Sir Wm. Williams. If you save any man, this ought to be he. When your privileges were arraigned, he stood to you; he is but in the first and second commission; let him be left out.

Sir Tho. Littleton. I find it the disposition of the house to pass by this lord. But put the question solemnly; not to pass it off as if he were a great man, and had friends, and so left out.

Sir John Guise. I shall be as gentle upon this noble lord as any body. I cannot consent to excuse him, but put no question upon him.

Mr. Smith. I am ready to excuse this gentleman, if by vote, but not to excuse him by a vote will seem to the world as if he was guilty of no crime. I am satisfied he has deserved great punishment if his merits had not atoned for him. He has served the nation well in the Bishops case, and is a good Protestant.

late stuck to this Commission, from first to last, with equal violence.-He was excepted. On the bishop of Rochester *. Sir Wm. Pulteney. It is known to most how this bishop behaved himself. He was intreated by the bishop of London to stay in the Commission. He protected the Protestant religion, and I cannot reckon him so highly criminal.

Mr. Arnold. I wonder that the bishop, when we consider the worthy book he writ, the History of the Plot,' should find advocates here.

Sir Robert Cotton. He was a friend to the University and the vice-chancellor. Ile argued the injustice and unreasonableness of the proceedings of the Commissioners. He opposed every thing in the proceedings against Magdalen-College.

Mr. Baldwin. There is this farther to be said, that he deserted the Ecclesiastical Commission wholly, when they proceeded against Magdalen-College, and wrote a book against it.

On lord chief justice IHerbert.

Mr. Howe. You have excepted him once; he is put into the Bill of Attainder. I would not worry a man that is gone out of the kingdom.

Sir Robert Howard. The bishop has gone through stitch which all the commissioners. He understood little law, and less gospel, but he was an ecclesiastical knowing man, who gave counsel to the lay lords. He went through all the Commissions, and in the last Commission of such an exorbitant nature, where every man's estate, liberty, and wife, were at their disposal. I was a trustee for the duke of Norfolk In that court he took great consideration of the dutchess. In that court he gave her more than the marriage settlement. This pre

Nathaniel lord Crew. "He was lifted up with the Ecclesiastical Commission, and said, Now his name would be recorded in history.' And, when some of his friends represented to him the danger of acting in a court so illegally constituted, he said, he could not live, if he should lose the king's gracious smiles.' So low and fawning was he. At the Revolution he absconded for some time, and was waiting for a ship to get beyond sea, fearing public affronts, and had offered to resign his bishoprick, but was prevailed on to go to the house, and by voting the new Settlement to merit at least a pardon for all that he had done.” Bur

net.

Mr. Howe. Something is to be said in his behalf. He left his place, because he would not give his Judgment against the deserters.Lord chief justice Herbert was excepted.

On the earl of Mulgrave †.

Mr. Howe. Nobody can think I can have had long acquaintance with this lord, but I have been well informed that all his life he has voted for his country's interest, though he was

*"Dr. Sprat, justly esteemed a great master of our language, and one of our correctest writers. He died in 1713." Burnet.

+"Lord Chamberlain to king James, and afterwards duke of Buckingham. He was apt to comply in every thing that he thought might be acceptable; for he went with the king to mass, and kneeled at it. And being looked on as indifferent to all religions, the priests made an attack on him. He heard them gravely arguing for transubstantiation. He told them, he was willing to receive instruction : he had taken much pains to bring himself to believe in God, who made the world and all men in it: but it must not be an ordinary force of argument that could make him believe that man was quits with God, and made God again." Burnet.

in court. He came in to the government in the late change, and did this king service. Let him pass.

Mr. Smith. His name is in the last Commission, and I know those injuries you have heard have been from those commissioners. If it appears that he was in the business of Macdalen-College, I am not for excusinghim. Let his quality be ever so great, if the country be concerned, I would not except him. Let any gentleman tell what he has done for the good of the nation, and I am for excusing him.

Col. Austen. I stand not up to excuse him; but from a great clergyman I have had it, that he stood for the Protestant religion.

Sir Wm. Williams. If any member can say he was more active than some you have excused, I would not pass him by. You find nothing in the Books of this man's actions. I would pass him by.

Sir John Guise. I have heard of good things he has done; he stood for us in the house of lords for the good of the nation.

Mr. Howe. This lord is not charged for acting, but for taking the Commission. He may pretend to as much favour as another. -He was not excepted.

On the earl of Huntingdon.* Mr. Carter. I hope this lord will not appear to be the greatest offender. He came in to act in this Commission when the lawyers and bishops thought it safe to act. He was well assured before he acted, and advised with several lawyers, who gave him encouragement to proceed. [He was called upon to name those lawyers.] He dissented in divers things that they acted against the Church; and before the bishop of Rochester came in, he dissented. I move, that he may not be excepted in the Bill.

Mr. Harbord. I could tell a story of this lord, how that three days after the prince of Orange landed at Torbay, he went post to Plymouth, to take possession of it, to keep the prince out with his regiment, which was then quartered there.

Mr. Smith. It is strange to see how prettily we are turned off from what was proposed. Because this lord was in the last, and not in the first Commission, therefore now some would excuse him.

Sir John Guise. I am for the series of the inclinations of men. This lord was once a great patriot. He acted in the three last Ecclesiastical Commissions. He did go through Devonshire to raise the country against this king, and has done no service since: surely you will not exempt him for that.

Mr. Smith. If one gentleman will name his bishops that advised this lord, Carter can rame the lawyers.-The earl of Huntingdon, and the bishop of Chester,† were excepted.

One of king James's privy-council, and colonel of a regiment. He died in 1701.

+ Dr. Cartwright. "He was a man of good capacity, and had made some progress in

On sir Thomas Jenner.

Mr. Smith. I know not if ignorance and poverty may be an exemption from punishment; if it be an excuse for this man, he may claim it.

Sir Jonathan Jennings. He was so troublesome in the Ecclesiastical Commission at Magdalen-College, that the bishop of Chester and the Judges thought to put him out. He was excepted.

Extract from the Treaty with the States.] July 2. Mr. Hampden acquainted the house, That, in Answer to their Address, relating to what number of Ships and of what Force, the States-General have set forth, or were obliged to set forth, for this Summer's Expedition with his majesty's fleet, his majesty said, all were come in, but two: and ordered lord Nottingham to give an Extract of the Treaty with the States, which was as follows:

"The States-General shall put to sea 30 ships of war, viz. eight from 70 to 80 guns, seven from 60 to 70, and fifteen from 50 to 60 guns, beside 9 frigates and 4 fire-ships: on board of which shall be embarked 10,572 effective men."

July 3. Resolved, "That a second Address be presented to his majesty, for leave to inspect the Books of the Privy-Council, and those of the Irish Committee, and for taking copies of such Papers as relate to the Irish Affairs."-And a Committee was appointed to draw up the said Address, accordingly. Who were likewise instructed to enquire, why the Dutch Fleet was out no sooner to join the English Fleet. Also, why the English Fleet was laid up, and why there was a delay in setting forth another.

Resolved, "That an Address be presented to his majesty, That he will please to appoint a Fund of Credit, for such as will furnish Money for relief of the Irish Protestants fled into this kingdom;" which the house engaged to repay.

July 5. The Address was read and agreed to, for leave to inspect the Council-Books, and

learning. He was ambitious and servile, cruel and boisterous: and, by the great liberties he allowed himself, he fell under much scandal of the worst sort. He had set himself long to raise the king's authority above law; which (he said) was only a method of government to which kings might submit as they pleased; but their authority was from God, absolute and superior to law, which they might exert as often as they found it necessary for the ends of government.' So he was looked on as a man that would more effectually advance the design of Popery, than if he should turn over to it: and indeed, bad as he was, he never made that step, even in the most desperate state of his affairs. He, Wright, and Jenner, were the three Ecclesiastical Commissioners for visiting Magdalen College, and he, in particular, acted in so rough a manner, that it showed he was resolved to sacrifice all things to the king's pleasure." Burnet.

he being just going in the service of the crown, on the Expedition to Ireland, he would very willingly acknowledge the care this house hath had of him, and the fruit he had received of it, and take his leave of them; that his merit was great, and that the king had rewarded it like a king; having made him a duke and peer of England, and settled 5000l. a year on bim and his heirs, in lieu of the like Revenues he had lost in France and Germany: two peers and two of the house of commons being named trustees, for the making purchases in order thereto. The duke being then introduced, sat down, covered, in a chair placed for him towards the middle of the house, where having continued some time (the serjeant with the mace standing at his right hand) he rose, and, uncovered, spake to the following effect:

"Mr. Speaker, I have desired this honour, to make my just acknowledgments for the great favours I have received from this house, and doubt not but to find the effects of it in his majesty's grace and favour; and also take my leave of this honourable house, being now going to Ireland, where I shall freely expose my life in the king's service and yours."

The Speaker then replied as follows: "My lord, the services that have been done by your grace to their majesties and this kingdom are so great, that they can never be forgotten: I am therefore commanded by this house to acquaint you that they are extremely satisfied that his majesty's army is committed to your grace's conduct; and they doubt not but the war will be prosecuted in such a manner as will fully answer all their expectations. This house doth likewise assure your grace, that, at what distance soever you are, they will have a particular regard, as much as in them lies, of whatever may concern your grace, or the army under your command."

His grace then withdrew, and Mr. Comptroller acquainted the house, that his majesty consented that the Council Books might be inspected, both as to the collecting the Customs and Excise, after the death of Charles 2, and in relation to the Irish Affairs.

July 19. Sir Francis Pemberton and sir Tho. Jones were severally examined, touching their Reasons for over-ruling the plea of serjeant Topham, to the action brought against him by one Jay, and ordered into custody of the serjeant at arms,

July 20. Sic W. Pulteney reported from the free Conference with the lords on the Bill of Rights and Succession, 'that the matter had been debated by both parties, and that there were hopes the lords would agree with this house, touching the said bill.

July 22. Sir Thomas Littleton reported the Reasons to be offered at a Conference with the lords, on the Bill for reversing the two Judgments of the King's-bench against Oates. But the whole case being hereafter recapitulated, we shall, for the sake of brevity, insert the said Recapitulation only.

July 24. Resolved, That leave be given to

bring in a Clause to the Bill for settling the Revenue, to repeal the Act which settles the Revenue upon the late king for life.

Report from the Council-Books, relating to the collecting the Customs and Excise.] July 25, Mr. Papillon reported from the committee appointed to examine the Council-Books, with respect to the collecting the Excise and Customs, from the death of Ch. 2. "That, with regard to the Customs, the commissioners whe appeared at the Custom-House, from that time, were lord Cheney, sir Rd. Temple, sir Nich. Butler, sir John Buckworth, Wm. Dickenson, sir John Worden, sir Dudley North, and Tho. Chudleigh. That among other instances, Mr. Francis Miller informed the Committee, That being at the Custom-House, about a fortnight after the death of king Ch. 2, and discoursing with the Commissioners, he told them, He was not free to pay the Customs, and had his fears of what might come thereafter." To which sir Nicholas Butler replied, That it was fears which brought on the last Rebellion." This was confirmed by one Mr. Cutler.-Mr. Cockram said, That he and others being at the Custom-House with the commissioners, the said commissioners asked, What lawyers the merchants had advised with? And it being replied,They had as yet advised with none;' Sir Nicholas Butler rejoined, We know what you are: if you are ready to dispute it, we are ready to dispute it.' To which sir John Buckworth added, Do not dispute it! It must be paid.'-That as to the Excise they find a printed Proclamation dated Feb. 16, signifying that the Commissioners of the Treasury, viz. lord Godolphin, sir J. Ernley, sir S. Fox, sir Dudley North, and Frederick Hume, had farmed the Excise to sir Peter Apsley, sir Daniel Bathurst, and James Grahme, for 3 years, for the rent of 550,000l. That according to the Opinion of the Judges the said contract was valid in law, notwithstanding the death of the late king; and requiring all commissioners, sub-commissioners, and all other officers, to aid and assist in collecting the said duties during the said term.-That they find by a Commission, dated March 1, Jac. 2. sir Darcy Ashburnham, Francis Parry, Ch. Davenant, John Friend, Felix Calvert, Nath. Hornby, and Rd. Grahme, to be Commissioners and Governors for receipt of the Excise, &c. and all the said Commissioners had acted as such, &c."-The said Report was ordered to lie on the table, to be considered when the Bill of Indemnity came next before the house.

Reasons for not agreeing with the Lords Amendments to the Bill for an additional Duty on Coffee, &c.] Sir Jolin Trevor reported from the committee, the Reasons to be offered at a conference with the lords, for not, agreeing with their lordships in their Amendments to the Bill for laying an additional duty on Coffee, Tea and Chocolate: which were in substance as follow. 1. "The commons have always taken it for their undoubted privilege (of which they have ever been tender and jealous) that