Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
[191] Ralph, 418. See the _Life of James_, 501. It contains chiefly an
absolute promise of pardon, a declaration that he would protect and
defend the church of England as established by law, and secure to its
members all the churches, universities, schools, and colleges,
together with its immunities, rights, and privileges, a promise not to
dispense with the test, and to leave the dispensing power in other
matters to be explained and limited by parliament, to give the royal
assent to bills for frequent parliaments, free elections, and
impartial trials, and to confirm such laws made under the present
usurpation as should be tendered to him by parliament. "The king," he
says himself, "was sensible he should be blamed by several of his
friends for submitting to such hard terms; nor was it to be wondered
at, if those who knew not the true condition of his affairs were
scandalised at it; but after all he had nothing else to do."--P. 505.
He was so little satisfied with the articles in this declaration
respecting the church of England, that he consulted several French and
English divines, all of whom, including Bossuet, after some
difference, came to an opinion that he could not in conscience
undertake to protect and defend an erroneous church. Their objection,
however, seems to have been rather to the expression than the plain
sense; for they agreed that he might promise to leave the protestant
church in possession of its endowments and privileges. Many too of the
English Jacobites, especially the non-juring bishops, were displeased
with the declaration, as limiting the prerogative; though it contained
nothing which they were not clamorous to obtain from William. P. 514.
A decisive proof how little that party cared for civil liberty, and
how little would have satisfied them at the revolution, if James had
put the church out of danger! The next paragraph is remarkable enough
to be extracted for the better confirmation of what I have just said.
"By this the king saw he had out-shot himself more ways than one in
this declaration; and therefore what expedient he would have found in
case he had been restored, not to put a force either upon his
conscience or honour, does not appear, because it never came to a
trial; but this is certain, his church of England friends absolved him
beforehand, and sent him word, that if he considered the preamble, and
the very terms of the declaration, he was not bound to stand by it, or
to put it out verbatim as it was worded; that the changing some
expressions and ambiguous terms, so long as what was principally aimed
at had been kept to, could not be called a receding from his
declaration, no more than a new edition of a book can be counted a
different work, though corrected and amended. And indeed the preamble
showed his promise was conditional, which they not performing, the
king could not be tied; for my Lord Middleton had writ, that, if the
king signed the declaration, those who took it engaged to restore him
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