Sir Cha. Harbord. The duke's office cost him a great sum of money, and it may be any man's case: pray be tender in what you cannot put the king upon, in point of law.

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Sir Wm. Lewis. We have cause to be tender in the things offered, and to desire that the king would be pleased to give him leave to sell his place.'

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Lord Cavendish, should not be for the latter part of the question, if it took his place' from hi, for the king may give him leave to sell it.' Lord Cornbury is not for taking away the duke's life. Would have things rightly understood: it concerns not his freehold; he holds it only during the king's pleasure. Is not against his leave to sell it: do you intend to leave employment' wholly out of the question? He has a patent for gentleman of the bedchamber, and a pension for it, and his lieutenancy of Yorkshire; and, on the other side, would not recommend him to the king, and not think him fit to be about his person.

Sir John Duncombe has a great compassion for this honourable person's misfortunes: what comfort can a man have, after shuch a charge, without some compensation for his place which he moves for.

Mr. Harwood has had great honour for this person, but now must lay all aside here: with what face can you make such an Address to the king? you do nothing to take away the king's charity, in compensation of his places, and doubts not but the king will do it: it is a burden greater than he could wish he had, but would not put it upon the king by our Address. Sir Wm. Coventry. To remove him' is the general sense, but would not wound other inen, by destroying his patent, nor wound his freehold, nor take away his blood: would have added to the Question, reserving to him the profits of such places, as of right, he has by any inheritance, or freehold.'

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Mr. Powle would have him removed out of offices that are granted him at his majesty's pleasure.

Mr. Swynfin. Be the offender ever so great, or the offence, you may err in the manner of proceeding: would have you proceed by such rules as agree with justice: in the duke of Lauderdale's case, persons did prove things against him (your members): looks for judicial proof before you; information has been but remembers no proof: it has been, the course that great ministers of state do take out those pardons, sometimes one or two in a year as to impeachment, this way was well; for then all evidence on both sides is heard does not think removal from the king's presence' a light thing. Put the case, you had this upon your own members-would you have freeholds taken away without proof? Thinks it an ill precedent: let the case be this, lords or whose it will, we have nothing but justice for our own preservation: whoever shall judge a man, and not hear him to the point, though bis judgment be just, he is unjust in judging.

Col. Strangways. There is no freehold in a grant at the king's pleasure:' will you make 'Lex et consuetudo parliamenti' nothing? We do as a grand jury does, persuaded in conscience that the thing is so Neither fornicator, nor adulterer, &c. shall enter into the kingdom of Heaven'-Hopes that virtue will be countenanced here: this vote is only to remove such a Counsellor,' to restore the king, and honour and integrity unto the kingdom: no sanguinary law: not for taking away bis freehold, but only what he holds at the king's plea sure: hopes that men of sobriety and honesty will be near the king, and would have the duke removed.

Sir Tho. Mercs. Removing from the king's person' is, in consequence, removing from places and employments: it is also said, we are heard as a grand jury, in impeachments ;' but, as you proceed now, there are objections; you now give your last judgment, whatever the king will do. Says another gentleman, you have heard no proofs; but these shall not go without an answer: this house had great power in judgment by common fame, as every one of us is told without doors. Lex Parliamentaria. Thirty persons, in Mr. Prynne's books, were desired to be removed from former kings, because the people spoke ill of them; some of them, though not all, were removed: the duke is a fine person, and taking with us, and we have a tenderness; but it does not become this house to countenance selling of places: though common fame is the great prerogative of this house, yet would use it very sparingly.

Sir John Birkenhead is against clancular and clandestine proceedings: in the common law, if the Christian neighbourhood say, one keeps another man's wife,' yet upon his oath he may clear himself: lord Bacon calls common fame ' a common liar;' and the precedents cited, of removals, were in ill times: is against the latter part of the question.

Mr. Powle. Birkenhead said, the precedents, cited, were of ill times,'-11 Rd. ii. a great while before his deposing: that was done in the 22d. The effects of those censures then kept things quiet, till his deposing: the duke of Ireland was then removed, for encroaching upon royal power: wishes we might ever use this power moderately, and that we had no occasion of using it now:

Col. Birch is one of those who desired no resolution of this matter till another day; and did it then for another reason, not for favour to the duke: it is the custom, that the Speaker call for a clear account, and wishes it had been now from the duke: but cannot a gentleman give a clear opinion in the question? Would not call for it: when once the debate was, in the Convention, of recommending Counsellors to the king, it was answered, all the awe you have upon the king's Council hereafter is, if they be such as the people have an ill opinion of, you may remove them;' and it is better for us then to name them, for we must be responsi

a noise yesterday, and that we ought not particularly 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:

"I acknowledge the honour the house has done me in admitting me to speak here: In private conversation, and at dinners, I have inet with a paper of Articles against me, in the nature of an Impeachment, though upon uncertain grounds: had I as much memory as innocence, I assure myself of all favour from this house: I have a bad memory, and so must make use of papers. I reduce the accusations to three heads. 1. Matter of Religion. 2. Matter of War and Treaties. 3. Particular Fortune and Acquisitions I have got since the king's Restoration. 1st, For Religion. I never did one act to derogate from the Protestant religion, neither have I heard mass, por made any reconciliation to the Church of Rome. I hope you will not rest upon aspersions, unless any hon. member will aver it on his knowledge, and, if so, I am content it should pass for a conviction. I am accused of having a part in composing the Declaration for Liberty of Conscience." I was present in council when it was resolved, that, in time of war, it might be of great advantage to do any temporary thing, till the parliament might consider of it; but, as soon as I was convinced that it was contrary to law, I was the first man that advised to desist from what was not tenable by law: as for what concerns the Papists (Roman Catholics) I suppose, that, according to the function of my place, I might pen it, but it was brought to me changed to what was resolved in council: to the charge of being a favourer of Papists,' I answer, In particular I have favoured those of the Church of England; but I have promiscuously obliged men of merit, without distinction of religion. To the 2nd. That I have promoted Irish Papists and Rebels, to be let into corporations and commissions of the peace, offices of trust,

military and civil, &c.' This is so ill imputed 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 by chance, upon some sudden emmergency.→→ 6. That I was the adviser to begin the war, without consent of parliament.' Whatever others may have done, few had a more positive share in hindering it than myself. There was no such thing as constraining the ambas sadors to sign,' as was alleged. What was done was on the other side of the water, and I was sensible of all approaches of violation of the league; in this I can scarce vindicate myself without reflection on others: I cannot affirm, but will lay before you my presumptions and others in this business. France, to bring the duke of Buckingham on their side, contrived his going over to Paris, on pretence of some easy coaches for the king, which he had leave for. The king warned him by no means to meddle with affairs. The king of France used him weil, and gave him a jewel. He counselled me about it; to requite him, I told him in what state matters lay: 'I see you fast to the Spanish interest, if you will procure me a pension from the Spanish ambassador;' the duke took the pleasure of telling the tale, and, upon my honour, I appeal if many have not heard the duke say, with oaths, Arlington is to be turned out, and he would furnish the king with a better secretary;' which he might easily have done. The first time the duke discovered himself, he desired to go with a compliment into France, which might have been done by a more ordinary man, He had authority to sound that court, and brought word of the French resolutions for war, and so magnified that king and his ministers, that all wondered at it. He brought accounts of resolutions of France for our interest, but no particulars; sometimes seriously, sometimes pleasantly. The * See the duke of Buckingham's Speech.

king told me the reports. I answered, Examine 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 an English-woman, and he commanded the king's troops in Portugal. If he would have changed his religion, he might have been marshal of France. It was not strange he should be sent for to command, when a descent was intended into Holland, in which country he had long commanded. Though Buckingham is a man of wit and parts, yet his experience is little or none at all in military affairs. Buckingham proposed that he might go to Utrecht, and I be joined with him, to temper him with my slow pace. Hard by, the king of France staid in his camp ten days, expecting the Holland Deputies; neither prince was to treat without the other. I and Halifax 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

king of France had given us half his conquests? 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 dignity of my employment, I am the falsest man that lives. I never begged any thing in England, 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 man. If what I have said is applicable 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."

Questions put to the Earl: with his Answers.] Then the Speaker desired to know, Whether he was pleased to make answer to some Questions he had in command from the house to ask his lordship? Who answered, he was willing.'

Question 1. "Whether any persons have, at any time, declared to him any of their advices or ill purposes against the liberties of this house, or propounded any ways to him for altering the government; and if they did, what was that advice, and by whom? Answ. I cannot apply this to any discourse I have heard, either public or private.-2. By whose advice the army was raised, and Papists set to officer them? Answ. On account of the war there was a necessity of good officers, and the Papist officers, many of them, were represented more skilful; but cannot apply the advice to any person.-3. And that army to awe the debates of this house? Answ. I can say nothing to it. -4. By whose counsel and ministry the Triple League was made? Answ. It has been suggested by me. Sir Wm. Temple was the fortanate man that dispatched it.-5. Who advised the first treaty with France? Answ. The making that League was the concurrent opinion of us all. I did not expect the French in carnest, if some blots had not happened.-6. By whose advice the Exchequer was shut up? Answ,