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Mr. Charles Montagu*. There is one thing I cannot solve. The Paper that lord Notting-| ham gives in says, The Information was given in on Friday,' and the warrant bears date on Thursday.

Sir Tho. Clarges. That may be a mistake. He said, The warrant was for treasonable practices,' which is bailable. For treason and felony plainly expressed, if an ordinary justice of peace may bail, this may be so too. Pray vote it a Breach of Privilege, and address the king to signify your opinion of it, that it may not be so for the future.

Sir Rowland Gwynn. I am willing you should put the question, but if you say no more than is proposed, I am against it. I think my lord of Nottingham's answers are not fair. I know not what to make of it. Serjeant Maynard. As this case stands, a member is imprisoned, and a warrant is made to take him for treasonable practices; if we take notice of it, and let a member sit amongst uis so accused, we cannot well answer that. We are to vote it a breach of privilege, and then enquire what those treasonable practices are. At this rate, we may all be imprisoned, and whipped to our lives end. Vote it a breach of privilege, and sit not mute upon so plain a breach.

Sir Henry Goodrick. I look upon this as an invasion of privilege, and worthy your cognisance. I hear it moved to refer it to the committee of privileges to enquire into it, but I think that not fit. From whom will you have informations? Will you send for lords Nottingham and Carmarthen? I would have a

"A young man, Mr. Montagu, a younger branch of the earl of Manchester's family, began to make a great figure in the house of commons. He was a Commissioner of the Treasury, and soon after made Chancellor of the Exchequer. He had great vivacity and clearness both of thought and expression: his spirit was at first turned to wit and poetry, which he continued still to encourage in others, when he applied himself to more important business. In the parliament of 1700, that the most eminent man of the Whigs might not oppose them, they got him to be made a baron by the title of Halifax, which was sunk by the death of that marquis without issue male. In 1701, (being then Auditor of the Exchequer) he was impeached by the commons, but acquitted by the lords. In 1707, he had a great share in the Union, and having proposed the Bill for settling the Succession in the House of Hanover, he was appointed by her majesty to carry over that Act to the elector. He continued in the queen's favour till the change of the ministry in 1710. On the king's accession he was appointed first lord of the Treasury, and soon after was created earl of Halifax. He died without issue in 1715, aged 54." Burnet.

good correspondence with the lords; the peers will not come to you, and there will be a rupture; but if you will come up to the motion, for your honour and ease, vote the breach of privilege, and then address the king.

Mr. Garroway. I shall speak to your question. It does not appear by that Answer, which lord Nottinghamn gave, that there was sufficient cause to take lord Danby into custody, and therefore vote it illegal, and a breach of privilege.

Col. Birch. I desire to speak a word to the question. I have told you that I thought this a strange thing, and it was as strangely done for a person of his understanding and honour. To me it appears more; when lord Danby to this house is upon his parole to appear when summoned, and we all know he is in custody by that; which makes me think, there is more in it than at the present appears. Mr. Harbord. I would know what you aim at, that I may see whether you are like to have good success. I take this imprisonment of lord Danby to be occasioned by his father. I would do as I would be done by. If a child do against his father's desires, a parent would prevent it. Here comes the marquis of Carmarthen to lord Nottingham, and tells him his son will go to sea, in a hostile manner, without a commission, and he is a pirate by doing so, and must die for it. He applies to lord Nottingham; but that is not a good way; he should have applied to the lords commissioners of the Admiralty, and has not done as he should, but it is a hard case to lay the stress upon lord Nottingham; and if I had a son that had done as lord Danby, I would have done so; and therefore, as Garroway proposed, the complaint against lord Danby is not sufficient to put him in custody. I have no obligation to lord Nottingham: I speak my mind, and I care not two-pence for those who inter rupt me, [something in passion] be they who they will. I have drawn my sword for the king, and I care not for the censure of any man. I would leave lord Nottingham out of the question.

Sir John Thompson. He that touches the parliament, touches the vital part of the nation. The fault is the greater; for the man is not fit to be secretary that carries about him the legislative authority to commit in this manner. The messenger had been clapped up, if he had not done it; it was the secretary did it. Put the question thus, That granting the Warrant without notice, &c. was a Breach of Privilege."

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Mr. Howe. I am satisfied of Harbord's good intentions; but if I had a child, I would have a French Protestant to govern him, and not a secretary of state. We are told of your member's pirating, but what reason for his taking up, I know not; but pray right yourselves, and put the question.

Sir Joseph Tredenham. I desire, that my son should be tutored by an Englishman, and not by a French Protestant. I am entirely

for the question proposed. If it be a Breach, it ought to be so tender that hercafter it may not be a precedent for the loss of privilege; for that reason, I would not pass it over in silence; the consequence may be fatal. I was with lord Nottingham, but the question is, Whether his Answer was a ground to attach your member? But there is a distinction between those that have the honour to sit here, and a private person; I see him no otherwise criminal for this warrant, but as lord Danby is a member. But as for the kindness of the father to his son, the complaint ought to have been made unto you. Some gentlemen are for a committee to enquire into it, but if you are not at the bottom already, I would have a committee. The present business is to vindicate your own privileges. Therefore I am for such a question.

Sir John Guise. I am sorry we should have comparisons betwixt father and son, to our detriment. Something of piracy was spoken under me, &c. but I hope that is but a conjecture. But if the vessel was armed, nobody knew who it was for, or who against. I would name the person that granted the warrant, and refer the rest to a committee.

Sir Henry Goodrick. It is certain that lord Danby made his application to the duke of Schomberg, and the office of Ordnance, and had ammunition and provision to scour upon privateers; it is a little vessel, and can fight or not fight as he will; the general gave directions for it, and he had arms, &c. accordingly. I have not seen the marquis, but his mother was alarmed, and was not willing the whole stay of their family should run hazard with privateers, under a pretence to scour about the river. But such imminent hazard he was like to run of his life, that they were resolved to take all means to stop him. I hope this will satisfy the house, and not rest upon him as any scandal. I aver this to be matter of fact, and I would only vote this to be a Breach of Privilege, without naming lord Nottingham. Perhaps he was led by this inducement.

Sir Christ. Musgrave. I think Goodrick spoke against the addition of the question naming lord Nottingham, because it appears on your Journal the warrant was entered there; and therefore no reason for the addition, being now no occasion. The thing is to assert your privileges and rights, and the question will run well without the addition.

Sir Robert Howard. The thing is very unhappy, and much mistaken in the manner of proceeding; but natural affections must not be used to try tricks with the government. Natural affection may be showed, and stop there. Suppose lord Nottingham should tell you he did according to law, is not that a sufficient excuse? Lord Nottingham, upon information of a privy counsellor, granted the warrant, but still the fact is done, and you vote it a breach of privilege, and that is all.

Mr. Smith. Howard says, It will justify lord Nottingham, because he had his infor

mation from a privy-counsellor.' I would be satisfied whether a privy counsellor must not give information upon oath, as well as another?

Sir Walter Yonge. I am very indifferent whether you name lord Nottingham in the question, but assert the crime. There is no fault in the messenger; he knew not of it; but I am sure lord Nottingham must know of it. Granting the warrant is a thing that must not be passed by so hastily. You will find few messengers that will deny such execution of a warrant. Pray put it, That the granting such a Warrant is a Breach of Privilege.'

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The Speaker. The messenger undoubtedly breaks your privilege, as well as the bailiff that arrests your member.

Mr. Hawles. The bailiff, and he that sues out the writ against a member, are upon record, and if you only call upon the person who does officiate, your privilege will be quickly lost. Whoever issues out the warrant is more, or equally, guilty than he that executes it.

Col. Birch. Let it appear on your Books that you judge prudently. See the date of the

warrant.

Sir Joseph Tredenham. At the same time that lord Nottingham received the information, he made the warrant and put it in writing for his memory. I never knew it a breach of privilege, if a writ was never executed. In some cases, the statute of non-claim may be pleaded; if the writ be not taken out in legal time, it is excluded. If it be necessary, several precedents may be produced, not to hinder a man from a just debt. But prosecution of a writ will hinder a member from his attendance; but if it be not served, it is no breach of privilege, because it does not hinder a member's attendance.

Resolved, "That the granting a Warrant to arrest the earl of Danby, a member of this house, and the taking him into custody by virtue of that Warrant, is a Breach of Privilege of this house."

The King's quickening Speech to both Houses.] This day his majesty made the following Speech to both houses:

"My lords and gentlemen; The time of the year being so far advanced, and there being several Acts yet to be passed for the safety and settlement of the nation, I desire you would expedite them as soon as you can, it being necessary there should shortly be a recess, both that I may be at liberty to pursue the business of Ireland with all possible vigour, and that the members of both houses may repair to their several counties to secure the peace, and to put the Militia into some better posture. I am very sensible of the zeal and good affection which you, Gentlemen of the House of Commons, have shewed to the public in giving those Supplies you have done already; and I do not doubt, but, from the same inducements, you will be ready to give more, as the occasions require; which I must let you know,

will be sooner than perhaps you may expect, because the necessary expence of this year will much exceed the sums you have provided for it. And that you may make the truer Judgment in that matter, I am very willing you should see how all the Moneys have been hitherto laid out: And to that end, I have commanded those Accounts to be speedily brought to you; by which you will see how very little of the Revenue has been applied to any other use than that of the Navy and the land-forces. I must remind you of making an effectual and timely provision of the Money for the States of Holland; and I doubt not but you will take care to see a fitting Revenue settled for myself.-My Lords and Gentlemen; I will add no more, but to recommend earnestly to you to avoid all occasions of dispute or delay, at a time that requires union, and vigour in your counsels, upon which the preservation of all that is dear to us doth so much depend : and I do promise that nothing shall ever be wanting, on my part, which may contribute towards it."

Debate in the Commons on the King's Speech.] Sir Robert Howard. The king is pleased to leave the matter to us; and, in the first place, let us return Thanks to the king, &c. and go into a committee to consider the Speech, paragraph by paragraph.

Sir Tho. Clarges. We cannot be able, before the recess, to make a judgment of the arrears of the Money; by winter we shall have time to make recompence for what falls short. Till then we cannot compute what that will be. The Poll is contingent with the other taxes; till then we are not able to give the king any Answer, and then we may make up what is deficient.

We shall comply amply with the king, if we go upon what is before us; and to-morrow we may go upon the Excise. If we go on upon the Accounts, we shall have no hopes of a recess; therefore go to-morrow upon the. Excise. Mr. Howe. I am willing to go as soon as possible upon Money. I am sensible of the service the Dutch have done; many an honourable gentleman has done you great service, and yet brings you no Bills of Account for it. I hope the king will give us satisfaction in the Irish Affairs, and save you the labour of particular Accounts. If the Dutch can fit out more ships than they have already, they may do it in Money. Upon the whole, I am ready to give money when it is requisite; but you may

see the Accounts mentioned.

Sir Tho. Clarges. In our Aids to the king, we have not limited one thing nor another. We hoped that 200,0007. had been paid off of what we had granted, to the Dutch, and the rest supplied. I cannot see how more money can be expended before we meet again; and in February next, is the last payment of the Subsidy, and we may consider betwixt this and then. Here in the Poll-Money and the Revenue, altogether, are three millions betwixt this and February. There is no absolute need of falling upon the Revenue, to settle it; till the Book of Rates be perfected, we cannot settle the Revenue. Here is the Excise-And I know not how to put the wheels faster upon a run than they are.

Resolved nem. con, "That the humble Thanks of this house be returned to his majesty, for his gracious Speech."

Mr. Hampden acquainted the house, "That he, with others of his majesty's privy-council, had, according to the order of the house, attended his majesty with their Address, That the considerable Papists or reputed Papists of this kingdom may be forthwith taken into cus

Mr. Howe. I think there is another business upon our hands, as well as the Indemnity. We are not yet off from lord Danby's Breach of Privilege: I would neither frighten the mes-tody, and the arms and horses of all Papists senger, nor any body else in the king's service, but if you will pass this over, I will say no

more.

Col. Birch. We all desire a recess, and to me seem to do a quite contrary thing. The Bill of Oblivion has held us a Month, and, for ought I know, we may sit till Michaelmas, and not do it. This is a fine thing to keep you from all business. I would dispatch all bills relating to Money, and when you have the Account, you will be satisfied in a day or two. 'Tis true some things are contingent in the Poll-Money. I remind you that Money stands voted in the house for the Dutch. Their ships came heartily to our assistance; therefore take the king's Speech into consideration on Monday.

Sir John Thompson. Let us do our country justice, and the Dutch justice; they came for their own preservation, as well as ours, against the great preparation of the French king.

Sir Christ. Musgrave. The Dutch have no great war upon their bands now, but we know who has; we have the French and Ireland. VOL, V.

and reputed Papists be searched for and seized: and that his majesty was pleased to answer, That he would use all means he could, to secure this kingdom from any danger that might arise from Papists or reputed Papists, or any other that shall disturb the peace of the Government."

Sir Henry Capel acquainted the house, "That he, with others of his majesty's privycouncil, had, according to the order of the house, attended his majesty with their Address of Thanks for his gracious communicating to this house divers Letters and other Papers, which were intercepted coming from Ireland: and that his majesty was pleased to say, he was glad of any thing he did, that gave satisfaction to this house."

Sir Henry Capel also acquainted the house, "That he, with others of his majesty's privycouncil, had, according to the order of the house, attended his majesty with their Address, That his majesty would be pleased to give leave, that some members of this house may inspect the Books of the Privy-Council, and

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the Books of the Irish Committee, and take copies of all Orders and Instructions therein relating to the Irish Affair: and that his majesty took it into his hand, and said, He had likewise an Address from the lords to that purpose, which he had given no answer to; and that thereupon he the said sir Henry Capel supposed he would consider of both." Further Debate on the Heads of Exceptions in the Bill of Indemnity.] July 1. The house proceeded on the further consideration of the Heads of Exceptions in the Bill of Indemnity. The prosecution of the Bishops was moved to be another Head.

Popery you rejected him out of the kingdom. Kings do no wrong, but if ministers do no wrong-Therefore for our own justification, either yield that king James is wrongfully put out of his kingdom;-if you proceed not against his counsellors, we must conclude either that we have done wrong, or that king James bas done none at all.

Sir Leveson Gower. I have spoken with several of the Bishops about their Prosecution. They are better Christians than to desire any body should be prosecuted upon their account. I think therefore the house may pass upon some other Head.

On the Commission for Ecclesiastical Causes. Mr. Garroway. I think, if you proceed upon the debate of this Head, that it will puzzle the lawyers to make it capital. Though the High-Commission Court is down by act of parliament, yet the king has a great power in ecclesiastical affairs. As for Mr. Johnson, I would make him satisfaction for his sufferings; and then the question will be, Whether you will proceed any further upon this article?

Sir R. Temple. The Bishops were proceeded against for addressing the king about the Declaration, that cut up all your laws by the roots. I take this occasion to venture a mo

tion, to except some persons. If you go head by head, you will nominate so many, that you will alarm the whole nation, and never be at an end, and be much entangled in the business.

Col. Austen. I am for naming mighty menhers, but you do not justice to the nation, nor is the cry of blood answered, if you do not your duty.

Mr. Harbord. I am for catching the great fishes; to catch little rogues is not worth your while. I would not fall into this same misfortune by not making examples. This Ecclesiastical Court was not managed by Jenner; he is a little fellow. But for a secretary of state (lord Sunderland) to renounce his God, and act in that commission, you had as good give up all as not to question him. Mr. Johnson's wounds smart upon us. If he escape thus, what security can we have? I am not for sweeping all the Commissioners, but go on upon this Head, and make some examples.

Mr. Arnold. I wonder that those who serve for the university of Oxford, are no more concerned in this Commission of Magdalen College.

Sir Wm. Williams. Consider this Commission in its constitution. Nothing in itself, these seven or eight years, has been so pernicious, that ecclesiastics should be constituted, not only to suspend this or that bishop, but to unbishop and unecclesiastic them! Things grow on by steps and degrees; when they found that the bishops and temporal peers came into the commission, they would be felo de se. It is fit to make an example of these persons, who have violated their own function and their own law. Make one example of him, as you have done of the Judges.

Mr. Coningsby. This is lumping indeed. If we must lump, I would do it in mercy; do in this as in the other Heads. Here are but ten, and as you have exempted but two out of the former, pray exempt but two out of this.

Mr. Hawles. I am for excepting few as to Mr. Smith. None of these acted according life, suppose four or two. You know a dead to their commissions, but set up a law-making man for one, one in the prison for another: power. This did subvert both church and some are at liberty, and the most guilty persons state; but to say, that some favoured the Proescape. If the ministerial persons be except-testants-but I would have it showed, what ed, and escape, if that be so, do as you please, and except as few as you please.

Mr. Howe. I think what you are now doing is in consideration of what has been done before, so as to secure you for the future. Some have gone so far as to justify king James in what he has done; if you exempt those, you arraign what you have done already. The first rise and spring of the Bill of Exclusion was the Popish Plot, and for maintaining

"Mr. Samuel Johnson, (who had been chaplain to lord Russel) setting forth An humble and hearty Address to all the English Protestants in the army, &c.' was prosecuted for it in the King's Bench, and being convicted, was sentenced to stand in the pillory three times, and to be whipped from Newgate to Tyburn, which no martyr ever did suffer with more fortitude than he." Ralph.

Protestants, unless their private friends, to excuse them. I would favour as much as any man; some that have gone farthest, as those in the first and second Commission, I would lay some punishment on lightly, but remark those that acted in the latter; I would not so inuch as exempt the clerks. If I make enemies of them, I care not. I am not for being an enemy to my country. I would put some mark upon them all.

Mr. Wynn. Will you except one (lord Rochester) who gave up his white staff, and would act no farther when he saw how things tended?

Mr. Howe. This power was certainly unlawful. In those who modestly withdrew from the Commission, it shows repentance. Those who are dead, are past your justice. If you please, let all their names be read, and then distinguish them.

Major Wildman. I must speak against my

own nature and disposition now. It is natural to spare all, but of necessity we must vindicate our country's liberties. I have sat here with astonishment, to hear excuses for any that sat in that Commission. It was called the Ecclesiastical Commission,' but it laid the axe to the root of all our properties, goods, and land in England. In one clause of the last Commission they were inore modest than in the first. It gave a power to make all the noblemen and gentlemen in England dance attendance upon them, and power to examine every man's conscience concerning his whole life against God or man; upon pain of excommunication they must answer every question, or else the Chancellor was ready to grant out the writ De excommunicatio capiendo; whatever the crime was, though against himself. This gare a liberty to all informers; they might give what costs and damages they pleased. As the Commission gave power of all persons, so also of colleges and cathedrals, to dispose of all the lands in England of all bodies corporate at their discretion, however confirmed by acts of parliament. They had power to cause Mass to be said in churches; they might turn out all incumbents, and take their lands for popish uses. By this it is most apparent that king James broke the original Contract with the people, and violated all the laws that were made to protect our liberty and property. They executed these powers in part; they caused all colleges to bring in their statutes. In Sidney College, the founders took especial care, and did abhor the errors of Popery, and to have free elections in the college; they called for the Statute Book, and razed those out for ever, and, when they could not get mass to be said in the college, they set it up in the porter's lodge, that at length it might come into the college. Never was there such a thing done in the face of the sun, to bring in popery, and to discourage the Protestant religion, giving costs and damages, and all mens estates at their will. The duke of Norfolk was not excepted; he had a writ De excommunicatio capiendo issued against him, if he did not obey them, in an order about his lady. All was at their will. If you excuse these mien, except all the rest without ceremony. Our aucestors, when they came to reform the government in Henry Sth's time, made examples of Empson and Dudley, who cunningly got a patent to punish men in a summary way, without juries. Empson and Dudley were attainted for Treason, for so the record is entered in the parliament-bill. Their decree was without any remedy; by that cursed Non obstante to the laws of England, all was laid level before these commissioners. As that prosecution of Empson and Dudley, who were the instruments of the ill government, cost them their lives, so severe was their punishment. But when queen Elizabeth gave but a poor patent for a place, and sent it to the Judges to pass it, they said

*Sce vol. i. p. 477.

they durst not; examples were fresh of those who advised against the laws, although the queen commanded it too in person. They saw the shipwreck, where our ancestors had set up buoys, and it was avoided. You need look no farther to find their proceedings than into their own books, how they unfunctioned the Clergy. I leave them to your justice. All they have done has been proved before you.

Sir John Guise. I should not pretend to exaggerate this Commission, but am of opinion that there can be no degrees in it; but I observe one thing in it, that it principally arises from the privy-council, who first ordered it, and then executed it themselves. I speak plainly, I think it of so high a nature, that whoever does own such a commission is never fit to serve the nation in any public capacity. I know not their names, but begin first with the privy counsellors, and their actions; that if any be employed now, to take care they shall never be for the future.

Mr. Ettrick. Being named of this Commission, and acting upon it, are very different. I am for making as many friends as we can; so many as you except, so many enemies you make to the government. To take all who were named in the Commission, you must take the archbishop of Canterbury. Many that were not versed in law knew not the saving in taking away the High Commission Court. When they saw it gone, they could not apprehend the consequence. Those who acted upon the third, fourth, and fifth Commission plainly acted against the laws. You did take several commissions, and read several names in them; all of them did not act in it. I would not put blots upon persons who have been and may be useful to you. Lord Rochester quitted the staf purely because he would not go on in the popish interest. It is plain that this lumping them takes him in. Therefore I would have them that acted in the Commission, excepted by name.

Major Wildman. I did not, in any thing I said, reflect on the abp. of Canterbury. I said only,' He was named in the Commission;' but he never sat.

On lord chancellor Jeffreys.

Sir Wm. Williams. No man deserves to be excepted more than he; but will you begin with a dead person?—He was excepted.

On the earl of Rochester.

Sir Tho. Mompesson. Pray put no question upon him; he was left out of three commis

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