House of Lords Journal Volume 20: 1 July 1717

DIE Lunæ, 1 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Newman's Bill.

The Earl of Yarmouth reported from the Committee, to whom the Bill, intituled, "An Act to enable William Newman Esquire to sell Part of the Estate included in his Marriage Settlement, for Payment of Debts, and to settle another Estate in Lieu rhereof," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; and that the Parties concerned had given their Consents; and that the Committee had made some Amendments to the Bill."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

The Messengers sent to the House of Commons on Saturday last, with the Two Messages concerning the Earl of Oxford, acquainted the House, "That, the Commons being then risen, they had this Morning delivered their Lordships said Messages to that House."

Treaties, &c. delivered.

The Earl of Sunderland (by His Majesty's Command) presented to the House the remaining Treaties and Papers, pursuant to their Lordships Address to His Majesty of the 19th of June last; the Titles whereof follow:

Ordered, That the said Treaties and Papers do lie on the Table.

Cary's Petition to lie on the Table.

A Petition of John Cary Esquire, in Custody of the Gentleman Usher of the Black Rod, for his Contempt, in disobeying an Order of this House, for the Payment of Costs, was presented to the House, and read; setting forth, "That he hath found Means to raise Money, and satisfy the Respondents the said Costs; and also paid his Fees due to the Officers of this House; begging Pardon for his Offence, and praying to be discharged:"

Ordered, That the said Petition do lie on the Table; no Proof being made of the Allegation of the said Petition, as to the Payment of the Costs.

House called.

This Day being appointed, to proceed further on the Trial of Robert Earl of Oxford and Earl Mortimer in Westm'r Hall:

The House (according to Order) was called over by the Clerk; and the Names of the absent Lords being set down, pursuant to the same Order, they were again called over, and excused.

Murray & al. Creditors of the forfeited Estates, petition against the Bill to enable the King to grant Relief to Wives, &c. of forfeited Persons.

A Petition of John Murray, George Dunbar, John Houstoun, William Drummond, and James Craig, Esquires, and Andrew Cockburn Hosier, on Behalf of themselves and others, Creditors upon several Estates in Scotland forfeited by the late Rebellion, was presented to the House, and read; praying to be heard, by their Counsel, against the Bill for enabling His Majesty to grant Relief to the Wives of the forfeiting Persons; and for Relief of the Creditors on the forfeited Estates; and for the effectual bringing the Rents and Profits of the said Forfeitures into the Exchequer.

Ordered, That the said Petition do lie on the Table.

House cleared.

Notice being taken, "That divers Persons were in the House, who had no Right so to be:"

It is Ordered, That the Gentleman Usher of the Black Rod do forthwith take into Custody all such Persons as are now in the House contrary to their Lordships Orders.

Message from H. C. for the Lords to defer going to Westm, Hall.

A Message was brought from the House of Commons, by Mr. Gibbon and others:

To desire their Lordships to defer going down into Westm'r Hall for some Time.

Answer.

Ordered, That the Commons be called in; and told, "That the Lords have considered their Message; and that their Lordships will defer going down into Westm'r Hall for some Time, as is desired, before they go down this Day into Westminster Hall."

And the Commons were called in, and acquainted accordingly.

Message from H. C. for a Conference, concerning the Lords denying the Free Conference on the Method of proceeding against the E. of Oxford.

A Message was brought from the House of Commons, by Mr. Crags and others:

To desire a Conference with this House, upon the Subject-matter of their Lordships Message, relating to the Free Conference desired by the Commons.

To which the House agreed.

Answer.

And the Commons were called in; and told, "That the Lords do agree to a Conference, as desired; and appoint it presently, in the Painted Chamber:"

Ordered, That the Managers of the last Conference be the Managers of this Conference.

The House being informed, "That the Commons were ready in the Painted Chamber."

Managers.

The Managers Names were read.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Lord Privy Seal reported the Effect of the Conference; which was, "That the Managers for the Commons had delivered to their Lordships a Paper, containing as follows:

"The Commons, having taken into Consideration your Lordships Message; videlicet, "That your Lordships did not think fit to give a Free Conference on the Subject-matter of the last Conference, as was desired by the Commons;" and they being still desirous, to the utmost of their Power, to preserve a good Correspondence with your Lordships; have asked this Conference; and have commanded us to acquaint your Lordships, that they are very much surprized to find your Lordships deny a Free Conference, after your Lordships have already agreed to a Conference desired by the Commons on the same Subject-matter, and after your Lordships have on your Parts also desired a Conference upon the same Subject.

"That Free Conferences are the most ancient and established Methods for adjusting the Differences that have at any Time arisen between the Two Houses; and, as the Commons conceive, is the only Method to preserve a good Correspondence between them on such Occasions, which at this Time is of the highest Importance, because a Misunderstanding on this Account would tend to defeat the Trial of the Impeachment of the Commons.

"That the Commons conceive clearly, that the Subject-matter of the last Conference is not a Point of Judicature, but a Point relating only to the Prosecution of the Commons; it having arisen before any Matter of Judgement had come before your Lordships upon the Trial.

"For which Reasons, the Commons conceive that your Lordships ought not to have denied them a Free Conference upon the Subject-matter of the last Conference."

Which being read by the Clerk:

Message to H. C. to sit.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Browning:

To desire that they will continue sitting for some Time.

Then the House proceeded to take into Consideration the Matter delivered by the Commons at the last Conference.

And it being proposed, "To insist on denying a Free Conference with the Commons;"

And Debate thereupon:

The Question was put, "Whether to insist on denying a Free Conference, upon the Subjectmatter concerning which a Free Conference was desired by the Commons?"

It was Resolved in the Affirmative.

Lords insist in denying the Free Conference desired by the Commons:

Ordered, That a present Conference be desired with the Commons, in the Painted Chamber, on the Subject-matter of the last Conference; and that the Commons be there acquainted, "That, the Lords having taken into Consideration the Subject-matter of the last Conference, their Lordships do insist on denying a Free Conference upon the Subject-matter concerning which a Free Conference was desired by the House of Commons."

Message to them, for a Conference about it:

Accordingly, a Message was sent to the House of Commons, by Mr. Orlebar and Mr. Browning:

To desire a present Conference, in the Painted Chamber, on the Subject-matter of the last Conference.

Answer.

The Messengers returned; and acquainted the House, That the Commons do agree to a Conference, as desired."

Ordered, That the Managers of the last Conference be the Managers of this Conference.

Then the House being informed, "That the Commons were ready in the Painted Chamber:"

Managers.

The Managers Names were read.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed:

Conference reported.

And the Lord Privy Seal reported, "That they had been at the Conference, and acquainted the Commons as above directed."

Message to H. C. to sit.

A Message was sent to the House of Commons, by the former Messengers:

To desire they will continue sitting for some Time.

Answer.

The Messengers, being returned, acquainted the House, "That the Commons will continue sitting for some Time, as desired."

Then it being moved, "That a Message be sent to the House of Commons, that this House intends presently to proceed further on the Trial of the Earl of Oxford in Westm'r Hall:"

And it being also moved, "That the House do now adjourn during Pleasure:"

The Question was put, "Whether now to adjourn during Pleasure?"

It was Resolved in the Affirmative.

The House was accordingly adjourned during Pleasure.

The House was resumed.

Message from thence, with a Bill:

A Message from the House of Commons, by Mr. Farrer and others:

With a Bill, intituled, "An Act for redeeming the Duties and Revenues which were settled to pay off Principal and Interest on the Orders made forth on Four Lottery Acts, passed in the Ninth and Tenth Years of Her late Majesty's Reign; and for redeeming certain Annuities, payable on Orders out of the Hereditary Excise, according to a former Act in that Behalf; and for establishing a general Yearly Fund, not only for the future Payment of Annuities, at several Rates, to be payable and transferrable at the Bank of England, and redeemable by Parliament, but also to raise Monies for such Proprietors of the said Orders as shall chuse to be paid the Principal and Arrears of Interest in ready Money; and for making good such other Deficiencies and Payments as in this Act are mentioned; and for taking off the Duties on Linseed imported, and British Linen exported;" to which they desire the Concurrence of this House.

Message to H. C. that the Lords will proceed to the E. of Oxford's Trial.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Browning:

To acquaint them, "That this House intends presently to proceed further on the Trial of Robert Earl of Oxford and Earl Mortimer in Westminster Hall."

The House was adjourned during Pleasure, to robe.

The House was resumed.

The Court in Westm. Hall to be cleared.

And their Lordships being informed, "That there was such a Crowd in the Court in Westm'r Hall, that it would not be possible for the Lords to take their Places:"

Ordered, That the said Court be immediately cleared of all Persons.

Proclamation for the Prosecutors to appear, in case the Commons should not be there.

Then it being proposed, provisionally, "To consider the Form of a Proclamation proper to be made in Westminster Hall, for the Appearance of the Prosecutors, if they should not be there present, to proceed, in order to make good their Impeachment against the said Earl of Oxford and Earl Mortimer:"

And thereupon the Proclamation, made the 17th of June 1701, at the Trial of the Lord Sommers, being read:

It was agreed by the House, that when the Lords are gone down into Westminster Hall, if the Managers for the Commons shall not be then there, immediately after the House shall be resumed in Westm'r Hall, and Proclamation for Silence made, and Proclamation for bringing the Prisoner to the Bar, Proclamation be likewise made in these Words; videlicet,

"Whereas Robert Earl of Oxford and Earl Mortimer stands impeached of High Treason, and other high Crimes and Misdemeanors, by the House of Commons, in the Name of themselves and of all the Commons of Great Britain: All Persons concerned are to take Notice, that he now stands on his Trial; and they may now come forth, in order to make good their said Charge."

Then the House was adjourned into Westminster Hall; whither the Lords and others went in the Manner directed; One of the Heralds calling them in their due Places by a List.

And the House being there resumed:

Leave was asked, and given, for the Judges to be covered.

Then Proclamation was made, for keeping Silence; as also for the Lieutenant of The Tower to bring forth the Earl of Oxford and Earl Mortimer, his Prisoner, to the Bar.

Who was brought to the Bar accordingly.

And likewise the Proclamation as above directed being made:

And the Lords having stayed a considerable Time; and the Commons not appearing, in order to make good their Impeachment:

The House was moved, "To adjourn to the Chamber of Parliament."

And, being adjourned accordingly, and returned in the same Order they went down:

The House was resumed.

Then it was proposed, "That Robert Earl of Oxford and Earl Mortimer be acquitted of the Articles of Impeachment, exhibited against him by the House of Commons, for High Treason and other high Crimes and Misdemeanors, and of all Things therein contained; and that the said Impeachment be dismissed."

And a Question being stated thereupon:

It was moved. "To leave out these Words; videlicet, ["and other high Crimes and Misdemeanors"]."

And thereupon,

The Question being put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Affirmative.

Then the last Question being again stated:

Ordered, That the Question now stated be the Question to be put in Westminster Hall.

Then the Lord High Steward desiring, "That further Directions might be given, concerning the further Proceedings in the Trial of the said Earl in Westminster Hall:"

It was agreed by the House, and Ordered, That, in Westm'r Hall, the Lord High Steward shall read the Question as already stated; and then call to the lowest Baron first, and to every other Lord then present, and ask him his Opinion, "Whether Content, or Not Content;" and that every Lord shall stand up when called to, and give his Vote, "Content," or "Not Content;" and that the Lord High Steward, having taken the Votes, shall declare the Majority; and if the Majority answer in the Affirmative, the Lord High Steward is to declare the same, and particularly to the Earl of Oxford as soon as he shall be brought to the Bar; and shall immediately pronounce the Judgement of this House, in the Form following; (videlicet,)

"It is Considered, Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That Robert Earl of Oxford and Earl Mortimer shall be, and is hereby, acquitted of the Articles of Impeachment, exhibited against him by the House of Commons, for High Treason, and other high Crimes and Misdemeanors, and of all Things therein contained; and that the said Impeachment shall be, and is hereby, dismissed."

And shall then immediately direct the Lieutenant of The Tower (fn. 2) then to discharge his Prisoner.

And, after that, to dissolve the Commission.

The House was then again adjourned into Westm'r Hall.

And being there resumed (the Earl of Oxford being in the mean Time withdrawn from the Bar);

And Proclamation made for Silence:

E. of Oxford acquitted of the Articles of Impeachment against him, for High Treason, and high Crimes and Misdemeanors.

The Lord High Steward stated the Question before agreed on; and asked every Lord present, severally, "Whether Content, or Not Content?"

And they all answering in the Affirmative, as did the Lord High Steward declare his Opinion also:

The Lord High Steward declared, "That Robert Earl of Oxford and Earl Mortimer was, by the unanimous Vote of all the Lords present, acquitted of the Articles of Impeachment, exhibited against him by the House of Commons, for High Treason, and other high Crimes and Misdemeanors, and of all Things therein contained."

Then, Proclamation was made, for bringing the Earl of Oxford and Earl Mortimer again to the Bar.

Who being there:

The Lord High Steward particularly declared to the said Earl, "That he was acquitted of the said Articles, and of all Things therein contained."

And then pronounced the Judgement of this House, in these Words; (videlicet,)

"It is Considered, Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That Robert Earl of Oxford and Earl Mortimer shall be, and is hereby, acquitted of the Articles of Impeachment, exhibited against him by the House of Commons, for High Treason, and other high Crimes and Misdemeanors, and of all Things therein contained; and that the said Impeachment shall be, and is hereby, dismissed."

Which done, the Lord High Steward said,

"Lieutenant of The Tower, you are now to discharge your Prisoner."

And then the Lord High Steward stood up, uncovered; and declaring, "There was nothing more to be done by virtue of the present Commission;" broke the Staff, and pronounced the Commission of Lord High Steward dissolved.

The House was adjourned to the Chamber of Parliament.

And being there resumed;

The following Order was made:

Business Tomorrow put off.

"Whereas To-morrow is appointed, for the House to be put into a Committee of the whole House upon the Bill for Relief of the Wives, &c. of the late Earl of Southesk, and other forfeiting Persons; also on the Bill relating to the Commissioners for the Accompts of the Army; and likewise on the Bill for paying the Lady Amelia Butler's Portion:"

It is Ordered, That on Wednesday next, this House shall be put into a Committee of the whole House upon the said Bills, severally; and that the Lords be summoned to attend, in respect of the Bill for Relief of the Wives, &c. of the late Earl of Southesk and others.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.