House of Lords Journal Volume 20: 16 March 1716

Pages 312-313

Journal of the House of Lords: Volume 20, 1714-1717. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Page 312
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DIE Veneris, 16 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliœ.

Epus. Winton.
Epus. Sarum.
Epus. Carliol.
Epus. Hereford.
Epus. Cestrien.
Epus. Gloucestr.
Epus. Oxon.
Epus. Lincoln.
Ds. Cowper, Cancellarius, & Senescallus
Mag. Britanniœ pro hac Vice.
Comes Sunderland, C.P.S.
Dux Devonshire, Senescallus.
Dux Bolton, Camerarius.
Dux Somerset.
Dux Richmond.
Dux St. Albans.
Dux Shrewsbury.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster, Magnus Camerarius.
Dux Kingston.
Dux Newcastle.
Marq. Annandale.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Manchester.
Comes Stamford.
Comes Clarendon.
Comes Anglesey.
Comes Burlington.
Comes Radnor.
Comes Nottingham.
Comes Rochester.
Comes Holderness.
Comes Portland.
Comes Scarbrough.
Comes Warrington.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Greenwich.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Rothes.
Comes Hadinton.
Comes Loudoun.
Comes Bute.
Comes De Loraine.
Comes I'lay.
Comes Strafford.
Comes Carnarvon.
Comes Rockingham.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Viscount Lonsdale.
Viscount Tadcaster.
Ds. Willoughby Er.
Ds. Delawar.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. St. John.
Ds. Compton.
Ds. Brooke.
Ds. Bruce.
Ds. Colepeper.
Ds. Cornwallis.
Ds. Osborne.
Ds. Lumley.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Saunderson.
Ds. Harborough.
Ds. Carleton.
Ds. Cobham.
Ds. Parker.


The House was adjourned during Pleasure, to robe.

The House was resumed.

Persons not to go below the Throne in Westm. Hall:

Notice being taken, "That there was so great a Crowd Yesterday in the Court below in Westm'r Hall, as to incommode the Lords of this House:"

It is Ordered, That no Person whatsoever presume to stand below the Steps of the Throne, in the said Court below.

E. of Wintoun's Trial:

The House was adjourned into Westm'r Hall; and the Lords and others proceeded thither, in the same Order as Yesterday.

And the Lords being seated, Proclamation was made for keeping Silence; as also Proclamation for bringing the Prisoner to the Bar.

The Earl at the Bar:

Who was brought to the Bar accordingly; and there kneeled until the Lord High Steward directed him to rise.

And then acquainted the Prisoner the Earl of Wintoun, "He might proceed in his Defence."

Who offering nothing material therein; but desiring his Counsel might be permitted to speak in his Defence; and that further Time might be allowed for bringing up his Witnesses:"

The Managers for the Commons began to reply.

And the House being thereupon moved, "To adjourn to the House above:"

Their Lordships adjourned accordingly.

And being there resumed;

The following Order was made:

"Ordered, That the Lord High Steward be directed to acquaint the Prisoner at the Bar, That the Lords are yet ready to hear any Thing he can offer in his Defence, or his Witnesses; but that, if he does not proceed in making his Defence, it will be signified to the Managers for the Commons, that they may reply; and after that, he cannot be heard farther in his Defence; and that, if he has any Matter of Law, he must propose it himself.

Then the House was adjourned into Westm'r Hall.

And the Lords being there seated, and Proclamation made for keeping Silence:

The Lord High Steward acquainted the Earl of Wintoun with the abovementioned Order.

And the said Earl offering nothing material in his Defence, nor calling any Witnesses:

The Lord High Steward told the Managers for the Commons, "They might proceed to reply."

And they having replied accordingly:

The House was adjourned to the House above.

And being there resumed;

Bishops Protestation delivered:

The Lord Bishop of Winchester, for himself and the rest of the Bishops, delivered a Protestation; which they desire may be entered.

And the same was read, as follows:

"The Lords Spiritual of the House of Peers do desire Leave of this House, to be absent from the Judgement now to be given in the Case of the Earl of Wintoun; by Protestation, saving to themselves and their Successors all such Rights in Judicature as they have by Law, and of Right ought to have."

And Leave was given accordingly; and the said Protestation was ordered to be entered, as desired.

E. of Wintoun unanimously found guilty:

Then the House, being called over by the Clerk, was adjourned again into Westm'r Hall.

And the Peers being there seated, and Proclamation made for Silence:

The Lord High Steward, by a List, called every Peer by his Name, beginning at the lowest Baron; and asked them, "If George Earl of Wintoun was guilty of the High Treason whereof he stands impeached, or not guilty?"

And thereupon every Lord, severally, answered, "Guilty, upon my Honour;" laying his Hand upon his Breast.

Then, the Lord High Steward standing uncovered at his Chair, as he did when he asked the other Lords their Opinion, declared his Opinion to the same Effect, and in the same Manner.

Proclamation was again made for keeping Silence; as also Proclamation for bringing the Prisoner to the Bar.

Who being brought to the Bar accordingly;

The Lord High Steward spake to him, as follows:

"George Earl of Wintoun; The Lords have considered of the Charge and Evidence given against you, and likewise of what you have said in your Defence, and also of the whole Matter of this Impeachment; and have unanimously found you guilty of the High Treason whereof you stand impeached.

Then the House was adjourned to the House above.

And being there resumed;

Remanded to The Tower.

Ordered, That George Earl of Wintoun be, and he is hereby, remanded Prisoner to His Majesty's Tower of London, to be there safely kept until further Order of this House.

To the Constable of His Majesty's Tower of London; and, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.


Dominus Senescallus Magnæ Britanniæ pro hac Vice declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.