severe proceedings against their persons if they had found the House would have born it but also to have taken away the very liberty of Entring Protestations with Reasons but that was defended with so great Ability Learning and Reason by the L. Holles that they quitted the Attempt and the Debate run for some hours either wholly to raze the Protestation out of the Books or at least some part of it the Expression of Christian compassion to Protestant Dissenters being that which gave them most offence but both these ways were so disagreeable to the honor and priviledg of the House and the Latter to common Sense and Right that they despaired of carrying it and contented themselves with having voted That the Reasons given in the said Protestation did reflect upon the Honor of the House and were of dangerous consequence And I cannot here forbear to mention the Worth and Honor of that Noble Lord Holles suitable to all his former life that whilst the Debate was at the height and the Protesting Lords in danger of the Tower he begg'd the House to give hime leave to put his Name to that Protest and take his Fortune with those Lords because his sickness had forced him out of the House the day before so that not being at the Question he could not by the rules of the House Sign it This Vote against those twelve Lords begat the next day this following Protestation signed by 21. Whereas it is the undoubted priviledg of each Peer in Parliament when a Question is past contrary to his Vote and judgment to enter his Protestation against it and that in pursuance thereof the Bill entituled An Act to prevent the dangers which may may arise from persons disaffected to the Government being conceived by some Lords to be of so dangerous a Nature as that it was not fit to receive the countenance of a Committment those Lords did protest against the Commitment of the said Bill and the House having taken exceptions at some expressions in their Protestation those Lords who were present at the Debate did all of them severally and voluntarily declare That they had not intention to reflect upon any Member much less upon the whole House which as is humbly concâ—ived was more then in strictness did consist with that absolute freedom of Protesting which is inseparable from every Member of this House and was done by them meerly out of their great Respect to the House and their earnest desire to give all satisfaction concerning themselves and the clearness of their intentions Yet the House not satisfied with this their Declaration but proceeding to a Vote that the reasons given in the said Protestation do reflect upon the honor of the House and are of dangerous consequence which is in our humble Opinion a great discountenancing of the very liberty of Protesting We whose Names are under Written conceive our selves and the whole House of Peers extreamly concerned that this great Wound should be given as we humbly apprehend to so essential a priviledg of the whole peerage of this Realm as their liberty of Protesting do now according to our unquestionable Right make use of the same liberty to enter this our Dissent from and Protestation against the said Vote Bucks Winton Bedford Dorset Salisbury Bridgwater Denbigh Berks Clarendon Aylisbury Shaftsbury Say Seal Hallifax Audley Fits Water Eure Wharton Mohun Holles De la mer Grey Roll. After this Bill being committed to a Committee of the whole House the first thing insisted upon by the Lords against the Bill was that there ought to be passed some previus Votes to secure the Rights of Peerage and Priviledg of Parliament before they entred upon the debate or Amendments of such a Bill as this and at last two previous Votes were obtained which I need not here set down because the next Protestation hath them both in terminis Whereas upon the debate on the Bill entituled An Act to prevent the Dangers which may arise from Persons disaffected to the Government It was ordered by the house of Peers the 30th of Aprill last that no Oath should be imposed by any Bill or otherwise upon the Peers with a penalty in case of Refusal to lose their Places or Votes in Parliament or liberty to debate therein and whereas also upon debate of the same the Bill was ordered the Third of this instant May that there shall be nothing in this Bill which shall extend to deprive either of the Houses of Parliament or any of their Members of their just ancient Freedom and priviledg of debating any Matter or business which shall be propounded or debated in either of the said Houses or at any Conference or Committee of both or either of the said Houses of Parliament or touching the Repeal or Alteration of any Old or preparing any new Laws or the redressing any publick Grievance but that the said Members of either of the said Houses and the assistance of the House of Peers and every of them shall have the same freedom of Speech and all other Priviledges whatsoever as they had before the making of this Act. Both which Orders were passed as Previous directions unto the Committee of the whole House to whom the said Bill was committed to the end that nothing should remain in the said Bill which might any ways tend towards the depriving of either of the Houses of Parliament or any of their Members of their ancient freedom of Debates or Votes or other their priviledges whatsoever Yet the House being pleased upon the report from the Committee to pass a Vote That all Persons who have or shall have Right to sit and Vote in either House of Parliament should be added to the first enacted Clause in the said Bill whereby an Oath is to be imposed upon them as Members of either House which Vote We whose Names are under Written being Peers of this Realm do humbly conceive is not agreeable to the said two Previous Orders and it having been humbly offered and insisted upon by divers of us that the Proviso in the late Act Entituled An Act for preventing Dangers that may happen from Popish Recusants might be added to the Bill depending Whereby the Peerage of every Peer of this Realm and all their Priviledges might be preserved in this Bill as fully as in the said late Act Yet the House not pleasing to admit of the said Proviso but proceeding to the passing of the said Vote We do humbly upon the Grounds aforesaid and according unto our undoubted Right enter this our Dissent from and Protestation against the same Bucks Bedford Winton Salisbury Berks Bridgwater Stamford Clarendon Denbigh Dorset Shaftsbury Wharton Eure De la mer Pagitt Mohun This was their last Protestation for after this they alter'd their Method and reported not the Votes of the Committee and parts of the Bill to the House as they past them but took the same Order as is observed in other Bills not to report unto the
A LETTER From a Person of QUALITY To His FRIEND In the COUNTRY Printed in Year 1675. A Letter from a Person of Quality to His Friend in the Country SIR THis Session being ended and the Bill of the Test neer finished at the Committee of the whole House I can now give you a perfect Account of this STATE MASTER-PIECE It was first hatch't as almost all the Mischiefs of the World have hitherto been amongst the Great Church Men and is a Project of several Years standing but found not Ministers bold enough to go through with it unâ—il these new ones who wanting a better Bottom to support them beâ—ook themselves wholly to this which is no small Undertaking if you consider it in its whole Extent First to make a distinct Party from the rest of the Nation of the High Episcopal Man and the Old Cavalier who are to swallow the hopes of enjoying all the Power and Office of the Kingdom being also tempted by the advantage they may recieve from overthrowing the Act of Oblivion and not a little rejoycing to think how valiant they should prove if they could get any to fight the Old Quarrel over again Now they are possest of the Arms Foâ—ts and Ammunition of the Nation Next they design to have the Government of the Church Sworne to as Vnalterable and so Tacitely owned to be of Divine Right which though inconsistent with the Oath of Supremacy yet the Church Men easily break through all Obligations whatsoever to attain this Station the advantage of which the Prelate of Rome hath sufficiently taught the World Then in requital to the Crown they declare the Government absolute and Arbitrary and allow Monarchy as well as Episcopacy to be Iure Divino and not to be bounded or limited by humane Laws And to secure all this they resolve to take away the Power and opportunity of Parliaments to alter any thing in Church or State only leave them as an instrument to raise Money and to pass such Laws as the Court and Church shall have a mind to The Attempt of any other how necessary soever must be no less a Crime then Perjury And as the topstone of the whole Fabrique a pretence shall be taken from the Jealousies they themselves have raised and a real necessiâ—y from the smallness of their Partie to encrease and keep up a standing Army and then in due time the Cavalier and Church-man will be made greater fools but as errant Slaves as the rest of the Nation In order to this The first step was made in the Act for Regulating Corporations wisely beginning that in those lesser Governments whiâ—h they meant afterwards to introduce upon the Governâ—ent of the Nation and making them Swear to a Declaration and beleif of such propositions as themselves afterwards upon debate were enforced to alter and could not justifie in those words so that many of the Wealthyest Worthyest and Soberest Men are still kept out of the Magistracy of those places The next step was in the Act of the Militia which went for most of the cheifest Nobility and Gentry being obliged as Lord-Lieutenants Deputy-Lieutenants c. to Swear to the same Declaration and Belief with the addition only of these words In persuance of such Military Commissions which makes the Matter rather worse then better Yet this went down smoothly as an Oath in fashion a testimony of Loyalty and none adventuring freely to debate the matter the humor of the Age like a strong Tide carries Wise and good Men down before it This Act is of a piece for it establisheth a standing Army by a Law and swears Us into a Military Government Immediately after this Followeth the Act of Vniformity by which all the Clergy of England are obliged to subscribe and declare what the Corporations Nobility and Gentry had before Sworn but with this additional clause of the Militia Act omitted This the Clergy readily complyed with for you know That sort of Men are taught rather to obey then understand and to use that Learning they have to justify not to examine what their Superiors command And yet that Bartholomew day was fatal to our Church and Religion in throwing out a very great Number of Whorthy Learned Pious and Orthodox Divines who could not come up to this and other things in that Act And it is an Oath upon this occasion worâ—h your knowledg that so great was the Zeal in carrying on this Church affair and so blind was the Obedience required that if you compute the time of the passing this Act with the time allowed for the Clergy to subscribe the Book of Common Prayer thereby established you shall plainly find it could not be Printed and distributed so as one Man in forty could have seen and read the Book they did so perfectly Assent and Consent to But this Matter was not compleat until the Five Mile Act passed at Oxford wherein they take an opportunity to introduce the Oath in the terms they would have it This was then strongly opposed by the L. Treasurer Southampton Lord Wharton L. Ashley and others not only in the Concern of those poor Ministers that were so severely handled but as it was in it Self a most Unlawful and Unjustifyable Oath however the Zeal of that time against All Nonconformists easily passed the Act. This Act was seconded the same Sessions at Oxford by another Bill in the House of Commons to have imposed that Oath on the whole Nation and the Providence by which it was thrown out was very remarquable for Mr. Peregrine Bertie being newly chosen was that morning introduced into the House by his Brother the now Earl of Lindsey and Sir Tho. Osborn now L. Treasurer who all Three gave their Votes against that Bill and the Numbers were so even upon the division that their three Votes carried the Question against it But we owe that Right to the Earl of Lindsey and the Lord Treasurer as to acknowledg tâ—at they have since made ample Satisfaction for whatever offence they gave either the Church or Court in that Vote Thus our Church became Triumphant and continued so for divers years the dissenting Protestant being the only Enemy and therefore only persecuted whilest the Papists remained undisturbed being by the Court tâ—ought Loyal and by our Great Bishops not dangerous they differing only in Doctrine and Fundamentalls but as to the Government of the Church that was in their Religion in its highest Exaltation This Dominion continued unto them untill the L. Clifford a Man of a daring and ambitious spirit made his way to the cheif Ministery of Affairs by other and far different measures and took the opportunity of the War with Holland the King was then engaged in to propose the Declaration of Indulgence that the Dissenters of all sorts as well Protestants as Papists might be at rest and so vast a number of People not be made desperate at Home while the King was engaged with so potent an Enemy abroad This was no
pressure laid upon them but to be made uncapable of Office Court or Armes and to pay so much as might bring them at least to a ballance with the Protestants for those chargable Offices they are lyable unto and concluded with this that he desired me seriously to weigh wheâ—her Liberty and Propriety were likely to be maintained long in a Countrey like Ours where Trade is so absolutely necessary to the very being as well as prosperity of it and in this Age of the World if Articles of Faith and Matters of Religion should become the only accessible ways to our Civil Rights Thus Sir You have perhaps a better account of the Declaration then you can receive from any other hand and I could have wisht it a longer continuance and better Reception then it had for the Bishops took so great Offence at it that they gave the Alarum of Popery through the whole Nation and by their Emissaries the Clergy who by the Connexture and Subordination of their Government and their being posted in every Parish have the Advantage of a quick dispersing their Orders and a sudden and universal Insinuation of whatever they please raised such a cry that those good and sober Men who had really long feared the Encrease and continuance of Popery had hitherto received began to believe the Bishops were in earnest their Eyes opened though late and therefore joyned in heartily with them so that at the next meeting of Parliament the Protestants Interest was run so high as an Act came up from the Commons to the H. of Lords in favor of the dissenting Protestants and had passed the Lords but for want of time Besides another excellent Act passed the Royal Assent for the Excluding all Papists from Office in the Opposition of which the L. Treasurer Clifford fell and yet to prevent his ruine this Sessions had the speedier End Notwithstanding the Bishops attain'd their Ends fully the Declaration being Cancelled and the great Seal being broken off from it The Parliament having passed an Act in favor of the Dissenters and yet the sense of both Houses sufficiently declared against all Indulgence but by Act of Parliament Having got this Point they used it at first with seeming Moderation there were no general Directions given for prosecuting the Non-conâ—ormists but here and there some of the most Confiding Justices were made use of to try how they could receive the Old Persecution for as yet the Zeal raised against the Papists was so great that the worthyest and soberest of the Episcopal party thought it necessary to unite with the dissenting Protestants and not to divide their Party when all their Forces were little enough In this posture the Sessions of Parliament that began Oct. 27. 1673. tound Matters which being suddenly broken up did nothing The next Sessions which began Ian 7. following the Bishops continued their Zeal against the Papists and seem'd to carry on in joyning with the Countrey Lords many excellent Voâ—es in order to a Bill as in particular That the Princes of the Blood-Royal should all Marry Protestants and many others but their favor to dissenting Protestants was gone and they attempted a Bargain with the Countrey Lords with whom they then joyned not to promote any thing of that nature except the bill for taking away Assent and Consent and renouncing the Covenant This Session was no sooner ended without doing any thing but the whole Clergy were instructed to declare that there was now no more danger of the Papists The Phanatique for so they call the dissenting Protestant is again become the only dangerous Enemy and the Bishops had found a Scoth Lord and two new Ministers or rather Great Officers of England who were desperate and rash enough to put their Masters business upon so narrow and weak a bottom and that old Covenanter Lauderdale is become the Patron of the Church and has his Coach and table fil'd with Bishops The Keeper and the Treasurer are of a just size to this affair for it is a certain rule with the Church Men to endure as seldom as they can in business Men abler then themselves But his Grace of Scotland was least to be executed of the Three for having fall'n from Presbitery Protestaant Religion and all principles of Publick good and private friendship and become the Slave of Clifford to carry on the Ruine of all that he had professed to support does now also quit even Clifford's generous Principles and betake himself to a soâ—t of Men that never forgive any Man the having once been in the right and such Men who would do the worst of things by the worst of means enslave their country and betray them under the mask of Religion which they have the publick Pay for and charge off so seething the Kid in the Mothers milk Our Statesmen and Bishops being now as well agreed as in Old Land's time on the same principles with the same passion to attain their end they in the first place give orders to the Judges in all their Circuits to quicken the Execution of the Laws against Dissenters a new Declaration is published directly contrary to the former most in words against the Papists but in the Sense and in the close did fully serve against both and in the Execution it was plain who were meant A Commission besides comes down directed to the principal Gentlemen of each country to seize the Estates of both Papists and Phanatiques mentioned in a Liâ—t annexed wherein by great misfortune or skill the Names of the Papists of best quality and fortune and so best known were mistaken and the Commission render'd ineffectual as to them Besides this the great Ministers of State did in their common publick assure the partie that all the places of Profit Command and Trust should only be given to the old Cavalier no Man that had served or been of the contrary Party should be left in any of them And a direction is issued to the Great Ministers before mentioned and Six or seven of the Bishops to meet at Lambeth-House who were like the Lords of the Articles in Scotland to prepare their compleat Modell for the ensuing Session of Parliament And now comes this memorable Session of Aprill 13. 75. then which never any came with more expectation of the Court or dread and apprehension of the People the Officers Court Lords and Bishops were clearly the major Vote in the Lords House and they assured themselves to have the Commons as much at their dispose when they reckoned the number of the Courtiers Officers Pensioners encreased by the addition of the Church and Cavalier party besides the Address they had made to Men of the best quality there by hopes of Honor great employment and such things as would take In a word the French King's Ministers who are the great Chapmen of the World did not out-doe ours at this time and yet the over ruling hand of God has blown upon their Politicks and the Nation is escaped this
Session like a Bird out of the snare of the Flower In this Sessions the Bishops wholly laid aside their Zeal against Popery The Committee of the whole House for Religion which the Country Lords had caused to be set up again by the example of the former Sessions could hardly get at any time a day appointed for their Sitting and the main thing design'd for a Bill voted in the former Session viz. the marrying our Princes to none but Protestants was rejected and carryed in the Negative by the unanimous Votes of the Bishops Bench for I must acquaint you that our great Prelates were so neer an Intallibility that they were always found in this Session of one mind in the Lords House yet the Lay Lords not understanding from how excellent a Principle this proceeded commonly called them for that reason the dead Weight and they really proved so in the following business for the third day of this Session this Bill of Test was brought into the Lords House by the Earl of Lindsey L. High Chamberlain a person of great quality but in this imposed upon and received its first reading and appointment for the second without much opposition the Country Lords being desirous to observe what weight they put upon it or how they designed to manage it At the second reading the L. Keeper and some other of the Court Lords recommended the Bill to the House in Set and Elaborate Speeches the Keeper calling it A moderate Security to the Church and Crown and that no honest Man could refuse it and whosoever did gave great suspition of Dangerous and Anti-Monarchicall Principles the other Lords declame very much upon the Rebellion of the late Times the great number of Phanatiques the dangerous principles of rebellion still remaining carrying the Discourse on as if they meant to trample down the Act of Oblivion and all those whose Securities depended on it But the â—arl of Shaftsbury and some other of the Country Lords earnestly prest that the Bill might be laid aside and that they might not be engaged in the debate of it or else that that Freedom they should be forced to use in the necessary defence of their Opinion and the preserving of their Laws Rights and Liberties which this Bill would overthrow might not be misconstrued For there are many things that must be spoken upon the debate both concerning Church and State that it was well known they had no mind to hear Notwithstanding this the great Officers and Bishops called out for the Question of referring the Bill to a Committee but the Earl of Shaftsbury a Man of great Abilities and knowledg in Affairs and one that in all these variety of changes of this last Age was never known to be either bought or frighted out of his publick Principles at Large opened the mischievous and ill designs and consequences of the Bill which as it was brought in required all Officers of Church and State and all Members of both Houses of Parliament to take this Oath following J. A. B. do declare that it is not Lawful upon any pretence whatsoever to take up Armes against the King and that I do abhorr that Traiterous position of taking Armes by His authority against His Person or against those that are commission'd by Him in pursuance of such Commission And I do swear that I will not at any time endeavor the Alteration of the Government either in Church or State so help me God The Earl of Shaftsbury and other Lords spake with such convincing Reason that all the Lords who were at liberty from Court-Engagements resolved to oppose to the uttermost a Bill of so dangerous consequence and the debate lasted Five several days before it was committed to a Committee of the whole House which hardly ever happened to any Bill before All this and the following debates were managed cheifly by the Lords whose Names you will find to the following Protestations the First whereof was as followeth We whose Names are under Written being Peers of this Realm do according to our Rights and the ancient Vsage of Parliaments declare that the Question having been put whether the Bill entitled an Act to prevent the danger which may arise from Persons disaffected to the Government doth so far intrench upon the Priviledges of This House that it ought therefore to be cast out It being resolved in the Negative We do humbly conceive that any Bill which imposeth an Oath upon the Peers with a Penalâ—y as this doth that upon the refusal of that Oath They shall be made uncapable of Sitting and Voting in this House as it is a thing unpresidented in former Times so is it in Our humble Opinion the highest Invasion of the Liberties and Priviledges of the Peerage that possibly may be and most destructive of the Freedom which they ought to enjoy as Members of Parliament because the priviledges of Sitting and Voting in Parliament is an Honor they have by Birth and a Right so inherant in them and in separable from them as that nothing can take it away but what by the Law of the Land must withal take away their Lives and corrupt their Blood upon which ground we do here enter our Dissent from that Vote and our Protestation against it Buckingham Bridgwater Winchester Salisbury Bedford Dorset Aylisbury Bristol Denbigh Pagitt Holles Peter Howard E. of Berks Mohun Stamford Hallifax De la mer Eure Shaftsbury Clarendon Grey Roll. Say Seal Wharton The next Protestation was against the Vote of committing the Bill in the words following The Question being put whether the Bill Entituled An Act to prevent the Dangers which may arise from Persons disaffected to the Government should be commited It being carried in the Affirmative and We after several days debate being in no measure Satisfied but still apprehending that this Bill doth not only subvert the Priviledges and birth-right of the Peers by imposing an Oath upon them with the penalty of losing their Places in Parliament but also as We humbly conceive stick at the very root of Government it being necessary to all Government to have freedom of Votes and Debates in those who have power to alter and make Laws and besides the express words of this Bill obliging every Man to abjure all Endeavors to alter the Government in the Church without regard to any thing that rules of Prudence in the Government or Christian compassion to Protestant Dissenters or the necessity of Affairs at any time shall or may require Vpon these Considerations We humbly conceive it to be of dangerous consequence to have any Bill of this Nature so much as Committed and do enter our Dissents from that Vote and Protestation against it Buckingham Winton Salisbury Denbigh Bristol Howard of Berks Clarendon Stamford Shaftsbury Wharton Mohun De la mer Which Protestation was no sooner entred and subscribed the next day but the great Officers and Bishops raised a storm against the Lords that had Subscrib'd it endeavouring not only some
House untill they â—ad gone through with the Bill and so report all the Amendments together This they thought a way of more Dispach and which did prevent all Protestations untill it came to the House for the Votes of a Committe though of the whole House are not thought of that weight as that there should be allowed the entering a Dissent of them or Protestation against them The Bill being read over at the Committee the Lord Keeper objected against the form of it and desired that he might put it in another Method which was easily allowed him that being not the Dispute But it was observeable the Hand of God was upon them in this whole Affair their Chariot-wheels were taken off they drew heavily A Bill so long design'd prepared and of that Moment to all their Affairs had hardly a sensible Composure The first part of the Bill that was fallen upon was whether there should be an Oath at all in the Bill and this was the only part the Court-Partie defended with Reason for the whole Bill being to enjoyn an Oath the House migâ—t reject it but the Committee was not to destroy it Yet the Lord Hallifax did with that quickness Learning and Elegance which are inseparable from all his Discourses make appear that as there really was no Security to any State by Oaths so also no private Person much less States-Man would ever order his Affairs as relying on it no Man would ever sleep with open Doors or unlockt up Treasure or Plate should all the Town be sworn not to Rob So that the use of multiplying Oaths had been most commonly to Exclude or disturb some honest Consciencious Men who would never have prejudiced the Government It was also insisted on by that Lord and others that the Oath imposed by the Bill contained Three Clauses the two former Assertory and the last Promissory and that it was worthy the Consideration of the Bishops Whether Assertory Oaths which were properly appointed to give testimony of a matter of Fact whereof a Man is capable to be fully assured by the evidence of his Senses be lawfully to be made use of to Confirm or Invalidate Doctrinal Propositions and whether that Legislative power which imposes such an Oath doth not necessarily assume to it self an Infallibility And as for Promâ—ssory Oaths It was desired that those Learned Prelates would consider the Opinion of Grotius de jure Bellj pacis lib. 2. cap. XIII who seems to make it plain that those kind of Oaths are forbidden by our Saviour Christ Mat. 5. 34 37. and whether it would not become the Fathers of the Church when they have well weighed that and other places of the New Testament to be more tender in multiplying Oaths then hitherto the great Men of the Church have been But the Bishops carried the Point and an Oath was ordered by the major Vote The next thing in Consideration was about the Persons that should be enjoyned to take this Oath and those were to be all such as enjoyed any beneficial Office or Employment Ecclesiastical Civil or Military and no farther went the Debate for some hours until at last the Lord Keeper rises up and with an eloquent Oration desires to add Privy Counsellors Iustices of the Peace and Members of both Houses The two former particularly mentioned only to usher in the latter which was so directly against the two Previous Votes the first of which was enroll'd amongst the standing Orders of the House that it wanted a Man of no less assurance in his Eloquence to propose it and he was driven hard when he was forced to tell the House that they were Masters of their own Orders and Interpretation of them The next consideration at the Committee was the Oath it self and it was desired by the Countrey Lords that it might be clearly known whether it were meant all for an Oath or some of it a Declaration and some an Oath If the latter then it was desired it might be distinctly parted and that the Declaratory part should be subscribed by it self and not sworn There was no small pains taken by the Lord Keeper and the Bishops to prove that it was brought in the two first parts were only a Declaration and not an Oath and though it was replyed that to declare upon ones Oath or to abhorr upon ones Oath is the same thing with I do Swear yet there was some difficulty to obtain the dividing of them and that the Declaratory part should be only Subscribed and the rest Sworn to The Persons being determin'd and this division agreed to the next thing was the parts of the Declaration wherein the first was J A. B. do declare that it is not lawful upon any pretence whatsoever to take up Armes against the King This was lyable to great Objections for it was said it might introduce a great change of the Government to oblige all the Men in great Trust in England to declare that exact Boundary and Extent of the Oath of Allegiance and inforce some things to be Stated that are much better involv'd in Generals and peradventure are not capable of another way of expression without great wrong on the one side or the other There is a Law of 25 Edw. 3. that Armes shall not be taken up against the King and that it is Treason to do so and it is a very just and reasonable Law but it is an idle question at best to ask whether Armes in any case can be taken up against a lawful Prince because it necessarily brings in the debate in every Man's mind how there can be a distinction then left between Absolute and Bounded Monarchys if Monarchs have only the fear of God and no fear of humane Resistance to restrain them And it was farther urged that if the chanâ—e of humane Affairs in future Ages should give the French King a just Title and Investiture in the Crown of England and he should avowedly own a design by force to change the Religion and make his Government here as Absolute as in France by the extirpation of the Nobility Gentry and principal Citizens of the Protestant Party whether in such or like Cases this Declaration will be a Service to the Government as it is now establisht Nay and it was farther said that they overthrow the Government that suppose to place any part of it above the fear of Man For in our English Government and all bounded Monarchys where the Prince is not absolute there every individual Subject is under the fear of the King and His People either for breaking the Peace or disturbing the common Interest that every Man hath in it or if he invades the Person or Right of his Prince he invades his whole People who have bound up in him and derive from Him all their Liberty Property and Safety As also the Prince himself is under the fear of breaking that Golden Chain and Connexture between Him and his People by making his interest contrary to
the penalty of 500 l. and also that this Act had a direct retrospect which ought neâ—er to be in Penall Laws for this Act punishes Men for having an Office without taking this Oath which office before this Law pass they may now lawfully enjoy without it Yet notwithstanding it provides not a power in many cases for them to part with it before this Oath overtake them For the clause whoever is in Office the 1. September will not relieve a Justice of the Peace who being once Sworn is not in his own power to be left out of commission and so might be instanced in several other cases as also the members of the House of Commons were not in their own power to be unchosen and as to the Lords they were subjected by it to the meanest condition of Mankind if they could not enjoy their Birthright without playing Tricks sutable to the Humour of every Age and be enforced to swear to every fancie of the present times Three years ago it was All Liberty and Indulgence and now it is Strict and Rigid Conformity and what it may be in some short time hereafter without the Spirit of Prophesying might be shrewdly guest by a considering Man This being answerd with silence the Duke of Buckingham whose Quality admirable Wit and unusual pains that he took all along in the debate against this Bill makes me mention Him in this last place as General of the partie and coming last out of the Field made a Speech late at night of Eloquent and well placed Non-sense showing how excellently well he could do both ways and hoping that might do when Sense which he often before used with the highest advantage of Wit and Reason would not but the Earl of Winchilsea readily apprehending the Dialect in a short reply put an end to the Debate and the major Vote ultima ratio Senatuum Conciliorum carried the Question as the Court and Bishops would have it This was the last Act of this Tragi-Comedy which had taken up sixteen or seventeen whole days debate the House sitting many times till eight or nine of the Clock at night and sometimes till Midnight but the business of priviledg between the two Houses gave such an interruption that this Bill was never reported from the Committee to the House I have mention'd to You divers Lords that were Speakers as it fell in the Debate but I have not distributed the Arguments of the debate to every particular Lord. Now you know the Speakers your curiosity may be satisfied and the Lords I am sure will not quarrel about the division I must not forget to mention those great Lords Bedford Devonshire and Burlington for the Countenance and support they gave to the English Interest The Earl of Bedford was so brave in it that he joyn'd in three of the Protests So also did the Earl of Dorset and the Earl of Stamford a Young Noble Man of great hopes The Lord Eure the Lord Viscount Say and Seal and the Lord Pagitt in two the Lord Audley and the Lord Fitzwater in the 3 d and the Lord Peter a Noble Man of great Estate and always true to the maintenance of Liberty and Property in the first And I should not have omitted the Earl of Dorset Lord Audley and the Lord Peter amongst the Speakers for I will assure you they did their parts excellently well The Lord Viscount Hereford was a steady Man among the Countrey Lords so also was the Lord Townsend a Man justly of great Esteem and power in his own countrey and amongst all those that well know him The Earl of Carnarvon ought not to be mention'd in the last place for he came out of the Countrey on purpose to oppose the Bill stuck very fast to the Countrey partie and spoke many excellent things against it I dare not mention the Roman Catholick Lords and some others for fear I hurt them but thus much I shall say of the Roman Catholick Peers that if they were safe in their Estates and yet kept out of Office their Votes in that House would not be the most unsafe to England of any sort of Men in it As for the absent Lords the Earl of Ruttland Lord Sandys Lord Herbert of Cherbury Lord North and Lord Crew ought to be mentiond with Honor having taken care their Votes should maintain their own interest and opinions but the Earls of Exceter and Chesterfield that gave no proxies this Sessions the Lord Montague of Boughton that gave his to the Treasurer and the Lord Roberts his to the Earl of Northampton are not easily to be understood If you ask after the Earl of Carlisle the Lord Viscount Falconbridge and the Lord Berkely of Berkley Castle because you find them not mentioned amongst their old Friends all I have to say is That the Earl of Carlisle stept aside to receive his Pention the Lord Berkely to dine with the Lord Treasurer but the Lord Viscount Falconberg like the Noble Man in the Gospel went away sorrowfull for he had a Great Office at Court but I despair not of giving you a better account of them next Sessions for it is not possible when they consider that Cromwell's Major General Son in law and Friend should think to find their Accounts amongst Men that set up on such a bottom Thus Sir You see the Standard of the new Partie is not yet set up but must be the work of another Session though it be admirable to me how the King can be enduced to venture His Affairs upon such weak Counsels and of so fatal consequences for I believe it is the first time in the World that ever it was thought adviseable after fifteen years of the highest Peace Quiet and Obedience that ever was in any Countrey that there should be a pretense taken up and a reviving of former miscarriages especially after so many Promises and Declarations as well as Acts of Oblivion and so much merit of the Offending partie in being the Instruments of the King 's Happy Return besides the putting so vast a number of the King's Subjects in uâ—ter despair of having their crimes ever forgotten and it must be a great Mistake in Counsels or worse that there should be so much pains taken by the Court to debase and bring low the House of Peers if a Military Government be not intended by some For the Power of Peerage and a standing Army are like two Buckets the proportion that one goes down the other exactly goes up and I refer you to the consideration of all the Histories of ours or any of our neighbor Northern Monarchies whether standing forces Military and Arbitrary government came not plainly in by the same steps that the Nobility were lessened and whether when ever they were in Power and Greatness they permitted the least shadow of any of them Our own Countrey is a clear instance of it For though the White Rose and the Red chang'd fortunes often to the ruine slaughter and beheading
without Reordination but no Protestant Minister not Episcopally ordain'd but is required to be reordain'd as much as in us lies unchurching all the forreign Protestants that have not Bishops though the contrary was both allowâ—d and practis'd from the beginning of the Reformation till the time of that Act and several Bishops made of such as were never ordain'd Priests by Bishops Moreover the Vncharitableness of it was so much against the Interest of the Crown and Church of England casting off the dependency of the whole Protestant partie abroad that it would have been bought by the Pope and French King at a vast summ of Money and it is difficult to conceive so great an advantage fell to them meerly by chance and without their help so that he thought to endeavor to alter and restore the Liturgy to what it was in Queen Elizabeths days might consist with his being a very good Protestant As to the Catachisme he really thought it might be mended and durst declare to them it was not well that there was not a better made For the Homilies he thought there might be a better Book made and the 3. Hom. of Repairing and keeping clean of Churches might be omitted What is yet stranger then all this The Canons of our Church are directly the old Popish Canons which are still in force and no other which will appear if you turn to the Stat. 25. Hen. 8. cap. 19 confirmed and received by 1. Eliz. where all those Canons are establish'd untill an alteration should be made by the King in pursuance of that Act which thing was attempted by Edward the 6th but not perfected and let alone ever since for what reasons the Lords the Bishops could best tell and it was very hard to be obliged by Oath not to endeavour to alter either the English Common-Prayer book or the Canon of the Mass. But if they meant the latter That the Protestant Religion is contein'd in all those but that every part of those is not the Protestant Religion then â—e apprehended it might be in the Bishops Power to declare ex post facto what is the Protestant Religion or not or else they must leave it to every man to judge for himself what parts of those books are or are not and then their Oath had been much better let alone Much of this nature was said by that Lord and Others and the great Officers and Bishops were so hard put to it that they seemed willing and convinced to admit of an Expedient The Lord Wharton and Old and Expert Parliament Man of eminent Piety and Abilities beside a great Friend to the Protestant Religion and Interest of England offer'd as a cure to the whole Oath and what might make it pass in all the 3 parts of it without any farther debate the addition of these words at the latter end of the Oath Viz. as the same is or shall be establish'd by Act of Parliament but this was not endured at all when the Lord Grey of Rollston a worthy and true English Lord offered another Expedient which was the addition of words by force or fraud to the beginning of the Oath and then it would run thus I do swear not to endeavor by force or fraud to alter this was also a cure that would have passed the whole Oath and seemed as if it would have carried the whole House The Duke of York and Bishop of Rochester both secondâ—ng it but the Lord Treaâ—urer who had privately before consented to it speaking against it gave the word and sign to that party and it being put to the question the major Vote answered all arguments and the L. Grey's Proposition was laid aside Having thus carried the question relying upon their strength of Votes taking advantage that those expedients that had been offered extended to the whole Oath though but one of the 3 Clauses in the Oath had been debated the other two not mentioned at all they attempted strongly at nine of the Clock at night to have the whole Oath put to the question and though it was resolutely opposed by the Lord Mohun a Lord of great courage and resolution in the Publick Interest and one whose own personal merits as well as his Fathers gave him a just title to the best favors of the Court yet they were not diverted but by as great a disorder as ever was seen in that House proceeding from the rage those unreasonable proceedings had caused in the Country Lords they standing up in a clump together and crying out with so loud a conâ—inued Voice Adjourn that when silence was obtain'd Fear did what Reason could not do cause the question to be put only upon the first Clause concerning Protestant Religion to which the Bishops desired might be added as it is now established and one of the eminentest of those were for the Bill added the words by Law so that as it was passed it ran I A. B. do swear that I will not endeavor to alter the Protestant Religion now by Law established in the Church of England And here observe the words by Law do directly take in the Canons though the Bishops had never mentioned them And now comes the consideration of the latter part of the Oath which comprehends these 2 Clauses viz. nor the Goverment either in Church or State wherein the Church came first to be considerd And it was objected by the Lords against the Bill that it was not agreeable to the King's Crown and Dignity to have His Subjects sworn to the Government of the Church equally as to Himself That for the Kings of England to swear to maintain the Church was a diffeâ—ent thing from enjoyning all His Officers and both His Houses of Parliament to swear to them It would be well understood before the Bill passed what the Government of the Church we are to swear to is and what the Boundaries of it whether it derives no Power nor Authority nor the exercise of any Power Authority or Function but from the King as head of the Church and from God as through him as all his other Officers do For no Church or Religion can justify it self to the Government but the State Religion that ownes an entire dependency on and is but a branch of it or the independent Congregations whilest they claim no other power but the exclusion of their own members from their particular Communion and endeavor not to set up a Kingdom of Christ to their own use in this World whilest our Saviour hath told us that His Kingdom is not of it for otherwise there would be Imperium in imperio and two distinct Supream Powers inconsistent with each other in the same place and over the same persons The Bishops alâ—eadged that Priesthood and the Power thereof and the Authorities belonging thereunto were derived immediately from Christ but that the license of exercising that Authority and Power in any Country is derived from the civil Magistrate To which was replied that it was a
dangerous thing to secure by Oath and Act of Parliament those in the exercise of an Authority and power in the King's Country and over His Subjects which being received from Christ himself cannot be altered or limitted by the King's Laws and that this was directly to set the Mitre above the Crown And it was farther offered that this Oath was the greatest attempt that had been made against the King's Supremacy since the Reformation for the King in Parliament may alter diminish enlarge or take away any Bishoprick He may take any part of a Diocess or a whole Diocess and put them under Deans or other Persons â—or if this be not lawful but that Episcopacy should be jure divino the maintaining the Government as it is now is unlawful since the Deans of Hereford and Salisbury have very large tracts under their jurisdiction and several Parsons of Parishes have Episcopal jurisdiction so that at best that Government wants alteration that is so imperfectly settled The Bishop of Winchester affirmed in this debate several times that there was no Christian Church before Calvin that had not Bishops to which he was answered that the Albigenses a very numerous People and the only visible known Church of true beleivers of some Ages had no Bishops It is very true what the Bishop of Winchester replyd that they had some amongst them who alone had power to ordain but that was only to commit that power to the Wisest and Gravest Men amongst Them and to secure ill and unfit Men from being admitted into the Ministery but they exercis'd no jurisdiction over the others And it was said by divers of the Lords that they thought Episcopal Government best for the Church and most suitable for the Monarchy but they must say with the Lord of Southampton upon the occasion of this Oath in the Parliament of Oxford I will not be sworn not to take away Episcopacie there being nothing that is not of Divine Precept but such circumstances may come in humane affairs as may render it not Eligible by the best of Men. And it was also said that if Episcopacy be to be received as by Divine Precept the King's Supremacy is overthrown and so is also the opinion of the Parliaments both in Edw. 6. and Queen Elizabeths time and the constitution of our Church ought to be altered as hath been shewd But the Church of Rome it self hath contradicted that Opinion when She hath made such vast tracts of ground and great numbers of Men exempt from Episcopal jurisdiction The Lord Wharton upon the Bishops claim to a Divine Right asked a very hard question viz. whether they then did not claim withall a power of Excommunicating their Prince which they Evading to answer and being press'd by some other Lords said they never had done it Upon which the Lord Hallifax told them that that might well be for since the Reformation they had hitherto had too great a dependance on the Crown to venture on that or any other Offence to it and so the debate passed on to the third Clause which had the same exceptions against it with the two former of being unbounded How far any Man might meddle and how far not and is of that extent that it overthrew all Parliaments and left them capable of nothing but giving Money For what is the business of Parliaments but the alteration either by adding or taking away some part of the Government either in Church or State and every new Act of Parliament is an alteration and what kind of Government in Church and State must that be which I must swear upon no alteration of Time emergencie of Affairs nor variation of humane Things never to endeavor to alâ—er Would it not be requâ—site that such a Government should be given by God himself and that withall the Ceremonie of Thunder and Lightening and visible appearance to the whole People which God vouchsafed to the Chrildren of Israel at Mount Sinaj and yet you shall no where read that they were sworn to it by any oath like this nay on the Contrary the Princes and the Rulers even those recorded for the best of them did make severâ—l variations The Lord Stafford a Noble Man of great Honor and Candour but who had been all along for the Bill yet was so far convinced with the debate that he freely declared there ought to be an addition to the Oath for preserving the freedom of debates in Parliament This was strongly urged by the never to be forgotten Earl of Bridgwater who gave reputation and strength to this Cause of England as did also those worthy Earls Denbigh Clarendon and Aylisbury Men of great Worth and Honor. To Salve all that was said by these and the Other Lords The Lord Keeper and the Bishops urged that there was a Proviso which fully preserved the Priviledges of Parliament and upon farther enquiry there appearing no such but only a Previous vote as is before mention'd they allowâ—d that that Previous vote should be drawn into a Proviso and added to the Bâ—ll and then in their opinion the Exception to the Oath for this cause was perfectly removed but on the other side it was offered that a positive absolute Oath being taken a Proviso in the Act could not dispence with it without some reference in the body of the Oath unto that Proviso but this also was utterly denied untill the next day the debate going on upon other matters the Lord Treasurer whose authority easily obtained with the major Vote reassumed what was mentioned in the Debates of the proceeding days and allow'd a reference to the Proviso so that it then past in these words I A. B. do swear that I will not endeavor to alter the Protestant Religion now by Law Establisht in the Church of England nor the Government of this Kingdom in Church or State as it is now by Law established and I do take this Oath according to the meaning of this Act and the Proviso contain'd in the same so help me God There was a passage of the very greatest observation in the whole debate and which with most clearness shewd what the great Men and Bishops aimed at and should in order have come in before but that it deserved so particular a consideration that I thought best to place it here by it self which was that upon passing of the Pâ—oviso for preserving the Rights and Priviledges of Parliaments made out of the Previous Votes It was excellently observ'd by the Earl of Bullingbrook a Man of great Abilitie and Learning in the Laws of the Land and perfectly stedfast in all good English Principles that though that Proviso did preserve the freedom of Debates and Votes in Parliament yet the Oath remain'd notwithstanding that Proviso upon all Men that shall take as a prohibition either by Speech or Writing or Address to endeavor any alteration in Religion Church or State nay also upon the Members of both Houses otherwise then as they speak and vote in