the Universal Dominion of the Seas; and to secure themselves therein, they sent Van Tromp to destroy the English Navy, without declaring any War; but neither did that attempt, nor the War ensuing thereupon, prosper as they hoped they would. But ever since that fierce War, they have determined upon the ruining the English Navigation, and not only to exclude the English from the East-India Trade, Terris, fretis, portubus [per Indiam Orient.] Hispaniarum atque Lusitaniae regem (atque ut auguramur etiam Anglos) exuere. M. Schoockins the imper. ma●it. c. 21. Funestiores adhuc succedent anni, nisi in parts ante omnia solicitato Deo Opt. max. laboraverimus Anglos mari expellere, illiusque Imperium asserere. Frustra sumus, si per quaecunque pacta cum talibus, speremus sartam tectam fore mercaturam nostram: quam diu high graves nostri vicini in mari dominabuntur, compedita erit mercatura. Si enim una Oresunda ratione mercaturae Orientalis necessario transeunda, antehàc habita fuit Crux Mercatorum, quanta crux non futura dominans Anglia, dico, tot commodis portubus, & tam validâ hoc tempore classe instructa? id ibid. but to expel them from▪ and deprive them of the Dominion of the British Seas. It is a received Aphorism amongst the Hollanders, that the flourishing condition of England is a diminution of their glory; Also, that Trade and the Repute of strength are inseparably linked together; and hereupon they have so many ways contributed to the embroiling of our Kingdoms, and omitted nothing that might represent us as ridiculous and contemptible unto Foreign Princes. After they had usurped the Fishery, they began to assume a freedom to act all manner of Hostilities upon our Allies (if at enmity with them) not only upon our Seas, but in our Ports; and hereof there are many Instances besides the destruction of the Spanish Fleet in 1639. After this, their pride increasing with their power, they refused to strike Sail to our Ships of War: now they will allow it to be but a Ceremony and Civility, and dispute the paying thereof, unless we come up to such terms as are insupportable. Thus by degrees they have reduced this Nation to the present weakness and contempt; nor can any concessions, any indulgence satisfy their Arrogance and Covetousness: They who covet all, will not acquiesce in any grants that are not answerable to their desires, how unjust or vast soever they be: Igitur ne minimus quidem apex de solennibus formulis detrahi debet, nec quicquam de jure remittendum, ne judicium vestrum metus esse videatur, & uno concesso semésque inclinatis ad assentiendum & indulgendum mentibus graviora longè, & injustiora postulentur. Ubi Majestatis jus agitur media via neutiquam est eligenda. Princeps Auriacus apud D. Ba●dium de induciis. lib. 2. And their friendship is sooner purchased by a brisk opposition, than complaisance. If we look upon the number and quality of the injuries which we have received from the Dutch, the Turks of Algiers and Tunis are less offensive, and less perfidious. If we consider the courses by which the Dutch attack us, the Algerines are the more supportable to an English spirit, since they act by force, and open piracy, what the Hollanders do by finess and deceit: And since it is our unhappiness to have so ill neighbours, that we must either fall by a lingering and inglorious death, or hazard by War a more precipitate end; I think hi● Majesty hath made that choice which is most conformable to the genius and temperament of his Subjects; and instigated by his Honour, Justice, and Necessity, put into the hands of the English, an opportunity at least of perishing bravely. But as we ought not in a righteous cause to distrust the mercy of God, so upon so auspicious a beginning as the Lord of Hosts hath favoured us with, under the conduct of our Undaunted Admiral; we may hope for a prosperous success over our treacherous and ungrateful Enemies. It becomes the Nation now to express their generous resolution and courage, whereby the first advantages may be timely and vigorously pursued. Non ignarus, instandum famae, ac prout prima cessissent, fore universa. C. Tacitus in vitâ Agricolae▪ It is true, War is expensive; yet 'tis not to be esteemed so, when the effects of peace will be more fatal and cost us more: It is expensive, yet in the beginnings of War even prodigality is wisdom; and he that lays out most lays out least. Small supplies may foment and continue a War, but great ones put a speedy end thereunto. Let us then show ourselves unanimous, and resolute; Let us add to our usual boldness all that fury which despair infuseth: Our circumstances are such as admit of no aftergame: either we must be the Distressed Kingdom of England, or they once more the Distressed States of Holland; and 'twill be more insupportable for us to fall into a condition we never yet understood, than for them who return only to their primitive estate. The Dutch presume not so much upon their own strength, as upon our divisions, animosities, and poverty. Let us undeceive them in these surmises; let us convince them, that the English have yet much to give, as well as All to lose; and that they can abandon all private emulations and jealousies where the Public is so highly endangered; and either totally extinguish them, or lay them aside till they have a more fitting time to resume them. If we can form our minds to such sentiments as these, we may have in a short space, what Peace we desire; if we act by other Principles, we can have no Peace, but what pleaseth the insolent and enraged Hollander. Errata. Pag. 10. lin. 31: for Soveraigners read Sovereigns, p. 21. l. 25. blot out being now in, p. 62. l. 36. for uénd r. read. The second Cut is to be inserted pag. 40. Impartial and Seasonable REFLECTIONS Upon a late Book, Entitled, Considerations upon the Present State of the United Netherlands. WHen I perused the Treatise, Entitled, Considerations upon the present State of the United Netherlands, I could not but recall to mind that Raillery of Charles the Fifth; who, when He adjusted the usefulness of several European Languages, said, That the Dutch was fittest to be used unto an Horse. Certainly the expressions they use against His Sacred Majesty, the present King of Great Britain, are so rude and barbarous; the suggestions so palpably false, that in a controversy betwixt private persons, such a procedure were intolerable in any part of the Civil World: How much more than ought we to resent it, where the Dignity and Honour of our Prince (upon whose Reputation abroad, and at home, not only the National Renown, and General Commerce, but the Welfare and Being of each Particular Man is suspended) is concerned? I do not endeavour to serve the present juncture by this high insinuation of what importance it is, that the Majesty of our Sovereign be upheld: I do not act any thing of the Courtier herein; 'tis a document of the best Politicians, and the experience of all Ages, Neque verò incassum haec nominis existimatio quaeritur: H●c enim dubios firmat, benevolentiam amicorum auget, milites obsecundantes reddit, commeatuum vias explanat, pecunias minori labore acquirit; demum plaeraque omnia in existimatione consistunt; quae cum perdita est, fortia ac validissima remedia, nedum debilia & invalida, vix prosunt, & inviso semel princip●, seu bene seu male facta premunt. Scipio Ammirat. dissertat. Polit. lib. 13. Discurs. 1. doth confirm it for a Truth: It is no vain or empty design, for a Prince to preserve that credit and renown which appertains unto His Quality; 'tis hereby, that He shall ensure Himself of those that waver in their Friendship or Allegiance; 'tis hereby, that He shall retain His Armies in Discipline and Courage; 'tis hereby, that He shall continue in His other Subjects, their due Reverence and Respect. In fine, The Reputation of a Prince is All in all: And that being once lost, the most powerful and prudent Remedies become ineffectual to the support of his Crown, and tranquillity of His Dominions. Neither do I upbraid the Dutch with the violation of those Edicts, whereby Christianity regulates Men so in their deporments, As not to speak evil of Dignities; not to Blaspheme the Gods, or Magistrates; being reviled, not so much as to revile again; Whatsoever things are just, whatsoever things are honest, whatsoever things are of good report, if there be any praise, if there be any glory, to think thereof: No, no, I should injure Christendom to reckon the United Netherlands a part thereof; such are their practices, that 'tis a crime in them to profess that Religion, and a great mistake in those that entitle them thereunto: I know not, whether I do not speak too mildly concerning those deluded persons, since 'tis a wilful error in them that imagine so; the Dutch themselves have avowed it, and those that managed their Trade in japan, when the Christians there (at the instigation of the Dutch) were all by horrible tortures put to death, and every Housekeeper enjoined to declare in writing, Varenius Descript. Japoniae, l. 2. De Religione, Japon. c. 11. p. 200. Edit. Amstelodam. 1649. Haec Rejeri Gisberti Narratio est, cui, quoniam ea tantùm describit, quae ipso praesente gesta sunt, fidem derogare haud jure possumus. Varen. ibid. p. 201. That he neither was a Christian, nor retained any Christians in his family, Melchior à Santvoort, and Vincentius Romeyn, subscribed themselves, that They were Hollanders: Most impiously for lucre's sake declining that Profession of Christianity, to which Christ and his Apostles oblige them. If they were ashamed or afraid to acknowledge Christ then, I know what our Saviour will do to them hereafter; and if we be ashamed to own them now, or positive in denying them to be Christians now, we are justified by an infallible Authority. I would willingly palliate the matter, by casting the scandal upon a few particular persons, who might be surprised with the imminent danger at that time: But their reputation is not to be salved so; for the Conditions, upon which the Trade continues to be managed there, with the knowledge and approbation of the States-General, and of the Provincials of Holland, are these; They are at their first arrival, Omnes libros, siquo● secum adduxerunt, tradere tenentur.— Insuper exercitiis Christianae Religionis omninò abstinere debent praesentibus Iap●●is, adeò quidem ut ne manus complicate ante cibum vel post assumptum audeant: Si in hoc peccaverint, capitale est, imò navi mulctarentur. Varenius ubi supra, l. 1. c. 26. p 193. & lib. 2. de Relig. Japon. c. 11. p 208. faithfully to deliver up all the Books which they bring along with them to Japan, (not a Bible, or Prayer-Book, is reserved) which are not to be restored till their departure again. They are to refrain from all manner of outward Profession of Christianity in Word or Deed amongst the Japanners; in so much, that it is Death and Confiscation of their Ships and Goods, if they do so much as verbally give God thanks for the Meat they eat, or by any motion of their Hands or Eyes testify any inclination thereunto. Upon these terms the Emperor permitted them to trade thither; the Conditions were sent into Holland to be approved of there, it being added in the close of the Letter, Quamdiu apud Hollandos aliquid, quod Christianismum redoleat, peragetur, nihil impetrabunt, quicquid etiam petierint. Id. ibid. p. 210. That if they did make any of the least show, that they were Christians, they should not obtain any favour at the hands of the Emperor. And the Dutch have so exactly submitted to these Conditions, and do so absolutely in word and deeds dissemble their Christianity, that not only the common people, but the Rulers and Magistrates of japan do really believe that they are as perfect Heathens as themselves. Dissimulandam enim eis esse Religionem, & pro Ethnicis quoque haberi à Magistrat● Japonensi. Id. ibid. p. 208. What would those Ancient Christians do to these Irreligious Hollanders? What Sentiments would they entertain against these practices, who proceeded so severely against such of their number heretofore, as did (amidst a fierce persecution) deliver up the Sacred Scriptures into the hands of the Paynims? The Portuguese refused to ●●●de there upon those terms. Which are the best Christians, those Papists, or these Protestants? Is i● not manifest that the Dutch are hereby obliged to deny themselves absolutely to be Christians, in case any Japanner doth put suc● a Question unto them? With what Zeal would they exterminate these Traditores, these Gnostics out of the Church, and Sacred Society of Christians? I cannot parallel th●se Actions with any exorbitancies of the Primitive Heretics, how detestable soever they were. But it is most manifest, that by their rigour against those Traditores, etc. they would have ejected the Hollanders out of the number of Christians, and anathematised them above any upon record, since the Dutch act that for gain, which no terrors could excuse under a Dioclesian, or Maximianus. Whatsoever may be alleged in behalf of Vincentius Romeyn and his Associates, In regno Iap●nensium, ubi Christiana religio interdicta est, ●●●gae qui ibi habitant, ex ●an●▪ to ●●ci●tatis Indiae Orientalis ab omni externo cultu abstinere tenentur. Tract. Theologo-polit. c. 4. p. 6. 2. edit. 1670. Hamburg. (if any thing can be said) extends not to the subsequent Traders: and even before the persecution in japan, the Hollanders demeaned themselves no otherwise then afterwards, for amongst the motives which induced the Emperor of japan to allow them to trade, it is expressly said, That He permitted them this liberty, Cum Hollandi multis jam annis, quibus in Japonià commercia exercuerunt, nunquam de propagandá Christian● religione quicquam attentaverint, nec de 〈…〉 soliciti fuerint— id. ibid. pag. 209. because that during all the precedent years in which they traded thither, He never observed that they intended the propagation of their Religion, or seemed at all concerned for it. One would think that any professing Christianity would not demean themselves thus unworthily: but these men proclaim and publish to the world their impiety, without remorse, or shame. The Director of their Factory there, Francis Charon, printed this in his Description of japan, and Varenius upon strict enquiry found it to be really true. Their Books were printed at Amsterdam. And let who can, style them Christians, Reformed Churches, or Protestants, I am sure none can communicate with such Publicans and Heathens; and had an Hollander been Bishop of Carthage, than Donatism had been no Schism. An Hollander! This is the Name of a People that esteem nothing sacred, but their own profit, and live under no obligations of Honour, Morality, or Religion, but Interest. I must ravage over afric (so famed for Monstrous productions) and in the most inhuman parts thereof seek a parallel for these European Monsters: They are not to be ranked amongst the tolerable Paynims: Old Rome would have taught them that there are certain Laws of War, as well as Peace, and those such as cannot be silenced by the noise of Canons: And I will from Athens borrow an Expostulation against them. Non esse sibi conquerendum, quod hostilia ab hoste passi fuerint: esse etenim quaedam belli jura, quae ut facere, ita pati sit fas: sata exuri, dirui secta, praedas hominum pecorum que agi, misera magis quam indigna patienti esse: id se queri, quod Philippus, qui Romano● alienigenas & barbaros voce●, adeò omnia, simul divina humanaque polluerit, ut priore populatione cum infernis diis, secunda cum superis bellum nefarium gesserit. Livius lib. 31. " We do not complain that being Enemies, they act as Enemies: there are some conditions and laws of war, which may be equitably practised on both sides; to harrasse the fields, plunder Towns, kill, slay, and take Captives, how miserable soever these things be to those that suffer them, yet are they not unjust actions: We do complain that these Netherlanders, who, even in the Treatise which I now animadvert upon, do so highly pretend to Piety and Protestancy, should violate all divine and humane Rules of Civility, that they rail instead of fight, that they attack us with contumelious language, and aggravate their unjust enmity with an insolence that is not to be endured. I am as much perplexed to find out the Rules of their Politics herein, as I am elsewhere to seek for those of their Religion, seeing that this deportment must needs exasperate all mankind against them, and common humanity obligeth every one to endeavour their extirpation: Provocations of this kind, Injuries of this nature, admit of no composition, and render the most bloody wars to be most just. The indignities done to our King do extend unto all Princes, and become Examples of what they universally must expect in time to suffer from the continuance of their High and Mighties: but these affronts particularly and most sensibly touch the subjects of the King of Great Britain, and turn their just anger into implacable fury. As the Dutch are to the English, such were the Veientes to the Romans, Sed Veiens hostis assiduas magis, qua●● gravis, contumel●s saepiùs, quam periculo animos agitabat. Livius lib. 2. c. 48. Livius lib. 5. they were a vexatious rather than terrible enemy, and irritated them more by their contumelies, than their armies: But it is observable, that there never was a fiercer or more cruel war, and the Romans did never testify so high resentments, as for those indignities: and from such like considerations arose that cautelous advice of Scipio Ammiratus and Macchiavell (no Dutchmen) that Men ought to be cautious how they irritate an enemy by contumelious language and other indignities; Scipio Ammi●at. dissert. polit. l. 18. disc. 10. Macchiavell. disc. in Livium l. 2. c. 26. since the impressions thereof are more violent and durable in the minds of Men, then what are occasioned by common, and even grievous injuries. I smiled when I read the High commendations which they bestow upon their Country and Government. Oh! the rare situation of it! 'Tis a Canaan; but seated in a Bog, and overflows with water, instead of Honey. 'Tis a Canaan, in which there are many jews, but scarce one Israelite without guile. No Spials yet have informed me of those prodigious Grapes, such as the Israelitish discoverers met with in Canaan; and these cheating Hollanders obtrude upon us Turnips for Pomegranates. Yet do they assure us their Land is a true Canaan: but 'tis more true, which they add, That 'tis a Land of Promise; for all Europe and the East-Indies do complain there is nothing of performances there. They magnify their excellent Government; which is an Anarchy: they subsist not by any wise reiglement, but combination of interest, and sense of common danger. The Provincial States of Holland and West-Friesland demonstrate this in their Declaration printed at Leyden in 1654. They have been an hundred times in danger of a total rupture; each Province is sovereign and independent of the rest, and can send Embassies, contract Leagues, and otherwise negotiate with foreign Princes, without the privity of the others: never was there Sheaf of Arrows so ill made up into a bundle. Their Liberty (whereof they boast) consists in paying more Taxes than any Prince in the world exacts: and in being subjected to the most Arbitrary proceedings as to Life, exile, and imprisonment, that ever I read of: and if I am deceived, Grotius in his Apologetic (who suffered thereby, with many others) deluded me into that sentiment. But though these Canaanites do live under an ill Government, in a bad Country, upon Pickled Herrings, Groot, Butter, and Cheese; yet they enjoy for their souls, that immortal part, as much as from God they can desire, namely the food of his word, which nourisheth them to life eternal.— And this is the Celestial diet of all the jews, Socinians, Anabaptists, Papists, etc. that a bound there. The State's General have nothing to do with Religion: the several Provinces, and Towns can only intermeddle therewith; and that they so do, that the Ecclesiastics can neither preach otherwise than what the Magistrates please, nor exercise any Church-Discipline as they ought. Upon these Terms the Ministers are Pastors, and feed them with heavenly food▪ being servants rather of the Burgomasters and of Mammon, than God. Were our Nonconformists there employed they would find it unlawful to 〈…〉 the 〈…〉 Minist●rii ●vangelici, and they would be banished should they discourse there about the duty of Magistrates, See the Apology of Olden barnavelt printed in English in 161●. and power of Ministers, as they do in England. These Zealous Protestants have declared that 'twas indifferent to them what Religion any Province or City were of, so they would but Unite with them. The League at Vtrecht (which is the foundation of their Union) doth run thus, Grotius Apologet. c▪ 2. and Grotius shall justify all I say. They say, They have always highly interessed themselves in the friendship of His Majesty: And to preserve his friendship, they made all those ignominious Pictures, Medals, and Monuments; they refused him the Honour of the Flag, and informed His Majesty, That the Dominion of the Sea is an Usurpation, and that upon God Almighty; to whom alone this State attributes it. They say, Their great interest consists in the peace and tranquillity of Christendom. Oh! happy interest of a Christian State.— I believe their interest now consists in the peace of Christendom; because that war menaceth them, which they would have turned upon England; and I believe they did not swerve from their interest, when they formerly sowed divisions betwixt the Swedes and Danes, and other Germane Princes; and of late endeavoured to embroil all Europe in wars, thereby to counterpoise France. I might reflect upon their confining their interest to the peace of Christendom; whereas they place it otherwise in the East-Indies, embroiling those parts as much as they can in wars, and destroying our Merchants upon all occasions: But it is very observable, that the real interest of these most amicable Dutch, consists in Europe, in doing all those things which may justly incense Princes to make war upon them, and yet in cajolling them into a tame and dishonourable acquiescence. Such passages as these, I confess did add to my divertisement upon the reading▪ but a different passion seized when I met with those insolent expressions with which they affront our Sovereign, who not only by reason of his personal excellencies, but by the right of his English Crown, is ranked amongst the Reges superillustres. Corsettus. Had His Majesty been of a lesser quality, yet since his Ancestors have by their favour, protection, and vast expense of Men and Money, raised the Dutch into a Republic, ordinary Gratitude might have engaged them to civiler Language. To give the Lie to any Man, is reputed a just cause of quarrel; and if we allow Princes but equal concerns for their Honour, this alone authenticates the War. They charge Him with Injustice, Dissimulation, and Piracy: They call His Courtiers a company of Stupid Fellows, and say, His Majesty can as little adhere to Reason, as with reasonable offers He will be satisfied. They say, That the War hath no other Prospect, than the Limits of an unlimited Ambition, endless Covetousness, and a Spirit of Revenge not to be glutted. That His Mind is misled and obnubilated with a desire of War, the most accursed and unruly of all desires. That His Declaration contains plain untruths, malicious interpretations, and gross impertinencies. That no Precedents of Violated Faith, out of any Chronicles can be produced, which in this case can parallel the example of the said King. These, and many other such like Passages, occur frequently in this Treatise: I should not have presumed to repeat them, but that I am confident they will be efficacious to animate All the Subjects of His Majesty to vindicate the Honour of their injured Prince, especially when they shall understand how undeservedly He is aspersed by these ignoble, ingrateful, arrogant and perfidious Netherlanders. Behold, how unfortunate His Majesty is to contend with a mean and ungenerous Adversary! How Civil and Princelike was the King of Great Britain in His Declaration! What was there that could exasperate, besides the Truth of his Allegations? Let any Man impartially consider the Motives whereupon His Majesty proceeds; let him forget himself a little while that he is a Subject, thereby to judge the better of the Actions of His Sovereign, and I am assured he will concur with me in opinion, That the present War with the Dutch, is Honourable, Just, and Necessary: And consequently, if His Majesty's loving Subjects do value, either their Allegiance to their King, (which is not to be doubted) or the Honour and Prosperity of the Nation, and of each particular Member thereof (all being involved in this contest, and depending upon the issue of it) they will unanimously assist His Majesty in the present juncture, as far as their Prayers, Lives, and Fortunes can advantage Him. I acknowledge myself to have been of the number of those, who by reason of their ignorance of private Negotiations, and the Real transactions of State; together with that Epidemical jealousy of Court-designs, did believe that this War was needless, and unseasonable: That it was projected by some Courtiers, and others, who sought to advantage themselves by the Public Calamities, or by Pensions from the Crown of France; that the Dutch were so humble and submissive, that it was our obstinacy to refuse all satisfaction, not any perverseness and pride in them so as to deny us any: I was jealous of the groweth of Popery, and thought it to be the interest of this Kingdom, not to weaken or destroy a Republic pretending to Protestancy, and for the erection whereof so many of our Progenitors had hazarded and lost their lives. I brought with me all those surmises and misapprehensions which any Netherlander or English Malcontent could wish infused into me: But when I came to a better intelligence concerning affairs; when I had seriously inquired into the Transactions betwixt the Dutch and Us, how condescending His Majesty had been, and with what insolence the Netherlanders had deported themselves; when I found the reality of His Majesty's pretensions, and that the Declaration was so penned, that the contents were capable of much higher aggravations, but no way to be extenuated or invalidated: Then did I begin detest the petulant humour of this age, whereby every one is prone to examine the actions, and censure the prudence of his Governors, without understanding the prospect those elevated spirits have concerning such affairs, or the grounds and circumstances by which they regulate their Councils; and most commonly We not being able to determine of matters, were every punctilio and intrigue represented unto us. I thought the times happy, when men employed themselves in other Discourses, and practised obedience, Ludovic. Molina. de justit. tract. 2. Disp. 112. Francis. à Victoria, Relect. 6. de jure Belli num. 25. A●●●sius de Cas. Conscient. l 5. c 33. sect. 17. Vir justus, si forte sub rege homine etiam sacrilego militet, rectè potest illo jubent● bellare, si, quod sibi jubetur, vel non esse contra Dei praeceptum certum est, vel utrum sit certum non est: 〈…〉 ut fortasse reum faciat regem iniquitas imperandi, innocentem autem militem ostendat ordo serv●●nd● S. A●gustin. contra Eaustum. rather than disputes: When they believed that prudent and solid doctrine of the Casuistical Divines: That it was only for the Counsell●rs of Kings to debate and examine the utility and prejudices, the justice and injustice of Wars; the other subjects not being to expect an ample account of all the Motives and Inducements by which their King is swayed, nor to be so infatuated, as to think they can debate or decide such matters, without any better cognisance than what ariseth from a vulgar Brain, a narrow prospect of things, and popular Reports and Suggestions: But to presume so well of their Superiors, as to imagine they understand what is right or wrong, honourable and dishonourable, advantageous and inutile; and that they have so much of common sense as to understand, that the welfare of the people is the grand interest of the Prince, and that the King is the greatest sufferer in the ruinating of his Kingdoms. To the end that others may be undeceived, as well as myself, and fortified against all misapprehensions, which either their own ignorance, or the clandestine Artifices of these ingrateful and most malicious Netherlanders may subject them unto, I shall represent unto the World, the most important passages, whereby they endeavour to elude or refute the most just and sincere Declaration of His Majesty, and evince unto the most suspicious or prejudicated Persons, that it is incumbent upon the Subjects of His Majesty, and there is an unavoidable necessity of reducing these insolent and treacherous Dutchmen into such a posture, as they may not only pay their due submissions (with reparations of honour) unto our King; but be obliged to continue them for the future. They are a Nation, with whom no League can take effect any longer than their advantage leads them thereunto, or want of strength and opportunity doth restrain them: It is impossible for any Civilian to fetter them by a Treaty: If they cannot evade it by equivocations, mental reservations, common elusions, and such artifices as become not Soveraigners; These Hollanders will impudently deny all such matters as enterfere with their designs, and supply the injustice of their actions by violence and fraud. They have no Honour to lose, no Conscience to slain, no certain Principles to recede from. The Tartars and Moors prove the sincerer Confederates, and Humanity itself is concerned, that there should not be any longer upon Earth so fatal an instance, that there are not in Men naturally such seeds of Morality, such inclinations to civil Society, such Laws of Nature and of Nations, as those Authors teach us who never thoroughly understood an Hollander. I might give evident proofs of this so heinous a charge several ways, but I shall confine my discourse to what these Dutch considerations lead me unto; and it is from thence, that I will manifest to the most ordinary capacities, and the most prepossessed judgements, that these Adversaries are not injured by this Character; and to make the case more plain, I will write their words. Considerations upon the present state of the Affairs of the United Netherlands. Published by a Lover of his Country, for the encouragement of his Countrymen in these troublesome times. WHosoever looks upon the first beginning of the State of the United Netherlands with a curious eye, and serious consideration of the Histories, and discreetly observes by what means the Fabric of the said State, out of the lowness of its original is raised to this present height, must needs be induced to confess, That Divine Providence (which not always appears visible to the eyes of the World) hath so clearly been manifested in the framing and exalting of this State, that with just Reasons it must be acknowledged, that God Almighty was the external and visible erector of this Famous Republic. An Age is now expired (when before the Country, through an unhappy Disorder of Government of those times, was fallen into a lamentable confusion) Orange's Navy, by a strict command from the Queen of England (who not only denied him liberty to stay in Her Country, but also refused to supply his Seamen with necessaries) constrained to leave England, arrived beyond his intentions, forced by cross Winds, but indeed the Winds of God's directions, before the Brill, of which He easily possessed himself, not with a design to keep, but only to ransack the same, and so to leave it again: But being informed by others of the convenience and importance of the place, brought the same into a posture of defence, keeping it for his Principals and Superior Commanders. And in this manner was the first Foundation of this precious structure laid, or rather, in regard of the External Instruments; cast up by chance, but, in verity, by the direction of the Supreme Builder, whose omnipotent hands oftentimes make use of Mortals, as the blind instruments of his wonderful destinies. It is not my design here to make a Relation of the progress of our Affairs, and by what means our Ancestors have through troubles and adversities struggled and ascended to the height of that felicity, which by God's goodness we enjoy at present: But my intentions only aim by this short discourse to move my worthy Country men to fix their assured confidence, that the same God which hath exalted us from lowness to a State, whose high and flourishing condition now for a long continuance of time hath stirred up as much Envy, as formerly its Misfortunes moved Compassion, shall graciously protect and preserve the Works of his Almighty hands, if, imitating our Predecessors, we in this juncture of time do join two principles together, which ever ought to be inseparable, viz. An entire resignation of ourselves to the Divine Providence, and, An unalterable mind, and vigorous courage in these troublesome times, to act as much for our preservation, as our Forefathers have done for their first Deliverance: Desiring my Countrymen, that in comparing our present Anxieties, with the Perplexities of our Ancestors, and the necessities under which we ourselves have laboured, they will look back in the Histories for the Primitive times of our Predecessors, and for that time within compass of their own remembrance, whereof still we preserve the memory. We shall find in the Histories, that the Affairs of our Predecessors, in their first progress and growing Infancy, were reduced to that inconvenience, that the consideration thereof moved the Supreme Person at that time, who with an indissoluble Bond had linked his own prosperity to the fate and destiny of these Countries, to urge this hopeless Advise, viz. To cause by cutting of the Banks▪ and pulling up the Sluices, these Lands to be swallowed down in an irrecoverable condition, and, with God's Mercy, with that small remainder of their ruinated Fortunes, to seek other Countries beyond Seas, there either to live more happily, or to find a period of their lives with less misery. I shall not blame the Considerer for reflecting upon the Mercies of God, extended towards his Country men. I commend the least sense of Religion in him, but I have most suspicious thoughts concerning Piety in an Hollander: And I believe every Englishman will approve this jealousy to be just, seeing, All this specious preamble is made use of to no other end, then to evade all acknowledgements to Queen Elizabeth, and the English Monarchy. It is not the pleasure of the Almighty, that subordinate means and instruments should be deprived of their proper Eulogies. He by his Providence appointed means; He by his Sovereign will, doth prosper or frustrate them; yet so that the divine interposition doth not usually derogate from the efficacy of second causes, or exclude us from confessing their concurrence. Whosoever shall reflect upon the Ambitious designs joined with the extraordinary power of Spain in those days: The intentions of that Monarchy to reduce the Belgic Provinces under a more absolute obedience than the Brabantine Constitutions consisted with; the obstinate humour of the Dutch in adhering to their Privileges, how irrational soever; Also the apprehensions which France, Germany and England, had concerning the excessive growth of the Spanish and Austrian power, such a Considerer will not admire so very much, that the rebellion of the United Netherlands did continue so long, and succeed so well; nor discover such an extraordinary series of providences in the erection of their Republic: And the most partial men must grant, that 'tis a most fallacious way of reasoning, to argue from the happiness of the event unto the justice of the cause, or peculiar favour of the divine Author: There is not any thing in this Dutch suggestion which might not have been more rationally alleged by a Goth, or Mahometan, since the juncture where in those Monarchies advanced themselves, was attended with less favourable circumstances than I can observe in the revolutions of the Netherlands: But I am confident no Goth, or Sarracen would have so entitled to God the original of their successes, as to exclude the intermediatt assistances which they received from others at any time. Such ingratitude is singular in the Netherlanders; and all this impudent harangue hath no other tendency, then to elude the obligations which that unworthy people have to Q. Elizabeth and the Royal Progenitors of His Majesty. Here is no mention made of any protection or aid given them by the English Queen; but one Action related, which as it seemingly carries with it somewhat of unkindness, so it is insinuated merely to this end, that they may alienate the people from a Reverence and regard for our Nation. It is not to be denied that Q. Elizabeth did contribute much to the first support of these Dutch, giving them reception here in England, when the fury of the D. of Alva enforced them as exiles to seek an habitation in foreign Countries: this most gracious Queen compassionated their miseries, and gave multitudes of them leave to fix at Norwich, A. E. M●●eran. Histor. Belg. l. 3. Carabden. Hist. Elizab. ad ann. 1568. Colchester, Sandwich, Maydstone, and Southampton A. D. 1568. Here the exiles had the advantage of a quiet life, and the opportunity of pursuing their designs in order to the regaining of their Country. Nor was it a small favour to the Prince of Orange and his Partisans, that when they were ready to sink under their losses in Friezeland and elsewhere, this Queen seized upon two hundred thousand Pistols of Gold, which were transporting from Spain to the D. of Alva; the detaining whereof as it was a great disappointment to the Duke (who stood in great need of it for the reinforcing of his designs) so it begat great animosities betwixt the Queen and Him, the Merchant's Ships on each side were seized upon, Letters of reprisal granted, and the English estranged from the Spanish Netherlands, by the translation of our Staple from Antwerp to Hambourgh. It is manifest that our Queen did by that action, and by the hostilities and contrivances of a new Trade, which ensued thereupon, contribute effectually to the fomenting of the Netherlandish discontents, the D. of Alva was diverted from prosecuting the Gheusians with his former violence, his subjects were exasperated by the damage of the English Trade, the English were (by the removal of our Staple) dis-engaged from all dependence on the Spaniards there by way of Commerce, and inclined to abett and assist the distressed followers of the Prince of Orange. And if the Dutch will not acknowledge these actions for a great assistance and courtesy to them, the Spanish Ambassador De-speci, in his Remonstrance said, they proceeded from some that bore no good will to the Spaniard, Cambden. Hist. Elizab. ad ann. 1569. and favoured the Rebels of the Netherlands. After this, the distressed Netherlanders betook themselves to practise piracy at Sea upon the Spaniards, under the command of the Prince of Orange, but were immediately under the conduct of William Earl Ʋander Marck and others, and the Queen (notwithstanding that She was resettled in a good correspondence and league with the Spaniards) did permit them by connivance, the free use of her Ports every where throughout England, A. ●. Meteraen. lib. 3. ad ann. 1571. E. G●imston. History of the netherlands, lib. 9 A. D. 1571. Franc. Ha●●●s Annal. ducum Braban●. ●om. 3. ad ann. 1572. so as that they provided themselves here with Victuals and Munition upon all occasions, and here they usually vended their prizes, which they took upon the Vly, Texel, and the Ems. By which means these exiles sustained themselves well (the Prince of Orange receiving the Tenths or Fifths of their Prizes,) gave much trouble to the Duke of Alva, continued those discontents in their partisans, which otherwise would, in all probability, have been extinguished, by reason of the power and terror of the Spaniards, and the weak and declined condition of the exiled Prince of Orange. I would willingly understand from any ingenuous persons, whether these actions did not highly contribute to the erection of this Republic; and might not as well have been thankfully acknowledged, as the subsequent decree of Queen Elizabeth is most ingratefully mentioned. Viz. That William Earl of Marck, Lord of Lumè, Admiral of the Prince of Orange 's Navy, was by a strict command from the Queen of England, denied liberty to stay in her Country, and also refused to supply his Seamen with necessaries; whereupon ensued the taking of Brill, as is specified—. The insinuation of this Edict is maliciously urged here, thereby to extenuate the favours of the English Nation: The Queen was engaged by Articles, not to entertain openly any Rebels unto the Crown of Spain; She could not harbour them any longer without a rupture with that potent Monarch; and She was unwilling to involve Herself in so great a War, for so weak Confederates. Whereupon She by a strict Proclamation did forbid them the use of Her Ports, and that Her subjects should sell them any Provisions, after a certain time, which was March. Whereupon they were necessitated to depart, and seek some other receptacle, and Providence cast them upon Brill. But had not the Queen harboured them, A. ●. M●teran. l. 3. ad An. 157●. Fr. H●●●●. ad An. 1572. How had they ever embodied themselves, or increased to the strength of Forty Sail of Ships, most of them Fly-boats, wherewith they possessed themselves of Brill, and took two rich Ships by the way? No sooner was Brill taken, but Flushing in Zealand, and some other Towns revolted to the Prince of Orange; yet were his forces so small (though joined with those of Ʋander Marck) as not to be able to subsist against the Spaniards; but that the Queen permitted multitudes of English to repair thither; The first that went, was Sir Thomas Morgan, Cambdens' History of Queen Elizabeth, ad An. 1572. A. E. Meteren. lib. 4. ad An. 1572. who carried over Three hundred Men to Flushing, the report of whose coming, is said to have stayed the D. of Alva, when he was in a readiness to recover that Town. Afterwards, through the procurement of Morgan, arrived there Nine Companies of English, under Sir Humphrey Gilbert. With these aids, and other Auxiliaries from France, though the Prince of Orange achieved great things, and reduced many Towns in Holland and Zealand unto his party, yet such was their distress, A. E. Met●ra●. ad An. 1575. E. Grimston: lib. 10. ad An. 1575. that An. Dom. 1575. they entered into a debate of putting themselves under the Protection of some Foreign Prince; least through want of Money, and of Soldiers, and also the fickle inclinations of a discontented populace, they should suddenly fall under the power of the Enemy. And in the name of the States of Holland and Zealand, and Prince of Orange, was an Embassy sent into England, to offer unto the Queen, not only what was agreeable to equity, reason, Fr. H●raeus add an. 1●75. Cambden hist. of Queen Elizabeth add an. 1575. and religion, but to the exigency of their condition, and what self preservation and extreme necessity prompted them unto. The Commission of the Ambassadors was, either to make a League with the Queen, or to submit themselves under her Protection; or (if necessity required it) to acknowledge her for their Princess and Sovereign Lady, issued from the Earls of Holland and Zealand, by the Lady Philip, Daughter to William the third of that Name, Earl of Henault and Holland, etc. The Queen thanked them for their good will towards her, but fearing the enmity of Spain, the envy of France, and the charge of the War; as also not being satisfied, how she might with her honour, and a safe conscience, receive those offered Provinces into her protection, much less possession, she declined the Overture, yet promised to intercede for them with Spain, and in the mean space gave them leave to raise what Soldiers they could in England, A. E. Meteran. lib. 5. ad an. 1575. E. Grimston. lib. 10. ad an. 1575. either from out of the English, Scots, or exiled Netherlanders, and to furnish themselves with what provisions and Ammunitien they wanted, and to transport them. Notwithstanding this transcendent favour of the Queen's, the ingrateful Zelanders the next year affronted her Majesty, and seized upon sundry of her Merchant's Ships upon various pretences, whereupon she was so incensed, A. E. Meteran. lib. 5. ad an. 1576. Cambden. Hist. of Q. Eliz. add an. 1576. that there had been an absolute difference betwixt them▪ had not the Prince of Orange prudently composed all. After this, when Don john became Governor of the Netherlan●●, and withal aspired to marry the Queen of Scots, A. E. Meteran. lib. 7. ad an. 1577. and render himself King of England, the Queen enters into a more strict League and confederacy with them, to aid them with men and money; and 'twas at her charge principally, Id ibid. lib. 8. ad an. 1578. Cambden ad an. 1578. that Prince Casimire came to their aid with a Germane Army: And out of England there went over the Seas to them, the Lord North's eldest Son, john North; the Lord Norris' second Son, john Norris; Henry Cavendish and Thomas Morgan Colonels, with very many Volunteers; and, after that the Germans mutinously deserted the States, Cambden ad an. 1579. the Queen furnished them readily with a great sum of money, the ancient Jewels and rich Plate of the House of Burgundy being 〈…〉ed unto her for it. After this, for several years the 〈…〉 erlands cast themselves under Archduke Matthia 〈…〉 Duke of Anjou, but with so ill success, Auraico principe Belgarum Gubernatore jam interfecto, multis urbbus ab hoste captis, & Fran●i●o auxilio, instinct● h●stium, negato, rebusque fe●e desperatis. A E. M●●●r●n. lib. 13. ad an. 1585. that they found themselves not able to continue long, Antwerp and sundry other places being taken, and William Prince of Orange murdered, the French King not being able or willing to receive the Sovereignty of those Provinces, so that they determined by a solemn Embassy to tender her Majesty the entire Dominion and Principality of the Netherlands: They had treated with her before by I. Ortelius about protection, Vide deduct. Ordin. Holland. West-Frisiaeq: etc. p. 228. edit. Leydnes. A. d. 1554. but the Queen refused to espouse their quarrel, except she might have cautionary Towns, that her expenses might be repaid at the end of the War. But now that the desperate condition of their Affairs made any terms to be prudential, Non sine metu in posterum, quem tunc praesens necessitas averterat. Glotius Annal. l. 5. they resolved to subject themselves unto her, or contract any League for protection which she would enjoin them. Upon the sixth of july 1585. their Deputies came to London, which were these. For Brabant (although, by reason of the Siege of Antwerp, not fully authorised) was sent jacques de Grise chief Bailiff of Bruges; A E. Meteran. lib. 13. ad an. 1585. E. Grimston l. 12. ad an. 1585. for Guelderland was Rutgert van Harsolt, Burgomaster of Harderwick; for Flanders (although likewise not fully authorised) Noel Charon, Signior of Schoonwall, Burgomaster of Franc, for Holland and Friesland, was john Ʋander Does, Lord of Noortwick; and joos Van Menin Counsellor of the Town of Dort, and john van Oldenbarnevelt Counsellor of the Town of Rotterdam; Doctor Francis Maelson, Counsellor of the Town of En●khuysen, for Zealand, was jacob Valck, a Civil Lawyer, and one of the Council of State: for Vtrecht, was Paul Buys Doctor; for Friesland, was jelgher van Seytzma, Counsellor of State; Hessel Aysma Precedent, and Laest joughema: They were kindly received by the Queen, and nobly feasted at her cost, upon the ninth of july they were brought to their Audience at Greenwich; the Audience was most solemn and public, the Queen being seated on her royal Throne, and all the Privy Council attending on each hand of her Majesty. The Deputies being introduced, fell upon their knees before the Throne of the Queen, and joos Van Menin, with great reverence and submission, made an Oration to her in the name of the Distressed States of the United Netherlands, unto this purpose. That the States of the United Netherlands Provinces humbly thanked her Majesty for the honourable and many Favours, The Dutch at their return, did coin Medails of Copper, in memory of this Audience, and the Protection which Queen Elizabeth afforded unto them. I received two of these from Elias Ashmole Esq Windsor Herald. which it had pleased her to show unto them amidst their extreme necessities, having not long since received the testimonies of her Princely clemency, when after the cruel Murder of the Prince of Orange, it pleased her Majesty, by her Ambassador Mr. Davidson, to signify unto them, the great care she had for their defence and preservation; and after that again by the Lord of Grise, by whom she let them understand, how much she was discontended to see them frustrated of their expectations. reposed upon the hope they had in the Treaty with France: adding, that, nevertheless, her Majesty's care for the support of the Netherlands, was rather augmented than diminished, by reason of the difficulties which multiplied upon them: For the which, not only the Provinces in general, but every particular person therein, should rest bound unto her Majesty for ever, and labour to repay so transcendent obligations by all pos●●ble fidelity and obedience. And therefore the Estates aforesaid, observing that since the death of the Prince of Orange, they had lost many of their Forts and good Towns, and that▪ for the defence of the said United Netherlands, they had great need of a Sovereign Prince, who might protect and defend them from the insolences and oppressions of the Spaniards, and their Adherents, who sought daily more and more all the means they could, with their Forces and other sinister Practices, to spoil and utterly root up the foundation of the aforesaid Netherlands, and thereby to bring the ●oor afflicted people of the same into perpetual bondage, and worse than Indian slavery, under the insupportable yoke of the most exeerable Inquisition. Finding likewise, that the Inhabitants of the said Netherlands were persuaded, and had assured confidence, that her Majesty out of her Princely inclination, would not endure to see them utterly overthrown, as their Enemies expected by molesting them with long, unjust, and bloody Wars, the which the Estates (according to their duties, and in respect of their places, in the behalf of their Fellows and Brethren) were forced to withstand, and, as much as in them lay, oppose themselves against the manifest slavery, which they thought to impose upon the poor Common-people, and by their best endeavours ●o maintain their ancient Freedoms, Laws, and Privileges, with the exercise of the true Christian Religion (whereof her Majesty truly and by good right did bear the Title of Defendress) against the which the Enemy and all his Adherents had f●rmed so many Leagues, attempted so many fearful and deceitful Enterprises and Treasons, and yet cease not daily to invent, practice, and devise the destruction of her Majesty's Royal Person, together with her Estate and Kingdoms; which the Almighty God under the protection of his everlasting goodness, hitherto hath preserved from all dangers for the good and upholding of the Church of Christ here upon earth. For these reasons, and many other good considerations, the Estates aforesaid, with one full and free consent, had altogether determined, and fully resolved to fly unto her Majesty, in regard it is an usual thing for all oppressed and distressed people and Nations, in their great distress and necessity to seek just aid and assistance against their Enemies, from Kings and Princes their Neighbours, and especially from those that were endued with courage, fear of God, uprightness of heart, and other Princely Ornaments: and to that end, the Estates aforesaid had enjoined and commanded them to beseech her Majesty to accept of the Sovereignty and Supreme Dominion over the said United Provinces, upon certain and reasonable Conditions, especially tending to the upholding, maintaining, and furtherance of God's true Religion, and the ancient Freedoms and Privileges to them due and belonging, together with the government and managing of the Wars, Policy, and justice of the said United Provinces of the Netherlands. And although the said Netherlands had endured divers losses, and that many of their Towns and Forts had been won from them by the Enemy, during these Wars: nevertheless in Brabant, Guelderland, Flanders, Macklin, and Overissel, there were yet many good Towns and places that held out against the Enemy, and the Provinces of Holland, Zealand, Utrecht, and Frizland, were by Gods-grace and wonderful providence still kept and preserved in their whole and entire possessions, wherein they W Sherwin sculpt had many great and strong Towns and Places-fair Rivers, Deeps & havens, whereof her Majesty and her successors, might have good Commodities, Services, and Profit, whereof it were needless to make any longer discourse; but one in special, That by Uniting the Countries of Holland, Zealand, Utrecht, and Frizland, the Towns of Ostend and Seluse, unto her Majesty's Kingdoms and Dominions, she might have the full and absolute Dominion over the great Ocean, and procure unto the subjects of her Majesty perpetual and most assured safe●y together with their prosperity. They did therefore most humbly beseech her Royal Majesty to vouchsafe, out of her Royal favour and Princely bounty, to yield to the foresaid points of their Request, and so to accept for her, and her lawful Heirs, or Successors in the Crown of England, Defenders of the true Christian Religion, the Sovereign Rights, Principality, and Dominion of the said Netherlands; and in regard thereof to reecive the Inhabitants thereof, as her Majesty's most humble and obedient Subjects and Vassals, into her perpetual Safeguard and Protection: a People as true, faithful, and loving to their Princes and Governors (without vai● boasting be it spoken) as any other in Christendom. And so doing, she should preserve and protect many fair Churches, which it had pleased Almighty God in these latter days, to gather together in several of the said Provinces, being now in many places, being now in great fear, peril, and danger: and to deliver the Netherlands and the Inhabitants thereof from miserable thraldom, who (not long before the wicked and hostile Invasions of the Spaniards) were so rich and flourishing in all sorts of wealth, by reason of the great Commodities of the Sea, Havens, Rivers, Traffic, manual Trades and Occupations, whereunto they are much given, and naturally inclined. She should likewise preserve them from utter destruction and perpetual slavery both of Body and Soul, and so effect a right Princely and most Royal work pleasing to God, profitable for all Christendom, worthy of eternal praise and glory, and sitting well with the Magnanimity ●●d other Royal Virtues of her Majesty, as also most advantageous to the security and welfare of her particular Subjects. This being said, They presented their Articles unto her Majesty with the greatest humility imaginable; beseeching God, who is the King of Kings, to defend, protect, and preserve her from all her Enemies, to the increase of her Honour and Greatness, and perpetually to keep her in his holy protection and safeguard. The Queen heard them graciously, and received their Overtures with very obliging acknowledgements; the Deputies, kissing her Royal hands, retired with much satisfaction, and her Majesty was no less pleased with the honour of that day's Audience: For albeit that the King of France had the first tender of their Sovereignty, yet neither was it made with such submission and deference as to her Majesty, neither was the tender so absolute then as now; The Deputies to France were sent indeed with a general pretence and declaration of surrendering up the Dominion of the Netherlands to that Crown, but they had separate instructions from their several Principals (the which they never imparted one to the other, but kept secret) with different procurations. The Deputies of Brabant, De●●a●a● O●d●●. H●lland. & We●● 〈…〉 der. ●dit. A. D. 1651. post 1. cap. ●. 〈…〉 Flanders, Zealand, and M●chlin, were enjoined to finish the Negotiation upon any terms they could get, so as that Religion and general privileges were confirmed unto them: Whereas Holland and Vtrecht had so limited their Deputies, that they were to insist upon better terms, and rather not to come up to the general Instructions of the States, I●● ca 5. sect. 22.28. Cum 〈…〉 lustris, illa legatio ex singulis Provinciis, 〈…〉 1●85. institueretur, ut Regi Galliarum sum● 'em Belgii offerretu● Imporium, Provinciae Br●●antiae, Geltriae, Flandriae, Zeland●ae, Me●hliniae, suis delegatis, mandato suarum provinciarum, atque particulari instructione injunxerant, ut multo liberaliorem quam à foede●at 〈…〉 constitutum e●at 〈…〉, Regi offerrent: 〈…〉 vice versa Hollandia & 〈…〉 Deputatis hoc mandaverant, ut 〈…〉 liberales ess●nt 〈…〉 conditioni● 〈…〉 foederatis visum 〈…〉— Geldri, Zelandi●● except religione & 〈…〉; omnia Regi Galliae 〈…〉, quo fac●●●s pax expediri posset, 〈…〉 proceres 〈…〉 obligallent, jure 〈…〉 se non usuros esse. than to exceed them. I do not read of any such difference in the Procurations sent over hither, neither do I find any reason to believe there were any such: the Queen for several weighty reasons, declined to take upon Her the Sovereignty or perpetual protection of the Netherlands; yet did She consent to enter into a League with them, to aid them with 5000 Foot and 1000 Horse, and to pay them during the War; which the Estates were to repay, when a peace should be concluded. In the mean time Flyssing, and the Castle of Ramm●kins in Waleherens, A. E. M●terin. lib. 13. ad an. 1585. E Granston l. 12. ad an. 1555. and the Isle of Brill, with the City and two Forts, were to be delivered into the Queen's hands, to be kept by her Garrisons for caution. The Governor General, and two Englishmen, whom the Queen should name, should be admitted into the Council of Estates, etc. The confederacy was finished upon the tenth of August; and accordingly Sir john Norris was sent over with some Soldiers. The Earl of Leicester followed as General of her Majesty's Forces: The Netherlanders received him with more honour, and conferred on him more power than the Queen approved of. They made him General of all their Forces, State-Holder and Governor of all their Provinces, invested him with all that power which Charleses V. used to commission his Governors with. The Queen reproved the Earl of Leicester for accepting of such power, and the States for giving it to him. But the Earl soon found himself deceived by these Netherlanders, for, notwithstanding that they had chosen him to be their Governor in so solemn a manner, and sworn, themselves, and the Soldiers, obedience to him, yet they pretend to rule him, model sometimes, sometimes oppose his Orders and Constitutions. Insomuch that the Earl found that he should have but a Titular Government, being subject to the Commands and Authority of those pitiful States and ordinary Burgomasters; whereupon he relinquished the Government, proclaiming (even in Medails) the Ingratitude of those Fellows. Let them make what complaints they please against his deportment there; it is certain, that All the Clergy adhered unto him, Nunquid non Hollando●●●, Zelandor unique 〈…〉 & prudentia, Deo 〈…〉; vi 〈…〉 Ordin. 〈…〉. part 2. 〈…〉, 6. 9●2. and regretted his departure: The Soldiers did mutiny in his behalf; Vtrecht and Frizland (besides other Provinces and Towns) did solicit for his return: and I find that all the clamour against that Earl did arise from the Province of Holland, and some Zelanders only; as they themselves boast in a Remonstrance against the other Provinces. To invalidate that Power, which they had so publicly given him, Holland, a Province always branded for Faction and Ingratitude, having advantaged themselves much by the credit of the assistance, more by the Auxiliaries of the English, began to think it unfitting, that (according to the Articles) the English should be privy to the secret transactions of the Council of State, and by the advice of Oldenbarnvelt, they found out an Evasion, not daring openly to violate the Treaty, nor to infuse jealousy into the Queen, by holding Clandestine Cabals; and 'twas this: that only ordinary matters, and such as the English might know, should be dispatched in the Council of State; but that another Assembly should be form, Disquisitione; politic. Hag●e com●●▪ edit. 3. A. D. 1655. Cas. 21. termed the Convention of the State's General, unto which they should draw all matters of importance, and which required secrecy, under the pretence that the Council of State had so much business already, as not to be able to dispatch the other. Thus early did they abuse the favours of Queen Elizabeth, and by this illusion did they lay the foundation of their H●●h and Mighties. It is evident, that during the whole Reign of Queen Elizabeth, they were never faithful to the League; they treated with France, and aided that King, without the Queen's knowledge, which was a breach of the League. And whereas by the express words of the Articles, The Queen was to conduct them to, and settle them in a firm Peace; and this being done by her mean●, the money was to be repaid: She never could prevail with them to come to a Treaty, much less any accord, but they had the impudence to solicit her to continue her aids to a War which they never purposed to end, it proving so beneficial to them. When the Queen urged, that by the Treaty, she was to be Arbitress of War and Peace: they evaded it by saying, those expressions were but Complimental, Conceptum quidem sie erat, sed verba ●●neri data. Grotius hist. Belgic. l. 5. and argued their respects to her, not their dependence on her judgement. I find them upon their knees again, and beseeching her m●st humbly, that she would not conclude a Peace with Spain, A. D. 1598. And this Grotius saith was done, Qui Angliam ierant Legati, flexo genu in morem ei ●s regiae, c●m priorum gratias lib●●r●liter egissent— Grotius hist. l. 7. because it is the custom of the English Court to petition the King in that suppliant posture: but certainly this usage extends not to the Ambassadors of their High and Mighties. But, in the same year, when they thought that Queen Elizabeth might stand in some need of their friendship, Auda●iam usurpantes ant●hac formidatam, se●m●nem ita instituerent. Grotius hist. l. 7. whether they bended their knees unto her Majesty, I cannot find, but I read that they dealt with Her, not as formerly, but with more arrogant language. Id primores Angli ita interpretabantur: nihil iniquius quam fraudare reginam credito, modò per cavillationes, modò per falsas preces, quas pala●● urbium opalentia, & ad largiriones usque sufficiens ararium refellere●t. Grotius hist. l. 7. The English Court did then look upon the Hollanders as notorious Cheats, who pretended poverty, and had Collections here, when the splendour and growing opulency of their Towns (besides the vast Bribes which their Treasury could spare occasionally) were demonstrations of their Riches: that they declined to repay the Queen her moneys, not because they could not do it, but that they might tie her unto their fortune and assistance, by the hopes of a reimbursement of those vast Sums which She had expended for them: Her constant Charge being above one hundred and twenty thousand pounds each year: Cambden ad an. 1598. and it is not to be doubted, but that She would have reduced them by force to a better observance of Articles, and punished them for their fraudulent dealings with Her, but that She prudently foresaw that France to depress Her, and Spain, to ruin Her and disable France, were ready to assist and protect them. In fine, the Histories I have read do seem to demonstrate this, that the Dutch were a most ingrateful people towards Queen Elizabeth, that they never rendered her any Service▪ but when it was to their proper advantage: all their pretensions to Religion contained little of reality, and their acknowledgements were but verbal, and consisted principally in extraordinary submission and deference, which prevailed much upon the spirit of Her, who was a Woman, and had much of Haugtiness. When she first undertook publicly to aid them, the chief inducement thereunto was not the Necessity of her Affairs, not the concern for the Protestant Religion (for She advised them to be very cautious, how they changed their Religion) but a Feminine Humour carried away by their flatteries and humble applications, Monen▪ ne Romanae religionis poss●ssionem temere moverent. Grotius hist. l. 3. and delighting to see greater submissions paid to Her, than to the King of France, by the King of Spain's Subjects. No sooner had She concluded upon an open amity with them, but the Zelanders triumphing with joy (and to honour Her) did stamp money with the Arms of Zealand, A. E. Meteran. l. ●3▪ ad an. 1385 Cambden, ad an. 1585. Franc Harae●● annal. ad an. 1585.▪ viz. a Lion arising out of the waves, and this inscription, Luctor & emergo, that is, I struggle and get above water, and on the other side, with the Arms of the Cities of Zealand, and this, Authore Dec, savente Regina, that is, God being the Author, and the Queen Favourer: and I find it to have been an usual form of speech amongst the Dutch in that Age, which they applied to all discourses where it might be suitable, By the Mercy of God, and the Goodness of Queen Elizabeth: Cambden ad▪ an 1385. and by such Wheedles did they inveigle the Queen to take (as the King of Sweden then said) the Diadem from her head, and set it upon the doubtful chance of War. And it is an action not to be paralleled out of the Annals of impudent and Ungrateful persons, that the Dutch having been so effectually obliged by that Queen, and having by such a continued series of protestations averred, that they did owe their welfare and being to the Mercy of God and Favour of Queen Elizabeth, they should now take no notice, that the English contributed any thing to their support: So detestable baseness doth make me judge, that If it were not their Interest, Their Religion is such, that Th●y would proceed to ascribe nothing unto God himself: and all they write to that purpose, is no more than a Compliment from their High and Mighties to the Almighty. We shall on it to relate how often the Republic (after that by the hand of God she was raised from that desperate condition) hath trembled and quaked both for fear of Foreign Enemies, and Intestine combustions. Histories will declare unto us, that not only the State of the united Provinces, but all the Netherlands, which together (but not with a strict obligation) were tied, were sufficiently plunged into the extremest inconveniences by the perfidiousness of the Duke of Anjou, brother to the King of France: And that afterwards the United Provinces were brought into a deplorable disorder, and beyond all posture of defence, by the craft and ambitious designs of the Earl of Leicester, sent hither by Queen Elizabeth for our protection. I have already spoken concerning the Earl of Leicester, and their ingratitude towards him: the French do form the like charge against them in behalf of the Duke of Anjou, that they violated their agreements with him, gave him only an empty Title, but reserving and drawing all the power into their own hands: the sense of which indignity (considering that He was a Brother of France, and had brought them powerful succours in their distress) made him take the courses specified. And it is observable, that in all th●se and other emergencies, where the Dutch are branded for their Ingratitude, Perfidiousness, and unworthy Dealings, the particular Province of Holland is always the sole Author, or principal occasion. Whereof they themselves boastingly give a relation in their Manifest published at Leyden 1654. It is thence that I derive my Intelligence, Ideò A●chidux Matthias Belgii imperio admotus, cum quo inscio principe contraxerant, ut nimia principis autoritas elideretur Declare. ordin. Holland, part. 2. cap. 3. sect. 9 that the Infant States, being jealous of the Power and Popularity of William Prince of Orange, did without ever acquainting him therewith, invite the Archduke Mathias to be their Governor. And it is there that I read of a great peril that Holland▪ etc. was in, and how they were delivered from it, the which our Considerer might have seasonably inserted here, as well as the rest, viz. The States of Holland, Zealand, and Vtrecht were determined to make Prince William Earl of Holland with all the Prerogatives heretofore enjoyed by such Earls: and though Amsterdam, Gouda, and some other Towns dissented, yet were they resolved to pursue their intentions: Deus oped. max●●●plon subditos nouà subjectione, in quam praecipites f●rebantur, exemit Declare. or●in Holland. part 2. cap. 1. sect. 20. but the Prince was assassinated a month before the Instalment could be effected; and God most providentially did thereby free the Subjects o● Holland from that subjection into which they were running precipitously. There cannot be a greater testimony of the degeneracy of this Age, in which such Ingratitude is publicly avowed and authenticated by a solemn declaration of the States of Holland and West-Frizlan●, & the most infamous actions in the world (and such as would create a blush in the countenances of any men but Hollanders) are recited as the most glorious. O●dines Urbis Groni●ga atque Ommeland●ae, stastim post mo●te ● Principis Guliel●●, novissi●● defuncti, 〈…〉 ejus dignitatibus omnibus privarunt— In Fris●a linea illa usque ad hod●ernum d●em Seclusa permane●. ibid. part 2. cap. 6. sect. 14.16.11. 'Tis there that I read, how the States of Groninghen and Ommeland, immediately upon the Murder of Prince William, did deprive his Son, Grave Maurice, of all his Dignities, Honours, and Emoluments in their Province, and never admitted any of that Line to be their Governor unto this day. 'Tis there that I read a defence of their secluding the Prince of Orange from being State-holder, or Admiral, or General of the Forces of the United Provinces (a separate Article which Holland concluded part 2. cap. 6. with Cromwell) wherein they extenuate and deny any obligations they have to the whole House of Orange; and therefore they might, without breach of Morality and Civility, proceed as they did. I confess I was amazed to read such things, and wondered not that Queen Elizabeth and our English Kings meet with so much unmoral usage amongst these Hollanders, since Prince William and his Heirs are thus entreated: and whilst others behold the Dutch as Protestants and Christians, I cannot but rank them amongst the worst of mankind, not to be paralleled by any known race of Pagans and Savages. We will likewise pass by in silence the relating of those passages, of which many of Us have been living Witnesses, as when the whole Country, 〈…〉 a sudden Invasion on the Veluwe, and the taking of Amerford, was in the like manner alarmed, as Rome when Hannibal appeared before her Gates. This Invasion happened Anno Dom. 1629. The Spaniards joining their Forces with those of the Emperor under Montecuculi, This is largely described by D. Heinsius, in his Siege of ●ois le Du●. did make the said irruption, and surprised Amerford, being already Masters of Wesel. All Holland was affrighted, and their High and Mighties forsook the Hague to fit at Vtrecht. The recent memory hereof might suggest unto the Hollanders more of moderation in their deportment, since they are no more assured of their good Fortune, than the World is of their good Manners. I could not but compassionate the distress of old Rome, the memory whereof this passage renewed; and I wished that victorious Monte●u●●●i had prevented our Prince and the King of France in the reducing of Holland, whose baseness represents them to have a greater affinity with Carthage than Rome, and the Belgie Faith imports as much of Treachery as ever did the Punic. And forasmuch as comes within the re●ch of our own Memories, we have yet fresh remembrances of the War with the Lord Protector Cromwell, into which by a certain destiny, and an interest beyond interest, we were drawn, at a time when the Nation, for want of Ships and Guns, was reduced to a perplexity, the thought whereof we cannot entertain without grief, and alteration in our hearts. All that are acquainted with the transactions of that War, do well know that the Dutch began their preparations for that War long before the English apprehended it: they ordered 150 Ships to be equipped out, and beat up their Drums for Volunteers to man them, amusing the English with a Declaration, that this was done to secure the Commerce; so that no preparations extraordinary were then set on foot in England: and whilst they were in League with this Nation, and in the midst of a Treaty for a stricter Alliance, their Admiral most perfidiously comes into Dover road, with an intent to destroy the English Navy, and ascertain thereby to his Masters the Dominion of the Sea. I more willingly mention these things, because they are an instance to some people, not only of the perfidiousness of the Dutch, but of the equity of his Majesty's present quarrel: This is expressed in the Declaration of the pretended Commonwealth: a●d they determined to assert the right of the Fig, not only as an Honourable salute, but as a testimony of their undoubted right and dominion upon the neighbouring Seas. for that War, was grounded upon the striking of the Flag, and the Dominion of the Seas: and it is apparent Faction, not any colourable reason which can sway any man that approved of that War to condemn this. It is also an instance, that the present quarrel of the Dutch is not with His Majesty, His Royal Highness, and the Court, but with the Nation. In other cases it is irrational and imprudent to distinguish betwixt the Political and private Capacity of our King; but in this they are so inseparable, that the interest of the People, King, and Court are all one, and equally concerned in the evil success of our Fleet: and were we (by a detestable fiction) deprived of the King and Court, the Controversy would still remain betwixt the Dutch and the unhappy survivors in England. It was not the want of force at that time which occasioned the misfortunes of the Hollanders, but the Courage and Valour of the English: and what may we not (under God) promise ourselves from the same persons now, who, besides the sense of their past Victories, have this further incitement, that they fight under their lawful Prince, (a Prince so just and generous) and the auspicious Conduct of his Royal Highness. Through all these difficulties, and innumerable others, we have, by the mercies of God, waded, and would have wished with all our souls by a long continued Unity (the true and innocent Interest of our Peace-coveting Republic) to have tasted the ●ruits of our sharp labours and dangers; but it hath pleased God to order and dispose it otherwise, These expressions argue fear in the Authors: and it ought to add to the courage of the English, that besides the terrors of an evil Conscience, and the apprehensions of divine vengeance for their present perfidy, and former Barbarities to the murdered and ruinated English; they are also sensible of the puissance of their Enemies, now in conjunction against them. who by his just and adorable judgements forceth us to acknowledge that we now (as much as ever) stand in need of his powerful protection, since we find ourselves at this present time, encompassed with a necessity to oppose the extremest assaults of the greatest Forces of Europe, with a power which indeed is inconsiderable in comparison of that of our Enemies, by which yet (how weak soever) we da not despair to defend and secure ourselves; strengthened with hopes that God shall please to look upon the Equity of our innocent case, with the eyes of his justice, and our sins and defects with the eyes of his mercy. And, in truth, if ever the Sword is drawn in time of necessity, and for innocent defence of our dear Country; it is at this present, in which it seems the Grandees of this world, have in the counsel of the power of darkness, concluded the ruin and destruction of the United Netherlands, assuming to their associates, all such as value Christian blood, no more than that of Sheep and Goats, delighting their eyes with the devastation of Countries and Cities, even as if they beheld Comedies. Wise people do frequently look back upon things passed, and by comparing those with the present Transactions, they from thence form unto themselves Documents and Rules whereby to regulate their deportment: If our Enemies, the Hollanders, had amongst the difficulties through which they have waded, called to mind the meaness of their own condition when they sought refuge here, and when Queen Elizabeth supported them, the Vicinity, Strength, and Generosity of the English Nation, the candour and sincerity which hath been constantly expressed unto them by the Royal Ancestors of his Majesty, whilst they favoured these infamous Netherlanders. Had they considered the vicissitudes of Fortune, how great and unexpected they are; the dangers of growing too puissant, though the foundation of Grandeur be not laid in the wronging and depressing of others; that 'tis requisite for them who advance themselves by fraudulent means, and the injuries of others, to retain some firm Allies, and by the repute of their sincerity, to some, efface the ignominy, and allay the odium which their perfidiousness to others would create them. Had they assumed such thoughts as these, they had never contracted so universal an enmity as they are now in danger to sink under. Their condition is altogether like that of the Earl of S. Paul, who having enriched and advantaged himself by a constant practice of Treachery to the Kings of England and France, and the Duke of Burgundy, none of them being safe from his machinations, nor being able to rely upon any promises of his, how solemn and sacred soever, they all together resolved to establish the common tranquillity by the ruin of that perfidious man. And when the City of Venice had by several arti●●c●s aggrandized herself, and encroached upon the Dominions of sundry Princes; the Emperor, French King, Pope, and others did all join against that Republic (which by so many practices in raising and fomenting of the Divisions and Wars of Italy, breaking of former, and entering into new Leagues, as advantage, not right, did excite them) and deprived the Venetians of all they held in the Terra firma. It is in vain for the Considerer to justify the present War unto his Countrymen, by urging Necessity and Innocent defence of themselves: How specious soever those pleas are, they avail not in this case, because, they by the manifold injuries and contumel●es done to the K. of England have provoked him to attack them, and created to themselves this Necessity of Warring; nor is their Defence innocent, because it includes a Defence of the most barbarous Criminals against all Laws divine and humane: And certainly if ever any War was justified by the Laws of Nature and Nations, if self-preservation, the protection of injured Subjects, vindication of Rights, revenge of great Injuries and Indignities, be just motives to commence a quarrel (as each one of them is) never was any Prince more wronged than his Majesty is, The depositions of their cruelties against his Majesty's Subjects in the East-Indies, Guinny, and other places, are to be seen in the Regis●●●s Office of the High 〈…〉 of Almiralty ●●pt at Doctor's Commons. when the glory of his present actings is extenuated or soiled by any charge of injustice; nor do I find amongst his Associates any such as value Christian blood no more than that of Sheep and Goats; but I find He hath for Enemies those that so tightly tormented and so barbarously put to death the English at Amboyna, and by a thousand actions no less cruel have testified their little regard to Christian blood. The Considerer, that he might evince the Equity of their Cause, pretends to deduce its original: the sum of his prolix discourse is this. That the King of France urging his pretensions on a considerable part of the Spanish Netherlands, in right of his Queen to whom they were devolved: The United Netherlands moved by a Peace-loving inclination, and apprehension of a terrible Neighbour, d●d endeavour to extinguish the sury of that War, whose flames they fea●ed would not only consume the adjacent Countries, but also scorch the more remote places: and to that end they associated Counsels with the Kings of Great Britain and Sweden, and jointly concluded a Triple Alliance betwixt themselves, by which they ●ave mutually obliged each other to promote the peace betwixt France and Spain on the terms and proffers of the Alternative, and by the same peace to secure the quiet and tranquillity of Christendom: promising each to other, for further confirmation of the said Triple League, That betwixt them always should be, and continue a Sincere Unity, and serious correspondence from their hearts; and in good faith to advance each others profits, utility and dignity, and whatsoever should oppose itself thereunto with their best endeavours to reprove: and if at any time it should happen, that this their amicable intention should meet with a wrong interpretation, and by chance an untimely revenge of War by any of the said Parties, or any others on their behalf, should be offered to any of them Confederated, that in such case they should faithfully assist one another. This is the substance of the Triple Alliance: After which he adds, That the King, the King of England, is sensible in his own Conscience (though with words he dissembles, and disowns the knowledge thereof) that by reason of the Triple Alliance, the Dutch are menaced with a War from France, and that, whatsoever the most Christian King pretends this is the true reason of his designs, and which he hath plainly discovered in all Courts, and is no more than He threatened them with at first, in case they ratified the Triple League. And therefore by virtue of this Triple League the King of England owes the Dutch an unconfined aid; As also limited succours of forty Ships of War, six thousand Foot, and four hundred Horse, by ver●ue of the Defensive Articles concluded in 16●8. To which his Majesty is eb●iged, If their High and Mighties be attaqued by any Prince, or State, on what pretext soever. The King of England being under these obligations, and being or imulated by Ambition, Avarice, and an insatiable thirst after blood, determined to take the opportunity of this juncture (wherein the most potent King of France did threaten the Dutch with a terrible War) to pursue his unchristian designs, and to disengage himself the better from all obligations of Aid to the Dutch, doth of himself previously begin a War, and with a specious Declaration, palliates and dissembles his foul and malicious designs. This is the entire substance of what the Considerer tediously doth insist upon, and is the sole foundation whereupon he proceeds to justify the Dutch, and with all possible aggravations of Language bespatters the King of England, as if no Chronicles ever produced such a precedent of violated Faith, as his Majesty doth now give an Example of. I do confess that nothing ought to be more sacred, than the word and faith of Princes: That War is the last of remedies whereunto they ought to have recourse, and which ought not to be commenced, but upon just, honourable, and necessary grounds: I do acknowledge the tenor of the Triple League, and the Defensive Alliance. But I do avow that his Majesty is no way concerned in the violation of them; Nor is the Allegation of them pertinent to the present quarrel: and of all the futile pretexts, which I have read of in History, this is the worst whereon the Dutch do bottom themselves. The Triple League doth no way interest his Majesty in their defence; For it doth not appear that the most Christian King doth invade them ●or entering into it: There is no Authentic Declaration or Testimony, that this is the motive which prevails with Him to undertake this Enterprise: The Secrets of his mind are known only to himself, and to the searcher of all hearts: It is not for Men to proceed upon conjectures and surmises (which ofttimes prove vain and false) as if they were certain Truths; nor can any Prince be obliged indeterminately, (and such is the present unreasonable plea of these Hollanders) where the condition of the aid to be given, Obstrictio in quibusdam videtur à caeteris linerare Et locus s●biectus certis pactis & conditionibus, in c●eris manet liber. Et qui se subjecit in quibusdam, videt●r se se●valle in relics liberum. Albe●us Gentilis de jure belii, lib. 1. cap. 11. is particularly specified, viz. If it should happen that this their Amicable intention should meet with a wrong interpretation, and by chance an untimely revenge of War by any of the said Parties, or any others on their behalf should be offered to any of them confederated, that in such case they should faithfully assist one another. Can there be any thing more clear, than that the aid to be given is suspended upon this one circumstance, that the Triple Alliance should fall under a wrong interpretation, and that thereupon the party demanding the Aid, should be attacked by a revengeful War? How doth it appear that the entering into the Triple Alliance is misinterpreted, since it doth not appear that his Christian Majesty did ever debate it, much less declare himself therein? How doth it appear that He plainly discovered this sentiment by his Ministers in all Courts, since it doth not appear that He gave them private or public instructions to say so? Must a Prince answer for every expression, or every particular action of his Ambassador? Can there be no other cause but this found out why the King of France should attack the Dutch? Cannot we imagine, that the French retain a secret and inveterate desire of revenge for the notorious perfidy of the State's General, when they concluded a Peace with Spain, without mentioning the Crown of France, or having any regard to the French Interest? Or, is it not possible for the Christian King to make War upon them without a cause? or merely for enlargement of Empire? Or for other concealed reasons, or unknown indignities? What pregnant proof, or legal presumptions do the Dutch allege then, that This is the cause of the present War? And with what impudence do they upbraid our King, as if the thing were so, and He knew it in his conscience, to be so, when as the Considerer himself in the Conclusion of his Treatise, says it is not so? viz. I shall hint at nothing else in the King of France's Declaration, but that it appears visible therein, that the War of that high renowned King proceeds from nothing else but a form design to enlarge the limits of his Territories as far as his ambition is extended; yet that we hope that God Almighty shall by the same hand, by which he hath hitherto preserved us, confound the designs of the King— I doubt not but hereby it is manifest, that His Majesty is no way concerned by the Triple League to assist the United Netherlands in this juncture: and even so the Swedes, by their indifference, show how much they approve of the judgement of his Majesty: and no man can say otherwise, but such as either regard not what they speak, or else take the freedom to surmise, and aver, whatsoever is for their Interest. I come now to the Defensive Alliance, whereby his Majesty A. D. 1668. did oblige himself unto that State, to give them an assistance (if attacked by any Prince or State on what pretence soever) of forty ships of War, six thousand foot; and four hundred Horse, upon promise, three years after the expiration of the War, to be reimbursed of the charges of the said succour. But neither is this Alliance of any more validity at present than the other: It is the common opinion of the Civil Lawyers, and Reason itself dictates it, Qui promittit non offendere, is subintelligit exceptionem, Nisi causa superveniat; nisi culpa accesserit ejus, cui promissio ista fit, & pactio ●oederis; Rebus sic stantibus. Alber. Gentilis de jure belli, lib. 3. cap. 24. Grotius de jure belli, lib. 3. cap. 20 sect. 2●. Zouche de jure faeciali, part 2. sect. 9 qu. An provo●ato, pacto pacis contravenire licet? that, In all Articles and Treaties for peace, there is this exception to be supposed in the Contractors; Unless some new cause intervene: Unless it be by the default of him with whom the League and compact is made: or, Affairs continuing in the same posture and state, in which they were at the time of the contract. And that saying of Vlpianus and Pomponius concerning private compacts, viz. That an agreement is not violated, from which a man recedes upon a just reason and motive; this by Interpreters is extended to National Leagues betwixt Princes and States. This being supposed, It remains that we inquire, Albericus Gentilis ubi supra. Et Zouch. ibid. Pactum pa●is, inquit, Grotius, admittit, ut si nova causa subsit, vis bellica inferatur, quae si probabiliter afferri potest, satius est injustitiam sine perfidiâ, quam cum perfidiâ admissam credi. Vide Grotium loco citato. whether the King of England had any new cause or provocation given him? For, if such a matter do appear to have happened, though it be slight, nay disputable, yet is his Majesty absolved from breach of Faith, though not altogether from the imputation of injustice: But if the provocation be weighty, and of high importance, nothing can be more legitimate than the present rupture which his Majesty hath made with the Dutch. I would willingly know, if any Englishman can think that his Majesty could be obliged to this Defensive Alliance, without any regard to the Peace concluded upon at Breda, that is, without any supposition, that he was in 1668. in any terms of Amity with these Netherlanders: If this be unimaginable, than it is apparent, that the observation of these Articles, on his Majesty's part, depends upon the observation of the precedent peace, on the part of the Dutch. His Majesty never contracted this League with them, so as to derogate from that, and to tie himself up to the Assistance of the Dutch, Si conditio quaedam, quâ societas coitur, socio non praestatur; vel si e● re f●ui non liceat, cujus grati● societas ●it inita: rationem habet renunciatio societatis. Et ergo videtur, quod si in uno non fiat sati● societati, discedi ab omni societate possit. Alber. Gentil. ubi supra. against the King of France (or any other invader) notwithstanding that they should violate their Articles, and multiply injuries, indignities, and acts of hostility against Him, and his Subjects. No Prince ever fettered himself thus; no Laws of Nations, no common reason admits of such a Fancy: and therefore the notorious violation of that peace doth plenarily absolve his Majesty from the bonds of this subsequent Alliance. The Considerer, no doubt foresaw this defence, but would not take notice of it, lest he should have been obliged to refrain from the aspersions of unparallelled perfidiousness and violated Faith, the Name and Noise whereof might advantage him amongst the Dutch populace, and the more ignorant sort of men. And, to give a further colour to his calumnies, he says, that the Reasons which his Majesty allegeth, are not the Reasons which he proceeds upon: They are but forged pretensions, whilst the true inducements to this rupture are Ambition, Avarice, and insatiable revenge, Since the Man so little understands his Majesty's inclinations and deportment, which have been hitherto such as yield no ground for a charge of this nature, I will not stand to refute his insolent and barbarous conjectures, nor believe so ill of the most generous, mild, and peaceable Prince in the world, as that He diligently sought occasions for a War, when the injurious Dutch rendered all peace unsafe and dishonourable unto him. I shall therefore examine what my Author doth urge against the Declaration of his Majesty, wherein when my Countrymen shall be satisfied, I doubt not but they will approve of the justice of his Majesty's Cause, and be inflamed with a zeal to vindicate the honour of their King, and the necessary rights of the Kingdom. Concerning the business of Surinam (my Author doth not consider every thing) all that is said amounts to this; That the place being taken in March 1667. by Adrian Crynsen of Zealand with the Forces of their State, and so under certain Covenants reduced to their obedience and subjection, was indeed in the month of May next following retaken by the English; but that the same in pursuance of the sixth Article providing, that all Lands, Cities, Fortifications, and Colonies, taken during the War by any of the parties then in Arms, from the other, and after the 10/20 of May retaken, should be restored to the first taker, was delivered up again into the possession of the States: He wonders that the King of England should offer to style any of the Inhabitants of Surinam to be His Subjects, since by the rights of War, and the Articles of Peace, the plenary Dominion and right of Sovereignty is transferred to the Dutch: and they being now Subjects to that State, aught to complain to their State's General, if the said Capitulations be not observed duly; but that the King of England is no more interessed in them, than is the King of Spain. To this I answer, That by the third Article instanced in, though the plenary right of Sovereignty over Surinam were transferred; yet it is expressly said, They are to have it altogether after the same manner as they had gotten and did possess them the 10/10 day of May last past. It remains then, that we inquire, What manner of Sovereignty the Dutch had in Surinam by their conquest thereof, by the Capitulations of Abraham Crynsen: and this appears to be no other than what the Dutch had over Bois le Duc, when Grobbendonck capitulated to surrender it to the Prince of Orange upon terms, to march away with flying Colours, and such Inhabitants as pleased might remove their Estates and Goods into the King of Spain's Dominions within a certain time, etc. A. D. 1629. so were the Inhabitants of Surinam to have convenient liberty to transport themselves and their estates into the King of England's Dominions. And as Grobbendonck by his Capitulation (together with those comprehended therein) did not become the Subjects of the United Netherlands, no though He or his Followers, had stayed several months in the surrendered Town, but retained to the King of Spain, so neither did these of Surinam become by their Capitulation Subjects to the Dutch: 'tis true they gained thereby the Sovereignty of the territory, but not of their persons: and to deny this, is to act by the Punic or Belgic Faith, to deny that Abraham Crynsen, at that distance, had power to grant Articles; Grotius de jure belli, l. 3. c. 22. s. 9 Zouche de jure faeciali, part 2. sect. 9 qu. An conditiones deditionis à duce concessae, à supremâ potestate praestandae sint? and to act as Hannibal did, when he refused to ratify the conditions granted by Maharbal, because He (though absent) was the Superior, and had not signed them: which deed is censured by Livy thus, quae punicâ religione servata fides ab Annibale est, atque in vincula omnes conjecti. This being premised, I cannot understand, why the King of England might not call them His Subjects, and send for them; and as an high injury resent their detaining, since thereby He is deprived of so many serviceable Planters in his other Colonies thereabouts. This controversy about Indignities and Contumelies done to Princes, doth recall into my mind the violence wherewith former Kings have resented them. David without any formalities of denouncing War (that I read of) attacked the Ammonites, 2 Sam. 1●. 11. and with horrible torments revenged the indignities done to his Majesty upon the Inhabitants of Rabbah. And Gustavus Adolphus invaded the Germane Empire, ●il. Arlanihaeus Arma Succica. p. 13.37. Zouch de jure faeciali. part 2. sect. 10. qu. An bellum aliquando omissa indictione movere 〈…〉 without ever declaring War, to revenge the contumelious usage of his Ambassadors at Lubec. Had either of those potent Kings received any such injuries and affronts as his Majesty of Great Britain hath had multiplied upon him, how fierce a vengeance would they have taken upon their barbarous and insolent Enemies, whose outrageous doings do give unto any rigours the face of justice, and absolves from the usual solemnities of War. I suppose it now manifest that our King might with a great deal of justice make War upon the Dutch, merely in vindication of his own honour, and that without the usual form of declaring War: But because this last circumstance is represented so tragically; as if thereby the English Ships, though acting by a Royal Commission, were Pirates, and as bad as those of Algiers and Tunis: I shall demonstrate that the solemn Declaration of War, before it begin, is not always necessary. It is not any part of the Law of Nature, Natural jure, ubi aut vis illata arcetur, aut ab eo ipso qui deliquit poena deposcitur, nulla requiritur denunciatio. Grotius de jure belli, l. 3. c. 3. sect. 6.2. that a Prince denounce War before he begin hostilities: All that Nature directs Us unto in this case, is, that we repel force with force, and avenge ourselves, or take reparations for injuries committed against Vs. All that can be alleged for it out of Grotius, is, that 'tis a fair and laudable course, Honestè & laudabiter interponitur. Grot. ubi supra. and not always practised by the Romans themselves: For when the Carthaginians in two Wars had showed themselves an ungenerous perfidious Enemy, such as the Dutch are to all the world, they did not denounce the third War against them, but proceeded by surprise against that vexatious treacherous irreconcilable people, Appian de bell. Puny. and used them not as other Nations, because that others were not like unto them. Xenophon. Cyri. pad. l. 2. And Xenophon in his Romance of Cyrus, thought it no ill character of his Hero, Zouch de jure faeciali part 2. sect. 10. qu. Anbellum omissâ indictione mourre li●ea●? Arma Suecica, pag. 55. that he should without denunciation make War upon the King of Armenia. So did Pyrrhus; so did Gustavus Adolphus. As in the Civil Courts of judicature, a formal Citation is not always necessary; in like manner a Prince may sometimes omit the proclaiming of War before he practise hostilities. Atheri●. Gentilis de jure belli. l. 2, c. 2. But to evince the entire justice of that Encounter of ours with the Smyrna Fleet, it may be convenient for us to consider, that those Ships meeting with our Fleet did refuse to strike their Flags and lore their Topsails unto the Ships of War of his Majesty, contrary to the 19 Article of Breda: And that being refused, it was not only lawful for our Ships to destroy or seize them, and for his Majesty to confiscate them: M. S. Comment. de ●abus Admiral. fol. 28. ●●iden. mare clausum, l. 2. c. 26. But it was the express Commission of the Ship-Captains (and hath been so to all Men of War for above 400 years) and an inseparable Regality of the King of England, which authorize, and authenticate that action in full: It is no new Doctrine in England, to say no Ship can be protected in point of Amity, which should in any wise presume not to strike sail: Q. Elizabeth gave the same form of Commissions and Instructions to her Admirals; and if there never happened any rencounters in her times like unto this, it was because no Prince disputed the thing with her, and the Dutch were then the Distressed States. This Regality of having the Flag struck to the Navy Royal, or any part of it, is paramount to all Treaties, so far is it from being limited and restrained by the Treaty at Breda; and whatsoever contravenes it is not to be construed so as the breach of inferior Articles. The Right of the Flag is not demanded by virtue of the Treaty from the Dutch (though they cannot refuse it without annulling that treaty) but recognized there as a fundamental of the Crown and dignity of the K. of England. Such points are not the subject of Treaties, and no concessions were valid against them. Domin. Baudius' de induciis l. 2. In such cases we say, plus in talibus valere quod in recessu mentis occultatur, quam quod verborum fermulà concipitur. It is therefore evident, that nothing was acted on our side contrary to the said League, in reference to the Smyrna Ships: And the ensuing War (notwithstanding the 23. Article) is to be imputed to the perfidiousness of the State's General; not that the private act and obstinacy of the Smyrna Ships did make it to be so, but the State's General had justified Van Ghent in the like case, and by that solemn and notorious violation of the Nineteenth Article of Breda, in effect declared War against Us; Ab alterâ parte indictum esse sufficit. Grotius de jure belli. l. ●. c. 3. sect. 7. and we needed not to declare any thing on our side; it not being judged necessary, but a superfluous Ceremony, for both parties to denounce War: And if the one party, as here the Dutch▪ do rescind a Treaty, (Leagues are individual acts, and the violation of one Article doth annul the obligation of the whole) then are we, ipso facto, in a condition of War, nor is it requisite the King declare himself: They that violate their Faith, Jura violanti jus redditur, si no● praestatur. Item neq, his bellum indicetur, qui jam pro hostibus habentur: ut quid enim opus indictione, per quam denunciatio hostilitatis, si hostes sumus, & habemur. Quicquid demonstrandae rei additur satis demonstratrae frusta est. Etiam illud dixere Faeciales, non opus esse renunciare amicitiam, cum legatis repetentibus res pluries, eae nec essent redditae. nec fu●sset aliter satisfactum. Alberic. Gentilis de jure belli. l. 2. c. 2. render themselves incapable of wrong; and 'tis a vanity to multiply demonstrations of what the Dutch had already made public: In fine, the Laws of War inform us, that the War is sufficiently declared, when all applications and Embassies become fruitless. And Divines tell us, that there are some cases when a man is absolved from the obligation of fraternal correption and admonition, viz. when the person offending is notoriously known, In fraternà correptione inutilis admonitio omittenda est, Theologorum consensu. Genes. Sepulveda in Apolog. pro libro de justis belli causis. to be so perverse and obstinate, that all reproofs and warnings would be fruitless; for, say they, He that ploweth aught to plow in hope, 1 Cor. 9.10. and where there is no hope of any good success by friendly applications, there no man is bound in conscience or prudence to pursue them. Though this relate to private persons, yet the condition is the same in reference to Princes, seeing, that the chief ground of Embassies, and such like Remonstrances amongst Christian Potentates, is Fraternal Dilection; and therefore if the inutility and fruitlesness of a Negotiation, absolve us justly from it there, it will also do the same here: Wherefore, since his Majesty was convinced by the ill event of all his amicable applications to the Dutch, and understood so well the resolutions of the Hague, that they would not strike sail, he might justly omit all such formalities, and immediately proceed to carve out his own satisfaction by an advanced War. Concerning the right of the Flag, it is in the first place to be remarked, that it is clearly intimated in the said Declaration, that ●hat King by t●e said Right understands the Sovereignty of the Seas; since speaking of the Antiquity of the said Right, he ad●s thereunto, that it is an ungrateful insolence, that We should offer to contend with Him about the said Sovereignty: Whereby it plainly appears, that the Flag and Sovereignty of the Seas ●re words of different sounds, but according to the King's meaning of the same signification; so that We may easily conjecture, that the difference betwixt the King of England and this State about the said Pretended Right of the Flag (which is insinuated to that Nation as the most important Grievance wherein the People's Honour is concerned) is not at present a Controversy about Saluting and Striking of the Flag, and consequently no dispute in relation to the sense of the Nineteenth Article of the Treaty at Breda, but only a Contest about the Sovereignty of the Sea, which This State attributes to God Almighty alone; and the King of England usurps to Himself, although perhaps per gratiam Dei, by which the most Absolute Princes govern their Lands and Territories. And the Ambassador Downing also concerning the aforesaid sense of the Ninteenth Article, in his Memorial delivered in the Name of the King, demanded of the States a plain and clear acknowledgement of the aforesaid Pretended Sovereignty of the Seas. Every one that can tell of our Countrymen, & the impartial World may see, that not the refusing to strike the Flag, in pursuance of the said Article (which was fully performed, as shall hereafter be made evident) but only a Refusal of the said acknowledgement hath been the subject of the King of England's complaint. And it is likewise easily to be apprehended, that at present the said Acknowledgement is demanded from the States, not by reason of the Justice of Right to the pretended affair, but only out of a plotted Design to war against Us, which design could not be put in Execution but by a demand of Impossible Satisfaction; for which intent the Ambassador Downing propounded nothing else to the States than the Acknowledgement aforesaid, lest having made Propositions of other things, he might receive satisfaction for his King, who (he knew) would not be satisfied. Of what importance the said Acknowledgement so demanded is, is not unknown to any of the Subjects of this State, whose only subsistence is Commerce, and consequently the Liberty of the Seas. I do believe that not one single Fisherman in our Country can be found (be he never so simple) that apprehends not his chiefest Interest to consist herein, and that to force the said Acknowledgement out of his throat, and thereupon to cause the Effects of the said Pretended Sovereignty to follow, is one and the same thing as to tie up his throat; or at least there is no other Distinction than betwixt a speedy and a tedious (yet assured) Death: since after the said Acknowledgement there can at the best nothing else be expected from the King of England's Grace and Favour, than an option and choice of a sudden period, or a lingering disease, which is worse than a precipitated death. And although the King of England extends not His pretended Dominion further than the British Seas, yet it is evidently known, that the Limits of the said Seas are by the King stretched out so far, that not the least part for a passage out of our Country is left, which is not in respect of his pretended Sovereignty subjected to the King according to his sense; considering that not only the Channel, but also the North Sea, and a great part of the Ocean is by the King of England accounted the British Sea: so that We should not be able out of our own Country to set out to Sea, but only by the Grace and Favour of the King of England, of which we should be assured ●ar less than now we are of his faith and promise. We shall not enter at present to confute the aforesaid pretences to the Sovereignty of the Sea, not only because the same would probe too prolix, but also (and that principally) by reason it cannot be judged necessary to contradict what all the World holds to be impertinent, except the King of England, who as little can adhere to reason, as with reasonable offers he will be satisfied. We shall only say, that it is false, and never can be proved, that we ever fished in the Sea with licence and permission of the King of England's Father, and that for paying Tribute, as the aforesaid Declaration expresseth. We confess, that in the year 1636. some of the King of England's Ships of War seized upon our defensless Herring-busses, and that by mere violence they forced a sum of money from them, which they called Tonnage-money; but we deny that from thence any Right or Title can be derived, not only because violence can create no Right (no not by continuance) but also because the aforesaid violent exaction was not continued; Complaints being made in England of the aforesaid exorbitance, the same afterwards was no more demanded. We shall, with favour of the courteous Reader, passing to the business of the Flag, so as the same in the Nineteenth Article of the Treaty at Breda is regulated (which Article must decide this Controversy) briefly demonstrate that nothing was committed by the Lord of Ghent in the late Encounter contrary to the said Article; and moreover, that what hath been offered to the King of England, by this State, over and above the obligations of the said Articles, is of so convincing a concession, that we need not fear to refer it to the judgement of the English themselves, as promising to ourselves from the said people's discretion, that (in respect this State hath given abundant satisfaction to them in point of Honour) they will scorn and detest to demand that We should acknowledge the Sovereignty of the Sea (proceeding only from a desire of War) to belong to Them. It is evident, and amongst all discreet persons without Controversy, that Saluting at Sea, either by firing of Guns, or striking the Flag, or Lowering of some Sail, must not be interpreted as some sign of subjection, but merely for an outward testimony of Respect and Civility, which then with a Resolute and the like Civility is required: and forasmuch as concerns the first saluting, whereof We only here shall make mention, it is conceived, since those commonly first salute, that own themselves inferiors in Rank and Worth to those they meet, although they are not under subjection to them, that Ships of Republics meeting at Sea with Ships of War belonging to Crowned Heads (to which Republics yield Superiority in the World) must give the first salute either with one or other sign of respect; which respect notwithstanding (as all other Acts of Civility) must proceed from a free willingness, and an unconstrained mind, in those that show the same: yet it hath often been seen, that the strongest at Sea hath forced the weakest to this submission; and that likewise the necessity and manner thereof hath been expressed in Articles. Such is likewise concerning the same agreed on betwixt the King of England and this State in the said Ninteenth Article, in conformity to former Articles, as well concluded with the present King as the Protector Cromwell, that the Ships and Vessels of the United Provinces set out to Sea as well for War and defence against Enemies, as others, which at any time should meet in the British Seas with any of the Ships of War of the King of Great Britain shall strike their Flag, and lowr their Topsail, in the like manner as formerly hath been customary. To apprehend the true sense of that Article (as it ought to be) let the Reader be pleased to take notice, that the same proceeded originally from the Articles betwixt this State and the Protector Cromwell, concluded in the year 1654. and that at that time the same was not expressed in such terms, as after a long debate of some words which the Protector Cromwell would have added thereunto, thereby not only to oblige single Ships, but entire Fleets of the States to the said Salute, in case of meeting with any of the Ships of War belonging to England; which words afterwards upon the earnest instance of the Ministers of this State, were left out of the said Article; so that the aforesaid Nineteenth Article, drawn on't of the tenth Article of the Peace in the year 1662. which tenth Article on the King's side was delivered in out of the thirteenth Article of the year 1654. must not be so understood that an entire Fleet of the States, by virtue of the said Article, shall be obliged to give the said Salute to one single Ship of the English: but the said Article must be taken for a Regulation, according to which single Ships and Vessels of this State in point of saluting the Ships of England are to govern themselves. Now to apply the said Article (according to the true sense) to the late accident of the Lord of Ghent; it is in the first place to be observed, that the King of England's Pleasure-Boat (suppose, in respect of her Equippage, it must pass for a Ship of War, which we will not dispute) not having met with any single Ships or Vessels of the States, but coming in amongst a Fleet, then riding at Anchor (undoubtedly with a wicked design to seek matter of Complaint) it with no fundamental reasons can be maintained that the Lord of Ghent, by virtue of the said Article, was obliged to strike. Secondly, It is likewise considerable, that the aforesaid Article speaking of meeting, cannot be applied to a form design, to cause a Quarrel by requiring in the uncivillest manner in the world an act of Civility and Respect. And lastly, It is notorious that the said accident happened in the North Sea, not far from our own Coast; as likewise it is well known, that the North Sea is not the British Sea, not only because in all Sea-plats (yea in the English Map itself) it is distinguished from all other, but also and especially (which in this case is an invincible Argument) by reason the same in the seventh Article of the Treaty of Breda are distinctly mentioned one from the other, where it is expressly said, that All Ships and Merchandizes, which within twelve days after the Peace are taken in the British Sea, and the North Sea, shall continue in propriety to the Seizer; out of which it plainly appears, that, even according to the King of England's sense, the North Sea differs in reality from the British Sea; but (vice versâ) that the North Sea is made the British Sea, and consequently that distinct things are confounded together, where there is a design to raise commotions and disturbances in the world. And though their High and Mighties might have kept to the Nineteenth Article of the said Treaty, according to the true original interpretation, yet they declared to the King of Great Britain, that upon the foundation and condition of a firm friendship, & assurance of a real and sincere performance thereof (upon the fifth Article of the Triple Alliance, in case France should fall upon this State) they would willingly cause the entire Fleet, when they should at any time meet with any Ship or Ships of War, carrying his Majesty's Standard, to strike the Flag, and lowr the Topsail in testimony of their Respect and Honour, which they upon all occasions will publicly show to so faithful a Friend, and so great a Monarch; Provided that from thence no occasion, either now or hereafter should be taken, or the least inducements given to hinder or molest the Inhabitants and Subjects of the United Provinces of the Netherlands in their Free use of the Seas: which Declaration the King of England wrongly interprets, because that the same is joined with the true performance of the Triple League, that is, with his Honour and Word; as also with the assurance that no prejudice should be offered in regard of the Free use of the Seas: being an infallible argument that The King of England is as little inclined to leave us an undisturbed use of the Seas, as He is to keep and perform his word. I have already demonstrated the justice and Honour of his Majesty's Arms. This Discourse gives me occasion to manifest the Necessity thereof: All that is recited here, was alleged by the Dutch Ambassadors to our King; and if it appear hence, that His Majesty could not continue his Alliance any longer with the Dutch, unless He would abandon the Sovereignty of the Sea, exchange his proper Rights into mere Civilities (and those not to be enforced) and put Himself and his Dominions into the Power of the Dutch: there is none then can doubt but That the King was unavoidably engaged into this War, by the insolence and arrogance of the treacherous and usurping Hollanders, and that He did not seek or feign pretensions to quarrel with them. The Nineteenth Article of the Treaty at Breda doth run thus. That the Ships and Vessels of the said United Provinces, as well Men of War as others, meeting any Men of War of the said King of Great Britain's in the British Seas, shall strike the Flag, and lower the Topsail in such manner as the same hath been formerly observed in any times whatsoever. This Article was transcribed out of a former Treaty made betwixt O. P. and the State's General: and he was the first that ever inserted any such Article into any Treaty; our Right and Dominion over the British Seas having never been disputed before, but by an immemorial prescription and possession transmitted unto us, and supposed as unquestionable by all Princes: these ungrateful Dutch are the first that controverted it, disowning it in the time of the late Wars (when our Civil distractions rendered our Prince unable to attend unto the Maritime Dominion, and to curb their growing pride) yet was the long Parliament so concerned to preserve the Rights of this Nation, that they made an Ordinance, April 5. 1643. commanding their Admiral and Commanders at Sea to enforce all persons to pay the usual and due submissions unto the Men of War appertaining to this Kingdom. And the pretended Republic here did vigorously, and by a dreadful War assert the said Sovereignty of the Seas. So that it ought to be deemed the concurring sentiment of All parties in England, that These submissions by striking the Flag, and lowering the Topsail, are not mere Civilities and unnecessary Punctilios of Honour, and vainglory, but a fundamental point, whereon the Being of the King and Kingdom is in great part suspended: and it hath been so studiously insisted on by our Princes, that for above Four hundred years it hath been a Clause in the Instructions of the Admiral and the Commanders under him, tha● in case they met any Ships whatsoever upon the British Seas, M. S. Commentar. de rebus Admiral. f●l. 28. S●lden ma●e clau●●m. lib. 2. c. 26. that refused to strike Sail at the Command of the King's Admiral, or his Lieutenants, that then they should repute them as Enemies (without expecting a declared War) and destroy them and their Ships, or otherwise seize and confiscate their Ships and Goods. And these Instructions have been retained in use, as well since the Treaty of Breda, as before it. The like Instructions are given by the Venetians to their Captains in reference to the Adriatic Sea; and by several other Princes. It is manifest, and agreed upon by the Considerer, that this Article must decide the present Controversy, and 'tis no less evident that this Article doth decide it to their prejudice, and that they are inexcusable as to the breach thereof. I will not stretch the words of the Article so far, as to infer, that they ought to strike Flag in acknowledgement of the Sovereignty of the Sea, since otherwise they do not strike it in such manner as the same hath been formerly observed in any times whatsoever, though the words oblige them not only to the thing, but circumstantiate the manner of it. Let their sentiments be free; but yet let us see how they comply with the Article, as to matter of Fact; They say that O. Cromwell would needs after a long debate have those words put in, whereas the Article was otherwise penned at first. But this allegation is impertinent; since we now inquire not into What was at first debated, nor insist upon the first draught of the Treaty, but what was at last ratified and confirmed on both sides: For 'tis thence ariseth the Obligation. Secondly, They say, that by the earnest instance of their Ministers, O. Cromwell was so far prevailed upon, as to relax that Article, and leave out the said words: and therefore the Article must not be so understood, as if an entire Fleet of the States by virtue thereof should be obliged to give the said salute to one single Ship of the English; but the said Article must be taken for a Regulation, according to which, the single Ships and Vessels of their State, in point of saluting this Ship of England, are to govern themselves. To this I reply, that it is not credible, nor believed here by any that were privy to the transactions of O. Cromwell, that ever he consented to any such alteration in the said Article: There is no proof of any such thing alleged, and 'tis notoriously known to all our Admiralty, that he never did vary his Instructions and Commissions in the Navy, but enjoined them, as before, to enforce all Ships to strike, without regarding whether they were entire Fleets, or single Ships: And I think this to be a demonstration of the falsehood of the Dutch in this suggestion. Lastly, I find the Articles of peace published at Amsterdam in 1655. in Latin, where is not any such thing to be seen, as is here insinuated. Artic. 13. Adolphus Brachelius, histor. nostri tempor. Amstelodami 1655. 13. Item quod Naves & Navigia dictarum foederatarum provinciarum, tam bellica & ad hostium vim propulsandam instructa, quam alia, quae alicui è navibus bellicis hujus Reipublicae in maribus Britannicis obviam dederint, vexillum suum è mali vertice detrahent, & supremum velum demittent, eo modo, quo ullis retrò temporibus, sub quocunque anteriori regimine, unquam observatum fuit. This is sufficient to disprove this impudent forgery of the Considerer; but had any such thing intervened betwixt the State and O. P. if it do not appear, that His Majesty did make the like accord, how comes it to pass, that the expressions of his Majesty must be construed by the sense of Cromwell? If this Notion of exempting Fleets from saluting any single Man of War, were never thought upon, nor mentioned, much less debated and decided at the Treaty of Breda, doth not common Equity and Reason oblige the Dutch to acquiesce in the plain sense of the words, and not to distort or pervert them by far-fetched interpretations and evasions? In the ●5th Article at Breda, it was agreed that both parties should truly and firmly observe the League. And Article 36. that the confederacy should be duly, and bonâ fide, observed. It is usual in the last Articles of Treaties, or in the Ratification, for Princes to express that they do sign, consent, and ratify the Agreement in its true, proper, and most genuine sense: or, sincerely, and bonâ fide: and where it is not so declared, yet it is understood in all Contracts, Principum contractus omnes sunt bonae fidei— fides exuberantior requiritur in contractibus principum, ut ipse ait Baldus.— Non strictum hic jus, aut juris rigorem sectabimur: sub quo plerumque erratur perniciosè. Non admittemus disputationes subtiliores, deque apicibus juris: quae aequi & boni ratione praetermissâ, res examinare ad vivum solent. Quales isti esse debent contrahentes, tales sint: quoniam & tales creduntur. Et itaque fraude● omnes absint, & exceptiones omnes subtilis juris cessent, tantumque dicatur quod principem deceat. Albericus Gentil. (ex communi sententiâ J.C.) de jure belli, l. 3. c. 14. & ib. lib. 2. c. 4. Zouch. de jure faeciali, part 2. sect. 4. Grotius de jure belli, l. 2. c. 16. sect. 20. but more especially in the Contracts of Sovereign Princes; and Charles V. and Lewis of France are blamed for making use of those little shifts and elusions of Treaties, which better become a Pettifogger, than a King. This is the common Tenet of the Civil Lawyers, and consonant to the Law of Nations. It is true there lies a ready Evasion; for All this is averred concerning Princes and their Contracts; but the Dutchmen have nothing that is Royal amongst them, their High and Mighties are not Princes, and they have different jura Majestatis, as they have different ends from the generous and sincere part of mankind. After an impertinent Harangue concerning God, Piety, Protestancy, they are absolved from giving honour to them unto whom honour is due, Reverence to whom reverence; or Right to whom right: They can plausibly recede from, and evert an Article that is prejudicial to their Interest and insatiable Ambition, and impudently exempt Fléets from amongst the number of Ships. Such men presume strangely upon their power, or the stupidity of the world, that impose thereon such Glosses as these. There was no such word mentioned, no such interpretation proposed at Breda, much less assented unto. The common usage of that Naval term admits not thereof, and the immemorial practice at Sea to the contrary doth sufficiently refute this sentiment. The Ambassadors had no power delegated them to part with such a Regality; and perhaps it may be said, that the King himself hath no such Authority as can divest the Crown thereof. Summo consensu prudentjum traditur, istiusmodi jura, quae Coronae annexa sunt, ita●ut ab eâ divelli nè quidem per ipsum Principem queant, nec lapsu temporum, nec ullâ conventione posse praescribi, aut usucapi, quin quandoque ad pristinum statum revocari possin●. Nec successores ex tali contractu obligantur. janninus apud D. Baudium de induc. Belgic. l. 3. However, if any such thing had been done, had such a sense been admitted of, or intended by the Dutch, Why did not They urge it sooner, and demand that the Instructions to our Admiral and the Commanders at Sea should be changed from what they have been during the space of above four hundred years? Their High and Mighties have very much prejudiced themselves in the opinion of all prudent men by so long a silence; and in the judgement of all honest persons, by remonstrating thus now, since thereby they declare that to be the right sense of the Article, which is indeed Nonsense, and that to be justice which is, as notorious an Usurpation as any Chronicles inform us of. But lest this sense of the Article should not be admitted of, They say further in defence of themselves, that since in the judgement of the King of Great Britain, the striking of the Flag, and the acknowledging the Sovereignty of the Sea are equipollent things, and that by the one His Majesty understands the other, they cannot consent to the striking of the Flag, lest it should be construed to a yielding him a Sovereignty and Dominion over the Sea: which is too much for these High and Mighty Zealots, and such Protestants, that, abominating all Image-worship, cannot endure any Monarches, because they are (as I may say) visible Deities and Mortal representations of that One God, who providentially rules the Universe; nor can they tolerate their Usurpations upon the Rights of God Almighty, who is alone Sovereign of the Sea. If I were not in haste, I would animadvert upon that passage of the Considerer, whereby he intimates, that All absolute Princes are Usurpers, Governing their Lands and Territories, per Gratiam Dei, by which the King of England usurps the Dominion of the Sea: In another place, he intimates as if all Princes were Tyrants, and all Monarchy Tyranny: In a third, he detracts from Monarchy, alleging that Monarches are generally swayed by their wills and lusts, and that the most efficacious reasonings of Princes and Monarches are their Arms: Such insinuations as these aught to exasperate all Princes against them; and indeed this other controversy about the Dominion of the Sea extends not only to the King of England, but to the Kings of France, Spain, Portugal, Sweden, Denmark, etc. to the Republics of Venice, Genoa, etc. All which are no less notorious Usurpers than his Majesty of Great Britain: and if the King of England be an Usurper upon the Rights of God, by exercising a Sovereignty over the British Seas, the Dutch have contributed very much to such Usurpation, by permitting him to continue it so long: Illud unum inter alia praecipuè perpendendum, foedus Hollandiae, Zelandiae, Frisiae, Ostendae, & Slusae, cum suae Majestatis regnis unitum proculdubio plenum magni maris dominium, & perpetuam certamque suae Maiestatis subditis salutem atque prosperitatem esse allaturum. A. E. Meteran. hist. Belg. add an. 1585. When they were the Distressed States, and tendered the Sovereignty of their Provinces to Queen Elizabeth, their Ambassadors urged this unto Her as one inducement, that Thereby She might ensure herself of the Dominion of the Great Ocean: From whence any Englishman may collect, How much it importeth Us, that these Hollanders be rather Distressed, than High and Mighty. Concerning the Dominion of the Sea, that we may the better understand the Controversy, and the justice of his Majesty's demands, 'tis requisite that we distinguish upon the word Dominion, which is equivocal. Dominion imports one thing in respect to jurisdiction and Protection, which the Doctors of the Civil Law call Sovereignty or Universal Dominion, such is that of a Prince over the persons and estates of his Subjects: And another thing in reference to Propriety, which they term particular Dominion, whereby any private person is invested in his Goods and Estate. Thus the King of England hath an Universal Dominion over the British Seas, whilst yet his Subjects retain their proprieties in their several Fisheries. joan. Palatius de dominio Mari●. lib. 1. c. 11. The effects of this Dominion Universal, or Sovereignty which accrue to a Prince, are these, 1. Not only the Regality of the fishing for Pearl, Coral, Amber, etc. but the direction and disposal of all other Fish, according as they shall seem to deserve the regards of the public: as in Spain, Portugal, etc. is used. 2. The prescribing of Laws and Rules for Navigation, not only to his own Subjects, but unto others Strangers, whether they be Princes of equal strength and dignity with himself, or any way inferior. Thus the Romans did confine the Carthaginians to equippe out no Fleets; and forbade Antiochus to build any more than twelve Ships of War. Grotius de jure belli. l. 2. c. 3. sect. 15. The Athenians prohibited all Median Ships of War to come within their Seas, and prescribed to the Lacedæmonians with what manner of Vessels they should sail. All Histories are full of such Precedents, which Princes have enacted either upon agreements enforced upon the conquered, or Capitulations betwixt them and others (their equals or inferiors) for mutual conveniences. joan. Palatius ubi suprà. julius Pacius de dominio Mari● Adriatici. 3. The power of imposing Customs, Gabels, and Taxes upon those that navigate in their Seas, or otherwise Fish therein: which they do upon several rightful claims: As protecting them from Pirates, and all other Hostilities, or assisting them with Lights and Sea-marks: For which advantages, common equity obligeth those that reap benefit thereby, to repay it by some acknowledgement, which ought to be proportioned to the favour received, and the expense which the Prince is at to continue it unto them. 4. As it is incumbent on a Prince, duly to execute justice in his Kingdoms by land, so the Sea being His Territory, it is requisite and a necessary effect of his Dominion, that He cause justice to be administered in case of maritime delinquencies. 5. That in case any Ships Navigate in those Seas, they shall Salute his floating Castles, the Ships of War, by loring the Top sail, striking the Flag, (those are the most usual courses) in like manner as they do His Forts upon Land. By which sort of Submissions they are put in remembrance, that they come into a Territory wherein they are to own a Sovereign Power and jurisdiction, and receive Protection from it. These are the proper effects of a real and absolute Sovereignty over the Seas; which how they are possessed by the Venetians, this following account will show. The Gulf of Venice is nothing else but a large Bay, or inlet of the Sea, which entering in betwixt two Lands, and severing them for many miles continuance, in the end receives a stop, or interruption of further passage, by an opposite Shore, which joins both the said opposite Shores together. It is called the Gulf of Venice, from the City of Venice, situated upon certain broken Islands near unto the bottom thereof. It is also called the Adriatic Sea, from the ancient City Adria, lying not far distant from the former. From the entrance thereof unto the bottom it contains about 600 Italian miles: where it is broadest, it is 160 miles over; in others but 80, in the most, 100 The South-West shore is bounded with the Provinces of Puglia and Abruzzo in the kingdom of Naples; the Marquisate of Ancona and Romagna in the Pope's State; and the Marquisate of Trevisana in the Venetian State. The North part of it, or bottom, hath Friuli for its bounds; the North-East is limited by Istria, Dalmatia, Albania, and Epirus: whereof Istria doth not so entirely belong to the Venetians, but that the Emperor, as Archduke of Gratz, doth possess divers maritime Towns therein. In Dalmatia, saving Zara, Spalleto, and Cattaro, they have nothing of importance, the rest belonging to Ragusa and the Turks; In Albania and Epirus, they possess nothing at all, it being entirely the Turk's. So that he, who shall examine the circuit of this Sea, which must contain above 1200 miles, shall find the shores of the Venetian Signory not to take up 200 of them, omitting some scattered Towns and dispersed Islands, lying on the Turkish side of the Adriatic shore. For the securing hereof from the depredation of Pirates, and the pretences of divers potent Princes, as the Pope, Emperor, King of Spain, and the great Turk, who have each of them large territories lying thereupon; also to cause all ships which navigate the same, to go to Venice, and there to pay Custom and other duties, the Republic maintains continually in action a great number of Ships, Galleys and Galliots, whereto also they add more, as there may be occasion; whereof some lie about the bottom of the Gulf in Istria, others about the Islands of Dalmatia, to clear those parts of Pirates, who have much infested those Seas: others, and those of most force, have their stations in the Island of Corfu, and Standia: in the first of which commonly resides the Captain of the Gulf, whose Office it is to secure the Navigation of the Gulf, not only from the Corsaires, but to provide that neither the Galleys nor ships of the Pope, the King of Spain, nor great Turk, do so much as enter the same, without permission of the Signory, and upon such conditions as best pleaseth them; which they are so careful to effect, that in the Year 1638. the Turkish Fleet entering the Gulf without licence, was assailed by the Venetian General, who sunk divers of their Vessels, and compelling the rest to fly unto Valona, he held them there besieged, although the same City and Port whereon it stands, be under the jurisdiction of the Grand Signior. And notwithstanding that a great and dangerous War was likely to ensue thereupon, betwixt the Grand Signior and the Republic, because the Venetian General, being not content to have chased them into their own ports, did, moreover then that, sink their Vessels, and landing his men, slew divers of their Mariners who had escaped his fury at Sea: yet, after that, a very honourable Peace was concluded again betwixt them, wherein, amongst other things, it was agreed, that it should be lawful for the Venetians, as often as any Turkish Vessels did, without their licence, enter the Gulf, to seize upon them by force, if they would not otherwise obey: And that it should likewise be lawful for them so to do, within any Haven, or under any Fort of the Grand Signors, bordering on any part of the Venetian Gulf.— In the Year 1630▪ Marry sister to the King of Spain, Joan▪ Palatius de domin. ma●is. lib. 2. c. 6. being espoused to the Emperor's Son Ferdinand, King of Hungary, the Spaniards designed to transport her from Naples in a Fleet of their own. The Venetians suspected that they had an intention hereby to entrench upon, and privily to undermine, by this specious precedent, that Dominion of the Sea which the Signory had continued inviolate time out of mind; and that they took this opportunity when Venice was involved with a War abroad, and infested with the Plague at home, and therefore not in a condition to oppose their progress. The Spanish Ambassador acquainted the State, that His Master's Fleet was to Convoy the Queen of Hungary, being his Sister, from Naples to Triesti: The Duke replied, That her Majesty should not pass, but in the Galleys of the Republic: The Spaniard repined thereat, pretending that they were infected with the Plague. The Senate being consulted, came to this resolution, That the Sister of his Catholic Majesty should not be transported to Triesti any other way, then by embarking on the Venetian Galleys, according to the usual manner of the Gulf; and that, if the Ambassador would acquiesce herein, Her Majesty should be attended, and used with all that respect and deference which became her quality. But if she proceeded in any other way, the Republic would by force assert her proper rights, and attack the Spanish Navy as if they were declared enemies, and in hostile manner invaded them. Whereupon the Spaniard was compelled to desire of them the favour of transport the Queen in their Galleys, which Antonio Pisani did peform with much state and Ceremony: and the courtesy was acknowledged by solemn thanks from the Court of the Emperor, and of Spain. joannes Palatius doth furnish me with many more cases wherein the Venetians have practised immemorially, and Foreign Princes approved of their Sovereignty of the Adriatic Sea; and had our Nation been hitherto as prudent in the perpetual vindication of their Rights, as that Republic, His Majesty had not been put to this trouble, nor his Subjects endangered, as they are, by this War with Holland. Howsoever, 'tis manifest that they did always immemorially challenge the Dominion of the British Seas, and have never abandoned that Regality, but so as to preserve their Right unto it by the exercising of several Acts that result from the entire Dominion of the said Seas. 1. As to that Universal Dominion which is inferred from the Protection of the Seas. It is evident that our Admirals by their Commissions have ever been encharged with the Guardianship and Protection of the said Seas; and they were styled of Old Guardians of the Seas: S●lden. mare clausum, l. 2. c. 14. the denomination of Admiral is more modern. But with the Name, their Power and Instructions were not varied, they being still designed pro saluâ custodiâ & defension Maris: And there was a particular Tax raised on every Hyde of land in this Kingdom, called Danegeld, at first exacted by the Danes in lieu of their protection of the said Seas, Id. ibid. c. 11, & 15. and continued after their ejectment, by our English Kings before and since the Conquest unto the Reign of K. Stephen and Henry TWO, for the Guardianship of the Seas: and after that the Danegeld was abolished, several Lands were charged particularly for the defence of the Seas: and Subsidies have been demanded of the people to the same purpose. 2. As to that Dominion of the Sea which is exemplified by Acts of jurisdiction, it is manifest that the English have been immemorially prossessed thereof. Thus Edward the First made Laws, for the retaining and conserving of the ancient Superiority of the Sea of England, and for the maintaining of Peace and Justice amongst all people, Id. ibid. c. 24. what Nation soever, passing through the Sea of England; and to take cognizance of all attempts to the contrary in the same, and to punish Offenders, etc. In the like manner did his Royal Predecessors. And the so famed Laws of Oleron (an Island seated in Aquitaine, at the mouth of the River Charente) were published in that Isle by King Richard the First, as sole Ruler and Moderator of Sea-affairs; which hold in force to this day, and are the Laws of our Admiralty. Selden. mare clausum, l. 2. c. 15. And this Dominion is further elucidated from hence; that Our Kings (as appears by the Parliamentary Records of King Richard the Second) imposed a Tribute, or Custom, upon every Ship that passed through the Northern Admiralty, which stretched itself from the Thames mouth along the Eastern shore of England towards the North-East, for the pay and maintenance of the Guard or Protection of the Sea. Nor was it imposed only upon the Ships of such Merchants and Fishermen as were English, but upon any Foreigners whatsoever: no otherwise then a man that is Owner of a Field, should impose a yearly revenue or rent for the liberty of Thorough fare, or driving of Ca●tel, or Cart, through his Field: And if any were unwilling to pay the said Tribute, it was lawful to compel them; there being certain Officers that had authority to exact it, having the command of six Ships, men of War. The Original record is penned in the Norman language (as were almost all Records of Parliament in that age) and is thus Englished. This is the Ordinance and Grant by the advice of the Merchants of London, Rot. Pa●i. 2 〈…〉. ●. pa●. 2 Art. 3●. in Senedu●●. and other Merchants towards the North, by the assent of all the Commons in Parliament, before the Earl of Northumberland, and the Mayor of London, for the Guard and tuition of the Sea, and the Coasts of the Admiralty of the North, with two Ships, two Barges, and two Ballingers, armed and fitted for War, at these rates following: First, To take of every Ship and Bark, of what burden soever it be, which passeth through the Sea of the said Admiralty, going and returning, for the Uoyage, upon every Tun VI l. Except Ships laden with Wines, and Ships laden with Merchandises in Flanders, which are freighted for and discharged at London; and Ships laden with Wools and Skins at London, or elsewhere within the said Admiralty, which shall be discharged at Calais: which Ships the Guardians of the said Sea shall not be bound to Convoy without allowance. Item, To take of every Fisherboat that fisheth upon the Sea of the said Admiralty for Herrings, of what burden soever it be, for each wick, of every Tun VI d. Item, To take of other Ships and Fisher-boats, that fish for other kinds of Fish upon the Sea, within the said Admiralty, of what burden soever they be, for three weeks, of every Tun VI l Item, To take of all other Ships and Vessels passing by Sea, within the said Admiralty, laden with Coals from Newcastle upon Tyne, of what burden soever they be, for a Quarter of a year, of every Tun VI l Item, To take of all other Ships, Barks, and Uessels, passing by Sea, within the said Admiralty, laden with Goods of any Merchants whatsoever for Prussia, or for Norway, or for Scone, or for any other place in those parts beyond the Sea; for the Uoyage, going and returning, every Last VI ●. The Imposition here laid upon all Fishers that took Herrings, or other Fish, upon the Sea within the Northern Admiralty, showeth the Antiquity of the right his Majesty hath unto that Regality within the British Seas: but the benefits accrueing to the Crown from this specialty of the Maritime Dominion, were not always raised in one and the same manner. In the Ordinance aforesaid the Fishermen purchase their Liberty of Fishing, by a sum of money to be paid weekly. At other times I read that the Hollanders, and Zealanders, every year did repair to Scarborough Castle, and there, by ancient custom, obtained leave to Fish, which the English have ever granted them, reserving always the Honour and Privilege to themselves. Amongst the Records of the time of Edward the First, there is an Inscription, Pro hominibus Hollandiae, etc. For the Men of Holland, and Zealand, and Friesland, to have leave to Fish near jernemuth; R●● Pa●en●. ●3. edw. 1. 〈…〉. 5. and that King's Letter for their Protection is extant. And if we do not continually vend of special Licenses granted to Foreigners in reference to the Fishery; the reason is, because by the Leagues that were made with the Neighbouring Princes, a Licence or Freedom of that kind (as also of Ports, Shores, Passages, and other things) was so often allowed by both Parties, that as long as the League was in force, the Sea served as if it were a common-Field, as well for the Foreigner that was in Amity, as for the King of England himself, who was Lord and Owner. But yet in this kind of Leagues sometimes the Fishing was restrained to certain limits; and the limits related both as to place and time: so that, according to agreement, the Foreigner in Amity might not Fish beyond these limits; the King of England retaining absolute Dominion over the whole adjoining Sea. Thus by an Agreement betwixt France and England, the French are excluded from that part of the Sea which lies towards the West and Southwest, and also from that which lies North-east of them; but permitted freely to Fish throughout that part of the Sea, Selden. ma●e ela 〈…〉 2 c 25 ex Rotsie Francia, 5 ●en. 4. 29 Septemb. which is bounded on this side by the Ports of Scarborough and Southampton, and on the other side by the Coast of Flanders, and the mouth of the River Seine: and the time is limited, betwixt Autumn, and the Calends of january following. But in the League of mutual Commerce betwixt Henry the Seventh, and Philip Duke of Burgundy, etc. Earl of Holland and Zealand, A. D. 1459. Chap. 14. Jo. Isaac Pontanu● discussed. Histor. l. 1. c. 14. It was agreed that the Fishermen of each parts of what condition soever they be shall Sail and pass freely every where, and Fish securely without any impediment, Licence, or Safeconduct. From the which Leagues it is a genuine inference, that His Majesty hath the Dominion of the Seas as to Fishing, and that the Liberty thereof is not to be obtained but by Licence, or Compact, wherein the general emolument arising from the League supplieth the advantage that would otherwise accrue from particular Licenses. It being thus evinced that the Sovereignty of the English Seas, as to the Fishing, doth appertain unto His Majesty. I proceed to Scotland, where I find the same power invested in the Crown thereof; so that the Right of His Majesty unto the Fishing there is as unquestionable as His Succession to the Kingdom. I have not read in the Scotch Laws, that ever there were Licenses given to any for Fishing; but every Fisher, as well Forreigner as Native, was to pay an Assize-Herring unto the King, and this Assize-Herring is an unalterable Regality of that King. jacobi 6. p. 15. c. 237. It is Statute and Ordained that all infestments and alienations in Few firm, or otherwies, and all rentals, assedationes and disposition●s quhatsumever, in all time by gane, and to cum, of the Assise-Herring, is null and of nane avail: Because the said Assise-herring perteinis to our Sovereign Lord, as are part of his custumes, and annexed property. Concerning the Nature and Antiquity of the Assize-Herring, I find this most authentic account given by Mr. john Skene Clerk of the King's Register, Council and Rolls, in a treatise de verborum significatione, annexed to the Laws of Scotland, and Printed at Edinburgh, A. D. 1597. Cum privilegio regali. ¶ Assisa Halecum, the Assize-Herring signifies ane certain measure and quantity of Herring, quilk perteinis to the King as ane part of his custumes and annexed propriety. Jac. 6. p. 15. c. 237. for it is manifest that He should have of every Boat that passis to the drove, and Slayis herring, ane thousand herring of ilk taken that halds, viz. of Lambmes taken, of the Winter taken, and the Lentrone taken. What Dues and Customs the Kings of Scotland had upon other Fish, I know not, but that He did exact some, and exercised the Dominion of the Sea in reference to the Fishing there, is apparent by these Laws, ordaining, That all manner of Fischeres, that occupies the Sea, Selden. l. 2. c. 11. ex Parliam. 4. Jac. R. 6. c. 6●. & Parl. 6. ejusdem c. 86. and ●theres persons quhatsumever that happenis to s●ay Hearing or Quihte fish upon the Coast, or within the Isles, or out with the Samen within the Frithes bring them to Free ports, etc. where they may be sold to the Inhabitants of the same kingdom, quhui● by his Majesty's custumes be not defrauded, and his highness Liege's not frustrate of the commodity appointed to them by God under the pain of confiscation, and tynsell of the Ueschelles of them that cumes in the contrair thereof, and escheating of all their movable guddes to our Sovereign Lords use.— In this condition were the Rights of the Fishing until the Dutch did advance themselves to that height and puissance, that they esteemed themselves able to infringe them, and such was their Covetousness (which prompts them that are infected therewith to value the smallest and most unjust Gains) that they determined to do it. In the year 1594. james VI King of Scotland, Grotius hist. Belgic. l 3. apprehending the growth of these Netherlanders, and their influence upon the English Nation by reason of the multitudes of our Nobility and Gentry which resorted thither into the Armies, and being desirous to fortify by all possible means His right of succession to the Crown of England, invited the States to be Godfathers to his Son, Prince Henry, together with the Kings of France and Denmark, and Queen Elizabeth: they sent a splendid Embassy Walravius van Brederode being principal, and so richly presented the Royal Infant, that they much endeared themselves to King james, and no less exasperated Queen Elizabeth, in that they should dare to rival her at the Baptism of the Prince, and also demean themselves with so much munificence, or rather prodigality. King james, either out of interest to ascertain himself of their Friendship, or being captivated by their Presents and Flatteries, granted (but not by any Deed, that I know) unto the Dutch, the Privileges which had been formerly granted to the Belgic Provinces, upon Leagues betwixt the House of Burgundy and England, in reference to the Fishing; whereby, according to Articles made with Philip of Burgundy, and with Charles V. they were to Fish in the British Seas without any impediment, or the sueing for a special Licence. It was by virtue of the same Treaties and Confederacies with the House of Burgundy, that Q. Elizabeth did permit them the Fishing of our English Seas: for that Queen did always pretend and declare, A. E. M●teran. hist. Belgie. ad an. 1585. Cambden ad an. ind. that by reason of sundry Alliances betwixt England and the House of Burgundy, she did aid and support the Netherlands. At first, the Dutch, either out of pure respect (a rare quality in that sort of people) or because their Busses were not so very numerous as in the subsequent times, did Fish at a good distance from the Land; and, leaving convenient space for the Natives of Scotland to pursue their small employment in the Fishery, there was no notice, or at lest no complaints against them upon that subject: But when a series of prosperous successes (gained by the English and Scotch valour) had raised the Dutch to a great power at home, and renown abroad, and that their Ships became exceeding numerous, and their Fleets potent; and Queen Elizabeth's death had advanced a more peaceable Prince to the English Crown, They began to encroach upon the English and Scottish shores, to disturb the Natives in their Fishing, not leaving them so much Sea-room upon their Prince's Coast, as to take any Fish, but such as were the glean of the Hollanders Busses; who driving at Sea do break the skull or shoal of Herrings, and then they fly near the shore, and through the sounds. I find King james to have complained against their insolence, and the encroachments of the Dutch Fishermen upon His Seas, and to the prejudice of His Subjects: But that Prince dealt most in Remonstrances, an ineffectual course with Hollanders, and equipped out no Ships to assert his rights on the whole British Seas: at last in 1609. He established Commissioners for to give Licenses, at London, to such as would Fish on the English Coasts; at Edinburgh, for such as would Fish in the more Northern Sea: and by Proclamation interdicted all un-licensed Fishers. The Licenses were to be demanded yearly for so many Ships, and the Tonnage thereof, as should intend to Fish for that whole year, or any part thereof, upon any of the British Seas; and the Offenders against the King's Proclamation to undergo due chastisement. But this Edict of his Majesty proved but a Brutum fulmen, an insignificant noise and thunder; the Dutch contemned it, and grew more pervicacious in opposition to His Majesty's Officers which came to disturb their un-licensed Fishing. The States did mingle their concerns with those of the Fishermen, and sent Wafters, or Men of War to protect their Busses against the Spanish Pirates, and to awe the King's Officers. They refused to pay either the Assize-Herring, or to take Licenses; and in 1616. M. Brown being ordered by the Duke of Lennox (who, as Admiral of Scotland, was commanded to vindicate the Kings Rights in those Seas) to insist upon the Assize-Herring (which was the King's Old and indubitable Right) they did contest about it, and after much dispute paid it according to the Laws and Customs of Scotland. All this appears out of several Memorials, preserved in the Paper Office; and some are printed with Mr. Selden's Mare Clausum in English. But the next year (being the year in which King james did gratify that People with the Surrendry of the cautionary Towns) the Busses obstinately refused it, saying, They were commanded by the States of Holland to pay it no more. Mr. Browne wanting sufficient force to chastise their Wafters, did only take witness of this their refusal: whereupon the insolent Dutch seized the King of England's Officer, and carried him into the Netherlands, where He was detained a while. The King repeats His Complaints at the Hague, and to their Ambassadors here at London; the Dutch amused him with Treaties, and sent Commissioners to London, not to submit, or adjust differences, but to heighten them: They pleaded A right of their own by immemorial prescription; and confirmed it with divers Treaties, viz. One of the year 1459, betwixt Philip of Burgundy, and Henry the Seventh. Another betwixt Charles V. (as Duke of Burgundy) and Henry the Eighth: by both which it had been agreed, that the Subjects of the Belgic Provinces should Fish in the English Seas without impediment, and without Licence. But what influence have those Treaties upon the Kingdom of Scotland? Or, how do they extend unto the Assize-herring? For those Capitulations do not leave them at liberty as to this point, any more than they absolve them from paying Customs? To observe the Laws, and pay the deuce of a Country, are no illegitimate impediments of Fishing. To proceed. Suppose we that the Subjects of the House of Burgundy had any such privileges granted them by the said Treaties; what doth this concern the Rebels of the House of Burgundy? Aristoteles negat eandem esse Civi●a●em▪ Reipub. form● mu●a●â; sicut, inquit, Ha●monia non est eadem, ubi à Dorico modo transitur in Phrygium. Zouch de jure foeciali, part. 2. Sect. 1. qu. An Idem populus censendus 〈…〉 mulato 〈…〉? What doth it concern the State's General of the United Netherlands, who by their change of Government, and rupture from the majority of the Provinces, are no longer the same people? They have nothing to pretend unto but the Connivance of Q. Elizabeth, and the indulgence of K. james, during the time of their distress: nor doth the whole Age of their infant Republic amount unto an immemorial prescription: And, if in the said Treaties with the House of Burgundy, the Ancestors of His Majesty did think fitting, in consideration of other advantages accrueing to them by the said agreements, to dispense with the Licenses unto Belgic Fishermen; where is this consideration now betwixt us and the Dutch? and, what hinders us to resume our Rights, when the reasons cease for which we parted with them to the generous and noble House of Burgundy; but to these Hollanders never? How come we to forfeit the Dominion of the Sea by such indults, whereas other Nations, French and Spaniards, Lubeckers, etc. did pay? This plea being null, they had recourse to another, that by the Laws of Nature and Nations, the Sea was free. This defence seemed intolerable to K. james, and upon complaint of the Lord Ambassador Carlton at the Hague, they gave his Majesty this most satisfactory Answer: that the Commissioners went beyond their limits in their terms of Immemorial possession, and immutable Droict de Gens; for which they had no order. All that K. james could obtain from their now High and Mighties, was a verbal acknowledgement of His Right, whilst it was more and more invaded daily. The Prince of Orange at that time made a motion to the Lord Carleton, about purchasing the Freedom of Fishing with a Sum of ready money. But He replied It was a matter of Royalty. The insolence growing every day greater and greater, and they proceeding to impede, obstruct and destroy the Fishery of his Majesty's Subjects, King Charles the First did solicit them about redress: and finding the States intractable, in 1636. He issued out a Proclamation, to restrain the Fishing in the British Seas without Licence obtained: and seconded it with a Fleet of Ships commanded by Algernon Earl of Northumberland, as Lord High Admiral of England. Who with much honour acquitted himself of that employment: the Journal of his expedition, signed with his own hand, is preserved in the Paper Office; and I find thereby, that upon the appearance of the English Fleet, the Dutch Busses did take Licenses of his Lordship, so that He distributed two hundred, though he went out late in the year. He exacted twelve pence in the Ton from each Vessel; and avows they departed away well satisfied. The Busses were not defensless, as the Considerer says, but guarded by ten men of War, or more; and Aug. 20. 1636. whilst his Lordship was busied in dispersing his Licenses the Dutch Admiral Dorp came to him, saluted him with loring his Topsail, striking of the Flagg, and discharging of Guns, and came aboard of Him: He had in his company 20 Men of War, which (if joined with the other Wafters) made a greater Fleet than that of the English, yet did he never protest against the actings of the said Earl, but left his Lordship freely to pursue his design upon the Busses. The sum which his Lordship received for Licenses was 501 l.— 15 s.— 2 d; besides which at that time, I find that the Dutch paid to Capt. Carteret, Capt. Lyndsey, Capt. Slingsby, Capt. johnson, and Mr. Skinner 999 l. for Convoy-Mony. It is not to be doubted but King Charles the first had vigorously asserted the English rights and Sovereignty of the Sea, the Earl of Northumberland being High Admiral, had not the Scotch troubles diverted his cares: the which troubles and wars were chiefly fomented by these peace-loving Christians of Holland, that he might not attend unto his Dominion of the Seas. I observed in the perusal of the journal, that when his Lordship was returned and at anchor in the Downs, he received notice of the arrival of a Spanish Fleet of 26 sail near Dunkirk, who in the sight of Calais did their duties to his Majesty's Ship called the Happy entrance. Concerning the Scottish fishery it may not be impertinent to fortify the rights of his Majesty: by showing his Original Title to a great part of it; and it is this. The Kings of Norwey exercised an absolute dominion time out of mind over the Seas adjacent to Norway, Island, Shotland, joh. Pentan. discuss. histor. l. 1. c. 21. and the Isles of Orkney, and in a manner over all that part of the North Sea: nor could any foreigner practice fishing there but by his leave and Licence, (the which Licence was renewed every seven years by the English) as appears by many Leagues and compacts betwixt that Crown and the English, and also betwixt it and other Nations: The old Inhabitants of those Scotch Islands are originally Norwegians, and speak that language. Id. ibid. l. 1. c. 17. The Islands Hebrides were conquered from the Norwegians by Alexander the third, King of Scotland, the dominion whereof was confirmed unto him by Magnus' King of Norwey; and the said Session reiterated by Haquin King of Norwey unto Robert Bruce King of Scotland; But all this while Shotland and the Isles of Orkney remained in the hands of the Norwegians, Id ibid. l. 1. c. 17. Selden▪ mare clausum l. 2. c. 31. until Christian the first, King of Denmark and Norwey did marry his daughter Margaret unto james the third, King of Scotland, and upon the marriage did make an absolute surrender of these Islands unto his Son in Law in the Year 1468. together with the jurisdictions thereof. As the Scotch title to those Seas is primarily deduced from the Kings of Norwey, so their jurisdiction and Sovereignty over those Seas is the same, with that which those Kings possessed: But the Kings of Norway had an entire dominion and right of disposal over the fishing in those parts, joh. Pentan. discuss. histor. l. 1. c. 21. so that none could come and fish there upon pain of death, without Licence obtained. All which is averred and proved out of the Danish records by joannes Isaeius Pontanus a Dutch writer, of Harderwick in Guilderland, and Historiographer to the King of Denmark. This discourse doth further justify the present King of England in his rights unto the British Seas, in that He is not singular in challenging the Dominion of the Seas, and the particular regality of the Fishing, the like having been immemorially challenged by the Kings of Denmark and Norwey. Io. Loce●nius de jure ma●●●imo. l. 1. c. 9 The like Royalty as to fishing is practised by the Kings of Sweden, who hath in some of his Seas the tenths of the fish, elsewhere he disposeth of his Royalty by special Licenses. The same is done in Spain, Jo. Palatius de domin. maris, lib. 2 c. 10. Jacob. Gothof●edus de Imperio maris c. 8. & 12. and Portugal, Venice, etc. This Universal Sovereignty and Dominion of his Majesty over the British Seas, hath been acknowledged by Foreigners time out of mind, (even safe conducts and passports desired through His Seas) and is justified by the precedents of the Rhodians, the Romans and others, which to relate now were too prolix a work. As to the Right by which His Majesty holds this Sovereignty, it is a better Title than most Princes can show for their Kingdoms and Principalities; Territoriu: dicitur de Terris & de Aquis. Alberi●. Genil. de jure be●●i l. 3 c 17. Arnold. in v●●b. Territorium num. 2. Per hanc longissimam possessionem consecuti sunt venet●, ut non ●encantur ●itulum acquisitionis probate. Covarru●ias in reg. possessor malae fidei pa●. 2. sect. 3. num. 7. & sect. 3. num. 2. Haec enim praescriptio non requirit titulum sed vim habet tituli. Cravet de antiq. temp. part. 4. sect. absolutis differentiis. n●mer. 9 Borchol in cap. un. quae sint regal. num. 27. & dicitur inducere T●tulum. Thesaur. lib. 1. quaest. 8. number. 11. & pa●ere praescriptionem juris & de jure, contra quam non admittitur probatio. Cravet. dicto loco. num. 6●. Peregr. lib. 1. de jur. size. tit. 2. num. 65. cum aliis quos ibi allogant. Quoniam aequipollet veritati, & pro veritate habetur. Borchol. d. loco. Arnold. in verbo Praescriptio num. 27. Julius Pacius the domin. maris. Hadriat. Joan. Palatius the domin. Maris. l. 2. c. 10. Alberic●s Gentilis de jure belli l. 1. c. 22. Grotius de jure lelli lib. 2. c. 4. It is a prescription truly immemorial: we cannot tell the Time when we had it not; nor by what degrees we arose up to it; But we can thus fortify it beyond that of Venice, that it was never disputed by any except the Dutch, and that within the memory of this present Age; and they so disputed it at first, as to acknowledge our Right, but yet to plead an exemption as to fishing (in nothing else) by virtue of the Capitulations of Intercourse betwixt the English and House of Burgundy: the vanity of which claim being so notorious, they at last began to be so impudent and insolent, as to renounce the Concessions of the Burgundians, and their own, and now to plead universally that the Sea is the Lord's, and not capable of, or subjected to the Dominion of any Prince, or State. It is an unparallelled and most imprudent attempt for these up-starts to shake thus the Tenors not only of Kings, but even private persons, and to deny that an Immemorial quiet possession of a Land, or Territory (the Sea is called a Territory) is a just Title thereunto: whereas hitherto it hath been allowed by those that treat of the Laws of Nations, that he who can allege this, needs not to prove his Acquest and Title: That prescription doth not require any Right, but supplies it; and doth itself create a Right; nor ought there any proof to be admitted against it. Nothing is more received amongst Mankind, than that Prescription and Long Usage should be deemed equivalent to mutual pacts and the assent of the voisinage: And that practice seems to be adjudged to be legitimate, where all parties, though otherwise interessed to oppose it, do without any extraordinary awe, or other indirect motive, silently and peaceably acquiesce. jephtha when the Ammonites demanded that the Israelites should surrender up the Cities held by them on that side jordan; Judges 11.26. replied that the Israelites had possessed them three hundred years, during all which time the Ammonites had not redemanded them. The Law of Nations doth generally allow a lesser space to authenticate a Prescription and just Occupancy: It is esteemed to have an Immemorial prescription, the contrary whereof no man can say He ever saw done, or heard related by others to have been done: Alleric. Gentilis de jure bell●. l. 1. c. 22. Livius lib. 34. Grotius de ●ure belli l. 2. c. 4. sect. 7. and 'tis commonly declared that one hundred years of usage or possession do suffice to determine the controversy. Our case is such that I need not make use of this last plea (though so many allow of it; and Rome urged it against Antiochus) 'tis really Immemorial, and consequently as valid morally as if it had been conferred upon us at the primitive distribution of Lands: except there can be produced most unanswerable reasons to the contrary. I shall therefore examine the Reason all edged by the Dutch to invalidate this Prescription and long occupancy of his Majesty. The Considerer allegeth but one; which is, That the Dominion of the Sea appertains to God alone, in the judgement of the State's General; and the King of England doth usurp upon the divine prerogative, by assumeing it to himself. I answer, that in the judgement of them that are as intelligent and more honest than the State's General, The Dominion of God Almighty over the Land is as much appropriated to Him, as that over the Seas: Since that the same Scripture which saith that The Sea is his, and he made it: doth likewise inform us, that His hands prepared the dry land, Ps. 95.5. and that The Earth is the Lord's, and the fullness thereof; the world and they that dwell therein. Ps. 24.1. So that without a more express declaration, a more revealed will of God, we cannot conclude from the Text any thing else then the General providential Sovereignty of God, which (where He doth not in a particular manner publish his Will; as when He gave the Israelites the land of Canaan) doth no way enterfere with, or exclude Humane propriety: Otherwise the Earth must likewise become common, and All people live Free from Subjection to any Government. As to this last point, Cur in opprobrium vestrum jactabitur hoc proverbium, quod edicta vestra tridua●a duntaxat sint? M. Schoockius de Imper. Marit. c. 30. I find M. Schoockius (a Belgic Professor) to write, that 'tis proverbially said in the United Netherlands, That the Placaets of the State's General are not in force beyond three days: But they ought not to oblige one minute, since the world and they that dwell therein are the Lords. Of all the Arguments which ever I read in behalf of the freedom of the Sea, this is the most Fanatical. If it were granted, that the Kings of England, France, Denmark, Sweden, etc. were Usurpers upon the rights of God Almighty, what Commission have these wicked Hollanders to vindicate them? Si qua Gens unquam tribus hisce peccatis, superbiae, luxuriae, avaritiae, aperto capite, ela●o brachio, & plenam animi dost natione, vacavi●; nae, nos Belge longissimè eandem superavimus. Quorsum exaggerem Sodomae Gomorrha que peccata? Clamour eorum multus est, Gen. 18.20. Hoc uno forte distamus à verâ Sodomâ, quod hic pauperis, & egen. is manus confirmetur. M. Schoock. ib. c. 27. a people worse than Sodom and Gomorrah (if you believe M. Schoockius) the most unworthy Delegates in this world. Who made these Skellums to be of the Star-chamber? May they run before they are sent? Are all Apostles? But, to wave this foolish pretence; I will for the instruction of the more ignorant, remove such Objections as men of more High and Mighty reason then the State's General, do press vehemently against the dominion of the Sea. 1. The nature of the Sea is such, Io Palatius de Domin. Maris, l. 1. c. 3. that it is in a perpetual flux, and never settles in any certain place; therefore it is not capable of being subjected under a certain dominion, possession, or prescription. I answer, that though it be not strictly and Physically the same, it continues to be so Legally, and in respect of its Bottom, Sand, and Channel. If this Objection were valid, even Rivers would not be subject to impropriation: they do continually flow, and, which is more, without reflux: and the same reason would render every man uncapable of a Legacy, or Inheritance; because a constant transpiration varieth our bodies. Seneca. In idem flumen bis non descendimus: Neither do we twice swim in the same river, nor are we the same persons who attempt to swim twice within the same channel. Besides, a man may retain a propriety in things variable; as in money lent, and to be repaid in specie, not numerically. A man may have a right unto the Air, or Light, and an Action lieth in case of Nuisance. And shall a remedy be allowed in case an encroaching Neighbour doth obstruct the Light, or annoy the Air; and shall not a Prince take care that no Foreign Fleets shall, without warning and licence, approach his territories? Provision in this case is much more allowable, by how much greater the danger is. 2. There cannot be any peculiar and distinct bounds prefixed to particular dominions upon the Seas: and since nothing can be privately possessed which is not bounded; therefore God and Nature seem to have ordained the Seas to be free, since it is not limitable. I answer, That the Inundation of Nile, and the Storms upon the Libyan Sands do render the bounds undistinguishable; yet are the Lands subject to propriety. Besides, the Shores, Promontories, etc. may stand as well for Sea-bounds, as Trees, Posts, Hedges, Rivers, etc. are bounds on Land: and where they fail, Imaginary Lines and Contrivances may supply the defect; since we are no more in Contracts betwixt Princes to expect rigour of Law (but Aequum & bonum) then in mixed Mathematics indivisible Points and Lines. Several Leagues of this nature have been made betwixt Spain and Portugal, Sweden and Denmark. In fine, are not the Seas distinct, as the Hadriatick. Ligurian, Tyrrhene, and in the Articles of Breda the British and North-Sea? yet are there no precise and Geometrical bounds to them. 3. If the Sea can be reduced under any dominion, then may the Commerce be hindered by the Proprietor of the same, as to such as He pleaseth. But Commerce ought to be free according to the Law of Nature, and Nations; and the denial thereof, (as also the denying of an innocent passage) or the laying an extraordinary Tax for Licence to pass, (which is in effect a denial of Passage and Commerce) is a just cause of War. Therefore the Sea ought to be free. I answer, that perhaps the pretence of wants not to be supplied but by Commerce is not serious and real; but if it be, it doth not follow that our domestic indigency and necessities are to be remedied by the detriment or injury of others, but we must purchase the opportunities of a supply by complying with the conveniencies of our Neighbours. No man must trespass upon another's ground, because He cannot otherwise attend unto his own utility. The freedom of Commerce and passage are no solid Arguments, when insisted upon by Hollanders: both may be refused, if there be a suspicion of danger. I concur with Albericus Gentilis herein. I am of St. Augustine's mind (who held the opinion of Grotius in these cases) provided I may have befitting security that the persons trading or passing will not hurt me; Teneo cum Augustino, fi nec timend●m sit ne noceatur; & certum sit noceri non posse. Alb. Gentil. de jure belli, l. 1. c. 19 and that I be ascertained that they cannot hurt me. This is conformable to sundry Scriptural examples, and the Resolutions of all Ages, before and since Christianity. Nor doth the imposition of a Tribute for the Fishing, or erecting and preserving of Sea-m●rks, and Light-houses, or Convoy-mony infringe the Liberty of Commerce, julius Pa●●us de domin. Maris Hadriat. I. Palat. de dom. Maris, l. ●. c. 13 but continue it with Security. I do not find that the Dutch have contested thus about the Customs upon the Rhine, or plead that 'tis unlawful to pay Toll upon the passage of several Highways and Bridges in order to the repairing of them: Eleganter Baldus in l. qu●dam. D. the rer divi●: a●● mare esse commune q●o●d usum; proprietatem vero nullius; sed jurisdicti●nem esse Principi●● de ●ua jurisdictione in praesentiâ agitur non de proprietate. Jul. Pacius de domin. Maris H●driat. yet a Logician of Holland would by the same reasons condemn those exactions, and deny tribute to whom tribute is due. To conclude this point: After so many Treatises and fierce disputes concerning the dominion of the Sea, upon mature consideration, the Controversy is now reduced to this State: that as to property the Sea can fall to no man's dominion, by reason of its fluxile nature: but as to a Sovereignty of Protection, and jurisdiction, whereby Tributes are imposed for the defraying of Convoys, providing of Sea-marks, etc. and Fishing: This may be assumed, and is lawful as to particular Seas, and Gulfs; but as to the vast Ocean, whose bounds are unknown, and whose extent makes the Sovereignty to be unfaisible, this is denied. Thus Io. Isac. Pontanus, Io. Isac. Pontanus discus. Hist. l. 1. c. 13. and others do decide the Controversy: And this decision establisheth the King of England's Right, whose Seas are not boundless, nor incapable of the aforesaid Dominion of jurisdiction. Propitio ac mediis benedicente D. o, quamdiu salva erit Belgis faederatis haec Maris potentia, salua quoque erit respub. concidet verò & transibit in manum illius, qui eandem eripuerit & obtinuerit. M. Schoockius de Imper. Marit. c. 28. Non debet verò haec maris potentia ita intelligi, quasi vastus Oceanus, in quo nulli limites definiri possunt, dominii capax sit; sed quòd quidam Armis praevalentes, aut in eo Imperium affectârint, aut in Mari Mediterraneo, quod neutiquam cum Oceano ipso componi potest, reipsâ quoque Imperium illud exercuerint, magis alios prohibendo illius maris usu, quam reipsa, possederint, id. ibid. c. 2. Such a Dominion the Dutch Professor saith is practicable, and necessary for the Hollanders; thereby to secure their vast Trade into all parts of the world, and exclude others from Merchandising into the richest parts. From whence we may gather what we are to expect from the prevalence of the Dutch, viz. to be prohibited trading through the Seas, but to what places, and on what conditions they please: And whilst our King shall be decried as an Usurper of the Divine Right by challenging the dominion of the Sea; These Hollanders shall affect and assume (without any such Usurpation) the dominion over the Seas. Which is all one in effect, the discrepancy is but verbal, and such as any one may see into, who is not infatuated with the specious and pious harangues of the peace-loving Christians in Holland. Another Argument enforced by Them here against his Majesty's lawful dominion over the British Seas, is this; that since the Subjects of their State do only subsist by Commerce, and consequently by the Liberty of the Seas; should they acknowledge the said Sovereignty of his Majesty and the effects and consequences thereof be reduced into practice upon them; they should be brought to such a condition, as to expect no less than an apparent and inevitable ruin after some time. And that, since the King of England challengeth not only the Channel, but also the North Sea, and a great part of the Ocean, as the British Sea; They should not be able to set sail out of their Ports any whither, but by the Grace and Favour of the King of England.— To this I reply, That the King of England by pursuing his own Rights doth them no wrong: But the Dutch by entrenching thereupon do his Majesty apparent injury, and violate all Divine and Humane Laws, whereby Propriety is established and secured to particular Princes and persons, and that community of all things by nature is by a Subsequent and intervenient Right limited and restrained. And that this may be done according to the Law of Nations, and the general Equity, no Divine or Civilian can deny or disprove: Probatur hoc fieri posse, quia mare cum sit nullius, naturali ratione proinde jure Gentium conceditur occupanti, u caetera quae communia dicuntur, l. 3. in pr. D. de acquir. rer. domin. § ferae verse. quod enim. Instit de rer. divis. glow. in § & quidem. In ver. communia. Instit. eod. Julius Pacias de dom. mar. Hadriat. and there is as to this case no difference betwixt the Sea and Land. There is not any inability in the nature of the Sea, as is granted by their Writers (except as to the vast Ocean, and that too in reference to its utmost and unknown extent, not as to determinate parts of it) and is evident from the several Kings and Republics which have heretofore, and do now engross the dominion of it. There is not any Divine Precept against it; no dictates of nature repugn thereunto: for whatsoever is common by nature may be imrpopriated by Occupancy: neither can there be a better Title to such things than Occupancy, Prescription, and Custom. And that his Majesty hath this Title entirely, I have evinced, and Mr. Selden before me. Whereas They say, that should any such right be acknowledged to reside in his Majesty, they should not be able to Fish in the North-Sea, or to drive on their necessary Commerce by Navigation: This is no argument for their unjust actings; any more than it would justify upon land that one Prince or private person should usurp upon another's Territories or freehold, because it was most opportune for his Trading, or requisite to his subsistence in a flourishing condition. I do not read that this pretext was ever any cause of War betwixt England and the House of Burgundy: The Turk, Pope, Emperor, and King of Spain might urge the same reason against the Venetian Sovereignty in the Adriatic Sea; there not being the least part of a passage for their adjacent Subjects, which is not, in respect of their pretended Sovereignty, belonging to the Republic. But these Princes understand the difference betwixt Right and Wrong; whereas the Dutch comprehend nothing but what is advantageous and disadvantageous. They detain Renneberg, and other strong Towns belonging to the Duke of Bradenburg, the Bishops of Cologne, and Munster, because their Provinces cannot be safe without them. They would usurp our Seas, because they cannot manage their trade without them. And they will seize hereafter upon our principal Ports, because their Navigation cannot be secure without them. Certainly 'tis not a sufficient ground for them to deny his Majesty the Proper Rights of the British Crown, because They do not know How He will use them. They have no reason to imagine that He would entreat them worse than His Royal Predecessors have done, who never made the utmost advantage of their just Rights against the Netherlanders, nor ever practised such a Sovereignty as the Venetians exercise in their Seas. 'Tis true that the case is much altered by their questioning his Royalty, which was never before disputed by them, or any else: and 'tis but equitable that they should be in some manner frank in their acknowledgements, who have been so arrogant in the contest. They that begin a precedent are more criminal than they which follow it; and since they by an ungrateful insolence have instructed others to imitate their demeanour, it is but just th●●. They should contribute to the necessary charges whereupon They put his Majesty to ensure that Royalty, which They above all others (being supported by Queen Elizabeth, and owned for a Free State by the interposition of King james, and strengthened by the surrendry of the Cautionary Towns upon most easy terms) should not have controverted; at least not in so barbarous a manner, as to say, That all the world holds the King of England'● Claim to be impertinent. Whereas it may be with more truth said, That All the world in all Ages, hath and doth justify his Right in general, or in Thesi; And 'tis manifest by the concessions of all Princes concerned, and of the House of Burgundy, and of the Hollanders themselves as to the British Seas; or in Hypothesi▪ Whereas They deny that ever They Fished in our Seas with Licence and permission of the Kings of England: It is a Lie; For since They hold their privilege of Fishing by means of a general Licence or League contracted betwixt the Crown of England and the House of Burgundy; it is manifest that whosoever Fished in the English Seas before, did Fish with a particular Licence, (from which they were then exempted) and that from thenceforward They did Fish all by the General Licence or indult of the Kings of England in that League. I have already showed his Majesty's right unto the Fishery, and How it hath been exerted: and there is Equivocation in what They say concerning the Tribute for Fishing, that They never paid it to the King of England 's father. The Fishing Busses did pay Tonnage-mony for their liberty to Fish, unto the Earl of Northumberland, as Admiral under the present King of England his Father. They, knowing the Legality of the thing, paid it with much satisfaction, not regretting, or protesting against it. The Dutch Admiral Dorp did not except against the actions, much less oppose the said Honourable person: nor do I find that the State's General did remonstrate against that Tonnage-mony as an exorbitant and illegal demand: But, according to the usual demeanour of these Hollanders, They gave it out all over Europe, that they would not pay any more, and that They refused it in 1637. To show that this was but a scattered report, not any public complaint, or refusal of the State's General at that time; behold this Extract of a Letter from Mr. Secretary Windebank to Captain Fog, who at that time commanded five or six Ships under the Earl of Northumberland. ¶ Here hath been a Report raised here that the Hollander's have refused his Majesty's Licenses to Fish in his Seas, pretended to have been offered them by Captain Fielding. But it is utterly mistaken, seeing Captain Fielding was sent to the Busses to offer them protection; His Majesty having understood that the Dunkirkers had prepared great strength to intercept them in their return from the Fishing, which his Majesty in love to them sent Captain Fielding to give them notice of, and to offer them safe conduct. This you are publicly to avow wheresoever there shall be occasion; and to cry down the other discourse as Scandalous and derogatory to his Majesty's Honour. Aug. 10. 1637. Thus you see (to return upon them their own language) It is a Lie that the said Tonnage-money was protested against: It is a Lie, that It was no more demanded: for Captain Fielding did demand it (I am sure by Letters in the Paper-Office) though I have not had leisure to examine what b● received. And it i● a foolish report, to say that The single attempt of the Earl of Northumberland, being violent, could not create any Right: Wh●●eas we do not claim it in right, because it was then paid, but because, as an Immemorial Royalty, it was always due, and acknowledged by ●hem to be so. I cannot allow of that Parenthesis of the Considerer, That violence can create no Right, no not by continuance. For, if Prescription of an hundred years (or less time, according to particular Countries) does create a Right, how violent and unjust soever the first Occupancy be,, according to the Law of Nations, which formally approves thereof even betwixt Prince and Prince: and fundamentally according to the Law of Nature, Io. Palatius de domin. maris l. 1. c. 13. which disposeth us to mutual peace, and amicable Society, and to the means conducing thereto, in the number whereof is Prescription, Occupancy, and Custom; How then can He say that Violence can never create a Right? How do they hold their Freedom, but by violence? Are these the Principles of the Peace-loving Hollanders? Do not these suggestions tend to the involving of all the World in Blood! As to the meeting of the Yatc●t with the Fleet under Van Ghent in the North-sea, and their not striking Sail or Flag: The Considerer yields it to be a Ship of War by reason of its Equipage, Selden Mare claus. l. 2. c. 15. Commission, and Standard: and so it was according to the precedents of our Law, which styles Barges and Ballingers, if armed for War, to be Ships of War, But neither He, nor any man else can say that The refusal to lower the Topsail and strike the Flag, was not a breach of the Treaty at Breda. It is alleged, that This happened in the North-sea, which is not the British Sea, being distinguished there from in all Sea-plats, yea, in the English Map, and (which in this case is an invincible Argument) by reason that in the seventh Article of the Treaty at Breda the same are distinctly mentioned one from the other; where it is expressedly said, that All Ships and Merchandises, which within twelve days after the peace are taken in the British Sea, and the North-Sea, shall continue in propriety to the Seizer.— Out of which it plainly appears, that even according to the King of England's sense, the North-sea differs in reality from the British Sea.— These reasons are so far from being invincible, that they are null and altogether invalid. For the Argument from popular maps and vulgar Sea-plats imports nothing at all: Those being made for common instruction in such cases as they are usually made for: but not to decide Cases at Law. There are several Counties in England, which are not specified in the Maps, which yet the Laws do exempt from those in which the Maps do include them. The distinction in the Article at Breda betwixt the British and North Sea, is popular, and mentioned only to prevent future quarrels about Prizes taken, not to decide the King's Rights unto that Sea, as one of the four Seas: and, that taking place, 'tis not an invincible argument, but an affected ignorance in this Hollander to urge it here. In the Treaty at Torstrop betwixt the Dane and Swede, I read that Schonen and Wien were distinctly named, and consented unto by the Dane to be transferred unto the Swede: and in a subsequent Agreement at Roskild the Swede hath only Schone● transferred by name; hereupon He claims also Wien, the Danes deny the rendition, and evade it as the Dutch do now: the King of Sweden rejoins thus, and any man may accommodate the passage to our Case. Though the Danes do grant there hath ever been a Joint Alienation of the said Isle with Schonen; See the King of sweden reasons for continuing the War with Denmark, Printed at London, 165●. nevertheless, they would fain wave this by an odd Exception, pretending that Wien could not really be alienated as a member of Schonen, because in the Treaty Wien is expressly named as well as Schonen, which they allege need not have been, had it been inclusive in Schonen. But this poor plea, is of little importance, if it be observed, that in the Charter of Alienation, where Wien is separately named with Schonen, there also Lister is separately named with the Province of Blekingen, which however the Danes do unanimously acknowledge to be a part of Blekingen; it being distinctly named rather for prevention of further disputes, than out of necessity, Nam c●ausula abundans non nocet, ut nec ejus absentia obest. I shall conclude with two brief observations upon the remaining part of this Paragraph, not yet replied unto. 1. The Considerer saith that the striking of the Flag is but a Civility to his Majesty's Ships, and consequently not to be enforced, but must proceed from a free willingness and an unconstrained mind in those that show such respect.— They that will not learn manners, must be taught them; yet 'tis a difficult task to teach the Boors of Holland. But where did He learn that the striking of the Flag in the British Seas was merely an Act of respect? Or How can he say, that the Dutch, or others, might not be constrained to strike, considering the Instructions of our Admiral, Mss. Commentar. de rebus Admiral. fol. 28. Selden More claus. l. 2. c. 26. and the usage of England? Whosoever refuseth to strike, is to be prosecuted as a Rebel, not as an uncivil person And I find that the Crown of France, where it pretends to any Sovereignty of the Sea, doth enforce the striking of the Sail and Flag in an uncivil manner, Zouche de jure faeciali, part. 2. sect. 8. qu. Virum quod Nau●ae, principis alterius navi bellicae vela non submittant, Navis pro pradâ capi possit? since those that refuse to do it, are to be attaqued with Canonshot, and, if taken, their Ships confiscated. The same is done by the State of Venice, and universally. The World is coming to a fine pass when these Butter-boxes presume to teach all Europe Civility! 2. The Considerer saith, that since the Yatcht did not meet with any single Ships, or Vessels of the States, but run in amongst a Fle●t riding at Anchor, It cannot be maintained with any fundamental reasons, that the Lord Van Ghen● by virtue of the said Article was obliged to strike.— I answer, that the Article doth make it Fundamental to the Peace; and the Admiral's Instructions, and the Usage of England do expound the same sufficiently to the prejudice of Van Ghent. Is this the sincerity, the bona fides, with which they observe the Treaty? Our Laws and Customs of the Admiralty know no distinction betwixt a Ship or Fleet found riding at Anchor, or met under sail: Nor do they distinguish betwixt a casual meeting, and a voluntary seeking of Foreign Ships, o● Fleets: nor whether our Ships be at Anchor, and the Foreigner under sail; or both be Navigating: And it is the duty of our Men of War, in case they discover, or hear of any foreign Ships, or Fleets upon our Seas, to make up to them, and to see whither they come in a peaceable or hostile manner, by demanding them to strike their Sails and Flags. I need not add any thing to this point, every one may sufficiently comprehend the Case, but these Hollanders that will not understand it. The conclusion of this Paragraph doth manifest the Integrity of his Majesty in the penning of His Declaration; seeing that the Considerer acknowledgeth, That the State's General did offer to strike the Flag and Sail unto his Ships of the Navy Royal, upon condition He would assist th●m in this juncture (for that they mean by his observing the Triple Alliance) and provided no construction thence should be made to prejudice them in the free use of the Seas, viz. in reference to Fishing, as well as Sailing. It is hence evident, that His Majesty did not represent the arrogance of the Dutch in so heinous a manner, as He might have done without injuring them. The Considerer hath done it; and I refer it to the consideration of all Englishmen. Thus I have exactly replied unto all that the Considerer hath alleged against the Declaration of his Majesty, and what else He hath written in reference to the present Quarrel: and I think I have made it evident to the meanest capacity, that the present War is authorized by all those circumstances which make it Just, and Honourable, and Necessary. I intent in a Second part to address myself to my fellow-subjects▪ as the Considerer doth to his, and excite them to do no less to avert injuries, and defend their Honour and the Rights of His Majesty▪ than He exhorteth the Dutch, to do, contrary to all right, to our detriment and dishonour: I will therein show those that were concerned for the War against the Dutch under the pretended Commonwealth, that the Quarrel is fundamentally the same now that it was then, and that they cannot have any tenderness for the Hollanders at this time● who did so heinously complain of their Oppressions and Usurpations then: The Hollanders are the selfsame People still; As much Hollanders in Europe, as they are at japan, or ever were at Amboyna: I know not why we should not demonstrate ourselves all to be as true● English men; And to convince such persons, I will Print the Speech of Mr. St. john's, their Ambassador to the States, at the Hague, during the pretended Commonwealth. FINIS.