would not.' The duke replied, He thought | PROCEEDINGS RELATIVE TO THE IMPEACHMENT they would, and that they would bring a great many with them.' This discourse passed betwixt them the first Saturday in Sept. 1673, in the duke's dressing room, at the Gatehouse, in Whitehall."-He withdrew. Sir Tho. Littleton. Burnet tells us, this was the substance of his discourse with the duke; but would have him called in to inform them the circumstances likewise, which will much enlighten the thing. Mr. Vaughan would know whether he came casually to the duke, or was sent for by him. Col. Strangways would have him asked, what Declaration he means? Sir Eliab Harvey would have him asked, what he does know as to other matters ? : Mr. Garroway. About that time he came over out of Scotland, you were about the Declaration if you have a mind to the thread of all the counsellors that advised this Declaration, possibly he may give you some light: would know of him whether he was sent for, or whether this was an accidental discourse. Sir Rob. Howard would have repeated to him what he has already said, that he may explain himself farther. OF THE LORD TREASURER DANBY. April 26. Mr. Russel said, He was glad to hear, on Saturday last, an account that the Irish Papists to cut their throats.' I was next examined concerning the design of bringing a Scottish army into England. I desired to be excused as to what had passed in private discourse, to which I thought I was not bound to answer, unless it were high treason. They pressed me long; and I would give them no other answer; so they all concluded that I knew great matters; and reported this specially to the house. Upon that I was sent for, and brought before the house. I stood upon it as I had done at the committee, That I was not bound to answer; that nothing had passed that was high treason, and as to all other things, I did not think myself bound to discover them.' I said farther, I knew duke Lauderdale was apt to say things in a heat, which he did not intend to do; and since he had used myself so ill, I thought myself the more obliged not to say any thing that looked like revenge for what I had met with from him.' I was brought four times to the bar. At last I was told, the house thought they had a right to examine into every thing that concerned the safety of the nation, as well as into, mat bound to satisfy them. Otherwise they would make me feel the weight of their heavy displeasure, as one who concealed what they thought was necessary to be known.' Upon this I yielded, and gave an account of the discourse formerly mentionedt. They laid great weight on this, and renewed their address against duke Lauderdale." The Clerk, who was crdered to form what Dr. Burnet had given an account of at the bar, did read it to him, which Burnet did avow, and is as follows: "That coming into Eng-ters of treason: and they looked on me as land, out of Scotland, the first Saturday in Sept. 1673, he went to visit the duke of Lauderdale, at his lodgings over the Gatehouse in White! all, where the duke and he discoursed of the affairs of this nation, and of Scotland, and particularly concerning the proceedings of parliament touching the Declaration for suspending penal laws, in matters ecclesiastical, and being afterwards asked, "Whether if Scotland being called in to assist the king in supporting the said declaration, they would assist him or not?' he answered He thought they would not.' But the duke replied, He believed that they would, and that their coming into England would bring a great many.' That the duke asking him of the affairs of Scotland, he answered, The people of Scotland, that were at such a distance, could not imagine what to think of the king's Speech, and what was afterwards done concerning the Declaration.' Whereto the duke replied They have all forsaken the king except myself and lord Clifford."* 6 † At vol. i. p. 355 of his History, where it is thus related, "At my coming to court, duke Lauderdale took me into his closet, and asked me the state of Scotland. I upon that gave a very punctual and true account of it. He seemed to think that I aggravated matters, and asked me, If the king should need an army from Scotland to tame those in England, whe ther that might be depended on? I told him certainly not.' The commons in the southern parts were all presbyterians, and the nobility thought they had been ill used and were generally discontented, and only waited for an occasion to show it.' He said he was of another mind: the hope of the spoil of England would fetch them all in.' I answered, The Bishop's own account of this affair is The king was ruined if ever he trusted to as follows: "The house of commons fell upon that.' And I added, "That with relation to duke Lauderdale, and those who knew what other more indifferent persons, who might be had passed between him and me, moved that I otherwise ready enough to push their fortunes should be examined before a committee. I without any anxious enquiries into the grounds was brought before them. I told them how I they went on, yet even these would not trust had been commanded out of town. But though the king, since he had so lately said, he would that was illegal, yet since it had been let fall, stick to his Declaration, and yet had so soon it was not insisted on. I was next examined after given it up.' He said Hinc illa lachryconcerning his design of arming the Irish Pa- mæ: but the king was forsaken in that matter, pists. I said, I, as well as others, had heard for none stuck to him but lord Clifford and him say, He wished the Presbyterians in Scot-himself.' And then he set himself into a fit land would rebel, that he might bring over the of railing at lord Shaftsbury." Navy was in so good a condition; but thinks all we give is too little when the Treasury is managed to set up private men and their heirs. The earl of Danby has acted in it in a high and arbitrary manner, and disposed of the treasure as he pleased: and has publicly declared at the Treasury that a new proclamation is as good as an old law,' moves, that he may be removed from the king and his employments,' and that an Impeachment be drawn against him. by his advice. The taking these two great branches of the revenue, is like a steward who takes all the domains into his own hands, and leaves the lord of the manor a few tenements: by this way of farming, he takes all he can into his hands, and disposes of it how he pleases. Here have been extraordinary advances upon these farms, besides the ordinary revenue spent: but is the fleet repaired, or debts paid, or stores laid in? All this spent without applying any thing to that use the patents are Sir S. Barnardiston has no malice against on record, and may be seen by any body: the this lord, but if the king be well served, he punishment of one great officer of state, in cares not by whom. He has Articles to pre- such cases as these, is better than any laws sent the house against him for his ill manage- you can make: first, let us settle the king at ment of the treasury, and his arbitrary pre-home, and then let us look abroad: and he cecdings in it. The Speaker. The nature of the Articles must be first opened, before delivered by the orders of the house. Sir S. Barnardiston opens them. They contain many mscarriages in the management of the Treasury. And that he should there say, that a new proclamation is better than an old law, causing a person to be banished that prosecuted, &c. And his arbitrary proceedings in the marriage of his second son to Mrs. Hyde. : Mr. Powle always had, and still has, an unwillingness to accuse great men, it looking like faction; they being more exposed in their actions than other men, are thereby more liable to exception; what he does is out of discharge of his duty here: is not for removing of one man to mend the prospect of another all things are managed in the Exchequer by him by colourable and fictitious practices: the Exchequer constitutions are very excellent; all things managed there must be by persons sworn, and are equally liable to the king's debts, as if persons that acknowledged a statute staple: the checks and controuls there are perpetual evidence of what is done, no money being paid or received, but a record is kept of it: but this Lord Treasurer has removed the money into other hands, that thereby no record may be kept of it: by this means the noney is got into private hands, without record for it in the Exchequer by this means, no enquiry, either for the king or the subject, can be made, what becomes of the money. Formerly the trade crept in by small sums, which made way for greater; but now by whole sums, tallies by anticipation entered; but he has gone farther: such a patent he has obtained for his office as no age yet ever saw, and hopes no future age ever will see. There is a patent granted for the customs, but he passes it to another to keep it in his hands, till his order for disposing of it, the better to invest himself in them. The patent for the excise makes the account to be passed in the Exchequer, or else where. In the preamble of that patent it is said to be done by the advice of the Chancellor of the Exchequer (sir John Duncombe, (who at present is not here) but doubts not he will truly acquaint you whether VOL. IV. : will undertake the proof of these Articles himself rather than they shall go without. Mr. Garroway sees the Charge against the Lord Treasurer wherein he is concerned in several things, viz. The precharging the revenue of the customs with sums of money,' but he that sees what is transmitted to the Exchequer from thence, will not find that Article against the Lord Treaturer so considerable: except some pensions, does not know any thing charged on the Exchequer account, viz. prince Rupert's pension, the bed-chamber men's, and the allowance to the commissioners of the customs. On his cognizance, knows no more: but whether the house will take cognizance of proceedings in the Exchequer, where the Lord Treasurer of England is so trusted, and when he has consulted with the king's counsel in the drawing his patent; will you let no man sit easily in his employments? When you consider his power, he has a vast one by law; and he would see the patents, before you make his actions crimes: when you come to see whe ther this patent was surreptitiously gotten, and whether sir John Duncouibe knows of this patent, then you will be better informed to give your judgments. For that charge of the Lord Treasurer's saying, a new proclamation is better than an old law,' remembers the charge against lord chief justice Keeling about Magna Charta. If interlocutory discourses may be wrested, there is an end of all conversation. For the charge about banishing the man mentioned,' he knows the Lord Treasurer's tenderness so much in bis actions, that when the commissioners of the customs had turned out a man that had an office in the customs, for misdemeanour, they were to justify it before the Lord Treasurer. For the charge of the marriage of his second son to Mrs Hyde, he has heard discourses, but knows nothing of it. If there be any thing in it, it is cognizable at law, and why should we take up the cudgels for another man, without that man's petitioning us about it? If he can have no redress at law, let him come hither: would have the patents seen here, before you proceed any farther. Sir Rd. Temple. In all cases, he has observed the Treasurer to take the best advice he could, and has made the law his rule in all things within his observation. The customs 2 Y were never so little charged as in this Lord | and let the officers of the exchequer compare Treasurer's time. For the other charges against them with former grants: if they be found him, which are not public, we do not the na-legal, shall comply as much as any man tion service in charging these little things, which have more sound than substance: would appoint another day for viewing the patent, and farther examination of the matter. Sir Nich. Carew, Agrees not with Temple's motion for another day, he would not have any criminal made innocent here, nor innocent, criminal: would have the Articles read; one by one, and so receive them or reject them, as they shall be made out. Sir John Coventry has an honour for this great lord, but has it for no man that would alter the governinent: the Articles are new to him, but doubts not but in due tine they will be made good, and that some members will make them every one good. If you find matter in them, punish him, if not, clear him. Lord Cavendish hears few say that the Articles are not a ground of Impeachment against this lord: it may be the first article is doubtful in law. Mr. Vaughan. At the first sight, these Articles are of a high nature: he thinks the persons that have undertaken them, have a hard part to manage, and it has been ill fortune to accuse men in this house, since to accuse is to strengthen court parties: for the Articles read, men must give their opinions of them with their judgments, and must come with all their judgments. Mr. King would take time to consider of these Articles, and not procced bastily upon them he has known great good the Lord | Treasurer has done: he has paid off the navy and army: these Articles are high, and should be well considered of. Earl of Ogle moves to put off the debate for two or three days: is sure that no such thing as is alleged the Lord Treasurer should say about the proclamation, was ever said in the council. Sir Tho. Meres. Here are Articles brought you, and men undertake to prove them. This was thought sufficient to impeach in lord Clarendon's case: but now people are disproving them before they are proved: at this rate, every man will be acquitted that shall be accused: joins with Vaughan's motion, • That whoever is next bring the Articles as these are,' and he will go to the lords bar with them: putting the thing off to another day, is but a bye way to lose time, to destroy it : let the patents be brought hither to-morrow. Sir Courtney Poole speaks to the method of proceeding. This is a great crime, and a great man: supposes that those gentlemen that brought them in, know how to prove them, and are prepared to do it; and that others that are not, may have time to consider of them: moves it. Mr. Powle. Ile bas no intention to engage you in a hasty vote; but he thought these alJeged, great crimes: would have a day appointed to consider, and the patents brought, Mr. Sec. Coventry. Many things must go to the making a man so criminal as fit for notice in this house; they ought to be great. Sometimes a minister of state, in favour, carries things higher than other men have done in their place: would not have the house engaged in that which they may not go fairly off from. Sir Tho. Lee. There must be divers questions before you come to impeachment. He would do nothing to draw an ill precedeut upon this house, for any man's sake. All agree that the impeachment when passed, must be carried to the lords bar, and you are at your liberty for your method of proceeding: members undertake the proof of the Articles, and will not you accept them? Then comes the whole question, Whether upon the proofs you have matter to proceed to impeachment? This way you must go, and have always done, unless you will lose all method of proceeding: the man is equal to him, in all respects. Sir Cha. Harbord. If there be no such thing as these Articles, you give a wrong judgment: he has had the honour to serve the king under seven or eight Lord Treasurers, and by the duty of his place he is to advise with all things relating to the revenue: he has endeavoured all his time to save the Treasury, but sees he cannot do it so far as he has been acquainted with the Lord Treasurer he has not found his understanding defective in it; and has wondered at it, that a young man, and a country gentleman, should understand it so soon. In this business would go as faithfully and as truly as any man as he has charity for the gentleman that brought in these Articles, so he knows many of these things to be otherwise: would have you view the state of the revenue first, and, if proper, then would enter into the merits of the cause: he can disprove many of these things alleged. Mr. Garroway. He thinks it for the interest of the Treasurer that you should proceed in the articles: but would wave that article of the Treasury,' till the patents are viewed, and would have that done to-morrow. Mr. Sec. Williamson. You cannot do a greater right to the Treasurer and your own justice than to proceed: he cannot give his judgment that any of the Articles are criminal, though proved: the proceedings of the Treasury tuust be compared with foriner times: you are not ripe for the thing now; therefore moves for Friday. Sir Cha. Wheeler doubts not but as common fame leads this matter, it will be considered on the right hand as well as on the left: he believes the Treasury will appear as well tomorrow as the navy did the other day: would luse no time: he hears it said that things come to be disproved before they are proved;' when one side says, money is paid,' the other not paid,' no wonder: he believes there is not one penny paid out of the Exchequer, but by order: if commissions have ran, legally and fairly, higher than formerly, if one Lord Treasurer by commission has more power given him by his patent than ordinary, it is not illegal. Sir Edmund Jennings would have no time lost, and is confident that if the noble lord concerned was here present, he would be of that mind: would postpone that first Article, and proceed to the rest, and doubts not but the lord, upon examination of the whole matter, will rather deserve the thanks of the house for his good management of the Treasury, than their accusation. Col. Titus. If the Treasurer has offended, it must be in the male-administration of his place in the revenue, and until you inspect that, would defer the consideration of the Articles. Col. Birch. If any thing had been done amiss in the excise, would have been so faithful a servant to the Treasurer as to have told him of it before he told the house that the Treasury is gone is certain, but as to the Treasurer's being in fault, hopes he will come out purified like gold: if the Treasurer was here present, believes he would not have this business go over: remembers that in lord Clarendon's case, before he gave his consent to impeach him, he would have the Articles proved; and if they are not so now, he will be of the same mind he was of then: would have them read, head by head, and would have some light into them presently. Mr. Sacheverell moves, as to the method of your proceeding: you must first judge whether these Articles are criminal, abstractedly proved, and, though so judged, you must consider, whether they are such as you will pro-¦ ceed upon. Sir Robert Howard. You must consider whether the thing done be that, or no, and those, crimes, or no: then your time is to give judgment, whether the things done are these crimes, or no. the Exchequer, by perverting the method of receipts, payments, and accounts, contrary to law; whereby the king's revenue is put into confusion, and a wasteful way of expence; to the destruction of his majesty's credit; and exposing his majesty's treasure and revenue to private bargains and corruptions; and hath ingrossed into his own hands, the sole power of disposing almost all the king's revenue; laying aside the chancellor and under-treasurer of the Exchequer, and other officers: whereby the usual and safe government of his majesty's affairs relating to his revenue, and all checks and comptrolls are avoided.-II. That, a suit of law being intended about the Marriage of the daughter of sir Tho. Hyde, the said earl caused one Mr. Brandly, a principal witness in the said case, to be arrested by an extraordinary warrant from one of the secretaries of state; and to be kept for some time in close custody, during which time the agents of the said earl did labour the said Mr. B. by threatenings and promises of reward, not to declare the truth: and at midnight he was brought, and examined before his majesty, upon oath; where the said earl was present, and assisting: whereupon the said Mr. B. did, by the means aforesaid, deliver in a testimony, contrary to his own knowledge, and against his conscience; he being then in duress: by which illegal practices his maj. was highly abused, the parties concerned in the said law suit greatly prejudiced, and the truth suppressed, to the manifest ohstruction of justice and all this was done with an intent to procure the said heiress to be married to the second son of the said earl.III. That the earl bath received very great sums of money, besides the ordinary revenue, which have been wastefully spent, and far greater sums than ever issued for secret service, without account; the king's debts remaining unpaid, the stores unfurnished, and the navy unrepaired, to the discredit and bazard of the king and kingdom. IV. That the said earl hath violated the rights and properties of the people, by stopping without authority, their legal payments, due in the exchequer.-V. That though the office of Lord High Treasurer of England is always very full of great and necessary employments, yet the said Mr. Attorney Montagu. Strange that he should be so conversant in the Exchequer, and yet know not the least of this charge: for the patents, they must be seen, and for the charge of the proclamation, &c. no man walks by rule of law in his place more than this lord Trea-earl hath also assumed to himself the managesurer: would have some short time appointed for the proof of the Articles.-After further debate, the house agreed to proceed in the bu siness to-morrow. Articles of Impeachment against the Earl of Danby.] April 27. The Articles against the Lord Treasurer Danby, were this day delivered, more fully drawn up, by sir S. Barnardiston, and were as follows; ment of the Irish affairs, which were in precedent times dispatched always by the secretaries, and passed in council; thereby interrupting the said secretary's office; and neglecting his own; and subtily enabling himself, the better to convert a very great sum of money out of the Irish revenues, to his own private advantage.-VI. That the said earl hath procured great gifts and grants from the crown, whilst under great VII. That about the 4th of Dec. 1674, at the debts, by warrants countersigned by himself A Charge or Impeachment against Thomas earl of Danby, Lord High Treasurer of Eng-hearing of a cause in the Treasury-Chamber, land; containing several Offences, Crimes, and Misdemeanors of a very high nature. I. "That the said earl hath overthrown and violated the ancient course and constitution of some Acts of parliament, now in force, were urged against a Proclamation, and contrary to what his lordship aimed at; whereupon the said earl, in contempt of the law, uttered this great man that would refuse it)-A man that has done ill, that the king might not remove that office to a Parliament man, that has done well, and deserves it: strange that the king should be so confined! No age wherein men were of greater loyalty than this, and now, for a few Parliament men that have offices, to cast a reflection upon the whole assembly! Sir Rob. Holt. This Bill is in direct terms, that no man that serves the king shall be capable of being a Parliament man. Resolved, &c. "That as to the Charge presented against Thomas earl of Danby lord high treasurer of England, this house will proceed head by head; and hear such proofs, instances, and circumstances relating to each Sir Tho. Lee is a great enemy to garbling Article, as are requisite to an Impeachment." the house, as he has heard some say this Bill is. The Impeachment dropped.] On the 27th It only leaves it to a man's choice, to stay and 30th of this month, and the 3rd of May, here, or go home, and that when he has an the house heard severally Evidence and ex-office. There are many changes in 10 or 12 amined Witnessess; and, upon the question put ou each Article, "Whether any fit matter doth appear in the Examination of this Article to impeach the Lord Treasurer?" They were all passed in the negative. Debate on the Bill to incapacitate Parliament-men from taking Places.] April 29. A Bill was read the second time to incapacitate persons from taking any Offices of bencfit, who are Parliament men, during parliament, and if any such persons be chosen, that election to be void. But the borough, or county, may chuse the same person again, and that election stand good. Sir Cha. Wheeler. He supposes 100 persons in this house that would lay down their lives for their country. It may be, some few persons in this house are prisouers in the King's Bench. But this is an extraordinary case: persons that have been with the king in banishment, and they, at the king's return, for want, could not buy places of advantage, whilst other men that staid at home grew rich: would have posts come upon particular men, and let it be laid on every man's door, but rather would have it got upon honour: this Bill is a great reflection upon us all, and, without cause, it creates a perfect incapacity in a man to serve his prince, and country, at one time. After all the inconveniencies he has had these 30 years, thinks he should be highly tempted if he take an office: that gentlemen should have places of 4 or 5,000l. per. ann. and those that have been ruined have none! Why should not those have offices that have suffered, as well as others? Consider the temptations of being disloyal in the late times. The king may be willing to give a man an office (and he is a "Whether the Charge against the Lord Treasurer was held frivolous or malicious, whether sufficient proof was wanting to make it good, or whether he had more friends in the house than his royal master, on examining the foundation, the whole building fell to the ground. It must be owned our lights fail us in this matter. Bp. Burnet contents himself with saying, The majority were for him.' Marvell is express, That he got off by high bribing. Nothing is easier to be said, nothing is harder to be proved." Ralph. years, when a parliament sits so long. Men are altered in some capacity or other. This Bill relates to no man's office now in being: knows not but that Parliament-men may be compelled to be sheriffs; though, indeed, in time of privilege it is true we may not go into the county to attend, yet knows not when in prorogation you may not be compelled to it. For the reason he has heard from Wheeler, this Bill will make the king look that popular names may not be an inducement to chuse officers from hence, and so may not be deceived. Sir Courtney Poole. This Bill is a garbling the parliament, and a new modelling the government, from a monarchy into a commonwealth. Col. Strangways observes that few are in office, that formerly have served the king: neutral persons most. The guards are mercenary, and therefore dangerous. He that has endured all the heat of the day, would have him receive his penny too, but is for no more. Would not have those shut the door after them that have offices. Never was poor prince, nor kingdom, abused as ours is. No mariners paid, and yet those that bought their debentures at 4 and 5s. per pound, presently paid. For the danger he incurs and his service, he deserves an office. (For office of profit he desires none.) As for the office of sheriff, no man will desire it, unless for Yorkshire. Would have all that have offices leave them, and be chosen to them again; and the king have liberty to remove them, and take them again: as that of Parliament-man in this Bill. Mr. Sec. Coventry would willingly quit his office, if it hinders him from serving the king and his country here. Justices of the peace, and the office of deputy-lieutenants require attendance in the country, though those offices are excepted in the Bill. Would not for any office, or place whatsoever, but discharge his conscience here. Some hardships will arise in this Bill upon men: Dimmock, Champion to the king by descent, must not be chosen a parliament man. That any thing should force a man to a new election, that forfeits it not, is very hard; whereas, by parity of reason, if his office incapacitates a man once, it should incapacitate him again. Any man may enter |