sir Joseph; which being complained of to us, and confessed by the said sir Joseph, we your majesty's most dutiful subjects, having the immediate consideration before us, of the imminent danger of your majesty's person, the safety whereof is above all things most dear, and likewise the dangers from Popish Plots, so nearly threatening the peace and safety of your majesty's government, and the Protestant Religion, were humbly of opinion, we could not discharge our duty to your majesty and the whole kingdom, without the committing the said sir Joseph; and therefore most humbly desire, That he may not be discharged by your majesty. And we do farther most humbly desire your majesty, to recal all Commissions granted to all Papists within the kingdom of England and Ireland, or any other of your majesty's dominions and territories."

Debate on the Lords Proviso in the Popery Bill, exempting the Duke of York.] Nov. 21. The lords sent down the Bill for disabling Papists to sit in either house of parliament, &c. with some Amendments, and a Proviso, exempting the duke of York from taking the Oaths of Allegiance and Supremacy, and the Declaration, &c.

Sir Rob. Markham. I am glad that the lords have sent us the Bill again, and am not sorry for the Proviso in it, exempting the duke, &c. If the duke's relation to the Crown be considered, there is a difference between him and other subjects, and I move you to pass the Proviso.

Sir John Ernly. This was a salva conscientia to myself. I make a difference betwixt this peer (the duke) and all the rest. The lords have made a great step in this bill, that they have exempted no other persons; and I cannot but say there is great reason why this person should not be comprehended in the common calamity with the rest. If the duke should be banished, or removed (he is out of the king's -councils already) from the king's person, in the circumstances he is in, whether would it be better, to be removed, or continue in the king's eye, to be observed? Foreign aid, we see, has been treating for with the French king by Coleman. If the Jesuitical party should despair, and fall upon any person, I know not the consequence. I fear not what can come to us, if the duke be amongst us. But I think in conscience, that if we banish the Papists, and have the duke under the king's eye, there will be no danger. There is but this one person exempted by the lords, &c. and no great danger of him but what is in your power to remedy.

Sir Winston Churchill. Upon this disadvantage, when I hear so loud a cry, To the Question,' I should not speak, but to discharge my conscience. Though I think not to prevail, when I heard so loud a cry against what I am moving. The lords are so near the government, that they see more than we. They have not so slight stakes as to oversee their game. I think that the monarchy of England

is concerned in this. Consider the consequence, if you reject this Proviso. How far will you force so great a prince to declare? You will give your adversaries great advantage. Suppose the duke takes not the Oaths. All that do not take them, &c. will you make them Papists? There were some at your bar that were Quakers, who would not take them; will you drive all that herd of swine into the sea of Rome at once? If those that sit in parliament must take them, those out of parliament must too. [Aud so he sat down abruptly.]

Sir Ch. Wheeler. I agree to the Proviso. If the duke be in a capacity to sit in the lords house, then the debate you have adjourned, about removing the duke from the king's presence and councils, you cannot proceed in. If the duke remains in the lords house, he cannot singly and solely, on his own vote, stop any bill there, and this very bill has passed that you favoured so much.

Mr. Sec. Coventry. You have the greatest matter before you that ever was in this house. The danger of disturbance of Religion, is one of the most pernicious apprehensions imaginable. If this prince should go into another place, it must cost you a Standing Army to bring him home again. These things to be done upon the heir of the crown were never before. It was in the power of queen Mary to see queen Elizabeth, and of Edward with to see queen Mary. Suppose the king on his death-bed; must he not see the duke, to give any order about the affairs of the kingdom? It is a hardship not to be offered to a condemned person. You are losing this bill, by casting out the lords' Proviso. And these Popish peers sit in the lords' house. You lose that thing too, and it cannot be remedied, and the lords will carry any other provision you shall make against Popery. Deny it to be in the king's power to see his brother, and he him, and the consequence will be fatal.

Sir Edm. Jennings. You have not yet made any steps towards the safety of the kingdom. The head-ach coming from an ill stomach, to cut off the hair and apply oils to the head will do no good, when the way is to cleanse the stomach. It is not removing Popish lords out of the house, nor banishing Priests and Jesuits, nor removing the duke from the king; but it must be removing Papists from the nation.

Sir Allen Apsley. When the house is all of a mind, as to the duke's valour and exposing himself for the honour of the nation, we can not, without ingratitude, throw out this Provisa

Sir John Hanmer. If you throw out this Proviso, you endanger the nation. You know what you have done in rejecting the duke's servants. You had better impeach the duke than throw out this Proviso, and take him from his brother. Keep him here, and you may breathe the wholsome doctrines of the Church of England into him.

Sir Jonathan Trelawney. The consequences may be so fatal, if you throw out this Proviso, that I am for agreeing with the lords in it. The

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 Trelawney 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 saw what I did see. There was such a case 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.' 'No,' said I, I never was for that.' And Ash 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. 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 preservation of the peace of your councils. If you put up this, and make not an example, you do not justice to yourselves.

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

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, true. 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

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

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

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

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

it may go farther. Private persons must not wound all the commons of England. I leave it to you.

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

the house.

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

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

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

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

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

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

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

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

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

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

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

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