son and other high crimes and misdemeanours, | tee of Secrecy, acquainted the House, That he being passed, Lord Coningsby stood up, and said, "The worthy chairman of the Committee has impeached the hand, but I do impeach the head; he has impeached, the clerk, and I the justice; he has impeached the scholar, and I the master: I impeach Robert earl of Oxford and earl Mortimer, of high treason and other high crimes and misdemeanours." Hereupon, * was directed by the Committee to move the House, That the persons taken into custody, pursuant to the order of the House of the 9th instant might be examined in the most solemn manner, according to former precedents. Upon which it was ordered, That such members of the Committee of Secrecy, who are justices of the peace for the county of Middlesex, should examine Mr. Matthew Prior, and Mr. Thomas Harley, at the said committee. Mr. Auditor Harley made a long pathetic speech; wherein he endeavoured to justify his brother, the earl of Oxford, as having done noMr. Prior ordered into close custody.] June thing but by the immediate commands of the 17. Mr. Walpole acquainted the House, That late queen; urging, that the peace was a good pursuant to their order, Matthew Prior, esq. one, and approved as such by two parliaments; had been, the day before, examined before the concluding, that the facts mentioned in the Committee of Secrecy, and during a long exReport, and which were charged on the earl, amination, there appeared matters of such imcould not be construed to amount to high trea-portance, that the Committee had directed son, but only in strict rigour, to misdemeanours. He was backed by Mr. Thomas Foley* the earl's brother-in-law, who complained of the hardship put upon that nobleman, in charging him with high treason, before they had examined the Report: but what was yet more favourable for the earl, was spoke by Sir Joseph Jekyll, one of the Committee of Secrecy, who said, "That as to the lord Bolingbroke, they had more than sufficient evi, dence to convict him of high treason, upon the statute 25 Edward 3, but that as to the earl of Oxford, he doubted whether they had either sufficient matter or evidence to impeach him of treason." But another member of the Committee of Secrecy having assured the House, That besides what had appeared before them, and was mentioned in the Report, they had other evidence, viva voce: It was resolved, without a division, "That this House will impeach Robert earl of Oxford and earl Mortimer, of high treason, and other high crimes and misdeameanours:" And ordered, That it be referred to the Committee of Secrecy, to draw up Articles of Impeachment, and prepare evidence against Henry viscount Bolingbroke, and Robert earl of Oxfordt and earl Mortimer. After this, it was ordered likewise, That the farther consideration of the said Report be adjourned; and that the said Report, with the Appendix, be printed. June 11. The Commons ordered the Speaker to send a printed copy of the Report from the Committee of Secrecy to the sheriff of every county, and to the returning officer of every city and borough, sending members to parlia ment. June 15. Mr. Walpole, from the Commit. Both of them Auditors of the Imprest for life. "The next morning the earl of Oxford went to the House of Peers, and at first appeared undisturbed, but finding that most members avoided sitting near him, and that even earl Powlet was shy of exchanging a few words with bim, he retired out of the House." Tindal. him to move the House, that he might be confined in close custody, and no person permitted to come to him: upon which it was ordered, That Mr. Matthew Prior, now in custody of the Serjeant at arms, be confined in close custody, and no person permitted to come to him without leave from Mr. Speaker.t Duke of Ormond of High Treason.] June 21. Mr. Secretary Stanhope impeaches James The House having, according to order, considered further of the report from the Committee of Secrecy, Mr. Secretary Stanhope stood up and said, He wished he were not obliged to break silence on that occasion; but that as a member of the Secret Committee, and of that great assembly which ought to do the nation justice, he thought it his duty to impeach James duke of Ormond of high treason, and other high crimes and misdemeanours: He was seconded by Mr. Boscawen. Hereupon Mr. Archibald Hutcheson made a long speech in behalf of the duke of Ormond, where in he set forth his noble birth and qualifications; and the great services which both be and his illustrious ancestors had performed to the crown and nation; urged, That in the whole course of his late conduct, he had but obeyed the late queen's commands; and concluded, That if all that was alledged against his grace in the report could be made out, it would, in the rigour of the law, amount to no more than high misdemeanours. This speech made a * One of the Commissioners of Trade and Plantations. +"This order occasioned various reports: some affirmed, that the earl of Oxford, or some of his friends, had been in close conference with Mr. Prior, and so effectually tampered with him, that he was more reserved in answering questions than he had been before. However that be, it is certain, Mr. Prior did prevaricate." Tindal. The account of what passed at Mr. Prior's Examination, as drawn up by his own hand, will be found in the Appendix, No. II. great impression on the House; and Mr. Hutcheson was seconded by General Lumley, who said among other things, That the duke of Ormond had, on all occasions, given signal proofs both of his affection and love for his country, and of his personal bravery and courage, particularly at the battle of Landen, where he was wounded and taken prisoner; and that the late king William was extremely satisfied with his grace's gallant behaviour. That his grace had generously expended the best part of his estate in the wars, living in a most noble and splendid manner, for the honour of his country: that therefore in consideration both of his great services, and his illustrious relations, if he had of late been so unfortunate as to fail in any part of his conduct, they ought not to proceed against him with the utmost rigour of the law; the rather because he ever meant well, and was drawn into ill measures by crafty ministers. Sir Edward Northey (Attorney General), said that he did not disown, but that in the Report of the Committee of Secrecy, there were some matters, on which an impeachment of high treason might be grounded against the duke of Ormond; but he did not think it proper to explain himself further on that occasion. Mr. Lechmere, Solicitor General, spoke plainer, and mentioned a case parallel to the duke's, which had been adjudged treason. This debate lasted from one till about half an hour past ten, when the question was put, and resolved by a majority of 234 voices against 187, to impeach James duke of Ormond of high treason, and other high crimes and misde meanors. After which it was ordered, "That it be referred to the Committee of Secrecy to draw up Articles of Impeachment, and prepare evidence against James duke of Ormond *; "After these impeachments, that of the duke of Ormond became the principal subject of discourse. The high-church party madehis name the signal for their tumults, threatening the government and parliament too, if they proceeded against him. His zeal for the church was their chief topic to excite the mobs to ap pear for him; and his noble birth, and the services of his ancestors, and of himself in Flanders, during king William's reign, were insisted upon. Nor was his generosity, or rather profuse way of living, omitted, to prepossess the people in his favour: but all signified nothing; for though the king at his first arrival, shewed more lenity and respect to him, than his conduct deserved, and seemed willing to pass by his miscarriages, while general, as far as possible, the behaviour of the duke and his friends was such, as made it impracticable; for instead of dis Sir Joseph Jekyll spoke likewise in favour of the duke of Ormond: he said, That if there was room for mercy, he hoped it would be shewn to that noble, generous and courageous peer, who for many years, had exerted those great accomplishments for the good and honour of his country. That if of late he had the misfortune to deviate from his former conduct, the blame ought not, in justice and equity, be laid to him, but to them principally, who abusing his affection, loyalty and zeal for the service of his royal mistress, had drawn him into pernicious counsels: that therefore, as the statute of the 25th Edward 3, on which the charge of high treason against his grace was to be grounded, had been mitigated by subsequent laws, the House ought not, in his opinion, to take advantage of that act against the duke, but only impeach him of high crimes and mis-couraging the mobs, who were taught to cry demeanours. He added, That some persons endeavoured to aggravate the duke of Ormond's faults, by charging upon him the riots and tumults which the populace committed daily in many places; but that he durst aver, that his grace did no ways countenance those disorders; and if the disaffected made use of his name, unknown to him, his grace ought not to suffer for it. General Ross laid great stress upon sir Joseph Jekyll's opinion, and said all he could in his commendation, and the duke's defence. out, an Ormond, in opposition to king George, he plainly countenanced them, and took a great deal of pride to be the idol of the rabble. He affected to have people of quality appear at his levee, and frequent his house; and, instead of behaving himself subinissively, had the vanity to justify his conduct in a printed piece, which in reality exposed him more to censure. About the middle of June, the following advertisement was dispersed with great industry: On Tues'day, the 7th, of this month, her grace the 'duchess of Ormond, in her return from Rich Sir William Wyndham, Mr. Thomas Onslow,mond, was stopped in her coach, by three perMr. Ward, Mr. Hungerford, and some other members of both parties, spoke also on the same side: but Mr. Lyddal, member for Lestwithiel, Mr. Hampden, and Mr. Thompson strongly supported general Stanhope's motion; answered all that had been alledged in the duke's favour; and among other things represented, That he ever affected popularity; that he could not be ignorant of the tumults and riots of which his name was the signal; and that since he did not publicly disown them who made use of his name, his silence was a tacit approbation of their proceedings, and seemed to summon the people to a general insurrection. sons, well mounted, and well armed, in disguise, who inquired if the duke was in the 'coach, and seeined to have a design upon his life, if he had been there. It has been ob'served, that many persons, armed and dis'guised in like manner, have been watching by day and by night upon that road, on each side of the water, and it is not to be doubted, with a design to assassinate him.' This being evidently calculated to excite the fury of the populace against the duke's supposed enemies, the rest of his conduct could not but alarm the government, and perhaps provoked the House of Commons to proceed against him sooner, and that the farther consideration of the said Report be adjourned to the next morning." Alr. Aislaby impeaches Thomas Earl of Strafford of high Crimes and Misdemeanors.] June 22. The Commons resumed the consideration of the Report from the Committee of Secrecy, and submitting to the terms of an unsafe, disho nourable peace. 2. Advising the seizing of Ghent and Bruges, in order to distress the allies, and favour the enemy. 3. The insolence and contempt with which he had treated the most serene House of Hanover, and their generals and ministers. Mr. Bailie, having seconded Mr. Aislaby, Mr. Aislaby, who spoke first, took notice of the general concern that had appeared the day before in the House, for the noble person that was impeached; because they were persuaded, it was rather through weakness than malice that he had followed pernicious counsels; but that, in his opinion, few if any, would speak in favour of another lord, whom he was to impeach. That the person he meant, was Thomas earl of Strafford, one of the plenipotentiaries of Great Britain at the congress of Utrecht; Mr. Hungerford, who among other things, whose conduct had been vastly different from said, that though the bishop of London had an that of his colleague, the lord bishop of Lon-equal share with the earl of Strafford in the ne don (Dr. John Robinson.) That this good and gociation of peace, he was, it seems, to have pious prelate seemed to have been put at the the benefit of his clergy. General Ross having head of that negociation, only to palliate the likewise said something to excuse the suspension iniquity of it, under the sacredness of his cha- of arins: racter; but was little more than a cypher in the absence of the earl of Strafford. That the bishop not being in the secret had acted with reserve and caution, and would do nothing without the queen's special commands; whereas the earl of Strafford not only was forward to venture and undertake any thing, as he expresses himself in one of his letters, to be the tool of a Frenchined ministry; but in many instances had gone beyond his instructions, and advised the most pernicious measures. That having impartially weighed the different conduct of these two ministers, he was glad that nothing could be charged upon the bishop, since it gave them an opportunity to convince the world thatthe church is not in danger: but moved, That Thomas earl of Strafford be impeached of high crimes and misdemeanours. Mr. Aislaby afterwards enlarged upon this charge, which he reduced to these three principal heads, viz. 1. The earl of Strafford's advising the fatal suspension of arms, which was soon after attended with several misfortunes that befel the allies; and at last reduced them to the necessity of Sir William Wyndham endeavoured to justify the earl of Strafford, as to the first head, by saying, That the peace, which was but the sequel and necessary consequence of the suspension of arms, had been approved as such by two successive parliaments, and declared advantageous, safe, and honourable. Mr. Shippen, Mr. Ward, and Mr. Snell, member for Gloucester, spoke also in favour of the earl of Strafford; as did also and with more vigour, than they would otherwise have done. It was the general opinion, that the rash, unadvised behaviour of the duke's pretended friends, of whom bishop Atterbury was chief, greatly promoted this vote. It was said upon very good grounds, that a relation of the duke's had prevailed upon him at that time to write a submissive letter to the king, desiring a favourable interpretation of his former actiors, and imploring his majesty's clemency: which had so good an effect, that he was to have been privately admitted to the king in his closet, to confirm what he had written. But, before the time came, bishop Atterbury had been with him, and the consequence was, that he left England abruptly, and never returned to it more." Tindal. General Cadogan answered, that considering the situation of both armies, the confederates lost the fairest opportunity they ever had in Flanders, to destroy the enemy's ariny, and to penetrate into the very heart of France; but added, that nothing less could be expected from a princess and a ministry, who had entirely delivered themselves into the hands of France. Sir James Campbel spoke also against the earl of Strafford. Sir David Dalrymple sumined up what had been said on both sides; and having illustrated the present case by parallel instances and proper observations, urged, that both by the civil and statute laws, the earl of Strafford was, at least, guilty of high crimes and misdemeanors. Hereupon, about seven in the evening, the question was put, and by 268 voices against 100, it was resolv'd, "That the House will impeach Thomas, earl of Strafford, of high crimes and misdemeanors;" and ordered, That it be referred to the Committee of Secrecy, to draw up Articles of Impeachment and prepare evidence against the said earl. Mr. Walpole from the Committee of Secrecy reports the Articles against the Earl of Oxford.] July 7. Mr. Robert Walpole, from the Committee of Secrecy, acquainted the House, "That the committee having prepared articles of impeachment of high treason and other high crimes and misdemeanors, against Robert earl of Oxford and earl Mortimer, had commanded him to acquaint the House, that they should, in a short time, have farther articles against the said earl; and that the committee had directed him to report the articles, already prepared, to the House:" And he read them in his place, and afterwards delivered them in at the table, where they were once read. After this it was moved, that the farther con⚫ sideration of the said articles be adjourned to that day seunight; but it was carried, without dividing, that the said report be read a second time the next day. At which time the first ten articles of impeachment against Robert earl of Oxford and earl Mortimer, were read a second time; and upon the question severally put thereupon, with amendments to some of them, there was a long debate from two till eight in the evening, when they were agreed to, by 280 against 125. Then a motion being made and the question put, That the farther consideration of the said Report be adjourned till the next morning, the same was carried in the negative, by 247 against 139. Hereupon the eleventh article was read a second time, and amended by the House; and then there arose a great debate, upon the question, Whether the said article was high treason? Sir Robert Raymond, Mr. Bromley, sir William Wyndham, Mr. Edward Harley, Mr. Thomas Foley, Mr. Ward and Mr. Hungerford maintained the negative; and were strongly supported by been any campaign in Flanders, except that in which the duke of Ormond commanded, that was not marked and famous to all posterity for some signal and glorious event, to the advantage of the common cause? carried to the Lords. Then the rest of the sixteen The said Articles agreed to; and ordered to be articles were severally read a second time, and with amendments to some of them, agreed unto by the House, who ordered, “That the said articles be engrossed; and, that a clause be prePared, saving liberty to the Commons to exhibit of Oxford and earl Mortimer; and that he may any farther Articles against the said Robert, earl be sequestered from parliament, and committed to safe custody." July 9. The above clause was offered to the House; and being twice read and agreed to, was ordered to be engrossed with the Articles of Impeachment. The same day the ingrossed Articles of Impeachment against Robert, earl of Oxford and earl Mortimer, were read; after which it was ordered, 1. That the Lord CoSir Joseph Jekyll, one of the Committee of ningsby do carry the said Articles to the Lords: Secrecy, who said, "That it was ever his prin. 2. That his lordship be directed, before he exciple to do justice to every body, from the high-hibit the said Articles to the Lords, to impeach est to the lowest; being persuaded, that it was Robert earl of Oxford and Mortimer, to the the duty of an honest man never to act by effect following, viz. a spirit of party. That he hoped he might pretend to have some knowledge of the laws of the kingdom; and as in the committee of secrecy, he had taken the liberty to differ from his colleagues, he would not scruple to declare now to the whole House, that, in his judgment, the charge in question did not amount to high treason." Most of the other members of the Committee of Secrecy were offended at this speech, and thereupon "My Lords; "The Commons assembled in parliament having received information of divers traiterous practices and designs of a great peer of this timer; have commanded me to impeach the House, Robert earl of Oxford and earl Morsaid earl of Oxford and earl Mortimer, of high treason, and other high crimes and misdemeanours: And I do here in their names, and in Mr. Robert Walpole answered, That there the names of all the Commons of Great Britain, were both in and out of the Committee of Se-timer of high treason, and other high crimes impeach Robert, earl of Oxford and earl Morcrecy, several persons who did not, in the least, yield to the member that spoke last, in point of honesty; and who, without dérogating from his merit, were superior to him in the knowledge of the laws; but who at the same time, were satisfied that the charge specified in the eleventh article amounted to treason. Mr. Walpole was backed by general Stanhope, the lord Coningsby, general Cadogan, Mr. Boscawen, and Mr. Aislaby; and the eleventh article being amended, the same was agreed to by the House, by 247 votes against 127. Mr. Auditor Harley endeavoured to justify the earl of Oxford, 1. By urging that he ever acted by the late queen's positive commands; to prove which he offered to produce two letters from her majesty; and 2. The necessity of making a peace; he having upon this occasion, advanced, that the Dutch prolonged the war, and that their deputies in the army had often prevented the giving the enemy a decisive blow. General Cadogan answered, that the Dutch were more concerned than any prince or state in the grand alliance to put an end to the war; and undertook to prove, that there had not and misdemeanors. I am farther commanded of your lordships, that the earl of Oxford and by the House of Commons to pray and demand earl Mortimer may be sequestered from parliament, and forthwith committed to safe custody." THE ARTICLES OF IMPEACHMENT AGAINST After this, the lord Coningsby, attended by THE EARL OF OXFORD AND EARL MORTIMER.] most of those members who voted for the imand at their bar impeached Robert earl of Oxpeachment, went up to the House of Peers, tioned; and then left with their lordships the ford and earl Mortimer, in the form above menArticles of Impeachment against the said earl, which were read as follows: ARTICLES OF IMPEACHMENT of High "Whereas many solemn treaties and alliances, have been formerly entered into, between the crown of England and other Princes and Potentates of Europe, for their mutual safety, purpose that the confederates, in order to the procuring the satisfaction and security aforesaid, shall, amongst other things, use their` otmost endeavours to recover the provinces of the Spanish Low Countries, that they may be a separating and dividing France from the United Provinces, for the security of the States General as they have served in all times, till of late that the most Christian king has seized them by his forces; as likewise the duchy of Milan, with its dependances, as a fief of the empire, and contributing to the security of his imperial ma and from the considerations of the common danger which threatened all Christendoin from the immoderate growth of the power of France: and whereas the preventing the monarchy of Spain from coming into the hands of the House of Bourbon has for many years been a funda-fence and rampart, commonly called a Barrier, mental principle and maxim of union among the Allies in order to preserve a just balance of power in Europe; and, to that end, as the designs of France on the monarchy of Spain have from time to time appeared, new treaties and express stipulations have been entered into amongst the Allies, to strengthen themselves against that approaching danger; and, on thisjesty's hereditary dominions: besides the kingfoundation, a treaty for an intended partition, whereby a small part only of the dominions of the crown of Spain was allotted to the house of Bourbon, was condemned by the wisdom of Parliament, as being highly prejudicial and fatal in its consequences to England, and the peace of Europe; and whereas the duke of Anjou, grandson to the king of France, on the demise of Charles the 2nd, king of Spain, took possession of the entire monarchy of Spain, whereby the balance of power, the Protestant Religion and the liberties of Europe, were threatened with immediate danger; whereupon Leopold then emperor of Germany, his late majesty king William the third of ever-glorious memory, and the States General of the United Provinces, finding, at that most critical juncture, that a strict conjunction and alliance between themselves was become necessary, for repelling the greatness of the common danger from so great an accession of power to the then common enemy, did, in the year of our Lord, 1701, make form and conclude, a new treaty and alliance, whereby it was agreed, "That there shall be and continue between the said confederates, his sacred imperial majesty, his sacred royal majesty of Great Britain, and the lords the States General of the United Provinces, a constant, perpetual, and inviolable friendship and correspondence; and that each party shall be obliged to promote the advantages of the other and prevent all inconveniencies and dangers that might happen to them, as far as lies in their power that the said Allies desiring nothing more earnestly than the peace and general quiet of all Europe, have adjudged, that nothing can be more effectual for the establishment thereof, than the procuring an equitable and reasonable satisfaction to his imperial majesty, for his pretension to the Spanish succession; and that the king of Great Britain and the States General may obtain a particular and sufficient security for their kingdoms, provinces and dominions, and for the navigation and commerce of their subjects; that the said confederates therefore shall, in the first place, endea- | vour by amicable means to obtain the said satisfaction; but if, contrary to their expectation and wishes, the same is not bad, the said confederates do engage and promise to one another, that they will assist each other with all their forces, according to a specification to be agreed upon in a peculiar convention for that doms of Naples and Sicily, and the lands and Islands upon the coast of Tuscany in the Mediterranean, that belonged to the Spanish dominions, and may serve to the same purpose, and will be also of advantage to the navigation and commerce of the subjects of the king of Great Britain and of the United Provinces: that, in case the confederates shall be forced to enter into a war, for obtaining the satisfaction aforesaid for his imperial majesty, and the security of his majesty of Great Britain and the States General, they shall faithfully communicate their designs to one another, as well in relation to the actions of the war, as all other things wherein the common cause is concerned: that it shall not be permitted to either party, when the war is once begun, to treat of peace with the enemy, unless jointly and by a communication of counsels; and no peace shall be made unless an equitable and reasonable satisfaction for his imperial majesty, and the particular security of the kingdoms, provinces, dominions, navigations, and commerce, for his majesty of Great Britain and the States General be first obtained; and unless care be taken, by fitting security, that the kingdoms of France and Spain shall never come and be united under the same government, nor that one and the same person shall be king of both kingdoms, and parti cularly, that the French shall never get into the possession of the Spanish Indies; neither shall they be permitted to sail thither, on the account of traffic directly, or any pretence whatsoever; and lastly, unless full liberty be granted unto the subjects of the king of Great Britain and the States General, to exercise and enjoy all the same privileges, rights, immunities and franchises of commerce, by sea and land, in Spain, the Mediterranean, and all lands and places which the king of Spain last deceased did possess at the time of his death, as well in Europe as elsewhere, which they used and enjoyed or which the subjects of both or either of them by any right, acquired by treaties, agreements, customs, or any other way whatsoever, might have used and enjoyed before the death of the late king of Spain: that, at the same time that the said agreement or peace shall be made, the confederates shall agree amongst themselves about all the things that they shall think necessary, for maintaining the navigation and commerce of the subjects of his majesty of Great Britain and the States General in the |