A Letter to a Person of Quality, from His Friend in the Country (1675)

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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 Ac-
count of this STATE MASTER-PIECE. It was first hatch’t (as al-
most 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, until these new ones, who wan-
ting a better Bottom to support them, betook 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 Epis-
copal 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 re-
joycing 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, Forts, and Am-
munition of the Nation.

Next they design to have the Government of the Church Sworne to as Unal-
terable, 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 Pre-
late 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 Jure 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 in-
strument 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 necessity 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 Corpora-
tions, wisely beginning, that in those lesser Governments which they meant af-
terwards to introduce upon the Government 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 cheif-
est Nobility and Gentry, being obliged as Lord-Lieutenants, Deputy-Lieute-
nants, &c. to Swear to the same Declaration, and Beleif, with the addition
only of these words In pursuance 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 Uniformity, 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 throw-
ing 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 worth 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 sub-
scribe 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 Un-
justifyable 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 that
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 thought Loyal, and
by our Great Bishops not dangerous, they differing only in Doctrine, and Fun-
damentalls; but, as to the Government of the Church, that was in their Reli-
gion 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 soo-
ner proposed, but the E. of Shaftsbury a Man as daring but more Able, (though
of principles and interest, Diametrically opposite to the other) presently closed
with it, and perhaps the opportunity I have had by my conversation with them
both, who were Men of diversion, and of free and open Discourses where they
had a confidence; may give you more light into both their Designs, and so by
consequence the aimes of their Parties, then you will have from any other hand.
My L. Clifford did in express Terms, tell me one day in private Discourse;

That the King, if He would be firm to Himself, might settle what Religion
He pleased, and carry the Government to what height He would; for if Men
were assured in the Liberty of their Conscience and undisturbed in their Pro-
perties, able and upright Judges made in Westminster-Hall to judg the Causes
of Meum and Tuum, and if on the Other hand the Fort of Tilbury was finish-
ed to bridle the City, the Fort of Plymouth to secure the West, and Armes for
20000 in each of these, and in Hull for the Northern parts, with some addi-
tion, which might be easily and undiscernedly made to the Forces now on foot,
there were none that would have either Will, Opportunity, or Power to resist.
But he added withall, he was so sincere in the maintenance of Propriety, and
Liberty of Conscience, that if he had his Will, though he should introduce a
Bishop of Durham, (which was the Instance he then made, that See being then
vacant) of another Religion, yet he would not disturb any of the Church beside,
but suffer them to dye away, and not let his change (how hasty soever he was
in it) overthrow either of those principles, and therefore desired he might be
thought an honest Man as to his part of the Declaration, for he meant it really.
The L. Shaftsbury (with whom I had more freedom) I with great assurance,
asked what he meant by the Declaration, for it seemed to me (as I then told
him) that it assumed a Power to repeal and suspend all our Laws, to destroy the
Church, to overthrow the Protestant Religion, and to tolerate Popery; He re-
plyed half angry, That he wondered at my Objection, there being not one of
these in the Case: For the King assumed no power of repealing Laws, or sus-
pending them, contrary to the will of his Parliament, or People, and not to ar-
gue with me at that time the power of the King’s Supremacy, which was of
another nature then that he had in Civills, and had been exercised without excep-
tion in this very case by His Father, Grand Father, and Queen Elizabeth, un-
der the Great Seal to Forreign Protestants, become subjects of England, nor to
instance in the suspending the Execution of the two Acts of Navigation and
Trade, during both this, and the last Dutch War in the same words, and upon
the same necessity, and as yet, without Clamour that ever we heard; But, to pass
by all that, this is certain, a Government could not be supposed whether Monar-
chical, or other of any sort, without a standing Supream Executive power,
fully enabled to Mitigate, or wholly to suspend the Execution of any penal Law,
in the Intervalls of the Legislative power, which when assembled, there was no
doubt but wherever there lies a Negative in passing of a Law, there the address
or sense known of either of them to the contrary, (as for instance of either of
our two Houses of Parliament in England) ought to determine that Indulgence,
and restore the Law to its full execution: For without this, the Laws were to no
purpose made, if the Prince could annull them at pleasure; and so on the other

hand, without a Power always in being of dispensing upon occasion, was to sup-
pose a constitution extreamly imperfect and unpracticable, and to cure those with
a Legislative power always in being, is, when considered, no other then a perfect
Tyranny. As to the Church, he conceived the Declaration was extreamly their
Interest; for the narrow bottom they had placed themselves upon, and the Mea-
sures they had proceeded by, so contrary to the Properties, and Liberties
of the Nation, must needs in short time, prove fatall to them, whereas this led
them into another way to live peaceably with the dissenting and differing Pro-
testants, both at home and abroad, and so by necessary and unavoidable Conse-
quences, to become the Head of them all; For that place is due to the Church of
England, being in favor, and of neerest approach to the Most powerful Prince
of that Religion, and so always had it in their hands to be the Intercessors and
Procurers of the greatest Good and Protection, that partie throughout all Chri-
stendom, can receive. And thus the A. Bishop of Canterbury might become,
not only Alterius Orbis, but Alterius Religionis Papa, and all this addition of
Honor and Power attaind without the least loss or diminution of the Church; It
not being intended that one living Dignity, or Preferment should be given to
Any but those, that were strictly Conformable. As to the Protestant Religion,
he told me plainly, It was for the preserving of That and that only that he hear-
tily joyned in the Declaration; for besides that, he thought it his Duty to have
care in his Place and Station, of those he was convinced, were the People of God
and feared Him, though of different persuasions; he also knew nothing else but
Liberty, and Indulgence that could possibly (as our case stood) secure the Pro-
testant Religion in England; and he beg`d me to consider, if the Church of En-
gland should attain to a rigid, blind, and undistputed Conformity, and that pow-
er of our Church should come into the hands of a Popish Prince, which was not
a thing so impossible, or remote, as not to be apprehended; whether in such a case,
would not all the Armes and Artillery of the Government of the Church, be
turned against the present Religion of it, and should not all good Protestants
tremble to think what Bishops such a Prince was like to make, And whom those
Bishops would condemn for Hereticks, and that Prince might burn; Whereas if
this which is now but a Declaration, might ever by the Experience of it, gain the
Advantage of becoming an Established Law, the true Protestant Religion would
still be kept up amongst the Cities, Towns, and Trading places, and the Worthy-
est, and Soberest (if not the greatest) part of the Nobility, and Gentry, and Peo-
ple: As for the toleration of Popery he said, It was a pleasant Objection, since
he could confidently say that the Papists had no advantage in the least by this
Declaration, that they did not as fully enjoy, and with less noise, by the favor of
all the Bishops before. It was the Vavity of the L. Keeper, that they were named

at all, for the whole advantage was to the dissenting Protestants, which were the
only Men disturb’d before; and yet he confest to me, that it was his opinion, and
always had been, that the Papists ought to have no other 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,
whether 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 prospe-
rity 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
Govenrment, and their being posted in every Parish, have the Advantage of a
quick dispersing their Orders, and a sudden and universal Insinuation of what-
ever 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 recei-
ved, 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 Ses-
sions 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-
conformists, 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 Epis-
copal 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 Jan 7. following, the Bishops continued their
Zeal against the Papists, and seem’d to carry on in joyning with the Countrey
Lords, many excellent Votes 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 Pa-
pists: The Phanatique (for so they call the dissenting Protestant) is again be-
come 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 bot-
tom; 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 gene-
rous Principles, and betake himself to a sort 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, un-
der 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 Laud‘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 List 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 Po-
liticks, and the Nation is escaped this Session, like a Bird out of the snare of
the Fowler.

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 Infallibility, 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 Ses-
sion 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 op-
position; 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, re-
commended the Bill to the House in Set and Elaborate Speeches, the Keeper cal-
ling 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 de-
pended on it, But the Earl of Shaftsbury and some other of the Country Lords,
earnestly prest that the Bill might be laid aside, and that they might not be en-
gaged 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 miscon-
strued: For there are many things that must be spoken upon the debate, both con-
cerning 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 Que-
stion 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.

I, 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 conse-
quence; 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 be-
fore, 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 Usage 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 im-
poseth an Oath upon the Peers with a Penalty, as this doth, that upon the refu-
sal 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 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[…] Aylisbury[…] Howard E. of Berks[…]Shaftsbury
Bridgwater[…]Bristol […] Mohun […] Clarendon
Winchester […] Denbigh […]Stamford […]Grey Roll.
Salisbury[…] Pagitt […]Hallifax[…]Say & Seal
Bedford […] Holles […]De la mer[…] Wharton
Dorset[…]Peter[…]Eure

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 neces-
sary 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, obli-
ging 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 Chri-
stian compassion to Protestant Dissenters, or the necessity of Affairs at any time,
shall or may require. Upon 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[…] Bristol […] Shaftsbury
Winton[…]Howard of Berks[…]Wharton
Salisbury[…]Clarendon[…]Mohun
Denbigh[…]Stamford[…]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 Sub-
scrib’d it; endeavouring not only some 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 Protesta-
tion 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 carry-
ing 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 dange-
rous 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 De-
bate 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 Que-
stion 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 dan-

gers which may may arise from persons disaffected to the Government, being con-
ceived 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
conceived, 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 proceed-
ing 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 ap-
prehend) 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[…]Denbigh[…] Hallifax[…]Holles
Winton[…]Berks[…]Audley[…]De la mer
Bedford[…]Clarendon[…]Fitswater[…]Grey Roll.
Dorset[…]Aylisbury[…]Eure
Salisbury[…]Shaftsbury[…]Wharton
Bridgwater[…]Say & Seal[…]Mohun

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 ei-
ther of the Houses of Parliament, or any of their Members, of their just an-
cient 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 touch-
ing 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 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 be-
ing 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 pre-
venting 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 pro-
ceeding 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[…]Berks[…]Denbigh[…]Eure
Bedford[…]Bridgwater[…]Dorset[…]De la mer
Winton[…]Stamford[…]Shaftsbury[…]Pagitt
Salisbury[…]Clarendon[…]Wharton[…]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 House, untill they had 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 enter-
ing 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 observe-
able 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, pre-
pared, and of that Moment to all their Affairs, had hardly a sensible Com-
posure.

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 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
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 in-

sisted on by that Lord and others, that the Oath imposed by the Bill, con-
tained Three Clauses, the two former Assertory, and the last Promissory,
and that it was worthy the Consideration of the Bishops, Whether Asser-
tory 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 Do-
ctrinal Propositions, and whether that Legislative power, which imposes
such an Oath, doth not necessarily assume to it self an Infallibility? And,
as for Promissory 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 Sa-
viour 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, Justices of
the Peace, and Members of both Houses; The two former particularly men-
tioned only to usher in the latter; which was so directly against the two Pre-
vious 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 de-
sired 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 diffi-

culty 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; I 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 ta-
ken 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 chance 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 No-
bility, 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 con-
trary to that they justly and rightly claim: And therefore neither our An-
cestors, nor any other Country free like ours, whilst they preserv’d 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 lighty
touch’d, 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 abhorr that Trayterous Position of taking
Armes 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
pretense to oppose where the individual person of the King is, then it was to be
considered, that the proposition 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, where this position is in danger to
be Trayterous, 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 its self; but it is to be supposed the Crown hath suffici-
ent warning, and full power to prevent the falling again into that danger. But
the other cases are many, and such as may every day occurr, wherein this po-
sition is so far from Traiterous, that it would prove both necessary and our duty.
The Famous instance of Hen. 6. who being a soft and weak Prince, when ta-
ken Prisoner by his Cousin Edward 4. that pretended to the Crown, and the
great Earl of Warwick, was carryed in their Armies, gave what orders and
Commissions they pleased, and yet all those that were Loyal to him adhered to
his Wife and son, fought in a pitcht battel against him in person, and retook
him: This was directly taking up Armes by His Authority against his person,
and against those that were Commission’d by Him, and yet to this day no
Man hath ever blamed them, or thought but that, if they had done other,
they had betray’d their Prince. The great Case of Charles 6. of France,
who being of a weak and crazie Brain, yet govern’d by himself, or rather
by his Wife, a Woman of passionate, and heady humour, that hated her
Son the Dolphin, a vigorous and brave Prince, and passionately loved her
Daughter; so that She easily (being pressed by the Victory of Hen. 5.
of England) comply’d to settle the Crown of France upon Him, to marry
her Daughter to Him, and own his Right, contrary to the Salique Law.
This was directly opposed with Armes and Force by the Dolphin, and all
good French Men, even in his Father’s life time. A third instance is that
of King James of blessed Memory, who when he was a Child, was seized,
and taken Prisoner by those, who were justly thought no friends to His

possession according to Law, neither could any Order, or Commission of
the King’s, put a stop to the Sheriff, if he had done his duty in raising the whole
force of that County to put the Law in execution; neither can the Court, from
whom that Order proceeds, (if they observe their oaths, and duty) put any
stop to the execution of the Law in such a case, by any command or com-
mission from the King whatsoever; Nay, all the Guards, and standing for-
ces in England, cannot be secured by any Commission from being a direct
Riot, and unlawful Assembly, unless in time of open War and Rebellion:
And it is not out of the way to suppose, that if any King hereafter, shall con-
trary to the petition of Right, demand, and levie Money by Privy-Seal,
or otherwise, and cause Souldiers to enter, and distrain for such like il-
legall Taxes, that in such a case any Man may by Law defend his house
against them; and yet this is of the same nature with the former, and a-
gainst the words of the Declaration. These instances may seem somwhat rough,
and not with the usual reverence towards the Crown, but they alleadged, they
were to be excused, when all was concerned, And without speaking thus
plain, it is refused to be understood; and, however happy we are now,
either in the present Prince, or those we have in prospect, yet the suppo-
sitions are not extravagant, when we consider, Kings are but Men, and
compassed with more temptations then others; And, as the Earl of Salis-
bury, who stood like a Rock of Nobility, and English Principles, excel-
lently replyed to the Lord Keeper, who was pleased to term them remote
Instances, that they would not hereafter prove so, when this Declaration
had made the practise of them Justifiable.

These Arguments enforced the Lords for the Bill to a change of this
part of the Declaration, so that they agreed the second, and thrid parts of
it, should run thus; And I do abhorr that Trayterous position of taking Armes
against by His Authority, against his Person, or against those, that are
commissioned by Him according to Law, in time of Rebellion, or War, act-
ing in pursuance of such Commission. Which mends the matter very little;
for if they mean the King’s Authority, and his lawful Commission, to be
two things, and such as are capable of Opposition, then it is as dangerous to
are the Liberties of the Nation, as when it run in the former words,
and we only cheated by new Phrasing of it: But if they understand them
to be one and the same thing, as really and truly they are, then we are
only to abhorr the Treason of the position of taking Armes by the King’s
Authority against the King’s Authority, because it is Non-sense, and

not practicable; and so they had done little but confest, that all the Clergy
and many other Persons, have been forced by former Acts of this present
Parliament, to make this Declaration in other words, that now are found
so far from being Justifiable, that they are directly contrary to Magna
Charta our Properties, and the Establish’d Law and Government of the
Nation.

The next thing in course was, the Oath it self, against which the Objection
lay so plain, and so strong at the first entrance, Viz. That there was no care
taken of the Doctrine, but only the Discipline of the Church. The Papists
need not scruple the taking this Oath; for Episcopacy remains in its greatest
Lustre, though the Popish Religion was introduced, but the King’s Supremacy
is justled aside by this Oath, and makes better room for an Ecclesiastical One,
in so much that with this, and much more, they were inforced to change their
Oath, and the next day bring it in as followeth. I do swear that I will not en-
deavour to alter the Protestant Religion or the Government either of Church
or State. By this they thought they had salved all, and now began to call
their Oath A Security for the Protestant Religion, and the only good design to pre-
vent Popery, if we should have a Popish Prince. But the Countrey Lords
wondred at their confidence in this, since they had never thought of it before,
and had been but the last preceeding day of the Debate by pure Shame com-
pell’d to to this Addition; for it was not unknown to them, that some of the
Bishops themselves had told some of the Roman Catholick Lords of the House,
that care had been taken that it might be such an Oath, as might not bear upon
them. But let it be whatever they would have it, yet the Countrey Lords
thought the addition was unreasonable, and of as dangerous consequence as the
rest of the Oath. And it was not to be wondred at, if the addition of the best
things, wanting the Authority of an express divine Institution, should make
an Oath not to endeavor to alter, just so much worse by the addition. For
as the Earl of Shaftsbury very well urg’d, that it is a far different thing
to believe, or to be fully persuaded of the truth of the Doctrine of Our
Church; and to swear never to endeavor to alter; which last, must be ut-
terly unlawful, unless you place an Infallibility either in the Church, or
Your Self, you being otherwise obliged to alter, when ever a clearer, or
better light comes to you; and he desir’d leave to ask, where are the Boun-
daries, or where shall we find, how much is meant by the Protestant Re-
ligion. The Lord Keeper thinking he had now got an advantage, with his
usual Eloquence, desires it might not be told in Gath, nor published in the
Streets of Askalon, that a Lord of so greats Parts, and Eminence, and pro-

fessing himself for the Church of England, should not know what is meant
by the Protestant Religion. This was seconded with great pleasantness by
Divers of the Lords the Bishops; but the Bishop of Winchester, and some
others of them were pleased to condescend to instruct that Lord, that the
Protestant Religion was comprehended in 39 Articles, the Liturgie, the
Catechisme, the Homilies, and the Canons. To this the Earl of Shafts-
bury replied, that he begg’d so much Charity of them to believe, that he knew
the Protestant Religion so well, and was so confirmed in it, that he hoped
he should burn for the witness of it, if Providence should call him to it:
But he might perhaps think some things not necessary, that they accounted
Essential, nay he might think some things not true, or agreeable to the
Scripture, that they might call Doctrines of the Church: Besides when he
was to swear never to endeavor to alter, it was certainly necessary to know
how far the just extent of this Oath was; but since they had told him that
the Protestant Religion was in those 5 tracts, he had still to ask, whether
they meant those whole Tracts were the Protestant Religion, or only that
the Protestant Religion was contained in all those, but that every part of
these was not the Protestant Religion. If they meant the former of these
then he was extreamly in the dark to find the Doctrine of Predestination
in the 18. and 17. Art. to be owned by so few great Doctors of the
Church, and to find the 19. Art. to define the Church directly as the In-
dependents do: Besides the 20. Art. stating the Authority of the Church
is very dark, and either contradicts it self, or says nothing, or what is
contrary to the known Laws of the Land; besides several other things, in
the 39 Articles, have been Preached, and Writ against by Men of great
Favor, Power, and Preferment in the Church. He humbly conceived the
Liturgie was not so sacred, being made by Men the other day; and thought
to be more differing from the dissenting Protestants, and less easy to be
complyd with, upon the advantage of a pretense well known unto us all,
of making alterations as might the better unite us; in stead whereof, there
is scarce one alteration, but widens the breach, and no ordination allow’d
by it here, (as it now stands last reformed in the Act of Uniformity) but
what is Episcopall; in so much that a Popish Priest is capable, when con-
verted, of any Church preferment 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 allow’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 Unchari-
tableness of it was so much against the Interest of the Crown, and Church
of England (casting off the dependency of the whole Protestant partie a-
broad) 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 Eli-
zabeths 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 omit-
ted.

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 con-
firmed 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 endea-
vour 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 con-
tein’d in all those, but that every part of those is not the Protestant Religion,
then he 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 an 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 additi-
on 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 seconding it; but the Lord Trea-
surer, 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 Mo-
hun, 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 di-
verted but by as great a disorder as ever was seen in that House pro-
ceeding from the rage those unreasonable proceedings had caused in
the Country Lords, they standing up in a clump together, and cry-
ing out with so loud a continued 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 esta-
blished in the Church of England. And here observe the words by
Law do directly take in the Canons though the Bishops had never men-
tioned 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 con-
siderd. 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
different 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 Fun-
ction, 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 alleadged that Priesthood and the Power thereof, and the Au-
thorities 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 Parlia-
ment 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 far-
ther 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 Bishop-
rick; He may take any part of a Diocess, or a whole Diocess, and put
them under Deans, or other Persons; for if this be not lawful, but
that Episcopacy should be jure divino, the maintaining the Govern-
ment: as it is now, is unlawful; since the Deans of Hereford, and
Salisbury, have very large tracts under their jurisdiction, and several Par-
sons of Parishes have Episcopal jurisdiction; so that at best that Go-

vernment 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 Episco-
pal Government best for the Church, and most suitable for the Mon-
archy, but they must say with the Lord of Southampton upon the oc-
casion 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 Pre-
cept, but such circumstances may come in humane affairs, as may ren-
der 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 Supre-
macy 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 Epis-
copal jurisdiction. The Lord Wharton upon the Bishops claim to a Di-
vine 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, ne-
ver to endeavor to alter? Would it not be requisite that such a Go-
vernment should be given by God himself, and that withall the Ce-
remonie of Thunder, and Lightening, and visible appearance to the
whole People, which God vouchsafed to the Chrildren of Israel at
Mount Sinai? 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 seve-
ral 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 Bi-
shops 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 al-
low’d that that Previous vote should be drawn into a Proviso, and ad-
ded to the Bill, 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, un-
till the next day, the debate going on upon other matters, the Lord
Treasurer, whose authority easily obtained with the major Vote, re-
assumed 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 Prote-
stant 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
Proviso 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 Pro-
viso 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 o-
therwise then as they speak, and vote in open Parliaments or Com-
mittees: for this Oath takes away all private Converse upon any such
affairs even one with another. This was seconded by the Lord
De la mer, whose Name is well known, as also his Worth, Piety,
and Learning; I should mention his great Merits too, but I know
not whether that be lawful, they lying yet unrewarded. The Lord
Shaftsbury presently drew up some words for preserving the same
Rights, Priviledges, and Freedoms, which Men now enjoy by the
Laws established, that so by a side Wind we might not be depri-
ved of the great Liberty we enjoy as English Men, and desired
those words might be inserted in that Proviso before it past. This
was seconded by many of the forementioned Lords, and prest up-
on those terms, that they desired not to countenance, or make
in the least degree any thing lawful, that was not already so, but
that they might not be deprived by this dark way of proceeding of
that Liberty was necessary to them as Men, and without which Par-
liaments would be renderd useless. Upon this all the great Officers
showd themselves, nay the D. of Lauderdail himself, though un-
der the Load of two Addresses, opened his mouth, and together
with the Lord Keeper, and the Lord Treasurer, told the Com-
mittee in plain terms, that they intended, and design’d to pre-
vent Caballing, and conspiracies against the Government that they
knew no reason why any of the King’s Officers should consult

with Parliament Men about Parliament business, and particular-
ly mention’d those of the Armie, Treasury, and Navy; and
when it was Objected to them, that the greatest part of the
most knowing Gentry were either Justices of the Peace, or
of the Militia, and that this took away all converse, or dis-
course of any alteration, which was in truth of any business in
Parliament, and that the Officers of the Navy, and Treasury,
might be best able to advise what should be fit in many cases;
and that withall none of their Lordships did offer any thing
to salve the inconvenience of Parliament Men being deprived of
discoursing one with another, upon the matters that were be-
fore them. Besides it must be again remembred, that nothing
was herein desired to be countenanced, or made lawful, but
to preserve that that is already Law, and avowedly justified
by it; For without this addition to the Proviso, the Oath
renderd Parliaments but a Snare not a Security to the People;
Yet to all this was answerd sometimes with passion, and high
words, sometimes with Jests, and Raillery (the best they had) and
at the last the major Vote answered all objections, and laid a side
the addition tendered.

There was another thing before the finishing of the Oath,
which I shall here also mention, which was an additional Oath
tendered by the Marquess of Winchester, who ought to have
been mentioned in the first, and chiefest place for his conduct,
and support in the whole debate, being an expert Parliament
Man, and one whose Quallity, Parts, and Fortune, and own-
ing of good Principles, concurr to give him one of the great-
est places in the esteem of good Men. The additional Oath ten-
derd, was as followeth, I do swear that I will never by Threats,
Injunctions, Promises, Advantages, or Invitation, by or from
any person whatsoever, nor from the hopes, or prospect of any
Gift, Place, Office, or Benefit whatsoever, give my Vote o-
ther then according to my Opinion and Conscience, as I shall
be truly, and really persuaded upon the debate of any business
in Parliament; so help me God.

This Oath was offerd upon the occasion of swearing Mem-
bers of Parliament, and upon this score only, that if any new
Oath was thought fit (which that Noble Lord declared his own
Judgment perfectly against) this certainly was (all considera-
tions, and circumstances taken in) most necessary to be a part,
and the nature of it was not so strange if they considerd the
Judges Oath, which was not much different from this. To
this the Lord Keeper seemed very averse, and declared in a
very fine Speech, that it was an Useless Oath; for all Gifts,
Places, and Offices, were likelyest to come from the King,
and no Member of Parliament in either House, could do too
much for the King, or be too much of His side, and that
Men might lawfully, and worthily, have in their Prospect, such Of-
fices, or Benefits from Him. With this the Lords against the
Bill, were in no tearms satisfied, but plainly spoke out that
Men had been, might, and were likely to be, in either
House, too much for the King, as they call’d it, and that
whoever did endeavour to give more power to the King, then
the Law and constitution of the Government had given, espe-
cially if it tended to the Introducing an Absolute and Arbi-
trary Government might justly be said to do too much for the
King, and to be corrupted in his judgment by the prospect
of advantages, and rewards; Though, when it is considered
that every deviation of the Crown towards Absolute power, les-
sens the King in the love, and affection of his People, make-
ing Him become less their Interest, A wise Prince will not
think it a Service done Him.

And now remains only the last part of the Bill, which is the
the penalty different according to the quallifications of the Per-
sons All that are, or shall be Privy Counsellors, Justices of the
Peace, or possessors of any beneficial Office, Ecclesiastical, Ci-
vill, or Military, are to take the Oath when summoned, upon
pain of 500 l. and being made uncapable of bearing Office, the
Members of both Houses are not made uncapable, but lyable to
the penalty of 500 l. if they take it not. Upon all which the
considerations of the Debate were, That those Officers, and

Members of both Houses are of all the Nation the most dan-
gerous to be sworn into a mistake, or change of the Govern-
ment, and that, as to the Members of both Houses, the penal-
ty of 500 l. was directly against the latter of the 2. Previous Votes,
and although they had not applied the penalty of Incapacity un-
to the Members of both Houses, because of the first Previous
Vote in the Case of the Lords, neither durst they admit of a
Proposition made by some of themselves, that those that did not
come up, and Sit as Members, should be lyable to the taking
the Oath, or penalty, untill they did so: Yet their Ends were
not to be compassed without invading the latter Previous Vote,
and contrary to the Rights and Priviledges of Parliament enforce
them to swear, or pay 500 l. every Parliament, and this they
carried through with so strong a Resolution, that having expe-
rienced their misfortunes in replys for several hours, not one
of the party could be provoked to speak one word. Though,
besides the former arguments, it was strongly urged, that this
Oath ought to be put upon Officers with a heavier penalty then
the Test was in the Act of the immediate preceding Session a-
gainst the Papists, by which any Man might sit down with the
loss of his Office, without being in the darger of the penalty
of 500 l. and also that this Act had a direct retrospect (which
ought never 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 condi-
tion 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 excel-
lently 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 De-
bate, 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 Bed-
ford 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 3d. 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 men-
tion’d in the last place, for he came out of the Countrey on pur-
pose 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 Rutt-
land, 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 Car-
lisle, the Lord Viscount Falconbridge, and the Lord Berkely of Berk-
ley 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 Trea-
surer, 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 Ses-
sions, 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 admira-
ble to me, how the King can be enduced to venture His Affairs up-
on 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 Pro-
mises, 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 utter 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 Mi-
litary, 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, slaugh-
ter and beheading of the great Men of the other side; yet nothing
could enforce them to secure themselves by a standing force: But I
cannot believe that the King Himself will ever design any such thing;
for He is not of a temper Robust, and Laborious enough, to deale
with such a sort of Men, or reap the advantages, if there be any,
of such a Government, and I think, He can hardly have forgot the
treatment his Father received from the Officers of his Army, both
at Oxford, and Newark; ‘Twas an hard, but almost an even choice
to be the Parliaments Prisoner, or their Slave; but I am sure the
greatest prosperity of his Armes could have brought him to no hap-
pier condition, then our King his Son hath before him whenever he
please. However, This may be said for the honor of this Session,
that there is no Prince in Christendom hath at a greater expence of
Money, maintained for two Months space, a Nobler, or more use-
ful dispute of the Politiques, Mistery, and secrets of Government,
both in Church and State, then this hath been; Of which noble de-
sign no part is owing to any of the Countrey Lords, for they seve-
ral of them begg’d, at the first entrance into the Debate, that they
might not be engaged in such disputes, as would unavoidably pro-
duce divers things to be said, which they were willing to let alone.
But I must bear them witness, and so will you, having read this,
that they did their parts in it, when it came to it, and spoke plain
like old English Lords.

I shall conclude with that, upon the whole matter, is most worthy your
consideration, That the design is to declare us first into another Govern-
ment more Absolute, and Arbitrary, then the Oath of Allegience, or old
Law knew, and then make us swear unto it, as it is so established: And
less then this the Bishops could not offer in requital to the Crown for par-
ting with its Supremacy, and suffering them to be sworn to equal with it
self. Archbishop Laud was the first Founder of this Device; in his Ca-
nons of 1640. you shall find an Oath very like this, and a Declaratory Ca-
non preceding that Monarchy is of divine Right, which was also affirmed
in this debate by our Reverend Prelates, and is owned in Print by no less
Men then A. Bishop Usher, and B. Sanderson; and I am afraid it is the avowd
opinion of much the greater part of our dignified Clergie: If so, I am
sure they are the most dangerous sort of Men alive to our English Govern-
ment, and it is the first thing ought to be lookt into, and strictly examin’d
by our Parliaments, ’tis the leaven that corrupts the whole lump; for if
that be true, I am sure Monarchy is not to be bounded by humane Laws,
and the 8. chap. of 1. Samuel, will prove (as many of our Divines would
have it) the Great Charter of the Royal Prerogative, and our Magna
Charta that says Our Kings may not take our Fields, our Vineyards, our
Corn, and our Sheep is not in force, but void and null, because against di-
vine Institution; and you have the Riddle out, why the Clergy are so rea-
dy to take themselves, & impose upon others such kind of Oaths as these,
they have placed themselves, and their possessions upon a better, and a sur-
er bottom (as they think) then Magna Charta, and so have no more need
of, or concern for it: Nay what is worse, they have truckt away the Rights
and Liberties of the People in this, and all other countries wherever they
have had opportunity, that they might be owned by the Prince to be Jure
Divino, and maintain’d in that Pretention by that absolute power and force,
they have contributed so much to put into his hands; and that Priest, and
Prince may, like Castor and Pollux, be worshipt together as Divine in the
same temple by Us poor Lay-subjects; and that sense and reason, Law,
Properties, Rights, and Liberties, shall be understood as the Oracles of
those Deities shall interpret, or give signification to them, and ne’r be made
use of in the world to oppose the Absolute, and Freewill of either of them.

Sir, I have no more to say, but begg your Pardon for this tedious Trou-
ble, and that you will be very careful to whom you Communicate any of this.

FINIS.