weight they put upon it, or how they designed
to manage it.-At the second reading, the
Lord-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 whoever did gave great suspicion of
dangerous and antimonarchical principles;
the other lords declaimed very much upon the
rebellion of the late times, the great number
of Fanatics, the dangerous principles of re-
bellion still remaining; carrying the discourse
on, as if they meant to trample down the Act
of Oblivion and all those whose security de-
pended on it. But the earl of Shaftsbury,
and some other of the country lords, earnestly
pressed that they might not be engaged in the
debate of it; or else that the 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
knowledge in affairs, and one in all these
variety of changes of this last age, was never
known to be either bought, or frighted out
of his public principles, at large opened the
mischievous, and ill designs and consequences
of the Bill, which, as it was brought in, required
all officers of the Church and State, and mem-
bers of both houses of parliament, to take this
Oath following:

passion, to attain their end, they in the first
place gave orders to the Judges in all the circuits
to quicken the execution of the laws against
Dissenters: a new Declaration is published di-
rectly 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 Fanatics,
mentioned in a List annexed, wherein, by
great misfortune or skill, the names of Papists
of best quality and fortune (and so best known)
were mistaken, and the commission rendered
ineffectual as to them.-Besides this, the great
ministers of state did in their commion public
talk assure the party, that all places of profit,
command, and trust should only be given to
the old Cavaliers; no man that had served, or
been of the contrary party, should be left in
any of them and a direction is to issue to the
great ministers betore mentioned, and six or
seven of the bishops to meet at Lambeth-
House, who were, like the Lords of the Articles
of Scotland, to prepare their complete model
for the ensuing session of parliament.-And
now comes this memorable Session of April
the 13th, 1675, than 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 ma-
jor vote in the lords house; and they assured
themselves to have the commons as much at
their disposal, when they reckoned the number
of courtiers, officers, pensioners, increased by
the addition of the Church and Cavalier-party,
besides the address they made to men of the
best quality there, by hopes of honour, great
employments, and such things as would take.
In a word, the French king's ministers, who
are the great chapmen of the world, did not
outdo ours this time, and yet the over-ruling
hand of God has blown upon their politics, and
the nation is escaped this session, like a bird out
of the snare of the fowler.-In this session the
Bishops wholly laid aside their zeal against Po-
pery. 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
designed for a Bill voted in the former session,
viz. the marrying our Princes to none but Pro-
testants, was rejected, and carried in the
negative by the unanimous votes of the Bishops-mitted to a committee of the whole house,
bench; 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 L. L.C. 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

6

'I, A. B. do declare, that it is not lawful, upon any pretence whatsoever, to take up 'Arms against the king; and that I do abhor 'that traiterous position of taking Arms by his authority, against his person, or against those that are commissioned by him in pursuance ' of such commission: and I do swear, t at I will not at any time endeavour 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 a consequence and the debate lasted five several days before it was com

which hardly ever happened to any bill before.
All this and the following debates were ma-
naged chiefly by the lords, whose names you
will find to the following Protestations; the
first whereof was entered April the 21st, and is
as followeth :

'We whose Names are underwritten, being peers of this realm, do, according to our rights, and the antient usage of parliaments, 'declare, that the Question having been put, whether the Bill, entitled, An Act to pre

vent the Dangers which may arise from Per- | only at some severe proceedings against their 'sons disaffected to the Government' doth so 'far retrench upon the privileges 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 penalty, 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 unprecedented in former times, so is it, in our humble opinion, the highest invasion of the liberties and privileges of the peerage that possible may be, and most destructive of the freedom which they ought to enjoy as members of parliament, because the privileges of sitting and voting in parliament is an honour they have by birth, and a right so inherent in them, and inseparable 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, Bridgewater, Winchester, Salisbury, Bedford, Dorset, Ailsbury, Bristol, 'Denbigh, Paget, Hollis, Petre, Howard, E. of Berks, Mohun, Stamford, Hallifax, Delamer, Eure, Shaftsbury, Clarendon, Grey de Rolle" stone, Say and Seal, Wharton.'

The next Protestation was against the Vote of committing the Bill (April 26) in the words following:

"The Question being put, Whether the Bill, 'entitled, 'An Act to prevent the Dangers which may arise from Persons disaffected to the Government,' should be committed; 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 privileges and birthright of the peers, by imposing an Oath upon them, with the penalty of losing their places in parliament, but also, as we humbly con'ceive, strike at the very root of government; it being necessary to all governments 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 endeavours 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 : upon these considerations, we humbly con'ceive it to be of dangerous consequence to have any bill of this nature so much as com'mitted, 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, Delamer.'

Which Protestation was no sooner entered and subscribed the next day, but the great officers and bishops raised a storm against the lords that had subscribed it: endeavouring not

persons, if they had found the house would have borne it, but also to have taken away the very liberty of entering Protestations with reasons; but that was defended with so great ability, learning, and reason by the lord Hollis, that they quitted the attempt, and the debate ran for some hours either wholly to erase 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 honour and privilege 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 honour of the house, and were of dangerous consequence. And I cannot here forbear to mention the worth and honour of that noble lord Hollis, suitable to all his former life, that, when the debate was at the height, and the protesting lords in danger of the lower, he begged the house to give him 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 12 lords begat the next day this following Protestation signed by 21.

Whereas it is the undoubted privilege of cach 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 entitled, 'An Act 'to prevent the Dangers which 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 commitment; 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 no inten'tion to reflect upon any member, much less upon the whole house, which, as is humbly 'conceived, was more than in strictness did consist with that absolute freedom of protesting, which is inseparable from every member of this house, and was done by them merely 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 'honour 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, conceiving ourselves and the 'whole house of peers extremely concerned

agreeable to the said two previous Orders:
and it having been humbly offered and in-
sisted upon by divers of us, that the Proviso
in the late Act, entitled, An Act for pre-
venting Dangers that may happen from
Popish Recusants,' might be added to the
bill depending, whereby the peerage of every

'Winton, Bedford, Dorset, Salisbury, Bridge-peer of this realm, and all their privileges,

water, Denbigh, Berks, Clarendon, Ailsbury, Shaftsbury, Say and Seal, Hallifax, Audley, Fitzwalter, Eure, Wharton, Mohun, Hollis, 'Delamer, Grey de Rollestone.'

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 hum-
bly, upon the grounds aforesaid, and ac-

Dissent from, and Protestation against the
same. Buckingham, Bedford, Winton, Salis-
bury, Berks, Bridgewater, Stamford, Claren-
don, Denbigh, Dorset, Shaftsbury, Wharton,
Eure, Delamer, Paget, Mohun.'

After this Bill being committed to a committee of the whole house, the first thing in-cording to our undoubted right, enter this our sisted upon by the lords against the bill, was, that there ought to be passed some previous Votes to secure the rights of peerage and parliament, before they entered 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 debate on the Bill, entitled, 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 April 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, it was ordered, the 3rd 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, antient 'freedom and privilege 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 redressing any public grievance; but that the said members of either of the said houses, and the assistants of the house of peers, and every of them, shall have the same freedom of speech, and all other privileges 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 antient 'freedom of debates, or votes, or other their 'privileges whatsoever. Yet the house being 'pleased, upon the Report from the com'mittee, 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 the realm, do humbly conceive, is not VOL. IV. Appendix.

This was their last Protestation; for after this they altered their method, and reported not the Votes of the committee, and parts of the bill to the house, as they passed them, but took the same Order as is observed in other bills, not to report unto the house, until they had gone through with the bill, and so report all the amendments together: this they thought a way of more dispatch, and which did prevent all Protestations, until it came to the house for the votes of a committee, though of the whole house, are not thought of that weight, as that there should be allowed the entering a Dissent from them, or Protestation against them.-The Bill being read over at a 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 not being the dispute. But it was observable the hand of God was upon them in this whole affair; their chariot-wheels were taken off, they drew heavily: a bill so long designed, 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 party defended with reason. For the whole bill being to enjoin an oath, the house might 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 statesman, would ever order his affairs as relying on it; no man would ever sleep with open doors, or unlocked-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, conscientious men, who would never have prejudiced the government. It was also insisted upon 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, whe

her, assertory Oaths, capable to be fully as- another way of expression, without great sured by the evidence of his senses, be law- wrong, on the one side or the other. There is fully to be made use of to confirm and invali- a law of 25 Edw. 3. that arms shall not be date doctrinal prepositions; and whether that taken up against the king, and that it is trealegislative power which imposeth such an oath, son to do so; and it is a very just and reasondoth not necessarily assume to itself an infal- able law: but it is an idle question at best, to ibility; aud, as for promissory Oaths, it was ask whether arms in any case can be taken up desired that those learned prelates would con- against a lawful prince, because it necessarily sider the opinion of Grotius de Jure Belli & brings in the debate in every man's mind, how Pacis, lib. ii. 13. who seems to make it plain, there can be a distinction then left between that those kind of Oaths are forbidden by our absolute and bounded monarchies, if monarchs Saviour Christ, Mat. v. 34, 37, and whether it have only the fear of God, and no fear of huwould not become the Fathers of the Church, man resistance to restrain them. And it was when they have well weighed that and other farther urged, that if the chance of human afplaces of the New Testament, to be more fairs, in future ages, should give the French tender in multiplying Oaths, than hitherto the king a just title and investiture in the crown great men of the Church have been? but the of England, and he should avowedly own a Bishops carried the point, and the Oath was design by force to change the Religion, and ordered by the major vote. The next thing in make his government here as absolute as in consideration, was about the Persons that France, by the extirpation of the nobility, should be enjoined to take this Oath; and gentry, and principal citizens of the Protesthose were to be all such as enjoyed any be- tant party; whether in such, or like cases, this neficial office or employment, ecclesiastical, Declaration be a service to the government, civil, or military; and no farther went the as it is now established: nay and it was fardebate for some hours, until at last the Lord-ther said, that they overthrow the government Keeper rises up, and with an eloquent oration that propose to place any part of it above the desires to add privy councellors, justices of the fear of man. For in our English government, peace, and members of both houses; the two and all bounded monarchies, where the prince former particularly mentioned only to usher in is not absolute, that every individual subject is the latter, which was so directly against the under the fear of the king and his people, two previous Votes; the first of which was en- either for breaking the peace, or disturbing the rolled amongst the Standing-Orders of the house common interest that every man hath in it; that it wanted a man of no less assurance in or if he invades the person or right of his his eloquence to propose it; and he was driven prince, he invades his whole people, who have hard, when he was forced to tell the house, bound up in him, and derive from him, all that they were masters of their own Orders, their liberty, property, and safety; as also the and interpretation of them.-The next consi-prince himself is under the fear of breaking deration at the committee, was the Oath it-that golden chain and connexture between him self; and it was desired by the country lords that it might be clearly known, whether it were meant all for an Oath, or some of it for 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 itself, and not sworn. There was no small pains taken by the Lord-Keeper and that party to prove, that as it was brought in, the two first parts were only a Declaration and not an Oath and though it was replied, that to declare upon one's oath, or to abhor upon one's 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 determined, and this division agreed to, the next thing was the parts of the Declaration, wherein the first was, 'I, A. B. do declare, that it is not lawful, upon any pretence whatsoever, to take up Arms against the king.' This was liable 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 enforce some things to be stated that are much better involved in generals, and peradventure are not capable of

:

and his people, by making his interest contrary to that they justly and rightly claim. and therefore neither our ancestors nor any other country, free like ours, whilst they preserved their liberties, did ever suffer any mercenary or standing guards to their prince, but took care that his safety should be in them, as theirs was in him. Though these were the Objections to this head, yet they were but lightly touched, and not fully insisted upon, until the debate of the second Head, where the scope of the design was opened clearer, and more distinct to every man's capacity. The second was, 'And that I do abhor that traiterous Position, of taking Arms by his authority against his Person. To this was objected, that if this be meant an explanation of the Oath of Allegiance, to leave men without pretence to oppose where the individual person of the king is, then it was to be considered, that the position, as it is here set down, is universal; and yet, in most cases, the position is not to be abhorred by honest or wise men for there is but one case, and that never like to happen again, wherein this position is in danger to be traiterous, which was the case of the Long Parliament, made perpetual by the king's own act, by which the government was perfectly altered, and made inconsistent with itself; but

the Declaration' was,

it is to be supposed the crown hath sufficient ( or against those that warning, and full power to prevent the falling are commissioned by him.' Here the mask again into that danger. But the other cases was plainly plucked off, and arbitrary governare many, and such as may every day occur, ment appeared bare-faced, and a Standing wherein this position is so far from traiterous, Army to be established by act of parliament; that it would prove both necessary and our for it was said by several of the lords, That duty. The famous instance of Henry 6. who if whatever is by the king's commission be being a soft and weak prince, when taken not opposed by the king's authority, then a prisoner by his cousin Edward 4. that pre- Standing Army is law whenever the king tended to the crown, and the great earl of pleases.'-For instance, if, in suit with a Warwick, was carried in their armies, gave great favourite, a man recovers house and what orders and commissions they pleased, lands, and by course of law be put into posand yet all those that were loyal to him ad- session by the sheriff, and afterwards a warrant hered to his wife and son, fought in a pitched is obtained by the interest of the person, to battle against him in person, and retook him; command some soldiers of the Standing Army this was directly taking up arms by his autho- to take the possession, and deliver it back; in rity against his person, and against those that such case, the mau in possession may justify were commissioned by him; and to this day the defending himself, and killing those who no man hath ever blamed them, or thought shall violently endeavour to enter the house, but that if they had done otherwise, they had yet the party whose house is invaded takes up betrayed their prince. The great case of Arins by the king's authority against those who Charles 6 of France, who being of a weak and are commissioned by him. And it is the same crazy brain, yet governed by himself, or rather case, if the soldiers had been commissioned to by his wife, a woman of passionate and heady defend the house against the sheriff, when he humour, that hated her son the Dauphin, a first endeavoured to take the possession acvigorous and brave prince, and passionately cording to law, neither could any Order or loved her daughter; so that she easily (being Commission of the king put a stop to the pressed by the victory of Henry 5 of England) sheriff, if he had done his duty in raising the complied to settle the crown of France upon whole force of that county to put the law in him, to marry her daughter to him, and own execution; neither can the court, from whom his right, contrary to the Salique Law. This that Order proceeds, (if they observe their oath was directly opposed with arms and force by and duty) put any stop to the execution of the the Dauphin, and all good Frenchmen, even law in such a case, by any command or com in his father's life-time. A third instance is mission from the king whatsoever; nay, all the that of king James, of blessed memory, who, guards and standing forces in England cannot when he was a child, was seized and taken be secured by any commission from being a prisoner by those, who were justly thought no direct riot, and unlawful assembly, unless in friends to his crown or safety; and if the case time of open war and rebellion. And it is not should be put, that a future king of England out of the way to suppose, that if any king of the same temper with Henry 6 or Charles 6 hereafter, contrary to the Petition of Right, of France, should be taken prisoner by Spa- demand and levy money by privy seal, or otherniard, Dutch, or French, whose over-growing wise, and cause soldiers to enter and distrain power should give them thoughts of vast em- for such like illegal taxes, that in such a case pire, and should, with the person and commis- any man may by law defend his house against sion of the king, invade England for a con- them; and yet this is of the same nature with quest, were it not suitable to our loyalty to the former, and against the words of the Dejoin with the son of that king, for the defence claration. These instances may seem someof his father's crown and dignity, even against what rough, and not with the usual reverence his person and commission? In all these and towards the crown; but they alleged, they the like cases, it was not justified, but that the were to be excused, when ali was concerned: strict letter of the law might be otherwise and without speaking thus plain, it is refused construed, and, when wisely considered, fit it to be understood; and, however happy we are should be so; yet that it was not safe either now, either in the present prince, or those we for the kingdom or person of the king and his have in prospect, yet the suppositions are not crown, that it should be in express words extravagant, when we consider kings are but sworn against; for, if we shall foreswear all men, and compassed with more temptations distinctions which ill men have made ill use of, than others; and, as the earl of Salisbury, who either in rebellion or heresy, we must extend stood like a rock of nobility, and English printhe Oath to all particulars of divinity and ciples, excellently replied to the Lord Keeper, politics. To this the aged bishop of Win- who was pleased to term them remote inchester replied,That to take up Arms in stances, That they would not hereafter prove 'such cases, is not against, but for the Person so, when this Declaration had made the pracof the King.' But his lordship was told,tice of them justifiable.'-These arguments That he might then as well, nay much better, have left it upon the old Oath of Allegiance, than made such a wide gap in his new Declaration. The third and last part of

enforced the lords for the Bill, to a change of this part of the Declaration; so they agreed the second and third parts of it should run thus: And I do ahhor that traiterous posi