"While these things were upon the anvil, the 10th of November was come for the Parliament's sitting, but that was put off till the 13th of April 1675. And in the meantime, which fell out most opportune for the conspirators, these counsels were matured, and something further to be contrived, that was yet wanting; the Parliament accordingly meeting, and the House of Lords, as well as that of the Commons, being in deliberation of several wholesome bills, such as the present state of the nation required, the great design came out in a bill unexpectedly offered one morning in the House of Lords, whereby all such as injoyed any beneficial office, or imployment, ecclesiastical, civil, or military, to which was added privy counsellors, justices of the peace, and members of Parliament, were under a penalty to take the oath, and make the declaration, and abhorrence, insuring:-- 'I A.B. do declare, that it is not lawful upon any pretence whatsoever to take up arms against the King, and that I do abhor that traiterous position of taking arms by his authority against his person, or against those that are commissioned by him in pursuance of such commission. And I do swear, that I will not at any time indeavour the alteration of the government either in Church or State. So help me God.' "This same oath had been brought into the House of Commons in the plague year at Oxford, to have been imposed upon the nation, but there, by the assistance of those very same persons that now introduce it, 'twas thrown out, for fear of a general infection of the vitals of this kingdom; and though it passed then in a particular bill, known by the name of the Five Mile Act, because it only concerned the non-conformist preachers, yet even in that, it was thoroughly opposed by the late Earl of Southampton, whose judgement might well have been reckoned for the standard of prudence and loyalty."[204:1] Of the proposed oath Marvell says, "No Conveyancer could ever in more compendious or binding terms have drawn a dissettlement of the whole birthright of England." This was no mere legal quibbling. "These things are no niceties, or remote considerations (though in making of laws, and which must come afterwards under construction of judges, _durante bene placito_, all cases are to be put and imagined) but there being an act in Scotland for 20,000 men to march into England upon call, and so great a body of English soldiery in France, within summons, besides what foreigners may be obliged by treaty to furnish, and it being so fresh in memory, what sort of persons had lately been in commission among us, to which add the many books then printed by license, writ, some by men of the black, one of the green cloth, wherein the absoluteness of the English monarchy is against all law asserted.