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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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Informations against me which gave the rise to all that has since followed ought to be lookt on as Calumniators and to be punished accordingly and if any ill chosen Expression had fallen from me in the Letter that I writ to the Earl of Middletoune the Privacy of the Letter the Respect that was in it and the Provocation that drew it from me an Accusation of High Treason which is now evidently made out to be a Calumny all these I say give me some reason to conclude that if a secret Animosity of some of my Enemies that have abused their Credit with the King to my Prejudice had not wrought more than a regard to Justice there had not been a second Prosecution when the first was found to be so ill grounded that they were forced to let it fall The Citation is in these Words JAMES by the Grace of God King of Great Brittain France and Ireland Defender of the Faith To our Lovits Heraulds Pursevants Macers and Messre at armes conjunctly and severally specially Constitute Greeting Forsameikle as it is humbly meant et Complaind to us be our right trusty and familiar Councellour Sir John Dalrymple the younger of Stair our Advocat for our Interest Upon Doctor Gilbert Burnet That wher by the Common Law by the Acts of Parliament and the municipall Lawes of this Kingdom the declyning or impugning our Soveraign Authority or putting Treasonable Limitations upon the Prerogatives of our Crown upon the native Allegiance due by any of our Subjects born Scots men whether residing within our Dominions or not are declared to be High Treason and punishable by the Pains due and determined in the Law for Treason Nevertheless it is of verity That Doctor Gilbert Burnet who is a Scotsman by Birth and Education being cited at the Peir and Shoar of Leith at the instance of our Advocat for several Treasonable Crimes to underly the Law by vertue of particular Command from us direct to the Lords of our Privy Council and ane Act of our said Privy Council hereupon ordering our Advocat to Intent the Proces Instead of appeiring before the Lords of Iusticiery Doctor Gilbert Burnet did write and subscribe a Letter dated at the Hague the third day of May last directed for the Earl of Middletoune one of our principal Secretaries of State for our Kingdom of England In the which the said Doctor shows that in respect the Affairs of the Vnited Provinces falls to his Lordships share in the Ministry Therefore he makes the following Addresses to his Lordship and by him to us and gives ane accompt that he is certiorat of the Proces of Treason execute against him at the instance of our Advocat And for answer thereto the Doctor Writes that he hes bein thretteen years out of the Kingdom of Scotland and that he is now upon the point of Marrying in the Netherlands and that he is Naturalized by the States of Holland and that thereby during his stay there his Allegiance is translated from us to the Soveraignity of the Province of Holland and in the end of his Letter he Certifies that if this decly natur be not taken of his hand to sist the Proces he will appeir in Print in his own Defence and will not so far betray his own Innocence as to suffer a thing of that nature to pass upon him In which he will make a recital of Affairs that hes passed these twenty years and a vast number of particulars which he believes will be displeasing to us and therfor desires that he may not be forced to it which is a direct declyning of our Authority denying of his Allegiance to us and asserting that his Allegiance is translated from us to the Soveraignty of the States of Holland And a threatning us to expose traduce disparage and bely our Government and the publict Actings for twenty years past Tho he acknowledges it will be displeasing to us Yet by a most Indiscret and Disloyal Insolence he threatens to do it in contempt Except forsooth we will acquiesse and suffer the derly natur of our Royal Authorite and pass from the Proces as having no Allegiance due to us from the Doctor c. After this follows the form of Law ordinary in such Citations by which I am required to appear on the 9th day of August in order to my Tryal which was to be six days after that under the Pains of being declared a Rebel and a Fugitive and all bears date the 10th of June 1687. I shall offer only two Exceptions to this in point of Form 1st there is no Special Law set forth here upon which I am to be Judged which as I am informed by those who understand the Law of Scotland makes the Citation null in point of Form since High Treason is a Crime of such a Nature that no Man can be concluded Guilty of it but upon a special Law. 2dly In Criminal matters no Proofs of any Writing upon the Similitude of Hands are so much as admitted by the Law of Scotland so that all such Proofs are only General Presumptions and therefore since there is no other Proof that can be pretended in this case it is not possible according to the grounds and practice of the Scottish Law to find me Guilty upon this Citation Upon my not appearance on the 9th day of August the matter was for some time delayed At last a Writ was issued out against me called in the Law of Scotland Letters of Horning because they are published with the blast of a Horn in which I am declared the King's Rebel but this is not issued out upon the account of the Matter of the Citation of which no Cognizance has been taken But only for my not appearance to offer my self to Tryal and the Operation of this in Law is only the putting me out of the King's Protection and the present Seizing on my personal Estate and after a year the Seizing any thing that I enjoy for Term of Life but this Writ does neither affect my Life nor my Posterity nor can an Estate of Inheritance be so much as Confiscated by it and tho the term Rebel is put in it that word is only a Form of Law for every man that does not pay his Debts is liable to such a Writ and he is declared the King's Rebel just as the Chancery in England issues out a Writ of Rebellion upon Contempts so that if the being called a Rebel in such a Writ gives the Government a right to demand me then every Man that retires into Holland either out of England or Scotland upon the account of a disorder in his Affairs may be demanded as soon as any such Writ goes out against him As for the matter of this Citation I said so much upon it in my former Paper that since no Answer has been made to that I do not think it necessary to say any more than what will occur to me in the account of the Progress of this
was advanced for the Bishops and Divines were appointed to Examine all Points with much care and to bring every man his Opinion in Writing all which were compared very faithfully and upor these the Decisions were made There are many other Papers yet extant which by comparing the Hands shew these to be Originals and they were in the Salisbury Family probably ever since they were at first brought together Their Ancestor the Lord Burleigh who was Secretary of State in Edward the Sixth's time gathered them up and as appears in a Letter under his own Hand yet extant he had 6 or 7 Volumns of them of which Dr. Stillingfleet had only two but Dr. Burnet saw two more of these Volumes The History of the Reformation sells still so well that I do not believe Mr. Chiswell the Printer of it has made any Present to this Reasoner to raise its Price for to attack it with so much Malice and'yet not to offer one Reason to lessen its Credit is as effectual a Recommendation as this Author can give it He pretends that Dr. Burnet's design was to make Cranmer appear a meer Sacramentarian as to Doctrine as he had made him appear an Erastian as to Discipline and he thinks the vain Man was flattered into all the Pains he took that he might give Reputation to the Errours of his Patrons and that those two grand Forgeries are the grand Singularities of his History and the main things that gave it Popular Vogue and Reputation with his Party So that were these two blind Stories and the Reasons depending upon them retrenched it would be like the shaving off Samsons Hair and destroy all the strength peculiar to the History But to all this stuff I shall only say 1. That the Charge of Forgery falls back on the Reasoner since as to Cranmers opinion of the Sacrament his own Books and his Dispute at Oxford are such plain Evidences that none but Bays could have questioned it and for his being an Erastian Dr. Burnet had clearly proved that he had changed his Opinion in that Point so that tho he shewed that he had been indeed once engaged in those Opinions yet he proved that he had forsaken them Let the Reader judg to whom the charge of Forgery belongs 2. Dr. Burnet has indeed some temptations to Vanity now since he is ill used by Bays and put in such Company but I dare say if he goes to give him his Character he will never mention so slight a one as Vanity in which how excessive so ever he may be yet it is the smallest of all his Faults 3. These two Particulars here mentioned bear so inconsiderable a share in that History and have been so little minded that I dare say of an hundred that are pleased with that Work there is not one that will assign these as their Motives He censures Dr. Burnet for saying he had often heard it said that the Articles of our Church were framed by Cranmer and Ridley as if it were the meanest Trade of an Historian to stoop to hear-says p. 55. But the best of all the Roman Historians Salust in bello Catil does it and in this Dr. Burnet maintains the Character of a sincere Historian to say nothing that was not well grounded and since it has been often said by many Writers that these two Bishops prepared our Articles he finding no particular Evidence of that delivers it with its own doubtfulness It is very like Sa. Oxon would have been more positive upon half the grounds that Dr. Burnet had but the other chose to write exactly yet he adds That it is probable that they penned them and if either the Dignity of their Sees or of their Persons be considered the thing will appear reasonable enough But I do not wonder to see any thing that looks like a modesty of Stile offend our Author He is next so kind to Dr. Burnet as to offer him some Counsel p. 50. that he would be well advised to imploy his Pains in writing Lampoons upon the present Princes of Christendom especially his own which he delights in most because it is the worst thing that himself can do than collecting the Records of former times for the first will require time and Postage to pursue his Malice but the second is easily traced in the Chimney-corner One would think that this period was Writ by Mr. South it is so obscure and ill expressed that nothing is plain but the malice of it but he of all men should be the furthest from reproaching any for Writing Lampoons who has now given so rude a one on the late King and the Lords and Commons if bold Railing without either Wit or Decency deserves that Name I will only say this further That if one had the ill nature to write a Lampoon on the Government one of the severest Articles in it would be That it seems Writers are hard to be found when such a Baboon is made use of It is Lampoon enough upon the Age that he is a Bishop but it is downright Reproach that he is made the Champion of a Cause which if it is bad of it self must suffer extreamly by being in such Hands And thus I think enough is said in Answer to his impertinent digression upon Transubstantiation let him renounce the Article of our Church and all that he possesses in Consequence to his having signed it and then we will argue all the rest with him upon the square but as long as he owns that he is bound likewise to own the first Branch of the TEST which is the Renouncing of Transubstantiation In this Discourse he makes his old hatred to Calvin and the Calvinists return so often that it appears very Conspicuously I believe it is stronger now than ever and that for a particular reason when the Prince and Princess of Orange were Married he was perhaps the only Man in England that Expressed his uneasiness at that Happy Conjunction in so Clownish a manner that when their Highnesses past through Canterbury he would not go with the rest of that Body to which he was so long a Blemish to pay his Duty to them and when he was asked the Reason he said He could have no regard to a Calvinist Prince Now this Calvinist Prince has declared his mind so openly and fully against the Repeal of the TEST that no doubt this has encreased Bays's distemper and heightned his Choler against the whole Party The second Branch of the TEST is the Declaration made of the Idolatry committed in the Roman Church upon which he tells us p. 71 72. That Idolatry is a Stabbing and Cut-throat Word and that it is an Inviting and Warranting the Rabble whenever Opportunity favours to destroy the Roman Catholicks and here Bays will outdo himself since this was a Master-piece of Service therefore he makes the taxing the Church of Rome with Idolatry a piece of Inhumanity that outdoes the Savages of the Canibals themselves and damns at