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turday last against a Decree in Chancery in Favour of Sir Thomas Harvey, and Confideration had concerning the

fame,

Contents 47
Not Cont. 44

The Question was put, that this House will not proceed upon the Petition of Mrs. Harvey until fhe doth perfonally appear, having the Protection of this House, or give fufficient Security to perform fuch Order as this House fhall make?

Diffentient'

It was refolved in the Affirmative.

I do diffent to this Vote, being a heavy and unprecedented Obstruction to Judicature and Appeals.

Anglefey.
Die Mercurii 3° Junii, 1685.

Upon Report from the Committee of the whole House, on the Bill for reverfing the Attainder of the Lord Viscount Stafford.

The Question was put, whether this Bill, with the Amendments, fhall be engroffed?

It was refolved in the Affirmative.

Dissentient'

ft, Because the Affertion in the Bill, of its being now manifeft that the Viscount Stafford died innocent, and that the Teftimony on which he was convicted was false, which are the fole Grounds and Reasons given to fupport the Bill, are deftitute of all Proof, Warrant, or Teftimony of Witness, or Matter of Record before us.

2dly, That the Record of the King's-Bench read at the Committee concerning the Conviction, laft Term, of one of the Witneffes for Perjury in collateral Points of Proof of no Affinity to the Lord Stafford's Trial, and given several Years before, 'tis conceived, can be no Ground to invalidate the Teftimony upon which the faid Viscount was convicted, which could never legally be by one Witness, and was, in fact, by the Judgment of his Peers, on the Evidence of at least three.

3dly, It's conceived, the faid Judgment in the King'sBench, and the whole Proceedings, were unprecedented, illegal and unwarrantable, highly derogatory to the Honour, Judicature and Authority of this Court, who

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have Power to queftion and punish Perjuries of Witneffes before them, and ought not to he impofed upon by the Judgments of inferior Courts, or their Attainders of a Peer, invalidated by Implication; and the Popish Plot fo condemn'd, pursued and punished by his Majefty and four Parliaments, after publick folemn Devotion through the whole Kingdom, by Authority of Church and State, to be eluded to the Arraignments and Scandal of the Government, and only to be reftoring of the Family of one Popish Lord; and all this being without any Matter judicially appearing before us to induce the fame, and the Records of that Trial not fuffered to be read for Information of the Truth before the paffing of the Bill.

Lafily, For many other weighty Reafons offered and given by divers Peers in the two Days Debate of this Bill, both in the Committees and the House. Anglesey. Die Jovis 4° Junii, 1685.

Hodie 3a vice leta eft Billa, An Act for reverfing the Attainder of William late Viscount Stafford.

The Queftion being put, whether this Bill shall pafs? It was refolved in the Affirmative.

Diffentient'

I Anglefey proteft against this Bill's paffing, for the fame Reafons enter'd the Day before.

I protest against this Bill, because the Preamble was not amended, and no Defect in Point of Law alledged as a Reafon for the Reverfal of the Attainder.

Die Mercurii 6. Martii, 1688.

Clare.

Hodie za vice leta eft Billa, An Act for the better Regulation of Trials.

The Question was put, whether this Bill fhall pass?
It was refolved in the Affirmative.

Leave was given to any Lords to enter their Diffents; and accordingly thefe Lords following enter'd their Dif fents in the Reasons following:

1st, Because nothing ever was or may be put into an Act of Parliament, that can reflect fo much upon the Honour of the Peerage as this will.

zdly, Because this fets the Honour of the Peers and

the Commons upon an equal Foot.

3dly,

3dly, Because fuch Perfons as may have Caufes to be heard at the Bar of this Houfe will not be fo confident of the Juftice of the Peers, and confequently be jealous of the Right that may be expected upon Impeachments.

4thly, Because this ftrikes at the Root of all the Privileges of the Peers, moft of which they claim by reafon of the great Regard that the Law has to the Honour and Integrity of the Peers above that of the Cominons; the Statute de Scandalis Magnatum being enacted for that Reason only.

5thly, Becaufe it will be, in fome fort, a Mark of Reproach upon every Peer who fhall be challenged, unless there be very great and apparent Caufe for it.

6thly, Because this will tend to maintain Feuds and Animofities amongst the Peers.

7thly, Becaufe, at this time, it is unreasonable, confidering the late Difputes and Divifions that have been in this Houle.

8thly, Because the Honour of every Man, much more of a Peer, is, or ought to be more valuable than his Life.

Delawar,

North and Grey,

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King fon,

Lucas,

Manchefer,

Lindley, G. C.

H. London,

Norfolk and

Craven,

Morley and

Marfball,

Northampton,

Mounteagle,

Berkeley, S.

Delamar,

Die Jovis 21° Martii, 1688.

The Houfe having been in Confideration of the Bill for abrogating the Oaths of Allegiance and Supremacy,' and establishing others in their Place.

A Claufe for repealing fo much of the Teft-Act as concerns the receiving the Sacrament was read.

And the Question being put, whether to agree to the faid Claufe?

It was refolved in the Negative.

Leave was given by the Houfe to fuch Lords as will, to enter their Diffents, and accordingly thefe Lords following do enter their Diffents, for the Reasons following: 1f, Because a hearty Union amongst Proteftants is a greater Security to the Church and State than any Test that can be invented.

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2 lly,

2dly, Because this Obligation to receive the Sacrament is a Teft on Proteftants rather than on the Papifts.

3dly, Because fo long as it is continued, there cannot be that hearty and thorough Union amongst Proteftants as has always been wifhed, and is at this time indifpenfably neceffary.

Athly, Becaufe a greater Caution ought not to be required from fuch as are admitted into Offices than from the Members of the two Houfes of Parliament, who are not obliged to receive the Sacrament to enable them to fit in either Houfe.

North and Grey,
Chesterfield

J. Lovelace,

Delamer,
Grey,
Vaughan,

Stamford,
P. Wharton.

Die Sabbati 23 Martii, 1688.

Hodie za vice leta eft Billa, An A&t for the abrogating of the Oaths of Supremacy and Allegiance, and appointing other Oaths.

A Rider (in Parchment) providing, that no Officer fhall incur the Penalties of the Test-Act, in case he shalt receive the Sacrament in any Proteftant Congregation within a Year before or after his Admiffion, was offered and read.

And the Question being put, whether this Rider fhall be made Part of the Bill?

It was refolved in the Negatire.

Leave was given to fuch Lords as will, to enter their Diffents, and these Lords do enter their Diffents in the Reafons following:

ft, Because it gives great Part of the Proteftant free Men of England Reason to complain of Inequality and hard Ufage, when they are excluded from publick Employments by a Law, and alfo, because it deprives the King and Kingdom of divers Men fit and capable to ferve the Public in several Stations, and that for a mere Scruple of Confcience, which can by no means render then fufpected, much lefs difaffected, to the Go

vernment.

2dly, Because his Majefty, as the common and indulgent Father of his People, having expreffed an earnest Defire of Liberty for tender Confciences to his Prote

ftant

ftant Subjects; and my Lords the Bishops having, divers of them, on feveral Occafions profeffed an Inclination, and owned the Reasonableness of fuch a Chriftian Temper; we apprehend, it will raise Sufpicions in Mens Minds of fomething different from the Cafe of Religion or the Publick, or a Defign to heal our Breaches, when they find, that by confining fecular Employments to ecclefiaftical Conformity, those are shut out from Civil Affairs whofe Doctrine and Worship may be tolerated by Authority of Parliament, there being a Bill before us, by Order of the House, to that Purpofe; efpecially when, without this exclufive Rigour, the Church is fecured in all her Privileges and Preferments, no body being hereby let into them who is not ftrictly conformable. 3dly, Because to set Marks of Diftinction and Humiliation on any Sort of Men, who have not render'd themfelves juftly fufpected to the Government, as it is at all Times to be avoided by the Makers of juft and equitable Laws, fo may it be particularly of ill Effect to the reformed Intereft at home and abroad, in this prefent Conjuncture, which stands in Need of the united Hands and Hearts of all Proteftants against the open Attempts and fecret Endeavours of a restlefs Party, and a potent Neighbour, who is more zealous than Rome itself to plant Popery in thefe Kingdoms, and labours, with his utmoft Force, to fettle his Tyranny upon the Ruins of the Reformation all through Europe.

4thly, Because it turns the Edge of a Law (we know not by what Fate) upon Proteftants and Friends to the Government, which was intended against Papifts, to exclude them from Places of Truft, as Men avowedly dangerous to our Religion and Government; and thus the taking the Sacrament, which was enjoined only as a Means to difcover Papifts, is now made a diftinguishing Duty amongst Proteftants, to weaken the whole by cafting off a Part of them.

5thly, Becaufe Mysteries of Religion and divine Worfhip are of divine Original, and of a Nature fo wholly diftant from the fecular Affairs of publick Society, that they cannot be applied to those Ends; and therefore the Church, by the Law of the Gospel, as well as common Prudence, ought to take Care not to offend either ten

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