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A52455 Dr. Burnett's reflections upon a book entituled Parliamentum pacificum. The first part answered by the author. Northleigh, John, 1657-1705.; Burnet, Gilbert, 1643-1715. Reflections on a late pamphlet entituled Parliamentum pacificum.; Northleigh, John, 1657-1705. Parliamentum pacificum. 1688 (1688) Wing N1298; ESTC R28736 98,757 150

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single Person they now apprehended more danger than from the whole disbanded Army A Person from whose Worthiness and Abilities to govern even Protestant Authors and his Enemies dare not detract his removal is obtained too but the want of him the Governess soon found when it was too late for presently after his dismission the Tumults began at Tourney Valenciens c. rescuing of Prisoners threatning of Magistrates and at last clamoring against their new Bishops tho' persons all eminent in Learning and of as excellent Lives alarm'd with these many Tumults that like tumbling Waves toss'd or tumultuated too upon one another the King of Spain as even an Historian of our Reformation too if we may compare his sincerity with Dr. B does honestly observe did then first send to his Sister the Governess to see his Father's Edicts severely executed and to command a strict observance of the Canons of the Council of Trent Encourag'd even under these severe Injunctions which were more formidably menac'd and commanded than truly executed the Lords declaring against it at the Council Table and the Governess with a great deal of difficulty got them past which when done the opposite Party so incens'd the People as to make it almost dangerous to put them in execution and the Executive power was soon oppos'd when they had intelligence given them that the Prince Elector had promis'd them assistance if ever it should come to be decided by the Sword and that they then soon made it come too For presently they dispers'd no less than five thousand Seditious Libels against the Government and the Governess and open Sedition when once it appears bare fac'd has no other Helmet of Salvation but by putting on compleat Armor and that you shall see they soon did for immediately amidst these Tumultuous Proceedings nine of the Lords without any Law or Authority no Officers in the concerns of the State assemble themselves at Breda Marnixius one of the best Abilities among them makes them subscribe a Covenant of his own Composing and so associate themselves with a solemn Oath not to desert one another send it about the several Provinces for Subscriptions and some time after make an essay of their Fidelity to one another by entering Brussels arm'd with Swords and Pistols and Count de Brederode at the head of them a Body of two hundred which now might well be call'd Confederates Grotius himself as concern'd as he is for his Country cannot but call it a Conspiracy tho' he would excuse them from the Guilt diminishes their number and makes them come unarm'd to the Court and no further design than the suppressing the Inquisition the severity of which when laid aside could never appease them for by his own confession they made their fears greater than indeed they were pretended the danger of Civil Dissentions and partly created them themselves make their Marriages Feasts and Assemblies but so many Meetings of Conspiracy to carry on the Plot and when a Commotion was rais'd among the Common People came out to animate it by shewing themselves unable to suppress it Other Authors that will speak more liberally represent these design'd Conventions as the deepest Debauches to draw in the most Dissolute Rabble which was accomplisht too with a great deal of Tumult and Acclamation and so far were they seduced by them that all the Declarations of the Governess could never resettle them in their Obedience and so far were the Reform'd inspir'd with these Proceedings that at St. Omer's they force all the Doors of Churches and Religious Houses demolisht Altars defac'd Shrines pull down Images and pursue with the same Zeal all that was sacred so also at Ipres and several other places expelling the Bishops and as if all Learning were Superstition and Idolatry too sacrific'd their books and best of Libraries in the same flame neither sparing things inanimate nor the Unviolable Dust and Sepulchres of the dead The Mischief Sacrilege and Murders that were committed at Antwerp were such that they seem'd to make a Massacre almost of all that was Sacred assaulted the Procession and Image of the B. Virgin upon her very day of Assumption fall upon them in the Church drive out the Catholicks secure the doors fall to that abominable work of rooting out Abominations pull down all the Crucifixions of our Saviour all the Saints from their Pedestals deface all the Pictures and even painted glass and that this Zeal against Idolatry might be sublimated into the highest Atheism and lewdest Impiety the Consecrated Host was taken out of the Pixes and trampl'd upon with their feet the Wine in the sacred Chalices most solemnly drunk off in debauch and their Holy Oyl in derision applied to the greasing of their Shooes certainly this was a sort of Zeal that would have past better in Iapan and with such Christians as can shew more reverence to an Heathen Idol at Pegu but this Brutal rage was not confin'd to the Limits of the Town it so spread through the Country that in ten days time no fewer than four hundred Consecrated places were destroy'd or defac'd a Zeal so truly incens'd that it seem'd to delight in flames especially such as could consume any Sacred Pile it seem'd to defie any Heaven and dare all the Terrors of Hell and Everlasting burnings And was it criminal now and the Violation of Faith or breach of Promise in the Prince or Governor to think of subduing such Subjects by force of Arms but no sooner had they intelligence of such a design but they manag'd it so as to be before hand with their King and to let the World know they could carry their disobedience further since Rebellion is look't upon as a term too injurious for the Confederates they contriv'd how to transfer their Allegiance to some Neighbouring Princes for Protection in order to that they first erect a supream Consistory at Antwerp and some inferior Judicatories in other Places and so chuse their own Magistrates and at last alarm'd with the News of their King 's coming to give them a Visit they were up in Arms before the Governess had got together any Horse or Foot for to suppress them besides the Train-Bands they seized upon several Towns turn their Canon against the King and his Commission and all this before the Duke of Alva was arriv'd whose cruel Disposition could not be the cause of those Outrages and Rebellions that were committed and commenc'd before his coming Mr. Sidney's Papers were never seconded or out-done in this point till these of the Doctor 's appeared so unjustly do some people impute the disturbances in which those States were involv'd to the Tyranny of that cruel Man that all things were in a Flame before ever he came to his Government 't is true the King found that the mildness of the Dutchess of Parma could not prevail to reduce them to Obedience and so thought it high time to send a more severe
Her Reign to justify the Legality of all that She did even to those things that She confesses She dispens'd withal contrary to Law were we to play like Children at Cross-purposes the greatest non-sence and most insipid Answers would serve pass for the more Ingenious Diversion I told the Dr. what She dispens'd with contrary to the very Parliaments Act. It is Answered of something She did that was rounded upon an Act of Parliament but now because we 'll keep to the purpose we 'll examin this Her power in Ecclesiasticals founded on the First of Her Reign and see how far it makes for our Authors Apology he says this was in a great measure Repeal'd in the Year 1641. the Dr's Excellencies lying more in Chronology than the Statute-book It is a known Act of 17 th Charles the First that does in some measure as he says and I am glad he keeps to any repeal it I will not insist on the occasion of such a Repeal and the juncture of Affairs that forc'd it though I must confess the Reasons of Laws can never be recollected but by Reflection on the State of those Times in which they were made and that makes a sound Historian somewhat of the necessary part of a good Lawyer and from History 't is most deplorably known that this Repeal was procur'd in the Year that this Rebellion commenc'd by a Parliament the defence of which has been made Proemunire and High-Treason by that which enforced the Triennial Parl. into a perpetual one and which was afterward with so much abhorrence and such an ignominious Character repeal'd But all that appears of this Repeal of the 1 st of Elizabeth from the Opinion of the Lawyers and the examining the Act is the power of the Commissioners fining and imprisoning which was look'd upon as oppressive and therefore my Lord Cook in his Argument upon that case who for a time was no great Prerogative Lawyer or would not be so says that this Act was only a restoring to the King His antient Ecclesiastical Iurisdiction which the Commissioners extended so far as injuriously to fine Offenders upon it beyond their Power this usurped Power some people are of opinion is only by that Act repeal'd though I do not doubt but that Parliament would have willingly comprehended in it all the Inherent Antient Ecclesiastical Iurisdiction that ever appertain'd to the King and Crown and even by special Act here under Catholick Princes has been declar'd so so that indeed as the Dr. says it is but in a measure repeal'd and by express Words in the Repeal of Abuses of the Power only prevented so that it could not take away or deprive the Royal Authority from that unquestionable Prerogative of Commissionating any number of Persons in Ecclesiastical Matters that do not exercise such an extensive Iurisdiction and therefore to reflect upon the present Court that is of another nature and a new Creation as put down and repeal'd with that of Queen Elizabeths is no more an Argument than that Queen Elizabeths Commission was reviv'd when but so lately King Charles the Second delegated His Ecclesiastical Iurisdiction and Disposal of Preserments to some Persons that are most now living though perhaps some of them the readiest to Dislike their present Proceedings It is plain that the King's Power in Ecclesiastical Matters was never meant should be infring'd from that Repeal by this Ratification of it in the Late King's Time whatever the First Factious Legislators in it might intend for as you see this Late King did in a sort make use of it so in this very Ratification as the Dr. calls it is Provided that as it shall not extend to the Iurisdiction of Archbishops Bishops so neither to Vicar-Generals or Persons exercising Ecclesiastical Jurisdiction by the King's Commission If the Dr. will cavil only because the Word Court of Commission is not expres'd his Cause will hardly be the better for such a peevish Exception since the Constitution of a Vicar-general would be as little Kindness to the Church as it was in the Excesses of its first Establishment under Henry the Eighth which we see His Majesty as excessive as the Dr. would make Him has not hitherto reviv'd but should a Parliament restore the very Court of Queen Elizabeth it would be reckon'd among such men as illegal and only the King's Excesses in the Government I here shall help him to another Set of Excesses since such Prince's Proceedings must be call'd so when they do not quadrate with our Authors Subject and Design which at another time must pass for good Law when they make but the least for His purpose some People perhaps are of opinion That the Two Tests were past after a sort of Excess in the Government the World now knows one of them was made when the Parliament was exceedingly impos'd upon with Falsehoods and Perjuries and as exceedingly transported with a Zeal that look'd too so much like Fury so that if a man consider their origination and the Circumstances of Affairs when these Laws were made instead of keeping them upon the File after the rest are repeal'd there will appear more Reason even from the Doctor 's Excesses for repealing them the First The Conquest of the Kingdom gave a great Latitude to the 1 st William in point of Government which his Arms having acquir'd he found himself the less limited by the Laws though he profess'd to Rule by it and few of his Successors since that by their own Acts have oblig'd themselves but afford us Instances in greater Excesses of Government than any we can now complain of He is said to have invaded the Jurisdictions of the Prelates and seiz'd their Treasures not sparing his own dear Brother Odo William the Second tax'd his Subjects at pleasure by the Power of his Prerogative was as severe upon the Clergy and Westminster-Hall since the Seat of Iustice was look'd upon by the People as built on purpose to countenance his unjust Taxations The Ne exeat Regnum was repin'd at as a Grievance and in that Reign might be said to Commence The making Mutilation and Corporal Punishment Pecuniary in Hen. the First 's Reign the Confiscations and Bishop of Salisbury's Case in King Stephen's were made matter of Excesses in such Authors too Henry the Second resum'd by his own Act Lands that had been sold or given from the Crown by his Predecessors and against this Excess I think His present Majesty has given us good assurance in His last Declaration since the Dr. labours so much upon the absolute Power of the Former Of Richard the First it is Reported That he feign'd his Signet lost and so put out a Proclamation That those who would enjoy the Grants by the former old one must come and have it confirm'd by the New he pawn'd some of his Lands for the Ierusalem Journey and upon his Return would have resum'd them without Pay. The Exactions of King
Memoirs must not omit any thing that will afford as he thinks matter to deface the Memory of a Prince to whom the Church of England had the greatest Obligation the Life of the late Lord Rochester was not so severely Examin'd as this King's Actions are by this most faithful Historian 'T is a compendious way to Libel with a Reflection and Abuses may be easily fasten'd when the Authors Credit must pass muster for an Accusation One would have thought the Dutch might have been contented with their own Advocates and that the Considerer of their State had in these matters made as much of Apology for them as the Case could bear but it is with an ill Grace indeed and somewhat unnatural to see a sort of human Vipers work their Wits and their Way thorough the Bowels of their own Mother Country Englands Appeal and Marvel's Popery were the first and only Reflections that Libell'd these Actions till our Author came in with another Supplement but those being all such discontented Creatures Creatures depending on the Little Lord that then lost the greatest Place in the Law the Credit of such Authors is as much to be believ'd as the Conspiracy of the Court But this Attempt upon the Fleet when it comes to be examin'd has so much Colour for the Justice of that Encounter that there was first broke several Articles of Peace before that ever we could be said to begin the War those very Ships refus'd us in our own Channel the Right of the Flagg by which it was lawful for ours to seize or destroy them and the Captains that then Commanded had it for Express Commission to stand upon that Antient Regality and besides it is known that the Dutch had defended Van Ghent in the like obstinate denyal before so that now it could not be excus'd as a private Persons inconsiderate Default since whole Fleets were resolv'd to maintain it and their Masters had given them incouragement so to do this was I think an Heroical Breach too upon one of the Articles of Breda and all Leagues and Vnions if I am not out in my Reason and Law are such Acts as are Aggregate in themselves though the constituent Clauses that compose them have a great deal of individual Variety and Texture to the twisting them together of which if but one Twigg is taken out it presently loosens the whole Band We had been upon a long Accommodation and all fruitless Embassyes and Applications could not prevail so that even declaring of a War had it been actually design'd was never requir'd by the Laws of it in such a Case as previous and I 'le engage I 'le get their own Country-man Grotius himself to tell us so that the denouncing of it is many times conditional and then a Violation of Articles on one side is a sufficient Indiction without any necessity of declaring it on both we had demanded the Right of the Flagg and it was deny'd us This was by the Antients call'd a Clarigation and superseded ever rhat pure and absolute Denuntiation which himself confesses needless too when satisfaction is demanded from those that are resolv'd to offend and Servius his Exposition on the Leges Foeciales appears to be the same But since he desires Instances too the Romans in the Third Punick War without denouncing it surpriz'd the Carthaginians for some of their Violations so Cyrus did the Armenians David for Indignities the Ammonites and for more modern Examples the Great War of Sweden was carryed into Germany before it was heard of on the Continent that an Army was Landed on the Isle of Rugen because contrary to Articles the Emperour had oppos'd him in his War with the KING of Poland The reviving of old Differences was far from my Design but since the Dr. will not have such Actions to be forgotten it is a Duty I owe to the pious Memory of our deceased Prince to the Reputation and Honour of the Present to that Native Country that he so injuriously reproaches to defend them from those Calumnies that such a Deserter has cast upon them The Revolt and Defection of some States for which he so furiously pursues me I am afraid from the foregoing Relations of the Fact that he has forc'd me to will appear in spight of History to disguise it when even their own Authors do not pretend to excuse them from it but this Dr. thought he must do somewhat extraordinary for his new Masters to merit such a generous Protection and yet in this very Passage that he so pursues we only put it in the case words of a Common-wealth in general without specifying the particular Country to which we would apply it which for decency's sake and deference to that Allyance and Authority we did designedly forbear but since our Author is so unquiet I am afraid it was from the Result of the Application being so easy which himself perhaps made the sooner when he saw that somewhere it must needs touch but as Subjects are oblig'd to a real Friendship to all that are ally'd to their Lord and Soveraign so the necessity of such Obligation is somewhat superseded where such Authors are suffer'd to defame and defy him What other Authors have observ'd as we are neither oblig'd in Justice to Answer or defend so does it argue a defect of Matter fit for a Reflection in our own Treatise when he forces in Anothers to fill up the measure of his Animadversion But this I hope will appear too from the History of the States That if there were Roman Catholicks concern'd in the First Formation of their Government it was only so far as that they fought with them once for what was call'd their Antient Priviledges which as soon as they were confirm'd to them they were satisfy'd and return'd peaceably to their former Obedience In the Pacification at Gaunt tho' there was was omitted that Reservation of the deference that was due to the KING's Authority yet it was afterward by Explication annex'd and for that Don Iohn of Austria then the Governour confirm'd it under the Names and Title of the Perpetual Edict and that with the King's Consent and Approbration who after so many Troubles and Revolutions was glad to see his subjects tender their Obedience and by that their own Act thought it sufficiently secur'd But it seems there were those that design'd further some of the Eminent among the Calvinist's refus'd to subscribe that Article of Obedience to the KING's Authority which was afterward annex'd and so spoyl'd all the good Effects of this hopeful Pacification created such Jealousies and Disturbance that the Governour was forc'd to fly for his preservation to the strong Castle of Namur they chuse their Ruar model the Government anew frame an Oath to renounce all Obedience to Don Iohn the Governour and so zealous were the Reformers that the Iesuites of Antwerp for refusing it were plunder'd whose Loyalty then was the only Crime of this
Society to which our Author has such a constant Recourse for his Reflexion Soon after they associated themselves into what they are now so fam'd for the Vnited Provinces by that Vnion of Vtrecht which was made in order to the throwing off all Obedience to the King of Spain which soon followed in Three Years after in that Famous Instrument Dated at the Hague the Substance of which we recited before so that in short the Catholicks foreseeing the designed Revolt took occasion to withdraw as he words it that is to return to their former Obebedience and those ill Inclinations which he says they shew'd and which put them out of the Government was indeed the Jealousie that they had of their Reserves of Loyalty and the Fear that they had that they might spoil this New Formation of the State the Obstinate Resistance of Amsterdam and the foul Usage it met with after it had Compounded shew us how they were put out of the Government and how inclinable some Catholicks were to maintain the poor Remains of the Kings Authority This is what our Author calls a Betraying the Country to the Spanish Tyranny such Aversion there is in a Common-wealth against the Name of Monarchy that our Reflecter must keep it up for to merit and make amends for his Naturalization The Dr. is indeed unlucky in his Old Delenda upon which if he 'le rely as an invidious Instance of the Malice of our English against his New Masters the Dutch it is nothing less than a Libel upon the Late Lord whom not long since they look'd upon as their greatest Friend who lovingly came to ly down his Life in that Carthage which his Rhetorick once did design to demolish That Noble Lord who was a great Instrument for Promoting in the House to help our Author to the Thanks of it the greatest kindness to whose Memory in such Matters would indeed have been to have forgot him And such an Amnesty there was amongst them then of all That Heroes ill Inclination that their study was only how to Endear him with the greatest Demonstrations of Kindness and Courtesy so that our inconsiderate Author falls still upon the most unfortunate Touches such as abuse the very Cause he would so willingly defend and gives us another Occasion to Consider of another Subject to the KING of Great Britain fled for High-Treason Protected from his Iustice by the kindness of the Common-wealth The Inconsistency of Transubstantiation is most unseasonably insisted on at the same time that our Author is taking such Pains to be so inconsiftent with himself for as in this Page he would perswade us how easy the Roman Catholicks are under their Government so in the very next he lets us know intimating their Hardship that 't is they that can best tell us that all Religions are not alike Tolerated 'T is strange that a Man should be so unlucky at Reflexion and yet write so much Mr. Varilla's Copy it seems can transcend the Original We know though the Dr. would disguise it that considering their Services or for fear of their Loyalty the Catholicks there are but hardly dealt with the Pacification of Gaunt was got to be broken by those that form'd afterward this Union of Vtrecht and tho' by both a Liberty of Worship and by the former all civil Offices were reserv'd to them yet by that taking of Amsterdam we saw that Promises were too either kept or broken and by the late Banishing of Priests that this Religion is not to be equally tolerated though it was above all Articled for and Compounded It is a pretty Piece of Prescription to say their KING's Predecessors acknowledg'd them a State almost an Age ago It is not much above an Age that they made themselves so yet such an Acknowledgment I hope will no more warrant the Revolt than the Late King 's taking the Covenant at Skeen could be said to Confirm and Authorize the Rebellion of the Common-wealth of England This forc'd Acknowledgment was made but about Forty Year agon An. 1648. by the Munster Peace and this unfortunate Vindicator falls upon another unlucky Touch this Munster Peace I am afraid will want not only a little Excuse but as much as that of Nimmeghen Spain was drawn in to that Acknowledgment when some People by their separate Treaty betray'd France by their Plenipotentiary Niederhorst his Superiors of Vtretch themselves Condemn'd and of this Peace the Spanish Embassador Le Brun avow'd That in a little time they violated no less than 17 Articles All that know their History too must know That the Priviledges that were pretended were never any Compact with the House of Burgundy and so could not oblige Spain they were united into that House by Marriages and Descent and so descended to that of Austria How the Provinces came first to be United in Philip the Good who under one Government first began them our Authors admir'd Meteran does fully describe but though his peaceable Disposition and the finishing his Quarrel with France gave him no occasion to make use of the Excesses of his Power yet his Son Charles the Hardy that succeded him the same Author lets us know was indeed as his Name imported a little more bold and laid very great Impositions upon them we do not hear then of any Seditions that it occasion'd or any Priviledges that they pleaded to resist When Mary his Daughter was Marryed to Maximilian by which Match they first fell into the Hands of the Austrian Family to which doubtless descended too all the Power and Prerogative that ever was Lodg'd in the House of Burgundy yet their Allegiance you will see did not follow the Translation which ought doubtless as justly to have devolv'd for it was then old Privileges Immunities were first pretended discontent arose which more probably that devolution did promote more than any usurpations of the Prince did warrant or necessitate for it is natural for Subjects to acquiesce more under the Administrations of such Monarchs to whose Government they have by some Discents lineally been accustom'd than with those Princes Sway to which by Collateral Discents and Intervening Marriages they look upon themselves somewhat unfortunately reduc'd and subjected and perhaps this piece of Policy occasion'd that Salique Law in France for which they may better plead this Political Expedient than give us any just Reason for its Original Institution for doubtless the Title to a Crown may be as justly tranferr'd by Marriage and its Issue as the Lawful Discents of common Inheritance with that too be translated all the Power Prerogative that ever was enjoy'd by any of the Predecessors and 't is a Maxim almost of a divine Authority That all things are not Lawful that are Expedient but doubtless this Alienation of the Crown whatever Priviledges were pretended gave occasion to their first Discontents and Seditions in those Provinces in the Reign of Maximilian which Meteran compares