Anthony Ashley Cooper

“ First, to make a distinct Party from the rest of the Nation of the High Episcopal Man, and the Old Cavalier, who are to swallow the hopes of enjoying all the Power and Office of the Kingdom, being also tempted by the advantage they may recieve from overthrowing the Act of Oblivion, and not a little rejoicing to think how valiant they should prove, if they could get any to fight the Old Quarrel over again ”

“ For instance, if in a Suit with a great Favourite, a man recovers House and Lands, and by course of Law be put into Possession by the Sheriff, and afterwards a Warrant is obtain'd by the interest of the person, to command some Souldiers of the standing Army to take the possession and deliver it back, in such a case, the man in Possession may justify to defend himself, and killing those who shall violently endeavour to enter his house, the party, whose house is invaded, takes up Armes by the King's Authority against those, who are Commissioned by him. ”

“ 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 ”

“ In order to this, The first step was made in the Act for Regulating Corporations, wisely beginning, that in those lesser Governments which they meant afterwards 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. ”

“ That the design is to declare us first into another Govern­ment 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 parting with its Supremacy, and suffering them to be sworn to equal with it self. ”

“ It was also insisted on by that Lord and others, that the Oath imposed by the Bill, con­tained Three Clauses, the two former Assertory, and the last Promissory, and that it was worthy the Consideration of the Bishops, Whether Assertory Oaths, which were properly appointed to give testimony of a matter of Fact, whereof a Man is capable to be fully assured by the evidence of his Senses, be lawfully to be made use of to Confirm, or Invalidate Doctrinal Propositions, and whether that Legislative power, which imposes such an Oath, doth not necessarily assume to it self an Infallibility? ”

“ 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 ”

“ For though the White Rose and the Red chang'd fortunes often to the ruine, slaugh­ter 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 ”

“ In all these and the like Cases it was not justified, but that the strict Letter of the Law might be otherwise construed, and when wisely considerd, fit it should be so, yet that it was not safe either for the Kingdom, or person of the King and His Crown, that it should be in express words Sworn against; for if we shall forswear all Distinctions, which ill Men have made ill use of, either in Rebellion, or Heresy, we must extend the Oath to all the particulars of Divinity, and Politiques. ”

“ 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. ”

“ 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 danger of the penalty of 500l. 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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,
After this Bill being committed to a Committee of the whole House, the first thing insisted upon by the Lords against the Bill ”

“ Here the mask was plainly pluckt off, and Arbitrary Government appear'd bare-faced, and a standing Army to be established by Act of Parliament, for it was said by several of the Lords, That if whatever is by the Kings Commission, be not opposed by the King's Authority, then a standing Army is Law when ever the King pleases; and yet the King's Commission was never thought sufficient to Protect, or justify any man, where it is against his Authority, which is the Law ”

“ 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. ”

“ 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 ”

“ 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. ”

“ 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 ”

“ 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 ”

“ 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 ”

“ 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. ”

“ 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 ”

“ Of which noble de­sign no part is owing to any of the Countrey Lords, for they seve­ral of them begg'd, at the first entrance into the Debate, that they might not be engaged in such disputes, as would unavoidably pro­duce divers things to be said, which they were willing to let alone. ”