VIII. 1662. СНАР. "of 13 Eliz. c. 12., so he read and declare his as"sent to all the articles of religion, and the doc"trine of the sacraments comprised in the book of "articles in the said statute mentioned:" and to this assumption of authority, which passed unquestioned by the House of Commons, Clarendon subsequently referred as a performance of the King's promise. When, complying with the intolerance of the new Parliament, the King assented to the Bill of Uniformity, Clarendon appears to have still intended that he should endeavour to perform his promise by a further exercise of his dispensing power. The following expressions in his speech, in May, on the prorogation of Parliament, when the King assented to the Act of Uniformity, are scarcely susceptible of any other interpretation: "You have done your parts," said Lord Clarendon, addressing the two Houses of Parliament, "like good physicians, and made wholesome prescrip"tion for the constitution of your patients; well 66 knowing that the application of these remedies, the "execution of these sharp laws, depends upon the "wisdom of the most discerning, generous, and "merciful Prince, who, having had more experience "of the nature and humour of mankind than any 66. prince living, can best distinguish between the "tenderness of conscience and the pride of con"science; between the real effects of conscience "and the wicked pretences to conscience,—who, having fought with beasts at Ephesus,' knows "how to guard himself and the kingdom from the "assaults and violence of a strong, malicious, cor'rupted understanding and will, and how to se 66 "cure himself and the kingdom from the feeble CHAP. 66 66 traps and nets of deluded fancies and imagin"ations. In a word, a Prince of so excellent a "nature and tender a conscience himself, that he "hath the highest compassion for all errors of that kind, and will never suffer the weak to undergo "the punishment ordained for the wicked; and "knows and understands better than any man that "excellent rule of Quintilian, Est aliquid quod "non oportet, etiamsi licet; et aliud est jurà spec"tare, aliud justitiam.' So spake Lord Clarendon, who subsequently opposed the exercise of a power to which he had thus favourably adverted. After this period, therefore, it cannot be said that towards the Non-conformists his faith as a minister was maintained; and it becomes an important subject of inquiry, as regards the character of this statesman, what reason for the course which he pursued can be adduced in mitigation of censure. There was, indeed, a reason of no common weight; and it may be stated in few words. He became convinced of the existence of a design of applying this power to the encouragement of the Roman Catholics. He saw the seeds of that fatal scheme of establishing Popery, which was pursued through that and the succeeding reign, and ended in the expulsion of the House of Stuart. Our attention must be directed to the evidence of this design, its developement and progress, and its influence on the conduct and fortunes of Clarendon. * Parl. Hist. iv. 252. VIII. 1662. CHAP. IX. CHARLES'S SUSPECTED INCLINATION TO CATHOLICISM. -DIVI- IX. 1661. 1661-1663. CHAP. CHARLES was suspected, before the Restoration, of having secretly embraced Catholicism*: and though we may disbelieve the anecdote told by Carte, of his having been seen to attend mass†, or that a project for re-establishing Popery was seriously entertained at the treaty of the Pyrenees ‡, yet sufficient evidence will remain, joined to admissions which lurk in the cautious language of Clarendon§, to justify belief that he was then decidedly biassed in favour of that sect. For some time after the Restoration this secret disposition in the King does not appear to have alarmed the * Clar. State Papers, iii. 602. Carte's Letters, ii. 264. Kennet's History, iii. 237. Kennet's Register, 852. 66 minister. He did not oppose the King's wish to relieve that sect from the oppressive penal laws which at that time disgraced our statute book. "His gracious disposition towards them," says the historian, "did not then appear ungrateful to any. And then, upon an address made to the "House of Peers, in the name of the Roman Catholics, for some relaxation of those laws which "were still in force against them, the House of "Peers appointed that committee which is men"tioned before to examine and report all those 66 penal statutes which reached to the taking away "the life of any Roman Catholic, priest or layman, "for his religion; there not appearing one lord in "the House who seemed to be unwilling that "these laws should be repealed." Nothing but the existence of divisions among the Catholics appears to have deprived them of the benefit of an indulgence which neither the King nor the Parliament were indisposed to grant. The report of the committee being received, the House of Lords resolved to repeal the statutes which imposed the penalties of treason on Roman Catholic clergy found within the kingdom, of felony on those who harboured them, and of premunire on those who asserted the authority of the Pope; and also to repeal the atrocious statute De Heretico comburendo. But it was subsequently resolved, that from the benefits of an in * Life of Clarendon, ii. 108, 109. IX. 1662. CHAP. tended bill, thus favourable to the Roman Catholic clergy, all Jesuits should be excluded.* ΙΧ. 1662. This exception seemed to poison the proposed indulgence. Lukewarmness and divisions immediately ensued, effected either by the excluded Jesuits or by the Roman Catholic laity, who felt small interest in a measure by which they were not exempted, as recusants, from fine and forfeiture, and which, if they allowed it to be considered as a sufficient boon, might preclude the hope of further relief. The committee of Catholics, which had been for some time sitting at Arundel House, and had petitioned against the penalties to which they were exposed, discontinued their meetings; and the bill, which had been brought into the House of Lords, was suspended at the request of the Roman Catholic peers. † Still there was a growing persuasion of the King's leaning towards Popery,―a persuasion sufficient to induce the Parliament to make it penal to say that he was a Papist, or popishly affected. His determination not to marry a Protestant; his actual union with a Catholic Princess; the avowed conversion to Popery of his favourite, Lord Bristol, and of his mistress, Lady Castlemaine; and the appointment of *Burnet says, "the Earl of Clarendon set this on; for he knew "well it would divide the Papists among themselves." He does not give his authority for this statement, and the foreknowledge of a result by no means obvious, which he thus ascribes to Clarendon, is very questionable. Lords' Journals, June 10. 21. + Life of Clarendon, ii. 109-112. July 5. 16. Kennet's Register, 469. 476, 477. 484, 485. 495-499. Burnet, i. 335. |