After a short debate the articles were read; then the tory lords moved that the judges might be consulted.

The motion being rejected, another was made, that the earl should be committed to safe custody.

This occasioned another debate, in which he himself spoke to the following purpose: that the whole charge might be reduced to the negotiations and conclusions of the peace; that the nation wanted a peace, he said, nobody would deny; that the conditions of the peace were as good as could be expected, considering the backwardness and reluctancy which some of the allies showed to come into the queen's measures; that the peace was approved by two successive parliaments; that he had no share in the affair of Tournay, which was wholly transacted by that unfortunate nobleman who has thought fit to step aside; that for his own part, he always acted by the immediate directions and commands of the late queen, without offending against any known law; and, being justified by his own conscience, was unconcerned for the life of an insignificant old man; that, if ministers of state, acting by the immediate commands of their sovereign, are afterwards to be made accountable for their proceedings, it might one day or other be the case with all the members of that august assembly; that he did not doubt their lordships, out of regard to themselves, would give him an equitable hearing; and that in the prosecution of the inquiry it would appear he had merited not only the indulgence, but even the favour of his government.

"My lords," said he, "I am now to take my leave of your lordships, and of this honourable house, perhaps for ever; I shall lay down my life with pleasure in a cause favoured by my late dear royal mistress.

When I consider that I am to be judged by the justice, honour, and virtue of my peers, I shall acquiesce, and retire with great content; and, my lords, God's will be done." The duke of Shrewsbury having acquainted the house that the earl was very much indisposed with the gravel, he was suffered to remain at his own house in custody of the black-rod; in his way thither he was attended by a great multitude of people crying, "High-church, Ormond and Oxford for ever!" Next day he was brought to the bar; where he received a copy of the articles, and was allowed a month to prepare his answer.