House; or of the House, in public. As the pardon is asked publicly, you should forgive publicly. He is a perfect man that can bridle his tongue, and he that speaks much must sometimes repent it.

Mr. Manley stood up.

Sir Arthur Haslerigge, underhand, said, 'Another lawyer.' Mr. Lechmere took exception to this, and said, 'It is a reflection.'

Sir Arthur Haslerigge. I spoke it for no reflection; but out of a desire to hear any of the Long Robe speak, which I would at any time sit down to hear.

Mr. Manley. Major Audley was a civil gentleman when he quartered at my house. His confession was ingenuous at the bar. If you please, pass by the business.

Sir Arthur Haslerigge. The complaint is exceeding worthy your hearing. Many gallant young gentlemen, I see, in this House, who may be here when I am gone. I would not have the blood stick on your chair. I think the acknowledgment is not sufficient. I would fain read the proverb well. "Not right pity, spoils the city." If one member of this House should challenge another, I hope he would be turned out and sent to the Tower.

A competition about an election! It is said the information is not well proved. A challenge may be whispered. The law favours passion, as in the case of manslaughter; but the manslayer goes not without punishment. In the case of Mr. Holford, he kneeled at the bar, for one word, and was sent to the Tower, and you can do no less than send this gentleman to the Tower. I have no end but your own honour, and to prevent the fall of some young gentlemen in this House. If the challenge were true, I should disable him for sitting in this House.

Sir William D'Oyley. The charge is not made out. I would have it referred to a Committee.

Mr. Steward. His confession did rather imply an ingenuity than a guilt. His calling him aside was not to challenge; but

See supra, p. 15, ad fin.

lest their follies should be conspicuous.

laid aside.

I would have it

Mr. Bulkeley. You cannot so easily lay it aside. This person has put his hand to the plough and drawn it back, He was in holy orders. The question is, whether you will believe a member, or a stranger. I shall put a very great difference between the testimony of the one; and the other, that has forsaken his profession. I heard a gentleman of this House say he heard him say, "Let us step to the other side an hedge, and that will decide the controversy." This tends to blood. It comes regularly before you to vindicate this gentleman. He that dares do least in this way, dares do most in another way. When justice is done, I shall be as much for mercy as any man. A gentleman heard him say more. Mr. Solicitor-General. I move that those gentlemen that spoke the last day may be heard, and their evidence.

Mr. Wharton. I was passing through the hall, and heard Major Audley say, Mr. Bish was an unworthy fellow, and that he did not challenge him, but if he would go the other side of an hedge, that would determine it.

Mr. Bish repeated the same story as before; saying, "I told him he was an uncivil man, which was all I said."

Sir John Lenthall. Wherever an injury is done to any member, it is done to the whole. I would have him as highly punished as any man that has offended in this nature. He is a man that when authority was in his hands did very much oppress the country.

Major-General Kelsey. I would have no aggravation. He is a scholar, and might at first exercise as a minister. It is not unchristian to do so. When a man finds himself unfit, it is christian to forbear the calling, rather than to be unprofitable. I have acted in that country, and never heard him called an oppressor before.

He apprehended himself to stand in an equal capacity, and ill language did flow from both. It is an offence in its own nature, but I would have all circumstances taken in, to pass a right judgment. I would have it referred to a Committee to have the true state of the case laid before you, erg you pass judgment.

Mr. Raleigh. I would have Mr. Sturges heard, that is most concerned in the business. I never heard him said to be an oppressor of his country. He was not returned.

Mr. Sturges. I intended not to have troubled the House with it, but that a member advised me to it for the conservation of your privileges.

He repeated the same story that he did the other day, and said he would not misinform the House.

Serjeant Maynard. If any member did inform you of any thing, it was never your use to refer it to a Committee. I would have nothing laid in his dish of what he has done, otherwise. It needs no aggravation. It is a challenge. Do justice boldly. Vindicate your privileges, lest from twenty you come to twelve.

Mr. Solicitor-General. He was in passion. He then might well forget what he said. It is clearly a challenge, and if you go no further than to send him to the Tower, you are merciful.

Mr.

You will do him a courtesy to send him to the Tower. He has a house, and a great office there.

Mr. Knightley. I would not have him go thither, for exorbitant fees; but, sent to some prison in Surrey. I would have him disabled from bearing office.

Sir Richard Temple. I shall not speak to the matter, but to the manner of his punishment. You will not think it fit to send him to any other place than the Tower. I have heard much of his ill deportment. I would have him disabled from all office, civil and military. He has forfeited his mercy by disproving his ingenuity.

Colonel Okey. I have marched with him several years, and never saw or heard any thing against him.

Mr. Hungerford. This needs no aggravation. The place is too good. You sent Sir John Stowell to the Gatehouse. I would have him sent thither. I am not of that gentleman's opinion that said he might draw back from his profession.

Mr. Starkey. The Tower is too honourable for an ordinary offender. I would have him in the Serjeant's custody,

where he will appoint him; which will exercise his purse as well as his patience.

Lord Lambert. I move that the gentlemen concerned may withdraw.

Mr. Bulkeley. Those gentlemen are not before you as objects of your justice, so ought not to withdraw.

Mr. Trenchard. The gentlemen ought, in modesty, to withdraw, though there be no question upon it.

Sir William Wheeler. I would have him sent to the Gatehouse.

Captain Baynes. It is not usual for gentlemen concerned to press a business after the person have so ingenuously acknowledged. I would have his punishment put off till the question about the election be determined, lest you punish the people as well as him; and let him, in the meantime, remain in the Serjeant's custody.

Sir Arthur Haslerigge. I would have the Tower his prison, as most honourable for this House; and the second question to be, to disable him from sitting in this House; for I must ever be tender of your privileges.

Mr. Turner. You have testimony from three witnesses, where one is sufficient. Nay, pro bono publico, a man's self may be witness in an indictment where no damages are given. There is misericordia princeps. It is not justice to yourself. You are the great conservators of the peace. I move that he be put out of the Commission of the Peace,* for he has apparently broken his trust.

Lord Lambert. He has done you good service. I am witness of it. It does not amount to a challenge. It is a coarse business; scurvy language; a thing in itself less ingenuous than a challenge. I would not have you exercise the utmost severity to an old servant of yours. I would have him only sent to the Tower. Sir John Stowell: he was long in arms against you.

Mr. Eyre. I desire not to add affliction to misery; but I conceive it was not improperly moved you by Mr. Turner

* For the county of Surrey." Journals.

that he be put out of the Commission of the Peace. He is a judge of challenges; and though it be not a challenge, yet it is a provocation. The true valour of fortitude consists not in passion. He may be fit for the military commission, though not for the peace.

Mr. Raleigh. This gentleman is my countryman. I never knew him do any thing on the bench unworthy. I think your punishment is great enough, without addition.

Mr. Henley. The offence is heinous. That he is a servant to the Commonwealth makes his offence the greater. It is against his duty and his trust. Especially, as an officer, he ought to give the better example. Great men commit things with a hundred hands. A little star may twinkle in and out, but an eclipse of the great luminaries is more conspicuous. I would have him, at least, turned out of the Commission; and that you would be so tender of your privileges, and bear such testimony against all offenders of this kind, as to let them know they kick against the pricks.

Mr. Hungerford. Leave it to the Lords Commissioners, upon your sense, to put him out of the peace, if you please. Nemo bis punietur pro uno delicto. I think it but fit to be done; but not by you, and let the other punishment suffice.

Mr. Grove. It is little enough to put him out of the Commission of the Peace. How can he make others keep the peace that is in such a high measure a breaker of it himself?

Colonel Okey. I am loth to trouble you again on this business. I am sorry to see those reflections, that he is fitter to be a soldier than a Justice of Peace. I see it will be a crime to be an army man. Is the expense of our blood nothing? The Long Robe are very (but this he said underhand.)

Mr. Chaloner. The punishment is enough.

Mr. Gewen. The punishment must be proportionable to the offence, in terrorem, to hear and fear. I would have him put out of the Commission of the Peace.

Mr. Bulkeley. This seems more necessary than any other