sistant to the officer of excise for the district of Towcester. His fears and apprehensions again returned for his wife, children, and property, and they soon appeared to be well founded, for he had a fine colt lamed by the malicious means employed by Langstaff, who prevailed on the farrier, who shod him, to drive two nails up the quick or frog of two of his feet, so as to render him quite useless. On this ground he had the villain taken up on suspicion, and brought before two justices, but through the interference of Smyth, the noble duke's huntsman, who made use of the noble duke's name, the fellow was let to go at large. Under such a distress of mind, in continual fear for his wife and children, for himself and his property, and finding no redress nor prospect of redress, so long as the fellow continued to be thus so powerfully supported, he was led to take the steps he did, and though now he was ready to give his honour to take no further notice of what had happened, so far as the same respected the noble duke, he looked upon it that he had no right to pay any great degree of credit to what had passed, nor could he say but he had strong motives of resentment, which had only been suspended, not subsided, when, instead of a satisfactory declaration from the noble duke, he referred him to a written explanation to be given by his huntsman. He received the letter alluded to by the noble duke from Smyth, which he would read; but taking all the circumstances, and considering them together, he had no right to be pleased, and he was now enabled to see to the bottom of the whole, and see clearly where the matter originated. Smyth was his grace's huntsman, and in his intimacy he procured the place for Langstaff, and rode about the country with him, giving him his countenance, and reporting that he was protected by the noble duke. Mr. Stonehewer was the person who procured him the place, and the matter was every way clear in itself. His lordship here read Mr. Smyth's explanatory letter, dated Euston, in part, and after he had proceeded, handed it to the clerk, observing, that it was such a heap of nonsense and ignorance that he could not bear to read it. The letter stated that several persons in the neighbourhood had applied to him (Smyth) to endeavour to procure for Langstaff a place in the excise; that in consequence of this application he recommended him to Mr. Stone hewer, one of the commissioners of excise, who sent down an order to have him instructed preparatory to his appointment; in consequence of which the excise officer of Towcester, it being the next place to his residence, had orders to instruct him; that as to the apprehensions of Langstaff's remaining there, they were totally unfounded, for having wrote to the supervisor of excise, he assured him that it was a rule never to appoint a man to a district where he was instructed, nor in the county where he was born; and as to what passed before the justices on the apprehension of Langstaff, he was discharged merely because an affidavit was made by a person that the night his lordship's colt was so cruelly treated, Langstaff slept in his house. This letter being read, his lordship reiterated several of his former arguments, pleaded his well-founded apprehensions of the diabolical intentions of Langstaff against his family, spoke much of his weakness, and the means that had been made use of to prejudice the public against him, and submitted to their lordships, whether, under such a load of obloquy, oppression, provocation, and ill-treatment, he had not great cause of resentment. His lordship concluded with declaring upon his honour, "That having obtained the information he wanted, he would not pursue his revenge against the duke of Grafton any further." The Lord Chancellor rose and said, in point of form, as well as he had been able to make himself master of precedent, the next proceeding of the House should be to desire the duke and the earl to withdraw, while their lordships debated what measures it was proper for the House to pursue, in consequence of what they had just heard. One of the lords calling out," let them withdraw to separate rooms," and another, "not the duke of Grafton." The Earl of Pomfret rose somewhat agitated, and said he hoped the other lord was to withdraw as well as himself; but that he did not understand what was meant by locking them up in separate rooms. To treat their own members thus, was a great indignity. Besides, he had just pledged his honour to the House, to pursue his revenge no farther; the duke's life therefore was as safe in his hands, as in those of any one of their lordships. He appealed to lord Amherst, as a general officer, and a judge of the rules of honour. Lord Amherst made no reply, and the Lord Chancellor putting the question, "that they should both retire, and be put into separate rooms," it was ordered. The Lord Chancellor then reminded their lordships of what had passed, and called upon them to come to some resolutions, such as to the wisdom of the House should seem most proper to the occasion. After a short silence, Lord Camden rose and said, after the very full and explicit manner in which the noble duke had explained his conduct, and, he was satisfied, had convinced the Ilouse, of his entire innocence of the charge urged against him by the earl of Pomfret, he had expected that the earl would have begun his address with acknowledging, in the amplest expressions, his error and misapprehension, and after atoning unreservedly to the noble duke, for the trouble and alarm he had given him, would have thrown himself upon their lordships' goodness for not proceeding farther in the business; instead of this, in the course of his speech, the earl had given him very great pain and anxiety, dreading that there was yet serious cause of apprehension of danger. Though the noble earl had said, he would pursue the matter no further, it could not have escaped their lordships' observation, with what warmth the earl had dwelt upon parts of his story, how much he appeared, as it were, to be enraptured with it, and afforded repeated cause for suspicion that the flame would burst forth afresh; it behoved the House therefore to proceed with great caution and prudence in the business. His lordship further said he got up with no view to propose any specific resolution, but merely to take the sense of the House upon what they had just heard, and to state to them whad had been the customary proceeding of their lordships in such cases, according to the precedents upon the journals; there were, he said, two cases, there entered, both of very old date, though a lawyer by profession, he did not pretend to understand the laws of honour; he would therefore state the first of the two cases, which was that of a challenge sent by the earl of Middlesex to the earl of Bridgewater, in consequence of a misapprehension of the former, that the latter was concerned in carrying off his niece. That challenge reached the ears of the king, who referred it to a certain number of lords, for enquiry and adjustment, but they not succeeding, two more were added on each side, to re-enquire, and contribute their assistance in endeavouring to put an amicable issue to the business, but their efforts proving equally fruitless, the king referred it to the earl marshal, who drew up a certain sentence to be subscribed by each earl: when this was done, the king sent for both the lords, and called upon them to subscribe to the sentence; the earl of Bridgewater complied, but the earl of Middlesex refusing, it gave the king great offence, and his majesty then referred it to the House of Lords, in order that they might enforce obedience, and punish the uncomplying earl. The House proceeded upon it, and having first enquired into it fully, brought them both upon their knees as delinquents to the bar, committed the earl of Middlesex to the Tower for having sent the challenge, and the earl of Bridgewater to the custody of the gentleman usher of the Black Rod, for having accepted it, nor would they release the earl, till he had formally, in words settled previously by the House, begged pardon of the earl of Bridgewater, made submission to the king and to the House, and received a severe reprehension from the Speaker. The earl of Bridgewater also received a censure, and was obliged to ask pardon of the king. Having mentioned the whole of this precedent, his lordship moved that the clerk should read it at large, as entered on the journals. [It was done accordingly; the case happened in the session of 1663.-The case of lord Granville and lord Keveton, which happened in 1690, was also read. In that case it appeared that they were both ordered to the bar. That lord Keveton evaded the summons till after the House had made an order, authorising their messengers to enter and break open any house in which they suspected lord Keveton was secreted, taking with them a peace officer. When they were both at the bar, the House made them mutually and individually pledge their honours that the quarrel should proceed no further.] These precedents being read, the noble lord said, that neither of them exactly hit the present case, but the House had it in their power to form their resolutions upon it agreeably to either; he should make no specific proposal. The noble earl had already pledged his honour that the matter should go no further. Their lordships must judge for themselves, whether they thought that was sufficient, or whether the offence done to their own dignity did not call for further notice, and The House remaining silent a second or two, possibly might render it proper to follow | neither of the precedents which had been the precedent of 1663, and commit the read, in his idea, came near the present earl till they had determined further. case: that in his mind this was entirely a With regard to the duke of Grafton, his new case, such as had never occurred begrace must stand clearly acquitted of hav- fore, and therefore must be proceeded ing offended the House, and it was a doubt upon out of the usual course. This was with him whether they had not already not a case of honour. Honour was not gone a step too far, in ordering the duke the pretence upon which the challenge to withdraw. had been sent. Their lordships must all have perceived that there was something else, something of a very different nature lurking at the bottom of it. The whole of the earl's speech confirmed this, and though when the earl was quite cool, he did not believe there was one lord present, who was more rigidly a man of honour, or would more religiously observe his pledge of honour; he could not but express his doubts, whether such an assurance now, when the earl was obviously greatly agitated, was any security to the duke of Grafton. He remarked that parliament had lately taken great pains that men, whose imaginations were so unsettled as those of the unfortunate earl, should not injure their heirs, or deprive them of their inheritance. The law had taken particular care of the unhappy persons themselves, and for their families; but it had taken no care of the public at large, and not only the noble duke, whose treatment and danger their lordships had that day been made acquainted with, but every individual held his life at their mercy. It became the House therefore, if it had any such power, or the noble and learned lord on the woolsack, or the judges, or wherever the constitution had lodged the power, to take some step for the security of the public; such men ought not to be at liberty. The Lord Chancellor left the woolsack, and said, merely that a matter of so much importance to the dignity of the House might not stop in its course, he had made himself as well master of precedents as he was able, and, with the permission of their lordships, and subject to their controul, had suggested what was the first necessary proceedings, but he should feel himself extremely aukward, if it were still left to him to suggest what was proper to do further, because he thought it highly unbecoming the situation he filled, for him to point out what the House ought to resolve. At the same time he should be extremely sorry that the matter should fall so miserably short of its proper termination as to end there. Their lordships were now in possession of all the facts, and it was the time to come to some resolutions upon them; what those resolutions ought to be, it was not for him to declare. He would with great submission remind their lordships of the present stage of the business, and state the two obvious courses for the House to pursue, leaving it to their lordships to adopt which they thought most consistent with the gravity of their proceedings, and most due to their own dignity. The Lord Chancellor then stated, The Marquis of Carmarthen, after a pathat the carl had been proved by the let-thetic introduction, lamenting the whole ters produced, and by his own confession, of the unfortunate business, and paying to have committed a crime in sending a the highest compliments to the earl's inchallenge to a member of that House, which tegrity, were he perfectly collected, obwas not only an insult to the dignity of that served in a series of very apposite remarks, House, but a matter tending to the violation that there was great danger in the earl's of the law of the land, and a breach of the being suffered to be at large, and therepeace of the kingdom. Their lordships fore moved, "That George earl of Pomwere to consider whether what the earl fret, having sent a challenge to the duke of had said, was a sufficient assurance of his Grafton, hath been guilty of a high confuture preservation of the peace, and a sa- tempt of this House." This was put and tisfaction to the House for what had al- carried. It was then ordered, That the ready passed, or whether it ought or ought said earl for his said offence be committed not to be followed by censure at the bar, to the Tower. Then the earl of Pomfret or both by that and punishment, of the was called to the bar, and after he had proceedings in either of which cases, the kneeled as a delinquent, the Lord ChanLord Chancellor minutely informed the cellor pronounced to him the said order. His lordship bowed and retired, attended by the Black Rod. The marquis of Carmar House. The Marquis of Rockingham said, that t then then moved, "That the behaviour of his grace the duke of Grafton throughout the whole of this affair, hath been highly laudable and meritorious, consistent with the character and feelings of a man of honour, and the dignity of a peer of this House;" which was agreed to. Nov. 15. The Earl of Pomfret having presented a Petition, the order of the day was read for taking the same into consideration. The Petition was read: "Humbly shewing; That your petitioner hath, ever since he fell into the displeasure of this honourable House, been highly afflicted, that he should upon any account whatsoever deserve to be separated from that House, of whith he hath the honour to be a member. That your petitioner doth in all humility acknowledge his offences, and your justice in all that you have ordered concerning him. May it therefore please your lordships to take into your most honourable considerations, the deep sense your petitioner hath, that he hath justly deserved the displeasure of your lordships, and doth most humbly implore the grace and favour of this honourable House, in pardoning his offences, and restoring him to their good opinion, and the effects of it." The Marquis of Carmarthen then moved, 1. "That the earl of Pomfret do have the reprehension of this House, for his offence committed against this House, to be given him at the bar standing. 2. That his lordship do make his humble submission to this House standing in his place. 3. That he do promise upon his honour to pursue no further any measures of violence or resentment against any persons who may have been the objects thereof." These several questions were put and agreed to. Nov. 16. The Marquis of Carmarthen, as chairman of the committee of privileges, to whom the consideration of the earl of Pomfret's petition was referred, rose and read the report of the said committee. It was in substance as follows: That the earl of Pomfret be brought up to the bar, as the next day, in the custody of the lieutenant of the Tower; that, standing at the bar, he be acquainted with the proceedings had in his lordship's absence, and be reprimanded, in terms expressive of the sense the House conceive of the breach of privilege he had been guilty of, and the high insult given to the dignity of that [VOL. XXI.] House by his lordship, in sending letters to the duke of Grafton, containing a challenge to fight, and couched in terms of abuse and personal reproach, unfit to be sent to any member of that House. Likewise acquaint the noble earl, that their lordships had remitted the punishment, justly due to so high an offence, aggravated as it was, by all the circumstances which accompanied it, on account of the humble petition presented to the House by his lordship, containing an acknowledgment of his said offence, and expressing a sorrow for his having done any thing which could have brought upon him the displeasure of their lordships. The report further stated, that it would be expected, that the noble earl should acknowledge, that the resentments conceived by him against the noble duke, had been founded in the mistaken apprehension of an affront, which, he was convinced, the noble duke did not offer; and finally declare, upon his honour, that all his former resentments and suspicions were at an end; and that they should cease, as well in respect of the noble duke against whom they appeared to be chiefly directed, as the several other persons who had been objects of them. Nov. 17. The Earl of Pomfret being brought to the bar, The Lord Chancellor spoke as follows: My lord; the House has commanded me to express the just offence and displeasure which the Lords have conceived, at the heinous insult which you have committed upon the dignity and privilege of this House, in the person of a peer, by sending to the duke of Grafton the letters which have been read; wherein are contained expressions most unworthy and unfit to be used by a person of honour, unto a persón of the like quality: and I am further commanded, by order of this House, to give you this solemn and severe reprimand for the same. But in consideration of the submission contained in the humble petition, which you presented to this House on Monday last, the Lords are content to remit your further punishment, upon your making such acknowledgment and submission to the House, and entering solemnly, and upon your honour, into such engagement as this House hath thought fit to order, and prescribe for that purpose. The Earl of Pomfret being then taken from the bar, and admitted to his seat in the body of the House, spoke as follows: "My lords: I feel the most sincere [3 K] His lordship was then discharged out of custody. concern at having merited the displeasure | to poll at, and the other for Yeo and Holof your lordships, by sending to the duke royd. Many constables sworn to keep of Grafton, a peer of this House, those the peace: posts and rails erected for rash and unadvised letters which have separating the voters on each side and progiven your lordships so much and so just tecting them to poll. But the said rioters offence, for which I most humbly ask again assembled on Monday morning, cut pardon of this most honourable House: and broke down the said posts and rails, they were dictated by the suspicion of an and carried them away; and during the affront, which I am now convinced his poll obstructed the petitioners' voters from grace did not offer. I do here promise polling, and committed the like violences solemnly, and upon my honour, that I as on the 9th, so that only 21 voters could will not further pursue any measure of poll. 4. Said poll being adjourned till violence against the person of the duke the next day, on the morning of the same of Grafton, or against any other person, several hundred voters for the petitioners upon the account of such suspicion, or of being peaceably assembled at that end of any thing that hath passed upon this oc- the booth appointed by the sheriffs for casion." them to be polled at, leaving open the other end, a great mob of colliers and other rioters, with many hundreds of their voters, came up to that part of the booth where the petitioners' voters were standing, and then and there dragged by the hair of the head, stripped, beat, and cruelly tore and bruised many of the petitioners' voters, and drove the rest from the said poll; would not permit them to give their votes, so that three only polled that day. 5. Said rioters being determined that the petitioners' voters should not come up to the poll, they assembled in the night time continually afterwards, and took possession of the booth, and kept the same until the time of polling the next day. Obstructed all the avenues to the place of polling, violently drove back the sheriffs, magistrates, and peace officers, whenever they attempted to open access for said voters; took the staves from the constables and broke them; same violences continued from day to day till the 18th inclusive. 6. Previous to the day of election, and during the poll, the petitioners and the other candidates were called upon to poll by tallies, to prevent riot and confusion at the election. Agreed to by the petitioners, but refused by Yeo and Holroyd. Petitioners allowed to keep their majority of 27, and to poll at different ends of the booth, to be protected by peace officers, was accepted by Halifax and Rogers, and refused by Yeo and Holroyd. 7. Said colliers were hired or employed by Yeo and Holroyd, and their agents, and paid, entertained, and provided with lodging, meat, and drink, by them, and they abetted the riots and obstructions. 8. On account of the said riots and violences offered the persons of the sheriffs, magistrates, and peace officers, on the 18th of September, the poll was necessarily dis Coventry Election Petition.] Nov. 20. Mr. Fox said, he had in his hand a petition of a very singular nature. It neither complained of bribery and corruption, nor of an undue election or return. Ile could not say whether the House would think proper to receive it in the character and description of petitions relating to elections. He would read the petition, and the House would judge whether it should be brought up. Mr. Fox then read a petition from sir Thomas Halifax and Mr. Rogers respecting the Coventry election. It set forth: 1. "That on the 9th of September last, being the day of election, a great number of colliers and other persons, not inhabitants or freemen of the said city, riotously assembled to gether, with a blue flag and blue and white cockades, the ensigns of Edward Roe Yeo, and John Baker Holroyd, came to the place of election, and violently dragged therefrom many of the voters in the interest of the petitioners there assembled, and took possession of the booth, and all access thereto assaulted the freemen, tore off their clothes, and stripped them naked to the waist, and beat, bruised, and otherwise ill treated them, to the great danger of their lives; prevented them from polling, and declaring they came there to support the blues. 2. That on account of the said violences, &c. only four persons could poll for the petitioners on that day, and the poll was adjourned to the 11th. 3. That the petitioners called on the sheriffs to protect the persons of the said voters, and preserve the freedom of election; the sheriffs did appoint one end of the booth for the voters of the petitioners |