:

troubled that the contest was like to be only in that place, and cared not to deny any thing that the duke had accused him of; only wondered, that he should say he had challenged him for words spoken in the house, when he had expressly declared to him, when his grace insisted much upon the privilege of parliament to decline giving him any satisfaction, that he did not question him for any words spoken in parliament, but for words spoken in other places, and for affronts, which he had at other times chosen to bear rather than to disturb 'the company.' He confessed, He had attended in the very place where the duke had done him the honour to promise to meet him; and mentioned some expressions which he had used in designing it, which left the certainty of it not to be doubted.-When they had said as much as they had a mind to, they were both required, as is the custom, to withdraw to several rooms near the house and then the lords entered upon debate of the transgression; many insisting upon the magnitude of the offence, which concerned the honour and safety of the highest tribunal 'in the kingdom, and the liberty and security of every member of the house. That if in any debate any lord exceeded the modest limits prescribed, in any offensive expressions, the house had the power and the practice to restrain and reprehend and imprison the person, according to the quality and degree of the offence; and that no other remedy or examination could be applied to it, even by the king himself. But if it should be in any private man to take exceptions against any words which the house finds no fault with, and to require men to justify with their swords all that they say in discharge of their conscience, and for the good and benefit of their country; there is an end of the privilege of parliament and the freedom of speech: and, therefore, that there could not be too great a punishment inflicted upon this notorious and monstrous offence of the lord Ossory, which concerned every lord in particular, as much as it did the duke of Buckingham; who had carried himself as well as the ill custom and iniquity of the age would admit, and had given no offence to the house, towards which he had always paid all possible respect and reverence.'-They who considered the honour and dignity only of the house, and the ill consequence of such violations as these, which way soever their affections were inclined with reference to their persons, were all of the opinion, That their offences were so near equal that their punishment ought to be equal: for that besides the lord Ossory's denial that be bad made any reflection upon any words spoken in parliament, which was the aggravation of his offence, there was some testimony given to the house by some lords present, that the lord Ossory bad complained of the duke's comportment towards him before those words used in the house by him, of the Irish inter" est or Irish understanding,' and resolved to expostulate with him upon it; so that those

6

words could not be the ground of the quarrel. And it was evident by the duke's own confession and declaration, that he was as ready to fight, and went to the place appointed by himself for encounter; which made the offence equal.' And therefore they moved, that they might be both brought to the bar, and upon their knees receive the sentence of the house for their commitment, the lord Ossory to the Tower, and the Duke to the custody of the Usher of the Black Rod. Which was done accordingly on the 29th of Oct. On the 31st both were brought before the house and released."*

Quarrel between the D. of Buckingham and the Marq. of Dorchester at a Conference.] Dec. 19. Those two lords were no sooner at liberty, but another more untoward outrage happened, that continued the same disturb ance. It happened that upon the debate of the same affair, the Irish Bill, there was a Conference appointed with the commons, in which the duke of Buckingham was a manager; and as they were sitting down in the Painted Charber, which is seldom done in good order, it chanced that the marquis of Dorchester sat next the Duke, between whom there was no good correspondence. The one changing his posture for his own ease, which made the station of the other the more uneasy, they first endeavoured by justling to recover what they had dispossessed each other of, and afterwards fell to direct blows; in which the marquis, who was the lower of the two in stature, and was less active in his limbs, lost his perriwig, and received some rudeness, which nobody imputed to his want of courage, which was ever less questioned than that of the other. The misdemeanor, greater than had ever happened in that place and upon such an occasion, in any age when the least reverence to government was preserved, could not be concealed; but as soon as the Conference was ended, was reported to the house, and both parties heard, who both confessed enough to make them undergo the censure of the house. The duke's friends would fain have justified him, as being provoked by the other; and it was evident their mutual undervaluing each other always disposed them to affect any opportunity to manifest it. But the house sent them both to the Tower; from whence after a few days they were again released together, and such a reconciliation made as after such rencounters is usual, where either party thinks himself beforehand with the other, as the marquis bad much of the duke's hair in his hands to recompence for his pulling off of his perriwig, which he could not reach high enough to do to the other.t

Arguments urged against the Irish Cattle Bill, in the House of Peers.] When all things were thus far quieted, the bill was again entered upon with no less passion for the stock that had been wasted. The arguments which were urged against the Bill for the † p. 378.

* Life, p. 376.

injustice of it were, That they should, without any cause or demerit on their part, or any visible evidence of a benefit that would accrue from it to this kingdom, deprive bis majesty's two other kingdoms of a privilege they had ever been possessed of. That they might as reasonably take away the trade from any one county in England, because it produced some inconvenience to another county more in their favour. That the large counties of Norfolk, Suffolk, Kent, and other provinces, would lose as much by the passing of this act, as the northern and any other counties would gain by it. That those two kingdoms might with the same justice press his majesty's concurrence, that they might have no trade with England, which would bring more Damage to England by much, than it would gain by this act of restraint: and that it was against all the maxims of prudence, to run the danger of a present mischief and damage, as this would produce in Ireland by the testimony of the lord lieutenant and council of that kingdom, only upon the speculation of a future benefit that might accrue, though it were yet only in speculation. These, and many other arguments of this kind, which for the most part were offered by men who had not the least relation to Ireland, made no other impression, than that they were content to leave Scotland out of the Bill; which increased their party against Ireland, and gave little satisfaction to the other, who did not so much value the comInerce with the other kingdom. And this alteration the commons likewise consented to, but with great opposition, since in truth that concession destroyed the foundation upon which the whole fabrick of the Bill was supported. Then the debate fell upon some derogatory Clauses, and Provisos very contrary to his majesty's just prerogative and power (for they made his majesty's own license and warrant of no effect or authority, but liable to be controlled by a constable; nor would perunit the Importation of 3000 beeves, which, by an act of parliament in Ireland, were every year to be delivered at Chester and another port for the provision of the king's house); which in many respects the house generally disliked, and desired, That it might have no other style than had been accustomed in all the penal acts of parliament which were in force, it being to be presumed, that the king would never dispence with any violation of it, except in such cases as the benefit and good of the kingdom required it; which might naturally fall out, if there should happen such a murrain amongst the beasts of that species, as had been these late years amongst horses, which had destroyed so many thousand, that good horses were now hard to be procured. And if the same or the like destruction should fall upon the other cattle, we should have then more complain of the scarcity and the dearness of meat, than we have now of the plenty and cheapness, which was the only grievance now felt, and which kingdom seldom

cause to

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complained of: and in such a case it would be very great pity, that the king should not have power enough to provide for the supply of his subjects, and to prevent a common dearth.'— But this was again opposed with as much passion and violence as had fallen out in any part of the debate; and such rude arguments used against such a power in the king, as if the question were upon, reposing some new trust in him, whereas it was upon divesting him of a trust that was inherent in him from all antiquity: and That it was the same thing to be without the Bill, and not to provide against the king's dispensing with the not obeying it, whose inclinations were well known in this particular; and therefore the effect of them, and of the importunity of the courtiers, must be provided against.' And throughout this discourse there was such a liberty of language made use of, as reflected more upon the king's honour, and indeed upon his whole council. and court, than had been heard in that house, but in a time of rebellion, without very severe reprehension: and it so much offended the house now, that, notwithstanding all the sturdy. opposition, it was resolved that those Clauses and Provisos should be amended in some places, and totally left out in others. And with these Alterations and Amendments it was sent down to the commons."

The Commons adhere to their Bill.] When the Bill was sent to the commons with those Alterations and Amendments, they rejected them all, and voted, That they would adhere to their own Bill without departing from a word of it, except with reference to Scotland,' from which they had receded. And if upon this very unusual return the house of peers had likewise voted, that they too would adhere,' which they might regularly have done, and would have been consented to by the major part of the house if the question had been then put; there had been an end of that Bill. But that must not be suffered: the party that cherished it was too much concerned to let it expire in a deep silence, and were numerous enough to obstruct and defer what they liked not, though not to establish what they desired. Some of them, that is, some who desired that the Bill should pass, though uncorrupted by their passions, did not like the obstinacy of the commons in not departing from some unusual clauses and pretences; yet were not willing to have the like vote for adhering to pass in that house, which it might do when all other remedies should fail; and therefore moved, That a conference might be required in which such reasons might be given as might satisfy them.'. Many conferences, and free conferences, were held, in which the com

mons still maintained their adherence with a wonderful petulance; and those members, who were appointed to manage the conferences, took the liberty to use all those arguments, and the very expressions, which had been used in the

* Life, p. 379.

III. That the said lord M. in March 1664, by letters and otherwise, made sundry uncivil addresses to the daughter of the said William Tayleur; which she rejecting, and threatening to make the said viscount's lady acquainted with them, the said viscount swore, by a most dreadful oath and imprecation, he would persecute her and her family to all eternity.

IV. That on the 23d of Nov. 1665, by order of the said viscount Mordaunt, the said Wm. Tayleur was forcibly and illegally dispossessed, by soldiers, of certain rooms in the Timberyard belonging to the said Castle, without the walls thereof, claimed by the said Wm. Tayleur as belonging to his offices of pay-master and surveyor of the said Castle.

V. That a warrant, obtained from his majesty by untrue suggestions and misinformatons, dated Nov. 30, 1665, but not produced til some months after, upon a Pluries Habeas Corpus, for the restraining of the said Wm. Tayleur from going out of the said Castle, was directed to the said lord M. who, by virtue of his own warrant, not mentioning the said Warrant of his majesty, about the 9th of Dec. following, caused the said Mr. Tayleur to be again forcibly and illegally apprehended and taken into custody, in the said borough of Windsor, without the precincts of the said Castle, by one Rd. Voyle, then marshal of the said Castle, assisted with a file of musketeers, who, by command from the said lord M. carried Lim prisoner into the said Castle, and there continued and illegally detained him prisoner, during the space of 20 weeks, and 5 thereof a close prisoner, not admitting him to go to church though he desired it; and, locking him | up every night, refused to take bail for him, when offered, soon after his imprisonment, whereas his majesty's Warrant was only to restrain him within the Castle; at which time Henry Marten, a traitor, one of the late regicides, then a prisoner there, had liberty to go abroad out of the said Castle without a keeper. VI. That the said lord M. during the said Wm. Tayleur's imprisonment, illegally refused to return and obey an Habeas Corpus brought by the said Mr. Tayleur for his enlargement; and being afterwards served with an Habeas Corpus by Simondson, servant to the said Mr. Tayleur, for his enlargement, the said lord M. in high contempt of his majesty's authority and laws of this realm, gave the said servant reproachfui language, calling him rogue' for des livering the said writ; and saying, that was all the answer he would give to it,' directly refusing to obey the same: and continued the said Mr. Tayleur divers weeks after a prisoner till set at liberty upon a Pluries Habeas Corpus, by his majesty's Court of King's Bench.

VII. That the said Mr. Tayleur, soon after his enlargement, hearing and fearing that he should be again illegally imprisoned by the said lord M. did hereupon make application to his lordship, by his friends, for a reconciliation; who answered them, he would never be reconciled to him;' and threatened to imprison

him again; and then, if he brought another Habeas Corpus, he would imprison him again and again, and keep him prisoner as long as he lived, and likewise turn him out of all his employments and offices, and dispose of them to others as he pleased;' by reason of which threats and menaces, the said Mr. Tayleur was enforced to desert his wife, family, and employments, at the said borough of Windsor, and to obscure himself elsewhere, till this present session of parliament, to prevent future illegal imprisonments by the said viscount. -All and every of which proceedings are contrary to the Great Charter, and other laws and statutes of this realm, and the rights and liberties of all the Commons and Freemen of England; and of dangerous consequence and example, if unredressed. And the said commons by protestation, saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said viscount, and also of replying to the Answer to the said Articles, or any of them, or of offering proof of the premises, or any other Impeachment or Accusations that shall be exbibited by them, as the case shall (according to the course of parliaments) require, do pray, That the said viscount M. may be called to answer the said several Crimes and Misdemeanors, and receive such condign punishment as the same shall deserve; and that such further proceedings may be upon every of them had and used against him as is agreeable to law and justice."

Lord Mordaunt's Answer to the said Articles.] Jan. 17. The lord Mordaunt gave the house humble thanks, for giving him so long time to advise for the putting in his Answer to the Impeachment of the house of commons against him; and, in obedience to their lordships command, now presented his Answer in writing, with a desire that the same may be communicated to the House of Commons. Then the said Answer was read as followeth :

The Humble ANSWER of John lord visc. Mordaunt, constable of his majesty's Castle and Honour of Windsor, to certain ARTICLES of IMPEACHMENT, exhibited against him by the Commons assembled in Parliament, for several High Crimes and Misdemeanors supposed to be committed by him.

"The lord visc. Mordaunt, not being conscious to himself of any malice or purpose of evil to any man alive, nor having had other displeasure against Wm. Tayleur, in the said Articles named, than what arose from his insolent and provoking deportment towards his majesty, in disobeying his warrants and his lordship in the execution of his office (under whose immediate government he is by the offices he holds in Windsor Castle), and from the variety of complaints which have been reiterated to his ldp. by the country against him for his oppression in those offices, and from the manifest abuses by him committed, in

mispending the revenue of the said Castle, and defrauding the artificers, as also clandestinely and fraudulently endeavouring to pass Accompts without controul, which matters are now depending in the courts below at Westminster Hall, accounts it a singular unhappiness, that so worthy a body as the hon. house of commons, for whom his ldp. hath ever had so great respect, should think themselves concerned in that one man's person to accuse him, in their names, and in the names of all the commons of England: and he did well hope that it being offered to that hon. house on his behalf, that he would (with leave from your lordships) be ready to answer Mr. Tayleur in any action at law, and wave his privilege, they would have spared themselves and your lordships the trouble of this examination, and him the misfortune of being accused by them: therefore, praying your lordships that no informality in this his Answer, nor any mistaken word or expression, may be construed to his disadvantage, and saving to himself all privileges and rights belonging to him as a pcer of this realm, and all advantages of exceptions to the insufficiency and informality of the said Impeachment, humbly answers,

To the 1st Article, Which concerns the dispossession of Wm. Tayleur of certain rooms in Windsor Castle, the said lord visc. M. answereth, That he was very ignorant of those faithful services Mr. T. had done to the late king of ever-blessed memory, or of any sufferings upon the account of his loyalty to him; 'which had he known, they would have obliged him to a due consideration of him; and doth affirm he is yet as great a stranger to his merits, as he was at that time to his person; and heartily wishes his obedience and integrity to his maj. that now reigns could have justified that character of him: but, to satisfy your lordships how ill he deserved from his maj. and the lord M. in the matters of this Article, saith, That, in the year 1660, when his maj. was pleased, on his grace and favour, to confer upon him that important trust of Constable and Governor of the Castle of Windsor, he found Mr. T. in possession of that house which belongs to the Chancellor of the Garter; that, the first installation being presently to be solemnized, his maj. was pleased, by his immediate warrant of the 24th Feb. 1660, to command, that within 20 days the possession of that house, in habitable condition, should be delivered to the Chancellor of the Garter; with which Warrant Mr. T. being acquainted, and having perused it, positively refused to remove upon that warrant; but he was advised by the lord M. to consider better of it: how ever, he afterwards returned the same answer, with somewhat more stubbornness; and his wife being importuned by his ldp. to persuade her husband to yield obedience, she said, she would acquaint her husband with it: all those fair ways being essayed, and finding no obedience, rather than suffer his majesty's commands to be disputed by his servant, and con

tumaciously disobeyed in his own house, his Idp. found it necessary, in observance to the said Warrant, to command a serjeant of the garrison, with some few soldiers, to remove his goods and family, yet with all civility imaginable; which they punctually observed, and assisted them in carrying out their goods. As to the affrightment of the child out of its wits, his Idp. cannot think the sight of soldiers in Windsor Castle should have such effect, the child having been seen playing and well after that time of removal, and, as his Idp. is informed, was sick of the worms, and this affrightment never spoken of till this occasion.-The dispossession was indeed by soldiers; the king's commands not being otherwise to be executed there, no sheriff or other civil officer being permitted to come into the king's house and garrison, by order of the place and these were the only causes of this dispossession, and not any concernment in his election to parliament, which is most evident, in that he did stand for burgess, wherein the election was free, and was elected by the commonalty of the town; but his election afterwards was avoided by the house of commons. As to the seizing Mr. T. by soldiers out of the precincts of the Castle, and carrying him into the Castle, without warrant or any lawful cause, his ldp. saith, That the time of his securing was 3 weeks before his election; and that the place where Mr. T. was apprehended, was within the jurisdiction of the Castle (as he taketh it), for that the courts were there held by the said Wm. T. as clerk to the Constable of the Castle, who, being a counsellor at law, would not have kept courts there as bis lordship's deputy, if the same had been out of the Jurisdiction of the said Castle. And his Idp. saith, That he being informed and assured that the said Mr. T. was not a prisoner for debt; and the said Mr. T. having insolently disobeyed his majesty's commands concerning his own house, and spoken several scandalous and opprobrious words against his Idp. and his family, his ldp. did command an officer and some few soldiers to carry him to the guard, where he was detained some few hours, and after set at liberty; and his ldp. denies that any bail was tendered to him for his enlargement and his Idp. being constable and governor of the said Castle (it being then a garrison for the king), and believing that it might be a great encouragement to others to disobey commands, if this insolence were not taken notice of and punished; these were the true causes of his being sent for; and hopes it will not be imputed to him as done arbitrarily, or in contempt of the law, to which he hath always shewn ready obedience, and hath asserted its authority in the worst of times, with the hazard of his life.

To the 2nd Article, he saith, That, as Constable of the said Castle, his ldp, claims to have the disposition of several of those offices in possession of Wm. T. by colour of his patent: but denies any contemptuous words spoken of the king's Great Seal, or otherwise