Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	kingdom_n	law_n	parliament_n	3,975	5	6.2994	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

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

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

given upon the doing of it For there Sir Robert Sawyer has laid the Foundation of his distinction and if that shall draw any person under a Commitment then say I in my Judgment wherever there is a seditious Libel there is that which is an actual breach of the Peace for I am sure there is that which is sufficient to require Sureties of the Peace I controvert not the right of the Peers one way or other but only declare my opinion That this is a fact that comes within the Rule laid down by them That what will require Sureties of the Peace is a breach of the Peace Mr. Iust. Holloway God forbid that in a Case of this Nature any one should take upon him here to say that every Misdemeanour were a breach of the Peace I say not so but certainly there are some such Misdemeanours as are breaches of the Peace and if here be such a Misdemeanour before us then it is acknowledged that even in Parliament time a priviledged person might be Committed for it For in Treason Felony and breach of the Peace priviledge does not hold I will not take upon me as my Brother said to determine concerning the priviledge of the Peers it is not of our Cognizance nor have we any thing to do either to enlarge or confine priviledge nor do we determine whether this be such a Libel as is charged in the Information that will come in question another time but certainly as this Case is the Information ought to be read and my Lords ought to appear and plead to it Ld. Ch. Iust. Certainly we are all of us here as tender of the priviledges of Peers as any in the World can be and as tender as we would be and ought to be in trying any man's right it becomes us to do it with great respect and regard to my Lords the Bishops and therefore I would be as careful if that were the question before me to consider very well before I give my opinion as ever I was in my life But when I see there can come no mischief at all to the priviledges of the Peers by what is agreed on all hands I think I may very justly give my opinion for here is the question Whether the fact charged in the Warrant be such a Misdemeanour as is a breach of the Peace and the words of the Warrant which is now upon the Record being such as have been recited I cannot but think it is such a Misdemeanour as would have required Sureties of the Peace and if Sureties were not given a Commitment might follow and therefore I think the Information must be read Mr. Attor Gen. We pray the Clerk may read it Clerk reads Middlesex ss Memorand That Sir Thomas Powys Knight Attorney General of our Lord the KING who for our said Lord the KING in this behalf Sues comes in his own person here into the Court of our said Lord the KING before the KING Himself at Westminster on Friday next after the morrow of the Holy Trinity in this Term and for our said Lord the KING gives the Court here to understand and be informed that our said Sovereign Lord the KING out of His Signal Clemency Mr. Soll. Gen. Read it as it is in Latin. Bish. of Peterborough My Lord We desire it may be read in English for we don't understand Law-Latin Mr. Soll. Gen. No my Lords the Bishops are very learned Men we all know pray read it in Latin. Clerk reads Memorundum Quod Thomas Powys Miles Attornatus Domini Regis nunc Generalis qui pro eodem Domino Rege in hac parte sequitur in propr●…a Persona sua venit hic in Curia dict' Domini Regis coram ipso Rege apud Westmonasterium Die Veneris proxime post crastinum Sanctae Trinitatis isto eodem ●…ermino pro eodem Domino Rege Dat Curiae hic intelligi informari quod dictus Dominus Rex nunc ex insigni Clementia benigna Intentione suis erga Subd●…os su●…s Regni ●…ui Angliae per Regiam suam Praerogativam quarto Die Aprilis Anno Regni Dict' Domini Regis nunc Tertio apud Westmonasterium in Comitatu Middlesexiae Declarationem suam Intitulatam His Majesties Gracious Declaration to all his Loving Subjects for Liberty of Conscience gerentem Datum eisdem Die Anno Magno Sigillo suo Ang●…ae Sigi●…dtim publicavit in qua quidem Declaratione continetur IAMES R. IT having pleased Almighty GOD not only to bring Us to the Imperial Crowns of these Kingdoms through the greatest difficulties but to preserve Us by a more than ordinary Providence upon the Throne of Our Royal Ancestors There is nothing now that We so earnestly desire as to Establish Our Government on such a Foundation as may make Our Subjects happy and Unite them to Us by Inclination as well as Duty which We think can be done by no means so effectually as by Granting to them the Free Exercise of their Reilgion for the time to come and add that to the perfect enjoyment of their property which has never been in any case invaded by Us since Our coming to the Crown which being the two things men value most shall ever be preserved in these Kingdoms during Our Reign over them as the truest methods of their Peace and Our Glory We cannot but heartily wish as it will easily be believed that all the People of Our Dominions were Members of the Catholick Church yet We humbly thank Almighty GOD it is and hath of long time been Our constant Sense and Opinion which upon diverse occasions We have declared that Conscience ought not to be constrained nor People forced in matters of meer Religion It has ever been directly contrary to Our Inclination as We think it is to the Interest of Government which it destroys by spoiling Trade depopulating Countries and discouraging Strangers and finally that it never obtained the end for which it was imployed And in this We are the more Co●…medi by the Reflections We have made upon the conduct of the four last Reigns For after all the frequent and pressing endeavours that were used in each of them to reduce this Kingdom to an exact Conformity in Religion it is visible the success has not answered the design And that the difficulty is invincible We therefore out of Our Princely Care and Affection unto all Our Loving Subjects that they may live at ease and quiet and for the increase of Trade and encouragement of Strangers have thought fit by Virtue of Our Royal Prerogative to issue forth this Our Declaration of Indulgence making no doubt of the Concurrence of Our two Houses of Parliament when we shall think it convenient for them to meet In the first place we do Declare that We will Protect and Maintain Our Arch-bishops Bishops and Clergy and all other Our Subjects of the Church of England in the Free Exercise of their Religion as by Law Established and in the quiet

long time been Our constant Sense and Opinion which upon divers occasions we have declared That Conscience ought not to be constrained nor People forced in matters of meer Religion It hath ever been directly contrary to Our Inclinations as We think it is to the Interest of Government which it destroys by spoiling Trade depopulating Countries and discouraging Strangers and finally that it never obtained the End for which it was employed And in this we are the more confirmed by the Reflections we have made upon the Conduct of the four last Reigns For after all the frequent and pressing Endeavours that were used in each of them to reduce this Kingdom to an exact Conformity in Religion it is visible the Success has not answered the Design and that the difficulty is invincible We therefore out of Our Princely Care and Affection unto all Our loving Subjects that they may live at ease and quiet and for the Increase of Trade and Encouragment of Strangers have thought fit by Vertue of Our Royal Prerogative to issue forth this Our Declaration of Indulgence making no doubt of the concurrence of Our two Houses of Parliament when We shall think it convenient for them to meet In the first place We do declare That We will protect and maintain Our Archbishops Bishops and Clergy and all other Our Subjects of the Church of England in the free Exercise of their Religion as by Law established and in the quiet and full Enjoyment of all their Possessions without any molestation or disturbance whatsoever We do likewise declare That it is Our Royal Will and Pleasure that from henceforth 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 And to the end that by the Liberty hereby granted the Peace and Security of Our Government in the Practice thereof may not be endangered We have thought fit and do hereby straitly charge and command all Our loving Subjects that as we do freely give them leave to meet and serve God after their own way and manner be it in private Houses or Places purposely hired or built for that use so that they take especial Care that nothing be preached or taught amongst them which may any ways tend to alienate the hearts of Our People from Us or Our Government And that their Meetings and Assemblies be Peaceably Openly and Publickly held and all Persons freely admitted to them and that they do signifie and make known to some One or more of the next Justice of the Peace what Place or Places they set apart for those Uses And that all our Subjects may enjoy such their Religious Assemblies with greater Assurance and Protection We have thought it requisite and do hereby Command that no disturbance of any kind be made or given unto them under Pain of our Displeasure and to be further proceeded against with the uttermost Severity And forasmuch as We are desirous to have the benefit of the Service of all our Loving Subjects which by the Law of Nature is inseparably annexed to and inherent in Our Royal Person and that none of our Subjects may for the future be under any discouragement or disability who are otherwise well inclined and fit to serve Us by reason of some Oaths o●… Tests that have been usually administred on such Occasions We do hereby further Declare That it is Our Royal Will and Pleasure That the Oaths commonly called the Oaths of Supremacy and Allegiance and also the several Tests and Declarations mentioned in the Acts of Parliament made in the 25th and 30th Years of the Reign of Our late Royal Brother King Charles the Second shall not at any time hereafter be required to be taken declared or subscribed by any Person or Persons whatsoever who is or shall be imployed in any Office or Place of Trust either Civil of Military under Us or in Our Government And We do further declare it to be Our Pleasure and Intention from time to time hereafter to grant Our Royal Dispensations under Our Great Seal to all Our Loving Subjects so to be employed who shall not take the said Oaths or subscribe or declare the said Tests or Declarations in the above mentioned Acts and every of them And to the end that all Our Loving Subjects may receive and enjoy the full benefit and advantage of Our Gracious Indulgence hereby intended and may be acquitted and discharged from all Pains Penalties Forfeitures and Disabilities by them or any of them incurred or forfeited or which they shall or may at any time hereafter be liable to for or by reason of their Nonconformity or the Exercise of their Religion and from all Suits Troubles or Disturbances for the same We do hereby give Our Free and Ample Pardon unto all Nonconformists Recusants and other Our Loving Subjects for all Crimes and things by them Committed or done contrary to the Penal Laws formerly made relating to Religion and the Profession or Exercise thereof hereby Declaring That this Our Royal Pardon and Indempnity shall be as good and effectual to all Intents and Purposes as if every individual Person had been therein particularly Named or had Particular Pardons under Our Great Seal Which We do likewise Declare shall from time to time be Granted unto any Person or Persons desiring the same Willing and requiring Our Judges Justices and other Officers to take notice of and obey Our Royal Will and Pleasure herein before Declared And although the Freedom and Assurance We have hereby given in Relation to Religion and Property might be sufficient to remove from the Minds of Our Loving Subjects all Fears and Jealousies in relation to either yet We have thought fit further to Declare That We will Maintain them in all their Properties and Possessions as well of Church and Abby Lands as in any other their Lands and Properties whatsoever Given at Our Court at Whitehall the 4th day of April 1687. in the Third Year of Our Reign Ever since We Granted this Indulgence We have made it Our Principal Care to see it preserved without distinction as We are encouraged to do dayly by Multitudes of Addresses and many other Assurances We receive from Our Subjects of all Perswasions as Testimonies of their Satisfaction and Duty the Effects of which We doubt not but the next Parliament will plainly shew and that it will not be in vain that We have resolved to use Our uttermost Endeavours to Establish Liberty of Conscience on such just and equal Foundations as will render it unalterable and secure to all People the free Exercise of their Religion for ever by which future Ages may reap the benefit of what is so undoubtedly for the general good of the

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

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