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King's-Bench Bar, indicted of Perju The King was very uneasy under 1686. ry, to which he pleaded guil:y. the Reitiaint of the Teltat, by

The Army, as we have said, was which Roman Catholicks were exkept up, and inc: eased, and being cluded from all Places of Trust, and quartered up and down in the Coun- made it his great Study to get over tries became a great Grievancce to it; in order to which, a Proposition the Subject ; to ease whom, and to was ttarted, and very ftrenuously inure the Soldiers to a War-like argued in Pamphlets, That the King, Manner of Living, the King caused in case of Necefiti, had a Power of his Army to lie encamped on Houns- difpenling with Laws; and that he low-Heath, a good part of this Sum. was Judge of that Necellily. This mer, as he did also every Summer was brought into Westminster. Hall, after, all his Reiga.

and caused to be declared for Law June 21. Mr. Samuel Johnson, in the following Manner ; Clerk, was tried at the King's- Benih An Action was this Trinity-Term, Bar upon an Information of High brought by one Godden against Sir Misdemeanor, for writing and pub. Edw. Hiles, for holding the Place lishing (wo Libels, of which he was of Governor of Dover Castle with. found Guilty ; and on the 16th of out qualifying himself according to November following was senten- Law by taking the Telt, &c. to ced to iland in the Pillory, to be which he pleaded the King's Dile whipt from Neugate to Tyburn, and penfation; the Validity of which bebesides, fined 500 Marks, and to ing disputed, it was referred to a lie in Prison till it is paid.

fpecial Verdict; and the judges be. July 17, the Earl of Powis, the ing consulted, they did all, except Lord Arundel of Wardo:r, the Lord one, Mr. Justice Street, agree in Bellafis, and the Lord Dover, all the following Judgment, viz. Roman Catholicks, were sworn of the King's Privy Council.

1. That the King is an Independent The King having named Dr. Prince. Cartwright Dean of Rippon, and 2. That the Laws are the King's Dr. Parker Archdeacon of Canterbu Laws, y, to succeed the eminently learn 3. That the Kings of England have ed and pious Dr. Pearson, and Dr. Power to dispense with Penal Fell, deceased, in the Bishopricks Laws, if Necessity require. of Chefter and Oxford, they were 4. That they ar.. Judges and ArEccordingly consecrated

bitrators, and have power to 7th of Otober.

judge of the Neceflity, which The King, that he might de. may

induce them to make use of Donstrate his Respect to the Church these Dispensations. nd Court of Rome, was pleased to And lastly, That the Kings of Eng. and the Earl Casllemaine Ambassa land cannot renounce the Preroor to the Pope, where he made a gatives annexed to the Crown. ery splendid Entry, and was recived with mach Affection.

And thus all the Laws made for The Pope, in return, sent a Nunthe Security of the Subjects Liberty io to the King, Count Dada, who ever since the Conquest, were at once nade his publick Entry at Windsor, declared of no Force; for fince those nd resided here, in chat Quality, restrained the Prerogative that WilI the rest of his Reign.

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1686. liam and his Successors sometime Council, and the Bishops of Dar.

had, and since the Kings could not ham and Rochester, and Lord Chief renounce that Prerogative, the Na- Juftice Herberi, Commissioners for tion of consequence was reduced in- inspecting all Eeclesiastical Matters ; to a conquered State. But to do Ju- with Power to punish, by all manstice to the Gentlemen of the Long ner of Ecclefiaftical Penalties and Robe, it was with some Difficulty Censures, all Matters and Things that the Judgment was obtained, punishable by the Ecclesiastical Laws. most of the old Judges having been Allo to visit the Universities, Caremoved in order to it.

thedral, Collegiate, and Parifa From hence we must date King Churches, Schools, Hospitals

, and James's Ruin, and the Nation's Mi- Other Houses under Ecclesiastical jofery. 'Twas this extravagant Judg- risdiction ; and Authority to make ment that gave the Pretence of Law new Laws, and abolish the old Conto, and so encouraged the executing ftitutions, notwithstanding any of the most illegal Actions.

Rights, Privileges, or Exemptions The Popish Priests, in order to whatsoever. And all their Aas to the gaining of Profelytes, daily pub- pass under their peculiar Seal. But lished Pamphlets and Sermons, in the Lord Archbishop of Canterbury which they dressed up their Reli- refused to sit, or be concerned in it. gion in the most plausible outside So a new Commission was issued, they could invent, by palliating the wherein the Lord Chief Justice uncouth Doctrines of Adoration of Wright was inserted. Images, Plenary Indulgences, Tran The first remarkable Cause that substantiation, &c. persuading the came before these Commissioners Protestants they were much misre was that of the Bishop of Lazdos, presented ; and exerted their utmost upon account of Dr. Share. Stock of Learning to defend their The Bishop of London, when the Catholicism. But all their Argu- dispensing Power in the laft Seffion

were quite baffled by the of Parliament was under Debate, Clergy of the Church of England, made a pretty smart Speech against who most ingeniously and learnedly it ; which the Papists watched as defended her

Doctrines, in the Books Opportunity to revenge ; and there and Sermons they wrote in answer fore made use of the following Pre to those of their Adversaries. So text. that the Papists finding they could Dr. Sharp, then Rector of S. not conquer the Clergy by their Giles's afterwards Lord Archbishop i Pens, were resolved to do it by their' of York, had in a Sermon uttered font Power. To which Purpose they Words againit Popery, which fone persuaded the King to set up a busy Popish Emissary immediate Court for inspecting Ecclesiastical carried to Court with all image Affairs. By whose Power they nable Aggravations ; so that te thought to curb the English Clergy King took Offence at it, and su at their Pleasure.

pleaied to send to the Bishop of Le Accordingly at the latter end of don, commanding him forthuzha this Summer, a Commission pal- to suspend Dr. Sharp from preaca fed the Great Seal, to conftitute the ing in his Diocese, till Satistadion Lord Archbishop of Canterbury, the was given. The Bishop in Antwer Lord Chancellor, the Earl of Roc wrote a Letter to the Lord Sardo chefter, Lord High-Treasurer; the land, and sent it by Dr. Soury Lord Sunderland, Preúdent of the wherein he expresied his Readizes to

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yield Obedience to the King in all who inform'd him he could not le 1686. Things that he could do with a safe gally do it. After which he defiConscience. That in this he could red Time to make his Defence, and not comply, till he had heard the a Copy of their Commission ; the Doctor's Defence. That he had in- latter they would not grant, but form'd the Doctor of the King's Dif- gave him to the oth of August to pleasure, and found him ready to prepare for his Defence. Ai which give all Satisfaction to his Majesty ; time he again appeared, but desiring to which Purpose he made him the longer time, his Council being out Bearer of this Letter, in hope that, of Town, they granted him a Fortbeing introduced to the King's Pre- night more. fence, he might have an Opportu On the 24th of August, the binity to clear himself : But the Doc. Mhop of London appeared before the tor could not gain Admittance, nor Ecclefiaftical Commisioners, were the Bishop get an Answer. The after a short Apology, he fais his Doctor therefore drew up a Petition Council told him, That their Proto the King, wherein, with all Hu. ceedings in the Court were directly mility, he expressed his Sorrow for contrary to Law, and were ready having fallen under his Displeasure, to plead it. But the Chancellor told That he had always been careful not to him, they were satisfied of the Legautter any thing that might any ways lity of their Commiffion, and theretend to the Disturbance of his Majesty's fore would not hear his Council. Government; however, if any thing Then the Bishop urged, That their bad unwarily flipt from him, that Commision did not extend to the had given bis Majefly Offence, he was Faults laid to his Charge ; for they beartily forry; that he had no ill In were to censure Faults which Mail tentions in it, and would hereafter be be committed ; but this was before more careful of his Dury; and that the Date of their Commifiion ; but be had, in Compliance to the King's this was over-sui’d. Then the BiCommand, abhained from all publick shop proteiting in his own Right to Exercise of his Funktion ; and prayed the Laws of the Realm as a Subject, bis Majesty to restore bim to his Favour. and to the Rights and Privileges of This Peticion the Doctor endeavour- the Church as a Bishop, gave in his ed to present to the King, but could Answer, and Dr. Sharp's Petition, by no Means gain Admittance. which he had endeavoured to deli

The Eccleliaitical Commissioners ver to the King. The Answer conin the mean Time sent out their Ci- tained only the King's Letter to the tations to the Bishop of London to Bishop, and the Bilhop's Letter to appear before them.

the Earl of Sunderland, before. Accordingly, on the 4th of Au- mentioned. Which being read, the 541, the Bishop appeared, where Chancellor asked if he had any more the Lord Chancellor Jefferies asked to say. The Bishop then desired his him, why he did not fufpend Dr. Council might be heard, which Sharp, when the King commanded was granted, and they were called him fo to do? and tolů him it was in, being four Doctors of the Civil for preaching seditiously, and against Law.

Law. These pleaded, That the the Government. The Bifhop an King's Letter did not mention the swered, That if he had done amiis, particular Cause, that the Bishop it was not a wilful Fault ; that he had could not absolutely suspend the Doctaken the best Advice he could get, tor without Proof of such Crime

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1686. as the Laws direct: That there was Talbot, a Roman Catholick, now

no such Thing in their Law as sul- made Earl of Tyrconnel, whom the
pending from Preaching ; it must King appointed to enjoy the Charge;
therefore be meant Silencing him, and accordingly, about the Middle
which the Bishop had done, and in of February, the Earl of Clarendos
such a Method as is observed in their delivered up the Sword of State to
Courts: That the Doctor had com- him, and soon after departed for
plied with the King's Command; England,
and that the Bishop having written, On the 2d of February the Lady
and heard no further from the King, Anna Sophia, and on the 8th, the
he ought to conclude, that the Lady Mary, Daughters to the Prio-
King was satisfied. After the Coun- ceis of Denmark, both departed this
cil had done, the Bishop said, if he Life.
had erred in any Circumitance, he The King was now pleased to
was very ready to beg his Ma eily's exert the Power of dispensing with
Pardon, and would make any Re- the Execution of Penal Laws, in
paration he was able. After which, granting a Toleration of all Ref:-
the Bishop withdiew, and being gions, notwithstanding the Laws to
called in again, he was detired to the contrary ; but he began tirit
attend again on the oth of September, with Scotland, whi her be sent a
at which time his Lordship appear- Declaration for Liberty of Con.ci-
ing, the Sentence of the Court was ence, which he conimanded the
Jead, by which the Bishop of Lon Council to publish. The Substance
don was suspended from the Execu- of which was :
tion of the Episcopal Office during That all the Disturbances that
his Majesty's Pleasure, upon Pain ot have happened of late Years, cw'd
Deprivation. Which Senience was • their Rile to the Differences in Re.
sealed with the Commissioners Seal, 'ligion, which he thought fit to
but subscribed by no Body. And obviate, by uniting bis Subjects
on the 28 h of September an Order • Affections to God and himief in
was sent to the Dean and Chapter ' Religion and Loyalıy; to which
of St. Paul's, to cause this Sentence Purpose he granted a Tolera:
to be a fixed on the South Gate of .' for Religion by Virtue of his Pre-
the Church, and on the Chapter:

rogative and Absolute Power, :0 House Door.

• all moderate Presbyterians, Qui And the Bishops of Durham, Ro • kers, Roman Catholicks, E:: chejter, and Peterborough, were ap

provided they would meet in Hot pointed to oificiate during the Sur. ies, and forbear preaching & pension, which lasted till the Ap dition, or, Alto, that all Lak2 proach of the Revolution.

against Roman Catholicks be tudo On the 8th of October the Parlia • pended ; and that they be free,

was by Proclamation pro not only in the Exercise of Riga sogued to the 15th of February, and on, but in the Enjoyment of Or on the 7th of January, they were • fices and Places, noruichitindir again piorogued to the 28 h of April. • their refusing the Oaths; and.u

The Lord Clarendon, as you have • that End, all Oaths which incapa heard, was made Lord Deputy of 'ciate any of the King's Subjects Ireland in Dec. 1685, where he had ' from serving him, were beretv governed to the great Satisfaction of ' annulled. And further, an Indenthe Subjects of that Kingdom ; how

nity was granted to all Ronat. ever, was ordered to reign to Col. · Catholicks that had incured the

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Penalty of the Statutes about the James Fitz-James, the King's na. 1686. * Oaths.' The King further decla tural Son, who had all along been red, “That he would protect the privately educated in Italy, and

Bishops and Clergy in the Poffef- came to England the last ' fion of their Religion and Rights : Year, was on the uth of March And as his Principle always was,

created Duke of Berwick, Earl of *chat Conscience ought not to be Tinmouth, and Baron of Bosworth.,

foiced; that he would not at The Earl of Poruis was made Mariempt any such Thing, aiming at quiss of Powis. The Lord Arundil the universal Ease of his Subjects, of Wardour was constituted Keeper without Exception of any but the of the Privy Seal; and the Lord, * Field Conventiclers, whose fun Thomas Howard Master of his Ma.

damental Principles were against jesty's Robes. • the Government.

On the 18th of March, the King Which Declaration was accor- in Council declared his Design of dingly published: And the Council farther proroguing the Parliament. lent an Account of the same to the which was accordingly by ProciaKing, with an Assurance of their mation prorogued to the 22d of firm Adherence to him, and Thanks November. for his Promise of protecting the At the same Time the King deChurch as by Law eitablished. clared his Resolution to grant Li

In Ireland the Protestant Party berty of Conscience to all Dissenwere very much grieved at the ters. And the Artorney and Solli-, Change of their Government. The citor General were ordered not to rew Lord Deputy, by his being a permit any Process to be issued a-, Romanit, made that Party very gainit any Diffenter whatsoever. brisk, and gave the Protestants On the 4th of April, the King's greit Ditirusts and Jealousies ; to Declaration for Liberty of Consciallay which, a Proclamation was ence was published, containing in poblithed at Dublin on the 21st of Substance, February, by the Lord Deputy and • That the King was willing to Council, to assure the People, that unite his Subjects to him, by InDotwithstanding the Endeavours of 'clination as well as Duty ; which dilaffected Persons to persuade he thought could by no Means fo them to the contrary, his Majesty

eff:ctually be done, as by grantresolved to govern them by him, ing to all the free Exercile of according to Law, and in the quiet their Religion; and tho' he could Portefion of all their Rights and not but with, that all his Subjects Privileges. But for all these fair were Members of the Catholice Promiles, the Protestants fared ve. Church, yet he declared, it had y hardly all this King's Rcigo; always been his Opinion, That Ell Ofices of Power and Profit be. • Conicience ought not to be conang given to the Irish Papifts, they ftrained, the contrary having been intu ted over them as they pleased, • the Occasion of the Destruction of inicmuch that great Numbers of the Trade, depopulating Countries, wealthier Sort left the Kingdom, • and the Discouragement of Stranremembring the barbarous Cruelty •gers. Wherefore he did in the hele Sort of Men had formerly ex

• firit Place declarc, That he would ercised there.

• protect the Church of England in In England, about this Time, • the free Exercise of their Religic'ere several Promotions made, Mr. ' on, and the quiet E. joyment of

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