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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61601	The proceedings and tryal in the case of the most Reverend Father in God, William, Lord Archbishop of Canterbury and the Right Reverend Fathers in God, William, Lord Bishop of St. Asaph, Francis, Lord Bishop of Ely, John, Lord Bishop of Chichester, Thomas, Lord Bishop of Bath and Wells, Thomas, Lord Bishop of Peterborough, and Jonathan, Lord Bishop of Bristol, in the Court of Kings-Bench at Westminster in Trinity-term in the fourth year of the reign of King James the Second, Annoque Dom. 1688.	Sancroft, William, 1617-1693.; Lloyd, William, 1627-1717.; Turner, Francis, 1638?-1700.; Lake, John, 1624-1689.; Ken, Thomas, 1637-1711.; White, Thomas, 1628-1698.; Trelawny, Jonathan, Sir, 1650-1721.; England and Wales. Court of King's Bench.	1689 (1689)	Wing S564; ESTC R7827	217,926	148

the Noise of them in your several Countries and God be thanked they were but Noise without any worse Effects To cure the Distempers and compose the differing Minds that are yet amongst us I set forth my Declaration of the 26th of December In which you may see I am willing to set Bounds to the Hopes of some and to the Fears of others of which when you shall have examined well the Grounds I doubt not but I shall have your Concurrence therein The truth is I am in my Nature an Enemy to all Severity for Religion and Conscience how mistaken soever it be when it extends to Capital and Sanguinary Punishments which I am told were began in Popish Times Therefore when I say this I hope I ●…hall not need to warn any here not to inferr from thence that I mean to favour Popery I must confess to you there are many of that Profession who having served my Father and my self very well may fairly hope for some part in that Indulgence I would willingly afford to others who dissent from us But let me explain my self lest some mistake me herein as I heard they did in my Declaration I am far from meaning by this a Toleration or Qualifying them thereby to hold any Offices or Places of Trust in the Government Nay further I desire some Laws may be made to hinder the Growth and Progress of their Doctrine I hope you have all so good an Opinion of my Zeal for the Protestant Religion as I need not tell you I will not yield to any therein not to the Bishops themselves nor in my liking the Uniformity of it as it is now established which being the Standard of our Religion must be kept pure and uncorrupted free from all other Mixtures And yet if the Dissenters will demcan themselves peaceably and modestly under the Government I could heartily wish I had such a Power of Indulgence to use upon Occasion Sir Geo. Treby Pray Sir read that out distinctly Clerk reads I could heartily wish I had such a Power of indulgence to use upon Occasion as might not needlesly force them out of the Kingdom or staying here give them Cause to conspire against the peace of it My Lords and Gentlemen It would look like Flattering in me to tell you in what degree I am confident of your Wisdom and Affection in all things that relate to the Greatness and Prosperity of the Kingdom If you consider well what is best for us all I dare say we shall not disagree I have no more to say to you at present but once again to bid you heartily welcome Mr. Finch The next thing we shall shew you is that after the King had made this Speech and wished he had such a Power of Indulgence to use upon Occasion there was a Bill in the House of Lords brought in to enable the King to dispense with several Laws We shall shew you the Journal where it was Read and Committed but further than that it went not L. C. I. What Use do you make of this Mr. Finch Sir Rob. Sawyer You may easily apprehend the Use we shall make of it The King in his Speech says He wish'd he had such a Power the House of Lords thought he had not and therefore they order'd a Bill to be brought in to enable him Read the Journal of the Lords of the 13th of March 1662. Clerk reads Die Veneris XIII o die Martii 1662. After some Debate whether the House should be put into a Grand Committee for the further Debate of the Bill concerning His Majesty's Power in Ecclesiastical Affairs it was put to the Question viz. As many of your Lordships as would have this House adjourned and put into a Committee to consider of the said Bill say Content others Not Content Passed in the Affirmative And then the Lord Chamberlain of the Houshold was directed to take the Chair as formerly which he did accordingly And after Debate the House was resumed after the Grand Committee had appointed a Sub-Committee touching the said Bill Sir Rob. Sawyer This is all in the Journal of the House of Lords about this Matter We will now shew you the Bill it self Clerk reads An Act concerning His Majesty's Power in Ecclesiastical Affairs WHereas divers of His Majesty's Subjects through Error of Judgment and mis-guided Consciences whereunto the Licentiousness of these late unhappy Times have much contributed do not conform themselves to the Order of Divine Worship and Service established by Law and although His Majesty and both Houses of Parliament are fully satisfied that those Scruples of Conscience from whence this Nonconformity ariseth are ill grounded and that the Government of the Church with the Service thereof as now established is the best that is any where extant and most effectual to the Preservation of the Protestant Religion Yet hoping that Clemency and Indulgence may in time wear out those Prejudices and reduce the Dissenters to the Unity of the Church and considering that this Indulgence how necessary soevever cannot be dispensed by any certain Rule but must vary according to the Circumstances of Time and the Temper and Principles of those to whom it is to be granted and His Majesty being the best Judge when and to whom this Indulgence is to be dispensed or as may be most consistent with the publick Peace and without just Cause of Offence to others and to the end His Majesty may be enabled to exercise it with universal Satisfaction Be it Enacted by the King 's Most Excellent Majesty by Advice and with the Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority thereof That the King's Majesty may by Letters Patents under the Great Seal or by such other Ways as to His Majesty shall seem meet dispense with one Act or Law made the last Session of this present Parliament Intituled An Act for the Uniformity of Publick Prayers and Administration of the Sacraments and other Rites and Ceremonies and for Establishing the Form of Making and Ordaining and Consecrating Bishops Priests and Deueotis in the Church of England and with any other Laws or Statutes concerning the same or requiring Oaths or Subscriptions or which do enjoin Conformity to the Order Discipline and Worship established in this Church and the Penalties in the said Laws imposed or any of them And may grant ●…fences to such of His Majesty's Subjects of the Protestant-Religion of whose inoffensive and peaceable Disposition His Majesty shall be perswaded to enjoy and use the Exercise of their Religion and Worship though differing from the publick Rule the said Laws and Statutes or any Disabilities Incapacities or Penalties in them or any of them contained or any Matter or Thing to the contrary thereof notwithstanding Provided always and be it Enacted That no such Indulgence Licence or Dispensation hereby to be granted shall extend or be construed to extend to the Tolerating or Permitting the Use or

considered the nature of your Majesty's Declaration from Bredah and are humbly of opinion That your Majesty ought not to be pressed any further Because it is not a Promise in it self but only a Gracious Declaration of your Majesty's Intentions to do what in you lay and what a Parliament should advise your Majesty to do and no such Advice was ever given or thought fit to be offered nor could it be otherwise understood because there were Laws of Uniformity then in being which could not be dispenced with but by Act of Parliament Sir Rob. Sawyer This is all that we read this for your Lordship and the Jury see what is here declared by the Parliament That the Act of Uniformity could not be dispensed with without an Act of Parliament Next My Lord we shall shew you what was done in the Year 1672. Read the King's Speech the 5th of February 1672. The Journals of the Lords House were delivered in Clerk reads Die Mercurii 5. Febr. 1672. My Lords and Gentlemen I am glad to see you here this day I would have called you sooner together but that I was willing to ease you and the Country till there were an absolute necessity Since you were last here I have been forced to a most important necessary and expensive War and I make no doubt but you will give me suitable and effectual assistance to go through with it I refer you to my Declaration for the causes and indeed the necessity of this War and shall now only tell you That I might have digested the Indignities to my own Person rather than have brought it to this Extremity if the Interest as well as the Honour of the whole Kingdom had not been at stake and if I had omitted this Conjuncture perhaps I had not again ever met with the like advantage You will find that the last Supply that you gave me did not answer Expectation for the ends you gave it the payment of my Debts therefore I must in the next place recommend them again to your special Care. Some few days before I declared the War I put forth my Declaration for Indulgence to Dissenters and have hitherto found a good effect of it by securing my peace at home when I had war abroad There is one part in it that has been subject to Misconstructions which is that concerning the Papists as if more liberty was granted to them than to other Recusants when 't is plain there is less for the others have publick Places allowed them and I never intended that they should have any but only have the freedom of their Religion in their own Houses without any concourse of others and I could not grant them less than this when I had extended so much more Grace to others most of them having been loyal and in the service of me and the King my Father And in the whole course of this Indulgence I do not intend that it shall any way prejudice the Church but I will support its Rights and It in its full power Having said this I shall take it very ill to receive contradiction in what I have done and I will deal plainly with you I am resolved to stick to my Declaration There is one Jealousie more which is maliciously spread abroad and yet so weak and frivolous that I once thought it not of moment enough to mention but it may have gotten some ground with some well-minded people and that is That the Forces which I have raised in this War were designed to controul Law and Property I wish I had had more Forces the last Sommer the want of them then convinces me I must raise more against this next Spring and I do not doubt but you will consider the charge of them in your Supplies I will conclude with this assurance to you That I will preserve the true Reformed Protestant Religion and the Church as it is now Established in this Kingdom and that no Mans Property or Liberty shall ever be invaded I leave the rest to the Chancellor Mr. S. Pomb Now go to the Journal of the Commons of the 14th of February 1672. The Journal put in Clerk Reads Veneris xiiij die Februarii 1672. Mr. Powle Reports from the Committee appointed to prepare and draw up a Petition and Address to his Majesty The said Petition and Address which he read in his place and afterwards delivered the same in at the Clerks Table and the same being again twice read is as followeth viz. Most Gracious Sovereign We your Majesties most Loyal and Faithful Subjects the Commons Assembled in Parliament do in the first place as in all Duty bound return your Majesty our most humble and hearty Thanks for the many Gracious Promises and Assurances which your Majesty has several times during this Present Parliament given to us That your Majesty would Secure and Maintain unto us the true Reformed Protestant Religion our Liberties and Properties which most gracious Assurances your Majesty out of your great Goodness has been pleased to renew unto us more particularly at the Opening of this present Session of Parliament And further we crave leave humbly to represent That we have with all Duty and Expedition taken into our Consideration the several parts of your Majesties last Speech to us and withal the Declaration therein mentioned for Indulgence to Dissenters dated the 15th of March last And we find our selves bound in Duty to inform your Majesty That Penal Statutes in Matters Ecclesiastical cannot be Suspended but by Act of Parliament We therefore the Knights Cittizens and Burgesses of your Majesties House of Commons do most humbly beseech your Majesty That the said Laws may have their free Course until it shall be otherwise provided for by Act of Parliament And that your Majesty would graciously be pleased to give such Directions herein that no Apprehensions or Jealousies may remain in the Hearts of your Majesties good and faithful Subjects Resolved c. That this House doth agree with the Committee in the Petition and Address by them drawn up to be presented to his Majesty Sir Rob. Sawyer Now turn to the 24th of February 1672. in the same Book Clerk Reads Lunae 24th of February 1672. Mr. Secretary Coventry Reports and Presents in Writing from his Majesty his Answer to the humble Petition and Address of this House which was thrice read and the Matter debated and is as followeth viz. CHARLES R. HIS Majesty hath received an Address from you and he hath seriously considered of it and returns you this Answer That he is very much troubled that that Declaration which he put out for ends so necessary for the quiet of his Kingdom and especially in that Conjuncture should have proved the Cause of disquiet in his House of Commons and give occasion to the questioning of his Power in Ecclesiasticks which he finds not done in the Reigns of any of his Ancestors He is sure he never had thoughts of using it otherwise than as it hath been

Records in Parliament mentioned in their Petition and produce several Ancient Records of former Parliaments that prove this Point and particularly in the Time of Richard the Second concerning the Statute of Provisors where there were particular Dispensations for that Statute the King was enabled to do it by Act of Parliament●… and could not do it without L. C. Iust. Pray Sir Robert Sawyer go to your Proofs and reserve your Arguments till afterwards Sir Rob. Sawyer My Lord I do but shortly mention these things so that my Lord as to the Matter of this Petition we shall shew you that it is true and agreeable to the Laws of the Land. Then my Lord as to the manner of delivering it I need say no more but that it is plain from their Evidence that it was in the most private and humble manner And as my Lord President said Leave was asked of the King for them to be admitted to present it Leave was given and accordingly they did it We come then my Lord to the third thing the Persons these noble Lords and we shall shew they are not Busie-Bodies but in this Matter have done their Duty and medled with their own Affairs That my Lord will appear First By the general Care that is reposed in them by the Law of the Land They are frequently in our Books called the King's Spiritual Judges they are intrusted with the Care of Souls and the Superintendency over all the Clergy is their principal Care. But besides this my Lord there is another special Care put upon them by the express Words of an Act of Parliament for over and above the general Care of the Church by virtue of their Offices as Bishops the Act of 1 Eliz. cap. 2. makes them special Guardians of the Law of Uniformity and of that other Law in His Late Majesty's Reign where all the Clauses of that Statute of 1 Eliz. are revived and made applicable to the present State of the Church of England Now in that Statute of 1 Eliz. there is this Clause And for the due Execution hereof the Queen 's Most Excellent Majesty the Lords Spiritual and Temporal and all the Commons in this present Parliament assembled do in God's Name earnestly require and charge all the Archbishops and Bishops and other Ordinaries that they do endeavour themselves to the utmost of their Knowledges that the due and true Execution hereof may be had throughout their Diocesses and Charges as they will answer before God for such Evils and Plagues wherewith Almighty God may justly punish his People for neglecting this good and wholsome Law. This is the Charge that lies upon the Bishops to take care of the Execution of that Law and I shall pray by and by that it may be read to the Jury Mr. Soll. Gen. That is very well indeed To what purpose Sir Rob. Sawyer So that my Lord by this Law it is plain that my Lords the Bishops upon pain of bringing upon themselves the Imprecation of this Act of Parliament are obliged to see it executed and then my Lord when any thing comes under their Knowledge especially if they are to be Actors in it that has such a tendency to destroy the very Foundations of the Church as the Suspension of all the Laws that relate to the Church must do it concerns them that have no other Remedy to address the King by Petition about it For that Mr. Attorney my Lord has agreed That if a proper Remedy be pursued in a proper Court for a Grievance complained of though there may be many hard Words that else would be scandalous yet being in a regular Course they are no Scandal And so it is said in Lake's Case in my Lord Hobbart My Lord we must appeal to the King or we can appeal to no body to be relieved against an Order of Council with which we are aggrieved and it is our Duty so to do according to the Care that the Law hath placed in us Besides my Lord the Bishops were commanded by this Order to do an Ac●… relating to their Ecclesiastical Function to distribute it to be read by their Clergy And how could they in Conscience do it when they thought part of the Declaration was not according to Law Pray my Lord What has been the reason of His Majesty's consulting of his Judges And if His Majesty or any the great Officers by his Command are about to do any thing that is contrary to Law was it ever yet an Offence to tell the King so I always look'd upon it as the Duty of an Officer or Magistrate to tell the King what is Law and what is not Law. In Cavendish's Case in the Queen's time there was an Office granted of the Retorn of the Writs of Supersedeas in the Court of Common Pleas and he comes to the Court and desires to be put into the possession of the Office The Court told him They could do nothing in it but he must bring his Assize He applies to the Queen and she sends under the Privy Seal a Command to sequester the Profits and to take Security to answer th●… Profits as the Judgment of the Law should go But the Judges there return an Answer That it was against Law and they could not do it Then there comes a second Letter reciting the former and commanding their Obedience The Judges returned for Answer They were upon their Oaths and were sworn to keep the Laws and would not do it My Lord The like was done in the time of my Lord Hobbart We have it reported in Anderson in a Case where a Prohibition had gone There came a Message from Court that a Consultation should be granted and that was a Matter wherein there were various Opinions whether it was Ex Necessitate or Discretionary but there they return'd That it was against Law for any such Message to he sent Now here my Lord is a Case full as strong My Lords the Bishops were commanded to do an Act which they conceived to be against Law and they decline it and tell the King the reason and they have done it in the most humble manner that could be by way of Petition If they had done as the Civil Law terms it Rescribere generally that had been lawful but here they have done it in a more respectful manner by an humble Petition If they had said the Law was otherwise that sure had been no Fault but they do not so much as that but they only say it was so declared in Parliament and they declare it with all Humility and Dutifulness So that my Lord if we consider the Persons of the Defendants they have not acted as Busie-Bodies and therefore as this Case is when we have given our Evidence here will be an Answer to all the Implications of Law that are contained in this Information For they would have this Petition work by Implication of Law to make a Libel of it but by what I have said it will appear

then and in that first Attempt it was so far from being acknowledged that it was taken notice of in Parliament and declared against So it was in the Years 1662. and 1672. In the Year 62. where there was but the least Umbrage given of such a Dispensing Power although the King had declared in his Speech to the Parliament that he wished he had such a Power which his Declaration before seemed to assume the Parliament was so jealous of this that they immediately made their Application to His Majesty by an Address against the Declaration and they give Reasons against it in their Address One in particular was That the King could not dispense with those Laws without an Act of Parliament There was another Attempt in 1672. and then after His Majesty had in his Speech mentioned his Declaration to them the Parliament there again particularly the House of Commons did humbly address to His Majesty setting forth that this could not be done by Law without an Act of Parliament And your Lordship by and by upon reading the Record will be satisfied what was the Event of all this His Majesty himself was so far pleased to concurr with them in that Opinion that he cancell'd his Declaration tore off the Seal and caused it to be made known to the House of Lords by the Lord Chancellor who by His Majesty's Command satisfied the House of it that His Majesty had broken the Seal and cancell'd the Declaration with this further Declaration which is enter'd in the Records of the House That it should never be drawn into Example or Consequence My Lord The Matter standing thus in respect to the King's Prerogative and the Declarations that had been made in Parliament consider next I beseech you how far my Lords the Bishops were concerned in this Question humbly to make their Application to the King. My Lords the Bishops lying under a Command to publish this Declaration it was their Duty as Peers of the Realm and Bishops of the Church of England humbly to apply themselves to His Majesty to make known their Reasons why they could not obey that Command and they do it with all Submission and all Humility representing to His Majesty what had been declared in Parliament and it having been so declared they could not comply with his Order as apprehending that this Declaration was founded upon that which the Parliament declared to be illegal and so His Majesty's Command to publish this Declaration would not warrant them so to do This they did as Peers and this they had a Right to do as Bishops humbly to advise the King. For suppose my Lord which is not to be supposed in every Case nor do I suppose it in this but suppose that there might be a King of England that should be mis-led I do not suppose that to be the Case now I say but I know it hath been the Case formerly that the King should be environed with Counsellors that had given him evil Advice it has been objected as a Crime against such evil Counsellors that they would not permit and suffer the Great Men of the Kingdom to offer the King their Advice How often do we say in Westminster-Hall That the King is deceived in his Grant There is scarce a Day in the Term but it is said in one Court or other but it was never yet thought an Offence to say so And what more is there in this Case My Lord If the King was mis-informed or under a Mis-apprehension of the Law my Lords as they are Peers and as they are Bishops are concerned in it and if they humbly apply themselves to the King and offer him their Advice where is the Crime My Lord These noble Lords the Defendants had more than an ordinary Call to this for besides the Duty of their Office and the Care of the Church that was incumbent on them as Bishops they were here to become Actors for they were by that Order of Council commanded themselves to publish it and to distribute it to the several Ministers in their several Diocesses with their Commands to read it Therefore they had more than ordinary Reason to concern themselves in the Matter Next We are to consider my Lord in what manner this was done They make their Application to the King by an humble Petition with all the Decency and Respect that could be shewn asking leave first to approach his Person and having leave they offer'd my Lord President the Matter of their Petition that nothing might seem hard or disrespectful or as if they intended any thing that was unfit to be avowed When they had taken all this Care in their Approach and begging leave for it they come secretly to the King in private when he was all alone and there they humbly present this Petition to His Majesty Now how this can be called the Publication of a malicious and seditious Libel when it was but the Presenting of a Petition to the King alone And how it can be said to be with an Intent to stir up Sedition in the People against His Majesty and to alienate the Hearts of his People from him when it was in this private manner delivered to him himself only truly I cannot apprehend My Lord I hope nothing of this can be thought an Offence If the Jury should think that there has been Evidence sufficient given to prove that my Lords the Bishops did deliver this Paper to the King yet that is not enough to make them guilty of this Information unless this Paper be likewise found to be in Diminution of the King 's Royal Prerogative and Regal Authority in dispensing with and suspending of all Laws without Act of Parliament Unless it be found to be a Libel against the King to tell him That in Parliament it was so and so declared And unless the presenting this by way of Petition which is the Right of all People that apprehend themselves aggrieved to approach His Majesty by Petition be a Libelling of the King And unless this humble Petition in this manner presented to the King in private may be said to be a malicious and seditious Libel with an Intent to stir up the People to Sedition Unless all this can be found there is no Man living can ever find my Lords the Bishops guilty upon this Information Therefore my Lord we will go on and make out this Matter that we have opened to your Lordship if Mr. Attorney and Mr. Sollicitor think fit to argue the Points that we have opened Mr. Pollixfen Pray my Lord spare me a Word on the same Side For the first Point It is a Point of Law whether the Matter contained in this Petition be a Libel The King's Council pretend it is so because it says the Declaration is founded upon a Power the Parliament has declared to be illegal But we say that whatsoever the King is pleased to say in any Declaration of his it is not the King 's saying of it that makes

Exercise of the Popish or Roman Catholick Religion in this Kingdom nor to enable any Person or Persons to hold or exercise any Place or Office of publick Trust within this Kingdom who at the Beginning of this present Parliament were by the Laws and Statutes of this Realm disenabled thereunto nor to exempt any Person or Persons from such Penalties as are by Law to be inflicted upon such as shall publish or preach any thing to the Depravation or Derogation of the Book of Common Prayer or the Government Order and Ceremonies of the Church established by Law. Provided also and be it Enacted That no such Licence or Dispensation shall extend to make any Priest or Minister capable of any Ecclesiastical Living or Benefice with Cure who shall not before the Archbishop of the Province or Bishop of the Diocess where he lives make such Subscription to the Articles of Religion as is enjoined by the Statute of the 13th of Elizabeth made for Reformation of Disorders in the Church Nor shall extend or be construed to extend to dispense with the Book of Common Prayer But that the said Book shall be constantly read in all the Cathedral and Collegiate Churches and in all the Parish-Churches and publick Chapels Sir Rob. Sawyer Here your Lordship sees what the Lords did in this Matter We shall now shew you out of the Commons Journal what they did concerning this Speech of the King. Shew the Journal of the 25th of February 1662. Mr. Jodrell sworn L. C. I. Did you examine that Mr. Iodrell Mr Iodrell It is the Original Book The Book delivered into the Court. Clerk reads Die Mercurii XXV o die Februarii 15 Car. II. Resolved that it be presented Sir Rob. Sawyer You must begin above The House then took into Debate Clerk reads The House then took into Debate the Matter touching Indulgence to Dissenters from the Act of Uniformity The Question being put that the Present Debate be adjourned till To-Morrow Morning The House was divided The Yeas went out Sir Iohn Goodrick and Sir William Lowther Tellers for the Noes with the Noes 161. Sir Richard Temple and Sir Iohn Talbott Tellers for the Yeas with the Yeas 119. And so it passed in the Negative Resolved c. That it be presented to the King's Majesty as the humble Advice of this House That no Indulgence be granted to the Dissenters from the Act of Uniformity Mr. Soll. Gen. Does your Lordship think it to be Evidence L. C. I. Let them read it Mr. Sollicitor that we may hear what it is Clerk reads on Ordered that a Committee be appointed to collect and bring in the Reasons of this House for this Vote upon the present debate to be presented to his Majesty and that the nominating of the Committee be adjourned till to morrow morning Sir Rob. Sawyer That 's all Mr. S. G. Pray if there be any thing more read on you shall not parcel out a Record and take and leave what you will. Mr. Finch Did not you parcel out our Petition Mr. S. G. Read on If there be any thing about this matter Clerk. That is all Sir Rob. Sawyer Turn to the 27th of February 1662. Clerk reads Veneris xxvii Februarii xv Car II. Sir Heneage Finch reports from the Committee appointed to collect and bring in the Reasons of the House for their Vote of Advice to the King's Majesty and in the close of those Reasons to add That the House will assist his Majesty with their Lives and Fortunes and to pen an Address to his Majesty for that purpose the several Reasons and Address agreed by the Committee in writing he read in his place and did after bring up and deliver the same in at the Clerk's Table The First Paragraph was read and upon the question agreed to The Second Paragraph was read and upon the question agreed to The Third was read and upon the question agreed to Sir Rob. Sawyer Go over that and go to the Address it self Clerk reads May it please your most Excellent Majesty We your Majesty's most Dutiful and Loyal Subjects the Knights Citizens and Burgesses of the House of Commons in Parliament assembled having with all fidelity and obedience considered of the several matters comprised in your Majesty's late Gracious Declaration of the 26th of December last and your most Gracious Speech at the beginning of this present Session Do in the first place for our selves and in the names of all the Commons of England render unto your Sacred Majesty the tribute of our most hearty thanks for that infinite Grace and Goodness wherewith your Majesty hath been pleased to publish your Royal Intention of adhereing to your Act of Indempnity and Oblivion by a constant and religious observance of it and our hearts are further enlarged in these returns of Thanksgiving when we consider your Majesty's most Princely and Heroick profession of relying upon the Affections of your People and the abhorring all sorts of Military and Arbitrary Rule but above all we can never enough remember to the honour of your Majesty's Piety and our own unspeakable Comfort those solemn and most endearing Invitations of us your Majesty's Subjects to prepare Laws to be presented to your Majesty against the growth and increase of Popery and withal to provide more Laws against Licenciousness and Impiety at the same time declaring your own Resolutions for maintaining the Act of Uniformity and it becomes us always to acknowledg and admire your Majesty's Wisdom in this your Declaration whereby your Majesty is pleased to resolve not only by sumptuary Laws but by your own Royal Example of Frugality to restrain that excess in mens Expences which is grown so general and so exorbitant and to direct our endeavours to find out fit and proper Laws for advancement of Trade and Commerce After all this we most humbly beseech your Majesty to believe That it is with extreme unwillingness and reluctancy of heart that we are brought to differ from any thing which your Majesty hath thought fit to propose and though we do no ways doubt but that the unreasonable distempers of mens Spirits and the many Mutinies and Conspiracies which were carried on during the late intervals of Parliament did reasonably encline your Majesty to endeavour by your Declaration to give some allay to those ill humours till the Parliament assembled and the hopes of an Indulgence if the Parliament should consent to it especially seeing the Pretenders to this Indulgence did seem to make some title to it by vertue of your Majesty's Declaration from Bredah Nevertheless we your Majesty's most Dutifill and Loyal Subjects who are now returned to serve in Parliament from those several parts and places of your Kingdom for which we are chosen Do humbly offer it to your Majesty's great Wisedom that it is in no sort adviseable that there be any ' Indulgence to such persons who presume to ●…issent from the Act of Uniformity and Religion established for these Reasons We ha●…e

when I reflect what an inconsiderable number of men began it and how long they carried it on without any opposition I hope every body will be convinced that the Militia which hath hitherto been so much depended upon is not sufficient for such Occasions and that there is nothing but a good force of well disciplined Troops in constant pay that can defend us from such as either at home or abroad are disposed to disturb us And in truth my concern for the peace and quiet of my Subjects as well as for the safety of the Government made me think it necessary to increase the number to the proportion I have done this I owed as well to the honour as to the security of the Nation whose Reputation was so infinitely exposed unto all our Neigbours by having lain open to this late wretched Attempt that it is not to be repaired without keeping such a Body of Men on foot that none may ever have the thoughts again of finding us so miserably unprovided It is for the support of this great Charge which is now more than double to what it was that I ask your assistance in giving me a Supply answerable to the Expence it brings along with it And I cannot doubt but what I have begun so much for the honour and defence of the Government will be continued by you with all the chearfulness and readiness that is requisite for a Work of so great importance Let no man take Exception that there are some Officers in the Army not qualified according to the late Tests for their Imployments The Gentlemen I must tell you are most of them well known to me and having formerly served with me on several Occasions and always approved the Loyalty of their Principles by their Practices I think them fit now to be employed under me and will deal plainly with you that after having had the benefit of their Services in such time of need and danger I will neither expose them to disgrace nor my self to the want of them if there should he another Rebellion to make them necessary to me I am afraid some men may be so wicked to hope and expect that a difference may happen between you and me upon this Occasion but when you consider what advantages have risen to us in a few months by the good understanding we have hitherto had what wonderful effects it has already produced in the change of the whole scene of Affairs abroad so much more to the honour of the Nation and the figure it ought to make in the World and that nothing can hinder a further progress in this way to all our satisfactions but Fears and Jealousies amongst our selves I will not apprehend that such a misfortune can befall us as a Division or but a Coldness between me and you nor that any thing can shake you in your Steadiness and Loyalty to me who by God's blessing will ever make you all returns of kindness and protection with a Resolution to venture even my own Life in the defence of the true Interest of this Kingdom Sir Rob. Sawyer Turn to the Commons Journal the 16th of November 1685. The Journal of the House of Commons put in Clerk reads Die Lune xvi die Novemb. 1685. Most Gracious Sovereign We your Majesty's most Loyal and Faithful Subiects the Commons in Parliament assembled do in the first place as in duty bound return your Majesty our most humble and hearty thanks for your great care and conduct in the suppression of the late Rebellion which threatned the overthrow of this Government both in Church and State and the uttermost extirpation of our Religion by Law established which is most dear unto us and which your Majesty has been pleased to give us repeated assurances you will always defend and support which with all grateful hearts we shall ever acknowledg We further crave leave to acquaint your Majesty That we have with all duty and readiness taken into our consideration your Majesty's gracious Speech to us and as to that part of it relating to the Officers in the Army not qualified for their Imployment according to an Act of Parliament made in the 25th year of the Reign of your Majesty's Royal Brother of blessed memory Intituled An Act for preventing danger that may happen by Popish Recusants We do out of our bounden duty humbly represent unto your Majesty That those Officers cannot by Law be capable of their Imployments and that the Incapacities they bring upon themselves thereby can no ways be taken off but by Act of Parliament Therefore out of the great deference and duty we owe unto your Majesty who has been graciously pleased to take notice of their Services to you we are preparing a Bill to pass both Houses for your Royal Assent to indemnify them from the Penalties they have now incurred and because the continuance of them in their Employments may be taken to be a dispencing with that Law without Act of Parliament the consequence of which is of the greatest concern to the Rights of all your Majesty's Dutiful and Loyal Subjects and to all the Laws made for the security of their Religion We therefore the Knights Citizens and Burgesses of your Majesty's House of Commons do most humbly beseech your Majesty that you would be graciously pleased to give such directions therein that no Apprehensions or Iealousies may remain in the hearts of your Majesty's good and faithful Subjects Mr. Polixfen My Lord We pray that these half dozen lines of the Statute 1 Eliz. may be read A Statute-book was then produced by Mr. Ince L. C. J. No We will have it read out of our own Book which was delivered into Court. Clerk reads This is 1 Eliz. cap. 2. An Act for Uniformity of Religion c. Whereabout is it Mr. Ince 'T is the 15th Paragraph at these words And for the due execution c. Clerk Reads And for due Execution hereof the Queens most Excellent Majesty the Lords Spiritual and Temporal in this present Parliament Assembled do in Gods Name earnestly Require and Charge all the Archbishops Bishops and other Ordinaries that they shall endeavour themselves to the utmost of their knowledge that the due and true Execution hereof may be had throughout their Diocesses and Charges as they will answer before God for such Evils and Plagues wherewith Almighty God may justly punish his people for neglecting this good and wholsome Law. Mr. Serjeant Levinz No●… my Lord if your Lordship pleases the Charge is a Charge for a Libel and there are two things to be Considered First Whether the Bishops did deliver this Paper the King 〈◊〉 tha●… leave upon the Evidence that has been given 〈◊〉 〈◊〉 say them has been no direct proof of that In the next place Supposing they did deliver this Petition to the King Whether this be a Libel upon the Matter of it the manner of delivering it 〈◊〉 the Persons that did it And with submission my Lord this cannot

it is not only lawful but his Duty Rescribere Principi this is all that is done here and that in the most humble manner that could be thought of your Lordship will please to observe how far it went how careful they were that they might not any way justly offend the King. They did not interpose by giving advice as Peers they never stirr'd till it was brought home to themselves when they made their Petition all they beg is that it may not so far be insisted upon by his Majesty as to oblige them to read it whatever they thought of it they do not take upon them to desire the Declaration to be revoked My Lord as to Mattters of Fact alledged in the said Petition that they are perfectly true we have shewn by the Journals of both Houses In every one of those Years which are mentioned in the Petition this Power of Dispensation was considered in Parliament and upon debate Declared to be contrary to Law there could be no Design to diminish the Prerogative because the King hath no such Prerogative Seditious my Lord it could not be nor could possibly stir up Sedition in the minds of the People because it was presented to the King in private and alone false it could not be because the Matter of it is true There would be nothing of Malice for the occasion was not sought the thing was pressed upon them and a Libel it could not be because the intent was innocent and they kept within the bounds set by the Act of Parliament that gives the Subject leave to apply to his Prince by Petition when he is agrieved Mr. Att. Gen. Have you done Gentlemen Mr. Finch We have done Sir. Mr. Att. Gen. My Lord I shall be a great deal more merciful to your Lordship and the Jury than they have been who have spent these four hours in that which I think is not pertinent to the Case in Question They have let themselves into large Discourses making great Complaints of the Hardships put upon my Lords the Bishops by the Order of Councel to read his Majesties Declaration and putting these words into the Information of Seditious Malicious and Scandalous But my Lord I admire that Sir Robert Sawyer should make such Reflections and Observations upon these words when I am sure he will scarce find any one of his own exhibiting that has so few of those aggravating words as this has and therefore that might have been very well spared especially by him In the next place my Lord we are told what great Danger our Religion is in by this Declaration I hope we have an equal concern for that with them or any Person else whatsoever But however I am sure our Religion teaches us not to preserve our Religion or our Lives by any illegal Courses and the Question is whether the Course that my Lords the Bishops have taken to preserve as they say our Religion be Legal or not if it be not Legal then I am sure our Religion will not justifie the using such a Course for never so good an End. My Lord for the thing it self I do admire that they in so long a time and search that they have made should not which I expected produce more Presidents of such a Paper as this is They challenge us to shew that ever there was any such Declaration as this I 'le turn the same Challenge upon them Shew me any one instance that ever so many Bishops did come under pretence of a Petition to reflect upon the King out of Parliament Sir Robert Sawyer Is that your way of Answering Mr. Attorney Mr. Attorney General Pray Sir Robert Sawyer you have had your time don't interrupt us sure we have as much right to be heard as you Lord Chief Iustice. You have been heard over and over again Sir Robert Sawyer already Sir Robert Sawyer My Lord I don't intend to interrupt him Mr. Solicitor General We cannot make them be quiet they will still be chopping in upon us Mr. Attorney General That is an Art that some People have always practised not to permit any body to speak but themselves But my Lord I say that those few Instances that they have produced are nothing at all to this Matter that is now upon Trial before your Lordship and this Jury nay they are Evidences against them for they are only matters transacted in Parliament which are no more to be applied to this thing that is in Controversy now than any the most remote matter that could be thought of and though they have gone so high in point of time as to the Reign of Richard the Second yet they have nothing between that and the late Kings Reign to which at last they have descended down But my Lord I say that all the talk of Richard the Seconds time is wholly out of the Case truly I do not doubt but that in Richard the Seconds time they might find a great many Instances of some such sort of Petitioning as this for our Histories tell us that at that time they had 40000 Men in Arms against the King and we know the troubles that were in that Kings Reign and how at length he was deposed but certainly there may be found Instances more applicable to the Case than those they produce as for those in King Charles the Seconds time do they any ways justifie this Petition for now they are upon justifying the words of their Petition that this power has been declared to be illegal in 1662 1672 and 1685. For what was done in 1662 do they shew any thing more than some Debates in the House of Commons And at last an Address an Answer by the King a Reply of the Commons and then the thing dies Pray my Lord is a Transaction in the House of Commons a Declaration of Parliament Sure I think no one will affirm that any thing can be a Declaration of Parliament unless he that is the Principal part Concurs who is the King for if you speak of the Court of Parliament in a Legal sense you must speak of the whole Body King Lords and Commons and a Declaration in Parliament must be by all the whole Body and that is properly an Act of Parliament Why then they come to the year 1672 where your Lordship observes that the late King did insist upon his Right for after the Dispute which was in 1662 his Majesty did issue out another Declaration and when it comes to be debated in Parliament he insists upon his Right in Ecclesiastical Matters and though his Declaration was Cancelled yet there is no formal Disclaimer of the Right My Lord after all how far these things that they have offered may work as to the point that they have debated I shall not now meddle with it nor give your Lordship any trouble about it because it is not at all pertinent to the Case in question for I do after all this time and pains that they have spent take leave to say

intrusted in him to the Peace and Establishment of the Church of England and the ease of all his Subjects in general Neither does he pretend to the Right of Suspending any Laws wherein the Properties Rights or Liberties of any of his Subjects are concerned nor to alter any thing in the established Doctrine or Discipline of the Church of England But his only design in this was to take off the Penalties the Statutes inflicted upon Dissenters which he believes when well considered of you your selves would not wish executed according to the Rigour and Letter of the Law neither hath he done this with any thought of avoiding or precluding the Advice of his Parliament and if any Bill shall be offered which shall appear more proper to attain the aforesaid Ends and secure the Peace of the Church and Kingdom when tendred in due manner to him he will shew how readily he will Concur in all ways that shall appear good for the Kingdom Sir Rob. Sawyer Turn to the 26th of February 1672. Clerk read Die Mercurii xxij February 1672. Mr. Powle Reports from the Committee appointed to consider of an Answer to return to his Majesties last Message upon the debate of the House an Answer agreed by the Committee and drawn up and put into Writing which he read in his place and then delivered the same in at the Clerks Table where it was twice read and is as followeth viz. Most Gracious Sovereign WE your Majesties most Humble and Loyal Subjects the Knights Citizens and Burgesses in this present Parliament Assembled do render to your most Sacred Majesty our most dutiful Thanks for that to our unspeakable Comfort your Majesty has been pleased so often to reiterate unto us those gracious Promises and Assurances of maintaining the Religion now Established and the Liberties and Properties of your People and we do not in the least Measure doubt but that your Majesty had the same gracious Intention in giving Satisfaction to your Subjects by your Answer to our last Petition and Address Yet upon a serious Consideration thereof We find that the said Answer is not sufficient to clear the Apprehensions that may justly remain in the minds of your People by your Majesties having claimed a Power to suspend Penal Statutes in Matters Ecclesiastical and which your Majesty does still seem to assert in the said Answer to be intrusted in the Crown and never questioned in the Reigns of any of your Ancestors Wherein we humbly conceive your Majesty has been very much Misinformed Since no such Power ever was claimed or exercised by any of your Majesties Pred●…ssors and if it should be admitted might tend to the interrupting the free Course of the Laws and altering the Legislative Power which hath always been acknowledged to reside in your Majesty and your two Houses of Parliament We therefore with an unanimous Consent become again most humble Suiters unto your Sacred Majesty That you would be pleased to give us a full and satisfactory Answer to our said Petition and Address and that your Majesty would take such effectual order that the Proceedings in this Matter may not for the future be drawn into Consequence or Example The Answer to his Majesties Message was again read by Paragraphs and the several Paragraphs to the last were upon the question severally agreed The last Paragraph being read and the Question being put that the Word unanimous should stand in the Paragraph The House divided The Noes go out Tellers Lord St. Iohn Mr. Vaughan for the Yeas 180. Sir Richard Temple Sir Philip Howard for the Noes 77. And so it was resolved in the Affirmative The Question being put to agree to the Paragraph it was resolved in the Affirmative Resolved c. That the whole Address be agreed to as it was brought in by the Committee Sir Rob. Sawyer Now turn to the Lords Journal and there your Lordship will see that the King does Communicate this Address to the Lords and desires their Advice Read the 1st of March 1672. Clerk reads Die Sabbati primo die Marcii 1672. His Majesty this Day made a short Speech as follows My Lords You know that at the Opening of this Session I spoke here to your Satisfaction it has notwithstanding begotten a greater disquiet in the House of Commons than I could have imagined I received an Address from them which I looked not for and I made them an Answer that ought to have contented them but on the contrary they have made me a Reply of such a nature that I cannot think fit to proceed any further in this Matter without your Advice I have commanded the Chancellor to acquaint you with all the Transactions wherein you will find both me and your selves highly concerned I am sensible for what relates to me and I assure you my Lords I am not less so for the Priviledg and the Honour of this House Afterwards the Lord Chancellor read the several Papers of Addresses of the House of Commons and his Majesties Answer thereunto and opened his Majesties proceedings upon them The Address of the House of Commons was read Sir Rob. Sawyer Pass over that you have read it already Clerk reads The next his Majesties Answer to the Address of the House of Commons was read as follows Sir Rob. Sawyer That hath been read too Clerk reads Then was read the Reply of the House of Commons to his Majesties Answer as followeth Mr. Finch You have read that likewise Clerk reads Upon this it is ordered that the Lord Treasurer Duke of Buckingham Earl of Bridgwater Earl of Northampton Earl of Bristol Earl of Berks Earl of Bullingbrook and the Earl of Anglesy do forthwith withdraw and consider what humble Thanks is fit to be given to his Majesty for his great Favour in communicating this Business to this House and report the same And accordingly the said Lords Committees did withdraw themselves for that purpose The Lords being returned the Duke of Buckingham reported what the Committee had prepared to present to his Majesty by way of Thanks which was read as followeth We the Lords Spiritual and Temporal in Parliament assembled do unanimously present to your Sacred Majesty Our most humble Thanks for having been pleased to Communicate to us what has passed between your Majesty and the House of Commons whereby you have graciously offered us the means of shewing our Duty to your Majesty and of asserting the Ancient Just Rights and Priviledges of the House of Peers The Question being put whether to agree with the Committee It was resolved in the Affirmative Ordered that his Majesty be desired that his Speech and the Papers read this day may be entred into the Journal Book of this House The Lord Treasurer the Duke of Buckingham and the Lord Chamberlain are appointed to attend his Majesty presently to know his pleasure what time and place this whole House shall wait upon him to present the humble Thanks of this House for his great Favour shewed this day