nity and pardon, what will be the end of all this! Though I can justify myself from all this. My father and grandfather were for the king, yet I have heard myself called 'fanatic,' where I durst not answer again. Whoever calls a man ' rebel' here deserves to be expelled the house, and I would have but that one punishment for Trelawney.

Sir John Talbot. Your first question must be whether Trelawney was the first aggressor.'

Sir Ch. Wheeler. He that strikes again, makes himself his own judge. Both have broken your order. [He was mistaken, and out, and so sat down.]

Sir Rob. Dillington. It was my chance to be by, when the difference happened between these two gentlemen. Col. Birch said, he was an old soldier, and was for making a safe retreat, and the best way now was for a bill of Toleration.' Trelawney said, I am not for tolerating presbytery.' Nor 1,' says Ash, 'for popery.' And this was all the provocation that Ash gave to Trelawney.

Sir Tho. Meres. Trelawney names 'presbytery' first, and strikes first; pray determine that, and then come to the rest.

Earl of Ancram. Where the honour of the house is concerned, I will speak my mind freely. I will not come to the provocation, but the action. It is one way to do an act out of the house, and another in. A blow struck in the house of commons is a blow struck at all the commons of England; all are struck, and it may go farther. Private persons must not wound all the commons of England. I leave it to you.

Mr. Williams. I hope you will not make your own court less than Westminster-Hall. I would punish Trelawney by expelling him the house.

Sir John Eruly. I move that Trelawney may be sent to the Tower, and then that you will consider what to do with Ash.--I would not consider the provocation on one side or the other. We saw the blows, but heard not the words. Both struck, and pray send them both to the Tower.

Mr. Sec. Coventry. If you expel Trelawney, you take away the freehold of them that sent him bither. The law considers mediums, when things are done with intention and in cold blood. I would know, what a gentleman should do, in such a case as this. But the fact is done; put therefore such a question, as you have examples and precedents of. Send them

both to the Tower.

The Speaker: I must do right to the house. The first question moved for was, whether Trelawney should be expelled the house.'

The previous question for expelling Trelawney passed in the negative, 130 to 110.

Sir J. Trelawney sent to the Tower.] The Speaker. I will make you a motion, that sir J. Trelawney may be sent to the Tower, there to remain during this session.' The person of Mr. Ash is nearest in relation to me, and I

would be nearest in my service to him. But pray regard your own honour, regard yourselves. Sir Tho. Meres. What you have moved is most worthy, and I am for it.

Resolved, "That sir Jonathan Trelawney be sent to the Tower, there to remain during this session of parliament."

Mr. Ash reprimanded.] Mr. Williams. Where the law acquits hun, I suppose you will not condemn him, here. It being true that Trelawney said the words, you have punished Mr. Ash by commitment to the serjeant. It is true, a man may strike in his own defence; it is lawful. It is plain, the first provocation was from Trelawney. What happened from Ash is justifiable in law.

Serj. Gregory. I hope you will not punish a man that bas committed no fault. If the second blow appears to be in Ash's own defence, the law, upon an action brought, makes him not guilty. He had worse words than rascal' given him, before he gave any. Ash being guilty of no crime, I hope you will inflict no punishment.

·

The

Sir John Birkenhead. I wonder that a man should take the sword out of the magistrate's hand, and that should be no crime, and the long robe should say it is no offence.' blow was given in the king's house, and, by the Saxon law, it was death, and, by a continuando, 23 Hen. viii, drawing of blood. Let Ash be punished by you, lest he have greater punishment.

Serj. Gregory. The affront was not given to the walls of the house, but to the Speaker, sitting in the chair of the house.

Sir John Birkenhead, By the 28th Hen. viii. if a man strikes in an integral part of the king's palace, he might as well strike in the king's bed-chamber.

Words

Earl of Ancram. I have known that misfortune of words, amongst brave men. may make reparation for words: but blows are for a dog, and not a quarrel to be taken up. Here has been a blow given in the house of commons. A man that sits here should have his understanding so far about him, that a word should not bring him so in passion, as it would do in another place. Truly I think Mr. Ash pardonable in this case; and I would have him reprimanded only in his place.

Which being ordered, Mr. Ash was called in. The Speaker. Mr. Ash, the house has considered the disorder you committed, and the provocation that was given you. They have a tenderness for every gentleman that is a member; therefore they have thought fit to proceed tenderly with you, only. make the house judge, &c. you make yourself no way justifiable, but by extraordinary provocation and passion. And you are to proceed no farther in this quarrel with sir J. Trelawney, and the house requires you to declare it.

When you

Mr. Ash. I acknowledge that I have committed a great fault, but there was a great provocation to it. And I shall humbly acquiesce

Quarrel between the Lords Pembroke and Dorset.] This day, the lords being informed of a Quarrel which happened lately betwixt the earls of Pembroke and Dorset, It is ordered, that the gentleman usher of the black rød do give notice to the earl of Pembroke, that he attend this house presently; and that Mr. Lloyd and the footman be summoned to appear presently, to give this house an account thereof. In the mean time the earl of Dorset gave the house an account, That on Wednesday last, late at night, the earl of Pembroke sent one Mr. Lloyd, who told him that the earl of Pembroke desired of him to speak with him at Mr. Locket's house: the earl of Dorset asked, whether the earl of Pembroke was sober; and was answered, yes; and when his lordship came, he found the earl of Pembroke in a low room; who told him, That he had done him an injury, therefore he would fight him:' the earl of Dorset asked him 'Where, and when?' The earl of Pembroke told him, Now in this room;' and then laid violent hands upon him; and the earl of Pembroke's footman took away his sword from his side; but Mr. Lloyd closed in and parted them, and so his lordship got loose from him.-The earl of Pembroke being come, standing in his place, the lord chancellor told him what an account the earl of Dorset had given to the house: the earl of Pembroke said, He remembered no such thing; but confessed, be desired to speak with the earl of Dorset about business, and had no intent of fighting; and that the earl of Dorset had two men with him; and that his own servant took his sword away.' The house directed the earl of Dorset to relate again, in the presence of the earl of Pembroke, what passed betwixt them; then both these lords withdrew themselves.-The house taking this business into consideration, and how much the honour of this house was concerned therein, made the Order following: "For the better preservation of the peace, and preventing any mischiefs which may happen between the earl of Pembroke and the earl of Dorset, It is ordered, That the earl of Pembroke and the earl of Dorset be and are hereby confined to their respective houses or lodgings, till farther orders; and that they, or either of them, send not any message, or write to, the other, during this confinement."-The next day they were both released on an intimation by the duke of Bucks that the Quarrel was made up.

Misunderstanding between the Marquis of Winton and the E. of Clarendon.] The same day the earl of Clarendon, being speaking in the debate the house was in concerning Titus Oates, took notice, that the marquis of Winton said, he lies, he lies;' of which words the house required the marq. of Winton to give an account: the marquis denied not the words, but begged the pardon of the house, that he was talking of other things whilst the house was in debate; and he said, he did not intend the words against the earl of Clarendon, and if he have offended the house he was sorry for

it, and begged pardon for it.-Ordered, "That the marquis of Winton and the earl of Clarendon do not go out of the house until the house be adjourned." After which, the house laid their commands upon them not to carry their resentments any farther, concerning the business which happened that day.

The King refuses to pass the Militia Bill even for half an hour.] Nov. 30. The king came to the house and gave the royal assent to the Test-Bill against Popery, called An Act for the more effectual preserving the King's Person,' &c. of which he pleaded the merit, to excuse himself from passing the Militia-Bill, presented at the same time; which, he said, put the Militia for so many days out of his power, and that was what he would not comply with, though but for half an hour.”

Address resolved on the State and Danger of the Nation.] Dec. 2. The commons ordered, "That an humble Address be presented to his majesty, containing a representation of the present State, and Dangers of this Nation, to be grounded on the following Heads, viz. 1. On the Misrepresentation of the Proceedings of this house. 2. On the dangers that have and may arise from private Advices, contrary to the advice of parliament. The house divided on this Article, and it was carried in the affirmative, Yeas 138, Noes 114. 3. On the great Danger the Nation lies under from the Growth of Popery. 4. On the Danger that may arise to his majesty and the kingdom, by the non-observation of the laws, that have been made for the preservation of the peace and safety of the king and kingdom*."

The King's Message concerning the Militia Bill.] Mr. Sec. Coventry delivered the following Message from his majesty:

"C. R. His majesty, to prevent all misunderstandings that may arise from his not passing the late bill of the Militia, is pleased to declare, that he will readily assent to any bill of that kind, which shall be tendered to him, for the public security of the kingdom by the Militia, so as the whole power of calling, continuing, or not continuing of them together, during the time limited, be left to his majesty to do therein as he shall find it to be most expedient for the public safety."

Resolved, "That a committee be appointed,

*This' says sir J. Reresby, p. 73, ' aimed at my Lord Treasurer, and some others of the Cabinet Council. This was carried by twoand-twenty votes, and even some of the cour tiers were for it; whence it was by some surmised, that the duke, being no longer in council, was grown jealous of the Treasurer, and had a mind he should be removed. It was now said the duke had been persuaded (but unjustly) that his lordship endeavoured to insinuate into the king, that there was something of probability in the accusation against the queen, purely that he might hearken to a divorce, and marry another, more likely to bring children to the crown.'

to inspect precedents touching the methods and proceedings of parliament in passing of Bills; and to enquire, Whether, according to the methods of parliament, a Bill may be brought in, for making the Militia more useful; and to report their opinion to the house." Five Popish Lords impeached, and committed to the Tower.] Dec. 5. The commons impeached the lord Arundel of Wardour, the earl of Powis, the lord visc. Stafford, the lord Petre, and the lord Bellasis, of High Treason, and other crimes and misdemeanors.-The Lord Chief Justice had in Oct. issued out his warrant for apprehending the said lords at the instance of the commons; which the lords being informed of by the said Chief Justice, they committed the said lords to the Tower by an Order of their own. *

A Supply granted for disbanding the Army.] Dec. 16. The house resolved, "That the Bill for granting a Supply to his majesty, for paying off, and Disbanding the Forces, &c. should pass; and that it should be entitled, An Act for granting a Supply to his majesty, of 206,462l. 17s. Sd. for the effectual Paying off, and Disbanding the Forces raised, or brought over from foreign parts, into this kingdom, since September 29, 1677."

A committee was then appointed, instantly to wait upon the king with this vote, who, upon their return, informed the house, That they had been to wait upon his majesty, according to order, who had sent them word out of the house of lords, that he was at that time very busy, and that his majesty had rather they would attend him at Whitehall, when the house was up.

Sir Jonathan Trelawney, prisoner in the Tower, (see p. 1048.) petitioned the house for leave to go into the country for recovery of his health; which was granted.

The King's Message informing the Commons that he had ordered Mr. Montagu's (a member) Papers to be seized.] Sir John Ernly, chancellor of the exchequer, acquainted the house, That he was commanded by the king to deliver this Message. "That his majesty having received Information, that his late Ambassador in France, Mr. Montagu †, a member of this house, had held several private Conferences

The accusation against these lords was, upon the evidence of Titus Oates, for accepting commissions from the Pope. See Burnet, vol i. p. 450.

+ Son of lord Montagu of Boughton, to which title he succeeded (on his father's death) in 1683: he was afterwards, for his eminent services, created by king William earl, and by queen Anne duke, of Montagu. He had been twice ambassador to the court of France, and in the house of commons was as zealous in promoting the Bill of Exclusion, as he was in the house of lords in forwarding the Revolution; soon after which he was appointed Master of the Great Wardrobe. He died in 1708.

with the pope's nuncio there, has, to the end that he may discover the truth of the matter, given order for the seizing Mr. Montagu's Papers *."

Debate thereon.] Serj. Maynard. I wish the like proceedings had been in other cases. Coleman had time to sort his Papers, and this diligence would have prevented it. I would let this matter alone awhile. The charge of corresponding with the pope's nuncio, borders upon treason very near; at least looks that way. Quicquid necessitas cogit, defendit. Correspondence of this nature sometimes may be justifiable. Šir Tho. Lee. This is a high charge against your member. I would hear him in his place. Because he is a member he is not exempt from crimes.

This

Mr. Powle. No man can defend an ambassador's having correspondencies, or conferences, with the pope's nuncio. Montagu is a member of parliament; and it is an old rule, that, in treason, no private man, nor member's person, can be seized, before the accusation be given in upon oath: if not, any member may be taken from parliament. I would know, whether any legal information has been given against your member. was a fatal case in the last king's time, of seizing members and their papers. I hope never to see the like again. If a great minister has a quarrel against a gentleman, and one go and tell the king a story of him to his prejudice, and his papers thereupon must be seized, I know not whither that will go. In the first place, I would be instructed from Ernly, whether there be any legal Information against your member? and, if there be not, then you may consider what to do.

Mr. Hampden. I would have the notice from the king, by the honourable person, written down, as the very words delivered by him, by the clerk.

Sir John Ernly.] I said, the king had com

"The earl of Danby had broke with Mon→ tagu, but knowing what Letters he had wrote to him, and with what secrets he had trusted him, was apprehensive Montagu might accuse him; so he resolved to prevent him. Jenkins, who was then at Nimeguen, wrote over (according to a direction sent him, as was believed) that he understood Montagu had been in a secret correspondence, and in dangerous practices, with the pope's nuncio at Paris.' Montagu, it seems, had made use of him, and given him money, which he loved, for such secrets as he could draw from him. Upon Jenkins's letter the king sent the above Message. This was a device of lord Danby's, to find his own letters, and destroy them; and then_to let the prosecution fall. But Montagu understood the arts of a court too well to be easily catched, and had put a box, in which those letters were, in sure hands, out of the way. A great debate arose upon this matter in the house of commons." Burnet.

manded me to let you know, that he having received information from abroad, that Mr. Montagu, his late embassador, contrary to his Instructions, had held private Conferences with the pope's nuncio, he had caused his Papers to be seized, to the end that he may discover the matter.'

Sir Tho. Clarges. I am glad to hear that the ambassador had Instructions not to correspond with the pope's nuncio. I am very glad to hear it indeed, (jeeringly.) Sir Wm. Godolphin, the Spanish ambassador, is accnsed of high treason by Mr. Oates, and yet we hear nothing of him. Montagu's instructions will appear in the secretary's minutes. I would have Ernly answer, whether this Information be upon oath?

Sir John Ernly. I have told you what the king has commanded me; but I cannot be free to say farther, without leave. I do not say contrary to any Instructions,' but without any Instructions,' from his majesty.

Sir Wm. Coventry. The whole business will turn upon this hinge. The devil is as bad as the broth he is boiled in, the proverb is. Some of us, it may be, have sons at Rome, and they have kissed the pope's toe, and may be guilty of treason for that. I would have that explained.

Mr. Powle. I shall acquaint you from Mr. Montagu, that he will deliver all his own Papers himself; else papers for his own private defence may be embezzled. He will resign them to any hand this house shall appoint.

Mr. Bennet. If his Papers are seized, papers may be put into his cabinet, as well as taken out, to his great prejudice.

Mr. Powle. Five or six gentlemen, from Whitehall, have seized all the passages to Mr. Montagu's house, and his lady has sent him a letter of it.

Col. Birch. This is a mighty mystery, nd the greatest business I have heard here. I should be very loth to make a wrong step in it here. I have always taken it for granted, that no member's Papers can be seized. I know not what haste they are in, in this matter, nor where it will end. Forty more members papers may be seized, at this rate, and the house garbled; and then the game is up. You have Information from Ernly of the thing, &c. and you may have as good information as this, against another member. The kingdom of France is in secretary Coventry's province; and I would have members to go to his office,to search the minutes for ambassador Montagu's Instructions, when he was sent into France.

Sir Wm. Coventry. If we address the king, to know whether the Information be upon oath, it will so turn the thing upon us, that we shall know it. I agree with Birkenhead, that it is a great fault in an ambassador, an omission to give the king an account of public transactions that have passed through his hands. It may be through forgetfulness; but unpardonable, if the king calls for it, and the person does not give it. I have been abroad myself in popish countries, and may have conversed with nuncios. I have had the king's pardon, and my share in the last act of indemnity. An ambassador has nothing for his justification, but his papers; and his neck may go for it, if he has not his papers to justify himself. I should be loth to have my papers seized, though but for matter of reputation. I had rather have my shirt, thau my papers, taken from me. Montagu desires only sorting of his papers, and that he may mark them, and he will deliver them to such as you shall approve of, and that he may mark them, and set them in order, to make his defence the better. Otherwise any minister, employed in foreign negotiations, is in a desperate condition.

Mr. Powle. I would not have his Papers tumbled and tossed about, before you know whether the Information against him be upon oath. The ministers heretofore answered for ill actions in the government, but now they put them all upon the king.

Mr. Vaughan. If Papers are seized at this rate, a great many of your members papers may be seized, because some men are guilty of high treason.

The Speaker. The thing is of great moment, and the king has told you why he has caused the Papers to be seized; and Montagu has told you, he has received a letter from his lady, that his house is guarded, &c.' but they are not to be seized till Montagu comes to his house to sort the papers. You concern not yourselves in matters of state, but matters of privilege. Till you know that his charge is not upon oath, you ought to believe that the matter is upon oath. It is a nice thing, and I know the stress and consequence of it. may be, I know the thing and matter of it. And if no-body is more capable to advise than myself, I would have you expect the issue.

It

Mr. Powle. What I moved is, because the thing yet is in possibility of recall. It is plain that his Papers are sent to be seized. The rights and privileges of parliament are the greatest strength and security of the king agd the nation. I think it a very dutiful way to know what the thing is. Therefore you cannot go a better than to send to the king, &c. before we rise.

Mr. Williams. If you adjourn, you submit your privilege to the king's pleasure. I cannot give my opinion, whether it is a breach of privilege, or not, till you have the thing entirely before you. I would know what this Information is against your member. I know, by the