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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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the Council of Constance that decreed That Princes were not bound to keep their Faith to Hereticks tho' it must be acknowledged that we have extraordinary Memories if we can forget such things and more extraordinary Understandings if we do not make some Inferences from them I will not stand upon such inconsiderable Trifles as the Gunpowder-Plot or the Massacre of Ireland but I will take the liberty to reflect a little on what that Church has done since those Laws were made to give us kinder and softer thoughts of them and to make us the less apprehensive of them We see before our eyes what they have done and are still doing in France and what feeble things Edicts Coronation Oaths Laws and Promises repeated over and over again prove to be where that Religion prevails and Louis le Grand makes not so contemptible a Figure in that Church or in our Court as to make us think that his Example may not be proposed as a Pattern as well as his Aid may be offered for an Encouragement to act the same things in England that he is now doing with so much applause in France and it may be perhaps the rather desired from hence to put him a little in countenance when so great a King as ours is willing to forget himself so far as to copy after him and to depend upon him so that as the Doctrine and Principles of that Church must be still the same in all Ages and Places since its chief pretention is that it is infallible it is no unreasonable thing for us to be afraid of those who will be easily induced to burn us a little here when they are told that such fervent Zeal will save them a more lasting burning hereafter and will perhaps quit all scores so entirely that they may hope scarce to endure a Singing in Purgatory for all their other Sins IV. If the severest Order of the Church of Rome that has breathed out nothing but Fire and Blood since its first formation and that is even decried at Rome it self for its Violence is in such credit here I do not see any inducement from thence to persuade us to look on the Councils that are directed by that Society as such harmless and inoffensive things that we need be no more on our guard against them I know not why we may not apprehend as much from Father Petre as the French have felt from Pere de la Chaise since all the difference that is observed to be between them is that the English Jesuit has much more Fire and Passion and much less Conduct and Judgment than the French has And when Rome has expressed so great a Jealousie of the Interest that that Order had in our Councils that F. Morgan who was thought to influence our Ambassadour was ordered to leave Rome I do not see why England should look so tamely on them No reason can be given why Card. Howard should be shut out of all their Councils unless it be that the Nobleness of his Birth and the Gentleness of his Temper are too hard even for his Religion and his Purple to be mastered by them And it is a Contradiction that nothing but a Belief capable of receiving Transubstantiation can reconcile to see Men pretend to observe Law and yet to find at the same time an Ambassadour from England at Rome when there are so many Laws in our Book of Statutes never yet repealed that have declared over and over again all Commerce with the Court and See of Rome to be High Treason V. The late famous Judgment of our Judges who knowing no other way to make their Names immortal have found an effectual one to preserve them from being ever forgot seems to call for another Method of Proceeding The President they have set must be fatal either to them or us For if twelve Men that get into Scarlet and Furs have an Authority to dissolve all our Laws the English Government is to be hereafter lookt at with as much scorn as it has hitherto drawn admiration That doubtful Words of Laws made so long ago that the Intention of the Lawgivers is not certainly known must be expounded by the Judges is not to be questioned but to infer from thence that the plain Words of a Law so lately made and that was so vigorously asserted by the present Parliament may be made void by a Decision of theirs after so much Practice upon them is just as reasonable a way of arguing as theirs is who because the Church of England acknowledges that the Chuurch has a Power in Matters of Rites and Ceremonies will from thence conclude that this Power must go so far that tho' Christ has said of the Cup Drink ye all of it we must obey the Church when she decrees that we shall not drink of it Our Judges for the greater part were Men that had past their Lives in so much Retirement that from thence one might have hoped that they had studied our Law well since the Bar had called them so seldom from their Studies and if Practice is thought often hurtful to Speculation as that which disorders and hurries the Judgment they who had practised so little in our Law had no byass on their Understandings and if the habit of taking Money as a Lawyer is a dangerous Preparation for one that is to be an incorrupt Judge they should have been incorruptible since it is not thought that the greater part of them got ever so much Money by their Profession as paid for their Furs In short we now see how they have merited their Preferment and they may yet expect a further Exaltation when the Justice and the Laws of England come to be in Hands that will be as careful to preserve them as they have been to destroy them But what an Infamy will it lay upon the Name of an English Parliament if instead of calling those Betrayers of their Country to an account they should go by an after-game to confirm what these Fellows have done VI. The late Conferences with so many Members of both Houses will give such an ill-natured piece of Jealousie against them that of all Persons living that are the most concern'd to take care how they give their Votes the World will believe that Threatnings and Promises had as large a share in those secret Conversations as Reasoning or Persuasion and it must be a more than ordinary degree of Zeal and Courage in them that must take off the Blot of being sent for and spoke to on such a Subject and in such a manner The worthy Behaviour of the Members in the last Session had made the Nation unwilling to remember the Errors committed in the first Election and it is to be hoped that they will not give any cause for the future to call that to mind For if a Parliament that had so many Flaws in its first Conception goes to repeal Laws that we are sure were made by Legal Parliaments it will