law in one session for uniformity, and in another session. to pass a law to frustrate or weaken it, the reasons continuing the same. 3. That it will expose your majesty to the restless importunities of every sect who shall dissent from the established church. 4. That it will increase sectaries, which will weaken the protestant profession, and be troublesome to the government; and in time some prevalent sect may contend for an establishment which may end in popery. 5. That it is unprecedented, and may take away the means of convicting recusants. 6. That the indulgence proposed will not tend to the peace, but to the disturbance of the kingdom; the best way therefore to produce a settled peace is to press vigorously the act of uniformity." The reader will judge of the force of these reasons, which, in my opinion, would justify the severest persecution in the world; however, the king was convinced with a sum of money, and therefore made no other reply, but that he had been ill understood. The house then addressed him to put the laws in execution against papists; and a proclamation was issued out for that purpose, but little regarded. However, this opposition to the king and the Roman catholics by lord Clarendon, and his friends in the house of commons, laid the foundation of his impeachment the next year, and of his ruin some time after. Bishop Kennet admits, That the king was inclined to a general indulgence, though whether it was from his good-nature, or a secret inclination to introduce popery, is not very decent to determine ;" but both he and Eachard are of opinion, "That the king's clemency hardened the dissenters against the church; whereas, if they had lost all dependance on a court interest, and had found the king and his ministry intent upon the strict execution of the act of uniformity, most of them (say they) would at this juncture have conformed." A notorious mistake! the contrary to this being evident to a demonstration throughout the course of this reign. The conformity of honest men does not depend upon the will, but the understanding, and it is very ungenerous at this distance to impeach men's integri* Page 258. Eachard, p. 806. ty, who underwent a long course of the severest trials to retain it. Some of the ejected presbyterians, who were men of piety and learning, complied as far as they could, and made a distinction between lay-conformity, and ministerial; they practised the former, and went sometimes to their parish churches before or after the exercise of their ministry in some private houses; and this they did, not for interest or advantage, but to all appearance to express their catholicism and brotherly love.* Here was the rise of occasional conformity, practised by Dr. Bates, Mr. Baxter, and others, to their death; but this, instead of being well taken, was the occasion of bringing some of them into trouble; for Mr. Calamy, late minister of Aldermanbury, being at his parish church December 28, the preacher happened to disappoint them; upon which, at the importunity of the parishioners, Mr. Calamy went up into the pulpit, and preached a sermon upon Eli's concern for the Ark of God; a subject much upon their thoughts at that time: but this was so highly resented at court, that he was sent to Newgate next week for sedition, in breaking the king's laws. It was done in terrorem, says my author, but there was such a clamor among the people, and such a resort of persons of distinction to visit the prisoner, that his majesty thought fit to release him in a few days, which not being done by due course of law, the commons resented it, and presented an address, that the laws for the future might have their free course. This disgusted the king, who was willing to assert his prerogative, and shew some favor to the presbyterians, that he might cover the papists; but lord Clarendon, who was their implacable enemy, and at the head of that party which meditated their ruin, opposed the court measures, and encouraged his friends in both houses to abide by the laws.‡ The following summer [1663] there was a fresh discourse of liberty for the silenced ministers; and the court were so far in the design as to encourage them to petition for a gen eral toleration, insinuating this to be the only way of re lief, and that the legislature would go on to increase their Baxter's Life, part ii. p. 436. Compl. Hist. p. 267. burdens, and lay them in gaols till they complied. The independents went up to court to speak for themselves, but the presbyterians refused; upon which Mr. Baxter says, the independent brethren thought it owing to them that they missed of their intended liberty.* The court being displeased, lord Clarendon and his friends took the opportunity to awaken their resentments, by fathering upon the nonconformists some new plots against the government. There was said to be a conspiracy in the North among the republicans and separatists, to restore the long parliament, and put Lambert and Ludlow at their head, though the former was shut up in prison in a remote island, and the other gone into banishment. There had been some unadvised and angry conversation among the meaner sort of people of republican principles, but it was not pretended that any gentleman of character, much less that the body of the English non-conformists, were acquainted with it; however, about twenty were tried and condemned at York and Leeds, and several executed. Some very mean persons were indicted at the Old-Bailey for a branch of the same design, as Tongue, Phillips, Stubbs, Hind, Sellars, and Gibbes: they were not tried separately, but set at the bar together, and condemned in the lump. It was pretended that the fifth monarchy men, anabaptists, independents, and some quakers, were consenting to some desperate designs, but the authors were never discovered; however, four of these pretended conspirators were executed, who confessed, at the place of execution, that they had heard some treasonable expressions in company, but denied to the last that they were acquainted with any conspiracy asgainst the king; and whoever reads their trials will be inclined to think, that it was a design of those who were at the head of affairs, to inflame the populace against the nonconformists, in order to bring on them greater severities.† An act was passed this summer for the relief of such persons as by sickness, or other impediments, were disabled from subscribing the declaration in the act of uniformity, and explanation of the said act. The preamble sets forth, "That divers persons of eminent loyalty, and known *Baxter's Life, part ii. p. 430, 3. + Kennet's Chron. p. 840, 1. Calamy, vol. i. p. 305. Rapin, p. 635. affection to the liturgy of the church of England, were out of the kingdom; and others by reason of sickness, disabil ity of body, or otherwise, could not subscribe within the time limited, and were therefore disabled, and ipso facto deprived of their prebendaries, or other livings. therefore further time is given them to the feast of the nativity of our Lord next ensuing; or if out of England, forty days after their return :"* Which shews, that the time limited by the act of uniformity was not sufficient. The journal of the house of lords mentions a clause inserted by their lordships, explaining the subscription and declaration to relate only to practice and obedience to the law, which passed the upper house, though several temporal lords protested against it, as destructive to the church of England; however, when it came down to the commons, the clause was rejected, and the lords did not think fit to insist upon its being restored.† While the parliament were relieving the loyalists, they increased the burdens of the non-conformists, for under color of the late pretended plots, they passed an act for suppressing seditious conventicles; the preamble to which having set forth, that the sectaries, under pretence of tender consciences, at their meetings had contrived insurrec tions, the act declares the 35th of Queen Elizabeth to be in fall force, which condemns all persons refusing peremptorily to come to church, after conviction, to banishment, and in case of return to death, without benefit of clergy. It enacts further," That if any person above the age of sixteen, after the first of July 1664, shall be present at any meeting, under color or pretence of any exercise of religion, in other manner than is allowed by the liturgy or practice of the church of England, where shall be five or more persons than the household,shall for the first offence suffer three months imprisonment, upon record made upon oath under the hand and seal of a justice of peace, or pay a sum not exceeding five pounds; for the second offence six months 15 Car. II. cap. 6. "Thus it is the declared sense of the legislature, that the unfeigned assent and consent relates not only to the use, but to the inwardˇand entire approbation of all and every thing as expressed in the subscription." Fowler's French Constitution, p. 352, note. 416 Car. II. cap. 4. imprisonment, or ten pounds; and for the third offence the offender to be banished to some of the American plantations for seven years, excepting New-England and Virginia, or pay one hundred pounds; and in case they return, or make their escape,such persons are to be adjudged felons, and suffer death without benefit of clergy. Sheriffs, or justices of peace, or others commissioned by them, are empowered to dissolve, dissipate, and break up all unlawful conventicles, and to take into custody such of their number as they think fit. They who suffer such conventicles in their houses or barns are liable to the same forfeitures as other offenders. The prosecution is to be within three months. Married women taken at conventicles are to be imprisoned for twelve months, unless their husbands pay for. ty shillings for their redemption. This act to continue in force for three years after the next session of parliament." : This was a terrible scourge over the laity, put into the hands of a single justice of peace, without the verdict of a jury, the oath of the informer being sufficient. The design of the parliament (says Rapin) was to drive them to despair, and to force them into real crimes against the gov ernment. By virtue of this act the gaols in the several counties were quickly filled with dissenting protestants, while the papists had the good fortune to be covered under the wing of the prerogative. Some of the ministers who went to church in the sermon time, were disturbed for preaching to a few of their parishioners after the public service was over; their houses were broke open, and their hearers taken into custody; warrants were issued out for levying twenty pounds on the minister, twenty pounds upon the house, and five shillings upon each hearer. If the money was not immediatly paid, there was a seizure of their effects, the goods and wares were taken out of the shops; and in the country, cattle were driven away and sold for half the value. If the seizure did not answer the fine, the minister and people were hurried to prison, and held under close confinement for three or six months. The trade of an informer began to be very gainful, by the encouragement of the spiritual courts. At every quarter-sessions several were fined for not coming to church, and others excommunicated; nay, some have been sentenced to abjure the |