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A30328 A collection of eighteen papers relating to the affairs of church & state during the reign of King James the Second (seventeen whereof written in Holland and first printed there) by Gilbert Burnet ... Burnet, Gilbert, 1643-1715. 1689 (1689) Wing B5768; ESTC R3957 183,152 256

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to some Words in the Proclamation that it was thought necessary to set them near one another that the Reader may be able to judge whether he is deceived by any false Quotations or not BY THE KING A PROCLAMATION JAMES R. JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. To all and sundry our good Subjects whom these Presents do or may concern Greeting We having taken into Our Royal Consideration the many and great Inconveniencies which have hapned to that Our Ancient Kingdom of Scotland of late Years through the different Persuasions in the Christian Religion and the great Heats and Animosities amongst the several Professors thereof to the ruine and decay of Trade wasting of Lands extinguishing of Charity contempt of the Royal Power and converting of true Religion and the Fear of GOD into Animosities Names Factions and sometimes into Sacriledge and Treason And being resolved as much as in us lies to unite the Hearts and Affections of Our Subjects to GOD in Religion to Us in Loyalty and to their Neighbours in Christian Love and Charity Have therefore thought fit to Grant and by Our Sovereign Authority Prerogative Royal and Absolute Power which all Our Subjects are to obey without Reserve do hereby give and grant Our Royal Toleration to the several Professors of the Christian Religion after-named with and under the several Conditions Restrictions and Limitations after mentioned In the first place We allow and tolerate the Moderate Presbyterians to Meet in their Private Houses and there to hear all such Ministers as either have or are willing to accept of Our Indulgence allanerly and none other and that there be not any thing said or done contrary to the Well and Peace of Our Reign Seditious or Treasonable under the highest Pains these Crimes will import nor are they to presume to Build Meeting Houses or to use Out-Houses or Barns but only to exercise in their Private Houses as said is In the mean time it is Our Royal Will and Pleasure that Field-Conventicles and such as Preach or Exercise at them or who shall any ways assist or connive at them shall be prosecuted according to the utmost Severity of our Laws made against them seeing from these Rendezvouses of Rebellion so much Disorder hath proceeded and so much Disturbance to the Government and for which after this Our Royal Indulgence for Tender Consciences there is no Excuse left In like manner We do hereby tolerate Quakers to meet and exercise in their Form in any Place or Places appointed for their Worship And considering the Severe and Cruel Laws made against Roman Catholicks therein called Papists in the Minority of Our Royal Grandfather of Glorious Memory without His Consent ☜ and contrary to the Duty of good Subjects by His Regents and other Enemies to their Lawful Sovereign Our Royal Great Grandmother Queen Mary of Blessed and Pious Memory wherein under the pretence of Religion they cloathed the worst of Treasons Factions and Usurpations and made these Laws not as against 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 Allegiance 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 Council 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 be 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 command 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 Heretable when they are made or conferred And likewise considering that some Oaths are capable of being wrested by Men of sinistrous Intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid cass annull and Discharge all Oaths whatsoever by which any of Our Subjects are incapacitated 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 and Authority And to this effect we do by Our Royal Authority aforesaid stop disable and dispense with all Laws enjoyning the said Oaths Tests or any of them particuarly 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 fifth 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
Authority and Princely Power the Happiness Stabilitie and Quyetness of Our Subjects do depend Hes most perfidiously and treasonably presumed to commit and is guilty of the Crimes above mentioned in sua far as Archbald Campbel sometime Earl of Argyle James Stewart Sone to Sir James Stewart sometime Provost of Edinburgh Mr. Robert Ferguson sometime Chaplain to the late Earl of Shaftsbury Thomas Stewart of Cultness William Denholn sometime of Westsheils Master Robert Martin sometime Clerk to our Iustice-Court and several other Rebells and Traitors being most justy by our high Courts of Parliaments and Iustice 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 Doctor Gibert Burnet did upon the First Second and remanent days of the Month of January February and remainent Months of the Year one thousand six hundred eighty two one thousand six hundred eighty three one thousand six hundred eighty four or January February March or Aprile one thousand six hundred eighty five Converse Correspond and Intercommon with the said Archbald late Earl of Argyle a Forfaulted Traitor and that within the said Doctor Burnet his Dwelling-Hous in Lincolns-Inne Fields near the Plow-Inn in our City of London or Suburbs thereof or some other part or place within our Kingdom of England Defamed Sclandered and Reproached and Advisedlie spoke to the Disdain and Reproach of our Person Government and Authority wrote several Letters and receaved Answers thereto from the said Forfaulted Traitor when he was in Holland or elsewhere expressely contrary to his Duty and Allegeance to Vs his Soveraign Lord and King. And suklick upon the first second and third dayes of the Months of May June July August September October November and December one thousand six hundred eighty five and upon the first second and third dayes of the Moneths of January February and remanent Moneths of the Year one thousand six hundred eighty six and first second and third dayes of the Moneths of January February March one thousand six hundrd eighty seven or any or other of the dayes of any or other of the said Moneths or Years The said Doctor Gilbert Burnet did most treasonable Recept Supplied Aided Assisted Conversed and Intercomoned with and did Favours to the said James Stewart Mr. Robert Ferguson Thomas Stewart William Denholm and Mr. Robert Martyn forfaulted Traitors and Rebells in the Cityes of Rotterdam 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 Vs and Our Government We being his Soveraign Lord and Prince expreslie 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 be any Inquest he ought and should to suffer Forfaulture of Life Land and Goods to the Terror and Example of others to commit the like hereafter Our Will is theirfore and we charge you straitlie and Command that incontinent this our Letter seen yee pass and in our Name and Authority Command and Charge the said Doctor Gilbert Burnet above complained upon be sound of Trumpet with displayed Coat and using other Solemnities necessar to come and find sufficient Caution and Sovertie acted in our Books of Adjournal that he shall compeir before our Lords Iustice General Iustice Clerk and Commissioners of Iusticiary within the Tolbuith or Criminal Court-hous of Edinburgh the twentie sevinth day of June next to come in the hour of Caus there to underlie the Law for the Crymes above mentiond and that under the 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-hous and be open Proclamation at the Mercat Cross of the head Burgh of the Shyre Stewartis Regalitie and other Iurisdiction where he dwells to come and find the said Sovertie acted in manner forsaid within six dayes if he be within this our Kingdom and if he be out with the Samyue that ye command and charge him in manner forsaid be open Proclamation at the Mercat Cross of Edinburgh Peer and Shoar of Leith to come and find the said Sovertie within threescore dayes next after he is charged be you thereto under the Paine of Rebellion and putting of him to our Horne Whilst six and threescore dayes respectively being by-past and the said Sovertie not being found nor no Intimation made be him to you of the finding thereof that ye incontinent thereafter denunce him our Rebel and put him to our Horne Escheat and inbring all his moveable Goods and Geir to our use for his Contemption and Disobedience And if he come and find the said Sovertie Intimation alwayes being made be him to yow of the finding thereof that summond and Assyse hereto not exceeding the number of fourtie fyve Persons together with such Witnesses who best know the Veritie of the Premisses whose Names shall be given you in Roll subscribed by the said Complautor Ilk Person under the paine of one hundred Merks And that ye within fiftein dayes after his denunciation for not finding of Caution caus registrate thir Our Letters with your Executions thereof in Our Books of Adjournal conforme to the Act of Parliament made there-anent According to Iustice as ye will answer to Vs thereupon the whilk to doe Committs to yow conjunctly and severallie Our full Power be thir Our Letters delyvering them be yow duelie Execute and Indorsat again to the bearer Given under Our Signet at Edinburgh the nynteinth day of Aprile and of Our Reign the third Year 1678. Ex deliberatione Dominorum Commissionariorum Justiciarii sit subscribitur Signed 19. Apryle 1687. THO. GOFDONNE The Witnesses against Dr. Gilbert Burnet are Sir John Cochran of Ockiltree John Cochran of Wattersyd Mr. Robert West Lawyer Englishman Mr. Zachary Bourne Brewer Englishman Mr. William Carstaires Preacher Robert Baird Merchant in Holland Mr. Richard Baxter Preacher AN ANSWER TO THE Criminal Letters issued out against me I Look upon it as a particular Misfortune that I am forced to answer a Citation that is made in his Majesty's Name which will be ever so sacred with me that nothing but the sense of an Indispensable Duty could draw from me any thing that looks like a contending with that sublime Character I owe the Defence of my own Innocence and of my Reputation and Life to my self I owe also to all my Kindred and Friends to my Religion as I am a Christian and a Protestant and to my Profession as I am a Church-man and above all to His Majesty as I am his born Subject such a Vindication of my Loyalty and Integrity as may make it appear that my not
the States of Holland and West-Friezeland than it is mine It is indeed the Cause of all the Soveraigns in the World and so it is His Majesties own Cause who has so often called the Naturalized French His Subjects and by consequence they owe him an Allegiance and so here must be at least a Temporary Translation of their Allegiance made to him from their Natural Prince And either this must be the same as to those who are Naturalized by the States here or they are not a Soveraign State and by consequence this Cause is theirs and not mine since the Crime of which I am now accused is the acknowledging my self to have become their Subject during my stay here upon their having granted me the Benefit and Protection of Naturalization so that either His Majesty was much mistaken in calling the French that are Naturalized His Subjects or it can be no Crime in me to have owned my self to have become a Temporary Subject to the States And if those who have studied the Roman Law will reflect a little on the Effects that belonged to the Jus Civitatis or the Rights that followed on the being made a Roman Citizen which are the same in all Sovereign States and that Naturalization is with regard to a Prince or State that which Adoption was by the Roman Law with regard to private Families they will see that my Enemies do not reflect enough on the Principles of Law when they pretend to make me a Criminal upon such an account If I had been charged for having desired to be Naturalized I confess there had been some more Colour for it but since it is now a received Practice over all Europe for the Subjects of one State to procure their being Naturalized in another it is unaccountable how any can call in question that tye of Allegiance that he who is Naturalized owes to his New Masters Nor have my Enemies considered how much this way of Proceeding against me must sink the Credit of His Majesties Naturalizing Strangers For how can they expect a constant Protection from him if it is made apparent that the King does not think he has a right to their Allegiance And into what a Consternation must it throw them when they find by my Case that the King looks upon them as so many Traytors for becoming his Subjects and for swearing Allegiance to him For that Oath is sworn in terms that are plain and full and that have not the Qualification that I put in my words of during my stay here so that they are much more Criminal than it can be pretended that I am The other Article is no less Injurious to His Majesty since they would make a Crime out of my Words that mention my Fear that he may be displeased at some things that may be in the Apology that I will be obliged to make for my self to the Writing and Printing of which a Sentence against me will drive me If these Men who have advised this had the regard to his Majesty which they owe him they would not have presumed to infer that it was a Threatning of His Majesty when I say that I must justify my self or that any History of past Transactions can be a want of Duty to him this Consequence of theirs Intimates that his Life or the late King his Brothers cannot bear a true History otherwise where is the threatning But how great a Crime this is will I hope appear to His Majesty when he has the leisure to reflect upon it yet there may be many particulars that I must necessarily bring in in the History that I am writing which have such a Connexion with what relates to my self that I cannot pass them by which yet if it could be avoided may not be fit for publick View Now if my Enemies fancy that is is a Crime for me to justify my self because they have possessed His Majesty against me I could answer this with some famed sayings of Tacitus's that would disturb them a little and if in an humble Groan that I make before His Majesty I mention this as a Consideration that may be of some weight with him they who can turn this Expression of my Duty and Respect into a Crime and are successful in the Attempt have a Talent for which I do not envy them tho I my self come to feel the weight of it At the Hague the 27. of June Old St. 1687. GILBERT BVRNET Dr. BURNET's Vindication of Himself from the Calumnies with which he is aspersed In a Pamphlet entituled Parliamentum Pacificum Licensed by the Earl of Sunderland and Printed at London in March 1688. A Silence for so many Months in which my Name has been so much tossed in Libels as well as in Gazettes has shewed the World with how much uneasiness I am drawn to say any thing in my own Defence when so sacred a Name has been made use of to give an Authority to what has been said or done against me A Christian cannot fail when he goes by so Divine a Pattern as our Saviour himself has set the World. He when he was accused for a great while answered not a word yet at last being required to do it by the High Priest he spoke for himself But when he was reviled he reviled not again In an humble Imitation of that Example as I will return no reviling Words for all those that are so liberally thrown out upon me so the Justifying of my self being now become an Apology for the Protection that is granted me by the States of Holland whose Subject I am as well as for my self I am in some sort forced again to appear in my own Defence If this Pamphlet had not carried such a License as it has in its Front and if the States had not been worse used in it than I my self am I had passed over all the Malice that is in it with the same Silence that I have shewed on other occasions But it being judged necessary that I should plead my own Cause a little since the Protection that the States give me has made it now likewise theirs and that it may appear that they have no just Reason to be ashamed of me I shall Answer all that relates to my self except the foul Language that is in it But I will repeat nothing that was in the Paper that I publisht last June in which I set down the first Citation together with the Answer that I made to it and my Letters to the Earl of Middletoune together with some Reflections upon the whole Matter so I offer this only as a Supplement to that Paper I will begin with setting down the second Citation after I have made this short Remark on the first That those very Persons for conversing with whom I was accused in it being now pardoned and in Scotland the Government there has a sure means in their hands to know the Falshood of that Accusation so that those who offered those