Clergy in 1687. Traytor, or Rebel, and a Villain. It would engage me to tranfcribe whole Volumes, if I fhould atteinpt to relate all the Outrages that were offer'd to the Proteftants under this Popih Adminiftration; and therefore I will only mention the following Particulars. The Priefts began to declare openly, that Severities the Tythes belong'd to them, and forbad their Peoagainst the Proteftant Ple, under the Pain of Damnation, to pay them to the Proteftant Incumbents. This palt afterwards into an Act of Parliament, by which not only all Tythes payable by Papifts, were given to their own Prietis, but likewife a way was found out to make the Popish Clergy capable of enjoying the Proteftant Tythes, which was thus: If a Proteftant happen'd to be poffefs'd of a Bithoprick, a Dignity, or other Living, he might not by this new Act Demand any Tythes or Ecclefiaftical Dues from any Ronan Catholicks; and as foon as his Preferment became Void by Death, Cetion or Abfence, a Popish Clergyman was put into his Place. The only great Nurtery of Piety and Learning in Ireland, is the Univerfity of Dublin, confitting of a Provoft, Seven Senior, and Nine Junior Fellows, and Seventy Scholars, who are partly maintain'd by a Yearly Salary out of the Exchequer. This Salary Tyrconnel fiopt on no other Pretence than their fcrupling to admit to a vacant Fellowthip, contrary to their Oaths, a vicious illiterate Man, who was a new Convert. Nor could his Excellency ever be prevail'd with to remove the Stop; and fo in effect he diffolv'd the Foundation, and thut up the Fountain of Knowledge and true Religion. About the fame Time Chrift - Church was taken from the Proteftants and given to the Roman Catho licks. To return to England: One would have thought, Character that the vigorous Oppofition the King had met of King the laft Setlions of Parliament, in his Defign of James's fetting up a difpenting Power, and establishing PoMinifiers. pery, would have been fufficient to deter him from that Dangerous, not to fay Chimerical, Attempt. And indeed it is not poflible to imagine, that a Prince rather Debonair and Good-natur'd, than either Haughty or Cruel, could have fallen into the 168%. Detire and Exercife of a Defpotick Power, and I forgot fo foon what he acknowledg'd himself in his Firft Speech to his Council, That the Laws of England were able to make a King as Great and Happy, as he could defire to be, if he had not been elevated by Flatterers, and Time-fervers; who not only in their Secret Whispers, but even in their loud Harangues from the Pulpit, delivered these in toxicating Affertions: That Monarchy and Hereditary Succeffion were by Divine Right; That the Legiflature was vefted in the Perfon of the Prince only, and the Two Houfes of Parliament, that of the Commons efpecially, inconfideralbe Parts of the Constitution; and That Kings had an unquestionable Power to difpence with Laws. What Prince could have with tood withitood the Temptation of grafping at Arbitrarinefs, and countenancing that Religion which feem'd most fubfervient to that End, in fo favourable a Juncture, when the reigning Part of the Nation was lull'd afleep by the Doctrine of Paffive Obedience and Non-refiftance? I will not endeavour to palliate the Faults committed by the unfortunate King James, which are fo palpable, that even a Jefuit Writer is forc'd to own them; but Truth obliges me to averr, that moft, if not all of them, are to be charg'd on his Ambitious and Jarring Minifters, and the afpiring Ecclefiafticks, both Proteftant and Romish, that were about him, Therefore to form a true Notion of King James's Government, and to know the very Springs of all his Actions, you must fet before your Eyes an Eafie, Credulous Prince, manag'd by a Light, Proud, Daring, Covetous Father Confeffor, who is himself govern'd by a Crafty, Diffembling, Defigning Statefman, and whofe Pernicious, Defpotick Deligns he firft adopts out of Vanity, and then makes his Mafter put in Execution out of Avarice. Add to these a Bold, Pushing, Upftart Chancellor ; a Set of Corrupt Judges; two or three Proteftant Bishops blindly devoted to the Will of the Prince, and fome few Honeft and Affectionate Courtiers rendred fufpicious by the rest. 1686. ters. King Charles II. towards the latter end of his Reign, being influenc'd by his Brother and the Popish Faction. begun to lay the Foundation of a Defpotick Government, by making Bargains with Corporations, or forcing them by his Quo-Warranto's, New Char- to Surrender their old Charters, and receive new ones from him; wherein, amongst other Reftritions, he referv'd a Power, that if they did not return fuch Members to reprefent them in Parliament, as pleas'd him, he would refume the Charters he granted them. He was fo well ferv'd in this Affair, both by Chief Justice Jeffreys, the Earl of Bath, and feveral other Zealous Courtiers, that in lefs than a Year's Time the Principal Cities and Towns of England, fuch as London, Canterbury, Exeter, Lincoln, Oxford, Colchester, Leicester, Bedford, Durham, Plimouth, Buckingham, Carlisle, Lancaster, &c. either by fair or forcible Means had fubmitted to his Pleasure. King James, fince his Advancement to the Throne, had follow'd the fame Method to introduce his Creatures into the Houfe of Commons; but nevertheless he found by the Proceedings of the laft Seffions, that the Spirit of Liberty, and a warm Zeal for the Laws and Priviledges of the Nation, were ftill prevailing in this Parliament. This Confideration oblig'd him to Prorogue it from time to time, till at laft he was advis'd to Diffolve* it. In the mean time, the Lord Jeffreys being made Lord High Chancellor of England, in the Room of the The King Lord Keeper North, (who died when Jeffreys Jets up a was at his Campaign in the Weft) things were Difpencing carried on towards Popery, and abfolute Monarchy, with all the Diligence and Heats Imaginable. To this End, His Majefty interrogated the old Judges, and before he would make any new ones, would enter into a Bargain with them, and engage 'em to fet up his Power of difpenfing with the Penal Laws and Tefts. The firft Man the King attempted to perfuade, was Sir Thomas Jones, who boggled very much at it, and at laft told the King plainly, He could not do it; the King anfwer'd, He would have twelve Judges of bis Opinion: To which Sir Thomas replied, July 2d, 1687. Power. Wel P. 196. replied, That poffibly he might find twelve Judges of 1686. bis Opinion, but would fearce find twelve Lawyers to n be fo. Not long after Sir Thomas Jones, Lord * April Chief Justice of the Common Pleas; William Monta- 21, 1686. gue, Efq; Lord Chief Baron of the Exchequer ; Sir Job Charleton, one of the Juftices of the CommonPleas, and Sir Edward Nevil, one of the Barous of the Exchequer had their Quietus,for refuting to comply with the Court; and Sir Henry Bedinfield, Sir Edward Atkins, Sir Edward Lutwyche, and Richard Heath, Efq; were preferr'd to their respective Places. The Toleration which King James defign'd to grant to all his Subjects, and of which the Papifts were chiefly to reap the Benefit; this Toleration, I fay, could not fubfift, being contrary to the eftablish'd Laws of the Realm, unless a more ille- wood's Megal Innovation was introduc'd to fupport it under moirs. the Name of a Difpenfing Power: therefore King &c. printed James affum'd this Power to himself, as his Prero- in 1700. gative and Right, whereby he invaded the very Effence of the English Conftitution, by which the Legislature is lodg'd in Kings, Lords and Commons; and every one of them has a Negative upon the other two. Charles II. was the firit King of England that ever aim'd at any thing like a Difpenfing Power. In the Year 1652. he was prevail'd upon, for fome Reafons of State, to iffue out a Proclamation, difpenfing with fome few things that related to the Act of Uniformity, but without the leaft Regard to Roman Catholicks. And tho' in Attempts his Speech to the Parliament upon that Occafion, towards a he did in a manner acknowledge, that he had no Dispensing fuch Power, in faying: That if the Diffenters Power. would demean themfelves peaceably and modestly, he could heartily wish he had fuch a Power of Indulgence to use upon Occafion; yet the Parliament was To Jealous of this Innovation, that they prefented the King with an Addrefs against the Proclamation; and plainly told him, That he had no Power to dif pence with the Laws, without an Act of Parliament. Notwithstanding this Remonftrance, King Charles made another Attempt in the Year 1672. and in a Speech to both Houfes, did mention his Declara E 4 tion 1686. tion of Indulgence, and acquainted them with the Reafons that induc'd him to it; telling them withal, how little the Roman Catholicks would be the better for it. Upon which the Houfe of Commons made an Address to his Majefty for recalling this Declaration; wherein they told him: That in claiming a Power to difpence with Penal Laws, His Majefty bad been very much mil-inform'd, fince no fuch Power was ever claim'd or exercis'd by any of his Predeceffors; and if it should be admitted, might tend to the interrupting of the free Courfe of the Laws, and altering the Legislative Power, which has always been acknowledg'd to refide in His Majefty and his two Houfes of Parliament. King Charles was fo far fatisfied in the Matter contained in this Addrefs, that he immediately cancell'd his Declaration of Indulgence, tore off the Seal himself, and acquainted both Houfes that he had done fo; with this further Declaration, which was enter'd upon Record in the Houfe of Lords; That it should never be drawn into Example or Confequence. A Such a Difpenfing Power King James arrogated to himself, though of a far larger Extent: And how any thing that look'd that way was relifh'd by the Houfe of Commons, appears by their Addrefs against the Popish Officers. Neither was it enough for King James to affume the Right and Exercife of this Power; but fuch was the Mifery of England, that the Party about him would have the Nation made to believe, That a Power in the King to difpence with Law, was Law. To maintain this monftrous Pofition, there were not only mercenary Pens fet at Work, but a fet of Judges found out, that to their Eternal Reproach, did all was poffible for them to Compliment the King with the Liberty of their Country. For thefe Gentlemen gave it for a general Rule in Law, upon a particular Military Cafe of Sir Edward Hales Firft, That the Laws of England are the King's Laws. Secondly, That therefore it is an incident, infeparable Prerogative of the King of England, as of all other Sovereign Princes, to difpence with all Penal Laws in parti cular |