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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A30455 Six papers by Gilbert Burnet. Burnet, Gilbert, 1643-1715. 1687 (1687) Wing B5912; ESTC R26572 63,527 69

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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 Counc●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 c●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 ●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 ●ass Annul and Discharge all Oaths whatsoever by which any of Our Subjects are incapac●●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 a●d Authority And to this effect● we do by Our Roya● Authority aforesaid Stop 〈◊〉 and Di●pense with all Laws enjoyning the said Oaths T●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 Pers●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 inna●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 pr●v●ding also that they R●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 p●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
Goods lyke as by the third Act 1. P. of K. Ja. 1. and 37. Act of his second Parliament and be the 9. Act of 13. P. K. James 2. and 144. Act 12. P. K. James 6. And diverse and Sundry other Law● and Acts of Parliament of this our Kingdome It is declared High Treason for any of our Subjects to Recept Supply or Intercomon with declared or Forfaulted Traitors or give them Meat Drink Hous Harbour or any Relief or Comfort and if they do in the Contra●r they are to undergo the same Pains the ●aid Traitors or Rebels ought to have sustained if they had be in ap●rehended Nevertheless It is of Verity that the said Doctor Gilbert Burnet shaking off all Fear of God Conscience and Sense of Duty Allegeance ●nd Loyalty to Us his So●eraign and N●●ive Prince upon the Safetie of whose Person and Maintainance of who●e Soveraign Authority and Princely Power the Happiness Stabili●●e and Quyetness of our Subjects do depend 〈◊〉 most perfidiously and treasonably presumed to commit and it guilty of the Crimes above mentioned in 〈…〉 Archbald Campbel sometime Earl of Argyle Iames Stewart Sone to Sir Iames Stewart sometime Provost of Edinburgh Mr. Robert Ferguson sometime Chaplain to the late Earl of Shaftsbury Thomas Stewart of Cultness Willi●●n Denhol● sometime of West-sh●ls Master Robert Martin sometime Clerk to our Justice Court and 〈…〉 Rebells and Traitors being most justly by our High Courts of Parliament and Justice Court Forfaulted for the Crimes of Treason and fled to our Kingdom of England and to Holland Flanders Geneva and several other places The said Dr. Gilbert Burnet did upon the First Second and remanent days of the moneths of Ianuary February and remanent months of the year One thousand six hundred eighty two one thousand six hundred eighty three one thousand six hundred eighty four or Ianuary February March or April one thousand six hundred eighty five Converse Correspond and Intercomon with the said Archbald late Earl of Argyle a Forfaulted Traitor and that within the said Doctor Burnet his dwell●● 〈◊〉 in Lincolns Inn-Fields near the Plew-Inn in our City of London or Suburbs thereof or some other part or pl●●e within our Kingdom of England Defamed Slandered and Reproached and Advisedlie spoke to the Dis●ain and Reproach of our ●erson Government and Authority wrote several Letters and rece●ved Answers thereto from the said Forefaulted Traitor when he was in Holland or elsewhere expressely contrary to his Duty and Allegeance to Us his Soveraign Lord and King And suklik upon the first second and third dayes of the moneths of May Iune Iuly August September October November and December one thousand six hundred eighty five and upon the first second and third days o● the moneths of Ianuary February and remnant moneths of the year one thousand six hundred eighty ●ex and first second and third days of the moneths of Ianuary February March one thousand six hundred eighty seven or ane or other of the days of ane or other of the said moneths or years The said Doctor Gilbert Burnet did most treasonabile Recept Supplied Aid●●d Assisted Conversed and Intercomoned with and did favour● to the said Iames Steward Mr. Robert-Ferguson Thomas Stewart William Den●olin and Mr. Robert Martyn forfaulted Traitors and Rebels in the Cities of R●terdam Amsterdam Leyden Breda Geneva or some other part or place within the Netherlands or elsewhere publickly and avowedly uttered several speeches and positions to the disdain of our Person Authority and Government continues and persists in such undutiful and treasonable practises against Us and Our Government we being his Soveraign Lord and Prince expreis contrair to his Allegeance and Duty By committing of the whilk Crimes above specifyed or either of them The said Doctor Burnet is guilty and culpable of the Crime of High Treason and is Art and Part thereof which being found to be one Inqu●ist● he ought and should to suffer Fortaulture of Life Land and Goods to the Terror and Example of others to commit the like hereafter Our Will is Hearfor and we char●e you straitlie and Command that incontinent this our Letter seen yee pass and in our Name and Autho●ie C●mmand and Charge the said Doctor Gilbert Burnet above complained upon be sound of Trumpet with 〈…〉 and using other Solemnitie● necessar to come and find sufficient Caution and Sovertie afte● in our Books of Adjournal that he shall compeir b●fore our Lords Justice General Justice Cl●●●k and 〈◊〉 of ●●sticiary within the T●●baith or Criminal Court house of Edinburgh the twentie sevinth day of Iune next to come in the hour of Caus ther● to underlye the Law for the Crimes above-mentioned and that 〈…〉 Paines contained in the new Acts of Parliament And that yee charge him personally if he can be apprehended and falizeing thereof at his dwelling at his dwelling-house and be open Pro●●mation at the 〈…〉 of the head Burgh of the Shyre Stewartie Regalitie and other Jur●sction where he dwells to come and find the said Sovertie acted in maner forsaid within six dayes if he be within this our Kingdome and if he be cut with the Samyne that ye command and charge him in maner forsaid be open Proclamation at the Mercat Croce of Edinburgh P●er and Shoar as Leith to come and find the said Sovertie within threescore dayes next after he be●s charged charged be you thereto under the pain of Rebellion and putting of him to our Horn Whilk six and threescore dayes respectively being by past and the said Sovertie not being found nor no intimation made by him to you of the finding thereof that ye incontinet hereefter denounce him our Rebel and put him to our Horn Escheat and in ●ring all his moveable Goods and geir to our Use for his Contemption and Disobedience And if he come and find the said Sovertie in●imation always being made be him to you of the finding thereof that summoned and Assyse hereto not exceeding the number of 〈…〉 five Persons together with such 〈◊〉 who best know the Veritie of the Premises whose Names shall be given you in Roll subscribed by the said Complain●● ●●k person under the pain of ane hundred Merks And that ye within fift●●n dayes after his 〈◊〉 for not sin●ing of Caution Caus registrate thi● Our 〈◊〉 with your Execution thereof 〈…〉 Justice as ye will answer to Us thereupon the whilk to do Commits to you conjunctly and severallie Our full power be thir Our Letters delyvering them be yow duelie Execute and Indor●●t again tot he Bearer Given under Our Seal at Edenburgh the nyneteinth day of April and of Our Reign the third Year 1978. Ex deliberatione Dominorum Commissionariorum Iusticiarii sic subscribitur Signed 19. Apryle 1687. Tho. Gordonne The Witnesses against Doctor Gilbert Burnet are Sir Iohn Coohran of O●kll●ree Iohn Cochran of Watersyd Mr. Robert VVest Lawyer Englishman Mr. Zachary Bourne Brewer Englishman Mr. VVilliam Carstalres Preacher Robert Baird Merchant in Holland Mr.