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
The dismissal of Rochester was followed up at no great distance of
time, by the famous declaration for liberty of conscience, suspending
the execution of all penal laws concerning religion, and freely
pardoning all offences against them, in as full a manner as if each
individual had been named. He declared also his will and pleasure that
the oaths of supremacy and allegiance, and the several tests enjoined
by statutes of the late reign, should no longer be required of any one
before his admission to offices of trust. The motive of this
declaration was not so much to relieve the Roman catholics from penal
and incapacitating statutes (which, since the king's accession and the
judgment of the court of king's bench in favour of Hales, were
virtually at an end), as by extending to the protestant dissenters the
same full measure of toleration, to enlist under the standard of
arbitrary power those who had been its most intrepid and steadiest
adversaries. It was after the prorogation of parliament that he had
begun to caress that party, who in the first months of his reign had
endured a continuance of their persecution.[112] But the clergy in
general detested the nonconformists still more than the papists, and
had always abhorred the idea of even a parliamentary toleration. The
present declaration went much farther than the recognised prerogative
of dispensing with prohibitory statutes. Instead of removing the
disability from individuals by letters patent, it swept away at once,
in effect, the solemn ordinances of the legislature. There was,
indeed, a reference to the future concurrence of the two houses,
whenever he should think it convenient for them to meet; but so
expressed as rather to insult, than pay respect to, their
authority.[113] And no one could help considering the declaration of a
similar nature just published in Scotland, as the best commentary on
the present. In that he suspended all laws against the Roman catholics
and moderate presbyterians, "by his sovereign authority, prerogative
royal, and absolute power, which all his subjects were to obey without
reserve;" and its whole tenor spoke, in as unequivocal language as his
grandfather was accustomed to use, his contempt of all pretended
limitations on his will.[114] Though the constitution of Scotland was
not so well balanced as our own, it was notorious that the Crown did
not legally possess an absolute power in that kingdom; and men might
conclude that, when he should think it less necessary to observe some
measures with his English subjects, he would address them in the same
strain.
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