Page:A Letter from a Person of Quality, to His Friend in the Country (1675).pdf/38

 Members of both Houses are of all the Nation the most dangerous to be sworn into a mistake, or change of the Government, and that, as to the Members of both Houses, the penal­ty of 500l. was directly against the latter of the 2. Previous Votes, and although they had not applied the penalty of Incapacity unto the Members of both Houses, because of the first Previous Vote in the Case of the Lords, neither durst they admit of a Proposition made by some of themselves, that those that did not come up, and Sit as Members, should be lyable to the taking the Oath, or penalty, untill they did so: Yet their Ends were not to be compassed without invading the latter Previous Vote, and contrary to the Rights and Priviledges of Parliament enforce them to swear, or pay 500l. every Parliament, and this they carried through with so strong a Resolution, that having experienced their misfortunes in replys for several hours, not one of the party could be provoked to speak one word. 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. Yet notwithstanding it provides not a power, in many cases, for them to part with it, before this Oath overtake them; For the clause ''whoever is in Office the 1. September'' will not relieve a Justice of the Peace, who, being once Sworn, is not in his own power to be left out of commission; and so might be instanced in several other cases; as also the members of the House of Commons were not in their own power to be unchosen; and as to the Lords, they were subjected by it to the meanest condition of Mankind, if they could not enjoy their Birthright, without playing Tricks sutable to the Humour of every Age, and be enforced to swear to every fancie of the present times. Three years ago it was All Liberty and Indulgence, and now it is Strict and Rigid Conformity and what it may be, in some Rh