the Information he then gave at the bar, re-in all duty, lay before his majesty the Reasons lating to the Plot, is fully mentioned in the Trials of the Murderers of sir E. Godfrey, and others of the Traitors.

following. "1. For the quieting of the minds of your majesty's good Protestant subjects, who have more than ordinary care and soliciAddress for tendering the Oaths of Allegi- tude for the safety of your majesty's person, ance and Supremacy to his Majesty's Servants.] by reason of the notorious conspiracy of the Nov. 12. The commons resolved, "That, there Popish Party at this time, even against the life being an accusation of High-Treason against sir of your sacred majesty. 2. By your majesty's Wm. Godolphin, his majesty's ambassador in Proclamation, set forth upon the Address of Spain, an humble Address be presented to his both houses, for banishing Popish Recusants majesty, to desire him to call him home, to an- ten miles from London, there is no such reswer the accusation." To which his majesty striction. 3. The discouragement it would be was pleased to answer, "That he had already to this kingdom, to see so great a neglect; ordered his letters of revocation: and that he and the occasions that Papists would take to. had a person in his eye, who he designed say from thence, that all our fears were should succeed him in that service." And on groundless. 4. It is too great a countenance the same day the commons presented another to the dangerous factions which are already Address to his majesty, praying, "That a spe- come to that height, that it renders all manner cial commission may be issued forth, for tender- of discouragement on that side necessary. 5. ing the Oaths of Allegiance and Supremacy to It is against the laws and statutes of the all the servants of his majesty and royal high-realm; which, as they are preserved and mainness; and to all other persons (except his ma- tained by your majesty's authority, so we asjesty's Portugal servants) residing within the sure ourselves, you will not suffer them to be palaces of Whitehall, St. James's and Somerset thus violated by your family and royal prehouse, and all other his majesty's houses; and sence, upon the account of Popish Recusants." that there may be likewise special commissions Mr. Secretary Williamson sent to the Tower.] issued forth, for tendering the said Oaths to all Nov. 18. The commons being informed, that persons residing within the two Serjeants Inns, there were several Commissions to Popish Reall the Inns of Court, and Inns of Chancery." cusants, and Warrants also that they should The King's Answer.] To which his majesty be mustered, notwithstanding they had not returned an Answer in writing two days after: taken the Oaths, and subscribed the Declara"That as to all his majesty's own Servants, tion, according to the act of parliament, and all the servants of his royal highness, all other that they were countersigned by sir Joseph persons residing in Whitehall, St. James's, So-Williamson, Secretary of State: the notice of merset-house, or any other of his majesty's houses, except the menial servants of the queen and dutchess; as also all persons within either of the Serjeants Inns, or any of the Inns of Court, or Chancery, his majesty grants it. But as to the queen's menial servants, who are so very inconsiderable in their number, and within the Articles of marriage, his majesty does not think it fit. And his maj. cannot but take notice, that in a late Address from the house of peers, the menial servants of the queen and dutchess are excepted; and his majesty hopes that this house will proceed with the same moderation as to that particular."

this raised such a heat in the house, that they immediately sent sir Joseph, as a member of their house, to the Tower.

The King releases him.] This much offended the king, who the next day sent for the house of commons to attend him in the BanquettingHouse, where, in a speech to them, he told them plainly, "That though they had com, mitted his servant without acquainting him : yet he intended to deal more freely with them, and acquaint them with his intentions, to release his Secretary:" which accordingly he did that very day.

An Address to the King that he might not be discharged.] Upon which the commons imAnother Address to the same effect.] This mediately drew up an Address to his majesty Answer not being thought satisfactory, on the to present to him these Reasons of their pro15th the house proceeded to another Address, ceedings, in the commitment of sir Joseph in which they humbly advise his majesty, and Williamson, as a member of their house, viz. renew their desires, that the persons excepted" 1. That_divers Commissions were granted to in his majesty's message may be comprehended in the same commission; for which they do,

king; that he asking them, 'Why he had not been sooner let into the secret concerning the king's death,'-they answered, None were permitted to know it, but such as lord Bellasis nominated.' Here he stopped short, desiring time to put his whole Narrative in writing, which he said he had begun. And being asked if he knew Titus Oates?' answered in the negative, without any reservation." Ralph.

Popish Officers, and countersigned by the said sir Joseph, and delivered out in Oct. last, since the meeting of this house, and discovery of the present Popish Conspiracy. 2. Divers Warrants have also been produced before us, of Dispensations, contrary to law, for Popish officers to continue in their commands, and to be passed in muster, notwithstanding they have not taken the oaths of allegiance and supremacy, and received the blessed Sacrament of the Lord's Supper according to the act of parliament in that behalf: all which said warrants were likewise countersigned by the said

scope of the bill is not only to suppress persons that may propagate the growth of Popery, but to break their future hopes. This before you is of the greatest moment and concernment, that ever came before a house of parliament. I speak sincerely; by throwing out this Proviso, give you not the greatest advantage to the Papists to drive the duke into Popish hands? | Should that day come, of the king's death, what | disobligation do you put upon the duke! For God's sake accept the Proviso.

Those against the Proviso sat silent. Earl of Ancram. This debate looks as if it was not upon good ground and reason, but a resolved business. Nobody opens his mouth to answer any thing that is said, but only to call for the Question. If so, put it to the common fate of Aye and No. I think this is a subject for another man's brains and tongue better than mine. But pray consider; the duke is the king's only brother, the son of that martyr who died for his religion. The duke is said to be but a subject; but he is another kind of subject than lord Carrington (lately secured about the Plot) It is said, the duke is not heir apparent; but I am sure he is apparent heir. Generations to come will curse this day's work; therefore pray consider of it. Sir Wm. Killegrew. I dread taking the duke from the king-(and weeps.)

say not that the duke is a Papist; I know nothing of that; but if he be a Papist, I had rather he sat alone in the lords house, than with all the Popish lords. Next consider, whe ther it is not better in prudence, for the good of the kingdom, that the duke sit in the house of York [He meant the House of Lords.' I had rather have him amongst Protestants than Papists, in the heap of Papists. It is better in prudence to endeavour to keep him amongst us, than to thrust him amongst others: the duke is a person to be led and not driven, to be won and not to be frighted, to be persuaded and not compelled.

Sir Tho. Higgins. Let gentlemen, who are so earnest against this Proviso consider, shouldthe duke think himself disobliged, and go beyond the sea, and the French king support him with 100,000 men; could a greater blow be given to the Protestant Religion ?

Sir Rd. Temple. Would you break all the wheels of this design, is it not better to keep the duke here alone with us? That is the way to make him ours. Wherever the duke goes, his title to the crown goes along with him. The matter of Popery will go on, the duke absent, better than when the king sees all things. If you will take off all the wheels of this pernicious design, make the duke yours, and keep him with you.

one.) You may have great advantage in other bills of Popery, by getting this.

Sir John Birkenhead. In Henry vi.th's time, Sir Edw. Dering. The dignity of the perwhen all the peers were sworn to the Great sons makes the greatness of the thing. If we Charter, and not to take up the difference be- disagree with the lords in this Proviso, and tween the duke of Norfolk and the earl of War- leave it out, and the king give not his consent wick, the make-king, propter celsitudinem to the bill, your bill must fall, or runs a great et excellentiam Domini principis,' he was not hazard. I would agree, &c. and when that is obliged to take the oath-to make a law. that done, move the king to give an immediate conthe king shall not go to his brother, I under- sent to the bill. You have then but one stand not; it is the same thing as that his bro-Popish peer in the lords house, (if the duke be ther shall not come to him. Do you think the king will give his consent to this bill, to restrain himself thus? Cannot the king go to see Mr. Coleman, if he will? And not go see his brother! You here will make a law, that the duke shall be removed from the king's presence. Whither shall he go? Into the country? Or will you force him beyond sea? If he was a pusillanimous prince, of weak capacity; but he is one of the most magnanimous princes in the world. He renounced the French interest, that used his brother ill in his exile: drive him into French hands! I speak in the presence of God, I think, if you pass this Proviso it will be the greatest means to get him to our religion. For God's sake pass this Proviso.

Sir George Downing. I am one of those that will agree to this Proviso, and I will give you my reason for it, for my own justification. I had rather have half a loaf than no bread. I

*"The earl of Warwick had the honour of restoring Henry vi. to the throne, after having deposed him, and of pulling down Edw. iv. who had been raised entirely by his means; wherefore he was commonly called The kingmaker.'" Rapin.

VOL. IV.

• Mr. Walier. I am much perplexed in this business. The debate of removing the duke, has been adjourned several days, and always put off, but now blown in by a side-wind. Still the debate has been put off; that was some sign you would lay it aside. I am sorry for the Proviso, I wish we had had the bill without it. But you expound that which I never understood, that the duke, by it, should be removed from the presence of his brother. From my experience abroad, and what I have read at home, I have ever observed, that princes of the duke's magnitude are like fire out of the chimney, and put in the middle of a room; it makes a great blaze, but sets all on fire. Edw. iv. did not agree with his cousin the duke of Hereford. The princes of the blood in France are generally of a different opinion with the ministers of state they went away, but the king did all he could to get them to court again. When the Civil Wars were in France, Hen. iii, sent for the king of Navarre to marry his sister to be a help to him. David himself was a holy and a good man, but Absalom would not stay at court. David was afraid of his life, for his servants ran away from him to 3 X

Absalom, as Jonathan told him. Foreign princes will make use of the discontents multis utile bellum.' This removal of the duke is of vast consequence. Gentlemen are in earnest against Popery. If I thought this Proviso was not, I would be against it. There are laws against Papists. This will make them shuffle again, and the Papists can have no hope but by disorder or despair. By union in one vote, when we were at Peace amongst ourselves, we gave Spain a kingdom, viz. Sicily. What can we not do if we have glory at home, and peace abroad? I would lay aside this Proviso, as the most dangerous thing in the world.

Sir Tho. Meres. On one side, the reason against the Proviso is, prudence and safety. On the other, civility, gratitude, and compliment. I would be on the civil side, were not the safety of the nation concerned. No doubt but sir E. Godfrey was civil to go to Somerset House, &c. and he was civil to Mr. Coleman to compare notes with him: but he lost his life by it. I think that the bill, as we sent it up to the lords, names not the duke; and I would avoid naming him in the proviso. The lords name him. I am afraid to name him so, as if possibly he may be a rebel, as if possibly a Papist. This Bill names him not. I had rather this bill had never been brought into the house, than that this Proviso should name the duke. I name him not so, but if the Proviso will name him so, it is a beginning of Toleration. I am against the Proviso for the duke's sake.

Sir Philip Warwick. At the beginning of the Long Parliament, no moderation could be had between the king's prerogative and the subjects liberty. Nothing was more unjust, nothing more unfortunate. I would rather consider that a Popish successor may not be, but a Protestant of our religion.

terest, then it is time to offer our services to him. It is in his hands to save this whole nation, but I will never allow an argument, as this Proviso implies, that a peer shall do any thing against his country. When he is naked and alone, I will serve him, and he may serve himself.

Sir Wm. Coventry. A gentleman on the other side of the house has said one word that has awakened me. In point of gratitude, I need not tell you my obligations to the duke.* I will not deny a great deal of what has to-day been started. The danger of the Proviso is only reasons from the presumption of the goodness of this Prince's disposition. I shall say but one word, though, I apprehend, not any thing I can say can prevail in this matter. Consider whether this prince has not been useful to you. Whether he has not made a greater step to the Protestant Religion, by marrying his daughter to the prince of Orange, which had his concurrence. From that instance, he is so far from danger, that he has been a help to us: this is the reason why I am for the Proviso.

Several cried out, "Coleman's Letters, Coleman's Letters."

Sir Rob. Howard. Capel's father would have fought for the crown, whatever devil had raised the storm against it. This Proviso is a single disposing of a person for the security of the nation. Excluding the duke from the presence of the king, is it meant eternally? (It is granted he may stay 30 days, &c. by warrant from the privy council.) What will hold of all you have done, if the crown come to him? What will become of you, if an exasperated prince come to govern, though not of so great a spirit as the duke? I, in my extremity, would scorn to do an act so low, that I would not have disdained to do in my prosperity. The proposition of doing good by this, &c. is to do nothing, for it is but the shape of a thing, and not the thing itself. He is not a man in ordinary condition of other peers. He is separate from other subjects, and by a title. duke sees no Catholic lords come to the house of peers more. He sees he is separated from them by this Proviso; and will a man in his condition, preserved by a parliament, put himself upon mischief? Will that be his gratitude, think you? We all respect his person, and may hope, that, when he sees his own temper so different from us, he will embrace that here which he will never find in the popish religion. He is safe, when others are rejected, he is preserved, and may return more useful to the king and us.

The

Sir Henry Capel. It is said by Warwick, no moderation could be had in the Long Parliament,' but it was neither imprisonment of the members, though that broke into laws and liberties, it was not the violation of property by illegal taxes, but it was the unhappy hand of Popery which brought that disorder in, and possibly shed the blood I came of (his father, lord Capel.) Since the king's Restoration, Popery has played in court, in our negotiations of war and peace, of setting up ministers and taking thein down; and God knows where it will end. I have a representation as other men have; wife and children, and all is at stake. Will not this startle a great man? I hope it will. Were it not for hope, the heart would break. I hope yet that this great price will come into our Church. But will you, by Lord Cavendish. I cannot agree to the admitting this Proviso, have all our tongues duke's being declared a Papist by act of partied, and by law declare the duke a Papist?liament, till I hear the lords Reasons for the Shall this be done by a law? If it must come from us, this is not the time. If once I can separate the duke's interest from his person, I would serve him. Press down that Popish interest more and more by law, and when the duke is naked, and clear from Popish in

Proviso. If we agree to the Proviso, we cannot hear the lords Reasons. Possibly I may be convinced by the lords, but I am not by any thing I have heard yet.

*He had been his Secretary.

1045]

PARL. HISTORY, 30 CHARLES II. 1678.-calling Mr. Asha Rascal. [1046

The Proviso was agreed to, 158 to 156 *.

Resolved, "That Reasons be drawn up to be offered at a conference for not agreeing with the lords in their 2nd and 3rd Amendments, &c." relating to the Servants of the Queen and Dutchess of York.

Debate on sir J. Trelawney's calling Mr. Ash a Rascal.] A breach of the peace happening in the house, between sir Jonathan TreJawney and Mr. Ash:

The Speaker said, I know not who was the author, or occasion, of this disturbance, but be my relation ever so near to them, I must tell you who they are that have given blows in the house they are sir Jonathan Trelawney and Mr. Wm. Ash.

Mr. Williams. I saw something that passed betwixt these two gentlemen. I am sorry I There was such a case saw what I did sec. once in Westminster-Hall, and it puzzled the Judges. I am sorry for this case, now we are securing the nation by the Militia, that the peace should be broken amongst ourselves. What has passed looks like an unhappy omen. Sir Jonathan Trelawney. I rise up the earlier to speak, because I wish this had been in another place; but perhaps in a more sacred place than this, if any man should call me rascal,' I should call him rebel,' and give him a box on the ear. The cause of the quarrel that happened was this. Col. Birch was saying, lose this question (about the Proviso) and he would move for a general toleration.' And Ash • No,' said I, I never was for that.' said, 'I am not for Popery.' Said I, Nor I for Presbytery.' I came to Ash, and told him ⚫ he must explain his words.' Said Ash, I am no more a Presbyterian than you are a Papist.' Upon which I said, Ash was a rascal,' and I struck him, and should have done it any where; but I am sensible it was in heat, and I humbly ask the pardon of the house for it.

Sir Wm. Harbord. He has.behaved himself like a man of honour. I must say this, I saw Trelawney strike a stroke.

Sir Wm. Portman. Here has been a just account given of the thing. I pray God there be no ill consequence of it.

Mr Sacheverell. I have a great respect for

"The duke spoke on this proviso in the house of lords with great earnestness, and with tears in his eyes. He said he was now to cast himself on their favour in the greatest concern he could have in this world.' He spoke much of his duty to the king, and of his zeal for the nation;' and solemnly protested, that, whatever his religion might be, it should only be a private thing between God and his own soul; and that no effect of it should ever appear in the government.' The Proviso was carried for him by a few voices. And, contrary to all mens expectations, it passed in the house of commons." Burnet.

Mr. Ash and the Speaker married two sisters, and sir Jonathan Trelawney married the Speaker's aunt.

the two gentlemen, but more for the preserva-
tion of the peace of your councils. If you put
up this, and make not an example, you do not
justice to yourselves.

You

Lord Cavendish. I allow both the gentle-
men to be in the fault extremely. There can
be no excuse made for ill language, nor blows,
here, but you must make distinction.
ought, in your censure, to go first on the ag-
who has done so great a fault contrary
You can do no less
to the peace at this time.
than send him to the Tower, and expell him
the house.

gressor,

Mr. Williams. By the Orders of the house, if you debate the censure they ought to withdraw.

The Speaker. If you go on in the debate, they must withdraw.

Mr. Ash. You have a relation from the gentleman, which is, in a great measure, truc. I hope you will allow that the provocation was great. I do acknowlege I have done a great fault, and I humbly ask the pardon of the

house.

Mr. Sec. Coventry. There can be no debate who shall be punished, or who not, till they are both withdrawn.

Sir Tho. Meres. Who provoked, or who followed the provocation must be an after debate. But neither of them ought to sit; it will be voting in one another's case.

Sir Tho. Lee, upon the Speaker's motion, 'That both of them should be in custody of the serjeant,' said, You must commit them before judgment be passed upon them, and then they ought to come upon their knees to the bar, before they be discharged.

Sir Tho. Littleton. It is not an equal way of proceeding. The Speaker says, only, in safe custody." It may be others think they do not deserve commitment at all, or one to be committed to the serjeant, the other to the Tower.

The Speaker. There is nothing more equal than to put them both in the same condition, and to order it upon your Books, that it is for security, till the house consider how to proceed.'

Ordered, "That sir Jonathan Trelawney and Mr. Ash be secured by the serjeant at arms, for having committed a breach of the peace in the house, until the matter be examined and determined by the house."

Lord Cavendish. I move, that Trelawney, as being the aggressor in this breach of the peace, may be expelled the house.

Mr. Booth. Trelawney came to Ash and reflected upon his family for being Presbyterians and rebels. You can do no less than send him to the Tower, and expell him the house.

Mr. Bennet. When I consider the noise without doors, and how your members are reflected on for what they do here: and that when I had the ill luck to displease the court, they said, there goes such a rogue, he is for a commonwealth?" and when families are reflected upon, notwithstanding an act of indem