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 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 Alvâ—in the last Age and that of Ireland in this which are I suppose far greater Mischâ—â—â—s that any can be Imagined to 〈◊〉 out of a small Diversâ—â— 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 lâ—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 〈…〉 Infalliâ—â—lity 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 nâ—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 aâ—l People see
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 Trienâ—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 â—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 stâ—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 iâ— 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 maâ—e to them it cannot be supposed that they will be more lâ—sting than those that were made some time ago to the Church of England 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 Fnâ—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 upon t 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 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 wâ—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 Clergy-man without a Tryal and the hearing of Parties than a Judge can give a Sentence in his Chamber
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 Lawâ— 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 Contraâ—r they are to undergo the same Pains the â—aid Traitors or Rebels ought to have sustained if they had be in apâ—rehended Nevertheless It is of Verity that the said Doctor Gilbert Burnet shaking off all Fear of God Conscience and Sense of Duty Allegeance â—nd Loyalty to Us his Soâ—eraign and Nâ—â—ive Prince upon the Safetie of whose Person and Maintainance of whoâ—e Soveraign Authority and Princely Power the Happiness Stabiliâ—â—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 Williâ—â—n Denholâ— sometime of West-shâ—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 dwellâ—◠〈◊〉 in Lincolns Inn-Fields near the Plew-Inn in our City of London or Suburbs thereof or some other part or plâ—â—e within our Kingdom of England Defamed Slandered and Reproached and Advisedlie spoke to the Disâ—ain and Reproach of our â—erson Government and Authority wrote several Letters and receâ—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 oâ— the moneths of Ianuary February and remnant moneths of the year one thousand six hundred eighty â—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 Aidâ—â—d Assisted Conversed and Intercomoned with and did favourâ— to the said Iames Steward Mr. Robert-Ferguson Thomas Stewart William Denâ—olin and Mr. Robert Martyn forfaulted Traitors and Rebels in the Cities of Râ—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 Inquâ—istâ— 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 charâ—e you straitlie and Command that incontinent this our Letter seen yee pass and in our Name and Authoâ—ie Câ—mmand and Charge the said Doctor Gilbert Burnet above complained upon be sound of Trumpet with 〈…〉 and using other Solemnitieâ— necessar to come and find sufficient Caution and Sovertie afteâ— in our Books of Adjournal that he shall compeir bâ—fore our Lords Justice General Justice Clâ—â—â—k and 〈◊〉 of â—â—sticiary within the Tâ—â—baith or Criminal Court house of Edinburgh the twentie sevinth day of Iune next to come in the hour of Caus therâ— to underlye the Law for the Crimes above-mentioned 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 Proâ—â—mation at the 〈…〉 of the head Burgh of the Shyre Stewartie Regalitie and other Jurâ—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 Pâ—er and Shoar as Leith to come and find the said Sovertie within threescore dayes next after he beâ—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 â—ring all his moveable Goods and geir to our Use for his Contemption and Disobedience And if he come and find the said Sovertie inâ—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 Complainâ—â— â—â—k person under the pain of ane hundred Merks And that ye within fiftâ—â—n dayes after his 〈◊〉 for not sinâ—ing of Caution Caus registrate thiâ— Our 〈◊〉 with your Execution thereof 〈…〉 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 Indorâ—â—t again tot he Bearer Given under Our Seal at Edenburgh the nyneteinth day of April and of Our Reign the third Year 1978. Ex deliberatione Dominorum Commissionariorum Iusticiarii sic subscribitur Signed 19. Apryle 1687. Tho. Gordonne The Witnesses against Doctor Gilbert Burnet are Sir Iohn Coohran of Oâ—kllâ—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.