The defenders of James have frequently pleaded in his excuse the judgment of the Court of King's Bench, on the information collusively laid against Sir Edward Hales: but the plea is of no value. That judgment James had notoriously obtained by solicitation, by threats, by dismissing scrupulous magistrates, and by placing on the bench other magistrates more courtly. And yet that judgment, though generally regarded by the bar and by the nation as unconstitutional, went only to this extent, that the Sovereign might, for special reasons of state, grant to individuals by name exemptions from disabling statutes. That he could by one sweeping edict authorise all his subjects to disobey whole volumes of laws, no tribunal had ventured, in the face of the solemn parliamentary decision of 1673, to affirm.
Such, however, was the position of parties that James's Declaration of Indulgence, though the most audacious of all the attacks made by the Stuarts on public freedom, was well calculated to please that very portion of the community by which all the other attacks of the Stuarts on public freedom had been most strenuously resisted. It could scarcely be hoped that the Protestant Nonconformist, separated from his countrymen by a harsh code harshly enforced, would be inclined to dispute the validity of a decree which relieved him from intolerable grievances. A cool and philosophical observer would undoubtedly have pronounced that all the evil arising from all the intolerant laws which Parliaments had framed was not to be compared to the evil which would be produced by a transfer of the legislative power from the Parliament to the Sovereign. But such coolness and philosophy are not to be expected from men who are smarting under present pain, and who are tempted by the offer of immediate ease.
A Puritan divine, could not indeed deny that the dispensing power now claimed by the crown was inconsistent with the fundamental principles of the constitution. But he might perhaps be excused if he asked, What was the constitution to him? The Act of Uniformity had ejected him, in spite of royal promises, from a benefice which was his freehold, and had reduced him to beggary and dependence. The Five Mile Act had banished him from his dwelling, from his relations, from his friends, from almost all places of public resort. Under the Conventicle Act his goods had been distrained; and he had been flung into one noisome gaol after another among highwaymen and housebreakers. Out of prison he had constantly had the officers of justice on his track; he had been forced to pay hushmoney to informers; he had stolen, in ignominious disguises, through windows and trapdoors, to meet his flock, and had, while pouring the baptismal water, or distributing the eucharistic bread, been anxiously listening for the signal that the tipstaves were approaching. Was it not mockery to call on a man thus plundered and oppressed to suffer martyrdom for the property and liberty of his plunderers and oppressors? The Declaration, despotic as it might seem to his prosperous neighbours, brought deliverance to him. He was called upon to make his choice, not between freedom and slavery, but between two yokes; and he might not unnaturally think the yoke of the King lighter than that of the Church.
While thoughts like these were working in the minds of many Dissenters, the Anglican party was in amazement and terror.
This new turn in affairs was indeed alarming. The House of Stuart leagued with republican and regicide sects against the old Cavaliers of England; Popery leagued with Puritanism against an ecclesiastical system with which the Puritans had no quarrel, except that it had retained too much that was Popish, these were portents which confounded all the calculations of statesmen. The Church was then to be attacked at once on every side and the attack was to be under the direction of him who, by her constitution, was her head. She might well be struck with surprise and dismay. And mingled with surprise and dismay came other bitter feelings; resentment against the perjured Prince whom she had served too well, and remorse for the cruelties in which he had been her accomplice, and for which he was now, as it seemed, about to be her punisher. Her chastisement was just. She reaped that which she had sown. After the Restoration, when her power was at the height, she had breathed nothing hut vengeance.
She had encouraged, urged, almost compelled the Stuarts to requite with perfidious ingratitude the recent services of the Presbyterians. Had she, in that season of her prosperity, pleaded, as became her, for her enemies, she might now, in her distress, have found them her friends. Perhaps it was not yet too late. Perhaps she might still be able to turn the tactics of her faithless oppressor against himself. There was among the Anglican clergy a moderate party which had always felt kindly towards the Protestant Dissenters. That party was not large; but the abilities, acquirements, and virtues of those who belonged to it made it respectable. It had been regarded with little favour by the highest ecclesiastical dignitaries, and had been mercilessly reviled by bigots of the school of Laud but, from the day on which the Declaration of Indulgence appeared to the day on which the power of James ceased to inspire terror, the whole Church seemed to be animated by the spirit, and guided by the counsels, of the calumniated Latitudinarians.
