LU K. James grants a Tolerati on of Religion. about, as long as they were shelter'd thereby from the Oppreffions they lay under. The Church of England saw through all this Contrivance, and fear'd the Confequences. The Proteftant Diffenters were more pitied now in their feeming Profperity, than ever they had been in their real Adversity. Some that had been zealous before in putting the Penal Laws in Execution against them, did now fee their Error too late, and found they had been us'd but as Tools to prevent the Diffenters from uniting with the Church of England, whenever the common Danfhould come to threaten both. ger This Toleration could not fubfift, being contrary to the Establish'd Laws of the Realm, unless a new Monster was introduc'd to give it Life, under the Name of a Difpenfing Power. When King James came to affume to himself this Power as his Prerogative and Right, he unhindg'd the Conftitution all at once; for to dif pense with Laws already made, is as much a part of the Legislature, as the making of new ones. And therefore in arrogating to himself fuch a Difpenfing Power, he invaded the very Essence of the English Conftitution, by which the Le giflature giflature is lodg'd in King, Lords and Commons; and every one of them has a Negative upon the other two. And Charles II. was the firft King of England that ever aim d at any thing like a Difpenfing Power. In the Year 1662. he was prevail'd upon for fome Reasons 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. though in his Speech to the Parliament upon that occafion, he did in a manner acknowledge that he had no fuch Power, in faying, That if the Diffenters would demean themselves peaceably and modeftly, he could heartily wish he had fuch a Power of Indulgence to use upon occafion: Yet the Parliament was fo jealous of this Innovation, that they prefented the King with an Address against the Proclamation; and plainly told him, That he had no Power to difpenfe with the Laws without an Act of Parliament. King Charles made another Attempt of the like nature, in the Year 1672; and in a Speech to Both Houfes, did mention his Declaration of Indulgence, and acquainted them with the Reasons that induc'd him to it; telling them withal, O 3 how how little the Roman Catbolicks would be the better for it. Upon which the House of Commons made an Address to him for recalling this Declaration : Wherein they plainly told him, That in claiming a Power to difpenfe with Penal Laws, his Majefty had been very much misinform'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 Majesty, and his Two Houfes of Parliament. King Charles was fo far fatisfied in the matter contain'd in this Addrefs, that he immediately thereupon cancell'd his Declaration of Indulgence, and order'd the Seal to be torn off; and acquainted both Houfes, That he had done fo; with this further Declaration, which was enter'd upon Record in the House of Lords, That it should never be drawn into Example or Confequence. The next that attempted fuch a Difpenfing Power, though of a far larger Extent, was King James, as has been faid: And how any thing that look'd that way was relish'd by the House of Commons, does appear by their Address against against the Roman Catholick Officers; which also has been mention'd. fumes a difpenfing It was not enough for King James to And if affume this Difpenfing Power, and to act by it; but fuch was the Mifery and hard Power. Fate of England, that the Farty about the King would have had us believe, That a Power in the King to difpenfe with Laws, was Law. To maintain this MonStrous Pofition, there were not only Mercenary Pens fet a-work, but a Set of Judges found out, that to their Eternal Reproach, did all was poffible for them to compliment the King with the Liberties of their Countrey. For these Gentlemen gave it for Law, That the Kings of England are Sovereign Princes. That the Laws of England are the King s Laws. That therefore it's an incident infeparable Remain of the Sovereign Power and rerogative of the Kings of England, which never yet was taken from them, nor can be. Thus were we fallen under the greatest Misfortune that could poffibly happen to a Nation, To have our Laws and Conftitution trampled upon under colour of Law. And thote very Men, whofe Office it was to fupport them, became now the Betrayers of them to the Will of the Prince. This mighty Point being gain'd, or rather forc'd upon us, the Roman Catholicks were not wanting to make the best ufe of it for themselves. The free and open Exercise of their Religion was fet up every where, and efuit Schools and Seminaries erected in the most confidera ble Towns. The Church of England had now but a precarious Title to the National Church, and Romish Candidates had fwallow d up its Preferments and Dignities already in their Hopes. Romish Bifhops were publickly Confecrated in the Royal Chappel, and dispatch'd down to exercise their Episcopal Function in their respective Dioceffes. Their Paftoral Letters, directed to the Lay Catholicks of England, were openly difpers'd up and down, |