By fill the vacant pulpits more to the people's fatisfaction. fuch arguments, delivered with great earneftness and zeal, they prevailed with the council to let the law take place for the prefent. Nevertheless, about four months after, his majefty pubfifhed a declaration to all his loving subjects, by advice of his privy council, dated December 26, 1662, in which, after reciting those words of his declaration from Breda, relating to his giving liberty to tender confciences, and his readiness to consent to an act of parliament for that purpose, his majesty adds, "As all these things are fresh in our memory, fo "are we ftill firm in the refolution of performing them to "the full. But it must not be wondered at, fince that par"liament to which thofe promises were made, never thought "fit to offer us an act for that purpofe, that we being fo “zealous as we are (and by the grace of God fhall ever be) "for the maintenance of the true proteftant religion, should ઃ give its establishment the precedency before matters of indulgence to diffenters from it; but that being done, we "are glad to renew to all our fubjects concerned in those "promifes of indulgence this affurance, That as for what "concerns the penalties upon thofe, who (living peaceably) "do not conform to the church of England through fcruple, "or tenderness of mifguided confcience, but modeftly, and "without fcandal, perform their devotions in their own way, we shall make it our special care, as far as in us lies, "without invading the freedom of parliament, to incline "their wisdom at the next approaching feffions, to concur “with us in making some act for that purpose, as may ena"ble us to exercise with a more univerfal fatisfaction that power of difpenfing which we conceive to be inherent in us; nor can we doubt of their cheerful co-operating with us "in a thing wherein we conceive ourselves fo far engaged "both in honour, and in what we owe to the peace of our "dominions, which we profefs we can never think secure "whilst there fhall be a colour left to difaffected perfons "to inflame the minds of fo many multitudes upon the score "of conscience, with defpair of ever obtaining any effe&t "of our promises for their eafe." 66 His majesty then proceeds to obviate the objection of his favouring papifts; and after having avowed to the world the due fense he had of their having deferved well from his royal father, and from himself, and even from the protestant religion, in adhering to them with their lives and fortunes, for the maintenance of their crown in the religion established, he declares, that "it is not in his intention to exclude them "from all benefit from fuch an act of indulgence, but that they are not to expect an open toleration; but refers the "manner to the approaching feffions of parliament, which "he doubts not will concur with him in the performance of "his promises."-He concludes, "with hoping that all his fubjects, with minds happily compofed by his clemency "and indulgence, (inftead of taking up thoughts of deserting "their profeffions, or tranfplanting) will apply themselves "comfortably, and with redoubled industry, to their several "vocations, in fuch manner as the private intereft of every "one in particular may encourage him to contribute cheerfully to the general profperity. "Given at our court at Whitehall, this 26th of December, "in the 14th year of our reign." This declaration was thought to be framed at Somersethoufe, where the queen-mother kept her court, without the knowledge of lord Clarendon or bifhop Sheldon; and, ac cording to Burnet, was the refult of a council of papists at the earl of Bristol's, (who were under an oath of fecrecy) and of the king himself.* It is modeftly expreffed; and though it carries in it a claim of the difpenfing power, and of good-will to popery, yet it refers all to the parliament. Accordingly his majefty, in his fpeech at the opening the next feffions, Feb. 28, 1663, fupported his declaration in the following words, "That though he was in his nature an enemy "to all feverity in religion, he would not have them infer "from thence, that he meant to favour popery, though "feveral of that profeffion, who had ferved him and his fa"ther well, might juftly claim a fhare in that indulgence "he would willingly afford to other diffenters; not that I "intend them to hold any place in the government (fays his * Burnet, vol. i. p. 282,3. "majesty) VOL. IV. D D 66 majefty) for I will not yield to any, no not to the bishops themfelves, in my zeal for the proteftant religion, and my liking "the act of uniformity; and yet if the diffenters will behave "themselves peaceably and modeftly under the government, "I could heartily wish I had fuch a power of indulgence to use upon all occafions, as might not needlefly force them out of the kingdom, or staying here, give them caufe to confpire against "the peace of it." This was the first open claim of a difpenfing power, which the reader will obferve did not propose a law for liberty of confcience, but that his majesty might have a legal power of indulgence vefted in himfelf, which he might ufe or recal as he thought fit. This alarmed the house of commons, who voted the thanks of the house for his majesty's refolution to maintain the act of uniformity; but that it was the opinion of the house, that no indulgence be granted to diffenters from it; and an address was appointed to be drawn up, and presented to his majefty, with the following reafons: We have confidered (fay they) your majefty's declaration from Breda, and are of opinion, that it was not a promise, but a gracious declaration to comply with the advice of your parliament, whereas no fuch advice has been given.* They who pretend a right to the fuppofed promise, put "the right into the hands of their reprefentatives, who have paffed the act of uniformity.§ If any fhall fay, a right to "the benefit of the declaration ftill remains, it tends to dif"folve the very bond of government, and to fuppofe a difa"bility in the whole legiflature to make a law contrary to ૯૮ your majesty's declaration. We have alfo confidered the nature of the indulgence propofed, and are of opinion, 1. That it will establish schism by a law, and make the cen"fures of the church of no confideration. 2. That it is un"becoming the wisdom of parliament to pafs a law in one દુઃ Rapin, vol. ii. p. 634. According to this curious mode of reafoning, the authority of a trust juftifies the abuse of it, and perfons elected for the general welfare are not accountable for acting contrary to the intereft of their conftituents. Such a pofition is juft as abfurd, to use the fimile of a late writer, as to imagine that phyficians, chofen to fuperintend and cure the fick in hofpitals, have a right to kill their patients if they pleafe." Secret Hiftory of the Reign of Charles II. vol. ii. p. 7, note. ED. "feffion "feffion for uniformity, and in another feffion to pass a law "to fruftrate or weaken it, the reafons continuing the fame. te 3. That it will expofe your majefty to the restless importu "nities of every fect who fhall diffent from the established "church. 4. That it will increase fectaries, which will "weaken the proteftant profeffion, and be troublesome to the "government; and in time fome prevalent fect may contend "for an establishment which may end in popery. 5. That "it is unprecedented, and may take away the means of con"victing recufants. 6. That the indulgence propofed will "not tend to the peace, but to the disturbance of the king"dom; the best way therefore to produce a fettled peace is "to prefs vigorously the act of uniformity." The reader will judge of the force of these reasons, which, in my opinion, would juftify the feverest perfecution in the world; however, the king was convinced with a fum of money, and therefore made no other reply, but that he had been ill understood. The house then addreffed him to put the laws in execution against papists; and a proclamation was iffued out for that purpose, but little regarded. However, this oppofition to the king and the Roman catholicks by lord Clarendon, and his friends in the house of commons, laid the foundation of his impeachment the next year, and of his ruin fome time after. Bishop Kennet admits, That the king was inclined to a general indulgence,* "though whether it was from "his good-nature, or a fecret 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 "diffenters against the church; whereas, if they had loft all "dependance on a court intereft, and had found the king. "and his miniftry intent upon the ftrict execution of the act "of uniformity, most of them (say they) would at this junc"ture have conformed." A notorious mistake! the contrary to this being evident to a demonftration throughout the course of this reign. The conformity of honeft men does not depend upon the will, but the understanding, and it is very ungenerous at this distance to impeach men's integrity, who underwent a long course of the feverest trials to retain it. • Page 258. Eachard, p. 806. DD 2 Some * Some of the ejected prefbyterians, who were men of piety and learning, complied as far as they could, and made a diftinction between lay-conformity, and minifterial; they practifed the former, and went fometimes to their parish churches before or after the exercise of their miniftry in fome private houfes; and this they did, not for interest or advantage, but to all appearance to exprefs their catholicifm and brotherly love. Here was the rife of occafional conformity, practifed by Dr. Bates, Mr. Baxter, and others, to their death; but this, inftead of being well taken, was the occafion of bringing fome of them into trouble; for Mr. Calamy, late minister of Aldermanbury, being at his parish church December 28, the preacher happened to difappoint them; upon which, at the importunity of the parishioners, Mr. Calamy went up into the pulpit, and preached a fermon upon Eli's concern for the Ark of God; a fubject much upon their thoughts at that time: but this was fo highly refented at court, that he was fent to Newgate next week for fedition, in breaking the king's laws. It was done in terrorem, fays my author, but there was such a clamour among the people, and fuch a refort of persons of distinction to vifit the prifoner, that his majefty thought fit to release him in a few days, which not being done by due course of law, the commons refented it, and prefented an address, that the laws for the future might have their free courfe. This difgufted the king, who was willing to affert his prerogative, and fhew fome favour to the prefbyterians, that he might cover the papifts; but lord Clarendon, who was their implacable enemy, and at the head of that party which meditated their ruin, opposed the court meafures, and encouraged his friends in both houses to abide by the laws.‡ The following fummer [1663] there was a fresh discourse of liberty for the filenced minifters; and the court were so far in the design as to encourage them to petition for a general toleration, infinuating this to be the only way of relief, and that the legislature would go on to increase their burdens, and lay them in gaols till they complied. The independants went up to court to speak for themselves, but the prefbyterians refused; * Baxter's Life, part ii. p. 436. Compl. Hist. p. 267. ↑ Rapin, p. 312-13. upon |