DIE Sabbati, 23 die Martii.
Domini tam Spirituales quam Temporales præsentes
Archb. of Yorke.
Epus. St. Asaph.
|Comes Danby, L. President.
Marq. de Halyfax, C. P. S.
Dux Norff. Comes Maresc.
Dux de Somerset.
Dux de South'ton.
Dux de Beaufort.
Marq. de Winton.
Comes Devon, L. Steward.
Comes Dorset & Mid. L. Chamb.
Ds. Grey de Ruthin.
Ds. North & Grey.
Ds. Grey de Wark.
M. de Halyfax Speaker pro Tempore.
Bill for abrogating the Oaths, and appointing new ones:
vice lecta est Billa, "An Act for the
abrogating of the Oaths of Supremacy and Allegiance, and appointing other Oaths."
Before the putting of the Question, a small necessary
Clause was added at the Table.
A Rider offered.
A Member of the House offered a Clause, to be
added, as a Rider, to this Bill; which was read, as
"And to the End no Person may be induced to
take the Sacrament of the Lord's Supper upon any
other Account than in Obedience to the Holy Institution thereof by our Blessed Lord and Saviour,
which, nevertheless with the taking of the Oaths
(hereby abrogated), is appointed to be received, to
enable any Person to bear any Office or Employment of Trust, by an Act of King Charles the Second, intituled, "An Act for preventing Dangers
which may happen from Popish Recusants:" It is
therefore hereby Provided, and further Enacted, by
the Authority aforesaid, That it shall and may be
lawful for any Person or Persons taking the said
Oaths, and making the Declaration, by the last recited Act appointed, to be capable of, and to use
and exercise, any Office, Employment, or Place of
Trust, or receive any Pay, Salary, Fee, or Wages
from His Majesty, that within One Year next before, or within One Year next after, his Admission,
or Entrance thereunto, or of his having such Pay,
Salary, Fee, or Wages, hath received, or shall receive, the Sacrament of the Lord's Supper according to the Usage of the Church of England, or, not
according to the Usage of the Church of England,
in any Protestant Congregation, although such Person shall not receive the said Sacrament at such
Times, and in such Manner, as is appointed by the
said Act made in the 25th Year of King Charles the
Second; and such Person who hath received, or shall
receive, the said Sacrament as is hereby mentioned,
shall not incur any Penalty whatsoever for not receiving the Lord's Supper according to the said recited
Act made in the 25th Year of King Charles the Second, any Thing contained in the said Act to the contrary thereof in any Wife notwithstanding, so as a
Certificate be delivered of the said Person's having
received the said Sacrament of the Lord's Supper,
under the Hands of the Minister, and Two other
credible Persons Members of such Protestant Congregation where such Person received the said Sacrament;
and that Proof shall be made of the Truth thereof by Two credible Witnesses at the least upon
Oath; which Certificate, so proved, shall be enquired of, and put upon Record in His Majesty's
Court of Chancery or King's Bench, or at the
Quarter Sessions for the County or Place where he
And the Question being put, "Whether this
Rider in Parchment, now brought in, shall
be made Part of this Bill?"
It was Resolved in the Negative.
Protest against rejecting it.
Leave was given to such Lords as will, to enter their
Dissents; and these Lords do enter their Dissents, in
the Reasons following:
"1. Because it gives great Part of the Protestant
Freemen of England Reason to complain of Inequality and hard Usage, when they are excluded from
public Employments by a Law; and also because
it deprives the King and Kingdom of divers Men fit
and capable to serve the Public in several Stations,
and that for a meet Scruple of Conscience, which
can by no Means render them suspected, much less
dissaffected to the Government.
"2. Because His Majesty, as the common and indulgent Father of His People, having expressed an
earnest Desire of Liberty for tender Consciences to
His Protestant Subjects; and my Lords the Bishops
having divers of them, on several Occasions, prosessed an Inclination to, and owned the Reasonableness of, such a Christian Temper; we apprehend,
it will raise Suspicions in Men's Minds, of something different from the Case of Religion or the
Public, or a Design to heal our Breaches, when
they find that, by confining Secular Employments to
Ecclesiastical Conformity, those are shut out from
Civil Affairs whose Doctrine and Worship may be
tolerated by Authority of Parliament; there being
a Bill before us, by Order of the House, to that
Purpose; especially when, without this exclusive
Rigour, the Church is secured in all her Privileges
and Preferments, nobody being hereby let into them,
who is not strictly conformable.
"3. Because to set Marks of Distinction and Humiliation on any Sort of Men who have not rendered themselves justly suspected to the Government,
as it is at all Times to be avoided by the Makers
of just and equitable Laws, so may it be particularly of ill Effect to the Reformed Interest at Home
and Abroad in this present Conjuncture; which
stands in Need of the united Hands and Hearts of
all Protestants, against the open Attempts and secret Endeavours of a restless Party, and a potent
Neighbour, who is more zealous than Rome itself
to plant Popery in these Kingdoms, and labours
with his utmost Force to settle his Tyranny upon
the Ruins of the Reformation all through Europe.
"4. Because it turns the Edge of a Law (we know
not by what Fate) upon Protestants and Friends to
the Government, which was intended against Papists, to exclude them from Places of Trust, as Men
avowedly dangerous to our Religion and Government. And thus the Taking the Sacrament, which
was enjoined only as a Means to discover Papists, is
now made a distinguishing Duty amongst Protestants
to weaken the Whole, by casting off a Part of them'.
"5. Because Mysteries of Religion and Divine Worship are of Divine Original, and of a Nature so
wholly distant from the Secular Affairs of Politic
Society, that they cannot be applied to those Ends;
and therefore the Church, by the Law of the Gosspel as well as common Prudence, ought to take
Care not to offend either tender Consciences within
itself, or give Offence to those without, by mixing
their Sacred Mysteries with Secular Interests.
"6. Because we cannot see how it can consist with
the Law of God, common Equity, or the Right of
any free-born Subject, that any one be punished
without a Crime. If it be a Crime not to take the
Sacrament according to the Usage of the Church of
England, every one ought to be punished for it;
which nobody affirms. If it be no Crime, those
who are capable and judged fit for Employment by
the King, ought not to be punished with a Law of
Exclusion for not doing that which it is no Crime
"If it be urged still as an effectual Test to discover and keep out Papists, the taking the Sacrament in those Protestant Congregations where they
are Members and known will be at least as effectual
to that Purpose.
The Question being put, "Whether this Bill
It was Resolved in the Affirmative.
Message to H. C. with the Bill.
A Message was sent to the House of Commons, by
Sir Miles Cooke and Mr. Metwin:
To let them know, that this House hath passed a Bill,
intituled, "An Act for the abrogating of the Oaths
of Supremacy and Allegiance, and appointing other
Oaths;" and to desire their Concurrence thereunto.
Message from thence, that they agree to the Bill for reviving Proceedings at Law.
A Message was brought from the House of Commons, by Sir John Holt and others:
Who returned the Bill for reviving of Actions and
Process lately depending at Westminster, and discontinued by the not holding of Hillary Terme; and for
supplying other Defects relating to Proceedings at
Law; which being sent down with some Amendments,
the Commons do agree to those Amendments.
Roper versus Roper.
This Day being appointed to hear the Counsel of
Edward Roper, upon his Petition and Appeal against
an Order made against him in the Court of Chancery,
at the Suit of Anne Roper; who was also heard, by
her Counsel, at this Bar:
The House did adjourn the giving a Determination
in this Cause until Wednesday next, at Ten of the Clock
in the Forenoon.
Letter from Archb. of Cant.
The Speaker acquainted the House with a Letter
which he had received from the Archbishop of Canterbury.
Which Letter being read;
It is ORDERED, That the Debate of this Letter is
adjourned to Monday next.
Lords Leave to be absent.
ORDERED, That the Duke of Somerset hath Leave
to go out of Town, for a little Time.
ORDERED, That the Earl of Kingston hath Leave
to go out of Town, for a little Time.
Marq. de Halyfax, Orator Procerum pro Tempore,
declaravit præsens Parliamentum continuandum esse
usque in diem Lunæ, videlicet, 25um diem instantis
Martii, 1688/9, hora decima Aurora, Dominis sic decernentibus.