the Presbyterians at this period showed a tendency to split into two factions; the older ministers, variously styled 'dons' and 'five-mile men,' and the younger, nicknamed 'ducklings.' Their differences were of no vital importance, but Lord St. Albans and Ennis found great difficulty in preventing an open rupture.

By December, 1671, it was taken for granted by those close to the king, that the issue of a declaration of indulgence was merely a matter of time. Williamson was so convinced on this point that he proceeded to lay down the principles that must govern its construction. 'As to all consolidation,' he writes, 'let the rule be as wide as may be, and then a provision for liberty to for liberty to all Dissenters under certain incapacities This to be first framed by the King with all secrecy, upon feeling of the pulsies of all parties.'102 The secrecy advised by Williamson was well maintained. Mournfully discussing their gloomy prospects one moment, dissenters and Roman Catholics were the next moment filled with joy by the king's 'gracious' Declaration of Indulgence, March 15th, 1672.

102 C.S.P.D., 1671-2, pp. 44-6.

CHAPTER V

THE DECLARATION OF INDULGENCE.

1672-3

SEEMINGLY the work of a few days, the Declaration was in reality the work of almost as many years. Since his return from exile, Charles had been moving, sometimes, it is true, unconsciously, but none the less surely, towards this end. On his arrival in England in 1660, he had quite failed to appreciate the strength of the feeling against the sects and in favour of the old order of church government. In his ignorance he had imagined that it would be no difficult task so to settle the religious question as to secure toleration for Roman Catholics as well as for dissenters. Failing in this he had tried to persuade parliament to his course, only to be foiled by his chosen minister and by a strongly Episcopalian Commons. Contrary to their wishes he could do nothing, for they controlled supplies, and knew the advantage they held. Consequently, he had left matters to take their own course, caring little so long as he himself secured his fill of this world's pleasures. The fall of Clarendon had opened up new possibilities at last, as he was reminded by his boon companions, he was king in fact as well as in name. nett result had been more failures, more disappointments. Distasteful as it might be, the truth had been brought home to him that Clarendon, in promoting the several penal laws, had only been acting in accordance with the feelings of a parliament which had still to be faced. Now, at length, his opportunity had arrived. By his secret treaty with France he had money sufficient to enable him to dispense for some time with parliamentary aid. By virtue of his supremacy in matters ecclesiastical, which parliament itself had re-asserted in 1670, he would ignore parliament and gain his end by proclamation. Hence the Declaration which was now published:-1

:

Charles Rex.

The

'Our care and endeavours for the preservation of the rights and interests of the church, have been sufficiently manifested to the world, by the whole course of our government since our

1 Neal, iv, p. 461. At the same time a similar declaration was issued in Scotland, but the Council at Edinburgh returned it, desiring some amendments, not thinking it fitting that Nonconformists should be so largely indulged.' (C.S.P.D., 1671-2, p. 288.)

happy restoration, and by the many and frequent ways of coercion that we have used for reducing all erring or dissenting persons, and for composing the unhappy differences in matters of religion, which we found among our subjects upon our return; but it being evident by the sad experience of twelve years, that there is very little fruit of all these forcible courses,2 we think ourselves obliged to make use of that supreme power in ecclesiastical matters, which is not only inherent in us, but hath been declared and recognised to be so, by several statutes and acts of Parliament; and therefore we do now accordingly issue this our declaration, as well for the quieting of our good subjects in these points, as for inviting strangers in this conjecture to come and live under us; and for the better encouragement of all to a cheerful following of their trades and callings,3 from whence we hope, by the blessing of God, to have many good and happy advantages to our government; as also for preventing for the future the danger that might otherwise arise from private meetings and seditious conventicles.

'And in the first place, we declare our express resolution, meaning and intention to be, that the Church of England be preserved, and remain entire in its doctrine, discipline and government, as now it stands established by law; and that this be taken to be, as it is, the basis, rule, and standard of the general and public worship of God, and that the orthodox conformable clergy do receive and enjoy the revenues belonging thereunto, and that no person, though of a different opinion and persuasion, shall be exempt from paying his tithes or dues whatsoever. And further we declare, that no person shall be capable of holding any benefice, living, or ecclesiastical dignity or preferment of any kind, in this our kingdom of England, who is not exactly conformable.

'We do in the next place declare our will and pleasure to be, that the execution of all, and all manner of penal laws in matters ecclesiastical, against whatsoever sort of nonconformists or recusants, be immediately suspended, and they are

2 Cf. James II's declaration of 1687: And in this we are the more confirmed by the reflections we have made upon the conduct of the four last reigns. For after all the frequent and pressing endeavours that were used in each of them, to reduce the kingdom to an exact conformity in religion, it is visible the success has not answered to the design, and that the difficulty is invincible.' (Cardwell, ii, 309.)

3 Cf. James II's declaration of 1687: conscience ought not to be constrained, nor people forced in matters of mere religion: it has ever been contrary to our inclination, as we think it is to the interest of government, which it destroys by spoiling trade, depopulating countries, and discouraging strangers, and finally, that it never obtained the end for which it was employed.' (Cardwell, ii, 309.)

hereby suspended; and all judges, judges of assize and gaol delivery, sheriffs, justices of peace, mayors, bailiffs and other officers whatsoever, whether ecclesiastical or civil, are to take notice of it, and pay due obedience thereto.

'And that there may be no pretence for any of our subjects to continue their illegal meetings and conventicles, we do declare, that we shall from time to time allow a sufficient number of places as they shall be desired, in all parts of this our kingdom, for the use of such as do not conform to the church of England, to meet and assemble in order to their public worship and devotion, which places shall be open and free to all persons.

'But to prevent such disorders and inconveniences as may happen by this our indulgence, if not duly regulated; and that they may be the better protected by the civil magistrate; our express will and pleasure is, that none of our subjects do presume to meet in any place, until such places be allowed, and the teacher of that congregation be approved by us.

'And lest any should apprehend that this restriction should make our said allowance and approbation difficult to be obtained, we do further declare, that this our indulgence as to the allowance of the public places of worship, and approbation of the preachers, shall extend to all sorts of nonconformists and recusants, except the recusants of the Roman Catholic religion, to whom we shall in no wise allow public places of worship, but only indulge them their share in the common exemption from the penal laws, and the exercise of their worship in their private houses only.

'And if after this our clemency and indulgence any of our subjects shall pretend to abuse this liberty, and shall preach seditiously, or to the derogation of the doctrine, discipline or government, of the established church, or shall meet in places not allowed by us, we do hereby give them warning, and declare we will proceed against them with all imaginable severity. And we will let them see, we can be as severe to punish such offenders when so justly provoked, as we are indulgent to truly tender consciences.

Given at our court at Whitehall this 15th day of March, in the four and twentieth year of our reign.'

It is impossible to trace with any accuracy and in detail the progress of the declaration through the various committees of the Council, on account of the absence of reliable contemporary evidence. In his diary, Williamson, who was in a position to give valuable information, devotes three

4 S.P.D., Car. 11, 319 A.

interesting but exceedingly meagre entries to the subject. He notes that on March 6th, the proposal to grant an indulgence to 'tender consciences' was first debated. Eight days later a draft copy was formed and accepted at the Foreign committee of the Council, a committee which was usually consulted on important questions both of foreign and domestic policy. The following day the Council, at which were present all the members of the Cabal besides others,5 passed the Declaration and gave orders for it to be printed and published. Some trouble was caused by Bridgeman, who was persuaded with difficulty to put the seal to the measure.6 Many men at the time expressed their conviction that the Declaration was 'shot out of the grand minister's (ie., Shaftesbury's) quiver." It must be confessed that the wording of the document suggests the pen of Shaftesbury. The reasons given for its publication bear great resemblance to those given in his memorial of 1669. Were he its author, his motives at all events were worthy. He held that some such concessions were necessary in the interests of trade, which could not prosper while articles of faith were the only road of access to civil rights. Protestantism, too, he maintained, would be firmly established only by toleration, which, far from injuring the Church of England, would eventually prove to be for its interest, inasmuch as it would lead men into a broader way, to live peaceably with dissenting and differing Protestants at home and abroad. As for Roman Catholics, he pointed out that they had by the Declaration no greater advantage than they already possessed by the connivance of the bishops.

But it is more probable that Clifford was the real prime mover. Locke, the intimate friend of Shaftesbury, maintains that the measure was proposed by Clifford, whose motive was not only the establishing of the Roman Catholic religion, but also the building up of a monarchy after the pattern of that of the Tudors. This same Declaration was to be the first step. Grant liberty of conscience, he argued, which men value above all else, place upright judges in Westminster Hall to decide

5 There were present:-King, D.'s of York, Buckingham, and Monmouth; Earls of Bridgewater, Bath, Anglesey, Craven, Lauderdale; Lds. Arlington, Newport, Holles, Ashley; the Treasurer, Vice-Chamberlain; Secy. Trevor, Sir John Duncombe and the Master of the Ordnance. (Privy C. R., x, p. 193.)

6 Bridgeman did not surrender the seals, as Burnet asserts, rather than be in any way responsible for the declaration. He surrendered them on November 17, 1672, refusing to seal commissions for martial law or to issue injunctions stopping suits brought against Bankers by victims of the stopping of the Exchequer. ('Examen,' p. 38. Hatton Corresp., Nov. 19, 1672.)

7 Cf. Oldmixon, i, 566; ‘Examen,' 38; Clarke's ‘Jas. II,' i, 488.