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,' inoves, that he may be removed from the king and his employments,' and that an Impeachment be drawn against him. Sir S. Barnardiston has no malice against this lord, but if the king be well served, he cares not by whom. He has Articles to present the house against him for his ill management of the treasury, and his arbitrary proceedings 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. 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 on record, and may be seen by any body: the punishment of one great officer of state, in such cases as these, is better than any laws you can make: first, let us settle the king at home, and then let us look abroad: and be 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 Mr. Powle always had, and still has, an un- allowance to the commissioners of the customs. willingness to accuse great men, it looking like On his cognizance, knows no more: but whefaction; they being more exposed in their ther the house will take cognizance of proceedactions than other men, are thereby more ings in the Exchequer, where the Lord Trealiable to exception; what he does is out of dis- surer of England is so trusted, and when he charge of his duty here: is not for removing of has consulted with the king's counsel in the one man to mend the prospect of another all drawing his patent; will you let no man sit things are managed in the Exchequer by him easily in his employments? When you consider by colourable and fictitious practices: the Ex- his power, he has a vast one by law: and he chequer constitutions are very excellent; all would see the patents, before you make his things managed there must be by persons actions crimes: when you come to see whesworn, and are equally liable to the king's ther this patent was surreptitiously gotten, and debts, as if persons that acknowledged a sta- whether sir John Duncombe knows of this patute staple: the checks and controuls there are tent, then you will be better informed to give perpetual evidence of what is done, no money your judgments. For that charge of the Lord being paid or received, but a record is kept of Treasurer's saying, a new proclamation is it: but this Lord Treasurer has removed the better than an old law,' remembers the charge money into other hands, that thereby no re- against lord chief justice Keeling about Magna cord may be kept of it: by this means the Charta. If interlocutory discourses may be money is got into private bands, without re-wrested, there is an end of all conversation. cord 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. : For the charge about banishing the man mentioned,' he knows the Lord Treasurer's tenderness so much in his 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 lyde,' 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. 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, carSir Nich. Carew. Agrees not with Temple's ries things higher than other men have done motion for another day, he would not have any in their place: would not have the house encriminal made innocent here, nor innoceut,gaged in that which they may not go fairly off 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 government: the Articles are new to him, but doubts not but in due time 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 liard 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 proceed hastily 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. from. Sir Tho. Lee. There must be divers questions before you come to impeachment. He would do nothing to draw an ill precedent 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 bis 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 inerits 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. 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 Mr. Sec. Williamson. You cannot do a whoever is next bring the Articles as these are,' greater right to the Treasurer and your own and he will go to the lords bar with them: justice than to proceed: he cannot give his putting the thing off to another day, is but a judgment that any of the Articles are criminal, bye way to lose time, to destroy it : let the pa-though proved: the proceedings of the Treatents be brought hither to-morrow. sury must be compared with former times: you are not ripe for the thing now; therefore moves for Friday. 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. He has no intention to engage you in a hasty vote; but he thought these alleged, great crimes: would have a day appointed to consider, and the patents brought, 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 lose 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. 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 Treasurer: 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: 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 obstruction 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 hath 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 uurepaired, to the discredit and hazard 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 earl bath also assumed to himself the management 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 kiug 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! arbitrary expression, That a new Proclamation is better than an old Act;' several of his majesty's subjects being present: and, upon his lordship's report to the privy council, the person in question, being a foreigner, and not obeying such proclamation, but pursuing his right at law, was banished the kingdom." Resolved, &c." That as to the Charge preScated against Thomas earl of Danby lord Sir Rob, Holt. This Bill is in direct terms, high treasurer of England, this house will pro- that no man that serves the king shall be caceed head by head; and bear such proofs, in-pable of being a Parliament man. stances, 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 on each Article, "Whether any fit matterdoth 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 benefit, 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. 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. 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 prisoners in the King's Col. Strangways observes that few are in Bench. But this is an extraordinary case: office, that formerly have served the king: persons that have been with the king in banish-neutral persons most. The guards are merce ment, 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 Bilks 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 bring. Nothing is easier to be said, nothing is harder to be proved." Ralph. nary, and therefore dangerous. He that bas 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 be 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 hi berty 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 atten dance in the country, though those offices are excepted in the Bill. Would not for any office, or place whatsoever, but discharge his couscience 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, it his office incapacitates a man once, it should incapacitate him again. Any man may enter into a bond to his corporation, of 1,000l. when he takes an office, after being chosen Parliament-man, to be torfeited. Is not your mace frequently sent for the gentlemen of the long robe, into the Hall to attend your service? You are pleased to make use of the privy counsellors to carry your messages to the king. Formerly they had cushions to sit on, but were thrown out of doors, and must they be thrown out of doors too? This Bill is not consistent with the government, and he would lay it by. Mr. Vaughan. Though we are loyal, yet there have been parties in the parliaments, court, and country; and, in many things, have desired to advise with their country, before they give consent. Men have varied in their | principles, and it is natural for men to do so. Where an office is inconsistent with the service of the country in the person that has it, it is reasonable that place should chuse another person, and where that place has no jealousy to think they shall not be well served, it is for the honour of the person to be chosen again. Moves for commitment of the bill. Serj. Maynard. If you make a law against such bribes as are given to come into a place to serve here, you would do full as much as by this bill. be, his corporation would not chuse him again because he has no office, that another may serve them better: consider what may be the consequence. If qualifications change-and not only absence may make us ignorant of the affairs of the place we serve for, but our presence here may do it to the office also. Edicts may meet with a stop in the parliament of Paris, in their verification, but seldom a defeat. This case, without this bill, may be so here. In 13 Edw. iii, a writ was prayed that none of that parliament should be viscount, (sheriff) or other minister, and so it went out. Here is no injury to the person by this bill; if he have no mind to the penalty of being chosen again, if he have an office, he may chuse what he will do. Whatsoever fate you give the bill, he does highly acquiesce in your judgment, and believes, if the bill does not pass, it may revive in future parliaments. Sir Henry Ford. We find, by experience, that offices may be hurtful in parliament-time, but we find that popularity has done much more hurt. Mr. Finch. Those, possibly, may speak to the sense, though not the acceptation of the house: the consequence of this bill is, that the service of the crown is incompatible with that here; when you consider a man so that he has betrayed one trust, to accept of another, he will come to his corporation, to be chosen Col. Titus. Never had any place at court, but what he has had these 25 years. Weighing all circumstances, he is against comunit-again with an ill grace. We are not to pull ment of the bill: there are reasons against the right of the subject: no reason why any man, but a fool or a knave, should be incapacitated to sit here. This is some invasion of the king's prerogative. If the king thinks a man qualitied for an office, that is as much as to say You will not trust him that the country trusts. You may hereby put the king upon a necessity of putting unit men into offices. Suppose an admiral at sea, either this man must not go to sea, or you turn him out for serving his Country. These splendid aud extraordinary things never yet did good. After the Long Parliament had passed the Self-denying Ordinance, they never did deny themselves any thing. feathers thus from the king. There was a time when we had wages for our service in parliament. If no suspicion upon a man then, why must an officer be suspected now that he gets by it? If thought necessary that he should have an estate that is chosen a parliament-man, by increasing it he is the better qualified; having the better stake, and the more reason to support his property. In that writ mentioned of Edw. iii. there is a clause, that no lawyer should be chosen a parliament man.' The character of that parliament was, Indoctum Parliamentuin.' And lord Coke observes, 'that not one good law was made in that parliament.' And if we should now say no lawyer, nor officer, should be a parliament-man, Sir Wm. Coventry differs from sir Thomas it is in effect to say, no person that understands Meres in his motion for adjourning the debate. the business of the nation shall be. For busiThe hand that did it (himself) will stand, withness of the country, gentlemen may have expeall submission, to the judgment of the house in its determination, with the same heart he brought it in with. The Bill does not provide that great officers shall not serve the king. Those that have offices may be the safer in them, and those that have no places shall not get them from them that have. The old way was, men were chosen into parliament, after they had been privy counsellors, and hopes so still, to be the better able to serve the country, and place they are chosen for. You are told it is hard for an admiral;' and that the Bill is not large enough for the militia officers,' which may be answered: and all the others are no objections for throwing out the bill.jected, 145 to 113. We have served here a great while, and, it may rience, but for affairs of state they must be informed from officers of state-Self-denial, is not so plausible an argument for this bill. If the king knows not able men here, where shall he send, hue and cry, after them in the country? The consequence will be, you must have all officers of State out of the Lords house. Sir Wm. Coventry sees that the sense of the house is against the Bill; and whether rejected' or not ingrossed' be the question, is indifferent; but the country would think better of it, if the question were not ingrossed' than rejected.'-The Bill on a division was re May 5. Resolved, "That an Address bo |