ble for them: shall you depart from this, and call for direct proof of persons only, and not things? You have great prejudice by it: you cannot take his freehold from him by your vote, and he is therefore for the question. actions go through his hands: he has been the great treasurer; the management of that must pass by him: he has no prejudice to him, or disobligation from him, but it is a duty he owes the king and nation: it was just upon your heels the taking away your liberties, contrary to the laws of the kingdom; and, to back this, an army was raised of dangerous men, unfit to command: nothing has passed for some years but through his hands; the army, the Declaration; he the great conduit-pipe; this instance many within these walls know, and abroad he is reported a Papist, and reconciled to the Church of Rome: in the Journal you may find the Act for suppressing of Conventicles; upon his majesty's power to suspend Laws in the Proviso; upon the division of the house, Arlington staid in for it with not above 30: every thing passed through his hands; all Licences, according to the Declaration. Sir Tho. Littleton fears, that you may clash with the lords upon another thing: when the point was of removal from the king's presence, 29 Hen. vi. as now, the king answered, he is content to remove them from his presence, except they be lords, unless they approve.' Whether any clear precedent, the commons originally to go to the king to remove, in case of peers, is not satisfied: it is not the case of the duke of Lauderdale, who is no peer. Lord Cornbury. Littleton is mistaken in the precedent of 29 Hen. vi. The duke of Somerset, and the bishop of Winchester, were removed: the words of the accusation were, 'the people spake ill of them :' the king grants the request of the commons, unless to some few persons that were lords, who are necessary about him the lords concurrence will beget another debate, but the king is still at the same freedom. Resolution against the Duke.] At length it was resolved, "That an Address be presented to his majesty, to remove the duke of Buckingham from all his Employments that are held during his majesty's pleasure, and from bis Presence and Councils for ever." Articles of Impeachment against him.] The Articles he has to exhibit against lord Arlington are these: ARTICLES of treasonable and other Crimes of High Misdemeanor against the Earl of Arlington, principal Secretary of State. I." That the said earl hath been a constant, and most vehement promoter of Popery and Popish Counsels; I. By procuring Commissions for all the Papists lately in comThe above proceedings induced the lords, mand, and who made their application to him, on the 15th, to refer it to the committee of as a known favourer of that faction; there privileges to search the Journals, what hath being not one commission signed by the other been formerly the practice in such cases. On the secretary; many of which commissions were 20th the committee reported "That their lord-procured and signed by him, since the several ships have searched and perused several prece- Addresses of the two houses of parliament to dents; and thereupon conceive that it may his majesty and the passing the late Act deeply intrench into the privileges of this house, against Popery: 2. By procuring his majesty's for any lord of this house to answer an Accu- Letter, commanding Irish papists and rebels sation in the house of commons, either in per- to be let into corporations, and admitted into son, or by sending his Answer in writing, or by the commissions of the peace, and other offices his counsel there:" Upon serious consideration of trust military and civil, contrary to the estahad thereof, and perusal of the said Prece-blished laws and constitutions of that realm, dents in this house, it is Ordered, That, for to the great terror of the king's protestant the future, no lord shall either go down to the subjects there: 3. By not only setting up and house of commons, or send his Answer in writ- supporting the aforesaid Papists there, but ing or appear by counsel, to answer any accu- bringing the most violent and fiercest of them sation there, upon the penalty of being com- to command companies and regiments of the mitted to the Black Rod, or to the Tower king's English subjects here to the great disduring the pleasure of this house." And it is honour and danger of this kingdom: 4. By further Ordered, "That this Order be added openly and avowedly entertaining and lodging to the Standing Orders of this house, that the in his family a Popish priest, contrary to the lords may the better take notice of the same." known laws of the land; which said priest was PROCEEDINGS AGAINST THE EARL OF AR LINGTON. 66 He had once professed it, and when he died, he again reconciled himself to that church. Yet in the whole course of his ministry, he seemed to have made it a maxim, that the king ought to show no favour to Popery, but that all his affairs would be spoiled, if ever he turned that way; which made the Papists become his mortal enemies, and accuse him as an apostate, and a betrayer of their interests." Burnet. He died in 1685, leaving an only daughter, married to king Charles's favourite son, the duke of Grafton, Debate thereon.] Sir Rob. Carr assures the house that he does not oppose the bringing in the Articles, or any thing objected against lord Arlington; but he has a letter to the Speaker to be communicated to the house. a noted solicitor and promoter of the Popish | fleet; the sad consequence whereof we have faction, and has since fled out of this kingdom: since felt, notwithstanding the king of France 5. By procuring pensions, in other mens had agreed to send a supply of money, in or names, for Papist officers, contrary to, and in der to the having the fleet wholly English. illusion of the late act of parliament: 6. By 5. Whereas the king was advised by several obtaining several grants of considerable sums of his council to press the French king to deof money, to be charged upon the revenue of sist from making any further progress in his Ireland, for the most violent and pernicious conquest of the inland towns of Holland, papists there; particularly 2000l. for one col. whereof England was to have no benefit, and Fitz Patrick, a notorious Irish rebel, whose to turn his arms upon those maritime towns mother was hanged in the late war, for mur- that were by the Treaty to have been ours, his dering several English, and making candles of Idp. gave the king counsel to desist; whereby their fat; this grant being procured for the that part of our expectation was wholly frussaid Fitz Patrick at a time when he was ac- trate. 6. Whereas the king was advised, by cused to the lord Arlington of high crimes, by several of his council, not to enter into this the now lord lieut. of Ireland: 7. By pro- war, till his maj. was out of debt, and had adcuring his maj. to release several Irish papists vised with his parliament, his Idp. was of opin(some whereof deeply engaged in the horrid ion to the contrary, and gave his advice ac rebellion of that kingdom) the chiefries or cordingly. 7. When the French ships were head rents reserved to the crown, out of the dispersed after the late Fight at sea, and had forfeited estates of Papists there, being a prin- lost all their anchors and cables, by reason of cipal part of his majesty's revenue in that the foul weather that then ensued, he per kingdom-II. That the said earl hath been suaded his maj. to send them fourscore cables guilty of niany and undue practices to promote and anchors; although it was then objected, his own greatness; and hath embezzled and and he knew it to be true, That his maj, bad wasted the treasure of this nation; 1. By not, at that present time, any more in his procuring vast and exorbitant grants for him- stores than would supply his own ships, in case self, both in England and Ireland, breaking of the like necessity. 8. He hath traiterously into the Settlement of that kingdom, and dis- corresponded with the king's enemies, beyond possessing several English adventurers and Sol- the seas, and contrary to the trust reposed in diers of their properties and freeholds, in him, hath given intelligence to them." which they were duly and legally stated, without any colour of reason, or suggestion of right: 2. By charging excessive and almost incredible sums for false and deceitful intelligence: S. By procuring his majesty's hand for the giving away, between his first entrance into his office, the value of 3 millions of sterling money, at the least; the several grants whereof are extant, countersigned by him, and by him only. 4. That the said earl, presuming to trample upon all estates and degrees of the subjects of this realm, the better to subdue them to his will and pleasure, hath causelessly and illegally imprisoned many of his majesty's subjects. 5. That he did procure a principal peer of this realm to be unjustly imprisoned, and to be proclaimed traytor, without any legal proceed or trial; and did maliciously suborn false witness, with money, to take away his life, upon pretence of treasonable words.-III. That the said earl hath falsely and traiterously betrayed the great trust reposed in him, by his majesty, as counsellor and principal secretary of state; 1. By entertaining a more than usual intimacy with the French ambassador; not only lodging him in his house, but letting him into the king's most secret counsels. 2. By altering in private, and singly by himself, several solemn determinations of his majesty's councils. 3. By procuring a stranger to have the chief command of the late raised army, for invasion of Holland, to the great dishonour and discouragement of all the loyal nobility and gentry of this nation. 4. By advising his maj. to admit of a squadron of French ships to be joined with our English Lord Obrien knows not but what has been said yesterday may have been the occasion of this Letter, and would have it read. The Earl's Letter to the House of Commons.] The Speaker moves that he may read lord Arlington's Letter. The Letter was read accordingly, as follows: 'Mr. Speaker; Hearing that the hon. house of commons are informing themselves of public affairs, wherein, I humbly conceive, what I can say may be of use and satisfaction to them, I beseech you to do me the favour, by the means of this house, to obtain leave for me to be heard by the hon. house. ARLINGTON.' Mr. Tho. Lee moves that lord Arlington may be asked the same questions with the duke of Buckingham, excepting that of M. Schomberg, being one of the Articles lord Arlington is accused of. Mr. Sec. Coventry hopes that the house will not vote that we shall examine him: no member of the lords house can answer us. Sir Wm. Lewis. He is at his own pleasure for answering our Questions: he, by his Letter, offers information only. Sir Tho. Lee. He is judge of his own discretion; you may ask him what you please. Sir Rob. Carr believes, that any question this house will ask this noble lord, he will answer. The Speaker reminded the house of making a noise yesterday, and that we ought not par- | military and civil, &c.' This is so ill imputed ticularly to salute any man, because the respects of the house are paid by the Chair; an irregular motion when performed by any else. Sir Edm. Jennings. If you lose the opportunity of asking him questions here, perhaps you will not see him again. Col. Birch. Can any thing be more natural than asking of questions? and the Speaker has drawn questions this way and that way, till you have come to the bottom if he gives full Answers, you need go no farther: it was not so managed yesterday. Sir Cha. Harbord. If, upon the relation he makes, you find no cause, then would have no Questions asked you cannot examine a peer nor can you send for him again. Mr. Sacheverell would have no questions asked him to accuse himself: five of the Questions concern him, and he would have all these laid aside. The Earl's Speech to the House of Commons.] The Earl of Arlington was admitted into the house, in the same manner, in all respects, with the duke of Buckingham. He then spoke to this effect: to me, that I was not at London, at the council, but at my country house, when the order was made. Any gentleman here, that knows the forms in this matter, can tell, that these letters are by the king's particular direction. 3. Bringing the most violent Papists into command of companies and regiments of the king's English subjects, &c. and though they refused the oaths by the act enjoined, procuring them new commissions.' It was affirmed to me, that col. Panton would take the Oaths and Test, and by his looks seemed to accept his commission accordingly. I dare pronounce that not one commission was signed by me, but for such as went into foreign parts, and were not likely to return.-4. That I stopped prosecution of the piracy in Ireland, of one Fitzpatrick.' My hand is no way seen in it, but in an order for his prosecution. A letter was sent me from the lord lieutenant of Ireland; but I gave no interruption, directly nor indirectly, to his prosecution.-5. Entertaining and lodging in my house a Priest, contrary to the known laws, a noted solicitor of the Popish faction, &c.' I know of none, except father Patrick, that ever frequented my house, unless "I acknowledge the honour the house has by chance, upon some sudden emmergency.done me in admitting me to speak here: In 6. That I was the adviser to begin the war, private conversation, and at dinners, I have without conseat of parliament.' Whatever met with a paper of Articles against me, in others may have done, few had a more posithe nature of an Impeachment, though upon tive share in hindering it than myself. There uncertain grounds: had I as much memory as was no such thing as constraining the ambasinnocence, I assure myself of all favour from sadors to sign,' as was alleged. What was this house; I have a bad memory, and so must done was on the other side of the water, and I make use of papers. I reduce the accusations was sensible of all approaches of violation of to three heads. 1. Matter of Religion. 2. the league; in this I can scarce vindicate myself Matter of War and Treaties. 3. Particular without reflection on others: I cannot affirm, Fortune and Acquisitions I have got since the but will lay before you my presumptions and king's Restoration. 1st, For Religion. I ne- others in this business. France, to bring the ver did one act to derogate from the Protestant duke of Buckingham on their side, contrived his religion, neither have I heard mass, nor made going over to Paris, on pretence of some easy any reconciliation to the Church of Rome. I coaches for the king, which he had leave for. hope you will not rest upon aspersions, un- The king warned him by no means to meddle less any hon. member will aver it on his with affairs. The king of France used him knowledge, and, if so, I am content it should well, and gave him a jewel. He counselled pass for a conviction. I am accused of hav-me about it; to requite him, I told him in ing a part in composing the Declaration for what state matters lay: I see you fast to the Liberty of Conscience." I was present in Spanish interest, if you will procure me a pencouncil when it was resolved, that, in time of sion from the Spanish ambassador;' the duke war, it might be of great advantage to do any took the pleasure of telling the tale, and, upon temporary thing, till the parliament might my honour, I appeal if many have not heard consider of it; but, as soon as I was convinc- the duke say, with oaths, Arlington is to be ed that it was contrary to law, I was the first turned out, and he would furnish the king with man that advised to desist from what was not a better secretary;' which he might easily have tenable by law: as for what concerns the Pa- done. The first time the duke discovered pists (Roman Catholics) I suppose, that, ac- himself, he desired to go with a compliment cording to the function of my place, I might into France, which might have been done by a pen it, but it was brought to me changed to more ordinary man. He had authority to what was resolved in council: to the charge of sound that court, and brought word of the being a favourer of Papists,' I answer, In French resolutions for war, and so magnified particular I have favoured those of the Church that king and his ministers, that all wondered of England; but I have promiscuously obliged at it. He brought accounts of resolutions of men of merit, without distinction of religion.-France for our interest, but no particulars; To the 2nd. That I have promoted Irish Pa- sometimes seriously, sometimes pleasantly. The pists and Rebels, to be let into corporations and commissions of the peace, offices of trust, * See the duke of Buckingham's Speech. 6 To the falling upon the Smyrna fleet before war was declared against Holland,' I remember that my opinion was not prevalent, for I never pretended to maritime affairs; neither do I remember, that I had more concernment in it than others. That we should be governed by a Standing Army. None in this house, nor out of it, abominate it more than I. I think it impossible to awe it with 20,000 men, I never heard the thing said, no, not by the duke of Buckingham. It was never in debate, and we never had it in our mouths. As for my having had extraordinary Grants from the king, &c.' had I presumed to beg of the king, as others have done, I might have had more; but if I have to maintain half the dig nity of my employment, I am the falsest man that lives. I never begged any thing in Eng land, but I have had 10,000l. out of Ireland.' I have lord Bense's estate, in Ireland, given me, (which I begged) which he forfeited in the Rebellion, worth 1000l. per ann. I proved I was never in rebellion, and so I claimed his estates myself. 'Engrossing all affairs into my hands.' I should think myself the happiest man in the world, if I might retire from the management of affairs. Any gentleman of honour or parts, that hath had any business with the king, I have gone with and assisted. I beg pardon for tiring the house with this abrupt paper. I doubt not but to be found an innocent inan. If what I have said is applica ble to any thing the house desires to be informed of, I will serve the house: I think myself safe in your hands, and lay myself at your feet." king told me the reports. I answered, Ex- | king of France had given us half his conquests? amine the thing, and be not guided by particular partiality. I have leave from the king for my coming hither, for the purgation of myself. I am taxed with having spoiled the treaty with France. Many, that I can name, present in council, have heard the duke say, I am persuaded, what lord Arlington says is with reflection. Either I did, or did not say, he changed the Treaty.' I fear the duke has forgot the Treaty. This French treaty confirmed the Triple Alliance; the king established it in the treaty. It is true, the progress of the war has begotten some disturbance; as the business of Charleroy. If France disturbs, this Treaty is violated: France was thus warned. The king of France asked leave for some forces to pass through Flanders; Monteri gave him a civil denial; which being resented by the king, on the behalf of France, diverted the French king from marching. As for the delivery of towns to us,' it is so silly a thing, that it deserves not an answer. We have ever pressed France for money instead of ships. France had stores, but could not spare money. The king sent to compliment the king of France at Dunkirk; Buckingham offered himself, and treated of things unknown to me; he hoped satisfaction to wait upon so great a king, so obliging, when we approached so near the war. Ambassador Montagu, under the king's own hand, was commanded not to speak to the ministers, but to the king of France himself; 6000 men for the king to maintain. I pressed the king that Montague might desist from that proposition. Buckingham was the head of them, and his officers. As to my charge of being privately shut up with the French ambassador;' my doors were not shut to him, nor the Spanish ambassador; but as for pensions,' those that wrote the paper of Articles should have had the good manners to have told mine. As for M. Schomberg's being general of the English;' his mother was Question 1. "Whether any persons have, at an English-woman, and he commanded the any time, declared to him any of their advices king's troops in Portugal. If he would have or ill purposes against the liberties of this house, changed his religion, he might have been mar- or propounded any ways to him for altering sbal of France. It was not strange he should the government; and if they did, what was be sent for to command, when a descent that advice, and by whom? Answ. I cannot was intended into Holland, in which coun- apply this to any discourse I have heard, either try he had long commanded. Though Buck-public or private.-2. By whose advice the ingham is a man of wit and parts, yet his army was raised, and Papists set to officer experience is little or none at all in mi- them? Answ. On account of the war there was litary affairs. Buckingham proposed that he a necessity of good officers, and the Papist of might go to Utrecht, and I be joined with him, ficers, many of them, were represented more to temper him with my slow pace. Hard by, skilful; but cannot apply the advice to any the king of France staid in his camp ten days, person.-3. And that army to awe the debates expecting the Holland Deputies; neither prince of this house? Answ. I can say nothing to it. was to treat without the other. I and Halifax-4. By whose counsel and ministry the Triple were for moderate courses; Buckingham was for exorbitant. As to the parliament's not being acquainted with the war by my means;' it was represented, that the king had money to carry it on; it was never moved, nor urged, by any, that the war should come to the parliament. And as for our having towns,' what should we have done with them, if the Questions put to the Earl: with his Answers.] Then the Speaker desired to know, Whether he was pleased to make answer to some Ques tions he had in command from the house to ask his lordship? Who answered, ‘he was willing.' League was made? Answ. It has been suggested by me. Sir Wm. Temple was the fortunate man that dispatched it.-5. Who advised the first treaty with France? Ans. The making that League was the concurrent opinion of us all. I did not expect the French in earnest, if some blots had not happened.-6. By whose advice the Exchequer was shut up? Ans. You may easily believe I was passive in it. I can It was then resolved, "That the Articles be referred to a committee, and that they report what matter is therein contained, and can be proved, that is fit for an Impeachment." † "Lord Arlington spoke much better than was expected: be excused himself, but with ont blaming the king: and this had so good an effect, that though he, as secretary of state, was more exposed than any other, by the many warrants and orders he had signed, yet he was acquitted, though by a small majority. But the care be took to preserve himself, and his success in it, lost him his high favour with the king, as the duke was out of measure offended at bun. So he quitted his post, and was made lord chamberlain." Burnet. Debate on Regulating of Elections.] Jan 22. Sir R. Howard. The expences of Elections are grown so vast, that it goes beyond all bounds, the charges considered in the country and here. Mr. Garroway. It is dangerous for a man to be thrown out for his hospitality in the country: these charges arise commonly from competitors that live in another country: they must be undone by out-doing him that comes from another country, with indirect intentions. Mr. Swynfin. Some carry elections by awe and force, and some by ability to expend. Unless you do it to some elect, it takes up your time, and the thing will never be practicable: by the effect he observes of sumptuary laws, he believes you will have the same effect of this,-none at all, but for an informer to get by it, and no man else. The examples of the king and court would have more effect than any law you can make, and when you find elections carried thus, and quash them here, that may remedy something. You having as good a law now, which does no good, therefore would forbear a helpless law as this is. Serj. Seys. The penalty of a sheriff, for a false return, is but 1007.; and in the spending 1500l. the sheriff may be well gratified, by the party returned, for his fine. Mr. Boscawen. The person elected ought to be resident in the borough or county for which he is chosen, by the statute, but that is antiquated and out of practice; but if you restrain it to persons resident in the county, to be chosen in boroughs, or that have estates in that county, you may do well; though the old statute is really a law, but out of practice: and this may cure all the evils. Mr. Waller. Let us mend our proceedings here, and we shall mend elections: times are much changed now. Formerly the neighbour hood desired him to serve; there was a dinner, and so an end; but now it is a kind of an empire. Some hundred years ago some boroughs sent not; they could get none to serve; but, now it is in fashion and a fine thing, they before us: these gentlemen had suffered their The Author of his Life, in the Biographia, Charge to outrun their evidence, by dealing in says, "That it was neither his speech, nor his presumptions instead of proofs: lord Arlington cause, that brought him off, but the personal saw the opening, and improved it with all the friendship of a noble person nearly allied to address imaginable: for, being admitted to be bim, viz. the earl of Ossory, eldest son to the heard by the house, in his turn, he so far exduke of Ormond, and then the most popular ploded, or evaded, all that the duke had said man of his quality in England, who stood for the day before, and set so plausible a gloss on five days, that the debate lasted, in the lobby of his own actions, that the Impeachment died the house of commons, and solicited the mem-away, and he escaped, even without the least bers in his favour as they entered the house." censure: he had been charged in particular Nothing further appears to have been with corresponding with the king's enemies bedone in this Accusation. "No greater mis- yond the seas: his friends, who had taken take," says Ralph, "can be made by the pro- heart on seeing him come off so triumphantly, secutors of a bad minister, than to charge hin called upon sir Gilbert Gerrard for his vouchwith any one Article which they cannot supporters: he was unprovided, would have withdrawn with undeniable proofs. If he has it in his power to loosen any one link of the chain, he infallibly makes his escape; and, instead of being punished himself, renders odious his accusers. This was the circumstance in the case VOL. IV. that Article, was not allowed, had recourse to the wretched expedient of desiring time; and, at last, took refuge in saying, that this treacherous correspondence was carried on during the last Dutch war." 2 U |