King's-Bench Bar, indicted of Perjury, to which he pleaded guilty. The Army, as we have faid, was kept up, and inc eafed, and being quartered up and down in the Countries became a great Grievancce to the Subject; to eafe whom, and to inure the Soldiers to a War-like Manner of Living, the King caufed his Army to lie encamped on Hounlow-Heath, a good part of this Summer, as he did alfo every Summer after, all his Reign. June 21. Mr. Samuel Johnfon, Clerk, was tried at the King's Bench Bar upon an Information of High Mifdemeanor, for writing and pub. lifhing two Libels, of which he was found Guilty; and on the 16th of November following was fentenced to land in the Pillory, to be whipt from Newgate to Tyburn, and belides, fined 500 Marks, and to lie in Prifon till it is paid. July 17, the Earl of Powis, the Lord Arundel of Wardour, the Lord Bellafis, and the Lord Dover, all Roman Catholicks, were fworn of the King's Privy-Council. The King having named Dr. Cartwright Dean of Rippon, and Dr. Parker Archdeacon of Canterbu ry, to fucceed the eminently learned and pious Dr. Pearfon, and Dr. Fell, deceased, in the Bishopricks of Chester and Oxford, they were accordingly confecrated on the 17th of October. The King, that he might demonftrate his Refpect to the Church and Court of Rome, was pleafed to fend the Earl Castlemaine Ambassador to the Pope, where he made a very fplendid Entry, and was received with much Affection. The Pope, in return, fent a Nuncio to the King, Count Dada, who made his publick Entry at Windfor, and refided here, in that Quality, all the rest of his Reign. The King was very uneafy under the Retraint of the Teft. &t, by which Roman Catholicks were excluded from all Places of Truft, and made it his great Study to get over it; in order to which, a Propofition was farted, and very ftrenuously argued in Pamphlets, That the King, in cafe of Necefity, had a Power of difpenfing with Laws; and that he was Judge of that Neceffity. This was brought into Westminster-Hall, and caufed to be declared for Law in the following Manner; An Action was this Trinity-Term, brought by one Godden against Sir Edw. Hiles, for holding the Place of Governor of Dover Castle without qualifying himself according to Law by taking the Teft, &c. to which he pleaded the King's Dif penfation; the Validity of which being difputed, it was referred to a fpecial Verdict; and the Judges be. ing confulted, they did all, except one, Mr. Justice Street, agree in the following Judgment, viz. 1. That the King is an Independent Prince. 2. That the Laws are the King's Larus. 3. That the Kings of England have Power to difpenfe with Penal Lars, if Neceffity require. 4. That they are. Judges and Arbitrators, and have Power to judge of the Neceffity, which may induce them to make use of thefe Difpenfations. And lastly, That the Kings of Eng land cannot renounce the Prerogatives annexed to the Crown. And thus all the Laws made for the Security of the Subjects Liberty ever fince the Conqueft, were at once declared of no Force; for fince thofe reftrained the Prerogative that WilX 2 liam 1686. 1686. liam and his Succeffors fometime had, and fince the Kings could not renounce that Prerogative, the Nation of confequence was reduced into a conquered State. But to do Juftice to the Gentlemen of the Long Robe, it was with fome Difficulty that the Judgment was obtained, most of the old Judges having been removed in order to it. From hence we muft date King James's Ruin, and the Nation's Mifery. 'Twas this extravagant Judgment that gave the Pretence of Law to, and fo encouraged the executing of the moft illegal Actions. Council, and the Bifhops of Darham and Rochefter, and Lord Chief Juftice Herbert, Commiffioners for infpecting all Eeclefiaftical Matters; with Power to punish, by all manner of Ecclefiaftical Penalties and Cenfures, all Matters and Things punishable by the Ecclefiaftical Laws. Alfo to vifit the Univerfities, Cathedral, Collegiate, and Parifa Churches, Schools, Hofpitals, and other Houfes under Ecclefiaftical Jurifdiction; and Authority to make new Laws, and abolish the old Conftitutions, notwithstanding any Rights, Privileges, or Exemptions whatfoever. And all their Acts to pafs under their peculiar Seal. But the Lord Archbishop of Canterbury refused to fit, or be concerned in it. So a new Commiflion was iffued, wherein the Lord Chief Justice Wright was inferted. The firft remarkable Caufe that came before thefe Commiffioners was that of the Bishop of London, upon account of Dr. Sharp. The Popish Priefts, in order to the gaining of Profelytes, daily publifhed Pamphlets and Sermons, in which they dreffed up their Religion in the moft plaufible outfide they could invent, by palliating the uncouth Doctrines of Adoration of Images, Plenary Indulgences, Tranfubftantiation, &c. perfuading the Proteftants they were much mifreprefented; and exerted their utmoft Stock of Learning to defend their The Bishop of London, when the Catholicifm. But all their Argu- difpenfing Power in the laft Seffion ments were quite baffled by the of Parliament was under Debate, Clergy of the Church of England, made a pretty smart Speech against who moft ingenioufly and learnedly it; which the Papists watched an defended her Doctrines, in the Books Opportunity to revenge; and there and Sermons they wrote in anfwer fore made ufe of the following Preto those of their Adverfaries. So text. that the Papifts finding they could not conquer the Clergy by their Pens, were refolved to do it by their Power. To which Purpose they perfuaded the King to fet up a Court for infpecting Ecclefiaftical Affairs. By whofe Power they thought to curb the English Clergy at their Pleasure. Accordingly at the latter end of this Summer, a Commiffion paffed the Great-Seal, to conftitute the Lord Archbishop of Canterbury, the Lord Chancellor, the Earl of Rochefter, Lord High-Treasurer; the Lord Sunderland, Preûdent of the Dr. Sharp, then Rector of St. Giles's afterwards Lord Archbishop of York, had in a Sermon uttered font Words against Popery, which feme bufy Popish Emiffary immediate carried to Court with all imagi nable Aggravations; fo that the King took Offence at it, and wo pleated to fend to the Bishop of Le don, commanding him forthwith to fufpend Dr. Sharp from preach ing in his Diocefe, till Satisfaction was given. The Bishop in Antwer wrote a Letter to the Lord Sander land, and fent it by Dr. Sharp, wherein he expreffed his Readiness to yield Obedience to the King in all Things that he could do with a fafe Confcience. That in this he could not comply, till he had heard the Doctor's Defence. That he had inform'd the Doctor of the King's Difpleasure, and found him ready to give all Satisfaction to his Majefty; to which Purpofe he made him the Bearer of this Letter, in hope that, being introduced to the King's Prefence, he might have an Opportunity to clear himfelf: But the Doctor could not gain Admittance, nor the Bishop get an Answer. The Doctor therefore drew up a Petition to the King, wherein, with all Humility, he expreffed his Sorrow for having fallen under his Difpleasure, That he bad always been careful not to utter any thing that might any ways tend to the Disturbance of his Majefty's Government; however, if any thing had unwarily flipt from him, that had given his Majefly Offence, he was beartily forry; that he had no ill Intentions in it, and would hereafter be more careful of his Duty; and that be had, in Compliance to the King's Command, abftained from all publick Exercife of his Function; and prayed bis Majefty to restore him to his Favour. This Petition the Doctor endeavoured to prefent to the King, but could by no Means gain Admittance. The Ecclefiaftical Commiffioners in the mean Time fent out their Citations to the Bishop of London to appear before them. Accordingly, on the 4th of Auguft, the Bifhop appeared, where the Lord Chancellor Jefferies asked him, why he did not fufpend Dr. Sharp, when the King commanded him fo to do? and told him it was for preaching feditiously, and against the Government. The Bishop anfwered, That if he had done amis, it was not a wilful Fault; that he had taken the best Advice he could get, On the 24th of August, the Bifhop of London appeared before the Ecclefiaftical Commiffioners, where after a fhort Apology, he fa his Council told him, That their Proceedings in the Court were directly contrary to Law, and were ready to plead it. But the Chancellor told him, they were fatisfied of the Lega lity of their Commiffion, and therefore would not hear his Council. Then the Bishop urged, That their Commiffion did not extend to the Faults laid to his Charge; for they were to cenfure Faults which fhail be committed; but this was before the Date of their Commiffion; but this was over-rui'd. Then the Bishop protesting in his own Right to the Laws of the Realm as a Subject, and to the Rights and Privileges of the Church as a Bishop, gave in his Anfwer, and Dr. Sharp's Petition, which he had endeavoured to deliver to the King. The Answer contained only the King's Letter to the Bishop, and the Bishop's Letter to the Earl of Sunderland, beforementioned. Which being read, the Chancellor asked if he had any more to fay. The Bishop then defired his Council might be heard, which was granted, and they were called in, being four Doctors of the Civil Law. Thefe pleaded, That the King's Letter did not mention the particular Caufe, that the Bishop could not abfolutely fufpend the Doctor without Proof of fuch Crime 1686. 1686. as the Laws dire&t: That there was House Door. Talbot, a Roman Catholick, now made Earl of Tyrconnel, whom the King appointed to enjoy the Charge; and accordingly, about the Middle of February, the Earl of Clarendon delivered up the Sword of State to him, and foon after departed for England. On the 2d of February the Lady Anna Sophia, and on the 8th, the Lady Mary, Daughters to the Princefs of Denmark, both departed this Life. The King was now pleased to exert the Power of difpenfing with the Execution of Penal Laws, in granting a Toleration of all Religions, notwithstanding the Laws to the contrary; but he began first with Scotland, whi her he fent a Declaration for Liberty of Con.cience, which he commanded the Council to publish. The Subitance of which was : ་ 6 That all the Disturbances that have happened of late Years, cw'd 'their Rife to the Differences in Religion, which he thought fit to obviate, by uniting his Subjects Affections to God and himie f in Religion and Loyaly; to which Purpofe he granted a Toleration for Religion by Virtue of his Prerogative and Abfolute Power, to all moderate Presbyterians, Qui 'kers, Roman Catholicks, ENA provided they would meet in Hea ies, and forbear preaching Se dition, &c. Alfo, that all Laws against Roman Catholicks be i pended; and that they be free, not only in the Exercife of Relig on, but in the Enjoyment of Of 'fices and Places, notwithstanding their refufing the Oaths; and o The Lord Clarendon, as you have that End, all Oaths which incapa heard, was made Lord Deputy ofcitate any of the King's Subjects Ireland in Dec. 1685, where he had from ferving him, were hereby governed to the great Satisfaction of the Subjects of that Kingdom; however, was ordered to refign to Col. And the Bishops of Durham, Rochefter, and Peterborough, were appointed to officiate during the Sufpenfion, which lafted till the Approach of the Revolution. On the 8th of October the Parliament was by Proclamation prorogued to the 15th of February, and on the 7th of January, they were again prorogued to the 28th of April. annulled. And further, an Indem nity was granted to all Romar. Catholicks that had incured the • Penaky Which Declaration was accordingly published: And the Council fent an Account of the fame to the King, with an Affurance of their firm Adherence to him, and Thanks for his Promife of protecting the Church as by Law eftablished. In Ireland the Proteftant Party were very much grieved at the Change of their Government. The new Lord Deputy, by his being a Romanist, made that Party very brisk, and gave the Proteftants great Ditrufts and Jealoufies; to allay which, a Proclamation was published at Dublin on the 21ft of February, by the Lord Deputy and Council, to affure the People, that notwithstanding the Endeavours of difaffected Perfons to perfuade them to the contrary, his Majetty refolved to govern them by him, according to Law, and in the quiet Poffeffion of all their Rights and Privileges. But for all thefe fair Promiles, the Proteftants fared very hardly all this King's Reign; all Offices of Power and Profit being given to the Irish Papifts, they infulted over them as they pleased, infomuch that great Numbers of the wealthier Sort left the Kingdom, remembring the barbarous Cruelty thefe Sort of Men had formerly exercifed there. In England, about this Time, were feveral Promotions made, Mr. James Fitz-James, the King's natural Son, who had all along been privately educated in Italy, and came over to England the last Year, was on the 11th of March created Duke of Berwick, Earl of Tinmouth, and Baron of Bofworth., The Earl of Porvis was made Marquifs of Powis. The Lord Arundel of Wardour was conftituted Keeper. of the Privy Seal; and the Lord. Thomas Howard Mafter of his Majefty's Robes. On the 18th of March, the King in Council declared his Design of farther proroguing the Parliament.. which was accordingly by Proclamation prorogued to the 22d of. November. At the fame Time the King declared his Refolution to grant Liberty of Confcience to all Diffenters. And the Attorney and Solli-, citor General were ordered not to permit any Procefs to be iffued againft any Diffenter whatsoever. On the 4th of April, the King's Declaration for Liberty of Confcience was published, containing in Subftance, That the King was willing to unite his Subjects to him, by Inclination as well as Duty; which he thought could by no Means fo effectually be done, as by granting to all the free Exercife of their Religion; and tho' he could not but with, that all his Subjects were Members of the Catholicė Church, yet he declared, it had always been his Opinion, That Confcience ought not to be conftrained, the contrary having been the Occafion of the Deftruction of Trade, depopulating Countries, and the Difcouragement of Strangers. Wherefore he did in the firit Place declare, That he would protect the Church of England in the free Exercife of their Religi on, and the quiet Erjoyment of X X 4 : all 1686. |