the Enemies of GOD but their own which Laws have still been continued of course without design of executing them or any of them ad terrorem only on Supposition that the Papists relying on an External Power were incapable of Duty and true Allegeance to their Natural Soveraigns and Rightful Monarchs We of Our certain Knowledge and long Experience knowing that the Catholicks as it is their Principle to be Good Christians so it is to be dutiful Subjects and that they have likewise on all Occasions shewn themselves Good and Faithful Subjects to Us and Our Royal Predecessors by hazarding and many of them actually losing their Lives and Fortunes in their Defence though of another Religion and the Maintenance of their Authority against the Violences and Treasons of the most violent Abettors of these Laws Do therefore with Advice and Consent of Our Privy Councâ—l by Our Soveraign Authority Prerogative Royal and Absolute Power aforesaid Suspend Stop and disable all Laws or Acts of Parliament Customs or Constitutions made or executed against any of our Roman Catholick Subjects in any time past to all Intents and Purposes making void all Prohibitions therein mentioned pains or penalties therein ordained to be Inflicted so that they shall in all things he as free in all Respects as any of our Protestant Subjects whatsoever not only to Exercise their Religion but to enjoy all Offices Benefices and others which We shall think fit to bestow upon them in all time coming Nevertheless it is Our Will and Pleasure and we do hereby câ—mmand all Catholicks at their highest Pains only to Exercise their Religious Worship in Houses or Chappels and that they presume not to Preach in the open Fields or to invade the Protestant Churches by force under the pains aforesaid to be inflicted upon the Offenders respectively nor shall they presume to make Publick Processions in the High-Streets of any of Our Royal Burghs under the Pains above mentioned And whereas the Obedience and Service of Our Good Subjects is due to Us by their Allegiance and Our Soveraignty and that no Law Custom or Constitution Difference in Religion or other Impediment whatsoever can exempt or discharge the Subjects from their Native Obligations and Duty to the Crown or hinder Us from Protecting and Employing them according to their several Capacities and Our Royal Pleasure nor Restrain us from Conferring Heretable Rights and Priviledges upon them or vacuate or annul these Rights Hereable when they are made or conferred And likewise considering that some Oaths are capable of being wrested â—y Men of sinistrous intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid â—ass Annul and Discharge all Oaths whatsoever by which any of Our Subjects are incapacâ—â—ated or disabled from holding Places or Offices in Our said Kingdom or enjoying their Hereditary Rights and Priviledges discharging the same to be taken or given in any time coming without our special Warrant and Consent under the pains due to the Contempt of Our Royal Commands aâ—d Authority And to this effectâ— we do by Our Royaâ— Authority aforesaid Stop 〈◊〉 and Diâ—pense with all Laws enjoyning the said Oaths Tâ—sts or any of them particularly the first Act of the first Session of the first Parliament of King Charles the Second the Eleventh Act of the foresaid Session of the foresaid Parliament the sixth Act of the third Parliament of the said King Charles the twenty first and twenty fifty Acts of that Parliament and the thirteenth Act of the first Session of * Our late Parliament in so far allanerly as concerns the taking the Oaths or Tests therein prescribed and all others as well not mentioned as mentioned and that in place of them all Our good Subjects or such of them as We or Our Privy Council shall require so to do shall take and swear the following Oath allanerly I A. B. do acknowledge testifie and declare that JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. is rightful King and Supream Governour of these Realms and over all persons therein and that it is unlawful for Subjects on any pretence or for any cause whatsoever to rise in Arms against Him or any Commissionated by Him and that I shall never so rise in Arms nor assist any who shall so do and that I shall never resist His power or Authority nor ever oppose his Authority to his Persâ—n as I shall answer to God but shall to the utmost of my power Assist Defend and Maintain him his Heirs and Lawful Successors in the Exercise of their Absolute Power and Authority against all Deadly So help me God And seeing many of Our good Subjects have before Our pleasure in these Matters was made publick incurred the Guilt appointed by the Acts of Parliament above-mentioned or others We by Our Authority and Absolute power and prerogative Royal above-mentioned of Our certain Knowledge and innaâ—e Mercy Give Our ample and full Indemnity to all those of the Roman-Catholick or popish Religion for all things by them done contrary to Our Laws or Acts of Parliament made in any time past relating to their Religion the Worship and Excercise thereof or for being papists Jesuits or Traffickers for hearing or saying of Mass concealing of Priests or Jesuits breeding their Children Catholicks at home or abroad or any other thing Rite or Doctrrine said performed or maintained by them or any of them And likewise for holding or taking of Places Employments or Offices contrary to any Law or Constitution Advices given to Us or Our Council Actions done or generally any thing performed or said against the known Laws of that Our Ancient Kingdom Excepting always from this Our Royal Indemnity all Murders Assassinations Thefts and such like other Crimes which never used to be comprehended in Our General Acts of Indemnity And we command and require all Our Judges or others concerned to explain this in the most Ample Sense and Meaning Acts of Indemnity at any time have contained Declaring this shall be as good to every one concerned as if they had Our Royal pardon and Remission under Our Great Seal of that Kingdom And likewise indemnifying Our Protestant Subjects from all pains and penalties due for hearing or preaching in Houses providing there be no Treasonable Speeches uttered in the said Conventicles by them in which case the Law is only to take place against the Guilty and none other present prâ—vâ—ding also that they Râ—veal to any of Our Council the Guilt so committed As also execpting all Fines or Effects of Sentences already given And likewise Indemnifying fully and freely all Quakers for their Meetings and Worship in all time past preceeding the publication of these pâ—esents And we doubt not but Our Protestant Subjects will give their Assistance and Concourse hereunto on all Occasions in their respective Capacities In consideration whereof and the ease those of Our
it is a Body united together and by consequence brought under some Regulation and as in all States there are subalterne Judges in whose decisions all must at least acquiesce tho they are not infallible there being still a sort of an apperl to be made to the Sovereign or the supream legislative Body so the Church has a subalterne Jurisdiction but as the authority of inferiour Judges is still regulated and none but the Legislators themselves have an Authority equal to the Law so it is not necessary for the preservation of Peace and Order that the Decisions of the Church should be infallible or of equal Authority with the Scriptures If Judges do so manifestly abuse their Authority that they fall into Rebellon and Treason the Subjects are no more bound to consider them but are obliged to resist them and to maintain their obedience to their Soveraign tho in other matters their Judgment must take place till they are reversed by the Sovereign The case of Religion being then this That Iesus Christ is the Sovereign of the Church the Assembly of the Pastors is only a subalterne Judge if they manifestly oppose themselves to the Screptures which is the Law of Christians particular persons may be supposed as competent Iudges of that as in civil Matters they may be of the Rebellion of the Judges and in that case they are bound still to maintain their Obedience to Jesus Christ. In matters indifferent Christians are bound for the preservation of Peace Unity to acquiesce in the Decisions of the Church and in Matters justly doubtful or of small Consequence tho they are convinced that the Pastors have erred yet they are obliged to be silent and to bear tolerable things rather than make a Breach but if it is visible that the Pastors do Rebel against the Sovereign of the Church I mean Christ the people may put in their Appeal to that great Judge and there it must lie If the Church did use this Authority with due Discretion and the people followed the rules that I have named with humility and modesty there would be no great danger of many Divisions but this is the great Secret of the providence of God that men are still men and both Pastors and People mix their Passions and Interests so with matters of Religion that as there is a great deal of sin and vice still in the World so that appears in the Matters of Religion as well as in other things but the ill Consequences of this tho they are bad enough yet are not equal Effects that ignorant Superstition and obedient Zeal have produced in the World Witness the Rebellions and Wars lot establishing the Worship of Images the Croissades against the Saracens in which many millions were lost those against Hereticks and Princes deposed by Popes which lasted for some Ages and the Massacre of Paris with the Butcheries of the Duke of Alvâ—in the last Age and that of Ireland in this which are I suppose far greater Mischâ—â—â—s that any can be Imagined to 〈◊〉 out of a small Diversâ—â— of Opinions and the present 〈◊〉 of this Church notwithstanding all those unhappy Rents that are in it is a much more desirable thing than the gross Ignorance and blind Superstition that reigns in Italy and Spain at this day IX All these reasonings concerning the Infallibility of the Church signify nothing unless we can certainly know whither we must go for this Decision for while one Party shewes us that it must be in the Pope or is no where and another Party sayes it Cannot be in the Pope because as many Popes have erred so this is a Doctrine that was not known in the Church for a thousand Years and that has been disputed ever since it was first asserted we are in the right to believe both sides first that if it is not in the Pope it is no where and than that certainly it is not in the Pope and it is very Incongruous to say that there is an Insallible Authority in the Church and that yet it is not certain where one must seek for it for the one ought to be as clear as the other and it is also plain that what Primacy so ever St. Peter may be supposed to have had the Scripture sayes not one word of his Successors at Rome so at lâ—st this is not so clear as a matter of this Consequence must have been if Christ had intended to have lodged such an Authority in that See X. It is no less Incongruous to say that this Infallibility is in a General Council for it must be somewhere else otherwise it will return only to the Church by some Starts and after long intervals and as it was not in the Church for the first 320 years so it has not been in the Church these last 120 years It is plain also that there is no Regulation given in the Scriptures concerning this great Assembly who have a right to come and Vote and what forfeit this right and what number must concur in 〈…〉 Infalliâ—â—lity of the Judgment It is certain there was never a General Council of all the Pastors of the Church for those of which we have the Acts were only the Councils of the Roman Empire but for those Churches that were in the South of Africk or the Eastern Parts of Asia beyond the bounds of the Roman Empire as they could not be summoned by the Emperours Authority so it is certain none of them were present unless one or two of Persia at Nice which perhaps was a Corner of Persia belonging to the Empire and unless it can be proved that the Pope has an Absolute Authority to cut off whole Churches from their right of coming to Councils there has been no General Council these last 700 years in the World ever since the Bishops of Rome have excommunicated all the Greek Churches upon such trifling reasons that their own Writers are nâ—w ashmed of them and I will ask no more of a Man of a Competent understanding to satisfy him that the Council of Trent was no General Council acting in that Freedom that became Bishops than that he will be at the pains to read Card. Pallavicins History of that Council XI If it is said that this Infallibility is to be sought for in the Tradition of the Doctrine in all Ages and that every particular Person must examine this here is a Sea before him and instead of examining the small Book of the N. Testament he is involved in a study that must cost a Man an Age to go thro it and many of the Ages thro which he carries this Enquiry are so dark and have produced so few Writers at least so few are preserved to our dayes that it is not possible to find out their belief We find also Traditions have varied so much that it is hard to say that there is much weight to be laid on this way of Conveyance A Tradition concerning Matters of Fact that aâ—l People see
the injustice that is done me and who will in his own Time and Way vindicate my Innocence and under Him I trust to the Protection of the HIGH AND MIGHTY STATES OF HOLLAND AND WEST-FRIESLAND My First Letter to the Earl of Midletoune May it please Your Lordship THE Affairs of these Provinces belonging to Your Lordship's share in the Ministry leads me to make this most humble Address to You and by Your Lordship to His Majesty I have received Advertisements from Scotland that the King has writ to the Privy Council ordering me to be proceeded against for High Treason against His Person and Government and that pursuant to this the King's Advocate has cited me to appear there if any thing in this World can surprise or disorder me this must needs do it For as few have writ more and preacht oftner against all soâ—ts of Treasonable Doctrines and Practices than my Self so all the Discoveries that have been made of late Years have been so far from aspersing me that though there has been disposition enough to find fault with me yet there has not been Matter given so much as for an examination It is now thirteen Years since I came out of Scotland and for these last five years I have not so much as mentioned the commonest News in any Letter I have writ to any in that Kingdom I do not mention Acts of Indemnity because I knâ—w that I do not need the benefit of them I went out of England by His Majesties Approbation and I have stayed out of it because His Majesty expresâ—ed His dâ—slike of my returning to it I am now upon the Point of Marrying in this Countrey and am Naturalized by the Staâ—es of Holland but though by this during my stay here my Allegiance is translated from his Majesty to the Soveraignty of this Province yet I will never depart from the profoundest Respect to his Sacred Person and Duty to his Government since my coming into these parts I have not seen any one Person either of Scotland or England that is Outlawd for Treason and when the King took Exceptions at the Access I had to the Prince and Princess of Orange there was not any thing of this kind objected to me So I protest unto your Lordship I do not so much as imagine upon what it is that those informations which it seems are brough to his Majesty are founded My Lord As I am not ashamed of any thing I have done so I am not afraid of any thing that my Enemies can do to me I can very easily part with a small Estate and with a Life of which I have been long weary and if my Engagements in this Countrey could dispence with it I would not avoid the coming to stand my Tryal but as this cannot be expected in the state in which I am so I humbly throw my self at His Majesties Feet and beg that he may not Condem me so much as in his thoughts till I know what is the Crime tâ—at is Objected to me that so I may offer a most humble Justification of my self to him I shall be infinitely sorry if any Iudgment that may pass on me in Scotland shall oblige me to appear in Print in my own Defence for I cannot betray my own Innocence so far as to suffer a thing of his nature to pass upon me without Printing an Apology for my self in which I will be forced to make a recital of all that share that I have had in Affairs these twenty years past and in which I must mention a vast number of particulars that I am afraid will â—e displeasing to His Majesty and as I will look on this as one of the greatest Misfortunes that can possibly befall me so with all the Duty and Humility in the World I beg I may not be driven to it I will not presume to add one word to your Lordship nor to claim any sort of Favour or Protection from you For I address my self only to your Lordship as you are the Kings Minister for these Provinces My Lord I am with all possible respect May it please your Lordship Your Lordships c. Hague May 10. 1687. The Criminal Letters at the Instance of the Lord Advocate Against Doctor GILBERT BVRNET JAMES c. To our Loviâ—s c. Herauls Pursevants Macers and Messengers at Arms Our Sheriffs in that part conjunctly and severally specially constitute Greeting Forsameâ—kle as it is humbly meaned and complained to Us be Our Right Trustie and Familiar Councellor Sir Iohn Dalrymple the Younger of Stair our Advocate for our Interest upon Doctor Gilbert Burnet That where notwithstanding by the Laws and Act of Parliament and constant practique of this our Kingdom the venting of Slanderous Treasonable and Advised Speeches and Positions and the Reproaching our Person Estate and Government and the Râ—ceptâ—ng Supplying Aiding Assisting Intercomoning with doing Favours to denounced Rebels or forfaulted Traitors are punishable by Forfaulture of Life Land and Goods and particularly by the 1. 3. 4. Act of 8. P. K. Ja. 6. It is Statute Ordainâ—d that non of our Subjects of whatsoever Degaee Estate or Quality shall presume or take upon hand privatelie or publicklie in Sermons Declamation or Familiar Conferences to utter any False Slanderous or untrue Speeches to the Disdain Reproach or Contempt of Us our Council or Proceedings or to the Dishonour hurt or Prejudice of Us or to meddle in our Affairs or Estate by-gone present or in time coming under the pain of Death and Confiscation of Moveables And be the 10 Act 10 P. K. Ja. 6. It is Statue and Ordained that all our Subjects contain themselves in Quietness and dutiful Obedience to Us our Government and Authority and that non of them presume nor take upon hand publicklie to declame or privatelie to speak or write any Purpose of Reproach or Sclander against our Person Estate or Government or to deprave our Laws and Acts of Parliament or misconstrue our Proceedings whereby any Dis-like may be moved betwixt Us our Nobility and loving Subjects in time coming under the Pain of Death and that thes that do in the Contrair shall be repute as Seditious and wicked Instruments Enemies to Us and the Common-weel of this Realm and that the said paine of Death shall be inflicted upon them with all Rigour in Example of others And be the second Act 2. Sess. of the first Parliament of K. Ch. 9. We and our Estates of Parliament do declare that thes Positions that it is Lawful for Subjects upon pretence of Reformation or any other pretence whatsomever to enter into Leagues or Covenants or to take up Arms agaiust Us or thes Commissionat by Us or to putt limitations upon their due Obedience and Allegeance are Rebellious and Treasonable and that all persons who shall by Writing Preaching or other malitious and advysed Speaking Express thes Treasonable Intentions shall be proceeded against and adjudged Traitorâ— and shall suffer forfaulter of Life Lands and