While he was fpeaking, the Duke of York, enraged at him, Anno 25, Car. whisper'd the King, What a Rogue have you of a Lord Chan. II. 1672-3. cellor! The King briskly reply'd, Cod's Fish; what a Fool

bave you of a Lord-Treasurer ?

The Debate ended in a Ruffle, and the Lord Clifford narrowly escaped being fent to the Tower; and finding himfelf thas given up by the King, like his new Opponent, he declared, He would ferve no Prince in the World who had not Courage to avow his Principles, and support his Ministers in the Execution of his Demands.

Thefe laft Paffages were deliver'd to us on the Authority of a MS. left by Sir Jofeph Tyley.

The Popish Party had render'd themselves formidable by their obtaining many Places of Honour, Profit, and Trust; but now a Bill was depending that would certainly throw them out of all, and fecure all Places to thofe of the Church of England alone. This was called the Test-Act, which was particularly promoted, if not invented by the Earl of Shafif bury, who refolved to strike directly at the Duke of York and his Friends; though the A&t reached all Sorts of Diffenters. This Bill gave a great Alarm to many Perfons, who used all Means to oppose it; but it foon paffed the Houfe of Commons, whose Apprehenfions of Popery daily increased. When it came to be debated in the House of Peers in the Presence of the King himself, March 15, the famous Earl of Bristol, tho' a profeffed Roman-Catholic, unexpectedly stood up for the Bill in general, and spoke remarkably upon it; of which fome Account fhall be given to fhew the Temper of the Times, as well as the Ingenuity of the Speaker.

Towards the Beginning of his Speech he declar'd himself a Catholic of the Church of Rome, not a Catholic of the Court of Rome; a Distinction he thought worthy of Memory and Reflection, whenever any fevere Proceedings against those they call'd Papifts fhould come in Question, fince those of the Court of Rome did only deserve the Name. Therefore he infifted, that they should not speak here as RomanCatholics, but as faithful Members of a Proteftant Parliament.

Test-Act.

Coming to the Bill itfelf, he proceeded thus: In the first Lord Bristol's place, my Lords, I beseech you to confider, That this Bill Speech on the for fecuring of general Fears is brought up to you from the Houfe of Commons, the great Representative of the People, and confequently the beft Judges of the true Temper of the Nation: A Houfe of Commons furpaffing all that ever have been, in the illuftrious Marks of their Duty, Loyalty and Affection to their Sovereign, both in his Perfon and Government: Such a House of Commons as his Majesty ought to consider, and cherish always, with fuch a kind Love as is due

to

Anno 25, Car. to a Wife, never to be parted with unkindly, and as a MiII. 1672-3. ftrefs to be turn'd off when our Turn is ferved by her. My Lords, this cafual Mention of a Wife fuggefts to my Thoughts a Pursuance of the Comparison. I have obferv'd in the Courfe of my Life, that Men, who have Wives fomewhat Coquet, that is, a little fubject to Gallantries, live easier Lives with them, and freer from troublesome Contentions, than those who have Wives of exact rigid Virtue; and the Reason is clear: For the more gamefome Ladies, being conscious of their Failings in that effential Part, are careful to difguife and repair them by kind and tender Compliances with their Husband's Humours in all other Things; whereas Wives, feverely punctual and exact in the chief matrimonial Duty, expect, and even exact, far greater Compliances from their Husbands; and think themselves as it were privileged, by the Rigidness of their Virtue, to be fometimes troublefome in domeftic Affairs, especially if there be any Jealousy in the Cafe. In like manner, my Lords, it is not to be much wonder'd at, if this incomparable House of Commons, tranfcending all that ever were in the grand Effentials of Duty, Loyalty, and Affection to their King, should, at fome times, be a little troublesome to him in leffer Occurrences; efpecially when once Fears and Jealoufies are on the Wing; my Lords, I fhall not pretend to determine, whether there have been any juft Grounds given by any violent Men, or by the unreasonable Ambition of any Roman-Catholics, for fuch Fears and Jealoufies; it fuffices to exact the Neceffity of a timely Remedy, fince they have indeed most violently feized, and distemper'd the Minds of the major Part of his Majefty's Proteftant Subjects, which certainly no Man converfant in the World can deny. Now, my Lords, in popular Fears and Ap, prehenfions, thofe ufually prove moft dangerous, that are raifed upon Grounds not well understood; and may rightly be resembled to the fatal Effects of panic Fears in Armies, where I have seldom feen great Disorders arife from Intelligences brought in by Parties and Scouts, or by Advertise. ments to Generals, but from Alarms upon groundless and capricious Fears of Danger, taken up we know not either how, or why This no Man of moderate Experience, in military Affairs, but hath found the dangerous Effects of one Time or other: In giving a Stop to which Mischiefs, the Skill of great Commanders is beft feen. In like Manner, my Lords, this great and judicious Affembly of the Houfe of Commons, rightly fenfible of the dangerous Effects which so general a Disturbance of Men's Minds in the Concernments of Religion (how groundless foever) might produce, have applied their Care to obviate them by this Bill: A Bill, in my Opinion. as full of Moderation towards Catholic, as of Prudence and

Security

Security towards the Religion of the State. In this Bill, my Anno 25, Car.. Lords, notwithstanding all the Alarms of the Increase of Po- II. 1672-3. pery and Defigns of Papifts, here is no mention of barring them from a private and modeft Exercise of their Religion; no banishing them to fuch a Distance from Court, no putting in Execution of Penal Laws in force a against them ; all their Precautions are reduced to this one Intent, natural to all Societies of Men, of hindering a leffer, oppofite Party from growing too ftrong for the greater and more confiderable one: And in this juft way of Prevention, is not the Moderation of the Houle of Commons to be admir'd, that they have reftrain'd it to this fole Point, of debarring their Adverfaries from Offices, and Places, from Acceffion of Wealth by Favour of the Sovereign? And, after all, my Lords, how Ifew do these sharp Trials, and Tefts of this Act regard? Only a few fuch Roman Catholics as wou'd fain hold Offices. and Places at the Price of Hypocrify, and Diffimulation of their true Sentiments in Religion. My Lords, however the Sentiments of a Catholic of the Church of Rome (I still fay not of the Court of Rome) may oblige me, upon Scruple of Confcience, in fome Particulars of this Bill, to give my Negative to it, when it comes to paffing; yet, as a Member of the Proteftant Parliament, my Advice prudentially cannot but go along with the main Scope of it, the prefent Circumstances of Time, and Affairs confider'd, and the Neceflity of compofing the disturbed Minds of the People.',

On the 29th of March, before the Bill in favour of the Proteftant Diffenters, and fome others, could be finifh'd, the King came to the Houfe of Peers, and befides the MoneyBill, paffed the Teft Act, and several other public Acts; after which the Parliament was adjourn'd to the zoth of October.

It may here be observ'd, that by the Teft- Act it was provid- An Account of ed, That all Perfons bearing any Office, or Place of Iruft, the Teft-A&t. or Profit, fhould take the Oaths of Supremacy and Allegiance in public and open Court, and fhould alfo receive the Sacrament of the Lord's-Supper, according to the Ulage of the Church of England, in fome Parish-Church, on fome Lord'sDay immediately after Divine Service and Sermon, and deliver a Certificate of having fo receiv'd the Sacrament, under the Hands of the respective Minister and Church-Wardens, prov'd by two credible Witneffes upon Oath, and put upon Record in Court: And that all Perfons taking the faid Oaths of Supremacy and Allegiance, fhould likewife make and subfcribe this following Declaration; I A. B. do declare, that I do believe there is not any Tranfubftantiation in the Sacrament of the Lord's-Supper, at, or after the Confecration thereof, by 1672-3.

any

Anno 25, Car.
II. 1672-3.

any Perfon whatsoever.' This Act, and Teft therein prefcrib'd (fays Echard) has been generally accounted a great Bulwark to the establish'd Church of England. It was principally, if not folely, levell'd at the Roman Catholics, in order to preclude them from all Place of Note and Truft, yet it did as effectually reach all ftri&t Diffenters from the faid Church. However, the former fooneft felt the Effects of it; and not only many Popifh Officers quitted their Trufts, but the Duke of York himself, who was High-Admiral of England, and the Lord Treasurer Clifford, both laid down their Places. The latter is faid to be fo very much disgusted at the King's paffing this Bill, and fome other Condefcenfions, that he retir'd, and died in Privacy and Difcontent in his own Country of Devonshire. Of this noble Lord, Sir Joseph Tyley tells the following remarkable Story: While he had the Staff, it happen'd, that the King, the Duke of York, and himself, were shut up in a Room in Consultation, when Sir William Bucknal, a Commiffioner of the Excife, came to speak with the King, to whom he had free Access, as frequently accommodating his Majefty with Money. In Prefumption of his usual Liberty, he went directly to the Room where he understood the King was, and hearing Discourse, had the Curiofity to liften close at the Door, to which he was excited by the King's speaking with fome Earneftnefs; but he could only hear broken and imperfect Expreffions. The Duke fpoke fo low he could not understand what he said, but Clifford fpoke loud, as in public. and very audibly answer'd the King in these Words, Sir, if you are driven off upon Fears. you will never be fafe; the Work will do, if you declare yourself with Refolution; there are enough to ftand by you. The King reply'd, This Name of Popery will never be fallow'd by the People: And upon faying this, he started from his Seat, crying, Some Body is at the Door! Upon which Clifford ran hastily to it, and without fpeaking a Word, fell furioufly upon Sir William Bucknal, dragging him to a Pair of Stairs, from whence he kick'd him down; and foon after Sir William met with his Death, which was not improbably thought to have proceeded from that Misfortnne.

[In the Interval between the Seffions we find the two following Speeches of the Lord Chancellor Shaftsbury; the firft to Mr. Serjeant Thurland, on his being made a Baron of the Exchequer; and the second to Sir Thomas Ofborne, just created Lord Viscount Dunblain, and honoured with the Treafurer's Staff, on their taking the Oaths before him, to qualify them for their refpective Offices.

To Mr. Baron Thurland,

Anno 25, Car,
II. 1672-3.

In the first Place you are to maintain the King's Prerogative; and let the King's Prerogative and the Law be two Things with you; for the King's Prerogative is Law, and Two Speeches of Ld. Shaftsbury. the principal Part of the Law; and therefore in maintaining that, you maintain the Law. But, let me recommend to you, fo to manage the King's Juftice and the Revenues, as the King may have moft Profit, and the Subject least Vexation. Raking for old Debts, the Number of Informations, Projects upon Concealments, I could not find, in the eleven Years Experience I have in this Court, ever to advantage the Crown: But fuch Proceedings have, for the moft Part, deliver'd up the King's good Subjects into the Hands of the worst of Men.'

To the Lord Treasurer,

Kings are as Gods, and bestow Honour, Riches and Power where they please; but in this they are as Men, that they can only chufe, not make a Perfon adequate to their Employment: For if their Choice be merely Favour, not Fitnes, their Omnipotency is quickly feen through. There is no more to be afked of you in this Condition, but that you know your own Intereft, and that will fecure you to the King's and the Nation's. I repeat them thus together, becaufe none but Mountebanks in State Matters can think of them afunder. And let me fay to your Lordships, that however happy you have been in arriving to this high Station, yet Parta tueri non minor eft Virtus. Many great Men have proved unfortunate, in not obferving that the Addrefs. and Means to attain great Things are oftentimes very different from those that are neceffary to maintain and establish a fure and long Poffeffion of them.' The new Treasurer thanked the Chancellor in public; but the next Day, when he had confidered the Terms in the Speech, it is said that he fent to revoke his former Thanks.

Of this Preferment of Sir Thomas Ofborne, Sir John Rerefby gives the following Account.

Now it was that my Neighbour Sir Thomas Ofborne rofe to the great Office of High Treasurer of England, my Lord Clifford refigning his Staff, and confeffing himself a Papift. The Duke of Buckingham was chiefly inftrumental in bringing this about for Sir Thomas, by a Bargain he made between Lord Clifford and him, namely, that Sir Thomas frould officiate, and give him Half the Salary.