were, through various causes, rendered in It appears, indeed, by Grey's Parliamentary Debates, that this declaration was warmly debated and greatly opposed in the house; even by such as were foes to persecution, on account of the dispensing power on which it was founded. Mr. Powle "would comply with the king to do, in a legal way, as now the declaration did in an illegal. He conceived, if the king can dispense with all penal laws; he may dispense with all laws with a non obstante.The consequence of this," said he, "is direful: the king, by this, may change religion as he pleases: we are confident of him, but know not what succession may be." The majority of the house, being of like sentiments, concurred in an address, Feb. 14th following; in which they say, "we find ourselves bound in duty to inform your majesty, that penal statutes, in matters ecclesiastical, cannot be suspended but by act of parliament." -The king was not well pleased with this address, but seemed to insist on his dispensing power. The commons, notwithstanding, being fixed; and a supply for his majesty under consideration; he at length told both houses," that if there was any scruple remained yet with them, concerning the suspension of penal laws; he faithfully promised them, that what had been done in that particular, should not, for the future, be drawn into consequence or example "." Thus was the indulgence quashed. But as the commons now were not averse to a legal toleration, they "resolved, upon the question, nemine contradicente, that a bill be brought in for the ease of his majesty's subjects that are dis Grey's Parliamentary Debates, vol. II. p. 15. March, 1672. ⚫ Journal, 8th effectual for the purposes intended. During senters, in matters of religion, from the church of England." A bill, after long deliberation, was framed; and being read, it was resolved, 19th March, 1672, O.S." that the bill do pass; and Mr. Powle was to carry up the bill to the lords "." The lords proposed some amendments; and conferences were held between the houses: but it came to nothing. In 1680, the lords and commons passed a bill, intitled, "An act for the repeal of a statute made in the 25th year of queen Elizabeth, in order to give ease to the dissenters ";" but the court, being mad against them for their adherence to the interest of their country and their activity in opposing the destructive schemes then on foot, by an almost unheard-of trick, got the bill stole from the table, when it was, in course, to have received the royal assent. This was taken notice of, in the next parliament, by many very considerable members; and, among others, by Sir William Jones, who said, "This matter deserves material consideration; whether in respect of the loss of the bill, or the shaking the very constitution of parliament. The bill that is lost," continued he, " is of great moment; and of great use to secure the country, and, perhaps, their lives too, in the time of a popish successor. Those men that hindered the passing that bill, had a prospect of that; and if it be sent up again, we are like to meet with great opposition. But be the bill what it will, the precedent is of the highest consequence. The king has his negative to all bills; but I never knew that the clerk of the parliament had a negative, if he laid it aside, or not. But consider, if we send up many good bills, if this be not these transactions, the attention of the na searched into, we may be deprived of them. No man, that knows law or history, but can tell, that to bills grateful and popular the king gives his consent; but if this way be found out, that bills shall be thrown by, it may be hereafter said, they were forgotten and laid by; and so we shall never know whether the king would pass them or not. If this be suffered, it is in vain to spend time here, and it will be a great matter to find time to redress it. I move, therefore, that a message be sent to the lords for a conference, that some way may be found out to give us satisfaction in this great matter." A message, accordingly, was resolved to be sent to the lords, to desire a conference; and a committee appointed, to consider of and prepare the subject-matter to be offered at the said conference". But this, and every other thing in agitation in the house, was soon put an end to by the sudden dissolution of the parliament. After this, the penal laws, against the dissenters, were executed in their full rigour. As to the bills of comprehension, mentioned in the text, these were projected by Bridgman and Hale, assisted by Tillotson, Stillingfleet, and Burton, on the one hand; and by Bates, Manton, and Baxter, on the other. Their design was, by alterations and amendments, to take in as many as possible into the establishment, and give a toleration to all others who remained unsatisfied. But though more than one attempt was made; and times, under this reign, greatly varied; nothing was done to any purpose, through the zeal and bigotry of some of the ecclesiastics, who were alarmed at the least talk of such matters. * Grey's Parliamentary Debates, vol. VIII. p. 300. Mar. 1681. VOL. V. b Journal, 25 See Birch's Life of Tillotson, p. 42. 8vo. Lond. 1752. tion was drawn to the popish plot ", dis 15 The attention of the nation was drawn to the popish plot.] Never any thing made more noise than this affair: never any thing, perhaps, in the opinion of some persons, had less foundation. That I may be impartial, I will, however, consider the evidence for and against it with all the care that is in my power. The popish plot, it is to be observed, was founded, chiefly, on the testimony of Titus Oates; though afterwards supported by that of several other persons. Now if he himself was a man unworthy of belief, or the testimony given by him false or incredible, it is very certain, no regard ought to have been paid unto him. 1. Oates himself was a bad man. Insincerity, in the profession of religion, is a proof of this: and Oates's insincerity is allowed by himself, and, as far as appears, without blushing, at the bar of the house of lords. "In the year (-76)," says he, "I was admitted into the service of the duke of Norfolk, as chaplain in his house; and there I came acquainted with one Bing, that was a priest in the house. And being acquainted with him, there came one Kemish very often to visit him, and one Singleton; who told me, that I should find that the protestant religion was upon its last leggs; and that it would become me, and all men of my coat (for then I professed myself a minister of the Church of England), to hasten betimes home to the Church of Rome. My lords, having had strong suspicions for some years before, of the great and apparent growth of popery, to satisfy my curiosity, I pretended some doubts in my mind. My lords, after some time had passed over, and I had had some conversation with these men, I found they were not men for my turn; covered by Oates, and supported, as it was because, being regular men, they were not men who had any great degree of learning. Afterwards, my lords, I met with one Hutchinson: I found him a saintlike man, or one that was religious for religions sake and him I found not for my turn neither; for, my lords, my design was to deal with their casuists, that is, those of the society. After that I had obtained the favour from him to have some conference with one of the society, I found they were the men for my turn; because I found they were the cunning politick men, and the men that could satisfy me. After that I had had some discourse with them, I pretended to be convinced by their arguments: and, my lords, after that I had thus acknowledged my conviction, I desired to be reconciled; and, accordingly, on Ash Wednesday, 167, I was reconciled "." -Burnet says, upon asking Oates, "What were the arguments that prevailed on him to change his religion, and to go over to the Church of Rome? he stood up, and laid his hand upon his breast, and said, 'God, and his holy angels, knew, that he had never changed; but that he had gone among them on purpose to betray them "." And, if he may be believed, betray them he did: for, the jesuits having given him ten pounds to carry letters to Madrid; he, by the way, broke up the letters, and afterwards revealed their contents ".". "He was moreover, according to Burnet, proud and ill-natured; haughty, but ignorant.He was once presented for perjury but he got to be chaplain to one of his majesty's ships, from which he was dismissed upon com b Vol. I. p. 423, * Stafford's Tryal, p. 25. fol. London, 1680-1. Narrative of the Plot, p. 2. fol. Lond. 1679. |