Our peers possessed in peace their native place,
And when rebellious arms o'erturned the state,
They suffered only in the common fate;
But now the sovereign mounts the regal chair,
And mitred seats are full, yet David's bench is bare.—P. [221].
This passage regards the situation of the Roman Catholic peers. Notwithstanding their religion, they had been allowed to retain their seats and votes in the House of Lords. So jealous were they, (as was but natural,) of this privilege, that, in 1675, when Danby proposed a test oath upon all holding state employments and benefices, the object of which was to acknowledge the doctrine of non-resistance, and disown all attempts at an alteration of government, the Roman Catholic peers, to the number of twenty, who had hitherto always voted with the crown, united, on this occasion, with the opposition, and occasioned the loss of the bill. This North imputes to the art of Shaftesbury, who dinned into their ears, "that this test (by mentioning the maintenance of the Protestant religion, though that of the royal authority was chiefly proposed) tended to deprive them of their right of voting, which was a birth-right so sacrosanct and radically inherent in the peerage, as not to be temerated on any account whatsoever." When the earl had heated the Catholic lords with this suggestion, he secured them to the opposition, by proposing, and carrying through, an order of the House, that no bill should be received, tending to deprive any of the peerage of their right. But when the Test-act of 1678 was moved, which had, for its direct purpose, that exclusion which that of 1675 was supposed only to convey by implication, Shaftesbury laughed at the order which he himself had proposed, saying, leges posteriores priores abrogant. And by this test, which required the renunciation of their religion as idolatrous, the Catholic peerage were effectually, and for ever, excluded from their seats in the House of Lords. Dryden intimates, in the following lines, that this test applied to the Papists alone, and complains heavily of this odious distinction, betwixt them and other non-conformists.
When first the Lion sat with awful sway,
Your conscience taught your duty to obey.—P. [223].