The Judges, who were at this time on their spring circuits, were directed by the King to see those members who remained in the country, and to ascertain the intentions of each. The result of this investigation was, that a great majority of the House of Commons seemed fully determined to oppose the measures of the court.236 Among those whose firmness excited general admiration was Arthur Herbert, brother of the Chief Justice, member for Dover, Master of the Robes, and Rear Admiral of England. Arthur Herbert was much loved by the sailors, and was reputed one of the best of the aristocratical class of naval officers. It had been generally supposed that he would readily comply with the royal wishes: for he was heedless of religion; he was fond of pleasure and expense; he had no private estate; his places brought him in four thousand pounds a year; and he had long been reckoned among the most devoted personal adherents of James. When, however, the Rear Admiral was closeted, and required to promise that he would vote for the repeal of the Test Act, his answer was, that his honour and conscience would not permit him to give any such pledge. "Nobody doubts your honour," said the King; "but a man who lives as you do ought not to talk about his conscience." To this reproach, a reproach which came with a bad grace from the lover of Catharine Sedley, Herbert manfully replied, "I have my faults, sir: but I could name people who talk much more about conscience than I am in the habit of doing, and yet lead lives as loose as mine." He was dismissed from all his places; and the account of what he had disbursed and received as Master of the Robes was scrutinised with great and, as he complained, with unjust severity.237It was now evident that all hope of an alliance between the Churches of England and of Rome, for the purpose of sharing offices and emoluments, and of crushing the Puritan sects, must be abandoned. Nothing remained but to try a coalition between the Church of Rome and the Puritan sects against the Church of England.
On the eighteenth of March the King informed the Privy Council that he had determined to prorogue the Parliament till the end of November, and to grant, by his own authority, entire liberty of conscience to all his subjects.238 On the fourth of April appeared the memorable Declaration of Indulgence.
In this Declaration the King avowed that it was his earnest wish to see his people members of that Church to which he himself belonged. But, since that could not be, he announced his intention to protect them in the free exercise of their religion.
He repeated all those phrases which, eight years before, when he was himself an oppressed man, had been familiar to his lips, but which he had ceased to use from the day on which a turn of fortune had put it into his power to be an oppressor. He had long been convinced, he said, that conscience was not to be forced, that persecution was unfavourable to population and to trade, and that it never attained the ends which persecutors had in view. He repeated his promise, already often repeated and often violated, that he would protect the Established Church in the enjoyment of her legal rights. He then proceeded to annul, by his own sole authority, a long series of statutes. He suspended all penal laws against all classes of Nonconformists. He authorised both Roman Catholics and Protestant Dissenters to perform their worship publicly. He forbade his subjects, on pain of his highest displeasure, to molest any religious assembly. He also abrogated all those acts which imposed any religious test as a qualification for any civil or military office.239That the Declaration of Indulgence was unconstitutional is a point on which both the great English parties have always been entirely agreed. Every person capable of reasoning on a political question must perceive that a monarch who is competent to issue such a declaration is nothing less than an absolute monarch. Nor is it possible to urge in defence of this act of James those pleas by which many arbitrary acts of the Stuarts have been vindicated or excused. It cannot be said that he mistook the bounds of his prerogative because they had not been accurately ascertained. For the truth is that he trespassed with a recent landmark full in his view. Fifteen years before that time, a Declaration of Indulgence had been put forth by his brother with the advice of the Cabal. That Declaration, when compared with the Declaration of James, might be called modest and cautious. The Declaration of Charles dispensed only with penal laws. The Declaration of James dispensed also with all religious tests. The Declaration of Charles permitted the Roman Catholics to celebrate their worship in private dwellings only. Under the Declaration of James they might build and decorate temples, and even walk in procession along Fleet Street with crosses, images, and censers.
Yet the Declaration of Charles had been pronounced illegal in the most formal manner. The Commons had resolved that the King had no power to dispense with statutes in matters ecclesiastical.
Charles had ordered the obnoxious instrument to be cancelled in his presence, had torn off the seal with his own hand, and had, both by message under his sign manual, and with his own lips from his throne in full Parliament, distinctly promised the two Houses that the step which had given so much offence should never be drawn into precedent. The two Houses had then, without one dissentient voice, joined in thanking him for this compliance with their wishes. No constitutional question had ever been decided more deliberately, more clearly, or with more harmonious consent.