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,
