SIX PAPERS CONTAINING

I. Reasons against the Repealing the Acts of Parliament concerning the TEST. Humbly offer'd to the Consideration of the Members of both Houses, at their next meeting.

II. Reflections on His Majesties Proclamation for a Toleration in Scotland, together with the said Proclamation.

III. Reflections on His Majesties Declaration for Liberty of Conscience. Dated the Fourth of April, 1687.

IV. An Answer to a Paper Printed with Allowance, Entitled, A New Test of the Church of England' s Loyalty.

V. Remarks on the two Papers, writ by His late Majesty King Charles II. concerning Religion.

VI. The Citation, togethar with Three Letters to the Earl of Midleton.

By Gilbert Burnet, D. D.

Printed in the Year, 1687.

REASONS against the Repealing the Acts of Parliament concerning the TEST Humbly offered to the Consideration of the Members of both Houses, at their next Meeting.

I. IF the just Apprehensions of the Danger of Popery gave the Birth to the two Laws for the two Tests, the one with relation to all pub­lick Employments in 73. and the other with relation to the Constitution of our Parliaments for the future in 78. the present time and conjuncture does not seem so proper for repealing them; unless it can be imagined, that the Danger of Popery is now so much less than it was formerly, that we need be no more on our guard against it. We had a King, when these Laws were enacted, who as he declared himself to be of the Church of England, by receiving the Sacrament four times a year in it, so in all his Speeches to his Parliaments, and in all his Declarations to his Subjects, he repeated the assu­rances of his firmness to the Prote­stant Religion so solemnly and fre­quently, that if the saying a thing often gives just reason to believe it, we had as much reason as ever People had to depend upon him: and yet for all that, it was thought necessary to fortifie those Assurances with Laws: and it is not easie to imagin, why we should throw away those, when we have a Prince that is not only of ano­ther Religion himself, but that has ex­pressed so much steadiness in it, and so much zeal for it. that one would think we should rather now seek a further security, than throw away that which we already have.

II. Our King has given such Testi­monies of his Zeal for his Religion, that we see among all his other Royal Qualities, there is none for which he desires and deserves to be so much admired. Since even the passion of Glory, of making himself the terrour of all Europe, and the Arbiter of Christendom (which as it is natural to all Princes, so must it be most particu­larly so to one of his Martial and Noble Temper) yields to his Zeal for his Church; and that he, in whom we might have hoped to see our Edward the Third, or our Henry the Fifth reviv'd; chooses rather to merit the heightning his degree of Glory in another World, than to Acquire all the Lawrel [...] and Conquests that this low and vile World can give him: and that, instead of making himself a terrour to all his Neighbours, he is contented with the humble Glory of being a terrour to his own People; so that instead of the great Figure which this Reign might make in the World, all the News of England is now only concerning the practises on some fearful Mereena­ries. Th [...]se things shew, That His Majesty is so possessed with his Religi­on, that this cannot suffer us to think, that there is at present no dan­ger from Popery.

[Page 2] III. It does not appear, by what we see, either abroad or at home, that Popery has so changed its nature, that we have less reason to be afraid of it at present, than we had in former time. It might be thought ill nature to go so far back, as to the Councils of the Lateran, that decreed the extir­pation of Hereticks, with severe Sancti­ons on those Princes that failed in their Duty, of being the Hangmen of the Inquisitors; or to 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 seeble things Edicts, Coronation Oaths, Laws and Promises, repeated over and over again, proved to be, where that Re­ligion prevails; and Louis le Grand makes notso contemptible a Figure in that Church, or in our Court, as to make us think, that his example may not he proposed as a Pattern, as well as Aid may be offered for an encourage­ment, to act the same things in England, that he is now d [...]ing with so much Applause in France: and it may be per­haps tho 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 Doctriue and Principles of that Church must be still the same in all Ages and Places, since its chief pre­tension 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 servent Zeal will save them a more lasting burning hereafter, and will perhaps quit all scores so en­ttirely, that they may hope scarce to endure a Singeing 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 de­cryed 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 su [...]h 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 Iesuite has much more Fire and Passion, and much less Conduct and Judgment than the French has. And when Rome has expressed so [Page 3] great a Jealousy of the Interest that that Order had in our Councils, that [...]. 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 recou­cile, 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 Pook of Statutes, never yet Repealed, that have declared over and over again all Commerce with the Court and S [...]e 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 [...]hem from being ever forgot, seems to call for another Method of Proceeding. The P [...]esident they have set must be Fatal either to them o [...]ns. For if Twel [...]e Men, that get into Scarlet and Fu [...]s, 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 question'd▪ 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 A [...]puing, as theirs is, who be­cause the Church of England acknow­ledges that the Church 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 [...]alled them so seldome from their Studies: and if Practice is thought often hur [...]ful [...]o 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 pay'd for their Furs. In short, we now see how they have, merited their Preferment, and they may yet expect a further Exalcation when the Justice and the Laws of England come to be in hands, that will [Page 4] be as careful to preserve them, as they have been no destroy them. But what an Infamy will it lay upon the Name of an English Parliament, if instead of call­ing those Betrayers of their Countrey to an account, they should go by an after­game to confirm what these Fellows ha [...]e done.

VI. The late Canferences with so many Members of both houses, will give such an ill-natured piece of Jealousy 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 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 put the Nation on an Enquiry that nothing but necessi­ty will drive them to. For a Nation may be laid asleep, and be a little cheated; but when it is awakned, and sees its danger, it will not look on and see a Rape made on its Religion and Liberties, without examining, from whence have these Men this Authority? they will hard­ly find that it is of Men; and they will not believe that it is of God. But it is to be hoped, that there will be no oc­casion▪ given for this angry question which is much easier made than answer­ed.

VII. If all that where now asked in favour of Popery, were only some Gen­tleness towards the Papists, there were some reason to entertain the Debate, when the Demand were a little more modest: If Men were to be attainted of Treason, for being Reconciled to the Church of Rome, or for Reconciling o­thers to it; If Priests were demanded to be hanged, for taking Orders in the Church of Rome; and if the two thirds of the Papists Estates were offered to be Levied, it were a very natural thing to see them uneasy and restless: but now the matter is more barefaced; they are not contented to live at ease, and en­joy their Estates; but they must carry all before them: and F. Petre cannot be at quiet, unless he makes as great a Figure in our Court, as Pere de la Chaise does at Versailles.

A Cessation of all Severities against them, is that to which the Nation would more easily submit; but it is their Behaviour that must create them the continuance of the like Compassion in another Reign. If a restless and a persecuting Spirit were not inherent in that Order, that has now the Ascendant, they would have behaved themselves so decently under their present Advanta­ges; as to have made our Divines, that have charged them so heavily, look a little out of countenance: and this [Page 5] would have wrought more on the good Nature of the Nation, and the Princly Nobleness of the Successors whom we have in view, than those Arts of Craft and Violence, to which we see their Tempers carry them even so early, be­fore it is yet time to show themselves. The Temper of the English Nation, the Heroical Vertues of those whom we have in our Eyes, but above all, our most holy Religion, which instead of Re­venge and Cruelty, inspires us with Charity and Mercy, even for Enemies, are all such things, as may take from the Gentlemen of that Religion all sad apprehensions, unless they raise a Storm against themselves, and provoke the Iustice of the Nation to such a degree, that the Successors may find it necessary to be Iust, even when their own Incli­nations would rather carry them to shew Mercy. In short, they need fear no­thing but what they create to them­selves: so that all this stir that they keep for their own Safety, looks too like the securing to themselves Pardons for the Crimes that they intend to com­mit.

VIII. I know it is objected as no small prejudice against these Laws, that the very making of them discover­ed a particular Malignity against His Majesty, and therefore it is ill Manners to speak for them. The first had per­haps an Eye at his being then Admiral: and the last was possibly levelled at him: though when that was discover­ed, he was excepted out of it by a speci­al Proviso, And as for that which past in 73, I hope it is not forgot, that it was enacted by that Loyal Parliament, that had setled both the Prerogative of the Crown and the Rites of the Church, and that had given the King more Money than all the Parliaments of England had ever done in all former Times. A Par­liament that had indeed some Disputes with the King, but upon the first step that he made with relation to Religion or Safety, they shewed how ready they were to forget all that was past: as ap­peared by their Behaviour after the Triple Alliance. And in 73, though they had great cause given them to dislike the Dutch War, especially the strange be­ginning of it upon the Smirna Fleet: and the stopping the Exchequer, the De­claration for Toleration, and the Writes for the Members of the House, were Mat­ters of hard Digestion; yet no saoner did the King give them this new assu­rance for their Religion then, though they had very great Reasons given them to be jealous of the VVar, yet since the King was Engaged, they gave him 1200000 Pounds for carrying it on; and they thought they had no ill Penni­worths for their Money, when they carried home with them to their Countries this new Security for their Religion, which we are now desired to throw up, and which the Reverend Judges have already thrown out as a Law out of date. If this had carried in it any new piece of Severity, their Complaints might be just; but they are extream tender, if they are so un­easie under a Law that only gives them Leisure and Opportunities to live at Home, And the last Test, which was [Page 6] intended only for shutting them out from a share in the Legislative Body, appears to be so just, that one is rather amased to find that it was so long a doing, than that it was done at last; and since it is done, it is a great pre­sumption on our Understandings to think, that we should be willing to part with it. If it was not sooner done, it was because there was not such cause given for Jealousie to work upon but what has appeared since that time and what has been Printed in his Ma­jesties Name, shews the World now, that the Jealousies which occasion'd those Laws, were not so ill grounded, as some well meaning Men perhaps then believed them to be. But there are some times in which all Mens Eyes come to be opened.

IX. I am told, some think it is very indecent to have a Test for our Par­liaments, in which the King's Religion i [...] accused of Idolatry; but if this rea­son is good in this particular, it will be full as good against several of the Ar­ticles of our Church, and many of the Homilies. If the Church and Religion of this Nation is so formed by Law, that the King's Religion is declared over and over again to be Idolatrous, what help is there for it? It is no other, than it was when His Majesty was Crowned, and Swore to Maintain our Laws.

I hope none will be wanting in all possible Respect to his sacred Person; and as we ought to be infinitely sorry to find him engaged in a Religion which we must believe Idolatrous, so we are far from the ill manners of re­flecting on his Person, or calling him an Idolator: for as every Man that re­ports a Lye, is not for that to be called a Lyar; so that tho' the ordering the Intention, and the prejudice of a mis­perswasion are such abatements, that we will not rashly take on us to call every Man of the Church of Rome an Idolater; yet on the other hand, we can never lay down our Charge against the Church of Rome as guilty of Idolatry, unless at the same time we part with our Religion.

X. Others give us a strange sort of Argument, to perswade us to part with the Test; they say, ‘The King must imploy his Popish Subjects, for he can trust no other; and he is so assu­red of their Fidelity to him, that we need apprehend no Danger from them.’ This is an old Method to work on us, to let in a sort of People to the Parliament and Government, since the King cannot trust us, but will depend on them: so that as soon as this Law is repealed, they must have all the Imployments, and have the whole Power of the Nation lodged in their hands; this seems a little to gross to impose, even on Irish-men. The King saw for many Years together, with how much Zeal both the Clergy, and many of the Gentry appeared for his Interests; and if there is now a Me­lancholy Damp on their Spirits, the King can dissipate it when he will; and as the Church of England is a Body that will never Rebell against him, so any Sullenness under which the late [Page 7] Administration of Affairs has brought them, would soon vanish, if the King would be pleas'd to remember a little what he has so often promised, not only in Publick but in Pivate; and would be contented with the Exercise of his own Religion, without imbroil­ing his whole Affairs, because F. Petre will have it so: and it tempts Eng­lishmen to to more than ordinary de­grees of Rage, against a sort of Men, who it seems, can infuse in a Prince, born with the highest Sense of Honour possible, Projects to which without do­ing some Violence to his own Royal Nature, he could not so much as hear­ken to, if his Religion did not so fa­tally muffle him up in a blind Obedi­ence. But if we are so unhappy, that Priests can so disguise Matters, as to mis-lead a Prince, who without their ill Insluences would be the most Glo­rious Monarch of all Europe, and would soon reduce the Grand Lauis to a much humbler Fgure, yet it is not to be so much as imagined, that ever their Arts can be so unhappily successful, as to impose on an English Parliament, com­posed of Protestant Members.

Some REFLECTIONS on His Majesties Proclamation of the Twelfth of February, 1686/7 for a Toleration in Scotland, together with the said Pro-Proclamation.

I. THe Preamble of a Pr [...]clama­ma [...]ion is fst writ in hast, and is the flourish of some wa [...] ­t [...]n Pen: but one of such an Extraor­dinary [...] as this is, was probably more severely Examined; there is a new designation of his Majesties Au­thority here set forth of his Absolute Power, which is so often repeated, that it deserves to be a little searched into. Prerogative Royal and Sove­raign Authority, are Terms already received and known; but for this Absolute Power, as it is a new Term, so those who have coined it, may make it signifie what they will. The Roman Law speaks of Princeps Legibus solutus, and Absolute in its natural signification, importing the being without all Ties and Restraints; then the true meaning of this seems to be, that there is an Inherent Power in the King, which can neither be restrained by Laws, Promises, nor Oaths; for nothing less than the being free from all these, ren­ders a Power Absolute.

II. If the former Term seemed to stretch our Allegiance, that which comes after it, is yet a step of another nature, tho one can hardly imagine what can go beyond Absolute Power: and it is in these Words, Which all our Subjects are to obey without reserve. And this is the carrying Obedience many sizes beyond what the Grand Seigneur ever yet claimed: For all Princes, even the most violent Pretenders to Absolute Power, till Lewis the Great's time, have thought it enought to oblige their Subjects to submit to their Power, and to bear whatsoever they thought good to impose upon them; but till the Days of the late Conversions by the Dragoons, it was never so much as pretended, that Subjects were bound to Obey their Prince without Reserve, and to be of his Religion, because he would have it so. Which was the only Argument that those late Apostles made use of; so it is probale this qualification of the Duty of Subjects was put in here, to prepare us for a terrible le Roy le veut; and in that case we are told here, that we must Obey without Reserve; and when those Se­vere Orders come, the Privy Council, and all such as execute this Proclama­tion, will be bound by this Declarati­on to shew themselves more forward than any others, to Obey without Re­serve: and those poor pretensions of Conscience, Religion, Honour, and Reason, will be then reckoned as Re­serves upon their Obedience, which are all now shat out.

III. These being the grounds upon [Page 10] which this Proclamation is founded, we ought not only to consider what consequences are now drawn from them, but what may be drawn from them at any time hereafter; for if they are of force, to justify that which is inferred from them, it will be full as just to draw from the same promises an Abolition of the Protestant Religion, of the Rights of the Subjects, nor on­ly to Church-Lands, but to all Pro­perty whatsoever. In a word, it As­serts a Power to be in the King, to Command what he will, and an Obli­gation in the Subjects, to Obey what­soever he shall Command.

IV. There is also mention made in the Preamble of the Christian Love and Charity, which His Majesty would have established among Neighbours; but another dash of a Pen, founded on this Absolute Power, may declare us all Hereticks; and then in wonderful Charity to us, we must be told, that we are either to Obey without Reserve or to be Burnt without Reserve. We know the Charity of that Church pretty well: It is indeed Fervent and Burning: and if we have forgot what has been done in former Ages, France, Savoy, and Hungary, have set before our Eyes very fresh instances of the Charity of that Religion. While those Examples are so green, it is a little too imposing on us, to talk to us of Christian Love and Charity. No doubt His Ma­jesty means sincerely, and his Exact­ness to all his Promises, chiesfly to those made since he came to the Crown, will not suffer us to think an unbecoming Thought of his Royal-In­tentions; but yet after all, tho' it seems by this Proclamation, that we are bound to Obey without Reserve, it is hardship upon hardship to be bound to Believe without Reserve.

V. There are a sort of People here Tolerated, that will be hardly found out: and these are the Moderate Pres­byterians: Now, as some say, that there are very few of those People in Scotland that deserves this Character, so it is hard to tell what it amo [...]nts to; and the calling any of them Im­moderate, cuts off all their share in this Grace. Moderation is a quality that lyes in the mind, and how this will be found out, I canot so readily guess. If a Standard had been given of Opinions or Practices, then one could have known how this might have been disti [...]g [...]ished; but as it lyes, it will not be easy to make the Discrimination; and the declaring them all Immoderate, shuts them out quite.

VI. Another Foundation laid down for repealing all Laws made against the Papists, is, That they were Enacted in King Iames the Sixth's Minority: with some harsh expressions, that are not to be insisted on, since they shew more the heat of the Penner, than the Dignity of the Prince, in whose name they are given out; But all these Laws were ratifyed over and over again by [Page 11] King Iames, when he came to be of fall Age: and they have received ma­ny Confirmations by King Charles the First, and King Charles the Second, as well as by his present Majesty, both when he represented his Brother in the Year 1681, and since he himself came to the Crown: so that whatsoever may be said concerning the first Formation of those Laws, they have received now for the course of a whole hun­dred Years, thet are lapsed since King Iames was of full Age, so many Con­firmations, that if there is any thing certain in Human Government, we might depend upon them; bat this new coyned Absolute Power must carry all before it.

VII. It is also well known, that the whole Settlement of the Church Lands and Tythes, with many other things, and more particularly the Establish­ment of the Protestant Religion, was likewise enacted in King Iames's mi­nority, as well as those Penal Laws: so that the Reason now made use of, to annul the penal Laws, will serve full as wel for another Act of this Ab­solute Power, that shall abolish all those; and if Maximes that unhinge all the Se­curities of Human Society, and all that is sacred in Government, ought to be lookt on with the justest and deep­est prejudices possible, one is tempted to lose the respect that is due to every thing that carr [...]es a [...]Royal Stamp upon it, when he sees such grounds made use of, as m [...]st shake all Settlements whatsoever; for if a prescription of 120 Years, and Confirmations reite­rated over and over again these 100 Years past, do not purge some Defects in the first Formation of those Law, what can make us secure: but this looks so like a Fetch of the French Prerogative Law, both in their proces­ses with Relation to the Elict of Nantes, and those concerning Dependences at Mets, that this seems to be a Copy from that famous Original.

VIII. It were too much ill nature to look into the History of the last Age, to examine on what grounds those Characters of pious and blessed given to the Memory of Q. Mary are built, but since K. Iames's Memory has the character of glorious given to it, if the Civility of the fair Sex makes one unwilling to look into one, yet the other may be a little dwelt on. The peculiar Glory that belongs to K. Iames's Memory, is, that he was a Prince of great Learning, and that he imployed it chiefly in writing for his Religion: of the Volume in Folio in which we have his Works, two thirds are against the Churh of Rome, one part of them is a Commentary on the Revelation, proving that the Pope is Antichrist; another part of them belonged more naturally to his Post Dignity; which is the warning that he gave to all the Princes and States of Europe, against the Treasonable and Bloody Doctrines of the Papacy. The first Act he did when he came of Age, was to swear in person with all his Fa­mily, and afterwards with all his peo­ple [Page 12] of Scotland, a Covenant, contain­ing an Enumeration of all the points of Popery, and a most solemn Renuncia­tion of them, somewhat like our Par­liament Test: his first Speech to the Parliament of England was Copious on this Subject: and he left a Legacy of a Wish on such of his Posterity as should go over to that Religion, which in go [...]d manners is suppressed. It is known, K. Iames was no Conquerour, and that he made more use of his Pen than his Sword: so the Glory that is peculiar to his Memory must fall chiefly on his Learned and Immortal Writings: and since there is such a Veneration ex­pressed for him, it agrees not ill with this, to wish, that his Works were more studied by those who offer such Incense to his Glorious Memory.

IX. His Majesty assures his people of Scotland, upon a certain Knowledge and long Experience, that the Catho­licks, as they are good Christians, so they are likewise Dutiful Subjects: but if we must believe both these equally▪ then we must conclude severely against their being good Christians; for we are sure they can never be good Sub­jects, not only to a Heretical Prince if he does not extirpate Hereticks; for their beloved Council of the Late­ran, that decreed Transubstantiation has likewise decreed, that if a Prince does not extirpate Hereticks out of his [...]ominions, the Pope must depose him, and declare his Subjects absolved from their Allegeance, and give his Dominions to another: so that even his Majesty, how much soever he may be a Zealous Catholick, yet cannot be assured of their fidelity to him, unless he has given them secret Assurances, that he is resolved to extirpate Here­ticks out of his Dominions; and that all the P [...]omises which he now makes to these poor wretches are no other way to be kept, than the Assurances which the Great Lewis gave to his Pr [...] ­testant Subjects, of his observing still the Edict of Nantes even after he had resolved to break it▪ and also his last promise made in the Edict, that re­pealed the Edict of Nantes, by which he gave Assurances, that no Violence should be used to any for their Religi­on, in the very time that he was or­dering all possible Violences to be put in execution against them.

X. His Majesty assures us, that on all Occasions the Papists have shewed themselves good and faithful Su [...]jects to him and his Royal Predecessors; but how Absolute soever the King's Power may be, it seems his Knowledge of History is not so Absolute, but it may be capable of some Improvement. It will be hard to find out what Loyal­ty they shewed on the Gunpowder Plot, or during the whole progress of the Rebellion of Ireland; if the King will either take the words of King Iames of Glorious Memory, or K. Charles the first, that was indeed of pious and blessed Memory, rather than the penners of this Proclamation, it will not be hard to find Occasions where they were a little wanting in this their so much boasted Loyalty: and we are sure, that by the Principles [Page 13] of that Religion, the King can never be assured of the Fidelity of those he calls his Catholick Subjects, but by en­gaging to them to make his Heretical Subjects Sacrifices to their Rage.

XI. The King declares them capa­ble of all the Offices and Benefices which he shall think fit to bestow on them, and only restrains them from invading the Protestant Churches by force: so that here a Door is plainly opened for admitting them to the Ex­ercise of their Religion in Protestant Churches, so they do not break into them by force; and whatsoever may be the Sense of the term Benefice in its antient and first signification, now it stands only for Church Preferments; so that when any Churches, that are at the King's Gift, fall vacant, here is a plain intimation, that they are to be provided to them; and then it is very probable, that all the Laws made against such as go not to their parish Churches, will be severely turned upon those that will not come to Mass.

XII. His Majesty does in the next place, in the vertue of his Absolute Power, Annul a great many Laws, as well those that Established the Oaths of Allegeance and Supremacy, as the late Test, enacted by himself in per­son, while he represented his Brother: upon which he gave as strange an Essay to the World of his Absolute Justice in the Attainder of the late Earl of Argile, as he does now of his Absolute Power in condemning the Test it self, he also repeals his own Confirmation of the Test, since he came to the Crown, which he offered as the clear­est Evidence that he could give of his Resolution to maintain the Protestant Religion, and by which he gained so much upon that Parliament, that he obtained every thing from them that he desired of them; till he came to try them in the Matters of Religion. This is no Extraordinary Evidence to assure his people, that his Promises will be like the Laws of the Medes and Per­fians, which alter not; nor will the disgrace of the Commissioner that en­acted that Law, lay this matter wholly on him; for the Letter, that he brought, the Speech that he made, and the Instructions which he got, are all too well known to be so soon forgotten: and if Princes will give their Subjects reason to think, that they forget their Promises, as soon as the turn is served for which they were made, this will be too prevailing a Temptation on the Subjects to mind the Princes promise as little as it seems he himself does and will force them to conclude, that the Truth of the Prince, is not so Abso­lute as it seems he fancies his power to be.

XIII. Here is not only a repealing of a great many Laws, and established Oaths and Tests, but by the Exercise of the Absolute Power, a new Oath is impo­sed, which was never pretended to by the Crown in any former time, and as the Oath is created by this Absolute [Page 14] Power, so it seems the Absolute Power must be supported by this Oath: since one branch of it, is an Obligation to Maintain His Majesty and His Lawful Successors in the Exercise of this their Absolute Power and Authority against all deadly, which I suppose is Scotch for Mortals: now to impose so hard a yoke as this Absolute Power on the Subject, seems no small stretch; but it is a won­derful exercise of it to oblige the Sub­jects to defend this: it had been more modest, if they had been only bound to bear it, and submit to it: but it is a terrible thing so far to extinguish all the remnants of natural Liberty, or of a Legal Government, as to oblige the Subjects by Oath to maintain the Exer­cise of this, which plainly must destroy themselves: for the short execution by the Bow-strings of Turkey, or by sending Orders to Men to return in their Heads, being an Exercise of this Absolute Pow­er, it is a little too hard to make men swear to maintain the King in it: and if that Kingdom has suffered so much by the many Oaths that have been in use among them, as is marked in this Pro­clamation, I am afraid this new Oath will not much mend the matter.

XIV. Yet after all, there is some Comfort; his Majesty assures them, he will use no Violence nor Force, nor any Invincible Necessity to any man on the account of his perswasion: It were too great a want of respect to fancy, that a time may come in which even this may be remembrad, full as well, as the promises that were made to the Parlia­ment after His Majesty came to the Crown: I do not I Confess, apprehend that; for I see here so great a Caution used in the choice of these words, that it is plain, very great Severities may very well consist with them: It is clear, that the general words of Violence and Force are to be determined by these last of Invincible Necessity, so that the King does only promise to lay no Invincible Necessity on his Subjects; but for all Necess [...]ies that are not Invin­cible, it seems thy must expect to bear a large share of them; Disgraces, want of Imployments, Fines and Imprison­ments, and even Death it self are all Vincible things to a man of a [...]irmness of mind: so that the Violences of Tor­ture, the Furies of Dragoo [...]s, and some of the Methods now practised in France, perhaps may be Included within this Promise; since these seem almost In­vincible to Humane Nature, if it is not fortified with an Extraordinary mea­sure of Grace: but as to all other things, His Majesty binds himself up from no part of the Exercise of His Absolute Power by this Promise.

XV. His Majesty Orders this to go Immediately to the Great Seal, with­out passing through the other Seals: now since this is [...]unter-signed by the Secretary in whose hands the Signet is, there was no other step to be made but through the Privy Seal; so I must own I have a g [...]eat Curiosity of know­ing his Character in whose hands the Privy Seal is at present; for it seems his Conscience is not so very supple, as [Page 15] the Chancellors and the Secretaries are; but it is very likely, if he does not quickly change his mind, the Privy Seal at least will very quickly change its Keeper; and I am sorry to hear, that the Lord Chancellor and the Secretary have not another Brother to fill this post, that so the guilt of the ruin of that Nation, may lie on one si [...]gle Family, and that there may be no others in­volved in it.

XVI. Upon the whole matter many smaller things being waved, it being extream unpleasant to find fault, where one has all possible dispositions to pay all respect; we here in England see what we must look for. A Parliament in Scotland was tryed, but it proved a little Stubborn; and now Absolute Power comes to set all right; so when the Closetting has gone round, so that Noses are counted, we may perhaps see a Parliament here; but if it chan [...]s to be untoward, and not to Obey with­out Reserve, then our Reverend Judges will copy from Scotland, and will not only tell us of the King's Imperial Pow­er, but will discover to us this new Mystery of Absolute Power, to whch we are all bound to Obey without Re­serve.

These Reflexions refer in so many places to some words in the Proclamation, that it was thought necessary to set them near one another, that the Reader may be able to Iudge, whether he is deceived by any false Quotations or not.

By the King.

A PROCLAMATION.

IAMES R.

JAMES the Seventh by the Grace of God, King of Scotland, England, France & Ireland, Defender of the Faith, &c. To all and sundry our good Subjects. whom these presents do or may con­cern, Greeting. We have taken into our Royal Consideration the many and great inconveniencies which have hap­pened to that our Ancient Kingdom of Scotland of late years, through the dif­ferent perswasions in the Christian Re­ligion, and the great Heats and Ani­mosities amongst the several Professors thereof, to the ruin 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, Fractions, and some­times into Sacrilege and Treason. And being resolved as much as in us lyes, 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 Gur Souveraign 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 Rendezvouzes 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 lef [...]. 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 Grand Father of * Glorious Me­mory, without His Consent, and con­trary to the Duty of good Subjects, by His Regents, and other Enemies to their Lawful Soveraigns Our Royal Great Grand Mother Queen Mary of Blessed and Pious Memory, wherein [...]n­der the pretence of Religion, they cloathed the worst of Treasons, Facti­ons, and Usurpations, and [...] these Laws, not as against the Enemies of [Page 17] 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 Allegeance 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 Coun­c [...]l▪ 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 he 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 c [...]mmand 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 Hereable, when they are made or conferred; And likewise considering, that some Oaths are capable of being wrested [...]y Men of sinistrous intenti­ons, a practice in that Kingdom fatal to Religion as it was to Loyalty; Do therefore, with Advice and Consent a­foresaid, [...]ass, Annul and Discharge all Oaths whatsoever, by which any of Our Subjects are incapac [...]ated, 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 a [...]d Authority. And to this effect [...] we do by Our Roya [...] Au­thority aforesaid, Stop, [...], and Di [...]pense with all Laws enjoyning the said Oaths, T [...]sts, or any of them, par­ticularly the first Act of the first Session of the first Parliament of King Charles [Page 18] 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 fifty 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.

I A. B. do acknowledge, testifie and declare, that JAMES the Seventh, by the Grace of God, King of Scotland, Eng­land, France and Ireland, Defender of the Faith. &c. is rightful King and Su­pream Governour of these Realms, and over all persons therein; and that it is unlawful for Subjects, on any pretence, or for any cause whatsoever, to rise in Arms against Him, or any Commissionated by Him; and that I shall never so rise in Arms, nor assist any who shall so do; and that I shall never resist His power or Au­thority, nor ever oppose his Authority to his Pers [...]n, as I shall answer to God; but shall to the utmost of my power Assist, Defend, and Maintain him, his Heirs and Lawful Suc­cessors, in the Exercise of their Absolute Power▪ and Authority against all Deadly. So help me God.

And seeing many of Our good Sub­jects have before Our pleasure in these Matters was made publick, incurred the Guilt appointed by the Acts of Par­liament above-mentioned, or others; We, by Our Authority, and Absolute power and prerogative Royal above­mentioned, of Our certain Knowledge, and inna [...]e Mercy, Give Our ample and full Indemnity to all those of the Roman-Catholick or popish Religion, for all things by them done contrary to Our Laws, or Acts of Parliament, made in any time past, relating to their Re­ligion, the Worship and Excercise there­of, or for being papists, Jesuits, or Traf­fickers, for hearing, or saying of Mass, concealing of Priests or Jesuits breeding their Children Catholicks at home or abroad, or any other thing, Rite or Do­ctrrine, said, performed, or maintained by them, or any of them: And like­wise, for holding or taking of Places, Employments, or Offices, contrary to any Law or Constitution, Advices given to Us, or Our Council, Actions done, or generally any thing performed or said against the known Laws of that Our Ancient Kingdom: Excepting al­ways from this Our Royal Indemnity, all Murders, Assassinations, Thefts, and such like other Crimes, which never used to be comprehended in Our Gene­ral Acts of Indemnity. And we com­mand and require all Our Judges, or others concerned, to explain this in the most Ample Sense and Meaning Acts of Indemnity at any time have contained: Declaring this shall be as good to every one concerned, as if they had Our Royal pardon and Re­mission under Our Great Seal of that Kingdom. And likewise indemnify­ing Our Protestant Subjects from all pains and penalties due for hearing or preaching in Houses; providing there be no Treasonable Speeches uttered in the said Conventicles by them, in which case the Law is only to take place against the Guilty, and none other present; pr [...]v [...]ding also that they R [...]veal to any of Our Council the Guilt so commit­ted; As also, execpting all Fines, or Effects of Sentences already given. And likewise Indemnifying fully and freely all Quakers, for their Meetings [Page 19] and Worship, in all time past, preceed­ing the publication of these p [...]esents. And we doubt not but Our Protestant Subjects will give their Assistance and Concourse hereunto, on all Occasions, in their respective Capacities. In con­sideration whereof, and the ease those of Our Religion, and others may have hereby, and for the Encouragement of Our Protestant Bishops, and the Re­gular Clergy, and such as have hither­to lived orderly, We think fit to de­clare, that it never was Our principle, nor will We ever suffer Violence to be offered to any Man's Conscience, nor will we use Force, or Invincible Nec [...]ssity against any Man on the Account of his perswasion, nor the protestant Religi­on, but will protect Our Bishops and other Ministers in their Functions, Rights and properties, and all Our pro­testant Subjects in the free Exercise of their protestant Religion in the Church­es. And that We will, and hereby pro­mise, on Our Royal Word, to main­tain the possessors of Church-Lands for­merly belonging to Abbeys, or other Churches of the Catholick Religion, in their f [...]ll and free possession and Right, according to Our Laws and Acts of Parliament in that behalf in all time coming. And We will imploy indif­ferently all our Subjects of all Perswa­sions, so as none shall meet with any Discouragement on the account of his Religion, but be advanced, and esteem­ed by Us, according to their several Capacities and Qualifications, so long as We find Charity and Unity maintained. And if any Animosities shall arise, as We ho [...]e in God there will not, We will sl [...]e [...] the severest Effects of Our Royal Displeasure against the Beginners or Fomenters chereof, seeing thereby Our Subjects may be deprived of this general Ease and Satisfaction, We in­tend to all of them, whose Happiness, Prosperity, Wealth and Safety, is so much Our Royal Care, that we will leave nothing undone which may pro­cure these Blessin [...]s for them. And lastly, to the End all Our good Subjects may have Notice of this Our Royal Will and Pleasure, We do hereby com­mand, Our Lyon King at Arms, and his Brethren Heraulds, Macers, Pursevants and Messengers at Arms, to make timous Proclamation thereof at the Mercat-Cross of Edinburgh; And besides the printing and publishing of this Our Royal Proclamation, it is Our express Will and Pleasure, that the same be past under the great Seal of that Our Kingdom per saltum, [...]* without passing any other Seal or Register. In Order whereunto, this shall be to the Directors of O [...]r Chancellary, and their Deputies for writing the same, and to Our Chancellor for causing our great Seal aforesaid, to be appended thereunto, a sufficient Warrand.

By His Majesties Command MELFORT.
God save the King.

A LETTER, containing some Reflections on His Majesties Declaration for Liberty of Conscience, Dated the Fourth of April, 1687.

SIR,

1. I Thank you for the Favour of sending me the late Declaration that His Majesty has granted for Liberty of Conscience. I confess, I long­ed for it with great Impatience, and was surprised to find it so different from the Scotch Pattern; for I imagined, that it was to be set to the second part of the same tune: nor can I see why the Penners of this have su [...]k so much in their stile; for I suppose the same men penned both. I expected to have seen the Imperial Language of Absolute Power, to which all the Subjects are to Obey without reserve; and of the Cassing, Annulling, the stopping, and disabling of Laws set forth in the Preamble and body of this Declaration; whereas those dreadful words are not to be found here: for instead of Repealing the Laws, His Majesty pretends by this only to Suspend them; and tho in effect this a­mounts to a Repeal, yet it must be confessed that the words are softer. Now since the Absolute Power, to which His Maj [...]sty pretends in Scotland, is not founded on such poor things as Law; for that would look as if it were the gift of the People; but on the Divine Au­thority, which is supposed to be dele­gated to His Majesty, this may be as well claimed in England as it was in Scot­land: and the pretentions to Absolute Power is so great a thing, that since His Majesty thought sit once to claim it, he is little beholding to those that make him fall so much in his Language; especially since both these Declarations have appeared in our Gazettes; so that [...]s we see what is done in Scotland, we know from hence what is in some peo­ples hearts, and what we may expect in England.

II. His Majesty tells his people, that the perfect Injoyment of their Property has never been in any Case invaded by him since his coming to the Crown. This is indeed matter of great Incouragement to all good Subjects; for it lets them see, that such Invasions, as have been made on Property, have been done without His Majesties knowledge: so that no doubt the continuing to levy the Cust­omes and the Additional Excise (which had been granted only during the late Kings Life,) before the Parliament could meet to renew the Grant, was done without His Majesties knowledge; the many Violences committed not only by Soldiers, but Officers, in all the Parts of England, which are severe Invasions on Pr [...]perty, have been all without His Majesties knowledge; and since the first Branch of Property is the Right that a man has to his Life, the strange Essay of Mahometan Government, that was shewed at Taunton; and the no less strange proceedings of the present [Page 22] Lord Chancellour, in his Circuit after the Rebellion (which are very justly called His Campagne, for it was an open Act of Hostility to all Law) and for which and other Services of the like nature, it is believed he has had the reward of the Great Seal, and the Ex­ecutions of those who have left their Colours, which being founded on no Law, are no other than so many Mur­ders; all these, I say, are as we are sure, Invasions on Property; but since the King tells us, that no such Invasions have been made since he came to the Crown, we must conclude that all these things have fallen out without His Priv­ity. And if a standing Army, in time of Peace, has been ever lookt on by this Nation as an Attempt upon the whole Property of the Nation in gross, one must conclude, that even this is done without His Majesties know­ledge.

III. His Majesty expresses his Chari­ty for us in a kind wish, that we were all Members of the Catholick Church; in return to which we offer up daily our most e [...]rnest Prayers for him, that he may become a Memebr of the truly Catholick Church: for Wishes and Prayers do no hurt on no side: but His Majesty adds, that it has ever been his Opinion, that Cons [...]ience ought not to be constrained, nor people forced in matters of meer Religion. We are very happy if this continues to be al­ways his sense: but we are sure in this he is no Obedient Member of that which he means by the Catholick Church: for it has over and over ag [...]in decreed the Extirpation of Heriticks. It encourages Princes to it, by the Of­fer of the Pardon of their Sins; it threatens them to it, by denouncing to them not only the judgments of God; but that which is more sensible, the loss of their Dominions: and it s [...]ems they intend to make us know that part of their Doctrine even before we come to feel it, since tho some of that Com­munion would take away the Horror which the Fourth Council of the La­teran gives us, in which these things were decreed, by denying it to be a General Council, and rejecting the Au­thority of those Canons, yet the most learned of all the Apostates that has fall­en to them from our Church, has so lately given up this Plea, and has so f [...]rmally a [...]knowledged the Authority of that Council, and of its Canons, that it seems they think they are bound to this piece of fair dealing of w [...]rning us before hand of our Danger. It is true Bellarmin says, ‘The Church does not always execute her Power of de­posing Heretical Princes, tho she always retains it:’ one reason that he assigns, is, ‘Because she is not at all times able to put it in execution:’ so the same reason may perhaps make it appear unadviseable to Extirpate Here­ticks, because that at present it cannot be done; but the Right remains inti [...]e, and is put in execution in such an unre­lenting manner in all places where that Religion prevails, that it has a very ill Grace, to see any Member of that Church speak in this strain: and when neither the Policy of France, nor the [Page 23] Greatness of their Monarch, nor yet the Interests of the Empero [...]r joyned to the Gentleness of his own temper, could withstand these Bloody Councils, that are indeed parts of that Religion, we can see no reason to induce us to believe, that a Toleration of Religion is proposed with any other design but either to divide us, or to lay us asleep till it is time to give the Alarm for de­stroying us.

IV. If all the Endeavonrs, that have been used in the last four Reig [...]s, for bringing the Subjects of this Kingdom to a Unity in Religion have been ineffectual, as His Majesty says; we know to whom we owe both the first beginnings and the progress of the Di­visions among our selves; the gentle­ness of Q. Elizabeth's Government, and the numbers of those that adhered to the Church of Rome, made it scarce possible to put an end to that Party during her Reign, which has been ever since restless, and has had Credit e­nough at Court during the three last Reigns, not only to su [...]p [...]rt it self, but to distract us, and to divert us from apprehending the danger of being swallowed up by them, by fomenting our own Diff [...]rences, and by setting on either a Toleration, or a P [...]rsecu [...]i [...]n, as it has happened to serve their Inter­ests It is not so very long since, that nothing was to be heard at Co [...]rt but the supporting the Church of England, and the Extirpating all the Nonconfor­mists: and it were easie to name the persons, if it were decent, that had this in their Mouths; but now all is turned round again, the Church of England is in Disgrace; and now the Encouragement of Trade, the Quiet of the Nation, and the Freedom of Conscience are again in Vogue, that were such odious things but a few Years ago, that the very mention­ing them was enough to load any man with Suspicious as backward in the King's Service, while such Me­thods are used, and the Government is as in an Ague, divided between hot and cold fits, no wonder if Laws so unsteadily executed have fa [...]led of their effect.

V. There is a good reserve here left for Severity, when the proper Oppor­tunity to set it on presents it self: for his Majesty declares himself only a­gainst the forcing of men in matters of meet Religion: so that whensoever Religion and P [...]licy come to be so in­terwoven, that meer Religion is not the Case, and that publick Safety may be prete [...]ded then thi [...] Declaration is to b [...] no mo [...]e claimed: so that the fastning any thing upon the Protestant Religion, that is inconsistent with the publick Peace, will be pretended to shew that they are no persecuted for meer Religion. In France, when it was resolved to extirpate the Prote­stants, all the Discourses that were written on that Subject were full of the Wars occasi [...]ned by those of the Religion in the last Age, tho as these was the happy Occa [...]ons of bringing the House of B [...]u [...]bon to the Crown, they had been ended above 80 Years ago, and there had not been so much [Page 24] as the least Tumul [...] raised by them these 50 Years past: so that the French who have smarted under this Severity, could not be charged with the least Infraction of the Law: yet Stories of a huddred years old were raised up to inspire into the King those Apprehen­sions of them, which [...]ave produced the terrible effects that are visible to all the World. There is another Expres­sion in this Declaration, which lets us likewise see with what Caution the Of­fers of Favour are now worded, that so there may be an Occasion given when the Time and Conjuncture shall be favourable to break through them all: it is in these words, So that they take especial Care that nothing be preached or taught amongst them, which may any ways tend to alienate the Hearts of our people from us or our Goverment. This in it self is ve­ry reasonable; and could admit of no Exception, if we had not to do with a set of men, who to our great Misfor­tune have so much Credit with His Ma­jesty, and who will be no sooner lodg­ed in the Power to which they pre­tend, then they will make every thing that is preached against Popery pass for that which may in some manner a­lienate the Sabjects from the King.

VI. His Majesty makes no doubt of tthe Concurrence of his Two Houses of Parliament, when he shall think it convenient for them to meet. The Hearts of King are unsearchable, so that it is a little too presumptuous to look into His hajesties secret Thoughts: but according to the Judgments that we would make of other mens Thoughts by their Actions, one would bet [...]mpted to think, that his Majesty made some doubt of it, since his Af­fairs both at home and abroad could not go the worse, if it appeared that there were a perfect understanding be­tween Him and his Parliament, and that his people were supporting him with fresh Supplies; and this House of Commons is so much at his Devotion, that all the World saw how ready they were to rant every thing that he could desire of them, till he began to lay off the Mask with relation to the Test, and since that time the frequent Pro­rogations, the Closetting, and the pains that has been taken to gain Members, by Promises made to some, and the Disgraces of others, would make one a little Inclined to think, that some doubt was made of their Concurrence. But we must confess, that the depth of His Majesties Judgment is such, that we cannot fathom it, and therefore we can­not guess what his Doubts or his Assu­rances are. It is true, the words that come after unriddle the Mistery a litt­le, which are, when His Majesty shall think it convenient for them to mett: for the meaning of this seems plain, that His Majesty is resolved that they shall never meet, till he receive; such Assu­rances, in a new round of Closetting that he shall be pat out of doubt con­cerning it.

VII. I will not enter into the dispute concerning Liberty of Conscience, and the Reasons that may be offered for it to a Session of Parliament; for there is [Page 21] scarce any one point, that either with relation to Religion, or Politicks, af­fords a greater variety of matter for Reflection: and I make no doubt to say, that there is abundance of Reason to oblige Parliament to review all the nal Laws, either with relation to Pa­pists, or to Dissenters: but I will take the boldness to add one thing, that the Kings Suspending of laws strikes at the root of this whole Government, and subverts it quite: for if there is any thing certain with relation to English Government, it is this, that the Exe­cutive Power of the Law is entirely in the King; and the Law to fortifie him in the Management of it has cloathed him with a vast Prerogative▪ and made it unlawful on any pretence wh [...] oev [...] to resist him: whereas on the other hand, the Legislative Power is not so entirely in the King, but that the Lords and Commons have such a share in it, that no Law can be either made, repealed, or which is all one suspended, but by their consent: sh [...] that the placing this Legislative Power singly in the King, is a subversion of this whole Government, since the Essence of all Governments consists in the Subjects of the Legisla­tive Authority, Acts of Violence or Injustice, committed in the Executive part, are such things that all Princes being subject to them, the peace of mankind were very ill secured if it were not unlawful to resist upon any pretence taken from any ill Admini­strations, in which as the Law may be doubtful, so the Facts may be uncer­tain, and at worst the publick Peace must always be more valued than any private Oppressions or Injuries what­soever. But the total Subversion of a Government, being so contrary to the Trust that is given to the Prince who ought to execute it, will put men up­on uneasie and dangerous Inquiries: which will turn little to the Advantage of those who are driving matters to such a doubtful and desperate Is­sue.

VIII. If there is any thing in which the Exercise of the Legislative Power seems indispensable, it is in those Oaths of Allegeance and Tests, that are thought necessary to Qualifie men ei­ther to be admited to enjoy the Prote­ction of the Law, or to bear a share in the Government; for in these the Se­curity of the Government is chiefly concerned; and therefore the total Extinction of these, as it is not only a Suspension of them, but a plain re­pealing of them, so it is a Subverting of the whole Foundation of our Go-Government: For the Regulation that King and Parliament had set both for the Subjects having the Protection of the State by the Oath of Allegeance, and for a share in the places of Trust by the Tests, is now pluckt up by the roots; when it is declared, That these shall not at any time hereafter be re­quired to be taken or subscribed by any persons whatsoever: fot it is plain, that this is no Suspension of the Law, but a formal repeal of it, in as plain Words, as can be con­ceived.

[Page 22] IX. His Majesty says, that the Be­nefit of the Service of all his Subjects is by the Law of Nature Inseparably an nexed to and inherent in his Sacred Person. It is somewhat strange, that when so many Laws, that we all know are suspended, the Law of Nature, which is so hard to be found out, should be clted; but the Penners of this Declaration had best let that Law lie forgotten among the rest; and there is a scurvy Paragraph in it con­cerning self-Preservation, that is capa­ble of very unacceptable Glosses. It is hard to tell what Section of the Law of Nature has markt either such a Form of Government, or such a Fa­mily for it. And if His Majesty re­nounces his Pretensions to our Allege­ance as founded on the Laws of Eng­land; and betakes himself to this Law of Nature, he will perhaps find the Coun­sel was a little too rash; but to make the most that can be, the Law of Na­tions or Nature does indeed allow the Governors of all Societies a Power to serve themselves of every Member of it in the cases of Extream Danger; but no Law of Nature that has been yet heard of will conclude, that if by special Laws, a sort of men have been disabled from all imployments, that a Prince who at his Coronation Swore to maintaiu those Laws, may at his plea­sure extinguish all these Disabilities.

X. At the end of the Declaration, as in a Postscript, His Majesty assures his Subjects, that he will main­tain them in their Properties, as well in Church and Abbey Lands, as other Lands: but the chief of all their Pro­perties being the share that they have by their Representatives in the Legislative Power; this Declaration, which breaks thro that, is no great E­vidence that the rest will be maintain­ed: and to speak plainly, when a Co­ronation Oath is so little remembred, other Promises must have a proportio­ned degree of Credit given to them: as for the Abbey Lands, the keeping them from the Church is according to the Principles of that Religion Sacri­ledge; and that is a mortal Sin, and there can no Absolution be given to any who continue in it: and so this Pro­mise being an Obligation to maintain men in a mortal Sin, is [...] and void of it self: Ch [...]rch Lands are also accor­ding to the Doctrine of their Cano­nists, so immediately Gods Right, that the Pope himself is the only Admini­strator and Dispeneer, but is not the Master of them; he can indeed make a truck for God, or let them so low, that God shall be an easie Landlord: but he cannot alter God' s Property, nor translate the Right that is in him to Sacrilegious Laymen and Here­ticks.

XI. One of the Effects of this De­claration, will be the setting on foot a new run of Adresses over the Nation: for there is nothing how impudent and base soever, of which the abject flattery of a slavish Spirit is not capa­ble. It must be confest, to the Re­proach of the Age, that all those strains [Page 23] of flattery among the Romans, that Tacitus sets forth with so much just Scorn, are modest things, compared to what this Nation has produced with­in these seven Years: only if our Flat­tery has come short of the Refinedness of the Romans, it has exceeded theirs as much in its loathed Fulsomne [...]s: The late King set out a Declaration, in which he gave the most solemn As­surances possible of his adhering to the Church of England, and to the Religi­on established by Law, and of his Re­solution to have frequent Parliament; upon which the whole Nation fell as it were into Raptures of Joy and Flat­tery: but tho he lived four Years after that, he called no Parliament, notwith­standing the Law for Trien [...]ial Parlia­ments: and the manner of his Death, and the Papers printed after his Death in his Name, having sufficiently shew­ed, that he was equally sincere in both those Assurances that he gave, as well in that relating to Religion, as in that other relating to frequent Parliaments; yet up­on his Death a [...]ew let of Addresses ap­peared, in which all that Flattery could invent was brought forth, in the Commendations of a Prince, to whose Memory the greatest kindness can be done, is to forget him and be­cause his present Majesty upon his coming to the Throne give some very general Promise of maintaining the Church of England, this was magnified in so Extravagant a st [...]ain, as if it had been a Securiry greater than any that the Law could give: tho by the re­gard that the King has both to i [...] and to the Laws, it appears that he is resol­ved to maintain both equally: since then the Nation has already made it srlf sufficiently ridiculous both to the present and to all succeeding Ages; it is time that at last men should grow weary, and become ashamed of their Folly.

XII. The Nonconformists are now in­vited to set an Example to the rest: and they who have valued themselves hitherto upon their Oppositian to Po­pery, and that have quarrelled with the Church of England, for some small Approaches to it, in a few Ceremo­nies, are now solicited to rejoyce, be­cause the Laws that secure us against it, are all plucked up: since they en­joy at present and during pleasure leave to meet together. It is natural for all men to love to be set at ease, e­specially in the matter, of their Con­sciences; but it is visible, that thos who allow them this favour, do it with no other design, but that under a pretence of a General Toleration, they may Introduce a Religion which must persecute all equally: it is like­wise apparent how much they are hated, and how much they have been persecuted by the Instigation of those who now Court them, and who have now no game that is more promising, than the engaging them and the Church of England into new Quarrels: and as for the Promises now ma [...]e to them, it cannot be supposed that they will be more l [...]sting than those that were made some time ago to the Church of Eng­land, [Page 24] who had both a better Title in Law and greater Merit upon the Crown to assure them that they should be well used than these can pretend to. The Nation has scarce forgiven some of the Church of England the Persecution in­to which they have suffered themselves to be cosened; tho now that they see Popery barefaced, the Stand that they have made, and the vigorous Oppositi­on that they have given to it, is that which makes all men willing to forget what is past, and raises again the Glory of a Church that was not a little stained by the Indiscretion and Weakness of those, that were too apt to believe and hope, and so suffered themselves to be made a Property to those who would make them a Sacrifice. The Sufferings of the Nonconformists, and the Fn [...]y that the Popish party expressed against them, had recommended them so much to the Compassions of the Nati­on, and had given them so just a pre­tension to favour in a better time, that it will look like a Curse of God upon them, if a few men, whom the Court has gained to betray them, can have such an ill Influence upon them as to make them throw away all that Merit, and those Compassions which their Sufferings have procured them; and to go and court those who are only seemingly kind to them, that they may destroy both them and us. They must remember that as the Church of England is the only Establishment that our Religion, has by Law; so it is the main body of the Nation, and all the Sects are but small and stragling par­ties: and if the Legal Settlement of the Church is dissolved, and that body is once broken, these lesser bodies will be all at Mercy: and it is an easy thing to define what the Mercies of those Church of Rome are.

XIII. But tho' it must be confessed, that the Nonconformists are still un­der some Temptations▪ to receive every thing that gives them present ease, with a little too much kindness; since they lie exposed to many severe Laws, of which they have of late felt the weight very heavily, and as they are men, and some of them as ill Na­tured men as other people, so it is no wonder if upont he first surprises of the Declaration, they are a little delight­ed, to see the Church of England, after all its Services and Submissions to the Court, so much mortified by it; so that taking all together it will not be strange if they commit some Follies upon this occasion. Yet on the other hand it passes all imagination, to see some of the Church of England. espe­cially those whose Natures we know are so particularly sharpned in the point of Persecution, chiefly when it is levelled against the Dissenters, re­joyce at this Declaration, and make Addresses upon it. It is hard to think that they have attained to so high a a pitch of Christian Charity, as to thank those who do now Despitefully use them, and that as an earnest that within a little while they will Persecute them. This will be an Original, and a Master-piece in Flattery, which must [Page 29] needs draw the last degrees of Con­temption such as are capable of so ab­ject and sordid a Compliance, and that not only from all the true Members of the Church of England, but likewise from those of the Church of Rome it self; for every man is apt to esteem an Enemy that is brave even in his Misfor­tunes, as much as he despises those whose minds sink with their Conditi­on, for what is it that these men would the King? Is it because he breaks those Laws that are made in their Favour, and for their Protection: and is now striking at the Root of all Legal Set­tlement that they have for their Religi­on? Or is it because that at the same time that the King professes a Religion that condemns his Supremacy, yet he is not contented with the Exercise of it as it is warranted by Law, but carries it so far as to erect a Court contrary to the express worps of a Law so lately made: That Court takes care to main­tain a due proportion between their Constitution and all their Proceedings, that so all may be of a piece, and all e­qually contrary to Law. They have suspended one Bishop, only because he w [...]uld not do that which was not in his power to do: for since there is no Ex­trajudiciary Authority in England, a Bishop can no more proceed to a Sen­tence of Suspension against a Clergy­man without a Tryal, and the hearing of Parties, than a Judge can give a Sentence in his Chamber without an Indictment, a Tryal, or a Jury, and because one of the greatest bodies of England would not break their Oaths, and obey a Mandate that plainly con­tradicted them, we see to what a pitch this is like to be carried. I will not anticipate upon this illegal Court, to tell what Judgments are coming; but without carrying our Jealousies ton far, one may safely conclude, that they will never depart so far from their first Institution, as to have any regard, ei­ther to our Religion, or our Laws, or Liberties, in any thing they do. If all this were acted by a owed Papists, as we are sure it is projected by such, there were nothing extraordinary in it: but that which carries our Indig, nation a little too far to be easily go­verned, is to see some pretended Pro­testants, and a few Bishops, among those that are the fatal Instruments of pulling down the Church of England and that those Mercenaries Sacrifice their Religion and their Church to their Ambition and Interests; this has such peculiar Characters of Misfortune upon it, that it seems it is not enough if we perish without pity, since we fall by that hand that we have so much supported and fortified, but we must become the Scorn of all the world, since we have produced such an unna­tural Brood, that even while they are pretending to be the Sons of the Church of England, are cutting their Mothers Throat: and not content with Iudas's Crime, of saying, Hail Master, and kissing him, while they are betraying him into the hands of othnrs; these carry their Wickedness f [...]rth [...]r, and say. Hail Mother, and then they them­selves murthe [...] her. If after all this we [Page 30] were called on to bear this as Christians, and to suffer it as Subjects, if we were required in Patience to pos­sess our own Souls, and to be in Chari­ty with our Enemies; and which is more, to forgive our False Brethren who add Trea [...]ery to their Hatred; the Exhortation were seasonable, and indeed a little necessary: for humane Nature cannot easily take down things of such a hard digestion: but to tell us that we must make Addresses, and of­fer Thanks for all this, is to insult a little too much upon us in our Suffer­ings: and he that can believe that a dry and cautiously worded Promise of maintaining the Church of England, will be religiously observed after all that we have seen, and is upon that carried so far out of his Wits as to Ad­dress and give Thanks, and will believe still, such a man has nothing to ex­cuse him from believing Transubstaetia­tion it self; for it is plain that he can bring himself to believe even when the thing is contrary to the clearest E­vidence that his senses can give him.

Si populus hic vult decipi decipiatur.

POSTSCRIPT.

THese Reflections were writ soon after the Declaration came to my hands, but the Matter of them was so tender, and the Conveyance of them to the Press was so uneasie, that they appear now too late to have one effect that was Designed by them, which was, the diverting men from making Addresses upon it; yet if what is here pro­posed makes men become so far wise as to be ashamed of what they have done, and is a means to keep them from carrying their Courtship further than good words, this Paper will not come too late.

An Answer to a Paper, Printed with Allowance, Entitled, A New Test of the Church of Englands Loyalty.

1. THE Accusing the Church of England of want of Loyalty, or the putting it to a new Test, after so fresh a one, with relation to His Majesty, argues a high degree of Confidence in him who undertakes it. She knew well what were the Doctrines and Practices of those of the Roman Church, with Relation to Hereticks; and yet She was so true to her Loy­alty, that She shut her Eyes on all the Temptations that so just a fear could raise in her; and She set her self to support His Majesties Right of Successi­on, with so much Zeal, that She there­by not only put her self in the power of her Enemies; but She has also Exposed her Self to the Scorn of those who in­sult over her Misfortune. She lost the Affections even of many of her own Children; who thought that her Zeal for an Interest, which was then so much decry'd, was a little too fer­vent: and all those who judged se­verely of the proceedings, thought that the Opposition which She made to the side that then went so high, had more Heat than Decency in it. And indeed all this was so very Extraordi­nary, that if She was not acted by a principle of Conscience, She could make no Excuse for her Conduct. There appeared such peculiar Marks of Af­fection and Heartiness, at every time that the Duke was named, whether in Drinking his Health, or upon graver Occasions, that it seemed affected: and when the late King himself (whose Word they took that he was a Pro­testant) was spoke of but coldly, the very Name of the Duke set her Chil­dren all on fire: this made many con­clude, that they were ready to Sacri­fice all to him, for indeed their Beha­viour was inflamed with so much Heat, that the greater part of the Nation be lieved they waited for a fit oppor­tunity to declare themselves, Faith in Jesus Christ was not a more frequent Subject of the Sermons of many, than Loyalty; and the Right of the Suc­cession to the Crown, the Heat that appeared in the Pulpit, and the Learn­ing that was in their Books on these Subjects, and the Eloquent Strains that were in their Addresses, were all Ori­ginals, and made the World conclude, That whatever might be laid to their Charge, they should never be accused of any want of Loyalty, at least in this King's time, while the remem­brance of so signal a service was so fresh. When His Majesty came to the Crown, these men did so entirely [Page 32] depend on the Promise that he made, to maintain the Church of England, that the doubting of the performance ap­peared to them the worst sort of Infide­lity. They believed, that in His Ma­jesty, the Hero, and the King, would be too strong for the Papists, and when any one told them, How weak a tie the Faith of a Catholick to Hereticks must needs be, they could not hearken to this with any patience: but looked on his Majesties Promise as a thing so Sa­cred, that they imploy'd their interest to carry all Elections of Parliament-Men, for those that were recommended by the Court, with so much Vigour, that it laid them open to much Cen­sure. In Parliament they moved for no Laws to secure their Religion; but assuring themselves, that Honour was the Kings Idol, they laid hold on it, and fancied, that a publick reliance on his Word, would give them an Interest in his Majesty, that was Generous, and more suteable to the Nobleness of a Princely Nature than any new Laws could be: so that they acquieseed in it, and gave the King a vast Revenue for Life: In the Rebellion that followed. they shewed with what Zeal they ad­hered to his Majesty, even against a Pretender that declared for them. And in the Session of Parliament, which came after that, they shewed their disposition to assist the King with new Supplies, and were willing to Excuse and indem­nifie all that was past; only they desi­red with all possible Modesty, that the Laws which His Majesty had both pro­mised, and at his Coronation had Sworn to maintain might be Ex [...]cuted. Here is their Crime, which has raised all this Out-cry; They did not move for the Ex [...]cution of [...]evere and penal Laws but were willing to let those sleep, till it might appear by the Behaviour of the Papists, whether they might de­serve that there should be any Mitiga­tion made of them in their Favour. Since that time, our Church-men have have been constant in mixing their Zeal for their Religion against Popery, with a Zeal for Loyalty against Rebellions because they think these two are very well consistent one with another. It is true, they have generally expressed an unwillingness to part with the two Tests; because they have no mind to trust the keeping of their Throats to those who they believe will cut them, and they have seen nothing [...] the con­duct of the Papists, either [...]thin or without the Kingdom, to make them grow weary of the Laws for their sakes, and the same principle of common sense, which make it so hard for them to believe Transubstantiation, makes them conclude that the Author of this Paper, and his Friends, are no other, than what they hear, and see, and know them to be.

II. One instance in which the Church of England shewed her Submission to the Conrt, was, that as soon as the Nonconformists had drawn a new Storm upon themselves, by their medling in the matter of Exclusion, many of her Zealous Members went into that Pro­secution of them, which the Court set [Page 33] on foot. with more Heat, than was perhaps justifiable in it self, or reaso­nable in those Circumstances; but how censurable soever some angry men may be, it is somewhat strane to see those of the Church of Rome blame us for it, which has decreed some unrelenting Severities against all that differ from her, and has enacted that not only in Parliaments but even in General Coun­cils. It must needs sound odly to hear the Sons of a Church, that must de­stroy all others as soon as it can com­pass it, yet complain of the Excesses of Fines and [...]mprisonments, that have been of late among [...]s. But if this Reproach seems a little strange when it is in the Mouth of a Papist, it is much more provoking▪ when it comes from any of the Court. Were not all the Orders [...] late Severity sent from thence? Did not the Judges in every Circuit, and the Favourite Justices of Peace in every Sessions, imploy all their Eloquence on this Subject? The Dire­ctions that were given to the Justices and the Grand Iuries were all repeated Aggravations of this Matter: and a little Ordinary Lawyer, without any o­ther Visible Merit, but an Outragious Fu­ry in those Matters, on which he has chiefly valued himself, was of a sud­den taken in his Majesties special Fa­vour, and raised up to the Highest Posts of the Law. All these things, led s [...]me of our Obedient Clergy, to look on it as a piece of their Duty to the King, to encourage that Severity, of which the Court seemed so fond, that almost all people thought, they had set it up for a Maxime, from which they would never depart. I will not pretend to excuse all that has been done of late Years: but it is certain, that the most crying Seve [...]ities have been acted by persons that were raised up to be Judges and Magistrates for that very end: they were Instructed, Tr [...]sted and Rewarded for it, both in the last and under the p [...]esent Reign, Church-preferments were distinguished rather as Recompences of this devouring Zeal, than of a real Merit; and men of more mode ate Tempers were not on­ly ill lookt at, but ill used. So that it is in it self very unreasonable to throw the load of the late Rigour on the Church of England, without distincti­on: but it is worse than in good man­ners it is fit to call it, if this Reproach comes from the Court. And it is some­what unbecoming to see that; which was set on at one time, disowned at a­nother; while yet he that was the chief Instrument in it is still in so high a post; and begins now to treat the men of the Church of England, with the same Brutal Excesses, that he be­stowed so lately and so liberally on the Dissenters; as if his design were to render himself equally odious to all Mankind.

III. The Church of England may justly expostulate when she is treated as Seditinus; after she has rendred the highest Services to the Civil Authority, that any Church now on Earth has done, She has beaten down all the Principles of Rebellon, with more Force and Learn­ing than any Body of men has yet [Page 34] done; and has run the hazard of En­raging her Enemies, and losing her Friends, even for those, from whom the more learned of her Members knew well what they might expect. And since our Author likes the figure of a Snake in ones Bosom so well; I could tell him, that according to the Apo­ [...]ogue, we took up and sheltred an In­terest, that was almost Dead, and by that warmth gave it Life, which yet now with the Snake in the Bosom, is like to bite us to Death. We do not say, that we are the only Church that has the Principles of Loyalty, but this we may say, that we are the Church in the World that carries them the highest; as we know a Church that of all o­thers sinks them the lowest. We do not pretend that we are inerrable in this Point, but acknowledge that some of our Clergy miscarried in it upon King Edwards Death: Yet at the same time others of our Communion adhered more ftedily to their Loyalty in favour of Q. Mary, that She did to the Promises that she made to them. Upon this Subject our Aurhor by his false Quotation of Hi­story, forces me to set the Reader right, which if it proves to the Disadvantage of his Cause, his Friends may thank him for it. I will not enter into so te­dious a Digression, as the justifying Queen. Elizabeths being Legitimate, and the throwing the Bastardy on Queen Mary must carry me to; this I will only say, that it was made out, that according to the best sort of Arguments, used by the Church of Rome, I mean the con­stant Tradition of all Ages, King Henry the Eighth marrying with Queen Catherine, was Inces [...]uous, and by consequence Q. Mary was the Bastard, [...]d Queen Eli­zabeth was the Legitimate Issue. But our Author not satisfied with defaming Queen Elizabeth, tells us, that the Church of England was no sooner set up by her, than She Enacted those Bloo­dy Cannibal Laws, to Hang, Draw and Quarter the Priests of the Living God: But since these Laws disturb him so much, what does he think of the Laws of Burning the poor Servants of the Li­ving God, because they cannot give Di­vine Wership to that which they believe to be only a Piece of Bread? The Re­presentation he gives of this part of our History, is so false, that tho upon Q. Elizabeths coming to the Crown, there were many Complaints exhibited of the illegal Violences that Bonner and o­ther Butchers had committed, yet all these were stifled, and no Penal Laws were Enacted against those of that Re­ligion. The popish Clergy were in­deed turned out; but they were well used, and had Pensions assigned them; so ready was the Queen and our Church to forgive what was past, and to shew all Gentleness for the future. During the first thirteen Years of her Reign, matter went on calmly, without any sort of Severity on the account of Reli­gion. But then the restless spirit of that Party, began to throw the Nation into violent Convulsions. The Pope deposed the Queen, and one of the Party had the Impudence to post up the Bull in London; upon this followed se­veral Rebellions, both in England and [Page 35] Ireland, and the Papists of both King­doms entred into Confederacies with the King of Spain and the Court of Rome the Preists disposed all the people that depended on them, to submit to the Popes Authority in that Disposition, and to reject the Queens; These endeavours, besides open Rebelion, produced many Secret Practices against her Life. All these things gave the rise to the severe Laws, which began not to be enacted before the twentieth year of her raign. A War was formed by the Bull of De­position, between the Queen and the Court of Rome, so it was a necessary Piece of Precaution, to decleare all those to be Traitors who were the Missiona­ries of that Authority which had stript the Queen of hers: yet those Laws were not executed upon some Secular Priests who had the Honesty to condemn the Deposing Doctrine. As f [...]r the unhap­py Death of the Queen of Scotland, it was brought on by the wicked Practi­ces of her own Party, who fatally in­volved her in some of them; She was but a Subject here in England; and if the Queen took a more Violent way, than was decent for her own Security, here was no Disloyalty nor Rebellion in the Church of England, which owed her no sort of Allegeance.

IV. I do not pretend that the Church of England has any great cause to value her self upon her Fidelity to King Charles the First, tho [...] our Author would have it pass for the only thing of which She can boast: for I confess, the cause of the Church was so twi [...]ed with the King`s, that Interest and Duty went together: tho` I will not go so far as our Author, who says, that the Lavs of Nature dictates to every Individual to fight in his own Defence: This is too bold a thing to be delivered so crude­ly at this time. The Laws of Nature are perpetual, can never be cancelled by any special Law: So if these Gen­tlemen own so freely, that this is a Law of Nature, they had best take care not to provoke Nature too much, lest She fly to the Reliefe that this Law may give her, unless she is restrained by the Loyalty of our Church Our Author values his Party much upon their Loy­alty to King Charles the first: but I must take the Liberty to ask him of what Religion were the Irish Rebells; and what sort of Loyalty was it, that they shewed either in the first Mas­sacre, or in the progress of that Rebel­lion? Their Messages to the Pope, to the Court of France, and to the Duke of Larrain, offering themselves to any of these, that would have undertaken to protect them, are acts of Loyalty which the Church of England is no ways in clined to follow: and the Authentical Proofs of these things are ready to be produced. Nor need I add to this, the hard terms that they offered to the King, and their ill usage of those whom he Imployed. I could likewise repress the Insolence of this Writer, by telling him of the Slavish Submissions that­their Party made to Cromwel, both Fa­ther and son. As for their Adhering to King Charles the first, there is a pe­culiar Boldness in our Authors A [...]ert [...] ­on, [Page 36] who says, that they had no Hope nor Interest in that Cause: The State of that Court is not so quite forgot, but that we do well remember what Cre­dit the Queen had with the King, and what Hopes She gave the Party; yet they did not so entirely espouse the Kings Cause, but that they had likewise a flying Squadron in the Parliaments Army, how [...]oldly soever this may be denyed by our Author, for this I will give him a proof, that is beyond excep­tion, in a Declaration of that Kings, sent to the Kingdom of Scotland, baring date the 21 of April 1643. which is printed over and over again, and as an Author that writes the History of the late Wars, had assured us the clean draught of it, corrected in some places with the King's own Hand, is yet extant: so that it cannot be pretended, that this was only a bold Assertion of some of the Kings Ministers, that might be ill affected to their Party. In that De­claration the King studied to possess his Subjects of Scotland with the Justice of his Cause, and among other things, to clear himself of that Imputation that he had an Army of Papists about him, after many things said on that head, these words are added: ‘Great num­bers of that Religion have been with great Alac [...]ity entertained in that Re­bellious Army against us: and others have been seduced, to whom we had formerly denyed Imployments; as ap­pears by the Examination of many Prisoners, of whom we have taken twenty and thirty at a time of one Troop or Company of that Religion.’ I hope our Author will not have the Impudence to dispute the Credit that is due to this Testimony: but no Dis­coveries, how evident soever they may be, can affect some sort of men; that have a Secret against bl [...]shing.

V. Our Author exhorts us, to charge our Principles of Loyalty, and to take Example of our Catholick Neighbours, how to behave our selves towards a Prince, that is not of our Perswasion: But would he have us learn of our [...]ish Neighbours, to cut our Fellow Subjects Throats; and rebel against our King, because he is of another Religion? for that is the freshest Example that any of our Catholick Neighbours have set us: and therefore I do not look so far back, as to the Gunpowder-plot, or the League of France in the last Age. He reproa­bhes us for failing in our Fidelity to our King. But in this matter we appeal to God, Angels and Men; and in parti­cular to His Majesty: Let our Enemies shew any one Point of our Duty, in which we have failed: for as we can­not be charged for having preacht any Seditious Doctrine, so we are not wan­ting in the Preaching of the Duties of Loyalty, even when we see what they are like to cost us. The Point which he singles out is, That we have failed in that grateful Return, that we owed his Majesty for his Promise, of Main­taining our Church as it is Established by Law; since upon that we ought to have repealed the Sanguinary Laws, and the late impious Tests: the for­mer being enacted to maintain the U­surpation [Page 37] of Queen Elizabeth; and the other being contrived to exclude the present King. We have not failed to pay all the Gratitude and Duty that was possible, in return to His Majesties Pro­mise; which we have carried so far, that we are become the Object even of our Enemies Scorn by it. With all Humi­lity be it said, that if His Majesty had promised us a farther Degree of His Favour, than that of which the Law had assuered us, it might have been expected, that our return should have a degree of Obedience beyond that which was required by Law; so that the return of the Obedience injoyned by Law, answers a Promise of a protecti­on according to Law: yet we carried this matter farther; for as was set forth in the beginning of this paper, we went on in so high a pace of Compli­ance and Confidence, that we drew the censuers of the whole Nation on us: nor could any Jealousies or Fears give us the least Apprehensions, tell we were so hard pressed in matters of Religion, that we conld be no longer silent; The same Apostle that taught us to Honour the King, said likewise, that we must obey God rather than man. Our Au­thor knows the History of our Laws ill; for besides wha has been allready said, touching the Laws made by Queen E­lizabeth, the severest of our Penall Laws, and that which troubles him and his friends most, was past by K. Iames after the Gunpowder-plot; a provocation thut might have well Ju­stified even greater Severities. But tho our Author may hope to Im­pose on an Ignorant Reader, who may be apt to believe Implicity, what he says concerning the Laws of the last Age, yet it was too hold for him to assert, that the Tests, which are so lately made, were contrived to exclude the present King: when there was not a thought of Exclusion many Years after the first was made, and the Duke was accepted out of the second by a special Proviso. but these Gentlemen will do well never to mention the Exclusion; for every time that it is named, it will make people call to mind, the Service that the Church of England did in that matter, and that will carry with it a Reproach of Ingratitude that needs not be aggravated. He also con­founds the two Tests, as if that for publick Imployments, contained in it a Declaration of the Kings being an I­dolater, or as he makes it, a Pagan: which is not at all in it, but in the o­ther for the Members of Parliament, in which there is indeed a Declaration, that the Church of Rome is guilty of Idolatry; which is done in general terms, without applying it to His Ma­jesty, as our Author does: Upon this he would infer, that his Majesty is not safe till the Tests are taken away: but we have given such Evidences of our Loyalty, that we have plainly shewed this to be false, since we do openly de­clare, that our Duty to the King is not founded on his being of this or that Religion; so that his Majesty has a full Security from our Principles, tho the Tests contiune, since there is no reason that we, who did run the hazard of be­ing [Page 38] ruined by the Excluders, when the Tide was so strong against us, would fail his Majesty now, when our Interest and Duty are joyned together: but if the Tests are taken away, it is certain that we can have no Severity any lon­ger; for we shall be then laid open to the Violence of such restless and ill-na­tured men, as the Author of this Pap [...]r and his Brethren are.

VI. The same reason that made our Saviour refuse to throw himself down from the Roof of the Temple, when the Devil tempted him to it, in the vain Confidence, that Angels must be assistant to him to preserve him, holds good in our Case. Our Saviour said, Thou shalt not Tempt the Lord thy God. And we dare not trust our selves to the Faith and to the Mercies of a Society, that is but too well known to the World, to pretend, that we should pull down our Pales, to let in such Wolves among us. God and the Laws hath given us a legal Security, a [...]d His Majesty has promised to maintain us in it: and we think it argues no Distrust, either of God, or the Truth of our Religion, to say, that we can­not by any Act of our own, lay our selves open, and throw away that De­fenee. Nor would we willingly expose his Majesty to the unwearied Solicita­tions of a sort of men, who, if we may Judge of that which is to come, by that which is past, would give him no rest, if once the Restraints of Law were taken off, but would drive mat­ters to those Extremities, to which we see their Natures carry them head­long.

VII, The last Paragraph is a strain worchy of that School that bred our Author; he says, ‘His Majesty may withdraw his Royal Protection from the Church of England which was promised her, upon the account of her constant Fidelity,’ and he brings no other Proof to confirm so bold an Assertion but a false Axiome of that despised Philosophy, in which he was bred: Cessante causa tollitur Effectus This is indeed such an lndignity to His Majesty, that I presume to say it with all humble Reverence, these are the last persons whom he ought to pardon, that have the Boldnels to touch so sa­cred a point as the Faith of a Prince, which is the chief Security of Go­vernment, and the Foundation of all the Confidence that a Prince can pro­mise himself from his People, and which, once blasted, can never be re­covered: Equivocations may be both taught and practised with less danger by an Order that has little Credit to lose; but nothing can shike Thrones so much, as such treacherous Maxims I must also ask our Author, in what point of Fidelity has our Church failed so far, as to make her forfeit her Title to His Majesties Promises? for as he himself has stated this matter, it comes all to this. The King promised that he would maintain the Church of England as Established by Law. Upon which in Gratitude he says, that the Church of England [Page 39] was bound to throw up the Chief Se­curity that she had in her Establish­ment by Law; which is, that all who are intrusted either with the Legisla­tive or the executive Parts of our Go­vernment, must be of her Communi­on; and if the Church of England is not so Tame and so Submissive, as to part with This, then the King is free from his Promise, and may withdraw his Royal Protection; though I must crave leave to tell him, that the Laws gave the Church of England a Right to that Protection, whether His Majesty had promised it or not.

Of all the Maxims in the World, there is none more hurtful to the Government, in our present Circumstan­ces, than the saying, that the Kings Promises and the Peoples Fidelity ought to be Reciprocal; and that a Fai­lu [...]e in the one, cuts off the other: for by a very natural consequence the Subject may likewise say, that their Oaths of Allegeance being founded on the Assu­rance of His Majesties Protection, the One binds no longer than the O­thir is observed: and the Inferences that may be drawn from hence will be very terrible, if the Loyalty of the sos mueh decryed Church of England, does not put a stop to them.

A LETTER, containing some Remarks on the Two Papers, writ by His late Mai [...]sty King Charles the Second, concerning Religion.

SIR,

I Thank you for the two Royal Papers, that you have sent me: I had heard of them before, but now we have them to well t [...]ested, that there is no hazard of being deceive by a false Co­py: you expect that in return, I should let you know, what Impression they have made upon me. I pay all the reverence that is due to a Crownd Head, even in Ashes; to which I will never be want­ing: far less am I capable of suspecting the Royal Attestation that accompanies them; of the truth of which I take it for granted no man doubts; but I must crave leave to tell you, that I am confident, the late King only copied them, and that they are not of his Composing: for as they have nothing of that free Air, with which he expressed himself; so there is a Contexture in them, that does not look like a Prince; and tho beginning of the first shewes it was the effect of a Conver­sation, and was to be communicated to another: so that I am apt to think they were Composed by another, and were so well relished by the late King, that he thought fit to keep them, in order to his examining them more particularly: and that he was prevailed with to Copy them lest a Paper of that nature might have been made a Crime, if it had been found about him writen by another hand: and I could name one or two Persons, who as they were able enough to Compose such Papers, so had power enough over his Spirit to engage him to Copy them, and to put themselves out of danger by restoring the Original.

You ought to address your self to the Learned Divines of our Church, for an answer to such things in them as puzzle you, and not to one that has not the honour to be of that Body, and that has now carried a Sword for some time, and imploys the leasure that at any time he enjoyes, rather in Philosophical and Ma­thematical Enquiries than in matters of Controversie. There is indeed one Consideration that determined me more easily to comply with your desires, which is, my having had the honour to dis­course copiously of those matters with the late King himself: and he having proposed to me some of the particulars that I find in those Papers, and I having said several things to him, in answer to those Heads, which he offered to me only as Objections, with which he seemed fu [...]ly satisfied, I am the more willing to communicate to you, that which I took the liberty to lay before His late Majesty on several occasions: the particulars on which he insisted in discourse with me, were the ‘uselessness of a Law without a Judge, and the necessity of an infal­lible Tribunal to determine Controver­sies to which he added, the many Sects that were in England, which seemed to be a necessary consequence of the Liberty that every one took to inter­pret the Scriptures: and he often re­peated that of the Church of Englands arguing, from the obligation to obey the Church, against the Sectaries, which he thought was of no force, unless they allowed more Authority to the Church then they seemed willing to admit, in their Disputes with this Church of Rome. But upon the whole Matter I will offer you some Re­flections, [Page 46] that will, I hope, be of as great weight with you, as they are with my self.

I. All Arguments that prove upon such general Considerations, that there ought to be an Infallible Judge named by Christ and clothed with his Author­ity, signify nothing, unless it can be shewed us, in what Texts of Scripture that [...]omination is to be found; and till that is shewed, they are only Arguments brought to prove that Christ ought to have done somewhat that he has not done. So these are in effect so many Arguments a­gainst Christ, unless it appears that he has Authorised such a Judge: therefore the right way to end this dispute, is, to shew where such a Constitution is a [...] ­thorised: So that the most that can be made of this is, that it amounts to a favourable presumption.

II. It is a very unreasonable thing for us to form Presumptions, of what is, or ought to be, from Inconveniences that do arise, in case that such things are no [...] for we may carry this so far, that it will not be easie to stop it. It seems more sutable to the infinite Goodness of God, to communicate the knowledge of him­self to all mankind, and to furnish every Man with such assistances as will certain­ly prevail over him. It seems also rea­sonable to think, that so perfect a Savi­our as Jesus Christ was, should have shewed us a certain Way, and yet con­fident with the free Use of our Faculties, of avoiding all sin: nor is it very easy to imagine, that it should be a reproach on his G [...]spel, if there is not an Infallible Preserv [...]tive against Errour, when it is acknowledged, that there is no infallib­le Prese [...]vative against sin: for it is cer­tain, that the one Damns us more Infal­libly, than the other.

III. Since presumptions are so much insisted on, to prove what things must be appointed by Christ; it is to be con­sidered, that it is also a reasonable Pre­sumption, that if such a Court was ap­pointed by him, it must be done in such plain terms that there can be no room to question the meaning of them: and since this is the [...]ge upon which all o­ther matters turn, it ought to be expres­sed so particularly, in whom it is vested, that there should be no occasion given to dispute, whether it is in one Man or in a Body; and if in a Body, whether in the Majority, or in the two thirds, or in the whole Body [...]animously agreeing; in short, the Chief thing in all Govern­ments being the Nature a [...]d Power of the Judges, those are always distinctly specified; and therefore if these things are not specified in the Scriptures; it is at least a strong Presumption, that Christ did not intend to authorise s [...]ch Judges.

IV. There were several Controve [...]sies raised among the Churches to which the Apostles writ, as appears by the Epistles to the Romans, Corinthians, Ga [...]atians and Colostians, yet the Apostles [...]ever make use of those passages that are pre­tended for this Authority to put an end to these Controversies; which is a shrewd Presumption, that they did not under­stand them in that selfe in which the Church of Rome does now take them. Nor does St. Paul in the directions that he gives to Church-men in his Epistles to Timothy and Titus, reckon this of sub­mitting to the directions of the Church for one, which he could not have omitt­ed, if this be the tr [...]e meaning of those disputed passages: and yet he has not one w [...]rd sounding that way, which is very diffe [...]ent from the direction which one possessed with the present, view that the Church of Rome has of this ma [...]er must needs have given.

V. There are some things very ex­presly taught in the N. Testament, such [Page 47] as the rules of a good Life, the Vse of the Sacraments, the addressing our selves to God, for Mercy and Grace, thro the Sacrifice that Christ offered for us on the Cross, and the worshipping him [...] God, the Death, Resurrection and Ascention of Iesus Christ, the Resurrection of our Bo­dies and Life Everlasting: by which it is apparent: [...] we are set beyond doubt in those matters; if then there are other passages more obscure concer­ning other matt [...]rs, we must conclude, that th [...] are not of that Consequence, other wise they would have been a [...] Plain­ly re [...]ealed as others are; but above all, if the Authority of the Church is delive­red to us in disputable terms, that is a just prejudice against it, since it is a thing of such Consefluence, that [...]t ought to have been revealed in a way so very clear and past all dispute.

VI. If it is a Presumption for particu­lar Persons to judge concerning Religion, which must be still referred to the Priests and other Guides in sacred matters, this is a good Argument to oblige all Nations to continue in the Established Religion, whatever it may happen to be; and a­bove all others, it was a convincing Argument in the Mouths of the Iews against our Saviour. He pretended to be the Messias, and proved it both by the prophesies that were accomplished in him, and by the Miracles that he wrought: as for the Prophesies, the Reasons urged by the Church of Rome will conclude much stronger, that such dark passag [...]s as those of the Prophets were, ought not to be interpreted by particular Per­sons, but that the Expos [...]ion of these must be referred to the Priests and San­bedrin, it being expresly provided in their law (Deut. 17. 8) That when Contro­versies arose, concerning any Cause that was too intricate, they were to go to the place which God should choose, and to the Priests of the Tribe of Levi, and to the Iudge in those days, and that they were to declare what was right, and to their d [...]cision all were obliged to submit, under pain of Death: So that by this it appears, that the Priests in the Iewish Religion were authorised in so extraordinary a manner, that I dare say, the Church of Rome would not wish for a more formal Testimony on her behalf: As f [...]r our Saviours Miracles, these were not sufficient neither, unless his Doctrine was first found to be good: since Moses had expresly warned the people (Deut. 13. 1.) That if a Prophet came and taught them to follow after other Gods, they were not to obey him. tho he wrought Miracles to prove his Mission, but were to put him to Death: So a Iew saying, that Christ, by making himself one with his Father, brought In thk worship of another God, might well pretend that he was not oblig'd to yield to the authority of our Saviours Miracles, without taking cognisance of his Doctrine, and of the Prophesies con­cerning the Messias, and in a word, of the whole matter. So that, if these Reason­ings are now good against the Reformati­on, they were as strong in the mouths of the Iews against our Saviour: and form hence we see, that the authority that seems to be given by Moses to the Priests, must be understood with some Restricti­ons; since we not only find the prophets, and Ieremy in particular, opposing them­selves to the whole body of them, but we see likewise, that for some conside­rable time before our Saviour's d [...]ys not only many ill-grounded Traditions had got in among them, by which the v [...]go [...] of the moral law was much enervated, but likewise they were universally pos­sessed with a selfe notion of their Mes­sias; so that even the Apostles them­selves had not quite shaken off those pre­judices at the time of our Saviour's As­cention. So that here a Church, that was still the Church of God, that had [Page 44] the appointed means of the Expiations of their sins, by their Sacrifices and Wash­ings, as well as by their Circumcision, was yet under great and fatal Errors, from which particular persons had no way to extricate themselves, but by exami­ning the Doctrine and Texts of Scripture, and by judging of them according to the Evidence of Truth, and the force and freedom of their Faculties.

VII. It seems Evident, that the pas­sage (Tell the Church) belongs only to the reconciling of Differences: that of bind­ing and lo [...]sing, according to the use of those terms among the Iews signifies only an Authority that was given to the Apostles, of giving precepts, by which men were to be obliged to such Duties, or set at liberty from them: and (the gates of Hell not prevailing against the Church) signifies only, that the Christian Religion was never to come to an end, or to perish: and that of (Christs being with the Apostles to the end of the world) imports only a special conduct and pro­tection which the Church may always ex­pect, but as the promise, I will not leave [...]ee nor forsake thee; that belongs to every Christian, does not import an In­fallibility: no more does the other, And for those passages concerning (the spirit of God that searches all things) it is plain, that in them St. Paul is treating of the divine Inspiration, by which the Christian Religion was then opened to the world, which he sets in opposition to the wisdom or philosophy of the Greeks; so that as all those passages come short of proving that for which they are alledged, it must at last be acknowledged, that they have not an Evidence great enough to prove so important a truth, as some would e­vince by them; since 'tis a matter of such vast consequence, that the proofs for it must have an undeniable Evidence.

VIII. In the matters of Religion two things are to be considered first, the Ac­count that we must give to God, and the Rewards that we expect from him: and in this every man must answer for the sin­cerity of his heart, in examining divine Matters, and the following what (upon the best Enquiries that one could make) appeared to be [...]: and with relation to this, there is no need of a Judge: for in that Great Day every one must answer to God according to the Talents that he had, and all will be saved according to their sincerity; and with relation to that judgment, there is no need of any other judge but God. A second view of Reli­gion, is as it is a Body united together, and by consequence brought under some Regulation: and as in all States, there are subalterne Judges, in whose decisi­ons all must at least acquiesce, tho they are not infallible, there being still a sort of an apperl to be made to the Sovereign or the supream legislative Body; so the Church has a subalterne Jurisdiction, but as the authority of inferiour Judges is still regulated, and none but the Legisla­tors themselves have an Authority equal to the Law; so it is not necessary for the preservation of Peace and Order, that the Decisions of the Church should be infallible, or of equal Authority with the Scriptures. If Judges do so manifest­ly abuse their Authority, that they fall into Rebellon and Treason, the Subjects are no more bound to consider them; but are obliged to resist them, and to maintain their obedience to their Sove­raign; tho in other matters their Judg­ment must take place, till they are re­versed by the Sovereign. The case of Religion being then this, That Iesus Christ is the Sovereign of the Church; the As­sembly of the Pastors is only a subalterne Judge: if they manifestly oppose them­selves to the Screptures, which is the Law of Christians, particular persons may [Page 39] be supposed as competent Iudges of that, as in civil Matters they may be of the Rebellion of the Judges, and in that case they are bound still to maintain their Obedience to Jesus Christ. In matters indifferent, Christians are bound, for the preservation of Peace & Unity, to acquiesce in the Decisions of the Church, and in Matters justly doubt­ful, or of small Consequence, tho they are convinced that the Pastors have er­red, yet they are obliged to be silent, and to bear tolerable things rather than make a Breach but if it is visible, that the Pastors do Rebel against the Sovereign of the Church, I mean Christ, the people may put in their Appeal to that great Judge, and there it must lie. If the Church did use this Authority with due Discretion, and the people followed the rules that I have named with humility and modesty, there would be no great danger of many Di­visions; but this is the great Secret of the providence of God, that men are still men, and both Pastors and People mix their Passions and Interests so with mat­ters of Religion, that as there is a great deal of sin and vice still in the World, so that appears in the Matters of Religi­on as well as in other things: but the ill Consequences of this; tho they are bad enough, yet are not equal Effects that ignorant Superstition, and obedient Zeal have produced in the World, Wit­ness the Rebellions and Wars lot establish­ing the Worship of Images; the Crois­sades against the Saracens in which ma­ny millions were lost; those against He­reticks, and Princes deposed by Popes, which lasted for some Ages; and the Massacre of Paris, with the Butcheries of the Duke of Alv [...]in the last Age, and that of Ireland in this: which are, I suppose far greater Misch [...]s that any can be Imagined to [...] out of a small Divers [...] of Opinions: and the present [...] of this Church, notwithstanding all those unhap­py Rents that are in it, is a much more desirable thing, than the gross Ignorance and blind Superstition that reigns in Ita­ly and Spain at this day.

IX. All these reasonings concerning the Infallibility of the Church signify no­thing, unless we can certainly know, whither we must go for this Decision: for while one Party shewes us, that it must be in the Pope, or is no where, and an­other Party sayes it Cannot be in the Pope, because as many Popes have erred, so this is a Doctrine that was not known in the Church for a thousand Years, and that has been disputed ever since it was first asserted, we are in the right to be­lieve both sides; first, that if it is not in the Pope, it is no where; and than, that certainly it is not in the Pope; and it is very Incongruous to say, that there is an Insallible Authority in the Church, and that yet it is not certain where one must seek for it; for the one ought to be as clear as the other, and it is also plain, that what Primacy so ever St. Peter may be supposed to have had, the Scripture sayes not one word of his Successors at Rome; so at l [...]st this is not so clear, as a matter of this Consequence must have been, if Christ had intended to have lodged such an Authority in that See.

X. It is no less Incongruous to say, that this Infallibility is in a General Coun­cil: for it must be somewhere else, o­therwise it will return only to the Church by some Starts, and after long inter­vals: and as it was not in the Church, for the first 320 years, so it has not been in the Church these last 120 years. It is plain also, that there is no Regulation given in the Scriptures; concerning this great Assembly, who have a right to come and Vote, and what forfeit this right▪ and what number must concur in [...] Infalli [...]lity [Page 50] of the Judgment. It is certain, there was never a General Council of all the Pastors of the Church: for those of which we have the Acts, were only the Councils of the Roman Empire, but for those Churches, that were in the South of Africk, or the Eastern Parts of Asia, beyond the bounds of the Roman Em­pire, as they could not be summoned by the Emperours Authority, so it is certain none of them were present: unless one or two of Persia at Nice, which perhaps was a Corner of Persia belonging to the Empire; and unless it can be proved, that the Pope has an Absolute Authority to cut off whole Churches from their right of coming to Councils, there has been no General Council these last 700 years in the World, ever since the Bishops of Rome have excommunicated all the Greek Churches upon such trifling reasons, that their own Writers are n [...]w ashmed of them; and I will ask no more of a Man of a Competent under­standing, to satisfy him that the Coun­cil of Trent was no General Council, act­ing in that Freedom that became Bish­ops, than that he will be at the pains to read Card. Pallavicins History of that Council.

XI. If it is said, that this Infallibility is to be sought for in the Tradition of the Doctrine in all Ages, and that every particular Person must examine this: here is a Sea before him, and instead of examining the small Book of the N. Testament, he is involved in a study that must cost a Man an Age to go thro it; and many of the Ages, thro which he carries this Enquiry, are so dark, and have produced so few Writers, at least so few are preserved to our dayes, that it is not possible to find out their belief. We find also Traditions have varied so much that it is hard to say that there is much weight to be laid on this way of Conveyance. A Tradition concerning Matters of Fact that a [...]l People see [...] less apt to fail than a Tradition of Points of Speculation: and yet we see very ne [...]r the Age of the Apostles, contrary Traditions touching the Observation of Easter, from which we must conclude, that either the Matter of Fact of one side, or the other, as it was handed down, was not true, or at least that it was not rightly understood. A Tradition concerning the Use of the Sacraments, being a visible thing, is more likely to be exact, than a Speculation concerning their nature; and yet we find a Tradition of giving In­fants the Communion, grounded on the indispensible necessity of the Sacrament, continued 1000. years in the Church. A Tradition on which the Christians foun­ded their Joy and Hope, is less like to be changed, than a more remote Specula­tion, and yet the first Writers of the Christian Religion had a Tradition han­ded down to them by those who saw the Apostles, of the Reign of Christ for a Thousand Years upon Earth; and if those who had Matters at second hand from the Apostles, could be thus mista­ken, it is more reasonable to apprehend greater Errors at such a distance. A Tra­dition concerning the Book of the Scrip­tures is more like to be exact, than the Exposition of some passages in it; and yet we find the Church did unaimously bel [...]eve the Translation of the 70. Inter­preters to have been the effect of a mi­raculous Inspiration. till S. Ierome exa­mined this matter better, and made a New Translation from the Hebrew Co­pies. But which is more [...] all the rest, It seems plain, that the Fathers before the Council of Nice believed the Divi­nity of the Son of God to be in some sort Inferiour to that of the Father, and for some Ages after the Council of Nice, they believed them indeed both equal, [Page 51] but they considered these as two diffe­rent Beings, and only one in Essence, as, three men have the same humane Na­ture in common among them; and that as one Candle lights another, so the one flowed from another; and after the Fifth Century the Doctrine of one Invi­dual Essence was received. If you will be farther informed concerning this, Father Peta [...] will satisfie you as to the first Period before the Council of Nice, and the learned Dr. Cudworth as to the second. In all which particulars it ap­pears, how variable a Thing Tradition is. And upon the whole Matter, the ex­amining Tradition thus, is still a search­ing among Books, and here is no living Judge.

XII. If then [...]he Authority that must decide Controversies, lies in the Body of the Pastors scattered over the World, which is the last retrenchment, here as many and as great Scruples will arise, as we fo [...]nd in any of the former Heads. Two difficulties appear at first view, the one is, How can we be assured that the present Pastors of the Church are de­rived in a just Succession from the Apo­stles: there are no Registers extant that prove this: So that we have nothing for it but some Histories, that are so care­lesly writ, that we find many mistakes in them in other Matter; and they are so differen [...] in the very first links of that Chain, that immediately succeeded the Apost [...]es that the utmost can be made of this is, that here is an Historical Re­ligion somewhat doubtful; but here is nothing to found our Faith on: so that if a Succession from the Apostles tim [...]s, is necessary to the Constitution of that Church, to which we must submit our selves, we know not where to find it: besides that, the D [...]ctrine of the neces­sary of the Intention of the Minister to the Validity of a Sacrament, throws us into inextricable difficulties. I know they generally say, that by the Intenti­on they do not mean the inward Acts of the Minister of the Sacrament, but only that it must appear by his outward de­portment, that he is in earnest going about a Sacrament, aud not doing a thing in j [...]st; and this appeared so reasonable to me, that I was [...]orry to find our Di­vines urge it too much: till turning over the Rubricks that are at the begin­ning of the M [...]ssal, I found upon the head of the Intention of the Minister, that if a Priest has a Number of Hosti [...] before him to be consecrated, and in­tends to consecrate them all, except one, in that case that Vagrant exception falls upon them all: it not being affixed to any one, and it is defined that he consecrates none at all. Here it is plain, that the secret Acts of a Priest can de­feat the Sacrament: so this overthrows all certainty concerning a Succession: But besides all this, we are sure, that the Greek Churches have a much more uncontested Succession than the Latines: So that a Succession cannot direct us. And if it is necessary to seek out the Doctrines that are universally received, this is not possible for a private Man to know. So that in ignorant Countries, where there is little Study, the people have no other certainty concerning their Religion, but what they take from their Curate and Confessor: since they cannot examine what is generally recei [...]ed. So that it must be confessed that all the Ar­guments that are brought for the neces­sity of a constant Infallible Iudge, turn against all those of the Church of Rome, that do not acknowledge the Infallibili­ty of the Pope: for if he is not infallible, they have no other Iudge, that can pre­tend to it. It were also easie to shew, that some Doctrins have been [...]s Un [...]ver­sally received in some Ages, as they [Page 48] have been rejected in others; which shews, that the Doctrine of the present Church is not always a sure measure. For five Ages together, the Doctrine of the Popes Power to depose Heretical Princes was received without the least Opposition: and this cannot be doubt­ed by any that knows what has been the State of the Church since the End of the eleventh Century: and yet I believe few Princes would allow this, notwith­standing all the concurring authority of so many Ages to fortifie it. I could carry this into a great many other Instan­ces, but I single out this because it is a point in which princes are naturally ex­tream sensible.

Upon the whole Matter, it can never enter into my mind, that God, who has made Man a Creature, that naturally en­quires and reasons, and that feels as sen­sible a pleasure when he can give him­self a good account of his actions, as one that sees, does perceive in comparison to a blind man that is led about; and that this God that has also made Reli­gion on design to perfect this Humane Nature, and to raise it to the utmost height to which it can arrive, has con­trived it to be dark, and to be so much beyond the penetration of our Faculties, that we cannot find out his mind in those things that are necessary for our Salvation: and that the Scriptures, that were writ by plain men, in a very fa­miliar stile, and addrest without any dis­crimination to the Vulgar, should be­come such an unintelligible Book in these Ages, that we must have an infal­lible Iudge to expound it: and when I see not only Popes, but even some Bo­dies that pass for General Councils, have so expounded many passages of it, and have wrested them so visibly, that none of the modern Writers of that Church pretend to excuse it, I say I must free­ly own to you, that when I find that I need a Commentory on dark passages, these will be the last persons to whom I will address my self for it. Thus you see how fully I have opened my mind to you in this matter; I have gone o­ver a great deal of ground in as few words as is possible, because hints I know are enough for you; I thank God, these Considerations do fully satisfie me, and I will be infinitely joyed, if they have the same effect on you.

I am yours.

THis Letter came to London with the return of the first Post after his late Ma­jesties Papers were sent into the Countrey; some that saw it, liked it well, and wished it to have it publick, and the rather, because the Writer did not so entirely confine himself to the Reasons that were in those Papers, but took the whole Controversy to task in a little compass, and yet with a great variety of Re­flections. And this way of examining the whole matter, without following those Papers word for word, or the finding more fault than the common concern of this Cause required, seemed more agreeing to the respect that is due to the Dead, and more particularly to the Memory of so great a Prince; but other Conside­rations made it not so easie nor so adviseable to procure a License for the Printing this letter, it has been kept in private hands till now: those who have boasted much of the Shortness of the late Kings Papers, and of the length of the Answers that have been made to them, will not find so great a disproportion between them and this Answer to them.

The Citation of Gilbert Burnet, D. D. To Answer in Scotland on the 27th. June O'd Stile, for High Treason: Together with his Answer; and Three Letters, wri [...] by him, upon that Subject, to the Right Honourable the Earl of Midletoune, his Majesties Secretary of State.

I Know the Disadvantages of plead­ing ones Innocence, especially when he is prosecuted at the suit of his Natural Prince, to whom he owes so profound a Duty: and this has kept me so long in a respectful silence, after I had seen my Name in so many Gazettes, aspersed with the blackest of all Crimes: but there is both a time to be silent, and a time to speak: and as hitherto I have kept my self within the bounds of the one, so I do now take the Liberty which the other al­lows me: but I was not hitherto silent where I ought to speak; for I have made many humble Addresses to His Majesty by the Earl of Midletoune his Secretary of State; hoping that my Innocence, joyned with my must hum­ble Duty, would have broke through all those Prejudices and false Informa­tions, with which my Enemies had possessed His Majesty against me.

Upon the first Notice that I had of His Majesties having writ to the Privy-Council in Scotland, ordering Process to be issued out against me for High-Treason, I writ my First Letter: in that I could enter into no particulars; for in the Advertisement that was sent me, it was said, that there was no special Matter laid to my Charge in the King's Letter. Some days after that, I received a Copy of my Citation, to which I presently writ an Answer, and sent that with my Second Letter to the same Noble Person; to both these Letters I received no Answer: but I was advertised, that some Exceptions were taken at some words in my First Letter, and this led me to write my Third Letter, for explaining and justi­fying those words. I have kept my self thus within all those Bounds that I thought my Duty set me; and am not a little troubled, that I am now forced to speak for my self. I have delayed doing it as long as I had any reason to hope, that my Justification of my self was like to produce the effect which I most humbly desired, and which I ex­pected: but now the Day of my Ap­pearance being come, in which it is probable Sentence will pass against me, since I have had no Intimations given me to the Contrary, I hope it will not shew either the least impatience, or the want of that Submission, which I have on all occasions payed to every thing that comes to me from that Au­thority, under which God had placed me that I publish these Papers for my own Vindication. If it had been only in defence of my Life and Reputation, that I had been led to appear in such a manner, I could have more easily re­st [...]ained my self: and have lest these to be Sacrifices to the Unjust Rage of those, who have so far prevailed on His Majesties readiness to believe them, as to drive this matter so far: but the [Page 50] Honour of that Holy Religion which I profess, and the Regard I bear to that Sacred Function to which I am dedi­cated, lay such Obligations on me, that I am determined by them, to declare my Innocence to the World, which I intend to do more copiously within a little while: but in the mean time, I hope the following Papers will serve to shew how clear I am of all the Matters that are laid to my Charge.

There is one Particular, which is come to my Knowledge since I writ my Answer, that will yet more evidently discover my Innocence: I have receiv'd certain informations from England, that both Sir Iohn Cochran and his Son, and Mr. Ba [...]ter, have declared upon many Occasions, and to many Persons, that they cannot imagin how they come to be Cited as Witnesses against me; that they can scarce believe it can be true; since they know nothing that can be any way to my Prejudice; and that they must clear me of all the Matters objected to me in this Citation, and the Two Witnesses, that as it seems are citkd for that Article that relates to Holland, have solemnly declared, that they know nothing relating to me, or to the Matters specified in this Citation, which one of them has signifyed to my Self in a Letter under his hand; so that the Falsehood of this Accusation is so Evident, that it serves to discover the Folly, as well as the impudence of those who have contrived it.

But it is yet too early to set on a Per­secution for Matters of Religion, there­fore Crimes against the State must be pretended, and fastned on those whom these Men intend to destroy. And as foul and black Scandals are invented to defame me, and put in the mouths of those who are ready to believe and re­port every thing that may disgrace me, without considering that they do a thing that is as unbecoming [...]hem, as it is Base and injust in it self, so all Arts are used to destroy me; but I trust to the Protection of that Great God, who sees the injustice that is done me, and who will in his own Time and Way vindicate my Inno­cence: and under Him I trust to the Protection of the HIGH AND MIGH­TY STATES OF HOLLAND AND WEST-FRIESLAND.

My First Letter to the Earl of Midletoune.

May it please Your Lordship,

THE Affairs of these Provinces belonging to Your Lordship's share in the Ministry, leads me to make this most humble Address to You, and by Your Lordship to His Majesty.

I have received Advertisements from Scotland, that the King has writ to the Privy Council, ordering me to be pro­ceeded against for High Treason against His Person and Government: and that pursuant to this, the King's Advocate has cited me to appear there; if any thing in this World can surprise or dis­order me, this must needs do it: For as few have writ more, and preacht oftner against all so [...]ts of Treasonable Doctrines and Practices than my Self, so all the Discoveries that have been made of late Years, have been so far from aspersing me, that though there has been disposition enough to find fault with me, yet there has not been Matter given so much as for an exami­nation. It is now thirteen Years since I came out of Scotland: and for these last five years, I have not so much as mentioned the commonest News in any Letter I have writ to any in that King­dom: I do not mention Acts of Indem­nity, because I kn [...]w that I do not need the benefit of them. I went out of England by His Majesties Approbation: and I have stayed out of it because His Majesty expres [...]ed His d [...]slike of my re­turning to it. I am now upon the Point of Marrying in this Coun­trey, and am Naturalized by the Sta [...]es of Holland: but though by this, during my stay here, my Allegiance is translated from his Majesty to the Soveraignty of this Province, yet I will never depart from the profoundest Respect to his Sacred Person, and Duty to his Government: since my coming into these parts, I have not seen any one Person either of Scot­land or England that is Outlawd for Treason; and when the King took Ex­ceptions at the Access I had to the Prince and Princess of Orange, there was not any thing of this kind objected to me. So I protest unto your Lord­ship, I do not so much as imagine upon what it is that those informations, which it seems are brough to his Majesty, are founded.

My Lord, As I am not ashamed of any thing I have done, so I am not afraid of any thing that my Enemies can do to me: I can very easily part with a small Estate, and with a Life of which I have been long weary; and if my Engagements in this Countrey could dispence with it, I would not avoid the coming to stand my Tryal: but as this cannot be expected in the state in which I am, so I humbly throw my self at His Majesties Feet, and beg, that he may not Condem me so much as in his thoughts, till I know what is the Crime t [...]at is Objected to me, that so I may offer a most humble Justifica­tion of my self to him. I shall be in­finitely sorry if any Iudgment that may pass on me in Scotland, shall oblige me to appear in Print in my own Defence: for I cannot betray my own Innocence so far as to suffer a thing of his: nature [Page 52] to pass upon me, without Printing an Apology for my self; in which I will be forced to make a recital of all that share that I have had in Affairs these twenty years past: and in which I must mention a vast number of particulars, that I am afraid will [...]e displeasing to His Majesty: and as I will look on this as one of the greatest Misfortunes that can possi­bly befall me, so with all the Duty and Humility in the World, I beg I may not be driven to it. I will not presume to add one word to your Lordship, nor to claim any sort of Favour or Protection from you. For I address my self only to your Lordship as you are the Kings Minister for these Provinces.

My Lord, I am with all possible respect▪ May it please your Lordship Your Lordships, &c.

The Criminal Letters at the Instance of the Lord Advocate, Against Doctor GILBERT BVRNET.

JAMES, &c. To our Lovi [...]s, &c. Herauls, Pursevants, Macers and Messengers at Arms, Our Sheriffs in that part conjunctly and severally spe­cially constitute, Greeting. Forsame [...]kle as it is humbly meaned and complain­ed to Us be Our Right Trustie and Fa­miliar Councellor, Sir Iohn Dalrymple the Younger, of Stair, our Advocate for our Interest, upon Doctor Gilbert Burnet,

That where, notwithstanding by the Laws and Act of Parliament, and constant practique of this our Kingdom, the venting of Slanderous, Treasona­ble and Advised Speeches and Positi­ons, and the Reproaching our Per­son, Estate and Government, and the R [...]cept [...]ng, Supplying, Aiding, Assisting, Intercomoning with, & doing Favours to denounced Rebels, or forfaulted Traitors, are punishable by Forfaulture of Life, Land and Goods, and particu­larly by the 1. 3. 4. Act of 8. P. K. Ja. 6. It is Statute Ordain [...]d that non of our Subjects, of whatsoever Degaee, Estate or Quality, shall presume or take upon hand, privatelie or publicklie, in Sermons, Declamation, or Fami­liar Conferences, to utter any False, Slanderous or untrue Speeches, to the Disdain, Reproach, or Contempt of Us, our Council or Proceedings, or to the Dishonour, hurt or Prejudice of Us, or to meddle in our Affairs or Estate by-gone, present, or in time coming, under the pain of Death, and Confiscation of Moveables: And be the 10 Act 10 P. K. Ja. 6. It is Statue and Ordained, that all our Subjects con­tain themselves in Quietness and duti­ful Obedience to Us, our Govern­ment and Authority, and that non of them presume nor take upon hand publicklie to declame or privatelie to speak or write any Purpose of Reproach or Sclander against our Person, Estate or Government, or to deprave our Laws and Acts of Parliament, or mis­construe our Proceedings, whereby any Dis-like may be moved betwixt Us, our Nobility and loving Subjects in time coming, under the Pain of Death; and that thes that do in the Contrair shall be repute as Seditious and wicked Instruments, Enemies to Us and the Common-weel of this Realm, and that the said paine of Death shall be inflicted upon them with all Rigour in Example of others. And be the se­cond Act 2. Sess. of the first Parlia­ment of K. Ch. 9. We and our Estates of Parliament do declare, that thes Positions, that it is Lawful for Subjects upon pretence of Reformation, or any other pretence whatsomever, to enter into Leagues or Covenants, or to take up Arms agaiust Us, or thes Commissio­nat by Us, or to putt limitations upon their due Obedience and Allegeance, are Rebellious and Treasonable; and [Page 54] that all persons who shall by Writing, Preaching or other malitious and ad­vysed Speaking, Express thes Treaso­nable Intentions, shall be proceeded against and adjudged Traitor [...], and shall suffer forfaulter of Life▪ Lands and Goods, lyke as by the third Act 1. P. of K. Ja. 1. and 37. Act of his second Parliament, and be the 9. Act of 13. P. K. James 2. and 144. Act 12. P. K. James 6. And diverse and Sun­dry other Law [...] and Acts of Parliament of this our Kingdome. It is declared High Treason for any of our Subjects to Recept, Supply or Intercomon with declared or Forfaulted Traitors, or give them Meat, Drink, Hous, Har­bour, or any Relief or Comfort, and if they do in the Contra [...]r. they are to undergo the same Pains the [...]aid Trai­tors or Rebels ought to have sustained, if they had be in ap [...]rehended.

Nevertheless, It is of Verity, that the said Doctor Gilbert Burnet, shaking off all Fear of God. Conscience and Sense of Duty. Allegeance [...]nd Loy­alty to Us his So [...]eraign and N [...]ive Prince, upon the Safetie of whose Per­son and Maintainance of who [...]e Sove­raign Authority and Princely Power, the Happiness, Stabili [...]e and Quyetness of our Subjects do depend, [...] most perfidiously and treasonably presumed to commit, and it guilty of the Crimes above mentioned in [...] Archbald Campbel, sometime Earl of Argyle; Iames Stewart, Sone to Sir Iames Stew­art, sometime Provost of Edinburgh; Mr. Robert Ferguson, sometime Chap­lain to the late Earl of Shaftsbury; Thomas Stewart of Cultness; Willi [...]n Denhol [...], sometime of West-sh [...]ls; Master Robert Martin, sometime Clerk to our Justice Court; and [...] Rebells and Traitors, being most justly by our High Courts of Parliament, and Justice 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 Dr. Gilbert Burnet did upon the First, Second, and remanent days of the moneths of Ianuary, February, and remanent months of the year One thousand six hundred eighty two, one thousand six hundred eighty three, one thousand six hundred eighty four, or Ianuary, February, March, or April, one thousand six hundred eighty five; Converse, Correspond, and Intercomon with the said Archbald late Earl of Ar­gyle, a Forfaulted Traitor, and that within the said Doctor Burnet his dwel­l [...] [...] in Lincolns Inn-Fields, near the Plew-Inn in our City of London, or Suburbs thereof, or some other part or pl [...]e within our Kingdom of England, Defamed, Slandered, and Reproached, and Advisedlie spoke to the Dis [...]ain and Reproach of our [...]erson, Govern­ment and Authority, wrote several Letters, and rece [...]ved Answers thereto from the said Forefaulted Traitor when he was in Holland, or elsewhere, ex­pressely contrary to his Duty and Alle­geance to Us his Soveraign Lord and King. And suklik upon the first, second, and third dayes of the moneths of May, Iune, Iuly, August, September, October, November and December, one thousand six hundred eighty five, and upon the first, second, and third days o [...] the moneths of Ianuary, February, and remnant moneths of the year one thousand six hundred eighty [...]ex, and first, second, and third days of the moneths of Ianuary, February, March, one thousand six hundred eighty seven, or ane or other of the days of ane or other of the said moneths or years; The said Doctor Gilbert Burnet did most treasonabile Recept, Supplied, Aid [...]d, [Page 55] Assisted, Conversed and Intercomoned with, and did favour [...] to the said Iames Steward, Mr. Robert-Ferguson, Thomas Stewart, William Den [...]olin, and Mr. Ro­bert Martyn, forfaulted Traitors and Rebels in the Cities of R [...]terdam, 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 Us and Our Government (we being his So­veraign Lord and Prince) expreis 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 to be one Inqu [...]ist [...] he ought and should to suffer Fortaulture of Life, Land and Goods to the Terror and Example of others to commit the like hereafter. Our Will is, Hearfor, and we char [...]e you straitlie, and Command, that incontinent this our Letter seen, yee pass, and in our Name and Autho­ [...]ie, C [...]mmand and Charge the said Doctor Gilbert Burnet, above complain­ed upon, be sound of Trumpet with [...], and using other Solem­nitie [...] necessar, to come and find suffi­cient Caution and Sovertie afte [...] in our Books, of Adjournal, that he shall com­peir b [...]fore our Lords Justice General. Justice Cl [...]k and [...] of [...]sticiary, within the T [...]baith or Cri­minal Court house of Edinburgh; the twentie sevinth day of Iune next to come, in the hour of Caus, ther [...] to underlye the Law for the Crimes above­mentioned, and that [...] 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 at his dwelling-house, and be open Pro [...] ­mation at the [...] of the head Burgh of the Shyre, Stewartie, Rega­litie, and other Jur [...]sction where he dwells, to come and find the said Sover­tie acted in maner forsaid within six dayes, if he be within this our King­dome, and if he be cut with the Sa­myne, that ye command and charge him in maner forsaid be open Procla­mation at the Mercat Croce of Edin­burgh. P [...]er and Shoar as Leith, to come and find the said Sovertie within three­score dayes next after he be [...]s charged charged be you thereto under the pain of Rebellion, and putting of him to our Horn Whilk six and threescore dayes respectively being by past, and the said Sovertie not being found, nor no intimation made by him to you of the finding thereof, that ye inconti­net hereefter denounce him our Rebel, and put him to our Horn Escheat, and in [...]ring all his moveable Goods and geir to our Use for his Contemption and Disobedience. And if he come and find the said Sovertie, in [...]imation always being made be him to you of the finding thereof, that summoned and Assyse hereto not exceeding the number of [...] five Persons, toge­ther with such [...] who best know the Veritie of the Premises, whose Names shall be given you in Roll subscribed by the said Complai­n [...]. [...]k person under the pain of ane hundred Merks. And that ye within fift [...]n dayes after his [...] for not sin [...]ing of Caution, Caus regi­strate thi [...] Our [...] with your Ex­ecution thereof, [...] [Page 56] Justice as ye will answer to Us there­upon, the whilk to do Commits to you conjunctly and severallie Our full pow­er be thir Our Letters delyvering them be yow duelie Execute and Indor [...]t again tot he Bearer.

Ex deliberatione Dominorum Commissionario­rum Iusticiarii sic subscribitur
Signed 19. Apryle 1687. Tho. Gordonne.
The Witnesses against Doctor Gilbert Burnet are,
  • Sir Iohn Coohran of O [...]kll [...]ree,
  • Iohn Cochran of Watersyd.
  • Mr. Robert VVest, Lawyer, Englishman.
  • Mr. Zachary Bourne, Brewer, Englishman.
  • Mr. VVilliam Carstalres, 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 Ma­jesties 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 own 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 Church­man, 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 going to Scotland, according to the Tenour of this Citation, does not flow from any sense of Guilt or Fear, but meerly from those Engagements under which I am in Holland.

I hope my Contradicting or Refu­ting the Matters of Fact set forth in this Citation, shall not be so maliciously perverted by any, as if I meant to reflect either on His Majesty for writing to his Council of Scotland, ordering this Citation to be made, or on his Advocate for forming it, and issuing it out. But as I acknowledge, that upon the Information that it seems was of­fer'd of those matters here laid against me, it was very reasonable for Hs Ma­jesty to order Justice to be done upon me; so his Advocate, in whose hands those Informations it seems are now put, had all possible reason to lay them against me, as he has done; and there­fore I will not pretend to make an Ex­ception to the Laws and Acts of Parlia­ment, set forth in the first part of this Citation; but I will only answer the matters of Fact laid to my Charge; and whatsoever I say concerning them, does only belong to my false Accusers; and therefore I hope they will not be lookt on as things in which even His Majesties Advocate, but much less His Sacred Majesty is any ways concerned.

I am first accused for having seen conversed with, and held correspon­dence with the late Earl of Argyle: and to make this appear the more probable, the place is marked very Critically, where I lived; and where, as it is pre­tended, we met, But as it is now al­most two years since the late Argyle was taken and suffered; and that a full ac­count was had of all his secret Practices, in all which I have not been once so much as mentioned, tho' it is now a year since I have lived and preacht o­penly in these Provinces. The truth is, that for nine years before the late Earl of Argiles forfeiture, I had no sort of Correspondence with him, nor did I ever see him since the year, 1676 After his Escape out of Prison I never saw him, nor writ to him, nor heard from him, nor had I any sort of Com­merce with him, directly nor indirectly: the Circumstance of my House, and the Place in which I lived, is added, to make the thing look somewhat proba­ble: but tho' it is very easy to know where I lived, and I having dwelt in Lincolns-Inn-Fields the space of seven years, it was no hard matter to add [Page 58] this particular; yet so inconsiderate is the Malice of my Enemies, that even in this, it leads them out of the way; for soon after Argile's Escape, and du­ring the stay that as is believed he made in London, I had removed from Lincolns-Inn-Fields into Brook-Buildings; this makes me guess at the Informer, who saw me often in the one House, but never in the other: and yet even he, who has betrayed all that ever past between us, has not Impudence enough th charge me with the least Disloyalty, though I concealed very few of my thoughts from him.

With this of my seeing Argile, the Article of the Scandalous and Treaso­nable words pretended to be spoken by me to him, against His Majesties Person and Government, falls to the ground; it is obvious that this cannot be proved, since Argile is dead: and it is not pretended that these words were uttered in the hearing of other Witnes­ses: nor is it needful to add, that His Majesty was then only a Subject, so that any Words spoken of him at that time cannot amount to Treason: but I can appeal to all those with whom I have ever Conversed, if they have ever heard me fail in the respect I owed the King: and I can easily bring many Witnesses from several parts of Europe, of the Zeal with which I have on all occasions expressed my self on those Subjects, and that none of all those hard words, that have been so freely bestowed on me, has made me forget my Duty in the least.

I am in the next place accused of Correspondence with Iames Stewart, Mr. Robert Ferguson, Thomas Stewart, William Denholm, and Mr. Robert Mar­tyn, since my coming out of England, and that I have entertained and sup­plied them in Foreign Parts; particu­larly in the Cities of Amsterdam, Rotter­dam, Leyden, Breda, Geneva, or in some other parts within the Netherlands. This Article is so very ill laid in all its branches, that it shews my Enemies have very ill Informations concerning my most general Acquaintance since; tho' there are, among those that are condemned for Treason, some that are of my Kindred and ancient Acquain­tance; they have here cast together a Company of men who are all (Iames Stewart only excepted) absolutely un­known to me, whom I never saw, and with whom I never exchanged one word in my whole Life, as far as I can remember; one of them Mr. Robert Martyn, was as I ever understood it, dead above a year before I left England, as for Iames Stewart, I had a general Acquaintance with him twenty years ago, but have had no Commerce with him now for many years, unless it was that I saw him twice by accident, and that was several years before there was any Sentence past on him: my Accu­sers know my motion ill, for I have not been in Breda these twenty three years. I se [...]led in the Hague upon my coming into Holland, because I was willing to be under the Observation of His Majesties Envoy: and I chose this place the rather, because it was known, that none of those that lay under Sentences come to it. I have never gone to Amsterdam or Roterdam in sccret: and have never been there but upon my private Affairs, and that never above a Night or two at a time; and I have been so visible all the while that I was in those places, that I thought there was no room left even for Ca­lumny.

[Page 59] In the last place it is said, that I have publickly and avowedly uttered seve­ral Speeches and Positions to the Dis­dain of his Majesties Person, Authority and Government, and that I continue and persist in those Treasonable Practi­ses This is so generally afferted, that it is enough for me to say, that it is po­sitively false: but I have yet clearer Evidence to the contrary of this: I have Preached a whole Sermon in the Hague against all Treasonable Doctrines and Practises; and in particular against the Lawfulness of Subjects rising in Arms against their Sovereign, upon the acc unt of Religion: and I have main­tained this so oft, both in publick in private, that I could, if I thought it convenient, give proofs of it that would make all my Enemies be ashamed of their [...]njustice and Malice.

The Witnesses cited against me are first, Sir Iohn Cochran, whom I have not seen above this four Years last past, and with whem I have had no sort of Commerce since I saw him It is almost two Years since he had his pardon, so it is probable he then told all that he has ever told concerning me: and it is not likely, that the matter would have been let lie asleep all this while, if he had said any thing to my prejudice. I con­fess I have been long acquainted with him, I look upon him as a man of Ho­nour; and I reckon my self so safe in his Honour, and in my own Innocence, that I do very freely release him from all the Obligation of Frindship and Con­fidence, and with that he may declare every thing that has past between us: for then I am sure he will do me the right to own, that as oft as we talkt of some th [...]n [...]s that were complained of in Scotland, I took occation to repeat my Opinion, of tie Duty of Subjects to sub­mit and hear all the ill Administrations that might be in the Government, but never to rise in Armt upon that account. The next Witness is his Son, whom I never saw but once or twice, and with whom I n [...]v [...]r entered into any discourse, but what became a man of my profession to so young a person, exhorting him to the Duties of a Christian. The next two are Mr. West and Mr. Bourn, whose faces I do not know. After them come Mr. Carstaires and Mr., Baird. whose fa­ces I know not neither, it seems these are the Witnesses to be led against me for the Article relating to the Netherlands; but as I am wholly a Stranger to Mr. Carstaires, so I do not so much ar know if there is such a per­son in being as Robert Baird, Merchant in Holland. and for the last, Mr. Bax­ter, I have had no Correspondence at all with him these two and Twenty Years; unless it was that once or twice I have met him by accident in a V [...]sit in a third place, and that once about six Years ago I went to discourse with him concerning a matter of History in which we differ'd; but as all our Conversati­on at that time was in the presence of some Witnesses so it was not at all re­lating to matters of State.

And now I have gone over all the Matter that is laid against me in this Ci­tation, and have made such Reflections both on the Facts that are alled [...]ed, as and the Witnesses that are named, as will I hope satisfie even my Enemies them­selves, of the Falsehood and Injustice of these Informations. So that I pre­sume so far on his Majesties Justice, as to expect that all the Indignation which is kindled against me, will be t [...]r [...]ed upon my false [...].

To all this I will add one thing fur­ther for my Justification, tho I am [Page 60] fully satisfied it is that which I am not obliged to do, and which if I were in other Circumstances I would not do my self; as I would advise no other man to do it, For it is a part of that Right that every man has to preserve himself by all lawful ways, that he do not accuse himself, and by consequence, that he do not purge himself by Oath of matters objected to him: and I do not so well approve of the Courts of Inquisition, as to give countenance to a practice which was first set on foot by them, of requiring men to answer upon Oath to matters objected to them. If I were not a Churchman I would not do this which I am about to do; as I declare I will never do it again, let my Enemies lay to my charge what they please. But the re­gard I have to this sacred Function to which I am dedicated, makes me now once for all. offer this solemn purga­tion of my seif. I attest the Great God, the searcher of all things, and the Iudge of all men, that all the matters of Fact laid to my charge in this Citation, are ut­terly Groundless, and absolutely false. This I am ready to confirm with my Corporal Oath, and to receive the Sacrament upon it.

And now I hope I have said enough to satisfie His Majesty concerning my Innocence, so that I am confident he will not only discharge all further pro­ceedings against me, upon this Accu­sation, but that he will express his Royal Displeasure against my False Accusers. But if the power of my Enemies, and their credit with His Majesty is still so great, that this mat­ter shall be carried further, and that advantage shall be taken from my not appearing in Scotland, to proceed to a Sentence against me, which some bru­tal men now in the Hague are threat­ning before hand, that they will exe­cute it: I then make my most humble Appeal to the Great God, the King of Kings, who knows my Innocence, and to whom my Blood will cry for Ven­geance, against all that may be any way concerned in the shedding of it. He will at the Great Day judge all men righteously, without respect of Per­sons; It is to him I fly, who I am sure will hear me. Judge me O God, ac­coraing to the Integrity that is in me.

Gilbert Burnet.

My Secerd Letter to the Earl of Midletoune.

May it please your Lordship,

THE Copy of the Citation against me, has been sent me out of Scotland, since I took the Liberty to write last to your Lordship; this puts me on a Second▪ Address to you, for conveying the enclosed Answer, which I most hum­bly lay down at His Majesties Feet. I am confident that the false­hood of the matters objected to me, will appear so evident to His Ma­jesty, as well as to all the World be­sides, that he will not only order the proceedings to be quite discharged, but that he will also order some re­paration to be made to me, for so publick a Blemish, as even a Cita­tion for so high a Crime amount [...]s to. I confess the many hard things that have been of late cast on me, and in particular to Young and Old, and Forraifners as well as English men, that have been coming into these darts, make me see that my Enemies have possessed His Majesty with thoughts of me, that I must crave leave with all Humility to say, that they are as undeserving as hard. What have I either done or said, to draw on me so heavy and so long a continued Displeasure? but my com­fort lyes in the Witness that I have within me, of my own Innocence: So that I dare appeal to God, as I do new to his Vicegerent.

Since this Matter is now become so publick, and that my Name is now so generally kn [...]wn; I must not be wanting to my own Innocence; especially when not only my Life and Reputation are struck at, but the Religion that I profess is wounded through my Sides: therefore till I have put in order my M [...]meirs for a larger Work, I f [...]nd it in some sort necessary to print the Citation, toge­ther with this Answer. but I had much rather have all this prevented, by an effect of His Majesties Iustice, in ordering an end to be put to this Accusation, and that by some Act that may be as publick as the Cita­tion it self was, which may hear His Majesties being satisfied with my Innocence, as to these Matters; but if I have still as Melancholy an Answer to this, as I have had to all the former Applications I have made, I must maintain my Innocence the [Page 58] best way I can, in which I will ne­ver forget that vast Duty that I owe His Majesty, whatsoeuer I may meet with iu my owu particular.

If there is any thing either in the iuclosed Papen, or in this Letter, that seems a little too vehement, I hope the provocation that I have met with will be likewise considered; for while my Life and Reputation are Struck at, and while some here are threatning so high, a man must be forgiven to shew that be is not quite unsensible; and tho my Duty to the King is proof against all that can ever be done to provoke me, yet I must be suffered to treat the instru­ments and Procurers of my Dis­grace, who are contriving my De­struction, with the plainness that such Practices draw from me.

I will delay Printing aay thing for a Fortnight, till I see whether your Lordship is like to receive any Orders from His Majesty relating to him, who is,

May it please your Lordship, Your Lordships, &c.

My Third Letter to the Earl of Midletoune.

May it please your Lordship,

I Venture once more to re­new my Addresses to your Lordship, before I Print the Paper that I sent you by my last of the Seventeenth of May, together with the two Lettes that I writ you: for I find it necessary to add this, and that it go with the rest to the Press.

I am told, that great Advan­tages have been taken upon an Expression in my First Letterr, in which I writ, That by my Na­turalisation during my stay here, My Allegeance was translated from His Majesty to the Sovereignty of this Provence; as if this alone was Crime enough; and I hear that some who have been of the Profession of the Law are of this mind. I indeed thought that none who had ever pre­tended to study Law, or the general Notions of Entercourse among Nations, could mistake in so clear a Point. I caution'd my words so, as to shew that I considered this Translation of my Allegeance only as a temporary thing during my stay here. And can any man be so ignorant as to doubt of this? Allegeance and Protection are things by their nature recipro­cal: since then Naturalisation gives a Legal Protection, there must be a return of Allegeance due upon it. I do not deny the Root of Naturali Allege­ance remains, but it is certain­ly under a suspension, while the Naturalised Person enjoys the Protection of the Prince or State that has so receiv'd him. I know what a Crime it had been if I had become Natu­ralised to any State in War with the King: but when it was to a State that is in Alli­ance with him, and when it was upon so just a ground as my being to be Married and Settled in this State, as it could be no Crime in me to desire it, so I having obtained it, am not [Page 60] a little amased, to hear that any are so little conversant in the Law of Nations, as to take Exception at my words. Our Saviout has said, That a man cannot servs two Masters: and the Nature of things say, that a man cannot be at the same time under two Allegeanees. His Majesty by Naturalising the Earl of Feversham and many others of the French Nation, knows well what a right this gives him to their Allegeance, which no doubt he as well as many others have sworn, and this is a translating thesr Alle­geance with a Witness: That Lord was to have commanded the Troops that were to be sent into Flanders in 1678 a­gainst his Natural Prsnce: and yet though the Laws of France are high enough upon the points of Soveraignty, it was never so much as pretended that this was a Crime. And it is so much the Interest of all Princes to assure themselves of those whom they receive into their Protection by Naturalising them (since without that they should give Protection to so many Spies and Agents for a­nother Prince) that if I had not very good grounds to assure me, that some have pre ended to make a Crime out of my Words, I could not easily be­lieve it.

My Lord, This is the last Trouble that I will give your Lordship upon this Subject, for it being now a Month since I made my first Address to you, I must con­clude, That it is resolved to car­ry this matter to all Extremi­ties; and Mr. D' Albevilles In­stances against me, and the Threatnings of some of his Countrymen, make me con­clude, that all my most hum­ble Addresses to His Majesty are like to have no other effect but this, that I have done my Duty in them; so that it seems I am to be judged in Scotland. I am sorry for it, because this will engage me in a defence of my Self, I mean a justification of my own Innocence, which I go to much against my heart: but God and man seee that I am forced to it: and no Threat­nings [Page 61] of any here with frighten me; for I will do that which I think fit for me to do to day, though I were sure to be assassinated for it to morrow: but to he last moment of my Life I will pay all Duty and Fidelity to His Majesty.

My Lord, I am with a profound Respect Your Lordships, &c.

ADVERTISEMENT.

WHen I had resolved on the Printing these Pa­pers, and was waiting till the day should come to which I was Cited, I received a new Advertisement, that the first Citation was let fall, and that I was cited of new to the 15th. of August, to Answer to the Crimes of High Treason, upon the account of two Heads in my First Letter to the Earl of Midle­toune: The one is. That I say that by my Naturalization I am loosed from my Allegeanee to His Majesty; and the other is, that I threaten His Majesty with the Printing and Discovering of Secrets that have been long hid. If after what I have hither to met with, there were room lest for new Surprises, this would have been a very great one. Those who have advised the King to this way of proceeding against me, shew that they consider very little the Reputation of His Majees Justice and so I be but sacrificed, they do not care how much the King's Ho­nour suffers in it: for First, after a Citation of High Trea­son, which has made so much Noise, that is let fall: Which is plainly to Confess, that there is no Truth in all those mat­ters that were laid to my Charge; and then, where is the Justice of this way of pro­ceeding, to summon a man to [Page 62] appear upon the pretence of Crimes, of which they know him to be Innocent? But this new matter is of such a nature, that it is not easie for me to find words soft enough to speak of it with the decency that becomes me.

This is now more the Cause of the States of Holland and West-Friezland than it is mine. It is indeed the Cause of all the Sovereigns in the World, and so it is His Majesties own cause, who has so often call'd the Na­turalised French His Subjects, and by Consequence they owe him an Allegeance, and so here must be at least a Temporary Tran­slation of their Allegeance made to him from their Natural Prince: And either this must be the same as to those who are Na­turalised by the States here, or they are not a Sovereign 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 Na­turalisation; so that either His Majesty was much mistaken in calling the French that are Natu­ralised, His Subjects; or it can be no Crime in me to have owned my self to have become a Tem­porary Subject to the Statet.

And if those who have stu­died the Roman Law will reflect a little on the effects that be­longed to the ( Ius Civitatis) or the Rights that followed on the being made a Roman Citizen, which are the same in all So­vereign States, and that Natu­raluzation 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 Naturalised, 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 Natu­ralised in another; it is unac­countable how any can call in question that tie of Allegeance that he who is Naturalised owes [Page 63] his New Masters. Not have my Enemies considered how much this way of proceeding against me, must si [...]k the Credit of His Majesties Naturalising 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 Allegeance? and into what a consternation must it throw them when they find by my Case that the King looks upon them as so many Traitors for becoming his Subjects, and for swearing Alle­geance 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 justifie 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 connection 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 it is a Crime for me to justifie my self, because they have piss [...]ssed his Majesty against me, I could answer this with some famed sayings of Tacitus' s, that would disturb 'em a little; and if in a 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, though I my self come to feel the weight of it.

G. Burnet.

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