Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	king_n	law_n	majesty_n	3,064	5	5.9700	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61601	The proceedings and tryal in the case of the most Reverend Father in God, William, Lord Archbishop of Canterbury and the Right Reverend Fathers in God, William, Lord Bishop of St. Asaph, Francis, Lord Bishop of Ely, John, Lord Bishop of Chichester, Thomas, Lord Bishop of Bath and Wells, Thomas, Lord Bishop of Peterborough, and Jonathan, Lord Bishop of Bristol, in the Court of Kings-Bench at Westminster in Trinity-term in the fourth year of the reign of King James the Second, Annoque Dom. 1688.	Sancroft, William, 1617-1693.; Lloyd, William, 1627-1717.; Turner, Francis, 1638?-1700.; Lake, John, 1624-1689.; Ken, Thomas, 1637-1711.; White, Thomas, 1628-1698.; Trelawny, Jonathan, Sir, 1650-1721.; England and Wales. Court of King's Bench.	1689 (1689)	Wing S564; ESTC R7827	217,926	148

there was nothing of Sedition nothing of Malice nothing of Scandal in it nothing of the Salt and Vinegar and Pepper that they have put into the Case We shall prove the Matters that I have open'd for our Defence and then I dare say your Lordship and the Jury will be of Opinion we have done nothing but our Duty Mr. Finch May it please your Lordship and you Gentlemen of the Jury This Information sets forth as you may observe upon opening it that the King having by his Royal Prerogative set forth his Declarations that have been read and made an Order of Council for the Reading the said Declarations in the Churches and that the Archbishop and Bishops should severally send them into their Diocesses to be read my Lords the Bishops that are the Defendants did consult and conspire together to diminish the Kingly Authority and Royal Prerogative of the King and his Power and Government in his Regal Prerogative in setting forth his Declaration and that in prosecution of that Conspiracy they did contrive as it was laid in the Information a malicious seditious scandalous false and feigned Libel under pretence of a Petition and so set forth the Petition and that they published the Petition in the presence of the King. To this Charge in the Information Not Guilty being pleaded the Evidence that hath been given for the King I know hath been observed by the Court and the Jury and I know will be taken into Consideration how far it does come up to the Proof of the Delivery of this Petition by my Lords the Bishops for all that was said till my Lord President was pleas'd to come was no Evidence of any Delivery at all and my Lord Pre●…dent's Evidence is that they were going to deliver a Petition but whether they did deliver it or did it not or what they did deliver he does not know This is all the Evidence that has been given for the King. But supposing now my Lord that there were room to presume that they had delivered this Petition set forth in the Information let us consider what the Question is between the King and my Lords the Bishops The Question is Whether they are guilty of Contriving to diminish the King's Regal Authority and Royal Prerogative in his Power and Government in setting forth this Declaration Whether they are guilty of the making and presenting a malicious seditious and scandalous Libel and whether they have published it as it is said in the Information in the King's Presence So that the Question is not now reduced to this Whether this Paper that is set forth in the Information was delivered to the King by my Lords the Bishops but whether they have made a malicious seditious and scandalous Libel with an Intent to diminish the King's Royal Prerogative and Kingly Authority And then if you Gentlemen should think that th●… is Evidence given sufficient to prove that my Lords the Bishops have delivered to the King that Paper which is set forth in the Information yet unless they have delivered a false malicious seditious and scandalous Libel unless they have published it to stir up Sedition in the Kingdom and unless they have contrived this by Conspiracy to diminish the King 's Royal Prerogative and Authority and that Power that is said to be i●… the King my Lords the Bishops are not guilty of this Accusation There are in this Declaration several Clauses which upon reading of the Information I am sure cannot but have been observed by you Gentlemen of the Jury and one special Clause hath been by the Council already opened to you and I shall not enlarge upon it My Lord This Petition that is thus delivered to the King if it be a Libel a scandalous and seditious Libel as the Information calls it it must be so either for the Matter of the Petition or for the Persons that deliver'd the Petition or for the manner of their presenting and delivering it But neither for the Matter nor for the Persons nor for the manner of presenting it is there any Endeavour to dim●…nish the King 's Royal Prerogative nor to stir up Sedition nor Reflection upon the King 's true Royal and Kingly Authority The Petition does humbly set forth to His Majesty that there having been such a Declaration and such an Order of Council they did humbly represent to His Majesty that they were not averse to any thing commanded them in that Order in respect to the just and due Obedience that they owed to the King nor in respect of their want of a due Tenderness to those Persons to whom the King had been pleased to shew his Tenderness but the Declaration being founded upon a Power of Dispensing which had been declared illegal in Parliament several times and particularly in the Years 1662 72 and 85. they did humbly beseech His Majesty they not being able to comply with his Command in that matter that he would not insist upon it Now my Lord Where is the Contrivance to diminish the King's Regal Authority and Royal Prerogative This is a Declaration founded upon a Power of Dispensing which undertakes to suspend all Laws Ecclesiastical whatsoever for not Coming to Church or not Receiving the Sacrament or any other Nonconformity to the Religion established or for or by reason of the Exercise of Religion in any manner whatsoever Ordering that the Execution of all those Laws be immediately suspended and they are thereby declared to be suspended as if the King had a Power to suspend at once all the Laws relating to the establish'd Religion and all the Laws that were made for the Security of our Reformation These are all suspended by His Majesty's Declaration as it is said in the Information by virtue of his Royal Prerogative and Power so to do Now my Lord I have always taken it with Submission that a Power to abrogate Laws is as much a part of the Legislature as a Power to make Laws A Power to lay Laws asleep and to suspend Laws is equal to a Power of Abrogating them for they are no longer in Being as Laws while they are so laid asleep or suspended And to abrogate all at once or to do it time after time is the same thing and both are equally parts of the Legislature My Lord In all the Education that I have had in all the small Knowledge of the Laws that I could attain to I could never yet hear of or learn that the Constitution of this Government in England was otherwise than thus That the whole Legislative Power is in the King Lords and Commons the King and his two Houses of Parliament But then If this Declaration be founded upon a part of the Legislature which must be by all Men acknowledged not to reside in the King alone but in the King Lords and Commons it cannot be a legal and true Power or Prerogative This my Lord has been attempted but in the last King's time it never was pretended till

Council and this is nothing but a Petition against an Order of Council and if there be an Order that commands my Lords the Bishops to do a thing that seems grievous to them surely they may beg of the King that he would not insist upon it And for this Matter they were so well satisfied about it and so far from thinking that it was any part of a Libel that they left it out of the Information and so have made a deformed and absurd Story of it without Head or Tall a Petition directed to no Body and for nothing it being without both Title and Prayer so that this is plain is was lawful to Petition Then my Lord the next Thing is the Reasons which my Lords the Bishops come to acquaint the King with why in Honour and Conscience they cannot comply with and give obedience to this Order and the Reasons my Lord are two The first Reason that is assigned is the several Declarations that have been in Parliament several of which are mentioned that such a Power to dispense with the Law is against Law and that it could not be done but by an Act of Parliament for that is the meaning of the word Illegal that has no other signification but unlawful the same word in point of signification with the word Illicitè which they have used in their Information a thing that cannot be done by Law and this they are pleased to tell the King not as declaring their own Judgments but what has been declared in Parliament though if they had done the former they being Peers of the Realm and Bishops of the Church are bound to understand the Laws especially when as I shall come to show you they are made Guardians of these Laws and if any thing go amiss and contrary to these Laws they ought to inform the King of it My Lord the next thing is Because it is a Thing of so great moment and the Consequences that will arise from their publishing of this Declaration and that too my Lord for the latter I shall begin first with there can be no Question about or any pretence that this is libellous or false for certainly it is a Case of the greatest Consequence to the whole Nation that ever was therefore it cannot be false or libellous to say so My Lord I would not mention this for I am loth to touch upon things of this Nature had not the Information it self made it the very Gift of the Charge for the Information if there be any thing in it says that it was to diminish the King's Prerogative and Regal Power in publishing that Declaration Now my Lord what the Consequence of this would be and what my Lords the Bishops meant by saying It was a Cause of great Moment will appear by considering that which is the main Clause in the Declaration at which my Lords the Bishops scrupled which is the main Stumbling-block to my Lords and has been to many honest Men besides and that is this We do likewise declare It is our Royal Will and Pleasure that from hence-forth the Execution of all and all manner of Penal Laws in Matters Ecclesiastical for not coming to Church or not receiving the Sacrament or for any other Nonconformity to the Religion Established or for or by Reason of the Exercise of Religion in any manner whatsoever be immediately suspended and the further execution of the said Penal Laws and every of them is hereby suspended Now my Lord this Clause either is of some legal ●…ect and Signification or it is not If Mr. Attorny or the King's Council do say it is of no Effect in Law then there is no harm done then this Petition does no ways impeach the King's Prerogative in saying it has been declared in Parliament according as the King's Counsel do agree the Law to be But my Lord if it have any Effect in Law and these Laws are suspended by virtue of this Clause in the Declaration then certainly my Lord it is of the most dismal Consequence that can be thought of and it behoved my Lords who are the Fathers of the Church humbly to represent it to the King. For my Lord by this Declaration and particularly by that Clause in it not only the Laws of our Reformation but all the Laws for the preservation of the Christian Religion in general are suspended and become of no force if there be such an Effect in Law wrought by this Declaration as is pretended that is that the Obligation of Obedience to them ceaseth the Reason of it is plain the words cannot admit of such a Quibble as to pretend that the Execution of the Law is not the Suspending of the Law and that the Suspending the Execution of the Law is not a Suspending of the Law for we all know the Execution of every Law in its primary Intent is Obedience to it that of the Penalty comes in by way of Punishment and Recompence for their Disobedience Now my Lord if this Declaration does dischar●… the King's Subjects from their Obedience to and the Obligation from those Laws then pray my Lord where are we Then all the Laws of the Reformation are suspended and the Laws of Christianity it self by those latter words 〈◊〉 or for or by reason of Religion in any manner whatsoever so that it is not confined to the Christian Religion but all other Religions are permitted under this Clause And thus all our Laws for keeping the Sabbath and which distinguish us from Heathens will be suspended too My Lord this is such an Inconvenience as I think I need name no more and it is a very natural Confequence from that Clause of the Declaration it discharges at once all Ministers and Clergy-men from performing their Duty in reading the Service of the Church it discharges their Hearers from attending upon that Service When a Law is suspended the Obligation thereof is taken away and those that before thought themselves bound to obey now conclude they are not so obliged and what a mischief that will be to the Church which is under the Care of my Lords the Bishops your Lordship will easily apprehend These things my Lord I only mention to shew the great and evil Consequences that apparently follow upon such a Declaration which made my Lords the Bishops decline obeying the Order and put them under a necessity of applying thus to the King to acquaint him with the Reasons why they could not comply with his Commands to read this Declaration to the People because the Consequences thereof were so great it tending naturally to lead the People into so great an Error as to believe those Law●… were not in Force when in Truth and Reality they are still in Force and continue to oblige them And that being the second Reason in this Petition I come next to consider it to wit th●… the Parliament had often declared this pretended Power to be Illegal and for that we shall read the several

it to be Law. Now we say This Declaration under the Great Seal is not agreeable to the Laws of the Land and that for this Reason Because it does at one Blow set aside all the Law we have in England My Lord If this be denied we must a little debate this matter for they are almost all Penal Laws not only those before the Reformation but since upon which the whole Government both in Church and State does in a great measure depend Especially my Lord in Matters of Religion they are all Penal Laws For by the Act of Uniformity which my Lords the Bishops are sworn to observe and adjured by an express Clause in the Act No Man is to preach unless he be Episcopally ordained no Man is to preach without a Licence If all this be set aside I confess then it will go very far into the whole Ecclesiastical Government If this be denied we are ready to argue that too L. C. I. They are to do so still Mr. Pollixfen My Lord I am sure the Consequence is otherwise if this Declaration signifie any thing And if it be the Will of the King my Lord the Will of the King is what the Law is If so be the King 's Will be not consonant to the Law it is not obliging My Lord The Cases that we have had of Dispensations are all so many strong Authorities against a general or particular Abrogation My Lord that is a Matter of Law which if it fall out to be any way doubtful it will be fit to have it debated and setled If they will say that the Penal Laws in Matters Ecclesiastical can be abrogated or nulled or made void pro tempore or for Life without the meeting of the King and People in Parliament I must confess they say a great thing as it is a Point of great Concern but I think that will not be said And all that has been ever said in any Case touching Dispensations proves quite the contrary and asserts what I affirm For Why should any Man go about to argue that the King may dispense with this or that particular Law if at once he can dispense with all the Law by an undoubted Prerogative This is a Point of Law which we insist upon and are ready to argue with them but we will go on with the rest of those things that we have offer'd And first we will read the Act of Uniformity made 1 Eliz. that Clause of it where they are so strictly charged to see to the Execution of that Law. This Act my Lord by the Act of Uniformity made in the Beginning of the late King's Reign is revived with all the Clauses in it relating to this Matter If then this be a Duty incumbent upon them and their Oaths require it of them and if they find that the Pleasure of the King in his Declaration is that which is not consonant to this Law what can they do Can any thing be more humble or done with a more Christian Mind than by way of Petition to inform the King in the Matter For I never thought it nor hath it ever sure been thought by any body else to be a Crime to petition the King For the King may be mistaken in the Law so our Books say and we every Day in Westminster-Hall argue against the King's Grants and say He is deceived in his Grants It is the great Benefit and Liberty which the King gives to his Subjects to argue the Legality or Illegality of his Grants My Lord When all this is done to make this to be a Libel by putting in the Words Malicious Seditious Scandalous and with an Intent to raise Sedition would be pretty hard My Lord We pray that Clause of the Statute may be read Mr. Soll. Gen. What for Mr. Pollixfen It is a general Law and therefore the Court will take notice of it and we pray the Jury may hear it read Mr. Soll. Gen. I agree it to be as Mr. Pollixfen has opened and I agree it to be as Sir Robert Sawyer has opened it Mr. S. Pemberton My Lord We shall put it upon a short Point My Lords the Bishops are here accused of a Crime of a very heinous nature as can be they are here branded and stigmatized by this Information as if they were seditious Libellers when my Lord it will in truth fall out that they have done no more than their Duty their Duty to God their Duty to the King and their Duty to the Church For in this Case that which we humbly offer to your Lordship and insist upon it as very plain is this That the Kings of England have no power to suspend or dispense with the Laws and Statutes of the Kingdom that establish our Religion That is it which we stand upon for our Defence And we say That such a Dispensing Power with Laws and Statutes is a thing that strikes at the very Foundation of all the Rights Liberties and Properties of the King's Subjects whatsoever If the King may suspend the Laws of the Land which concern our Religion I am sure there is no other Law but he may suspend And if the King may suspend all the Laws of the Kingdom what a Condition are all the Subjects in for their Lives Liberties and Properties All at Mercy My Lord The King 's Legal Prerogatives are as much for the Advantage of his Subjects as of himself and no Man goes about to speak against them But under pretence of Legal Prerogatives to extend the Power of the King to support a Prerogative that tends to the Destruction of all his Subjects their Religion and Liberties in that I think they do the King no Service who go about to do it But now we say with your Lordship's Favour that these Laws are the great Bulwark of the Reformed Religion they are in truth that which fenceth the Religion and Church of England and we have no other Humane Fence besides They were made upon a Fore-sight of the Mischief that had and might come by false Religions in this Kingdom and they were intended to defend the Nation against them and to keep them out particularly to keep out the Romish Religion which is the very worst of all Religions from prevailing among us and that is the very Design of the Act for the Tests which is intituled An Act to prevent Dangers that may happen from Popish Recusants My Lord If this Declaration should take effect what would be the End of it All Religions are let in let them be what they will Ranters Quakers and the like nay even the Roman Catholick Religion as they call it which was intended by these Acts of Parliament and by the Act of Uniformity and several other Acts to be kept out of this Nation as a Religion no way tolerable nor to be endured here If this Declaration take effect that Religion will stand upon the same Terms with the Protestant Religion Suspend those Laws and that Romish

the Noise of them in your several Countries and God be thanked they were but Noise without any worse Effects To cure the Distempers and compose the differing Minds that are yet amongst us I set forth my Declaration of the 26th of December In which you may see I am willing to set Bounds to the Hopes of some and to the Fears of others of which when you shall have examined well the Grounds I doubt not but I shall have your Concurrence therein The truth is I am in my Nature an Enemy to all Severity for Religion and Conscience how mistaken soever it be when it extends to Capital and Sanguinary Punishments which I am told were began in Popish Times Therefore when I say this I hope I ●…hall not need to warn any here not to inferr from thence that I mean to favour Popery I must confess to you there are many of that Profession who having served my Father and my self very well may fairly hope for some part in that Indulgence I would willingly afford to others who dissent from us But let me explain my self lest some mistake me herein as I heard they did in my Declaration I am far from meaning by this a Toleration or Qualifying them thereby to hold any Offices or Places of Trust in the Government Nay further I desire some Laws may be made to hinder the Growth and Progress of their Doctrine I hope you have all so good an Opinion of my Zeal for the Protestant Religion as I need not tell you I will not yield to any therein not to the Bishops themselves nor in my liking the Uniformity of it as it is now established which being the Standard of our Religion must be kept pure and uncorrupted free from all other Mixtures And yet if the Dissenters will demcan themselves peaceably and modestly under the Government I could heartily wish I had such a Power of Indulgence to use upon Occasion Sir Geo. Treby Pray Sir read that out distinctly Clerk reads I could heartily wish I had such a Power of indulgence to use upon Occasion as might not needlesly force them out of the Kingdom or staying here give them Cause to conspire against the peace of it My Lords and Gentlemen It would look like Flattering in me to tell you in what degree I am confident of your Wisdom and Affection in all things that relate to the Greatness and Prosperity of the Kingdom If you consider well what is best for us all I dare say we shall not disagree I have no more to say to you at present but once again to bid you heartily welcome Mr. Finch The next thing we shall shew you is that after the King had made this Speech and wished he had such a Power of Indulgence to use upon Occasion there was a Bill in the House of Lords brought in to enable the King to dispense with several Laws We shall shew you the Journal where it was Read and Committed but further than that it went not L. C. I. What Use do you make of this Mr. Finch Sir Rob. Sawyer You may easily apprehend the Use we shall make of it The King in his Speech says He wish'd he had such a Power the House of Lords thought he had not and therefore they order'd a Bill to be brought in to enable him Read the Journal of the Lords of the 13th of March 1662. Clerk reads Die Veneris XIII o die Martii 1662. After some Debate whether the House should be put into a Grand Committee for the further Debate of the Bill concerning His Majesty's Power in Ecclesiastical Affairs it was put to the Question viz. As many of your Lordships as would have this House adjourned and put into a Committee to consider of the said Bill say Content others Not Content Passed in the Affirmative And then the Lord Chamberlain of the Houshold was directed to take the Chair as formerly which he did accordingly And after Debate the House was resumed after the Grand Committee had appointed a Sub-Committee touching the said Bill Sir Rob. Sawyer This is all in the Journal of the House of Lords about this Matter We will now shew you the Bill it self Clerk reads An Act concerning His Majesty's Power in Ecclesiastical Affairs WHereas divers of His Majesty's Subjects through Error of Judgment and mis-guided Consciences whereunto the Licentiousness of these late unhappy Times have much contributed do not conform themselves to the Order of Divine Worship and Service established by Law and although His Majesty and both Houses of Parliament are fully satisfied that those Scruples of Conscience from whence this Nonconformity ariseth are ill grounded and that the Government of the Church with the Service thereof as now established is the best that is any where extant and most effectual to the Preservation of the Protestant Religion Yet hoping that Clemency and Indulgence may in time wear out those Prejudices and reduce the Dissenters to the Unity of the Church and considering that this Indulgence how necessary soevever cannot be dispensed by any certain Rule but must vary according to the Circumstances of Time and the Temper and Principles of those to whom it is to be granted and His Majesty being the best Judge when and to whom this Indulgence is to be dispensed or as may be most consistent with the publick Peace and without just Cause of Offence to others and to the end His Majesty may be enabled to exercise it with universal Satisfaction Be it Enacted by the King 's Most Excellent Majesty by Advice and with the Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority thereof That the King's Majesty may by Letters Patents under the Great Seal or by such other Ways as to His Majesty shall seem meet dispense with one Act or Law made the last Session of this present Parliament Intituled An Act for the Uniformity of Publick Prayers and Administration of the Sacraments and other Rites and Ceremonies and for Establishing the Form of Making and Ordaining and Consecrating Bishops Priests and Deueotis in the Church of England and with any other Laws or Statutes concerning the same or requiring Oaths or Subscriptions or which do enjoin Conformity to the Order Discipline and Worship established in this Church and the Penalties in the said Laws imposed or any of them And may grant ●…fences to such of His Majesty's Subjects of the protestant-Protestant-Religion of whose inoffensive and peaceable Disposition His Majesty shall be perswaded to enjoy and use the Exercise of their Religion and Worship though differing from the publick Rule the said Laws and Statutes or any Disabilities Incapacities or Penalties in them or any of them contained or any Matter or Thing to the contrary thereof notwithstanding Provided always and be it Enacted That no such Indulgence Licence or Dispensation hereby to be granted shall extend or be construed to extend to the Tolerating or Permitting the Use or

when I reflect what an inconsiderable number of men began it and how long they carried it on without any opposition I hope every body will be convinced that the Militia which hath hitherto been so much depended upon is not sufficient for such Occasions and that there is nothing but a good force of well disciplined Troops in constant pay that can defend us from such as either at home or abroad are disposed to disturb us And in truth my concern for the peace and quiet of my Subjects as well as for the safety of the Government made me think it necessary to increase the number to the proportion I have done this I owed as well to the honour as to the security of the Nation whose Reputation was so infinitely exposed unto all our Neigbours by having lain open to this late wretched Attempt that it is not to be repaired without keeping such a Body of Men on foot that none may ever have the thoughts again of finding us so miserably unprovided It is for the support of this great Charge which is now more than double to what it was that I ask your assistance in giving me a Supply answerable to the Expence it brings along with it And I cannot doubt but what I have begun so much for the honour and defence of the Government will be continued by you with all the chearfulness and readiness that is requisite for a Work of so great importance Let no man take Exception that there are some Officers in the Army not qualified according to the late Tests for their Imployments The Gentlemen I must tell you are most of them well known to me and having formerly served with me on several Occasions and always approved the Loyalty of their Principles by their Practices I think them fit now to be employed under me and will deal plainly with you that after having had the benefit of their Services in such time of need and danger I will neither expose them to disgrace nor my self to the want of them if there should he another Rebellion to make them necessary to me I am afraid some men may be so wicked to hope and expect that a difference may happen between you and me upon this Occasion but when you consider what advantages have risen to us in a few months by the good understanding we have hitherto had what wonderful effects it has already produced in the change of the whole scene of Affairs abroad so much more to the honour of the Nation and the figure it ought to make in the World and that nothing can hinder a further progress in this way to all our satisfactions but Fears and Jealousies amongst our selves I will not apprehend that such a misfortune can befall us as a Division or but a Coldness between me and you nor that any thing can shake you in your Steadiness and Loyalty to me who by God's blessing will ever make you all returns of kindness and protection with a Resolution to venture even my own Life in the defence of the true Interest of this Kingdom Sir Rob. Sawyer Turn to the Commons Journal the 16th of November 1685. The Journal of the House of Commons put in Clerk reads Die Lune xvi die Novemb. 1685. Most Gracious Sovereign We your Majesty's most Loyal and Faithful Subiects the Commons in Parliament assembled do in the first place as in duty bound return your Majesty our most humble and hearty thanks for your great care and conduct in the suppression of the late Rebellion which threatned the overthrow of this Government both in Church and State and the uttermost extirpation of our Religion by Law established which is most dear unto us and which your Majesty has been pleased to give us repeated assurances you will always defend and support which with all grateful hearts we shall ever acknowledg We further crave leave to acquaint your Majesty That we have with all duty and readiness taken into our consideration your Majesty's gracious Speech to us and as to that part of it relating to the Officers in the Army not qualified for their Imployment according to an Act of Parliament made in the 25th year of the Reign of your Majesty's Royal Brother of blessed memory Intituled An Act for preventing danger that may happen by Popish Recusants We do out of our bounden duty humbly represent unto your Majesty That those Officers cannot by Law be capable of their Imployments and that the Incapacities they bring upon themselves thereby can no ways be taken off but by Act of Parliament Therefore out of the great deference and duty we owe unto your Majesty who has been graciously pleased to take notice of their Services to you we are preparing a Bill to pass both Houses for your Royal Assent to indemnify them from the Penalties they have now incurred and because the continuance of them in their Employments may be taken to be a dispencing with that Law without Act of Parliament the consequence of which is of the greatest concern to the Rights of all your Majesty's Dutiful and Loyal Subjects and to all the Laws made for the security of their Religion We therefore the Knights Citizens and Burgesses of your Majesty's House of Commons do most humbly beseech your Majesty that you would be graciously pleased to give such directions therein that no Apprehensions or Iealousies may remain in the hearts of your Majesty's good and faithful Subjects Mr. Polixfen My Lord We pray that these half dozen lines of the Statute 1 Eliz. may be read A Statute-book was then produced by Mr. Ince L. C. J. No We will have it read out of our own Book which was delivered into Court. Clerk reads This is 1 Eliz. cap. 2. An Act for Uniformity of Religion c. Whereabout is it Mr. Ince 'T is the 15th Paragraph at these words And for the due execution c. Clerk Reads And for due Execution hereof the Queens most Excellent Majesty the Lords Spiritual and Temporal in this present Parliament Assembled do in Gods Name earnestly Require and Charge all the Archbishops Bishops and other Ordinaries that they shall endeavour themselves to the utmost of their knowledge that the due and true Execution hereof may be had throughout their Diocesses and Charges as they will answer before God for such Evils and Plagues wherewith Almighty God may justly punish his people for neglecting this good and wholsome Law. Mr. Serjeant Levinz No●… my Lord if your Lordship pleases the Charge is a Charge for a Libel and there are two things to be Considered First Whether the Bishops did deliver this Paper the King 〈◊〉 tha●… leave upon the Evidence that has been given 〈◊〉 〈◊〉 say them has been no direct proof of that In the next place Supposing they did deliver this Petition to the King Whether this be a Libel upon the Matter of it the manner of delivering it 〈◊〉 the Persons that did it And with submission my Lord this cannot

the County of Middlesex and therefore the Jury must find them not guilty Mr. Attor Gen. I 'le put you but one case my Lord a Man has an opportunity secretly to deliver a Libel into the King's hands when no Body is by and so there can be no proof of the delivery Mr. Iust. Powel 'T is a dangerous thing Mr. Attorney on the other side to convict People of Crimes without proof Mr. Attorney General But shall a Man be permitted thus to affront the King and there be no way to punish it Lord Chief Iustice. Yes there will sure but it will be a very strange thing if we should go and presume that these Lords did it when there is no sort of Evidence of it 't is that which I do assure you I cannot do we must proceed according to Evidence and forms and methods of Law they may think what they will of me but I always declare my mind according to my Conscience Mr. S. Trinder But as to that other point whether their owning of it be a publication has not been particularly spoke to Lord Chief Iustice. Mr. Attorney and Mr. Solicitor if there were enough to raise doubt in the Court so as to leave it to the Jury I would summ up the Evidence Mr. Solicit Gen. My Lord we know it is with the Court these Lords insisted upon it that it was a great while in their hands but it seems as far as our Evidence has gone hitherto their Confession went no farther than that it was their Paper and we must not extend their Confession further than it was but I think we shall offer a fair Evidence that they did deliver it in the County of Middlesex Lord Ch. Iust. Indeed indeed you ought to have gone to this Mr. Solicitor before the Court gave their Opinions Mr. Solicit Gen. Pray call Mr. Blathwayt again Mr. Blathwayt called Lord Ch. Iust. Mr. Solicitor unless you are sure that Mr. Blathwait is a Witness to the publication 't is but spending the Courts time to no purpos●… to call him Mr. Solicit Gen. We are sure of nothing my Lord but we must make use of our Witnesses according to our Instructions in our Briefs Then Mr. Blathwait appeared Mr. Attor Gen. Mr. Blathwait you were sworn before Mr. Blathwait Yes Sir. Mr. Attor Gen. Your were present when this Paper or Petition was dell vered by the King at the Council-Board Mr. Blathwait Yes I was so Sir. Mr. Attor Gen. Do you remember any thing of the Bishops acknowledging their delivery of it to the King. Mr. Sol. Gen. Mr. Blathwait I would ask you was there any mention or discourse with my Lords the Bishops how that Paper came into the King's hands was there any mention of what it was done for upon the account of Religion or how Mr. Blathwait I don't remember any thing of that Mr. Solicitor at which there was a great Laughter Lord Ch. Iust. Pray let us have no laughing it is not decent can't all this be done quietly without noise pray Mr. Blathwait let me ask you do you remember there was any discourse how that writing came into the Kings hands Mr. Blathwait I received it from the Kings hands and I know it was presented to him by my Lords the Bishops Lord Ch. Iust. How do you know it was presented to the King. Mr. Blathwait I heard the King say so several times Mr. Sol. Gen. Pray mind my question Sir first I ask you who produced the Paper at the Council-Table Mr. Blathwait The King. Mr. Sol. Gen. What said the Bishops when that Paper was shewed them Mr. Blathwait Then as I remember they were asked whether that was the Paper that they delivered to the King Mr. Sol. Gen. Then what said the Bishops Mr. Blathwait They at first scrupled to answer and they said it might be made use of to their prejudice if they owned it Mr. Att. Gen. Pray Mr. Blathwait consider again was that the question put to my Lords the Bishops whether that was the Paper that was presented by them to the King Mr. Blathwait I do think to the best of my remembrance that my Lord Chancellor did ask them to that purpose I cannot speak to the very words Mr. Sol. Gen. And upon this what answer did they make Mr. Blathwait My Lords the Bishops scrupled to answer the first and second time as I told you before but they did own it was the Petition that they presented to the King to the best of my remembrance Mr. Sol. Gen. Did the Archbishop do any thing to own it Mr. Blathwait Yes both my Lord Archbishop of Canterbury and the rest of the Bishops did own all the same thing Mr. Sol. Gen. Was this done at Whitehall Mr. Blathwait Yes at the Council-Table L. Ch. Iust. Pray recollect your self and consider what you say did they own that that was the Paper they delivered to the King Mr. Serj. Pemb. Pray my Lord give us leave to ask a question to clear this matter was the question put to them Whether it was the Paper that they delivered or whether it were their hands that were to it Mr. Blathwait My Lord I do not so exactly recollect the words L. Ch. Iust. But pray tell us if you can what the question was Mr. Blathwait My Lord I do not remember the very words but I think if Mr. Serjeant Pemberton be pleased to repeat his question I shall give him a satisfactory answer as well as I can Mr. Serj. Pemberton Sir that which I ask you is this Whether the question that was put to my Lords the Bishops at that time was Whether this was the Paper that they deliver'd to the King or whether those were their hands that was to it Mr. Blathwait My Lord I did always think that it was a plain Case that that was the Paper that they delivered to the King and my Lords the Bishops did never deny but that they gave it to the King and I had it from the King's hands L. Ch. Iust. But we must know from you if you can tell us what the question was that was put to my Lords the Bishops were they asked Whether those were their hands that were to that paper or was it Whether they delivered that paper to the King Mr. Blathwait As to the first part that they owned 't was their hands that I am sure of but as to the other I do not remember what the words were At which there was a great shout Mr. Att. Gen. Pray Mr. Blathwait recollect your self you say the King produced it Mr. Blathwait Yes Sir. Mr. Att. Gen. Do you remember that the King asked them any question upon the producing of it Mr. Blathwait My Lord Chancellor asked them if those were not their hands to the Petition Mr. Sol. Gen. Was there any other matter in discourse whether that was the paper that was delivered by them to the King Mr. Blathwait I cannot so positively say what were the words that my Lord

Religion that was intended to be prohibited and so much Care was taken and so many Statutes made to prohibit it will come in and all this Care and all those Statutes go for nothing This one Declaration sets them all out of doors and then that Religion stands upon equal Terms with the established Religion My Lord We say this farther that my Lords the Bishops have the Care of the Church by their very Function and Offices and are bound to take care to keep out all those false Religions that are prohibited and designed to be kept out by the Law. My Lords the Bishops finding this Declaration founded upon a meer pretended Power that had been continually opposed and rejected in Parliament could not comply with the King's Command to read it My Lord Such a Power to dispense with or suspend the Laws of a Nation cannot with any shadow of Reason be It is not long since that such a Power was ever pretended to by any but such as have the Legislative too for it is plain that such a Power must at least be equal to the Power that made the Laws To dispense with a Law must argue a Power greater or at least as great as that which made the Law. My Lord It has been often said in our Books That where the King's Subjects are concerned in Interest the King cannot suspend or dispense with a particular Law. But my Lord how can the King's Subjects be more concern'd in Interest than when their Religion lies at stake It has been resolved upon the Statute of Symony that where the Statute has disabled the Party to take there the King could not enable him against that Act of Parliament And shall it be said that by his Dispensation he shall enable one to hold an Office who is disabled by the Test-Act My Lord We say The Course of our Law allows no such Dispensation as this Declaration pretends to And he that is but meanly read in our Law must needs understand this That the Kings of England cannot suspend our Laws for that would be to set aside the Law of the Kingdom And then we might be clearly without any Laws if the King should please to suspend them 'T is true we say the last King Charles was prevailed upon by Mis-information to make a Dispensation somewhat of the nature of this though not so full an one for that dispensed only with some few Ceremonies and things of that nature But the House of Commons this taking Air in 1662. represent this to the King by a Petition And what is it that they do represent That he by his Dispensation has undertaken to do that which nothing but an Act of Parliament can do that is the dispensing with Penal Laws which is only to be done by Act of Parliament And thereupon it was thought fit upon the King's Account to bring in an Act for it in some Cases My Lord The King did then in his Speech to the Parliament which we use as a great Argument against this Dispensing Power say this That considering the Circumstances of the Nation he could wish with all his Heart that he had such a Power to dispense with some Laws in some Particulars And thereupon there was a Bill in order to an Act of Parliament brought in giving the King a Power to dispense but my Lord with a great many Qualifications Which shews plainly that it was taken by the Parliament that he had no Power to dispense with the Laws of himself My Lord Afterwards in 1672. the King was prevailed upon again to grant another Dispensation somewhat larger L. C. I. Brother Pemberton I would not interrupt you but we have heard of this over and over again already Mr. S. Pemberton Then since your Lordship is satisfied of these things as I presume you are else I should have gone on I have done my Lord. Mr. S. Levinz But my Lord we shall go a little higher than that and shew that it has been taken all along as the ancient Law of England that such Dispensations ought to be by the King and the Parliament and not by the King alone Mr. Soll. Gen. My Lord if you will admit every one of the Council to Speech it before they give their Evidence when shall we come to an End of this Cause We shall be here till Midnight L. C. I. They have no Mind to have an End of the Cause for they have kept it three Hours longer than they need to have done Mr. S. Pemberton My Lord This Case does require a great deal of Patience L. C. I. It does so Brother and the Court has had a greas deal of Patience But we must not sit here only to hear Speeches Mr. Att. Gen. Now after all their Speeches of two Hours long let them read any thing if they have it Sir Rob. Sawyer We will begin with the Record of Richard the Second Call William Fisher. William Fisher Clerk to Mr. Ince sworn L. C. I. What do you ask him Sir Rob. Sawyer Shew him that Copy of the Record The Record was then shewn him L. C. I. Where had you those Sir Mr. Fisher. Among the Records in the Tower. L. C. I. Are they true Copies Mr. Fisher. Yes my Lord. L. C. I. Did you examine them by the Record Mr. Fisher. Yes my Lord. Sir Rob. Sawyer Then hand them in put them in Clerk reads Ex Rotulo Parliamenti de Anno Regni Regis Richardi Secundi XV. No 1. My Lord It is written in French and I shall make but a bad Reading of it Sir Sam. Astrey Where is the Man that examin'd it Do you understand French Mr. Fisher. Yes my Lord. Sir Rob. Sawyer The Record is in another Hand than this they may easily read it Mr. Soll. Gen. Who copy'd this Paper Mr. Fisher. I did examine it Mr. Soll. Gen. What did you examine it with Mr. Fisher. I look'd upon that Copy and Mr. Halstead read the Record L. C. I. Young Man read out Fisher reads Vendredy Lande maine del Almes qu'estoit le primier jour Mr. Soll. Gen. Pray tell us what it is you would have read Mr. S. Levinz I 'll tell you what it is Mr. Sollicitor 'T is the Dispensation with the Statute of Provisors And the Act of Parliament does give the King a Power to dispense till such a time Mr. Soll. Gen. Don't you think the King's Prerogative is affirmed by many Acts of Parliament Mr. S. Levinz If the King could dispense without an Act of Parliament what need was there for the making of it Mr. Soll. Gen. Mr. Serjeant We are not to argue with you about that yet L. C. I. Read it in English for the Jury to understand it Mr. Fisher. My Lord I cannot undertake to read it so readily in English. Mr. I. Powel Why don't you produce the Records that are mentioned in the Petition those in King Charles the Second's time Mr. S. Levinz We will produce our Records in Order of Time as they

considered the nature of your Majesty's Declaration from Bredah and are humbly of opinion That your Majesty ought not to be pressed any further Because it is not a Promise in it self but only a Gracious Declaration of your Majesty's Intentions to do what in you lay and what a Parliament should advise your Majesty to do and no such Advice was ever given or thought fit to be offered nor could it be otherwise understood because there were Laws of Uniformity then in being which could not be dispenced with but by Act of Parliament Sir Rob. Sawyer This is all that we read this for your Lordship and the Jury see what is here declared by the Parliament That the Act of Uniformity could not be dispensed with without an Act of Parliament Next My Lord we shall shew you what was done in the Year 1672. Read the King's Speech the 5th of February 1672. The Journals of the Lords House were delivered in Clerk reads Die Mercurii 5. Febr. 1672. My Lords and Gentlemen I am glad to see you here this day I would have called you sooner together but that I was willing to ease you and the Country till there were an absolute necessity Since you were last here I have been forced to a most important necessary and expensive War and I make no doubt but you will give me suitable and effectual assistance to go through with it I refer you to my Declaration for the causes and indeed the necessity of this War and shall now only tell you That I might have digested the Indignities to my own Person rather than have brought it to this Extremity if the Interest as well as the Honour of the whole Kingdom had not been at stake and if I had omitted this Conjuncture perhaps I had not again ever met with the like advantage You will find that the last Supply that you gave me did not answer Expectation for the ends you gave it the payment of my Debts therefore I must in the next place recommend them again to your special Care. Some few days before I declared the War I put forth my Declaration for Indulgence to Dissenters and have hitherto found a good effect of it by securing my peace at home when I had war abroad There is one part in it that has been subject to Misconstructions which is that concerning the Papists as if more liberty was granted to them than to other Recusants when 't is plain there is less for the others have publick Places allowed them and I never intended that they should have any but only have the freedom of their Religion in their own Houses without any concourse of others and I could not grant them less than this when I had extended so much more Grace to others most of them having been loyal and in the service of me and the King my Father And in the whole course of this Indulgence I do not intend that it shall any way prejudice the Church but I will support its Rights and It in its full power Having said this I shall take it very ill to receive contradiction in what I have done and I will deal plainly with you I am resolved to stick to my Declaration There is one Jealousie more which is maliciously spread abroad and yet so weak and frivolous that I once thought it not of moment enough to mention but it may have gotten some ground with some well-minded people and that is That the Forces which I have raised in this War were designed to controul Law and Property I wish I had had more Forces the last Sommer the want of them then convinces me I must raise more against this next Spring and I do not doubt but you will consider the charge of them in your Supplies I will conclude with this assurance to you That I will preserve the true Reformed Protestant Religion and the Church as it is now Established in this Kingdom and that no Mans Property or Liberty shall ever be invaded I leave the rest to the Chancellor Mr. S. Pomb Now go to the Journal of the Commons of the 14th of February 1672. The Journal put in Clerk Reads Veneris xiiij die Februarii 1672. Mr. Powle Reports from the Committee appointed to prepare and draw up a Petition and Address to his Majesty The said Petition and Address which he read in his place and afterwards delivered the same in at the Clerks Table and the same being again twice read is as followeth viz. Most Gracious Sovereign We your Majesties most Loyal and Faithful Subjects the Commons Assembled in Parliament do in the first place as in all Duty bound return your Majesty our most humble and hearty Thanks for the many Gracious Promises and Assurances which your Majesty has several times during this Present Parliament given to us That your Majesty would Secure and Maintain unto us the true Reformed Protestant Religion our Liberties and Properties which most gracious Assurances your Majesty out of your great Goodness has been pleased to renew unto us more particularly at the Opening of this present Session of Parliament And further we crave leave humbly to represent That we have with all Duty and Expedition taken into our Consideration the several parts of your Majesties last Speech to us and withal the Declaration therein mentioned for Indulgence to Dissenters dated the 15th of March last And we find our selves bound in Duty to inform your Majesty That Penal Statutes in Matters Ecclesiastical cannot be Suspended but by Act of Parliament We therefore the Knights Cittizens and Burgesses of your Majesties House of Commons do most humbly beseech your Majesty That the said Laws may have their free Course until it shall be otherwise provided for by Act of Parliament And that your Majesty would graciously be pleased to give such Directions herein that no Apprehensions or Jealousies may remain in the Hearts of your Majesties good and faithful Subjects Resolved c. That this House doth agree with the Committee in the Petition and Address by them drawn up to be presented to his Majesty Sir Rob. Sawyer Now turn to the 24th of February 1672. in the same Book Clerk Reads Lunae 24th of February 1672. Mr. Secretary Coventry Reports and Presents in Writing from his Majesty his Answer to the humble Petition and Address of this House which was thrice read and the Matter debated and is as followeth viz. CHARLES R. HIS Majesty hath received an Address from you and he hath seriously considered of it and returns you this Answer That he is very much troubled that that Declaration which he put out for ends so necessary for the quiet of his Kingdom and especially in that Conjuncture should have proved the Cause of disquiet in his House of Commons and give occasion to the questioning of his Power in Ecclesiasticks which he finds not done in the Reigns of any of his Ancestors He is sure he never had thoughts of using it otherwise than as it hath been

intrusted in him to the Peace and Establishment of the Church of England and the ease of all his Subjects in general Neither does he pretend to the Right of Suspending any Laws wherein the Properties Rights or Liberties of any of his Subjects are concerned nor to alter any thing in the established Doctrine or Discipline of the Church of England But his only design in this was to take off the Penalties the Statutes inflicted upon Dissenters which he believes when well considered of you your selves would not wish executed according to the Rigour and Letter of the Law neither hath he done this with any thought of avoiding or precluding the Advice of his Parliament and if any Bill shall be offered which shall appear more proper to attain the aforesaid Ends and secure the Peace of the Church and Kingdom when tendred in due manner to him he will shew how readily he will Concur in all ways that shall appear good for the Kingdom Sir Rob. Sawyer Turn to the 26th of February 1672. Clerk read Die Mercurii xxij February 1672. Mr. Powle Reports from the Committee appointed to consider of an Answer to return to his Majesties last Message upon the debate of the House an Answer agreed by the Committee and drawn up and put into Writing which he read in his place and then delivered the same in at the Clerks Table where it was twice read and is as followeth viz. Most Gracious Sovereign WE your Majesties most Humble and Loyal Subjects the Knights Citizens and Burgesses in this present Parliament Assembled do render to your most Sacred Majesty our most dutiful Thanks for that to our unspeakable Comfort your Majesty has been pleased so often to reiterate unto us those gracious Promises and Assurances of maintaining the Religion now Established and the Liberties and Properties of your People and we do not in the least Measure doubt but that your Majesty had the same gracious Intention in giving Satisfaction to your Subjects by your Answer to our last Petition and Address Yet upon a serious Consideration thereof We find that the said Answer is not sufficient to clear the Apprehensions that may justly remain in the minds of your People by your Majesties having claimed a Power to suspend Penal Statutes in Matters Ecclesiastical and which your Majesty does still seem to assert in the said Answer to be intrusted in the Crown and never questioned in the Reigns of any of your Ancestors Wherein we humbly conceive your Majesty has been very much Misinformed Since no such Power ever was claimed or exercised by any of your Majesties Pred●…ssors and if it should be admitted might tend to the interrupting the free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in your Majesty and your two Houses of Parliament We therefore with an unanimous Consent become again most humble Suiters unto your Sacred Majesty That you would be pleased to give us a full and satisfactory Answer to our said Petition and Address and that your Majesty would take such effectual order that the Proceedings in this Matter may not for the future be drawn into Consequence or Example The Answer to his Majesties Message was again read by Paragraphs and the several Paragraphs to the last were upon the question severally agreed The last Paragraph being read and the Question being put that the Word unanimous should stand in the Paragraph The House divided The Noes go out Tellers Lord St. Iohn Mr. Vaughan for the Yeas 180. Sir Richard Temple Sir Philip Howard for the Noes 77. And so it was resolved in the Affirmative The Question being put to agree to the Paragraph it was resolved in the Affirmative Resolved c. That the whole Address be agreed to as it was brought in by the Committee Sir Rob. Sawyer Now turn to the Lords Journal and there your Lordship will see that the King does Communicate this Address to the Lords and desires their Advice Read the 1st of March 1672. Clerk reads Die Sabbati primo die Marcii 1672. His Majesty this Day made a short Speech as follows My Lords You know that at the Opening of this Session I spoke here to your Satisfaction it has notwithstanding begotten a greater disquiet in the House of Commons than I could have imagined I received an Address from them which I looked not for and I made them an Answer that ought to have contented them but on the contrary they have made me a Reply of such a nature that I cannot think fit to proceed any further in this Matter without your Advice I have commanded the Chancellor to acquaint you with all the Transactions wherein you will find both me and your selves highly concerned I am sensible for what relates to me and I assure you my Lords I am not less so for the Priviledg and the Honour of this House Afterwards the Lord Chancellor read the several Papers of Addresses of the House of Commons and his Majesties Answer thereunto and opened his Majesties proceedings upon them The Address of the House of Commons was read Sir Rob. Sawyer Pass over that you have read it already Clerk reads The next his Majesties Answer to the Address of the House of Commons was read as follows Sir Rob. Sawyer That hath been read too Clerk reads Then was read the Reply of the House of Commons to his Majesties Answer as followeth Mr. Finch You have read that likewise Clerk reads Upon this it is ordered that the Lord Treasurer Duke of Buckingham Earl of Bridgwater Earl of Northampton Earl of Bristol Earl of Berks Earl of Bullingbrook and the Earl of Anglesy do forthwith withdraw and consider what humble Thanks is fit to be given to his Majesty for his great Favour in communicating this Business to this House and report the same And accordingly the said Lords Committees did withdraw themselves for that purpose The Lords being returned the Duke of Buckingham reported what the Committee had prepared to present to his Majesty by way of Thanks which was read as followeth We the Lords Spiritual and Temporal in Parliament assembled do unanimously present to your Sacred Majesty Our most humble Thanks for having been pleased to Communicate to us what has passed between your Majesty and the House of Commons whereby you have graciously offered us the means of shewing our Duty to your Majesty and of asserting the Ancient Just Rights and Priviledges of the House of Peers The Question being put whether to agree with the Committee It was resolved in the Affirmative Ordered that his Majesty be desired that his Speech and the Papers read this day may be entred into the Journal Book of this House The Lord Treasurer the Duke of Buckingham and the Lord Chamberlain are appointed to attend his Majesty presently to know his pleasure what time and place this whole House shall wait upon him to present the humble Thanks of this House for his great Favour shewed this day

Exercise of the Popish or Roman Catholick Religion in this Kingdom nor to enable any Person or Persons to hold or exercise any Place or Office of publick Trust within this Kingdom who at the Beginning of this present Parliament were by the Laws and Statutes of this Realm disenabled thereunto nor to exempt any Person or Persons from such Penalties as are by Law to be inflicted upon such as shall publish or preach any thing to the Depravation or Derogation of the Book of Common Prayer or the Government Order and Ceremonies of the Church established by Law. Provided also and be it Enacted That no such Licence or Dispensation shall extend to make any Priest or Minister capable of any Ecclesiastical Living or Benefice with Cure who shall not before the Archbishop of the Province or Bishop of the Diocess where he lives make such Subscription to the Articles of Religion as is enjoined by the Statute of the 13th of Elizabeth made for Reformation of Disorders in the Church Nor shall extend or be construed to extend to dispense with the Book of Common Prayer But that the said Book shall be constantly read in all the Cathedral and Collegiate Churches and in all the Parish-Churches and publick Chapels Sir Rob. Sawyer Here your Lordship sees what the Lords did in this Matter We shall now shew you out of the Commons Journal what they did concerning this Speech of the King. Shew the Journal of the 25th of February 1662. Mr. Jodrell sworn L. C. I. Did you examine that Mr. Iodrell Mr Iodrell It is the Original Book The Book delivered into the Court. Clerk reads Die Mercurii XXV o die Februarii 15 Car. II. Resolved that it be presented Sir Rob. Sawyer You must begin above The House then took into Debate Clerk reads The House then took into Debate the Matter touching Indulgence to Dissenters from the Act of Uniformity The Question being put that the Present Debate be adjourned till To-Morrow Morning The House was divided The Yeas went out Sir Iohn Goodrick and Sir William Lowther Tellers for the Noes with the Noes 161. Sir Richard Temple and Sir Iohn Talbott Tellers for the Yeas with the Yeas 119. And so it passed in the Negative Resolved c. That it be presented to the King's Majesty as the humble Advice of this House That no Indulgence be granted to the Dissenters from the Act of Uniformity Mr. Soll. Gen. Does your Lordship think it to be Evidence L. C. I. Let them read it Mr. Sollicitor that we may hear what it is Clerk reads on Ordered that a Committee be appointed to collect and bring in the Reasons of this House for this Vote upon the present debate to be presented to his Majesty and that the nominating of the Committee be adjourned till to morrow morning Sir Rob. Sawyer That 's all Mr. S. G. Pray if there be any thing more read on you shall not parcel out a Record and take and leave what you will. Mr. Finch Did not you parcel out our Petition Mr. S. G. Read on If there be any thing about this matter Clerk. That is all Sir Rob. Sawyer Turn to the 27th of February 1662. Clerk reads Veneris xxvii Februarii xv Car II. Sir Heneage Finch reports from the Committee appointed to collect and bring in the Reasons of the House for their Vote of Advice to the King's Majesty and in the close of those Reasons to add That the House will assist his Majesty with their Lives and Fortunes and to pen an Address to his Majesty for that purpose the several Reasons and Address agreed by the Committee in writing he read in his place and did after bring up and deliver the same in at the Clerk's Table The First Paragraph was read and upon the question agreed to The Second Paragraph was read and upon the question agreed to The Third was read and upon the question agreed to Sir Rob. Sawyer Go over that and go to the Address it self Clerk reads May it please your most Excellent Majesty We your Majesty's most Dutiful and Loyal Subjects the Knights Citizens and Burgesses of the House of Commons in Parliament assembled having with all fidelity and obedience considered of the several matters comprised in your Majesty's late Gracious Declaration of the 26th of December last and your most Gracious Speech at the beginning of this present Session Do in the first place for our selves and in the names of all the Commons of England render unto your Sacred Majesty the tribute of our most hearty thanks for that infinite Grace and Goodness wherewith your Majesty hath been pleased to publish your Royal Intention of adhereing to your Act of Indempnity and Oblivion by a constant and religious observance of it and our hearts are further enlarged in these returns of Thanksgiving when we consider your Majesty's most Princely and Heroick profession of relying upon the Affections of your People and the abhorring all sorts of Military and Arbitrary Rule but above all we can never enough remember to the honour of your Majesty's Piety and our own unspeakable Comfort those solemn and most endearing Invitations of us your Majesty's Subjects to prepare Laws to be presented to your Majesty against the growth and increase of Popery and withal to provide more Laws against Licenciousness and Impiety at the same time declaring your own Resolutions for maintaining the Act of Uniformity and it becomes us always to acknowledg and admire your Majesty's Wisdom in this your Declaration whereby your Majesty is pleased to resolve not only by sumptuary Laws but by your own Royal Example of Frugality to restrain that excess in mens Expences which is grown so general and so exorbitant and to direct our endeavours to find out fit and proper Laws for advancement of Trade and Commerce After all this we most humbly beseech your Majesty to believe That it is with extreme unwillingness and reluctancy of heart that we are brought to differ from any thing which your Majesty hath thought fit to propose and though we do no ways doubt but that the unreasonable distempers of mens Spirits and the many Mutinies and Conspiracies which were carried on during the late intervals of Parliament did reasonably encline your Majesty to endeavour by your Declaration to give some allay to those ill humours till the Parliament assembled and the hopes of an Indulgence if the Parliament should consent to it especially seeing the Pretenders to this Indulgence did seem to make some title to it by vertue of your Majesty's Declaration from Bredah Nevertheless we your Majesty's most Dutifill and Loyal Subjects who are now returned to serve in Parliament from those several parts and places of your Kingdom for which we are chosen Do humbly offer it to your Majesty's great Wisedom that it is in no sort adviseable that there be any ' Indulgence to such persons who presume to ●…issent from the Act of Uniformity and Religion established for these Reasons We ha●…e