authority, denying of his allegiance to us, and asserting, that his allegiance is translated from us to the sovereignty of the states of Holland, and a threatening us to expose, traduce, disparage and bely our government, and the public actings for 20 years past; though he acknowledges it will be displeasing to us, yet, by a most indiscreet and disloyal insolence, he threatens to do it in contempt, except forsooth we will acquiesce, and suffer the declinature of our royal authority, and pass from the process as having no allegiance due to us from the Doctor, &c. in common form." Burnet himself, (Own Times, vol. 1, p. 708, fol.) mentions that White (created marquis d'Albeville) whom Jame sthe second had sent to succeed Skelton at the Hague, had orders before he entered upon business with the prince or princess, to ask of them not only to forbid Burnet the court, but to promise to see him no more, adding, "The king had writ two vioJent letters against me to the princess: she -trusted me so far that she shewed them to me, and was pleased to answer them according to the hints that I suggested. But now it was put so home, that this was to be complied with, or a breach was immediately to follow upon it. So this was done: and they were both so true to their promise, that I saw neither the one nor the other till a few days before the prince set sail for England." (The prince, however, he says, constantly communicated with him by the intermediation of Dykvelt and Halewyn.) Having thus acquainted us with the dislike which king James entertained towards him, the Bishop afterwards (p. 726.) writes of this prosecution against him, as follows: name to his advocate in Scotland to prosecute me for some probable thing or other; which was intended only to make a noise, not doubting but this would break the intended marriage. A ship coming from Scotland the day, in which this prosecution was ordered, that had a quick passage, brought me the first news of it, long before it was sent to D'Albeville. So I petitioned the states, who were then sitting, to be naturalized in order to my intended mar riage. And this past in course, without the least difficulty; which perhaps might have been made, if this prosecution now begun in Scotland, had been known. Now I was legally under the protection of the states of Holland. Yet I writ a full justification of myself, as to all particulars laid to my charge, in some letters that I sent to the earl of Middleton. But in one of these I said, that, being now natura lized in Holland, my allegiance was, during my stay in these parts, transterred from his majesty to the states. I also said in another letter, that, if upon my non-appearance a sen tence should pass against me, I might be perhaps forced to justify myself, and to give an account of the share that I had in affairs these twenty years past: In which I might be led to mention some things, that I was afraid would displease the king and therefore I should be sorry, if I were driven to it. "Now the court thought they had somewhat against me: for they knew they had nothing before. So the first citation was let fall, and a new one was ordered on these two accounts. It was pretended to be high treason, to say my allegiance was now transferred: and it was set forth, as a high indignity to the king, to threaten him with writing a history of the transactions past these last twenty years. The first of these struck at a great point, which was a part of the law of nations. Every man that was naturalized took an oath of allegiance to the prince or state that naturalized him. And, since no man can serve two masters, or he under a double allegiance, it is certain, that there must be a transfer of allegiance, at least during the stay in the country where one is so "After I had a staid a year in Holland, I heard from many hands, that the king seemed to forget his own greatness when he spoke of me, which he took occasion to do very often. I had published some account of the short tour I had made in several letters; in which my chief design was to expose both popery and tyranny. The book was well received, and was much read: And it raised the king's dis-naturalized. pleasure very high. "My continuing at the Hague made him conclude, that I was managing designs against him. And some papers in single sheets came out, reflecting on the proceedings of England, which seemed to have a considerable effect on those who read them. These were printed in Holland and many copies of them were sent into all the parts of England. All which inflamed the king the more against me; for he believed they were writ by me, as indeed most of them were. But that which gave the crisis to the king's anger was, that he heard I was to be married to a considerable fortune at the Hague. So a project was formed to break this, by charging me with high treason for corresponding with lord Argile, and for conversing with some that were outlawed for high treason. "The king ordered a letter to be writ in his "This matter was kept up against me for some time, the court delaying proceeding to any sentence for several months. At last a sentence of outlawry was given: and upon that Albeville said, that if the states would not deliver me up, he would find such instruments as should seize on me, and carry me away for cibly. The methods be named of doing this were very ridiculous. And he spoke of it to so many persons; that I believe his design was ra ther to frighten me, than that he could think ta effect them. Many overtures were made to some of my friends in London, not only to let this prosecution fail, but to promote me, if I would make myself capable of it. I entertained none of these. I had many stories brought me of the discourses among some of the brutal Irish, then in the Dutch service. But I thank God, I was not moved with them. I resolved to ge on, and to do my duty, and to do what service had offended in any thing. As for the two I could to the public, and to my country and memorials that claimed me as a fugitive and a resigned myself up entirely to that providence, rebel, I could not be looked on as a fugitive that had watched over me to that time with an from Scotland. It was now fourteen years indulgent care, and had made all the designs since I had left that kingdom, and three since I of my enemies against me turn to my great came out of England with the king's leave. I advantage." had lived a year in the Hague openly; and nothing was laid to my charge. As for the sentence that was pretended to be past upon me, I could say nothing to it, till I saw a copy of it. After this, he has occasion to notice the transactions of Albeville with the States, respecting the occurrences at Bantam, after which he thus resumes his account of the proceedings against himself: "The States were fully satisfied with my answers; and ordered a memorial to be drawn "Albeville's next negotiation related to my- according to them. They also ordered their self. I had printed a paper in justification of enibassador to represent to the king, that he myself, together with my letters to the earl of himself knew how sacred a thing naturalizaMiddleton. And he in a memorial complained❘tion was. The faith and honour of every state of two passages in that paper. One was, that I said it was yet too early to persecute men for religion, and therefore crimes against the state were pretended by my enemies: This, he said, did insinuate, that the king did in time intend to persecute for religion. The other was, that I had put in it an intimation, that I was in danger by some of the Irish papists. This, he said, was a reflection on the king, who hated all such practices. And to this he added, that by the laws of England all the king's subjects were bound to seize on any person that was condemned in his courts, in what manner soever they could: and therefore be desired, that both I and the printer of that paper might be punished. But now upon his return to the Hague, I being outlawed by that time, he demanded, that, in pursuance of an article of the treaty that related to rebels or fugitives, I might be banished the provinces. And to this he craved once and again a speedy answer. "I was called before the deputies of the states of Holland, that I might answer the two memorials that lay before them relating to myself. I observed the difference between them. The one desired, that the States would punish me, which did acknowledge me to be their subject. The other, in contradiction to that, laid claim to me as the king's rebel. As to the particulars complained of, I had made no reflection on the king; but to the contrary. I said, my enemies found it was not yet time to persecute for religion. This insinuated, that the king could not be brought to it. And no person could be offended with this, but he who thought it was now not too early to persecute. As to that of the danger in which I apprehended myself to be in, I had now more reason than before to complain of it, since the envoy had so publicly affirmed, that every one of the king's subjects might seize on any one that was condemned, in what manner soever they could, which was either dead or alive. I was now the subject of the states of Holland, naturalized in order to a marriage among them, as they all knew: And therefore claimed their protection. So, if I was charged with any thing that was not according to law, I submitted myself to their justice. I should decline no trial, nor the utmost severity, if I VOL. XI. was concerned in it. I had been naturalized upon marrying one of their subjects, which was the justest of all reasons. If the king had any thing to lay to my charge, justice should be done in their courts. The king took the matter very ill; and said, it was an affront to him, and a just cause of war. Yet, after much passion, he said, he did not intend to make war upon it; for he was not then in condition to do it. But he knew there were designs against him, to make war on him, against which he should take care to secure himself: And he should be on his guard. The embassador asked him, of whom he meant that. But he did not think fit to explain himself further. He ordered a third memorial to be put in against me, in which the article of the treaty was set forth But no notice was taken of the answers made to that by the States: But it was insisted on, that, since the States were bound not to give sanctuary to fugitives and rebels, they ought not to examine the grounds on which such judgments were given, but were bound to execute the treaty. Upon this it was observed, that the words in treaties ought to be explained according to their common acceptation, or the sense given them in the civil law, and not according to any particular forms of courts, where for non-appearance a writ of outlawry or rebellion might lie: The sense of the word rebel in common use was a man that had born arms, or had plotted against his prince: and a fugitive was a man that fled from justice. The heat with which the king seemed inflamed against me, carried him to say and do many things that were very little to his honour. "I had advertisements sent me of a further progress in his designs against me. He had it suggested to him, that, since a sentence was past against me for non-appearance, and the States refused to deliver me up, he might order private persons to execute the sentence as they could: And it was writ over very positively, that 5,000l. would be given to any one that should murder me. A gentleman of an unblemished reputation writ me word, that he himself by accident saw an order drawn in the Secretaries office, but not yet signed, for 3,000%.. to a blank person that was to seize or destroy 4 C me. And he also affirmed, that prince George | but had heard, it was a good thing. Sir Jo had heard of the same thing, and had desired Lowther of Whitehaven, being there, said, He the person to whom he trusted it to convoy the had read it; and did not remember any thing notice of it to me: And my author was em- in it, which any one could except against.” ployed by that person to send the notice to me. The king asked Jefferies, what he might do against me in a private way, now that he could not get me into his hands. Jefferies answered, he did not see how the king could do any more than he had done. He told this to Mr. Kirk to send it to me: For he concluded, the king was resolved to proceed to extremities, and only wanted the opinion of a man of the law to justify a more violent method. I had so many different advertisements sent me of this, that I concluded a whisper of such a design might have been set about, on design to frighten me into some mean submission, or into silence at least. But it had no other effect on me, but that I thought it fit to stay more within doors, and to use a little more than ordinary caution. I thank God, 1 was very little concerned at it. I resigned up my life very freely to God. I knew my own innocence, and the root of all the malice that was against me. And I never possessed my own soul in a more perfect calm, and in a clearer cheerfulness of spirit, than I did during all those threatenings, and the apprehensions that others were in concerning me." Henry earl of Clarendon, in his Diary, under date April 4, 1688, says, "I was at the king's levee: His majesty spake much of an answer Dr. Burnet had written to a pamphlet, called, • Parliamentum Pacificum.' He asked me if I had read it? I said, No; I had not seen it. Upon which the king said, The Doctor was very angry, and used him, in his usual manner, with many rude and insolent expressions. His majesty added, He had not read the pamphlet which the Doctor pretended to answer; the question of Burnet's veracity as an histoHaving already more than once adverted to this present volume, p. 1040.) I will here notice rian, (see vol. 8, p. 134, vol. 10, p. 757, and Burnet's Own Times, as relates to the reign of that with respect to so much in particular of James the second, Burnet's own representa tion of the circumstances, under which he wrote it, should not be neglected. After having stated that an inglorious and unprosperous reign, which had been begun with great advantages, had, by poor management, bad designs, and worse conduct, come in conclusion under one of the strangest catastrophes that is revolution deserves to be well opened: I will in any history, he says, "Such an unexpected do it as fully as I can. But, having been beyond sea almost all this reign, many small particulars, that may well deserve to be rehad good opportunities to be well informed, I membered, may have escaped me; yet as I will pass over nothing that seems of any importance to the opening such great and unusual transactions." Own Times 617, 618, fol. ed. of 1724." Henry lord Clarendon, (who did not like Burnet) relating in his Diary what passed on the arrival of king James's commissioners, at Hungerford, (Dec. 8, 1688) to wait on the prince of Orange, says, "I told the prince how my lord Halifax had desired to see Dr. Burnet, upon which the prince said there would then be fine tattling: but he should not speak to Burnet in private, that he had no mind any of those who were with him, should converse with the commissioners." 349. Proceedings against Dr. HENRY COMPTON, Lord Bishop of London, in the Council-Chamber at Whitehall, by the Lords Commissioners appointed by his Majesty to inspect Ecclesiastical Affairs, for not suspending Dr. John Sharp, Rector of St. Giles's, August 1686: 2 JAMES II. A. D. 1686.* 'minencies to the same of right belonging or appertaining, by reason wherof, we your 'most humble and obedient subjects, from the xxv. year of the reign of your said dear father, were continually kept in good order, and were disburdened of divers great and selves to study the points of controversy. And upon that there followed a great variety of small books, that were easily purchased and soon read. They examined all the points of Popery with a solidity of judgment, a clearness of arguing, a depth of learning, and a vivacity of writing, far beyond any thing that had before that time appeared in our language. The truth is, they were very unequally yoked: For, if they are justly to be reckoned among the best writers that have yet appeared on the Protestant side, those they wrote against were certainly among the weakest that had ever appeared on the Popish side. Their books were poorly but insolently writ; and had no other learning in them, but what was taken out of some French writers, which they put into very bad English: So that a victory over them need have been but a mean performance. "This had a mighty effect on the whole nation: Even those who could not search things to the bottom, yet were amazed at the great inequality that appeared in this engage ment. The Papists, who knew what service the bishop of Meaux's book had done in France, resolved to pursue the same method here in several treatises, which they entitled Papists represented and misrepresented; to which such clear answers were writ, that what effect soever that artifice might have, where it was supported by the authority of a great king, and the terror of ill usage, and a dragoonade in conclusion, yet it succeeded so ill in England, that it gave occasion to enquire into the true opinions of that church, not as some artful writers had disguised them, but as they were laid down in the books that are of authority among them, such as the decisions of councils received among them, and their established offices, and as they are held at Rome, and in all those countries where Popery prevails without any intermixture with heretics, or appre hension of them, as in Spain and Portugal. This was done in so authentical a manner, that Popery itself was never so well understood by the nation, as it came to be upon this occasion, "The persons, who both managed and directed this controversial war, were chiefly Tillotson, Stillingfleet, Tennison, and Patrick. Next them were Sherlock, Williams, Claget, Gee, Aldrich, Atterbury, Whitby, Hooper, and above all these Wake, who having been long in France, chaplain to the lord Preston, brought over with him many curious discoveries that were both useful and surprising. Besides the chief writers of those books of controversy, there were many sermons preached and printed on those heads, that did very much edify the whole nation. And this matter was managed 'intollerable charges and exactions before that time unlawfully taken and exacted by 'such foreign power and authority as before 'that was usurped, until such time as all the 'said good laws and statutes by one act of 'parliament made in the first and second with that concert, that for the most part once a week some new book or sermon came out, which both instructed and animated those who read them. There were but very few proselytes gained to Popery: And these were so inconsiderable, they were rather a reproach than an honour to them. Walker, the head of University College, and five or six more at Oxford, declared themselves to be of that religion; but with this branch of infamy, that they had continued for several years complying with the doctrine and worship of the church of England after they were reconciled to the church of Rome. The Popish priests were enraged at this opposition made by the clergy, when they saw their religion so exposed, and themselves so much despised. They said, it was ill manners and want of duty to treat the king's religion with so much contempt. "It was resolved to proceed severely against some of the preachers, and to try if by that means they might intimidate the rest. Dr. Sharp was the rector of St. Giles's, and was both a very pious man, and one of the most popular preachers of the age, who had a peculiar talent of reading his sermons with much life and zeal. He received one day, as he was coming out of the pulpit, a paper sent him, as he believed, by a priest, containing a challenge upon some points of controversy touched by him in some of his sermons. Upon this, he, not knowing to whom he should send an answer, preached a sermon in answer to it: And, after he had confuted it, he concluded shewing how unreasonable it was for Protestants to change their religion on such grounds. This was carried to court and represented there, as a reflection on the king for changing on those grounds. "The information, as to the words pretended to be spoken by Sharp, was false, as he himself assured me. But, without enquiring into that, the earl of Sunderland sent an order to the bishop of London, in the king's name, requiring him to suspend Sharp immediately, and then to examine the matter. The bishop answered, that he had no power to proceed in such a summary way: but, if an accusation we e brought into his court in a regular way, he would proceed to such a censure as could be warranted by the ecclesiastical law: Yet, he said, he would do that which was in his power, and should be upon the matter a suspension; for he desired Sharp to abstain from officiating, till the matter should be better understood. But to lay such a censure on a clergyman, as a suspension, without proof, in a judiciary proceeding, was contrary both to law and justice. Sharp went to court to shew the notes of his years of the reigns of the late king Philip, and queen Mary, your highness sister, enti'tuled An Act repealing all statutes, articles ' and provisions, made against the see apos'tolick of Rome, since the twentieth year of sermon, which he was ready to swear were those from which he had read it, by which the falshood of the information would appear. But since he was not suspended, he was not admitted. Yet he was let alone. And it was resolved to proceed against the bishop of London for contempt. "Jefferies was much sunk at court, and Herbert was the most in favour. But now Jefferies, to recommend himself, offered a bold and illegal advice, for setting up an ecclesiastical commission, without calling it the high commission, pretending it was only a standing court of delegates. The act that put down the high commission in the year 1640 had provided by a clause, as full as could be coneeived, that no court should be ever set up for those matters, besides the ordinary ecclesiastieal courts. Yet in contempt of that a court was erected, with full power to proceed in a summary and arbitrary way in all ecclesiastical matters, without limitations to any rule of law in their proceedings. This stretch of the supremacy so contrary to law, was assumed by a king, whose religion made him condemn all that supremacy that the law had vested in the crown. son, that was summoned to appear before this new court. He was attended on by many per sons of great quality, which gave a new offence: and the lord chancellor treated him in that brutal way, that was now become as it were natural to him. The bishop said, here was a new court of which he knew nothing: so he desired a copy of the commission that authorised them. And, after he had drawn out the matters by delays for some time, hoping that the king might accept of some general and respectful submission, and so let the matter fall, at last he came to make his defence, all secret methods to divert the storm proving ineffectual. The first part of it was an excep tion to the authority of the court, as being not only founded on no law, but contrary to the express words of the act of parliament that put down the high commission. Yet this point was rather insinuated, than urged with the force that might have been used: for it was said, that if the bishop should insist too much on that, it would draw a much heavier measure of indignation on him; therefore it was rather opened, and modestly represented to the court, than strongly argued. But it may be easily believed, that those who sate by virtue "The persons with whom this power was of this illegal commission would maintain their lodged were the archbishop of Canterbury, own authority. The other part of the bishop and the bishops of Duresme and Rochester, of London's plea was, that he had obeyed the and the lord chancellor, the lord treasurer, king's orders, as far as he legally could do; for and lord chief justice, the lord chancellor being he had obliged Dr. Sharp to act as a man that made president in the court sine quo non for was suspended; but that he could not lay an they would trust this to no other management. ecclesiastical censure on any of his clergy The bishop of London was marked out to be the without a process, and articles, and some proof first sacrifice. Sancroft lay silent at Lam- brought. This was justified by the constant beth. He seemed zealous against Popery in practice of the ecclesiastical courts, and by the private discourse: but he was of such a timo-judgment of all lawyers. But arguments, how rous temper, and so set on the enriching his nephew, that he shewed no sort of courage. He would not go to this court, when it was first opened, and declare against it, and give his reasons why he could not sit and act in it, judging it to be against law: but he contented himself with his not going to it. The other two bishops were more compliant. Duresme was lifted up with it, and said, now his name would be recorded in history: and, when some of his friends represented to him the danger of acting in a court so illegally constituted, he said, he could not live if he should lose the king's gracious smiles: so low and so fawning was lie. Dolben, archbishop of York, died this year. So, as Sprat had succeeded him in Rochester, he had some hopes let fall of succeeding like wise in York. But the court had laid it down for a maxim to keep all the great sees, that should become vacant, still empty, till they might fill them to their own mind: so he was mistaken in his expectations, if he ever had them. "The bishop of London was the first per strong soever, are feeble things, when a sen tence is resolved on before the cause is heard. So it was proposed, that he should be suspended during the king's pleasure. The lord chan cellor and the poor-spirited bishop of Duresme were for this: but the earl and bishop of Rochester, and the lord chief justice Herbert, were for acquitting him. There was not so much as a colour of law to support the sentence: so none could be given. "But the king was resolved to carry this point, and spoke roundly about it to the earl of Rochester. He saw he must either concur in the sentence, or part with the white staff. So he yielded. And the bishop was suspended ab officio. They did not think fit to meddle with his revenues. For the lawyers had settled that point, that benefices were of the nature of freeholds. So, if the sentence had gone to the temporalties, the bishop would have had the matter tried over again in the king's bench, where he was like to find good justice, Herbert not being satisfied with the legality and |