open Parliaments or Committees 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 deprived 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 upon 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 Parliaments would be renderd useless Upon this all the great Officers showd themselves nay the D. of Lauderdail himself though under the Load of two Addresses opened his mouth and together with the Lord Keeper and the Lord Treasurer told the Committee in plain terms that they intended and design'd to prevent 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 particularly 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 discourse 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 before 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 owning of good Principles concurr to give him one of the greatest places in the esteem of good Men. The additional Oath tenderd 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 other 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 Membâ—rs 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 considerations and circumstances taken in most necessary to be a part and the nature of it was not so strange if they considerd the Iudges 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 Vseless 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 Offices 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 especially if it tended to the Introducing an Absolute and Arbitrary 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 lessens the King in the love and affection of his People makeing 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 Persons All that are or shall be Privy Counsellors Iustices of the Peace or possessors of any beneficial Office Ecclesiastical Civill 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 dangerous to be sworn into a mistake or change of the Government and that as to the Members of both Houses the penalty of 500 l. was directly against the latter of the 2. Previous Votes and although they had not applied the penalty of Incapacity unto 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 caâ—ried through with so strong a Resolution that having experienced 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 against the Papists by which any Man might sit down with the loss of his Office without being in the darger of
pressure laid upon them but to be made uncapable of Office Court or Armes and to pay so much as might bring them at least to a ballance with the Protestants for those chargable Offices they are lyable unto and concluded with this that he desired me seriously to weigh wheâ—her Liberty and Propriety were likely to be maintained long in a Countrey like Ours where Trade is so absolutely necessary to the very being as well as prosperity of it and in this Age of the World if Articles of Faith and Matters of Religion should become the only accessible ways to our Civil Rights Thus Sir You have perhaps a better account of the Declaration then you can receive from any other hand and I could have wisht it a longer continuance and better Reception then it had for the Bishops took so great Offence at it that they gave the Alarum of Popery through the whole Nation and by their Emissaries the Clergy who by the Connexture and Subordination of their Government and their being posted in every Parish have the Advantage of a quick dispersing their Orders and a sudden and universal Insinuation of whatever they please raised such a cry that those good and sober Men who had really long feared the Encrease and continuance of Popery had hitherto received began to believe the Bishops were in earnest their Eyes opened though late and therefore joyned in heartily with them so that at the next meeting of Parliament the Protestants Interest was run so high as an Act came up from the Commons to the H. of Lords in favor of the dissenting Protestants and had passed the Lords but for want of time Besides another excellent Act passed the Royal Assent for the Excluding all Papists from Office in the Opposition of which the L. Treasurer Clifford fell and yet to prevent his ruine this Sessions had the speedier End Notwithstanding the Bishops attain'd their Ends fully the Declaration being Cancelled and the great Seal being broken off from it The Parliament having passed an Act in favor of the Dissenters and yet the sense of both Houses sufficiently declared against all Indulgence but by Act of Parliament Having got this Point they used it at first with seeming Moderation there were no general Directions given for prosecuting the Non-conâ—ormists but here and there some of the most Confiding Justices were made use of to try how they could receive the Old Persecution for as yet the Zeal raised against the Papists was so great that the worthyest and soberest of the Episcopal party thought it necessary to unite with the dissenting Protestants and not to divide their Party when all their Forces were little enough In this posture the Sessions of Parliament that began Oct. 27. 1673. tound Matters which being suddenly broken up did nothing The next Sessions which began Ian 7. following the Bishops continued their Zeal against the Papists and seem'd to carry on in joyning with the Countrey Lords many excellent Voâ—es in order to a Bill as in particular That the Princes of the Blood-Royal should all Marry Protestants and many others but their favor to dissenting Protestants was gone and they attempted a Bargain with the Countrey Lords with whom they then joyned not to promote any thing of that nature except the bill for taking away Assent and Consent and renouncing the Covenant This Session was no sooner ended without doing any thing but the whole Clergy were instructed to declare that there was now no more danger of the Papists The Phanatique for so they call the dissenting Protestant is again become the only dangerous Enemy and the Bishops had found a Scoth Lord and two new Ministers or rather Great Officers of England who were desperate and rash enough to put their Masters business upon so narrow and weak a bottom and that old Covenanter Lauderdale is become the Patron of the Church and has his Coach and table fil'd with Bishops The Keeper and the Treasurer are of a just size to this affair for it is a certain rule with the Church Men to endure as seldom as they can in business Men abler then themselves But his Grace of Scotland was least to be executed of the Three for having fall'n from Presbitery Protestaant Religion and all principles of Publick good and private friendship and become the Slave of Clifford to carry on the Ruine of all that he had professed to support does now also quit even Clifford's generous Principles and betake himself to a soâ—t of Men that never forgive any Man the having once been in the right and such Men who would do the worst of things by the worst of means enslave their country and betray them under the mask of Religion which they have the publick Pay for and charge off so seething the Kid in the Mothers milk Our Statesmen and Bishops being now as well agreed as in Old Land's time on the same principles with the same passion to attain their end they in the first place give orders to the Judges in all their Circuits to quicken the Execution of the Laws against Dissenters a new Declaration is published directly contrary to the former most in words against the Papists but in the Sense and in the close did fully serve against both and in the Execution it was plain who were meant A Commission besides comes down directed to the principal Gentlemen of each country to seize the Estates of both Papists and Phanatiques mentioned in a Liâ—t annexed wherein by great misfortune or skill the Names of the Papists of best quality and fortune and so best known were mistaken and the Commission render'd ineffectual as to them Besides this the great Ministers of State did in their common publick assure the partie that all the places of Profit Command and Trust should only be given to the old Cavalier no Man that had served or been of the contrary Party should be left in any of them And a direction is issued to the Great Ministers before mentioned and Six or seven of the Bishops to meet at Lambeth-House who were like the Lords of the Articles in Scotland to prepare their compleat Modell for the ensuing Session of Parliament And now comes this memorable Session of Aprill 13. 75. then which never any came with more expectation of the Court or dread and apprehension of the People the Officers Court Lords and Bishops were clearly the major Vote in the Lords House and they assured themselves to have the Commons as much at their dispose when they reckoned the number of the Courtiers Officers Pensioners encreased by the addition of the Church and Cavalier party besides the Address they had made to Men of the best quality there by hopes of Honor great employment and such things as would take In a word the French King's Ministers who are the great Chapmen of the World did not out-doe ours at this time and yet the over ruling hand of God has blown upon their Politicks and the Nation is escaped this
Session like a Bird out of the snare of the Flower In this Sessions the Bishops wholly laid aside their Zeal against Popery The Committee of the whole House for Religion which the Country Lords had caused to be set up again by the example of the former Sessions could hardly get at any time a day appointed for their Sitting and the main thing design'd for a Bill voted in the former Session viz. the marrying our Princes to none but Protestants was rejected and carryed in the Negative by the unanimous Votes of the Bishops Bench for I must acquaint you that our great Prelates were so neer an Intallibility that they were always found in this Session of one mind in the Lords House yet the Lay Lords not understanding from how excellent a Principle this proceeded commonly called them for that reason the dead Weight and they really proved so in the following business for the third day of this Session this Bill of Test was brought into the Lords House by the Earl of Lindsey L. High Chamberlain a person of great quality but in this imposed upon and received its first reading and appointment for the second without much opposition the Country Lords being desirous to observe what weight they put upon it or how they designed to manage it At the second reading the L. Keeper and some other of the Court Lords recommended the Bill to the House in Set and Elaborate Speeches the Keeper calling it A moderate Security to the Church and Crown and that no honest Man could refuse it and whosoever did gave great suspition of Dangerous and Anti-Monarchicall Principles the other Lords declame very much upon the Rebellion of the late Times the great number of Phanatiques the dangerous principles of rebellion still remaining carrying the Discourse on as if they meant to trample down the Act of Oblivion and all those whose Securities depended on it But the â—arl of Shaftsbury and some other of the Country Lords earnestly prest that the Bill might be laid aside and that they might not be engaged in the debate of it or else that that Freedom they should be forced to use in the necessary defence of their Opinion and the preserving of their Laws Rights and Liberties which this Bill would overthrow might not be misconstrued For there are many things that must be spoken upon the debate both concerning Church and State that it was well known they had no mind to hear Notwithstanding this the great Officers and Bishops called out for the Question of referring the Bill to a Committee but the Earl of Shaftsbury a Man of great Abilities and knowledg in Affairs and one that in all these variety of changes of this last Age was never known to be either bought or frighted out of his publick Principles at Large opened the mischievous and ill designs and consequences of the Bill which as it was brought in required all Officers of Church and State and all Members of both Houses of Parliament to take this Oath following J. A. B. do declare that it is not Lawful upon any pretence whatsoever to take up Armes against the King and that I do abhorr that Traiterous position of taking Armes by His authority against His Person or against those that are commission'd by Him in pursuance of such Commission And I do swear that I will not at any time endeavor the Alteration of the Government either in Church or State so help me God The Earl of Shaftsbury and other Lords spake with such convincing Reason that all the Lords who were at liberty from Court-Engagements resolved to oppose to the uttermost a Bill of so dangerous consequence and the debate lasted Five several days before it was committed to a Committee of the whole House which hardly ever happened to any Bill before All this and the following debates were managed cheifly by the Lords whose Names you will find to the following Protestations the First whereof was as followeth We whose Names are under Written being Peers of this Realm do according to our Rights and the ancient Vsage of Parliaments declare that the Question having been put whether the Bill entitled an Act to prevent the danger which may arise from Persons disaffected to the Government doth so far intrench upon the Priviledges of This House that it ought therefore to be cast out It being resolved in the Negative We do humbly conceive that any Bill which imposeth an Oath upon the Peers with a Penalâ—y as this doth that upon the refusal of that Oath They shall be made uncapable of Sitting and Voting in this House as it is a thing unpresidented in former Times so is it in Our humble Opinion the highest Invasion of the Liberties and Priviledges of the Peerage that possibly may be and most destructive of the Freedom which they ought to enjoy as Members of Parliament because the priviledges of Sitting and Voting in Parliament is an Honor they have by Birth and a Right so inherant in them and in separable from them as that nothing can take it away but what by the Law of the Land must withal take away their Lives and corrupt their Blood upon which ground we do here enter our Dissent from that Vote and our Protestation against it Buckingham Bridgwater Winchester Salisbury Bedford Dorset Aylisbury Bristol Denbigh Pagitt Holles Peter Howard E. of Berks Mohun Stamford Hallifax De la mer Eure Shaftsbury Clarendon Grey Roll. Say Seal Wharton The next Protestation was against the Vote of committing the Bill in the words following The Question being put whether the Bill Entituled An Act to prevent the Dangers which may arise from Persons disaffected to the Government should be commited It being carried in the Affirmative and We after several days debate being in no measure Satisfied but still apprehending that this Bill doth not only subvert the Priviledges and birth-right of the Peers by imposing an Oath upon them with the penalty of losing their Places in Parliament but also as We humbly conceive stick at the very root of Government it being necessary to all Government to have freedom of Votes and Debates in those who have power to alter and make Laws and besides the express words of this Bill obliging every Man to abjure all Endeavors to alter the Government in the Church without regard to any thing that rules of Prudence in the Government or Christian compassion to Protestant Dissenters or the necessity of Affairs at any time shall or may require Vpon these Considerations We humbly conceive it to be of dangerous consequence to have any Bill of this Nature so much as Committed and do enter our Dissents from that Vote and Protestation against it Buckingham Winton Salisbury Denbigh Bristol Howard of Berks Clarendon Stamford Shaftsbury Wharton Mohun De la mer Which Protestation was no sooner entred and subscribed the next day but the great Officers and Bishops raised a storm against the Lords that had Subscrib'd it endeavouring not only some
severe proceedings against their persons if they had found the House would have born it but also to have taken away the very liberty of Entring Protestations with Reasons but that was defended with so great Ability Learning and Reason by the L. Holles that they quitted the Attempt and the Debate run for some hours either wholly to raze the Protestation out of the Books or at least some part of it the Expression of Christian compassion to Protestant Dissenters being that which gave them most offence but both these ways were so disagreeable to the honor and priviledg of the House and the Latter to common Sense and Right that they despaired of carrying it and contented themselves with having voted That the Reasons given in the said Protestation did reflect upon the Honor of the House and were of dangerous consequence And I cannot here forbear to mention the Worth and Honor of that Noble Lord Holles suitable to all his former life that whilst the Debate was at the height and the Protesting Lords in danger of the Tower he begg'd the House to give hime leave to put his Name to that Protest and take his Fortune with those Lords because his sickness had forced him out of the House the day before so that not being at the Question he could not by the rules of the House Sign it This Vote against those twelve Lords begat the next day this following Protestation signed by 21. Whereas it is the undoubted priviledg of each Peer in Parliament when a Question is past contrary to his Vote and judgment to enter his Protestation against it and that in pursuance thereof the Bill entituled An Act to prevent the dangers which may may arise from persons disaffected to the Government being conceived by some Lords to be of so dangerous a Nature as that it was not fit to receive the countenance of a Committment those Lords did protest against the Commitment of the said Bill and the House having taken exceptions at some expressions in their Protestation those Lords who were present at the Debate did all of them severally and voluntarily declare That they had not intention to reflect upon any Member much less upon the whole House which as is humbly concâ—ived was more then in strictness did consist with that absolute freedom of Protesting which is inseparable from every Member of this House and was done by them meerly out of their great Respect to the House and their earnest desire to give all satisfaction concerning themselves and the clearness of their intentions Yet the House not satisfied with this their Declaration but proceeding to a Vote that the reasons given in the said Protestation do reflect upon the honor of the House and are of dangerous consequence which is in our humble Opinion a great discountenancing of the very liberty of Protesting We whose Names are under Written conceive our selves and the whole House of Peers extreamly concerned that this great Wound should be given as we humbly apprehend to so essential a priviledg of the whole peerage of this Realm as their liberty of Protesting do now according to our unquestionable Right make use of the same liberty to enter this our Dissent from and Protestation against the said Vote Bucks Winton Bedford Dorset Salisbury Bridgwater Denbigh Berks Clarendon Aylisbury Shaftsbury Say Seal Hallifax Audley Fits Water Eure Wharton Mohun Holles De la mer Grey Roll. After this Bill being committed to a Committee of the whole House the first thing insisted upon by the Lords against the Bill was that there ought to be passed some previus Votes to secure the Rights of Peerage and Priviledg of Parliament before they entred upon the debate or Amendments of such a Bill as this and at last two previous Votes were obtained which I need not here set down because the next Protestation hath them both in terminis Whereas upon the debate on the Bill entituled An Act to prevent the Dangers which may arise from Persons disaffected to the Government It was ordered by the house of Peers the 30th of Aprill last that no Oath should be imposed by any Bill or otherwise upon the Peers with a penalty in case of Refusal to lose their Places or Votes in Parliament or liberty to debate therein and whereas also upon debate of the same the Bill was ordered the Third of this instant May that there shall be nothing in this Bill which shall extend to deprive either of the Houses of Parliament or any of their Members of their just ancient Freedom and priviledg of debating any Matter or business which shall be propounded or debated in either of the said Houses or at any Conference or Committee of both or either of the said Houses of Parliament or touching the Repeal or Alteration of any Old or preparing any new Laws or the redressing any publick Grievance but that the said Members of either of the said Houses and the assistance of the House of Peers and every of them shall have the same freedom of Speech and all other Priviledges whatsoever as they had before the making of this Act. Both which Orders were passed as Previous directions unto the Committee of the whole House to whom the said Bill was committed to the end that nothing should remain in the said Bill which might any ways tend towards the depriving of either of the Houses of Parliament or any of their Members of their ancient freedom of Debates or Votes or other their priviledges whatsoever Yet the House being pleased upon the report from the Committee to pass a Vote That all Persons who have or shall have Right to sit and Vote in either House of Parliament should be added to the first enacted Clause in the said Bill whereby an Oath is to be imposed upon them as Members of either House which Vote We whose Names are under Written being Peers of this Realm do humbly conceive is not agreeable to the said two Previous Orders and it having been humbly offered and insisted upon by divers of us that the Proviso in the late Act Entituled An Act for preventing Dangers that may happen from Popish Recusants might be added to the Bill depending Whereby the Peerage of every Peer of this Realm and all their Priviledges might be preserved in this Bill as fully as in the said late Act Yet the House not pleasing to admit of the said Proviso but proceeding to the passing of the said Vote We do humbly upon the Grounds aforesaid and according unto our undoubted Right enter this our Dissent from and Protestation against the same Bucks Bedford Winton Salisbury Berks Bridgwater Stamford Clarendon Denbigh Dorset Shaftsbury Wharton Eure De la mer Pagitt Mohun This was their last Protestation for after this they alter'd their Method and reported not the Votes of the Committee and parts of the Bill to the House as they past them but took the same Order as is observed in other Bills not to report unto the
without Reordination but no Protestant Minister not Episcopally ordain'd but is required to be reordain'd as much as in us lies unchurching all the forreign Protestants that have not Bishops though the contrary was both allowâ—d and practis'd from the beginning of the Reformation till the time of that Act and several Bishops made of such as were never ordain'd Priests by Bishops Moreover the Vncharitableness of it was so much against the Interest of the Crown and Church of England casting off the dependency of the whole Protestant partie abroad that it would have been bought by the Pope and French King at a vast summ of Money and it is difficult to conceive so great an advantage fell to them meerly by chance and without their help so that he thought to endeavor to alter and restore the Liturgy to what it was in Queen Elizabeths days might consist with his being a very good Protestant As to the Catachisme he really thought it might be mended and durst declare to them it was not well that there was not a better made For the Homilies he thought there might be a better Book made and the 3. Hom. of Repairing and keeping clean of Churches might be omitted What is yet stranger then all this The Canons of our Church are directly the old Popish Canons which are still in force and no other which will appear if you turn to the Stat. 25. Hen. 8. cap. 19 confirmed and received by 1. Eliz. where all those Canons are establish'd untill an alteration should be made by the King in pursuance of that Act which thing was attempted by Edward the 6th but not perfected and let alone ever since for what reasons the Lords the Bishops could best tell and it was very hard to be obliged by Oath not to endeavour to alter either the English Common-Prayer book or the Canon of the Mass. But if they meant the latter That the Protestant Religion is contein'd in all those but that every part of those is not the Protestant Religion then â—e apprehended it might be in the Bishops Power to declare ex post facto what is the Protestant Religion or not or else they must leave it to every man to judge for himself what parts of those books are or are not and then their Oath had been much better let alone Much of this nature was said by that Lord and Others and the great Officers and Bishops were so hard put to it that they seemed willing and convinced to admit of an Expedient The Lord Wharton and Old and Expert Parliament Man of eminent Piety and Abilities beside a great Friend to the Protestant Religion and Interest of England offer'd as a cure to the whole Oath and what might make it pass in all the 3 parts of it without any farther debate the addition of these words at the latter end of the Oath Viz. as the same is or shall be establish'd by Act of Parliament but this was not endured at all when the Lord Grey of Rollston a worthy and true English Lord offered another Expedient which was the addition of words by force or fraud to the beginning of the Oath and then it would run thus I do swear not to endeavor by force or fraud to alter this was also a cure that would have passed the whole Oath and seemed as if it would have carried the whole House The Duke of York and Bishop of Rochester both secondâ—ng it but the Lord Treaâ—urer who had privately before consented to it speaking against it gave the word and sign to that party and it being put to the question the major Vote answered all arguments and the L. Grey's Proposition was laid aside Having thus carried the question relying upon their strength of Votes taking advantage that those expedients that had been offered extended to the whole Oath though but one of the 3 Clauses in the Oath had been debated the other two not mentioned at all they attempted strongly at nine of the Clock at night to have the whole Oath put to the question and though it was resolutely opposed by the Lord Mohun a Lord of great courage and resolution in the Publick Interest and one whose own personal merits as well as his Fathers gave him a just title to the best favors of the Court yet they were not diverted but by as great a disorder as ever was seen in that House proceeding from the rage those unreasonable proceedings had caused in the Country Lords they standing up in a clump together and crying out with so loud a conâ—inued Voice Adjourn that when silence was obtain'd Fear did what Reason could not do cause the question to be put only upon the first Clause concerning Protestant Religion to which the Bishops desired might be added as it is now established and one of the eminentest of those were for the Bill added the words by Law so that as it was passed it ran I A. B. do swear that I will not endeavor to alter the Protestant Religion now by Law established in the Church of England And here observe the words by Law do directly take in the Canons though the Bishops had never mentioned them And now comes the consideration of the latter part of the Oath which comprehends these 2 Clauses viz. nor the Goverment either in Church or State wherein the Church came first to be considerd And it was objected by the Lords against the Bill that it was not agreeable to the King's Crown and Dignity to have His Subjects sworn to the Government of the Church equally as to Himself That for the Kings of England to swear to maintain the Church was a diffeâ—ent thing from enjoyning all His Officers and both His Houses of Parliament to swear to them It would be well understood before the Bill passed what the Government of the Church we are to swear to is and what the Boundaries of it whether it derives no Power nor Authority nor the exercise of any Power Authority or Function but from the King as head of the Church and from God as through him as all his other Officers do For no Church or Religion can justify it self to the Government but the State Religion that ownes an entire dependency on and is but a branch of it or the independent Congregations whilest they claim no other power but the exclusion of their own members from their particular Communion and endeavor not to set up a Kingdom of Christ to their own use in this World whilest our Saviour hath told us that His Kingdom is not of it for otherwise there would be Imperium in imperio and two distinct Supream Powers inconsistent with each other in the same place and over the same persons The Bishops alâ—eadged that Priesthood and the Power thereof and the Authorities belonging thereunto were derived immediately from Christ but that the license of exercising that Authority and Power in any Country is derived from the civil Magistrate To which was replied that it was a
dangerous thing to secure by Oath and Act of Parliament those in the exercise of an Authority and power in the King's Country and over His Subjects which being received from Christ himself cannot be altered or limitted by the King's Laws and that this was directly to set the Mitre above the Crown And it was farther offered that this Oath was the greatest attempt that had been made against the King's Supremacy since the Reformation for the King in Parliament may alter diminish enlarge or take away any Bishoprick He may take any part of a Diocess or a whole Diocess and put them under Deans or other Persons â—or if this be not lawful but that Episcopacy should be jure divino the maintaining the Government as it is now is unlawful since the Deans of Hereford and Salisbury have very large tracts under their jurisdiction and several Parsons of Parishes have Episcopal jurisdiction so that at best that Government wants alteration that is so imperfectly settled The Bishop of Winchester affirmed in this debate several times that there was no Christian Church before Calvin that had not Bishops to which he was answered that the Albigenses a very numerous People and the only visible known Church of true beleivers of some Ages had no Bishops It is very true what the Bishop of Winchester replyd that they had some amongst them who alone had power to ordain but that was only to commit that power to the Wisest and Gravest Men amongst Them and to secure ill and unfit Men from being admitted into the Ministery but they exercis'd no jurisdiction over the others And it was said by divers of the Lords that they thought Episcopal Government best for the Church and most suitable for the Monarchy but they must say with the Lord of Southampton upon the occasion of this Oath in the Parliament of Oxford I will not be sworn not to take away Episcopacie there being nothing that is not of Divine Precept but such circumstances may come in humane affairs as may render it not Eligible by the best of Men. And it was also said that if Episcopacy be to be received as by Divine Precept the King's Supremacy is overthrown and so is also the opinion of the Parliaments both in Edw. 6. and Queen Elizabeths time and the constitution of our Church ought to be altered as hath been shewd But the Church of Rome it self hath contradicted that Opinion when She hath made such vast tracts of ground and great numbers of Men exempt from Episcopal jurisdiction The Lord Wharton upon the Bishops claim to a Divine Right asked a very hard question viz. whether they then did not claim withall a power of Excommunicating their Prince which they Evading to answer and being press'd by some other Lords said they never had done it Upon which the Lord Hallifax told them that that might well be for since the Reformation they had hitherto had too great a dependance on the Crown to venture on that or any other Offence to it and so the debate passed on to the third Clause which had the same exceptions against it with the two former of being unbounded How far any Man might meddle and how far not and is of that extent that it overthrew all Parliaments and left them capable of nothing but giving Money For what is the business of Parliaments but the alteration either by adding or taking away some part of the Government either in Church or State and every new Act of Parliament is an alteration and what kind of Government in Church and State must that be which I must swear upon no alteration of Time emergencie of Affairs nor variation of humane Things never to endeavor to alâ—er Would it not be requâ—site that such a Government should be given by God himself and that withall the Ceremonie of Thunder and Lightening and visible appearance to the whole People which God vouchsafed to the Chrildren of Israel at Mount Sinaj and yet you shall no where read that they were sworn to it by any oath like this nay on the Contrary the Princes and the Rulers even those recorded for the best of them did make severâ—l variations The Lord Stafford a Noble Man of great Honor and Candour but who had been all along for the Bill yet was so far convinced with the debate that he freely declared there ought to be an addition to the Oath for preserving the freedom of debates in Parliament This was strongly urged by the never to be forgotten Earl of Bridgwater who gave reputation and strength to this Cause of England as did also those worthy Earls Denbigh Clarendon and Aylisbury Men of great Worth and Honor. To Salve all that was said by these and the Other Lords The Lord Keeper and the Bishops urged that there was a Proviso which fully preserved the Priviledges of Parliament and upon farther enquiry there appearing no such but only a Previous vote as is before mention'd they allowâ—d that that Previous vote should be drawn into a Proviso and added to the Bâ—ll and then in their opinion the Exception to the Oath for this cause was perfectly removed but on the other side it was offered that a positive absolute Oath being taken a Proviso in the Act could not dispence with it without some reference in the body of the Oath unto that Proviso but this also was utterly denied untill the next day the debate going on upon other matters the Lord Treasurer whose authority easily obtained with the major Vote reassumed what was mentioned in the Debates of the proceeding days and allow'd a reference to the Proviso so that it then past in these words I A. B. do swear that I will not endeavor to alter the Protestant Religion now by Law Establisht in the Church of England nor the Government of this Kingdom in Church or State as it is now by Law established and I do take this Oath according to the meaning of this Act and the Proviso contain'd in the same so help me God There was a passage of the very greatest observation in the whole debate and which with most clearness shewd what the great Men and Bishops aimed at and should in order have come in before but that it deserved so particular a consideration that I thought best to place it here by it self which was that upon passing of the Pâ—oviso for preserving the Rights and Priviledges of Parliaments made out of the Previous Votes It was excellently observ'd by the Earl of Bullingbrook a Man of great Abilitie and Learning in the Laws of the Land and perfectly stedfast in all good English Principles that though that Proviso did preserve the freedom of Debates and Votes in Parliament yet the Oath remain'd notwithstanding that Proviso upon all Men that shall take as a prohibition either by Speech or Writing or Address to endeavor any alteration in Religion Church or State nay also upon the Members of both Houses otherwise then as they speak and vote in