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Hist
Hom

REASONS

sabrina FOR

ABROGATING

THE

TEST.

T

HETEST impofed upon all
Members of Parliament, Otto-
ber 30. 1678. ought (I hum-
bly conceive) to be repeal'd for
these Reasons.

First, Because it doth not only diminish, but utterly destroy the natural Rights of Peerage, and turns the Birth-right of the English Nobility into a precarious Title: So that what was in all former Ages only forfeited by Treason, is now at the mercy of every Faction or every Paffion in Parliament. And therefore how useful foever

the Teft might have been in its season, it fome

6.1

time(^

I

٦

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 imposed.

And therefore I remember that in the First Transubstantiation-Test, Anno Dom. 1673. the Rights of Peerage are [ indeed according to constant Custom secur'd by Proviso. Provided always, That neither this Act, nor anything therein contained, hall extend, be judged, or interpreted any ways to hurt or prejuDice the Perage of any Der of this Realm, o2 to take away any right, power, privilege oz profit, which any person being a Per of this Realm] hath or ought to enjoy by realon of his prerage, either in time of Parliament or otherwise.

:

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

No body could except against the Matter of the Test it self, much less the Nobility, who had generally taken it upon the Account of their feveral Trusts in the Militia. So that the only Debate was, Whether the very Proposal of it, as a Qualification for a Right to fit in Parliament, 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 House, April 21. 1675. Before the putting of the Question, this PROTESTATION is entred.

were

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

"The House refolv'd into a Committee to confider of "it, and being resum'd, the Question was put, Whe "ther this Bill does so far intrench upon the Privi"leges of this House, as it ought therefore to be caft " out? It was at first resolved in the Negative with "this Memorandum, That before the putting the " abovesaid Question, these Lords following defired "Leave to enter their Dissents, if the Question was " carried in the Negative, and accordingly did enter "their Dissents, 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, entituled, An Act to prevent the Dangers " which may arise from Persons disaffected to "the Government, does so far entrench upon the "Privileges 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"pofetk

"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 “ House : As it is a thing unpresidented in former "Times, so is it in our bumble Opinion the bighest In"vasion of the Liberties and Privileges of the PeerCage 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 so inherent in 'em, and inseparable from'em " as that nothing can take it way, but what by the Law " of the Land must withal take away their Lives, and of the pro- " corrupt their Blood; upon which Ground, We do bere testing "enter our Diffent from that Vote,

TheNames

Peers to

the number "restation against it.

to be seen

and our Pro

A

of 23. arc QUÆRE, How many of those Noble Lords in the Jour- voted for the Teft in 1678. and then, whether if pal Book. they have preferv'd their Rights of Peerage, they

have preserv'd its Honour too?

But the Debate was kept up many Days, till at laft, 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 House, Nemine Contradicente, as fol loweth.

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

"be

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