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A30478 A vindication of the authority, constitution, and laws of the church and state of Scotland in four conferences, wherein the answer to the dialogues betwixt the Conformist and Non-conformist is examined / by Gilbert Burnet ... Burnet, Gilbert, 1643-1715. 1673 (1673) Wing B5938; ESTC R32528 166,631 359

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deposed him as appears by their Decree St. tom 2. lib. 4. By these indications it is apparent that the Prince of the Netherlands was not Sovereign of these Provinces since they could cognosce upon him and shake off his authority But I shall next make out that Religion was not the ground upon which these Wars were raised The Reformation came unto the Provinces in Charles the V. his time who cruelly persecuted all who received it so that these who were butchered in his time are reckoned not to be under 100000. Gr. Annal. lib. 1. All this Cruelty did neither provoke them to Arms nor quench the Spirit of Reformation whereupon Philip designed to introduce the Inquisition among them as an assured mean of extinguishing that Light But that Court was every where so odious and proceeded so illegally that many of the Nobility among whom divers were Papists entered in a Confederacy against it promising to defend one another if endangered Upon this there were first petitions and after that tumults but it went no further till the Duke of Alva came and proceeded at the rate of the highest Tyranny imaginable both against their Lives and Fortunes particularly against the Counts of Egment and Horn suspect of favoring the former disord●●s But it being needle●s to make a vain shew of reading in a thing which every boy may know after the Duke of Alva had so transgressed all Limits the Nobility and Deputies of the Towns of Holland who were the Depositaries of the Laws and Privileges of that State met at Dort anno 1572. Gr. de Ant. Bat. cap. ● and on Iuly 19 decreed a War against the Duke of Alva and made the Prince of Orange their Captain which was done upon his e●●cting the twentieth penny of their Rents and the tenth of their moveables in all their transactions and merchandises Yet all this while the power was in the hands of Papists Gr. An●al lib. 3. No● wa● the Protestant Religion permitted till the year 1578. that in Amster●●● Utrecht and Harlem the Magistrats who were addicted to the Roman Religion were tu●ne● out which gave great offence to some of then Confederates who adhered to Poperv And upon this the Protestants petitioned the A●c● Duke Matthias whom the States had chosen for their Prince that since it was known that they were the chief object of the Spanish hatred and so might look for the hardest measure it they prevailed it was therefore just they who were in the chief danger might now enjoy some share of the Liberty with the rest wherefore they desired they might have Ch●rch●s allowed them and might not be barred from publick trust which after some debate was granted And let this declare whether the War was managed upon the grounds of Religion or not The year after this the States of Holland Geldres Zeland Utrecht and Friesland met at Utrecht and entred in that Union which continues to this day by which it was provided that the Reformed Religion should be received in Holland and Zeland but the rest were at liberty either to chuse it or another or both as they pleased So we see they did not confederate against Spain upon the account of Religion it not being the ground of thei●●eague but in opposition to the Spanish Tyranny and Pride And in their Letters to the Emperor Ian. 8 1578. Str. tom 2. lib. 2. they declared that they never were nor ever should be of another mind but that the Catholick Religion should be still observed in Holland and in the end of the year 1581. they decreed that Philip had forfeited his Title to the Principality of Belgium by his violating their Privileges which he had sworn to observe whereupon they were according to their compact with him at his inauguration free from their obedience to him and therefore they chus●● the Duke of Alenson to be their Prince And now review all this and see if you can stand to your former assertion or believe these Wars to have proceeded upon the grounds of subjects resisting their Sovereign when he persecutes them upon the a●count of Religion and you will be made to acknowledge that the States of Holland were not subjects and that their quarrel was not Religion Isot. All this will perhaps be answered in due time but from this let me lead you to France where we find a long Tract of Civil Wars upon the account of Religion and here you cannot pretend the King is a limited Sovereign neither was this War managed by the whole States of France but by the Princes of the Blood with the Nobility of some of the Provinces and these began under Francis the Second then about sixteen years of Age so that he was not under Non-age and tho they were prosecuted under the Minority of Charles the Ninth yet the King of Navarre who was Regent and so bore the King's Authority was resisted and after Charles was of age the Wars continued both during his Reign and much of his Brother's and did again break out in the last King's Reign The Protestants were also owned and assisted in these Wars not only by the Princes of Germany but by the three last Princes who reigned in Britain So here we have an undeniable instance of Subjects defending Religion by Arms. See pag. 454. Poly. I must again put my self and the company to a new penance by this ill understood piece of History which you have alledged and tell you how upon Henry the Second's death Francis his Son was under age by the French Law for which see Thuan. lib. 16. which appointed the Regents power to continue till the King was 22 years of age at least as had been done in the case of Charles the 6. which yet the History of that time saith was a rare privilege granted him because of his Gracefulness and the love was generally born him whereas the year wherein the Kings were judged capable of the Government was 25. But Francis tho under age being every way a Child did for away both the Princes of the Blood the Constable and the Admiral from the Government which he committed to his Mother the Cardinal of Lorrain and the Duke of Guise Upon this the Princes of the Blood met and sent the King of Navarre who was the first Prince of the Blood to the King to complain of their ill usage but tho he was much neglected at Court yet his simplicity was such that he was easily whedled out of his pretensions Upon this the Prince of Conde having a greater spirit and being poor thought upon other Courses and as it is related by Davila lib. 1. gathered a meeting at Ferté where he p●●posed the injury done the Princes of the Blood who in the minority of their King were now excluded the Government which contrary to the Salick law was put in a womans hand and trusted to Strangers wherefore he moved that according to the practices of other Princes of the Blood in the like Cases which
he adduced they might by arms make good their right and assume the Government in the Kings minority But the Admiral considering well the hardiness of the enterprise said that another way must be taken to make it succeed which was that since France was full of the followers of Calvin who through the persecutions they had lain under were now almost desperat and had a particular hatred at the Brethren of Lorrain as their chief enemies therefore it was fit to cherish them and make a party of them by which means assistance might be likewise hoped for from the Princes of Germany and the Queen of England and to this advice all present did yield Upon this saith Thuan lib. 16. many Writings were published proving the Government of the Kingdom in the King's minority to belong to the Princes of the Blood and that by the Laws of France the Regents power was not absolute but to be regulated by the Assembly of the States wherein many instances of the French Law were adduced and whereas it was alledged that the King was major at 15. which was proved from an Edict of Charles the Fifth this was fully refuted and it was shewed that notwithstanding of the Edict of Charles the Fifth his Son was not admitted to the Government till he was full 22 years of age and that in his minority the Kingdom was governed by a Council of the Princes and Nobility which was established by an Assembly of the States I shall not meddle further in the debate which was on both hands about the year of the King's majority or the Power of the Princes of the Blood in his minority but shall refer the Reader to the sixth Book of the voluminous History of France for that time whose Author hath suppressed his Name where a full abstract of all the writings that passed on both sides about these matters is set down but this shews how little your Friends understand the History of that time who take it for granted that Francis the Second was then Major since it was the great matter in controversie But to proceed in my Accounts These grounds being laid down for a war the P●ince of Conde as Thuan relates would not openly own an accession to any design till it should be in a good forwardness but trusted the management of it to one Renaudy who tho a Catholick by his Religion yet drew a great meeting of Protestants to Nantes in the beginning of February anno 1560. where he stirred them up to arm and in his Speech after he had represented all the grievances he added that the greatest scruples that stuck with many was the King's Authority against which whos● rose●he did rebel and he answered acknowledging the obedience due to Kings notwithstanding their wicked Laws and that it was without doubt that all who resisted the Power constituted by GOD resisted his Ordinance but added their resistance was of these Traitors who having possessed themselves of the young King designed the ruin both of King and Kingdom This then will clear whether they walked on the Principles of Subjects resisting when persecuted by their Sovereign or not Upon this they designed to have seised on the King but as it was to be executed though it had been long carried with a marvellous secrecy it was at length discovered and the King conveyed to Amb●i●e and as the Protestants were gathering to a Head the Kin●'s Forces came upon them and defeated and scattered them But a little after this the King died in good time for the Prince of Conde for his accession to these Commotions being discovered he was s●ised on and sentenced to death but the King's death as it ●●livered him did also put an end to the questions about the King's majority his Brother Charles the Ninth being a child so that the Regency was undoubtedly the King of Navarre his right yet not so entirely but that the other Princes were to share with him and the Assembly of the States to direct him as the Lawyers proved from the French Law The consultation about the Protestants took them long up and a severe Edict passed against them in Iuly 1561. But in the Ianuary of the next year a solemn meeting was called of all the Prin●es of the Blood the Privy Counsellors and the eighth Parliament of France in which the Edict of Ianuary was passed giving the Protestants the free exercise of their Religion and all the Magistrats of France were commanded to punish any who interrupted or hindered this liberty which Edict you may see at length Hist. d' A●big lib. 2. c. 32. But after this as Davila lib. 3. relates how the Duke of Guise coming to Paris did disturb a meeting of the Protestants so that it went to the throwing of Stones with one of which the Duke was hurt upon which he designed the breach of that Edict and so was the Author and Contriver of the following Wars After this the Edict was every where violated and the King of Navarre united with the Constable and the Duke of Guise for the ruin of the Protestants upon which the Prince of Conde as the next Prince of the Blood asserted the Edicts so that the ●aw was on his side neither was the Regents power absolute or Sovereign and the Prince of Condé in his Manifesto declared he had armed to free the King from that captivity these stranger Princes kept him in and that his design was only to assert the authority of the late Edict which others were violating Upon this the Wars began and ere the year was ended the King of Navarre was killed after which the Regency did undoubtedly belong to the Prince of Condé And thus you see upon what grounds these Wars began and if they were after that continued during the majority of that same King and his Successors their Case in that was more to be pitied than imitated for it is known that Wars once beginning and Jealousies growing strong and deeply rooted they are not easily setled And to this I shall add what a late Writer of that Church Sieur d'Ormegrigny hath said for them in his reflections on the Third Chapter of the Politicks of France wherein he justifies the Protestants of France from these Imputations What was done that way he doth not justifie but chargeth it on the despair of a lesser Party among them which was disavowed by the greater part And shews how the first Tumults in Francis II. his time were carried mainly on by Renaudy a Papist who had Associates of both Religions He vindicates what followed from the Interest the Princes of the Blood had in the Government in the minority of the Kings And what followed in Henry III. his time he shews was in defence of the King of Navarre the righteous heir of the Crown whom those of the League designed to seclude from his right But after that Henry IV. had setled France he not only granted the Protestants free Exercise of their Religion but gave