Roman Catholick Physicians and Lawyers had incurr'd by his Acts of Parliament I have told you But what if I should now tell you how afterwards he did take care as it were unâ liturâ to delete the Execution of â—…ll the Penal Laws disabling ones and others against the Roman Catholicks and that as to what he did therein the most zealous Protestants among his Bishops and the Lords Temporal and others of his Privy Council did concur with him in so doing A. I think you would tell me of that which was very strange B. As in the Happy future State of England it was with an intent to detect the Degeneracy and Vanity of the Politick and Protestant-would-be's of the Age who pretended to Advance Religion by Excluding the next Heir in p. 219. shewn that one of the general and publick Articles sent by King James the First to his Embassador in Spain in Order to the Match with the Infanta was that the Children of this Marriage shall no way be compell'd or constrain'd in point of Conscience or Religion wherefore there is no doubt that their title shall be prejudiced in case it should please God that they turn'd Catholicks and that it was afterward sent as an additional Article offer'd from England that the King of Great Britain and Prince of Wales should bind themselves by Oath for the Observance of the Articles and that the Privy Council should sign the same under their Hands and that accordingly the Articles were sign'd by Archbishop Abbot John Bishop of Lincoln Keeper of the Great Seal Lionel Earl of Middlesex Lord high Treasurer of England Henry Viscount Mandevile Lord President of the Council Edward Earl of Worcester Lord Privy Seal Lewis Duke of Richmond and Lennox Lord high Steward of the Houshold James Marquess of Hamilton James Earl of Carlisle Lancelot Bishop of Winchester Oliver Viscount Grandison Arthur Baron Chichester of Belfast Lord Treasurer of Ireland Sir Thomas Edmonds Knight Treasurer of the Houshold Sir John Suckling Comptroller of the Houshold Sir George Calvert and Sir Edward Conway Principal Secretaries of State Sir Richard Weston Chancellor of the Exchequer Sir Julius Caesar Mr. of the Rolls and for the truth of which Facts reference is there made to Mr. Prynne's Introduction to the Archbishop of Canterbury's Trial p. 43 so you may there read it in p. 44. that some private Articles were agreed on and probably were Sworn to by the same Persons that the other general ones were and of which private ones the first was in short That none of the Penal Laws against Roman Catholicks should at any time hereafter be put in Execution But you may thus see it at large viz. That particular Laws made against Roman Catholicks under which other Subjects of our Realms are not comprehended and to whose Observation all generally are not obliged as likewise general Laws under which all are equally Comprised if so be they are such as are repugnant to the Romish Religion shall not at any time hereafter by any means or chance whatsoever directly or indirectly be commanded to be put in Execution against the said Roman-Catholicks And we will cause that our Councel shall take the same Oath as far as it pertains to them and belongs to the Execution which by the hands of them and their Ministers is to be exercised The 2d was That no other Laws shall hereafter be made anew against the said Roman Catholicks but that there shall be a perpetual Toleration of the Roman Catholick Religion within Private Houses throughout all our Realms and Dominions which we will have to be understood as well of our Kingdom of Scotland and Ireland as in England c. And the 4th was That we will interpose our Authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favour of the Roman-Catholicks capitulated between the most renowned Kings by reason of this Marriage and that the said Parliament shall revoke and abrogate the particular Laws made against the said Roman-Catholicks c. And the Conclusion there is viz. That we will interpose our Authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favour of the Roman-Catholicks capitulated between the most renowned Kings by reason of this Marriage and that the said Parliament shall revoke and abrogate the particular Laws made against the said Roman-Catholicks to whose observance also the rest of our Subjects and Vassals are not obliged as likewise the general Laws under which all are equally comprehended to wit â—…s to the Roman-Catholicks if they be such as is aforesaid which are repugnant to the Roman-Catholick Religion and that hereafter we will not consent that the said Parliament should ever at any time Enact or Write any other new Laws against Roman-Catholicks We accounting all and singular the preceding Articles ratified and accepted out of certain Knowledge as far as they concern us our Heirs or Successors approve ratifie applaud and promise bonâ—… fide and in the word of a King by these Presents inviolably firmly well and faithfully to keep observe and fulfill the same and to cause them to be kept observed and fulfilled without any Exception or Contradiction and do confirm the same by Oath upon the holy Evangelists notwithstanding any Opinions Sentences or Laws whatsoever to the contrary In the presence of the most Illustrious Don John de Mendoza Marquess of Inojosa and Don Charles Coloma Extraordinary Ambassadors of the Catholick King of George Calvert Knight one of our Chief Secretaries of Edward Conway Knight another of our Chief Secretaries of Francis Cottington Baronet of the Privy Councel to our Son the Prince of Francis de Corondelet Apostolical or the Pope's Prothonotary and Arch-Deacon of Cambray Dated at our Palace at Westminster the 20 day of July 1623. in the English style Jacobus Rex A Compared and true Copy George Calvert Chief Secretary The Form of the Oath which the Lords of the Councel took to the former Articles is this which followeth found among the Lord Cottington's Papers Formula Juramenti à Consiliariis Praestandi Ego N. Iuro me debitè plenéque observaturum quantum ad me spectat omnes singulos Articulos qui in tractatu Matrimonii inter Serenissimum Carolum Walliae Principem Serenissimam Dominam Doâ—…nam Mariam Hispaniarum Iâ—…fantem continentur IURO ETIAM Quod neque per me nec per Ministrum aliquem inferiorem mihi inservientem legem ullam contra quemcunque Catholicum Romanum conscriptum executioni mandabo aut mandari faciam Poenamve ullam ab earum aliqua irrogatam exigam Sed in omnibus quae ad me pertinent Ordines à Majestate sua ex ea parte constitutos fideliter observabo Thus far Mr. Prynne who verifies the Facts above-mention'd not only from my Lord Cottington's Papers but from the Mercure Francois Tom. 9. A.
or heard of a man of most upright dainty and scrupulous Conscience and afraid to look upon some Actions which other Princes abroad do usually swallow and he might have added a Prince the real Tenderness of whoâ—…e Conscience had so often favour'd the nominal tenderness of others who instead of being Tender-hearted Christians were Stiff-necked Iews and who might justly apprehend that it was only duritia cordis instead of Tenderness of Conscience he dispens'd with and as when God dispens'd with the Iews in Polygamy For since Tenderness of Conscience doth necessarily render a man abstemious from things lawful and to be of a gentle submissive temper not only to his Equals but Inferiors and to be merciful even to brute Creatures and not only averse from suing any one about Penal Lawes but ready to remit somewhat of his Right rather then to go to Law with a Stranger and much less with ones Father the Pater Patrioe seeing any men outraging the Lawes and the quiet of the whole Realm by that wilde brutish thing call'd War for ferinum quiddam bellum est might well judge them utterly devoid of all Tenderness of Conscience I shall therefore frankly tell you that no doubt but their Consciences were extremely erroneous or rather seaâ—…ed Our great Writer of Conscience Bishop Sanderson in his Sermon on Rom. 14. 13. discussing the Causes from which mens doubtfulness of mind may spring and saying that sometimes it proceeds from Tenderness of Conscience which yet is indeed a very blessed and a gracious thing doth very well add but yet as tender things may sooner miscarry very obnoxious through Satan's diligence and subtlety to be wrought upon to dangerous inconveniences And if we Consider that a Civil War cannot be lawful on both Sides however a foreign one may we may well account that any deluded melancholy People who were tempted to raise a Civil War out of a blind Zeal for Religion and to assault the Thirteenth of the Romans out of the Apocalypse had hard Spleens instead of tender Consciences and that they have soft Heads instead of tender Hearts who try to make Religion a gainer by War. But indeed the Project of planting Religion and Propagating the Church by War that is described to be Status humanoe Societatis dissolutoe and that so presently opens to all mens view the horrid Scene of Contempta Religio Rapta profana Sacra profanata is so vain that the old Proverbial Impiety of such who did castra sequi how victorious soever hath naturally help'd to make Conquering Nations embrace the very Religion of the Conquered a thing exemplify'd in the Conquests of the Danes and Saâ—…ns in England of the Gothes in Italy and France and Spain and of the Moors in Spain and in the Turks having overcome the Saracens embracing the Saracens Religion And the Vanity of Reforming the World by War that Profound and Conscientious Statesman Cardinal D'Ossat in his Third Book 86th Letter and to Villeroy A. 1597. hath well taught us and where he mentions how he urged to the Pope the reasonableness of Harry the 4th's so religiously observing the great Edict of Pacification and that the many Wars made again and again by Hereticks serv'd for nothing but in many places to abolish the Catholick Religion and in a manner all Ecclesiastical Discipline Iustice and Order and to introduce Atheism with the Sequel of all sorts of Sacrileges Parricides Rapes Treasons and Cruelties and other sorts of wickedness c. and afterward that on the making War all the Malecontents all People indebted and neâ—…ssitous all Debauchees and Vagabonds all Thieves and other Criminals whose Lives were become forfeited to the Law of what Religion or Opinion soever they were were wont to joyn with the Hugonots and did more harm to the Church and Religion and good manners in one day of War then they could in a hundred days of Peace Thus â—…e who â—…its in the Heavens had them here in derision while they in effect thus presumed to transprose Scripture and to say Glory to God in the highest and on Earth War and ill will towards men and while according to that Saying in Arch-bishop Lâ—…d's famous Star-Chamber-Speech viz. No Nation hath ever appear'd more jealous of Religion then the People of England have ever been they were under such Transports of misguided Zeal as to adore that their jealousie and to offer Sacrifices to it with as much Contempt of Heaven and Cruelty to Mankind as ever were offer'd to the image of Iealousie referr'd to by Ezekiel and to which the tenderest of their Relations were not thought too costly Victims and to which their truly Tender-Conscienced King who like Moses with Tenderness carried them in his Bosome as a Nursing-Father beareth the sucking Child and who sometimes out of Tenderness to several of his Complaining Children Sacrificed the rigour of his Penal Lawes and to whom they should have been subject for that Tender thing Conscience sake was himself at last Sacrificed How did that Pious Prince sometimes in relation to his Heterodox Protestant Subjects imitate the Father of the Prodigal who when his Son was yet afar off ran to meet him fell on his neck and kiss'd him a thing acknowledg'd by an Eminent learned Divine Mr. Iohn Ley in his Book call'd Defensive Doubts Hopes and Reasons Printed in the year 1641. and where in p. 123. urging the Bishops to procure the Revocation of a late Canon of the Church and having said wherein if they appear and prevail they need not fear any disparagement to their Prudence by withdrawing that they have decreed since the wisest Statesmen and greatest Governors have used many times to comply so far with popular Dispositions as to vary their own Acts with relation to their liking as the Pilot doth his Soils to comply with the wind he addeth And you cannot have a more authentic Example both to induce you to this and to defend you in it from all Imputations then that of our Sacred Sovereign who rather then he would give any Colour of Complaint for aggrievances to his People was pleas'd to DISPENSE with the five Articles of PERTH's Assembly and to discharge all Persons from urging the Practice thereof upon any either Laick or Ecclesiastical Person whatsoever and to free all his Subjects from all Censures and Pains whether Ecclesiastical or Secular for not urging practising and obeying any of them tho they were esâ—…ablish'd both by a General Assembly and by Act of Parliament King Charles his large Declaration of the â—…umults in Scotland p 370. p. 389. And for his OWN Acts for these Articles of Perth were propounded and ratify'd in the Reign of his Royal Father he imposed the Service Book the Book of Canons and high Commission upon his Subjects in Scotland and upon their humble Supplication was content graciously to grant a Discharge from them passing his Princely Promise that he would neither then nor afterwards press the Practice of them nor any
knew that if Papists had been Punish'd for their Religion in her Reign by Iudges and Iuries and Sheriffs that it was she had punish'd them And accordingly he in his Premonition to Christian Monarchs doth more regio and with a style of Majesty relating to his Executive Power thus tell them viz. And yet so far hath both my Heart and Government been from any bitterness as almost never one of those sharp Additions to former Laws hath ever yet been put in execution Well Sir In fine I leave it to you to consider on the whole matter how far the Contents of that Canon and particularly what is declared therein about the care of God's Church being so committed to Kings in the Scripture that they are commended when the Church keeps the right way and blamed when it runs amiss and therefore her Government belongs in chief to Kings c. do shew that Kings not only may but ought out of a regard to their own Souls to provide that where the safety of their Subjects Souls is concern'd their Dispensative Power by the interpretation of their Laws and the relaxation of their Rigour in particular Cases may be exerted I doubt not but you have observ'd many more Cases wherein the Royal Martyr to prevent imminent peril of Soul was put to it to exert such his Power A. I remember not to have read of more B. No If you had read the 39 Articles Printed in the Edition that I have done with his Declaration prefix'd thereunto you would find that there being a high ferment about the Arminian Controversie in the Church of England and the Arminian and Anti-Arminian Divines who both had subscribed the Articles appropriating the sense of them to both their Perswasions and too many drawing then the sense of them too much aside and all of them professing themselves bound in Conscience by the Laws that required their Subscription to the Articles and that their Subscription to them was to be taken in the Imposers sense and that as to the Article of the King 's being Supreme Governor of the Church of England it being supposed as the words in the Declaration are Some differences might arise concerning the External Polity Injunctions Canons or other Constitutions thereto belonging His Majesty by his Declaration again ratifying the Articles and particularly publishing that he was Supreme Governor of the Church of England did notify his Pleasure that as to any such Differences arising as aforesaid the Clergy in their Convocation should order and settle them he approving their Ordinances c. and to the end they might not trouble themselves or the Church by putting their own interpretations on the Articles he Requires their taking the Articles in the Literal and Grammatical sense and notifies that literal sense as restrain'd to the way of the general Expressions in the Articles and such as the Divines of the several Perswasions took as making for them so that now by His Majesty 's thus interpreting that sense they might warrantably continue so to do And according to what hath been said of Manna that it was that to every man's taste wherewith it was pleas'd most mens sense of the Articles might be so too by means of the declared Complaisance of His Majesty therewith A. One would then the less wonder at the Complaisance of the Clergy with that King's Power of Dispensing in his Laws by Interpreting or Declaring B. I could tell you of another passage in his Reign that will shew you how our Bishops made use of that Power as their Sheat Anchor to preserve the Hierarchy in the Storms it met with and how then the Bishops issuing out the Processes of their Ecclesiastical Courts in their own Names was by the Artifice of the Faction improved as an occasion of making a very great ferment in Church and State and such a one as nothing but the Royal Power of Interpretation or of declaring the Law could settle And therefore Archbishop Laud in his Epistle to the King before his famous Star-Chamber Speech did in the Name of the Church of England then think himself obliged to apply to the King in a most pathetical and solemn manner to exert that great Power in that Conjuncture viz. I do humbly in the Churches name desire of your Majesty that it may be resolv'd by all the Reverend Iudges of England and then Publish'd by your Majesty that our keeping Courts and issuing Process in our own Names and the like Exceptions formerly taken and now renew'd are not against the Laws of the Realm as 't is most certain they are not that so the Church Governors may go on cheerfully in their Duty and the Peoples minds be quieted by this assurance that neither the Law nor their liberty as Subjects is infringed thereby The many Pamphleteers of the Faction who attacqued the Hierarchy â—…eproached them with the Non-observance of Humane Laws and charged their Proceedings with Illegality because by the Statute of 1 o E. 6. c. 2. that required Processes Ecclesiastical to be in the King's name it was declar'd That the Bishops sending out their Process in their own Names was contrary to the Form and Order of the Summons and Process of the Common-Law used in this Realm And therefore as Heylin tells us in the Life of Archbishop Laud p. 321. in A. 1637. the King accordingly issued out his Proclamation declaring That the Bishops holding their Courts and issuing Process in their own Names were not against the Laws of the Realm and the Iudges Resolutions were therein notify'd to that purpose And upon all motions afterward for Prohibitions to the Ecclesiastical Court upon the pretence of their Processes not issuing out in the King's Name according to that Statute of E. the 6th the currant Law hath still been in Westminster-Hall for keeping up the sense of His Majesty declared in his Proclamation as to that Point According to the manner then of praising the Bridge we go over the Church of England having in Queen Elizabeth's time been preserv'd by the Regal Power of interpreting express'd in her Admonition and by the like Power in the time of King Charles the First and the salus animae having been at stake as to the Oath in her time and as to the avowed Principle of the Church of England about Humane Laws binding the Conscience in his time the use of that Dispensative Power being like a Bridge that kept them from falling into the Pit of Perdition deserv'd their Praise That eminent Divine Mr. Iohn Ley in his Learn'd Book call'd Defensive Doubts and Reasons for refusal of the Oath imposed by the Sixth Canon of the late Synod i. e. that in the year 1640. saith there p. 99. and 100 c. There are some of our Brethren who in good will to themselves and us have undertaken to expound the Oath so as that they and we without scruple may take it And we take kindly their good intention and in good will to them again
I shall refer you to King Iames his Proclamation of Iune the 10th in the year 1606. and where having mentioned the Religion of the Roman-Catholicks he saith We deâ—…ïre still to make it appear in the whole Course of of our Government that we are far from accounting all those Subjects Disâ—…oyal that are that way affected and that we do DISTINGUISH of such as be carry'd only with blind zeal and such as sin out of Presumption c. and therefore as after times must give us tryal of ALL mens behaviour so must all men expect that their own deserts must be the only measure of their Fortunes at our hands either one way or other and having before spoke of the Gun-Powder Treason and the Doctrines of some Priests that might encourage it and said that thereby there is sufficient Cause to justifie the Proceedings of us and our said Parliament in the making and execution of these last and all other former Statutes tending to the same end it followeth nevertheless seeing the Soveraign Care appertains to us who have the Soveraign Power of Iustice in our hand and the Supreme Dispensation of Clemency and Moderation of the Severity of our Laws is likewise as proper to us to use whensoever we shall find it reasonable the same deserving to be no less allow'd in us being in our Dominions God's Lieutenant then it is prais'd in him among whose highest titles it is that his Mercy is above all his Works c. The King in the beginning of his Proclamation having profess'd his Zeal for the Religion of the Church of England by Law Establish'd and his constant Resolution for the maintenance and defence thereof said Of which our purpose and determination beside all other our former proceedings since our Entry into this Kingdom we have given a new and certain Demonstration by such two Acts as have been passed in this Session of our Parliament both tending to prevent the Dangers and diminish the number of those who adhering to the Profession of the Church of Rome are blindly led together with the Superstition of their Religion both into some points of Doctrine which cannot consist with the Loyalty of Subjects toward their Prince and oft-times into direct actions of Conspiracies and Conjurations against the State wherein they live as hath most notoriously appear'd by the late most horrible and almost incredible Conjuration c. The two Acts there referr'd to are those that you will find in your Statute-Book Anno tertio Jacobi Regis cap. 4. An Act for the Discovering and repressing Popish Recusants and in which the Oath of Allegiance is contain'd and Cap. 5. An Act to prevent and avoid dangers by Popish Recusants and whereby Popish Recusants Convict are disabled from bearing Office. But here you see how that wise Prince so soon after so horrid a real Plot did by distinguishing in his Proclamation between the Principles of some Roman-Catholicks and others as to Loyalty and alluring the Loyal by the avow'd Dispensative Power of his Mercy and hiding them under the wings of his Mercy from the terror of his Laws and affording to all his Subjects who should afterward behave themselves well a Tabula post naufragium as to the expectance of making up their fortunes think himself obliged then to cause his Moderation to be known to all men And you may hence take occasion when you think of the many Acts in terrorem in the Statute-Book and where there is no Proportion between the Crime and the Punishment and in some that seem inflictive of Punishments in the Case where men cannot be to any but the Searcher of hearts known to be Criminal at all as for example in their owning some Problematick Points of the Christian Religion to consider that most probably the Wisdom of the Government would not have pass'd them but on the Suppoâ—…ition of the Regal Power of dispensing therein expresly or tacitly You see how the Laws commonly call'd Sangâ—…inary have been tacitly suspended and I may tell you that tho I desire to live no longer then I shall be a maintainet of the internal Communion due from all Christians to all Christians as a part of that Holiness without which no man shall see God yet I should soon withdraw from the external Communion of the Church of England if it own'd the justness of such Laws otherwise then as in terroremâ—… and if it owned the lawfulness of putting men to Death for the Profession of any Religionary Principles their liberty to prosess which was purchased for them by the Blood of their Redeemer But I need not say more now about cautioning you or any one against the taking offence at any of our Laws Laws through want of considering which of them were designedly made for terror I might here likewise as to many Acts about Trade that swell the Statute-Book apply the Consideration of the Regal Power of dispensing therein having encouraged our Ancestors to perpetuate them as Laws A. The truth is you now put me in mind how I having long ago spent much time in considering the Trade and Traffick of our Country and of other Parts of Christendom and finding that shortly after His late Majesty's Restoration one of his Ministers had in a Publick Speech intimated it to the Parliament that His Majesty had setled a Councel of Trade consisting of some of the Lords of his Privy Councel and of some Gentlemen of Quality and Experience and of some Principal Merchants of the Principal Companies I had the curiosity to look over their Iournals and their Advices and Reports to the King and there I found somewhat of the same notion with yours in one of their Reports to His Majesty For there in one of their Papers of Advice addressed to the King taking notice that what they conceived fit to be done for the advancement of the Trade of the Realm was Prohibited by divers ancient Statutes they make them imply that the thing might be done by the King's licence or dispensing and whereupon they thus go on And therefore finding this Dispensation to be your Majesty's Prerogative preserv'd entire to the Crown through so many of your Royal Progenitors we have not thought fit to touch further upon this Matter as being humbly confident that your Majesty's Subjects shall upon all occasions be indulged the like if not more ready relief and accommodation for their Trade from your Majesty's Royal Grace and Bounty only because the Observation was obvious that perhaps all former Parliaments purposely left this door open to the People by the Grace of the King to be reliev'd with those dispensations as foreseeing how difficult if not impossible or how inconvenient at least it might be altogether to restrain what those Statutes prohibited we could not omit the same in this place c. B. And you have put me in mind how a very Loyal and judicious Gentleman of that Councel of Trade and whom I look on to be as deeply study'd in the
business of Trade and Traffick as any one of the age was pleas'd once to give me his opinion in Discourse that a vast number of our Statutes made for the advancement of Trade did really depress it and he then told me that the making of one new Law against the giving Alms to Beggars in the High-way would enrich the Nation almost more then all our old Statutes A. I have many times been apt to think so And considering how great a part of Mankind every where the Credulous are and that the Beggars are a necessary Tax upon the Credulous as we must imagine that a great loss happens to the well-meaning People in the Nation through the Profusion of their Charity to Paâ—…pers in the High ways or Streets so again considering the vast numbers of such Paâ—…pers and how valuable their Industry would be to the Publick if Necessity the mother of Industry through their not being relieved in the High-ways or Streets made them advantageous to the Kingdom instead of being Nuisances to it one may easily guess that an Act of Parliament of that Nature would awaken Trade and Manufacture to a much higher Proportion than our many sleeping Statutes can do B. Why then I must tell you what I told him namely that there is such a Statute in being and long ago made and that the execution of this Statute hath been in the populous Suburbs of our Metropolis the places where Peggars do so much swarm often awaken'd within these late years by the Middlesex-Iustices causing Printed Papers to be sent to the Church-wardens and Overseers of the Poor in the respective Parishes and with this Clause therein inserted viz. And for the discouragement of all idle Vagabonds and Vagrants c. all Persons are hereby desired and required to forbear to relieve any Beggars at their doors or in any other kind about the Streets on pain of suffering the respective Penalties by Law provided against all such Offenders A. I never before heard of this Penal Law. B. You may find it referr'd to and likewise what may shew you how it hath been tacitly dispensed with in my Lord Hatton's Treatise of Acts of Parliament and the Exposition thereof c. 5. Of Interpretation of Statutes by Equity and where he saith The Statute of E. 3. ordaineth That no maâ—… upon pain of Imprisonment should give Alms to a valtant Beggar Yet if one meet with such a one in so cold weather and so light apparel that if he have no Clothes given him he shall die before he comes to any Town if a man giveth him apparel he offends not the Law. For there is an inward dispensation by the bond of Christian Charity and Compassion But since humane Laws bind the Conscience we cannot without the Prince's tacit Consent rationally to be presumed thus give our selves the Latitude of an internal dispensation or relaxation from the band of that his Law So that therefore when ever you gratifie your own indulgent disposition in relieving one in the Streets or in itinere whom you look on as one of God's Poor you are at the same time to be sensible of the Regal dispensative Power relieving your Conscience and legitimating that your intended Charity by Tacit Dispensation A. You have often referr'd my Thoughts to consider the Nature of the Prince's Tacit dispensing Do you account it to have any great spreading Influence on mens Consciences here in keeping them both innocent and quiet B. When we meet some other time I shall shew you the Universal influence of this kind it hath among all Orders and Degrees of our Prince's Subjects and I shall then give you a full view of it A. But will you then tell me of Disability being thus tacitly dispens'd with and with a salvo to Conscience as to the obligation of humane Laws B. Yes in many Cases I have told you of one already when the Roman-Catholick Physicians were disabled by an Act of Parliament in the Reign of King Iames the First from Practising and when the Regal Tacit Dispensation proved an effectual Antidote to their Consciences against mortal Sin in the Case But because you seem to be somewhat impatient to know another Case wherein the Tacit Dispensation with disability did thus operate I shall give you a home-case by desiring you to recollect how old you were when you were first chosen a Parliament man and then to read Mr. Prynne's Book publish'd A. 1661. and call'd Minors no Senators or a brief Discourse proving Infants under 21 years to be uncapable in point of Law c. of being elected or admitted Members of the High Court of Parliament c. He refers there to Coke's Institutes for rendring none eligible to be a Knight Citizen or Burgess who is under the age of 21 years and in p. 5. he faith the Common Law of England is so exact and curious in the Election of all Officers of an inferior Nature as Coroners Verderers Keepers of Seals for Recognisances or Statutes Merchant Constables Bailiffs Mayors Clerks and others who are eligible by Writs Charters or Prescription that it expresly requires every one of them to be idoneum hominem qui melius sciat possit officium illud intendere and therefore saith he much less ought a Minor to be chosen a Knight Citizen or Burgess c. and if he is unable to be an Attorney or Proxy to assent for another in any Court of Iustice much more then in a Parliament the supremest Court. And in p. 24. to the Objection that some Infants under 21 years have been permitted to sit in former Parliaments he answers that noâ—…e ever sate in former Parliaments but only by Connivence and whose Elections were never question'd and that some whose Elections were question'd were ejected And now as Bishop Sanderson in his 7th Lecture viz. De Legum humanarum Causâ efficiente speaking of Laws ceasing to oblige by contrary Custom makes that contrary Custom to be nihil aliud quam Conjuncta populi Consensio eam legem ut inutilem observare negligentis Consensio principis Observationem ejus non exigentis and in his 10th Lecture doth very judiciously distinguish the Prince's Consent about relaxing Subjects from the obligation of a Law into that which is express'd and that which may rationally be presumed it was by this latter consent of your Prince so exuberantly indulgent in his Nature that you were brought off from Sin in the forum internum when you were both Senator and Minor and when you help'd on the making of Laws to disalle others and who have since made it a question whether the King could expresly or tacitly dispense with the incapacity that by means of your Vote and perhaps of other Minors passed to be enacted as a Punishment But to speak frankly you will oblige me now we are so near parting to tell me of any one learned Man in the Profession of the Laws of any part of Christendom and particularly of our