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 vertue of the treaty from the Dutch, though they cannot refuse it without annulling that treaty, but recognised there as a funda. mental of the crown and dignity of the king of England. Such points are not the subject of treaties, and no concessions were valid against them. In such cases we say, Plus in talibus valere quod in recessu mentis occultatur, quam quod verborum formula 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 twenty-third article, is to be imputed to the perfidiousness of the States-General. Not that the private act and obstinacy of the Smyrna ships did make it to beso, but the States-General had justified Van Ghent in the like case; and, by that solemn and notorious violation of the nineteenth article of Breda, in effect declared war against us; 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 vio. late their faith, render themselves incapable of wrong; and it is a vanity to multiply demonstrations of what the Dutch had already made publick. In fine, the laws of war inform us, that the war is sufficiently declared, when all applications and ambassies 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 to be so perverse and obstinate, that all reproofs and warnings would be fruitless, for, say they, He that ploweth ought to plow in hope,' 1 Cor. ix. 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, secing that the chief ground of ambassies, 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, That king by the said right understands the sovereignty of the seas; since speaking of the antiquity of the said right, he adds 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, are 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 nineteenth article, in his memorial, delivered in the name of the king, demanded of the states a plain and clear acknowledgment of the aforesaid pretended sovereignty of the seas.

Every one then can tell of our countrymen, and 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 acknowledgment, hath been the subject of the King of England's complaint. And it is likwise easily to be apprehended, that at present the said acknowledgment is demanded from the states, not by reason of the justice of right to the pretended affair, but only out of a plotted design to war against us, which design could not be put in execution, but by a demand of impossible satisfaction; for which intent, the Ambassador Downing propounded nothing else to the states than the acknowledgment aforesaid, lest having made propositions of other things, he might receive satisfaction for his king, who (he knew) would not be satisfied.

Of what importance the said acknowledgment so demanded is, is not unknown to any of the subjects of this state, whose only subsistence is commerce, and consequently the liberty of the seas. I do believe, that not one single fisherman in our country can be found (be he never so simple) that apprehends not his chicfest interest to consist herein, and that to force the said acknowledgment out of his throat, and thereupon to cause the effects of the said pretended 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 acknowledgment there can, at the best, nothing else be expected from the King of England's grace and favour, than an option and choice of a sudden period, or a lingering disease, which is worse than a precipitated death.

And although the King of England extends not his pretended dominion, further than the British scas, 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 far 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 prove 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 license 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 defenceless 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 afore. said 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 arti. cle; and moreover, that what hath been offered to the King of England, by this state, over and above the obligations of the said article, is so convincing a concession, that we need not fear to refer it to the judgment 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 republicks, meeting at sea with ships of war belonging to crowned heads (to which republicks yield superiority in the world) must give the first salute, either with one or other sign of respect, which respect, notwithstanding, as all other acts of civility, must proceed from a free willingness, and an unconstrained mind, in those that shew the same; yet, it hath often been seen, that the strongest at sea hath forced the weakest to this submission; and that likewise the necessity and manner thereof hath been expressed in articles.

Such is likewise concerning the same agreed on betwixt the King of England and this state, in the said nineteenth 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 lower their top-sail, in the like manner, as formerly hath been customary.

To apprehend the true sense of that article, as it ought to be, let the reader be pleased to take notice, that the same 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 intire 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 out 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 intire fleet of the states, by vertue of the said article, shall be obliged to give the said salute to one single ship of the English; but the said article must be taken for a regulation, according to which single ships and vessels of this state, in point of saluting the ships of England, are to govern themselves.

Now to apply the said article, according to the true sense, to the late accident of the Lord of Ghent; it is, in the first place, to be observed, that the King of England's pleasure-boat (suppose, in respect of her equipage, 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 an chor, (undoubtedly, with a wicked design, to seek matter of complaint) it, with no fundamental reasons, can be maintained, that the Lord of Ghent, by vertue of the said article, was obliged to strike.

Secondly, It is likewise considerable, that the aforesaid article, speaking of meeting, cannot be applied to a formed design, to

cause a quarrel, by requiring, in the uncivilest 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 others, 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 expresly 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; but (vice versa) 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, and 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 intire 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 lower the top-sail, in testimony of their respect and honour, which they, upon all occasions, will publickly shew to so faithful a friend, and so great a monarch: Provided, that from thence no occasion, either now or hereafter, should be taken, or the least inducements given, to hinder or molest the inhabitants and subjects of the United Provinces of the Netherlands, in their free use of the seas: Which declaration the King of England wrongly interprets, because that the same is 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 alledged by the Dutch ambassadors to our king; and if it appear hence, that his majesty would 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 forced) and put him. self, and his dominions, into the power of the Dutch: there is none, then, can doubt, but that the king was unavoidably engaged