T

HETEST imposed upon all
Members of Parliament, Octo-
ber 30. 1678. ought (I hum-
bly conceive) to be repeal'd for
thefe Reafons.

Firft, Because it doth not
only diminish, but utterly de-
ftroy the natural Rights of Peerage, and turns
the Birth-right of the English Nobility into a
precarious Title: So that what was in all for-
mer Ages only forfeited by Treafon, is now at
the
Faction or every Paffion in
mercy of every
Parliament. And therefore how useful foever
the Teft might have been in its feafon, it fome

time

time must prove a very ill Precedent against the Rights of Peerage; for if it may be allow'd in any Cafe, there is no Cafe in which it may not be impofed.

And therefore I remember that in the First

Tranfubftantiation-Teft, Anno Dom. 1673. the Rights of Peerage are [ indeed according to conftant Custom fecur'd by Provifo. Provided always, That neither this Act, no? anything therein contained, Hall extend, be judged, oz interpzeted any ways to hurt oz pzejuDice the Pirage of any Pier of this Reain, 02 to take away any right, power, privilege oz profit, which any perlon [being a Per of this Realm hath oz ought to enjoy by reason of his Peerage, either in time of Parliament oz otherWife.

And in the Year 1675. when this Teft or Oath of Loyalty was brought into the House of Peers, That it is not lawful upon any Pretence whatfoever to take up Arms against the King, and by his Authority against his Perfon, it was vehemently protested against as a Breach of Privilege.

No body could except against the Matter of the Teft it felf, much lefs the Nobility, who had generally taken it upon the Account of their feveral Trufts in the Militia. So that the only Debate was, Whether the very Propofal of it, as a Qualification for a Right to fit in Parliament,

were

were not a Breach of the fundamental Right of Peerage? And after fome Debates upon the point of Peerage it was, without ever entring into the Merits of the Caufe it felf, thrown out by an unanimous Vote of the Houfe, April 21. 1675. Before the putting of the Queftion, this PRO TESTATION is entred.

“ A Bill to prevent the Dangers which may arife "from Perfons difaffected to the Government.

"The Houfe refolv'd into a Committee to confider of e it, and being refum'd, the Question was put, Whe "ther this Bill does fo far intrench upon the Privi "leges of this House, as it ought therefore to be caft (c out? It was at first refolved in the Negative with "this Memorandum, That before the putting the "abovefaid Question, thefe Lords following defired "Leave to enter their Diffents, if the Question was "carried in the Negative, and accordingly did enter "their Diffents, as followeth.

"We, whofe Names are under-written, being Peers of this Realm, do according to our Rights, "and the ancient ufage of Parliaments, declare, "That the Question having been put, Whether the "Bill, entituled, An Act to prevent the Dangers "which may arife from Perfons difaffected to "the Government, does fo far entrench upon the Privileges of this Houfe, that it ought therefore ແ to be caft out, it being refolved in the Negative, "We do bumbly conceive, That any Bill which im"pofeth

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3

TheNames

of the pro

testing Peers to

the number

of 23. arc

to be feen

"pofeth an Oath upon the Peers with a Penalty, as this doth, That upon the refusal of that Oath, they shall "be made uncapable of fitting and voting in this "Houfe: As it is a thing unprefidented in former "Times, So is it in our humble Opinion the highest Invafion of the Liberties and Privileges of the Peerage thai poffibly may be, and most destructive of the "Freedom which they ought to enjoy as Members of " Parliament.

"Because the Privilege of Sitting and Voting in « Parliament is an Honour they have by Birth, and a "Right fo inherent in 'em, and infeparable from em, “as that nothing can take it way, but what by the Law "of the Land muft withal take away their Lives, and corrupt their Blood; upon which Ground, We do bere enter our Dillent from that Vote, and our Proteftation against it,

QUARE, How many of thofe Noble Lords in the Jour- voted for the Test in 1678. and then, whether if nal Book. they have preferv'd their Rights of Peerage, they have preferv'd its Honour too?

But the Debate was kept up many Days, till at last, April 30. 1675. it came to this Iflue.

It was at last resolved, That no Oath shall by this Bill be impofed; and pafs'd into a general Order by the whole Houfe, Nemine Contradicente, as fol loweth.

"Ordered by the Lords Spiritual and Temporal "in Parliament assembled, That no Oath "Shall

"be