Journal of the House of Lords: Volume 20, 1714-1717. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Mercurii, 22 Februarii.
Rebels speedy Trial, Bill.
The Earl of Clarendon reported from the Committee of the whole House, to whom the Bill, intituled, "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy, War against His Majesty," was committed; the Amendments made by the Committee to the said Bill, as follows; (videlicet,)
Provided always, That this Act, or any Thing therein contained, shall not extend to alter the Place of Indictment or Trial; unless the Person or Persons indicted shall, upon his or their Trial, be proved to have been actually in Arms, or to have personally joined with others while in Arms, in the Rebellion, or War, charged in the Indictment; but, upon Failure of such Proof, such Person or Persons shall be acquitted and discharged of and from such Indictment, in the same Manner, and to the same Intents and Purposes only, as he and they should have been, in case this Act had never been made."
Petition of the Six condemned Lords offered.
A Petition of James late Earl of Darwentwater, William late Lord Widdrington, William late Earl of Nithisdaile, Robert late Earl of Carnwath, William late Viscount Kenmure, and William late Lord Nairne, was offered to the House; desiring their Lordships Intercession to His Majesty, for Mercy towards them.
"The humble Petition of James Radcliffe late Earl of Darwentwater, William Widdrington late Lord Widdrington, William Maxwell late Earl of Nithisdaile, Robert Dalyell late Earl of Carnwath, William Gordon late Viscount Kenmure, and William Murray late Lord Nairn;
"That your Petitioners, being under Sentence of Death, and having Notice last Saturday Night to prepare for their Execution on Friday next, beg Leave, in this their utmost Extremity, to make their humble Applications to your Lordships.
"They will not trouble your Lordships with a Repetition of their particular Cases; which they have already set forth, and which appear in the Proceedings upon the Articles of Impeachment exhibited against them by the Honourable House of Commons.
"But having, with the deepest Sorrow and Affliction, acknowledged their great Offence; they humbly hope your Lordships will, out of your Goodness and Compassion, consider the Circumstances of their miserable Condition; sincerely promising, that whatever Grace or Favour they obtain, will lay them under the highest Obligations of Duty to His Majesty, and Gratitude to your Lordships.
"Your Petitioners therefore most humbly and earnestly beseech your Lordships, that you will be pleased to intercede with His Majesty for Mercy towards them, in such Manner as to your Lordships great Wisdom and Goodness shall seem most proper.
Address to be presented to the King, for a Reprieve for such of them as His Majesty shall think proper.
Then it was moved, "That an humble Address be presented to His Majesty, humbly to desire, that His Majesty would be graciously pleased to grant a Reprieve to the Petitioners, for such Time as His Majesty shall think proper."
Then it was proposed, "That in the same Line, after the Word ["Petitioners"], and before ["for"], these Words, (videlicet,) ["as shall appear to His Majesty to deserve the same, and"], may be also added.
"That an humble Address be presented to His Majesty, humbly to desire, that His Majesty would be graciously pleased to grant a Reprieve to such of the Petitioners as shall appear to His Majesty to deserve the same, and for such Time as His Majesty shall think proper:"