Chap. X. 7be HIS T 0 R Y of the PuRITANS. 721 atl: non-conformii1s were adjudged to perpetual imprifonment, or obliged King to abjnre (that is) depart. the realm never to return. _This terrible law Cl~a~~e~.1I. had lain dormant almoft e1ghty years, but was now rev1ved, and threat- ~ ened to be put in execution by the tories. The repeal paifed the houfe of commons with a high hand, but went heavily through the houfe of lords; the bijhops apprehending that the terror of the law might be of fame ufe; but when it fhould have been offered to the king for the royal Witbdraw 11 affent at the clofe of the fefllon, it was mifllng, and never heard of any by tbe clerk of more, the clerk of the crown having withdrawn it from the table, by the tbe cro·wn. king's particular order. The king (fays Burnet), had no mind openly to deny the bill, but lefs mind to pdfs it, and therefore this illegal method was taken, which was an high offence in the officer of the houfe, and would have been feverely punifhed in the next fefiion, if the parliament had not been abruptly diffolved. Thus the nolz-coriformijts were fawn to pieces between the king, the bifhops, and the parliament; when one par ty was willing to give them relief, the other always ftood in the way. The parliament was their enemy for about twelve years, and now t!.•ey are foftened, the king and the court bijbops are inflexible ; and his majei1y will rather facrifice the conftitution to his defpotic will, than exempt them from an old law which fubjetl:ed them to banifhment and death. However, the morning before the houfe was prorogued, January 1 o, J?otes of tbc two votes were paifed of a very extraordinary nature. " 1. Refolved commo11s, · " nemine contradicente, that it is the opinion if this boz!fe, that the afls qj' Eachard. " parliament made in tbe reigns of queen Elizabeth and king James a- " gailift popijh recujcmts, ought not to be extended againjt proteftant dif- " flnters. 2. Refolved, that it is the opinion of this houfe, that the pro- " jecution of proteftant dijjenters upon the penal laws, is at tbis time grievous " to tbe jitbjefl, a weakening tbe proteftant intereft, an encouragement to " popery, and dangerous to tbe peace qf tbe kingdom." Bi!hop Burnet Jays, p. 49 •• thtfe refolutions were thought an invafion of the legiilature, when one ) houfe pretended to fufpend the execution of the laws; which was to atl: like diCtators in the ftate. But with all due fnbmiflion I iliould think, that this cannot be conftrued a fufpenfion of thofe laws, and that a houfe of commons, which is not fuffered to fit and repeal laws, or when they have repealed them have their bills withdrawn illegally by the crown, may have liberty to declare their judgment, that the continuance of thofe laws is burdenfome to the ftate. They muft do fo (fays Mr. Coke), in order p. 561. to a repeal. If the bill for the repeal of the old popifh atl: de bceretico comburendo for burning beretics, which the parliament were afraid might be revived in a popifh reign, had been loft in this manner, might not the parliament have declared the execution of that law a VOL. II. 4 Z weaken-
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