OF A WAR WITH SPAIN. 243 



emperor, upon the matter, hath been judge and 

 party, and hath justiced himself, God forbid but 

 that it should well endure an appeal to a war. For 

 certainly the court of heaven is as well a chancery 

 to save and debar forfeitures, as a court of common 

 law to decide rights ; and there would be work 

 enough in Germany, Italy, and other parts, if im 

 perial forfeitures should go for good titles. 



Thus much for the first ground of war with 

 Spain, being in the nature of a plaint for the 

 recovery of the Palatinate : omitting here that which 

 might be the seed of a larger discourse, and is 

 verified by a number of examples ; that whatsoever 

 is gained by an abusive treaty, ought to be restored 

 &quot; in integrum :&quot; as we see the daily experience of 

 this in civil pleas ; for the images of great things 

 are best seen contracted into small glasses : we see, 

 I say, that all pretorian courts, if any of the parties 

 be entertained or laid asleep, under pretence of 

 arbitrement or accord, and that the other party, 

 during that time, doth cautelously get the start and 

 advantage at common law, though it be to judgment 

 and execution ; yet the pretorian court will set 

 back all things &quot; in statu quo prius,&quot; no respect 

 had to such eviction or dispossession. Lastly, let 

 there be no mistaking ; as if when I speak of a war 

 for the recovery of the Palatinate, I meant, that 

 it must be &quot; in linea recta,&quot; upon that place : for 

 look into &quot; jus iseciale,&quot; and all examples, and it 

 will be found to be without scruple, that after 

 a legation &quot; ad res repetendas,&quot; and a refusal, and 



