Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 26: July 1746, 21-31', in Journal of the House of Lords Volume 26, 1741-1746, (London, 1767-1830) pp. 611-627. British History Online https://www.british-history.ac.uk/lords-jrnl/vol26/pp611-627 [accessed 12 April 2024]
In this section
July 1746, 21-31
DIE Martis, 22o Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths, in order to sit on the Trials of the Three Peers.
The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, in order to their sitting on the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason; (videlicet,)
Lionel Duke of Dorset, Lord President of the Council.
Charles Duke of Richmond.
Thomas Holles Duke of Newcastle, One of His Majesty's Principal Secretaries of State.
William Marquis of Lothian.
Philip Earl of Chesterfield.
Sackville Earl of Thanet.
John Earl Granville.
Charles Earl of Tankerville.
Philip Earl Stanhope.
Pattee Viscount Torrington.
Francis Lord North and Guilford.
John Lord Berkeley of Stratton.
Charles Lord Cornwallis.
James Lord Somerville.
George Lord Hervey.
Samuel Lord Masham.
John Lord Monson.
John Lord Hobart.
Richard Lord Edgecumbe.
Samuel Lord Sandys.
Message from H. C. to return the Bill for the Episcopal Ministers in Scotland to qualify themselves.
A Message was brought from the House of Commons, by Sir William Yonge and others:
To return the Bill, intituled, "An Act more effectually to prohibit and prevent Pastors or Ministers from officiating in Episcopal Meeting-houses in Scotland, without duly qualifying themselves according to Law; and to punish Persons for resorting to any Meeting-houses where such unqualified Pastors or Ministers shall officiate;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire the Concurrence of this House.
The said Amendments, being read Thrice, were agreed to.
And a Message was sent to the House of Commons, by Mr. Sawyer and Mr. Mountague, to acquaint them therewith.
The House being informed, "That a Person attended, in order to deliver in Copies of Papers, Pleadings, and Proceedings, in the Cause wherein (fn. 1).
He was thereupon called in; and delivered, at the Bar, the said Copies; and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Offenders against the Laws of Customs, &c. to punish, Bill.
A Message was brought from the House of Commons, by Mr. Attorney General and others:
To return the Bill, intituled, "An Act for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; and for indemnifying Offenders against those Laws, upon the Terms in this Act mentioned; and for Relief of Officers of the Customs, in Informations upon Seizures;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
Highlands disarming, &c. Bill.
A Message was brought from the House of Commons, by Mr. Wilkinson and others:
With a Bill, intituled, "An Act for the more effectual disarming The Highlands in Scotland, and for more effectually securing the Peace of the said Highlands; and for restraining the Use of the Highland Dress; and for indemnifying the Judges and other Officers of the Court of Justiciary in Scotland, for not performing the Northern Circuit in May One Thousand Seven Hundred and Forty-six;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the same be printed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum tertium diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 23o Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths, in order to sit on the Trials of the Three Peers.
The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, in order to their sitting on the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason; (videlicet),
Hugh Viscount Falmouth.
Edmund Lord Bishop of London.
Nicholas Lord Bishop of Exeter.
Highlands disarming, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual disarming The Highlands in Scotland, and for more effectually securing the Peace of the said Highlands; and for restraining the Use of the Highland Dress; and for indemnifying the Judges and other Officers of the Court of Justiciary in Scotland for not performing the Northern Circuit in May One Thousand Seven Hundred and Forty-six."
Ordered, That the said Bill be committed to a Committee of the whole House, on Friday next.
The Three Lords indicted of High Treason to be brought to Trial.
Ordered, That the Constable of His Majesty's Tower of London, or (in his Absence) the Lieutenant of the said Tower, or his Deputy, do bring to the Bar of this House, in Westminster-Hall, on Monday next, at Nine of the Clock in the Morning, the Bodies of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, now in his Custody; together with a Copy of the Precept of their respective Commitments, signed by the said Constable or Lieutenant.
To the Right Honourable Charles Lord Cornwallis, Constable of His Majesty's Tower of London, or, in his Absence, to the Lieutenant of the said Tower, or his Deputy.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum quartum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 24o Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths, in order to sit on the Trials of the Three Peers.
Philip Lord Hardwicke, Lord High Chancellor of Great Britain, singly, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, in order to his sitting on the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason.
The Lords following also did the same; (videlicet,)
William Duke of Devonshire, Lord Steward of the Household.
Charles Duke of Grafton, Lord Chamberlain of the Household.
Charles Duke of St. Albans.
Thomas Duke of Leeds.
Evelin Duke of Kingston.
William Duke of Portland.
Robert Duke of Manchester.
Henry Duke of Chandos.
Thomas Marquis of Rockingham.
Edward Earl of Derby.
Brownlowe Earl of Exeter.
John Earl of Westmorland.
Charles Earl of Peterborow and Monmouth.
Harry Earl of Stamford.
Francis Earl of Doncaster.
John Earl of Radnor.
Augustus Earl of Berkeley.
Henry Earl of Grantham.
William Earl of Sutherland.
James Earl of Moray.
William Earl of Home.
John Earl of Dunmore.
Charles Earl of Portmore.
Robert Earl of Ferrers.
George Earl of Macclesfield.
Thomas Earl of Pomfret.
Robert Earl Ker.
Thomas Earl of Effingham.
William Earl of Harrington, One of His Majesty's Principal Secretaries of State.
Price Viscount Hereford.
Charles Viscount Townshend.
William Viscount Hatton.
Joseph Lord Bishop of Rochester.
Edward Lord Bishop of Bath and Wells.
Richard Lord Willoughby de Broke.
Edward Lord Clifton.
William Lord Byron.
John Lord Ward.
Charles Lord Weston.
Allen Lord Bathurst.
Phipps against the E. of Anglesey; the Earl not entitled to Privilege.
The Earl of Warwick reported from the Lords Committees to whom was referred the Petition of Constantine Phipps, late of the Parish of St. George, HanoverSquare, and now of the City of Dublin, Esquire; praying Liberty to proceed in a Suit commenced by him, in the Court of Exchequer in Ireland, against Richard Earl of Anglesey and others, for an Accompt of the Rents and Profits of certain Estates belonging to the late Earls of Anglesey, for an Injunction, to restrain the Desendants from cutting down the Timber and other Trees growing on the said Estates, and committing Waste thereon, without incurring the Displeasure of this House; the said Earl insisting on his Privilege of Parliament: "That the Committee have considered the said Petition, as also the Answer of the said Earl put in thereunto; and heard Counsel, as well on Behalf of his Lordship as of the Petitioner; and read some Affidavits, taken before a Master of the Court of Chancery in that Kingdom, in relation to the cutting down Wood and Timber growing on the Estates before mentioned; and are of Opinion, That, under the Circumstances of this Case, the said Earl of Anglesey is not entitled to Privilege in the said Suit."
Which Report, being read Twice by the Clerk, was agreed to by the House; and ordered and declared accordingly.
Report of Committee concerning the Trials of the Three Peers; Methods of Proceeding.
The Lord Monson reported from the Lords Committees appointed to inspect the Journals of this House upon former Trials of Peers in Capital Cases, and to consider of proper Methods of Proceeding, in order to the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason: "That the Committee have taken into further Consideration the Matter to them referred, and have come to the following Resolutions; (videlicet,)
"That it is the Opinion of the Committee, That the Lords do keep their proper Places, in the Court in Westminster-Hall, during the said Trials.
"That it is the Opinion of the Committee, That all Proclamations to be made in the Court in WestminsterHall, during the said Trials, be made in the King's Name.
"That it is the Opinion of the Committee, That the Three Lords indicted of High Treason be brought to the Bar of the Court in Westminster-Hall, at the same Time, in order to be arraigned.
"That it is the Opinion of the Committee, That, in case the Three Lords indicted of High Treason should plead Guilty to their Indictments, the House be immediately adjourned to the Chamber of Parliament; but if One or more of the said Lords should plead Guilty, and the other Not Guilty, in that Case the Lord or Lords so pleading Guilty be forthwith remanded, in Custody of the Chief Governor of The Tower of London, to The Tower; and that the Trial of the other Lord or Lords pleading Not Guilty do proceed.
"That it is the Opinion of the Committee, That, on the Day appointed for the said Trials, and during the Continuance thereof, the Doors for Entrance into the Seats provided in Westminster Hall, for the Lords Tickets, be kept by the Door-keepers of this House, who are, at their Peril, to let none in but such as bring their Tickets with them; and that the said Door-keepers do take Care that the Places appropriated for the Peeresses and their Daughters be kept for them; and that Two Door-keepers do attend at each Door; and if the present Number of Doorkeepers is not sufficient for this Service, that the Gentleman Usher of the Black Rod do appoint a sufficient Number of Assistants for this Purpose; and that the said Doors be not opened, for the Admittance of any Person whatsoever into the said Seats, before Seven of the Clock in the Morning.
"That all the Constables of Westminster be required to attend, in The Palace Yards at Westminster, during the said Trials, to take Care that all Coaches whatsoever, when they have set down the Persons they bring, be turned away through The Old Palace Yard, and so to Abingdon Street, and from thence so that they cannot by any Way return through King-Street, until Three of the Clock in the Afternoon."
Which Report, being read Twice by the Clerk, was agreed to by the House; and ordered accordingly.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Epus. Roffen. Epus. Landavens. Epus. Bangor. |
Ds. Hardwicke, Cancellarius. Dux Dorset, Præses. Comes Gower, C. P. S. Dux Richmond. Dux Bolton. Dux Marlborough. Dux Rutland. Dux Argyll. Dux Ancaster & Kesteven, Magnus Camerarius Angl. Dux Manchester. March. Tweeddale. March. Lothian. March. Rockingham. Comes Pembroke. Comes Suffolk. Comes Exeter. Comes Northampton. Comes Warwick. Comes Stamford. Comes Winchilsea. Comes Aylesbury. Comes Burlington. Comes Litchfield. Comes Gainsborough. Comes Warrington. Comes Rochford. Comes Jersey. Comes Godolphin. Comes Findlater. Comes Stair. Comes Strafford. Comes Dartmouth. Comes Aylesford. Comes Halifax. Comes (fn. 2)Cowper. Comes Stanhope. Comes Macclesfield. Comes Graham. Comes Ker. Comes Fitzwalter. Comes Leicester. Comes Brooke. Viscount Say & Seale. Viscount Fauconberg. Viscount Weymouth. Viscount Cobham. Viscount Falmouth. Viscount Harcourt. Viscount Torrington. |
Ds. Dudley. Ds. Willoughby Br. Ds. Wentworth. Ds. Willoughby Par. Ds. North. Ds. St. John Blet. Ds. Berkeley Str. Ds. Craven. Ds. Hervey. Ds. Somerville. Ds. Hay. Ds. Mansel. Ds. Trevor. Ds. Foley. Ds. Bathurst. Ds. Onslow. Ds. Cadogan. Ds. Ducie. Ds. King. Ds. Monson. Ds. Talbot. Ds. Montfort. Ds. Ilchester. Ds. Chedworth. Ds. Fitzwilliam. Ds. Sandys. Ds. Herbert. |
PRAYERS.
Lords take the Oaths, in order to sit on the Trials of the Three Peers.
The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, in order to their sitting on the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason; the Earl of Halifax having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined:
John Earl Gower, Lord Privy Seal.
Charles Duke of Beaufort.
Charles Duke of Bolton.
Charles Duke of Marlborough.
John Duke of Rutland.
Henry Earl of Pembroke & Montgomery.
Henry Earl of Suffolk and Berkshire.
James Earl of Northampton.
Charles Earl of Ailesbury.
Richard Earl of Burlington.
Henry Earl of Litchfield.
Baptist Earl of Gainsborough.
William Earl of Rochford.
William Earl of Jersey.
Francis Earl of Godolphin.
John Earl of Stair.
William Earl of Strafford.
William Earl of Dartmouth.
Heneage Earl of Aylesford.
George Earl of Halifax.
William Earl Cowper.
Benjamin Earl Fitzwalter.
Thomas Earl of Leicester.
Francis Earl Brooke.
Richard Viscount Say and Seale.
Thomas Viscount Fauconberg.
Thomas Viscount Weymouth.
Richard Viscount Cobham.
Simon Viscount Harcourt.
Edward Lord Wentworth.
John Lord St. John de Blet.
Fulwar Lord Craven.
George Lord Hay.
Bussy Lord Mansel.
Thomas Lord Trevor.
Richard Lord Onslow.
Mathew Lord Ducie.
Peter Lord King.
William Lord Talbot.
Stephen Lord Ilchester.
Henry Lord Montfort.
William Lord Fitzwilliam.
Henry Lord Herbert.
Highlands disarming, &c. Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual disarming The Highlands in Scotland; and for more effectually securing the Peace of the said Highlands; and for restraining the Use of the Highland Dress; and for indemnifying the Judges and other Officers of the Court of Justiciary in Scotland, for not performing the Northern Circuit in May One Thousand Seven Hundred and Forty-six."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had made a Progress in the said Bill; and desired another Time might be appointed, for the House to be in a Committee again thereupon."
Ordered, That the House be put into a Committee again on the said Bill, on Wednesday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, vicesimum sextum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 26o Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths, in order to sit on the Trials of the Three Peers.
Willoughby Earl of Abingdon and Herbert Lord Montjoy took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, in order to their sitting on the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum octavum diem instantis Julii, hora nona Auroræ, Dominis sic decernentibus.
DIE Lunæ, 28o Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. Clinton introduced:
Hugh Lord Clinton, being, by Letters Patent, dat. 5o Julii, 20o Georgii 2di, created Baron Fortescue of Castle-Hill in the County of Devon, and Earl Clinton, was (in his Robes) introduced, between the Earl of Warwick and the Earl of Sandwich (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain, preceding.
The said Earl, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table;
His Writ of Summons was also read, as follows; (videlicet,)
His Writ of Summons.
"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved Cousin Hugh Earl Clinton, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Fifth Day of July, in the Twentieth Year of Our Reign.
"Bisse."
Lords take the Oaths, in order to sit on the Trials of the Three Peers.
The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, in order to their sitting on the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason; (videlicet,)
John Duke of Montagu.
James Earl of Salisbury.
John Earl of Sandwich.
Richard Earl of Anglesey.
Anthony Earl of Shaftesbury.
Philip Earl of Harborough.
Hugh Earl of Clinton.
Henry Viscount Lonsdale.
John Viscount St. John.
Isaac Lord Bishop of Worcester.
John Lord Delawar.
Francis Lord Conway.
Robert Lord Romney.
Which done;
The said Earl Clinton was placed, in his due Place, on the Earls Bench.
The House called over, previous to the Trials beginning.
This Day being appointed, to proceed to the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino:
Garter King at Arms was permitted to come to the Table.
And the House was called over, beginning with the lowest Baron; the Clerk setting down the Names of those Lords who were absent; and the said King at Arms marking in a List the Lords that were present.
The Names of the absent Lords are as follow; (videlicet,)
Francis Lord Middleton.
John Lord Boyle.
Gilbert Lord Bernard.
Edward Lord Stawell.
Thomas Lord Leigh.
Charles Lord Maynard.
William Lord Hunsdon.
Algernon Lord Percy.
Henry Lord Bishop of Hereford.
Richard Lord Bishop of St. Davids.
Thomas Lord Bishop of Lincoln.
Matthias Lord Bishop of Chichester.
Joseph Lord Bishop of Bristol.
Thomas Lord Bishop of Norwich.
Thomas Lord Bishop of Oxford.
Martin Lord Bishop of Gloucester.
George Lord Bishop of Carlisle.
Robert Lord Bishop of Ely.
Thomas Lord Bishop of Sarum.
Samuel Lord Bishop of Chester.
Robert Lord Bishop of Peterborough.
Richard Lord Bishop of Litchfield and Conventry.
Benjamin Lord Bishop of Winchester.
Edward Lord Bishop of Durham.
John Earl of Portsmouth.
John Earl of Bristol.
Heneage Earl of Aylesford.
Henry Earl of Uxbridge.
Edward Earl of Oxford and Mortimer.
John Earl of Hyndford.
John Earl of Breadalbane.
John Earl of Loudoun.
James Earl of Morton.
John Earl of Craufurd.
William Earl of Coventry.
William Earl of Albemarle.
Richard Earl of Bradford.
Robert Earl of Holdernesse.
Henry Earl of Carlisle.
George Earl of Cardigan.
Henry Earl of Clarendon and Rochester.
William Earl of Denbigh.
Theophilus Earl of Huntingdon.
William Duke of Cleveland and Southampton.
Charles Duke of Somerset.
Thomas Lord Archbishop of York.
John Lord Archbishop of Canterbury.
His Royal Highness William Duke of Cumberland.
His Royal Highness Frederick Prince of Wales.
Then the House was adjourned into Westminster-Hall; whither the Officers, Attendments, Peers Eldest Sons, Minor Peers, and Lords, went in the Order directed; Garter King at Arms calling them in their due Places, by his List.
And the Lords being come thither, and seated;
And the House resumed:
The Clerks of the Crown, both in Chancery and King's Bench, presented the Commission under the Great Seal, for Lord High Steward, to the Lord Chancellor, sitting upon the Woolsack.
Which (after Proclamation made for Silence) was read, at the Table, by the Clerk of the Crown in the King's Bench (all the Lords standing up uncovered), as follows:
Commission appointing Ld. Hardwicke Lord High Steward.
"GEORGE R.
"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; to Our Right Trusty and Well-beloved Counsellor Philip Lord Hardwicke, Baron of Hardwicke in our County of Glocuester, Our Chancellor of Great Britain, Greeting. Know ye, That whereas William Earl of Kilmarnock late of the City of Carlisle in Our County of Cumberland, George Earl of Cromertie late of the Town of Perth in the Shire of Perth, and Arthur Lord Balmerino late of the said City of Carlisle in Our said County of Cumberland, stand severally indicted before Our Justices and Commissioners assigned and constituted by Our Letters Patent under Our Great Seal of Great Britain, bearing Date the 5th Day of June, in the Nineteenth Year of Our Reign, by virtue and according to the Form of the Statute made in this Our present Parliament, intituled, "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy, War against His Majesty; and for the better ascertaining the Qualifications of Jurors, in Trials for High Treason, of Misprison of Treason, in that Part of Great Britain called Scotland," made to them, and to any Three or more of them, to deliver Our Gaol of Our County of Surry of the Prisoners therein being, or such as shall or may be detained in the same on or before the First Day of January in the Year of our Lord One Thousand Seven Hundred and Forty-six, for or on account of the High Treason mentioned in the said Act, in levying War against Us within this Realm; and to inquire, by the Oath of good and lawful Men of the same County, of all such High Treasons, in levying War against us within this Realm, by the said Prisoners, or any of them, or by any other Person or Persons who are now in actual Custody for or on account of the same, or who are or shall be guilty of High Treason, in levying War against Us within this Realm, and shall be apprehended and imprisoned for the same on or before the said First Day of January in the said Year of our Lord One Thousand Seven Hundred and Forty-six; and the same Treasons to hear and determine, according to the Form of the said Statute, by the Oath of Twelve Jurors, good and lawful Men of the said County of Surry, of High Treason, by them the said William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, committed and perpetrated, in levying War against Us within this Realm: And, considering that Justice is an excellent Virtue, and pleasing to the Most High; and being willing that the said William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, should be heard, examined, sentenced, and adjudged, before Us, in this Our present Parliament, touching and concerning the said High Treason, whereof they stand severally indicted as aforesaid, and that all other Things which are necessary in this Behalf should be in due Manner done and executed: And for that the Office of Steward of Great Britain (whose Presence is required upon this Occasion) is now vacant (as We are informed); We, very much considing in your Fidelity, Prudence, provident Circumspection, and Industry, have, for this Cause, ordained and constituted you Steward of Great Britain, to bear, execute, and exercise (for this Time) the said Office, with all Things due and belonging to the same Office in this Behalf. And therefore We command you, that you diligently set about the Premises; and (for this Time) do exercise and execute with Effect all those Things which belong to the Office of Steward of Great Britain, and which are required in this Behalf. In Witness whereof, We have caused these Our Letters to be made Patent.
"Witness Ourself, at Westminster, the Twentyeighth Day of July, in the Twentieth Year of Our Reign.
"Bisse.
"By the King Himself, signed with His own Hand."
Which being ended:
The Serjeant at Arms said,
"God bless the King!"
Then the Lord High Steward took his Place on the Chair placed for that Purpose before the State; and Garter King at Arms and the Gentleman Usher of the Black Rod, upon their Knees, presented him with his Staff.
Which done;
Certiorari and Indictments against the Three Peers read.
The Writ of Certiorari, for removing the Indictments found against William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, the Return thereof, and the said Indictments, were read, by the Clerk of the Crown in the King's Bench, as follow:
"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith. To Our Justices and Commissioners assigned and constituted by Our Letters Patent under Our Great Seal of Great Britain, made to them, and to any Three or more of them, to deliver Our Gaol of Our County of Surry of the Prisoners therein being, or such as shall or may be detained in the same on or before the First Day of January in the Year of Our Lord One Thousand Seven Hundred and Forty-six, for or on account of the High Treason mentioned in the Statute made in this Our present Parliament, intituled, "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy, War against His Majesty; and for the better ascertaining the Qualifications of Jurors, in Trials for High Treason, or Misprision of Treason, in that Part of Great Britain called Scotland, in levying War against us within this Realm;" and to inquire, by the Oath of good and lawful Men of the same County, of all such High Treasons, in levying War against Us within this Realm, by the said Prisoners, or any of them, or by any other Person or Persons who are now in actual Custody for or on account of the same, or who are or shall be guilty of High Treason, in levying War against Us within this Realm, and shall be apprehended and imprisoned for the same on or before the said First Day of January in the said Year of Our Lord One Thousand Seven Hundred and Forty-six; and the same Treasons to hear and determine, according to the Form of the said Statute, and to every of them, Greeting. We command you, and every of you, that all and singular Indictments for High Treason, in levying War against Us within this Realm, whereof William Earl of Kilmarnock late of the City of Carlisle in the County of Cumberland, Arthur Lord Balmerino late of the same Place, and George Earl of Cromertie late of the Town of Perth in the Shire of Perth, stand severally indicted before you, in Our said County of Surry, which said Indictments now remain in your Power, or in the Power of some or One of you, with all Things touching the same, as fully and perfectly as the same were taken before you, by what Names, Styles, or Titles soever, the said William Earl of Kilmarnock, Arthur Lord Balmerino, and George Earl of Cromertie, may be called or distinguished in the same, you do, without Delay, deliver, under your Seals, or the Seals or Seal of some or One of you, to Us in this Our present Parliament, together with this Writ.
"Witness Ourself, at Westminster, the Twentyfifth Day of June, in the Twentieth Year of Our Reign.
"Bisse".
"By virtue of this Writ, to us and others our Fellows directed, we do deliver the within mentioned Indictments for High Treason, whereof the within named William Earl of Kilmarnock, Arthur Lord Balmerino, and George Earl of Cromertie, stand severally indicted; which said Indictments lately remained before us and others our Fellows, but are now annexed to this Writ, with all Things touching the same as fully and perfectly as the same were lately taken before us and others our Fellows, to our present Sovereign Lord the King in this present Parliament, together with this Writ, according to the Form of the said Writ, as we are within commanded.
"The Answer of Sir William Lee Knight, Sir John Willes Knight, and Sir Thomas Parker Knight, Three of the Justices and Commissioners within mentioned.
"W. Lee.
J. Willes.
T. Parker.
"Surry. Be it remembered, that, at a Special Session of Oyer and Terminer and Gaol Delivery of our Sovereign Lord the King, of and for the County of Surry, holden at the Borough of Southwark, in the said County, on Monday the Twenty-third Day of June, in the Twentieth Year of the Reign of our said present Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, before Sir William Lee Knight Chief Justice of our said present Sovereign Lord the King appointed to hold Pleas before the King Himself, Sir John Willes Knight Chief Justice of the Court of Common Pleas, Sir Martin Wright Knight One of the Justices appointed to hold Pleas before the King Himself, Sir James Reynolds Knight One of the Barons of the Court of Exchequer, Sir Thomas Abney Knight One of the Justices of the said Court of Common Pleas, Sir Thomas Burnett Knight One other of the Justices of the said Court of Common Pleas, Charles Clarke Esquire One other of the Barons of the said Court of Exchequer, Edward Clive Esquire One other of the Barons of the said Court of Exchequer, Sir Thomas Deveil Knight, and Peter Theobalds Esquire, and others their Fellows, Justices and Commissioners of our said present Sovereign Lord the King, assigned by Letters Patent of our said present Sovereign Lord the King, under His Great Seal of Great Britain, made by virtue of the Statute made in this present Parliament, intituled, "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy, War against His Majesty; and for the better ascertaining the Qualifications of Jurors in Trials for High Treason, or Misprision of Treason in that Part of Great Britain called Scotland," to the said Justices and Commissioners above named, and others, and to any Three or more of them (of whom our said present Sovereign Lord the King willed that any of them the said Sir William Lee, Sir John Willes, Sir Martin Wright, Sir James Reynolds, Sir Thomas Abney, Sir Thomas Burnett, Charles Clarke, Edward Clive, and Sir Thomas Deveil, and others in the same Letters Patent named and appointed, should be One), to deliver the Gaol of the said County of the Prisoners therein being, or such as shall or may be detained in the same on or before the First Day of January in the Year of our Lord One Thousand Seven Hundred and Forty-six, for or on account of the High Treason mentioned in the said Statute, in levying War against our said present Sovereign Lord the King, within this Realm; and to inquire, by the Oath of good and lawful Men of the same County, of all such High Treasons, in levying War against our said present Sovereign Lord the King within this Realm, by the said Prisoners, or any of them, or by any other Person or Persons who are now in actual Custody for or on account of the same, or who are or shall be guilty of High Treason, in levying War against our said present Sovereign Lord the King, within this Realm, and shall be apprehended and imprisoned for the same on or before the said First Day of January in the said Year of our Lord One Thousand Seven Hundred and Forty-six; and the same High Treasons to hear and determine, according to the Form of the said Statute, by the Oath of Sir William Richardson of Bermondsey Knight, Sir Abraham Shard of Kennington Knight, Sir Thomas Hankey of Clapham Knight, Sir Peter Thompson of Bermondsey Knight, Josias Wordsworth of Adscomb Esquire, Percival Lewis of Putney Esquire, Samuel Atkinson of Croydon Esquire, John Copeland of Camberwell Esquire, Charles Hoskins of Croydon Esquire, Joseph Creswick of Stretham Esquire, William Clarke of Southwarke Esquire, Joseph Willoughby of Croydon Esquire, Thomas Bevois of Bermondsey Esquire, Elias Bird of Rotherbith Esquire, Thomas Tarrant of Southwarke Esquire, Edward Steavens of Southwarke Esquire, Henry Robinson of Wandsworth Esquire, John Heathfield of Croydon Esquire, Nathaniel Green of Southwarke Esquire, Isaac Eeles of Lambeth Esquire, John Smith of Lambeth Esquire, Hammett Richardson of Bermondsey Esquire, and Samuel Nicholson of Croydon Esquire, good and lawful Men of the said County, being then and there sworn and charged to inquire for our said present Sovereign Lord the King, touching and concerning the Premises in the said Letters Patent mentioned, it is presented, that the Bill of Indictment to this Schedule annexed is a true Bill."
"Surry. The Jurors for our present Sovereign Lord the King, upon their Oath, present, That William Earl of Kilmarnock late of the City of Carlisle in the County of Cumberland, being a Subject of our said present most Serene Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, not having the Fear of God in his Heart, nor having any Regard for the Duty of his Allegiance, but being moved and seduced by the Instigation of the Devil, as a false Traitor and Rebel against our said present Sovereign Lord the King, his supreme, true, natural, lawful, and undoubted Sovereign Lord, entirely withdrawing that cordial Love, and that true and due Obedience, Fidelity, and Allegiance, which every Subject of our said present Sovereign Lord the King should and of Right ought to bear towards our said present Sovereign Lord the King; and also devising, and (as much as in him lay) most wickedly and traiterously intending, to change and subvert the Rule and Government of this Kingdom, duly and happily established under our said present Sovereign Lord the King, and also to depose and deprive our said present Sovereign Lord the King of His Title, Honour, and Royal State, and of His Imperial Rule and Government of this Kingdom; and also to put and bring our said present Sovereign Lord the King to Death and final Destruction, and to raise and exalt the Person pretended to be Prince of Wales during the Life of James the Second late King of England and so forth and since the Decease of the said late King pretending to be and taking upon himself the Style and Title of King of England by the Name of James the Third, to the Crown, and to the Royal State and Dignity of King, and to the Imperial Rule and Government of this Kingdom; upon the Tenth Day of November, in the Nineteenth Year of the Reign of our said present Sovereign Lord the King, at the City of Carlisle aforesaid, in the County of Cumberland aforesaid, with a great Multitude of Traitors and Rebels against our said present Sovereign Lord the King, (to wit,) to the Number of Three Thousand Persons (whose Names are as yet unknown to the said Jurors), being armed and arrayed in a warlike and hostile Manner, (to wit,) with Colours displayed, Drums beating, Pipes playing, and with Swords, Clubs, Guns, Pistols, and divers other Weapons, as well offensive as defensive, with Force and Arms, did falsely and traiterously assemble and join himself against our said present Sovereign Lord the King; and then and there, with Force and Arms, did falsely and traiterously, and in a warlike and hostile Manner, array and dispose himself against our said present Sovereign Lord the King; and then and there, with Force and Arms, in Pursuance and Execution of such his wicked and traiterous Intentions and Purposes aforesaid, did falsely and traiterously prepare, order, wage, and levy, a public and cruel War against our said present Sovereign Lord the King, then and there committing and perpetrating a miserable and cruel Slaughter of and amongst the faithful Subjects of our said present Sovereign Lord the King; and also then and there, during the said War, with Force and Arms, did, with the said Traitors and Rebels so assembled, armed and arrayed as aforesaid, falsely and traiterously, against the Will of our said present Sovereign Lord the King enter into, and take Possession of, the said City of Carlisle and the Castle thereto belonging within the same City (the said City and Castle being a City and Castle of our said present Sovereign Lord the King); and the said City and Castle with Force and Arms then and there did falsely and traiterously possess, hold, keep, maintain, and defend, against our said present Sovereign Lord the King, against the Duty of his Allegiance, against the Peace of our said present Sovereign Lord the King, His Crown and Dignity, and also against the Form of the Statute in such Case made and provided.
"A true Bill.
"Witnesses,
David Gray.
John Vere.
James Berclay.
Hugh Douglass.
Samuel Maddock.
Charles Campbell Esquire.
"Sworn in Court." Surry. Be it remembered, that, at a Special Session of Oyer and Terminer and Gaol Delivery of our Sovereign Lord the King, of and for the County of Surry, holden at the Borough of Southwark, in the said County, on Monday the Twenty-third Day of June, in the Twentieth Year of the Reign of our said present Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, before Sir William Lee Knight Chief Justice of our said present Sovereign Lord the King appointed to hold Please before the King Himself, Sir John Willes Knight Chief Justice of the Court of Common Pleas, Sir Martin Wright Knight One of the Justices appointed to hold Pleas before the King Himself, Sir James Reynolds Knight One of the Barons of the Court of Exchequer, Sir Thomas Abney Knight One of the Justices of the said Court of Common Pleas, Sir Thomas Burnett Knight One other of the Justices of the said Court of Common Pleas, Charles Clarke Esquire One other of the Barons of the said Court of Exchequer, Edward Clive Esquire One other of the Barons of the said Court of Exchequer, Sir Thomas Deveil Knight, and Peter Theobalds Esquire, and others their Fellows, Justices and Commissioners of our said present Sovereign Lord the King, assigned by Letters Patent of our said present Sovereign Lord the King, under his Great Seal of Great Britain, made by Virtue of the Statute made in this present Parliament, intituled, "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy, War against His Majesty; and for the better ascertaining the Qualifications of Jurors, in Trials for High Treason, or Misprision of Treason, in that Part of Great Britain called Scotland," to the said Justices and Commissioners abovenamed and others, and to any Three or more of them (of whom our said present Sovereign Lord the King willed that any of them the said Sir William Lee, Sir John Willes, Sir Martin Wright, Sir James Reynolds, Sir Thomas Abney, Sir Thomas Burnett, Charles Clarke, Edward Clive, and Sir Thomas Deveil, and others, in the same Letters Patent named and appointed, should be One), to deliver the Gaol of the said County of the Prisoners therein being, or such as shall or may be detained in the same on or before the First Day of January in the Year of our Lord One Thousand Seven Hundred and Forty-six, for or on account of the High Treason mentioned in the said Statute, in levying War against our said present Sovereign Lord the King, within this Realm; and to inquire, by the Oath of good and lawful Men of the same County, of all such High Treasons, in levying War against our said present Sovereign Lord the King, within this Realm, by the said Prisoners, or any of them, or by any other Person or Persons who are now in actual Custody for or on account of the same, or who are or shall be guilty of High Treason, in levying War against our said present Sovereign Lord the King, within this Realm, and shall be apprehended and imprisoned for the same on or before the First Day of January in the said Year of our Lord One Thousand Seven Hundred and Forty-six; and the same High Treasons to hear and determine, according to the Form of the said Statute, by the Oath of Sir William Richardson of Bermondsey Knight, Sir Abraham Shard of Kennington Knight, Sir Thomas Hankey of Clapham Knight, Sir Peter Thompson of Bermondsey Knight, Josias Wordsworth of Adscomb Esquire, Percival Lewis of Putney Esquire, Samuel Atkinson of Croydon Esquire, John Copeland of Camberwell Esquire, Charles Hoskins of Croydon Esquire, Joseph Creswick of Stretham Esquire, William Clarke of Southwarke Esquire, Joseph Willoughby of Croydon Esquire, Thomas Bevois of Bermondsey Esquire, Elias Bird of Rotherhith Esquire, Thomas Tarrant of Southwarke Esquire, Edward Steavens of Southwarke Esquire, Henry Robinson of Wandsworth Esquire, John Heathfield of Croydon Esquire, Nathaniel Green of Southwarke Esquire, Isaac Eeles of Lambeth Esquire, John Smith of Lambeth Esquire, Hammett Richardson of Bermondsey Esquire, and Samuel Nicholson of Croydon Esquire, good and lawful Men of the said County, being then and there sworn and charged to inquire for our said present Sovereign Lord the King, touching and concerning the Premises in the said Letters Patent mentioned, it is presented, that the Bill of Indictment to this Schedule annexed is a true Bill."
"Surry. The Jurors for our present Sovereign Lord the King, upon their Oath, present, That George Earl of Cromertie, late of the Town of Perth in the Shire of Perth, being a Subject of our said present most Serene Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, not having the Fear of God in his Heart, nor having any Regard for the Duty of his Allegiance, but being moved and seduced by the Instigation of the Devil, as a false Traitor and Rebel against our said present Sovereign Lord the King, his supreme, true, natural, lawful, and undoubted Sovereign Lord, entirely withdrawing that cordial Love, and that true and due Obedience, Fidelity, and Allegiance, which every Subject of our said present Sovereign Lord the King should and of Right ought to bear towards our said present Sovereign Lord the King; and also devising, and (as much as in him lay) most wickedly and traiterously intending, to change and subvert the Rule and Government of this Kingdom, duly and happily established under our said present Sovereign Lord the King and also to depose and deprive our said present Sovereign Lord the King, of His Title, Honour, and Royal State, and of His Imperial Rule and Government of this Kingdom; and also to put and bring our said present Sovereign Lord the King to Death and final Destruction, and to raise and exalt the Person pretended to be Prince of Wales during the Life of James the Second late King of England and so forth, and since the Decease of the said late King pretending to be and taking upon himself the Style and Title of King of England by the Name of James the Third, to the Crown, and to the Royal State and Dignity of King, and to the Imperial Rule and Government of this Kingdom, upon the First Day of December, in the Nineteenth Year of the Reign of our said present Sovereign Lord the King, at the Town of Perth aforesaid, in the said Shire of Perth, with a great Multitude of Traitors and Rebels, against our said present Sovereign Lord the King, (to wit,) to the Number of One Thousand Persons (whose Names are as yet unknown to the said Jurors), being armed and arrayed in a warlike and hostile Manner, (to wit,) with Colours displayed, Drums beating, Pipes playing, and with Swords, Clubs, Guns, Pistols, and divers other Weapons, as well offensive as defensive, with Force and Arms, did falsely and traiterously assemble, and join himself against our said present Sovereign Lord the King; and then and there, with Force and Arms, did falsely and traiterously, and in a warlike and hostile Manner, array and dispose himself against our said present Sovereign Lord the King; and then and there, with Force and Arms, in Pursuance and Execution of such his wicked and traiterous Intentions and Purposes aforesaid, did falsely and traiterously prepare, order, wage, and levy, a public and cruel War against our said present Sovereign Lord the King, then and there committing and perpetrating a miserable and cruel Slaughter of and amongst the faithful Subjects of our said present Sovereign Lord the King; and also then and there, during the said War, with Force and Arms, did, with the said Traitors and Rebels so assembled, armed and arrayed as aforesaid, falsely and traiterously, against the Will of our said present Sovereign Lord the King, enter into, and take Possession of, the said Town of Perth (the said Town being a Town of our said present Sovereign Lord the King); and the said Town with Force and Arms then and there did falsely and traiterously possess, hold, keep, maintain, and defend, against our said present Sovereign Lord the King, against the Duty of his Allegiance, against the Peace of our said present Sovereign Lord the King, His Crown and Dignity, and also against the Form of the Statute in such Case made and provided.
"A true Bill.
Witnesses,
Hugh Ross.
David Gray.
John Mckay.
James Logie.
Sworn in Court."
"Surry. Be it remembered, that, at a Special Session of Oyer and Terminer and Gaol Delivery of our Sovereign Lord the King, of and for the County of Surry, holden at the Borough of Southwark, in the said County, on Monday the Twenty-third Day of June, in the Twentieth Year of the Reign of our said present Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, before Sir William Lee Knight Chief Justice of Our said present Sovereign Lord the King appointed to hold Pleas before the King Himself, Sir John Willes Knight Chief Justice of the Court of Common Pleas, Sir Martin Wright Knight One of the Justices appointed to hold Pleas before the King Himself, Sir James Reynolds Knight One of the Barons of the Court of Exchequer, Sir Thomas Abney Knight One of the Justices of the said Court of Common Pleas, Sir Thomas Burnett Knight One other of the Justices of the said Court of Common Pleas, Charles Clarke Esquire One other of the Barons of the said Court of Exchequer, Edward Clive Esquire One other of the Barons of the said Court of Exchequer, Sir Thomas Deveil Knight, and Peter Theobalds Esquire, and others their Fellows, Justices and Commissioners of our said present Sovereign Lord the King, assigned by Letters Patent of our said present Sovereign Lord the King, under His Great Seal of Great Britain, made by virtue of the Statute made in this present Parliament, intituled, "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy, War against His Majesty; and for the better ascertaining the Qualifications of Jurors in Trials for High Treason or Misprision of Treason, in that Part of Great Britain called Scotland," to the said Justices and Commissioners above-named, and others, and to any Three or more of them (of whom our said present Sovereign Lord the King willed, that any of them the said Sir William Lee, Sir John Willes, Sir Martin Wright, Sir James Reynolds, Sir Thomas Abney, Sir Thomas Burnett, Charles Clarke, Edward Clive, and Sir Thomas Deveil, and others, in the same Letters Patent named and appointed shall be One), to deliver the Gaol of the said County of the Prisoners therein being, or such as shall or may be detained in the same on or before the First Day of January in the Year of our Lord One Thousand Seven Hundred and Forty-six, for or on account of the High Treason mentioned in the said Statute; in levying War against our said present Sovereign Lord the King, within this Realm; and to inquire, by the Oath of good and lawful Men of the same County, of all such High Treasons, in levying War against our said present Sovereign Lord the King, within this Realm, by the said Prisoners, or any of them, or by any other Person or Persons who are now in actual Custody for or on account of the same, or who are or shall be guilty of High Treason, in levying War against our said present Sovereign Lord the King, within this Realm, and shall be apprehended and imprisoned for the same on or before the said First Day of January in the said Year of our Lord One Thousand Seven Hundred and Forty-six; and the same High Treason to hear and determine, according to the Form of the said Statute, by the Oath of Sir William Richardson of Bermondsey Knight, Sir Abraham Shard of Kennington Knight, Sir Thomas Hankey of Clapham Knight, Sir Peter Thompson of Bermondsey Knight, Josias Wordsworth of Adscomb Esquire, Percival Lewis of Putney Esquire, Samuel Atkinson of Croydon Esquire, John Copeland of Camberwell Esquire, Charles Hoskins of Croydon Esquire, Joseph Creswick of Stretham Esquire, William Clarke of Southwarke Esquire, Joseph Willoughby of Croydon Esquire, Thomas Bevois of Bermondsey Esquire, Elias Bird of Rotherhith Esquire, Thomas Tarrant of Southwarke Esquire, Edward Steavens of Southwarke Esquire, Henry Robinson of Wandsworth Esquire, John Heathfield of Croydon Esquire, Nathaniel Green of Southwarke Esquire, Isaac Eeles of Lambeth Esquire, John Smith, of Lambeth Esquire, Hammett Richardson of Bermondsey Esquire, and Samuel Nicholson of Croydon Esquire, good and lawful Men of the said County, being then and there sworn and charged to inquire for our said present Sovereign Lord the King, touching and concerning the Premises in the said Letters Patent mentioned, it is presented, that the Bill of Indictment to this Schedule annexed is a true Bill."
"Surry. The Jurors for our present Sovereign Lord the King, upon their Oath, present, That Arthur Lord Balmerino, late of the City of Carlisle in the County of Cumberland, being a Subject of our said present most Serene Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, not having the Fear of God in his Heart, nor having any Regard to the Duty of his Allegiance, but being moved and seduced by the Instigation of the Devil, as a false Traitor and Rebel against our said present Sovereign Lord the King, his supreme, true, natural, lawful, and undoubted Sovereign Lord, entirely withdrawing that cordial Love, and that true and due Obedience, Fidelity, and Allegiance, which every Subject of our said present Sovereign Lord the King should and of Right ought to bear towards our said present Sovereign Lord the King; and also devising, and (as much as in him lay) most wickedly and traiterously intending, to change and subvert the Rule and Government of this Kingdom, duly and happily established under our said present Sovereign Lord the King; and also to depose and deprive our said present Sovereign Lord the King of His Title, Honour, and Royal State, and of His Imperial Rule and Government of this Kingdom; and also to put and bring our said present Sovereign Lord the King to Death and final Destruction, and to raise and exalt the Person pretended to be Prince of Wales during the Life of James the Second late King of England and so forth, and since the Decease of the said late King pretending to be and taking upon himself the Style and Title of King of England by the Name of James the Third, to the Crown, and to the Royal State and Dignity of King, and to the Imperial Rule and Government of this Kingdom, upon the Tenth Day of November, in the Nineteenth Year of the Reign of our said present Sovereign Lord the King, at the City of Carlisle aforesaid, in the County of Cumberland aforesaid, with a great Multitude of Traitors and Rebels against our said present Sovereign Lord the King, (to wit,) to the Number of Three Thousand Persons (whose Names are as yet unknown to the said Jurors), being armed and arrayed in a warlike and hostile Manner, (to wit,) with Colours displayed, Drums beating, Pipes playing, and with Swords, Clubs, Guns, Pistols, and divers other Weapons, as well offensive as defensive, with Force and Arms, did falsely and traiterously assemble and join himself against our said present Sovereign Lord the King; and then and there, with Force and Arms, did falsely and traiterously, and in a warlike and hostile Manner, array and dispose himself against our said present Sovereign Lord the King; and then and there, with Force and Arms, in Pursuance and Execution of such his wicked and traiterous Intentions and Purposes aforesaid, did falsely and traiterously prepare, order, wage, and levy, a public and cruel War against our said present Sovereign Lord the King, then and there committing and perpetrating a miserable and cruel Slaughter of and amongst the faithful Subjects of our said present Sovereign Lord the King; and also then and there, during the said War, with Force and Arms, did with the said Traitors and Rebels so assembled, armed, and arrayed as aforesaid, falsely and traiterously, against the Will of our said present Sovereign Lord the King, enter into, and take Possession of, the said City of Carlisle and the Castle thereto belonging within the same City (the said City and Castle being a City and Castle of our said present Sovereign Lord the King); and the said City and Castle, with Force and Arms, then and there did falsely and traiterously possess, hold, keep, maintain, and defend, against our said present Sovereign Lord the King, against the Duty of his Allegiance, against the Peace of our said Sovereign Lord the King, His Crown and Dignity, and also against the Form of the Statute in such Case made and provided.
"A true Bill.
"Witnesses,
Hugh Douglass.
John Vere.
James Berclay.
David Gray.
James Logie.
Sworn in Court."
The Lord High Steward asked Leave for the Judges to be covered.
Which was granted.
The Three Lords brought to the Bar:
Next, Proclamation was made, for the Lieutenant of The Tower of London to bring to the Bar the Bodies of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, together with the Copy of the Precept of their Commitment.
Who, being brought accordingly, kneeled until the Lord High Steward acquainted them they might rise.
Which done;
The Lord High Steward said,
Ld. High Steward's Speech:
"William Earl of Kilmarnock,
"George Earl of Cromertie,
"Arthur Lord Balmerino,
"Your Lordships are brought before the most August Judicature in this Kingdom, in order to receive your several Trials, upon different Charges of High Treason against you, returned before this House.
"As the Crimes whereof you stand accused are of the most heinous Nature; so the Accusations against you are grounded upon no Ilight Foundations. They are no less than Indictments for levying War, and raising a Rebellion, against His Majesty, found by a Grand Jury of Gentlemen of great Worth and Consideration in the County of Surry, upon Evidence produced before them.
"But, though your Charge is thus weighty and solemn, it is still but a Charge, and open to all such Defences as the Circumstances of your several Cases, and the Rules of Law and Justice, will admit.
"The Law is the solid Basis and Support of the King's Throne. It is the great Bulwark of the Property, the Liberty, and Life, of every Subject; and it is the Security of the Privileges and Honours of the Peerage: By this Measure, which is uniform and equal to every Member of the Community, your Actions, which are now called in Question, are this Day to be examined and judged.
"If your Lordships are innocent, this will be one Ground of a reasonable Confidence in your present unhappy Circumstances. But to this Consideration, your own Thoughts cannot sail to add another: I mean, that the Rules of this Law are to be expounded and dispensed to you by this Illustrious Assembly, the whole Body of the Peers of Great Britain; in whose noble and discerning Minds, nothing can have Weight but Evidence and Justice; Guilt alone can take Place against you, and Innocence alone can acquit you.
"Your First Consideration will be, what Pleas to put in to these Indictments: If your Lordships shall put yourselves upon your Trials, you may rest assured, from the Motives I have already mentioned, that they will be legal, fair, and impartial. And as you stand here to answer for your Estates, your Lives, your Honours, and your Posterity, it is incumbent upon you to recollect yourselves, and to call up all those Succours of Reason, Discretion, and Temper, which you are Masters of.
"There is a Circumstance in your Case, which is new, and makes it unnecessary for me to say much by Way of Admonition concerning your Defence. Your Lordships are the First of your Rank and Quality who have been brought to Trial, upon Indictments for High Treason, since the Act made in the Reign of our great Deliverer King William the Third, for regulating Trials, in Cases of High Treason, or Misprision of Treason.
"It has been the peculiar Happiness of this Nation, since the Revolution, that our Princes have had that Considence in the Affections of their People, and the Interests of both are become so evidently the same that the Regal Sanction has, since that Period, been graciously granted to Laws for the Security of the Subject, which were in vain wished for in former Reigns.
"However injuriously that Revolution has been traduced; whatever Attempts have been made to subvert this happy Establishment founded upon it; your Lordships will now have the Benefit of that Law in its full Extent.
"Before I conclude, I am, by Command of the House, to acquaint your Lordships, and all other Persons who shall have Occasion to speak to the Court during these Trials, that they are to address themselves to the Lords in general, and not to any Lord in particular."
After which;
E. Kilmarnock pleads Guilty:
The Earl of Kilmarnock was arraigned, by the Clerk of the Crown in the King's Bench, in the usual Manner; and asked, "Whether he was Guilty, or Not Guilty?"
To which he pleaded Guilty.
E. of Cromertie pleads Guilty:
In like Manner, the Earl of Cremertie was arraigned; and directed to plead Guilty, or Not Guilty.
Whereupon he likewise pleaded Guilty.
Ld. Balmerino pleads Not Guilty, and his Trial proceeded in:
Next, the Lord Balmerino was also arraigned, and asked, "Whether he was Guilty, or Not Guilty?"
To which he answered, "He conceived his Indictment was informal; the same mentioning that he was at a particular Place on a certain Day, when he could prove that he was elsewhere."
But being required to answer Guilty, or Not Guilty; he pleaded, Not Guilty.
And being asked, "By whom he would be tried?"
He answered, "By God and his Peers."
Then the Copy of the Warrant of his Commitment was read, as follows:
"Thomas Holles Duke of Newcastle, Marquis and Earl of Clare, Viscount Haughton, Baron Pelham of Laughton, Knight of the most Noble Order of the Garter, One of the Lords of His Majesty's most Honourable Privy Council, and Principal Secretary of State, &c.
"These are, in His Majesty's Name, to authorize and require you to receive into your Custody the Bodies of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, herewith sent you, for High Treason, in levying War against His Majesty; and to keep them safe and close until they shall be delivered by due Course of Law; and for so doing, this shall be your Warrant.
"Given at Whitehall, the Twenty-seventh Day of May, 1746, in the Nineteenth Year of His Majesty's Reign.
"Holles Newcastle.
"To the Right Honourable the Lord Cornwallis, Constable of His Majesty's Tower of London; and in his Absence, to the Lieutenant of the said Tower, or his Deputy.
"This is a true Copy of the Original Warrant.
"Cornwallis."
Which done;
Proclamation was made, for such Persons to come forth, as could give Evidence on Behalf of the King, against the said Lord Balmerino.
The Lord High Steward, with the Consent of the Court, went down to the Table, for the better hearing what should be said during the Trial.
Then some of the King's Counsel were heard, to open the Charge against the said Lord; and produced,
William Mcghie, Hugh Douglas, James Berkeley, David Gray, James Paterson, and Roger Macdonald; who were severally examined upon Oath, in order to prove the said Indictment; some of which were crossexamined by the Prisoner.
The Evidence being over, and summed up by Mr. Attorney General, and others of the King's Counsel:
And the Prisoner, who was directed to proceed in his Defence, declining so to do, with an Apology for giving the House so much Trouble; and submitting himself to their Lordships Judgement:
The House was moved, "To adjourn to the Chamber of Parliament."
And being adjourned accordingly:
The Lords and others returned in the same Order they went down.
And the House being resumed:
Bishops Protestation:
The Lord Bishop of London, for himself and the rest of the Bishops, delivered a Protestation; which they desired might be entered:
And the same was read as follows; (videlicet,)
"The Lords Spiritual of the House of Peers do desire Leave of this House, to be absent when Judgement is given upon the Earl of Kilmarnock, the Earl of Cromertie, and the Lord Balmerino; saving to themselves and their Successors all such Right in Judicature, as they have by Law, and of Right ought to have."
Then he asked Leave that they might withdraw.
Which being agreed to:
They immediately withdrew accordingly.
Question put to the Judges; and their Answer:
Proposed, "To ask the Judges their Opinion, Whether it is necessary, that an Overt-act of High Treason should be proved to be committed on the particular Day laid in the Indictment?"
Which being agreed to;
The House was adjourned again into Westminster Hall.
And the Peers being there seated, and the House resumed:
The Lord High Steward put the abovementioned Question to the Judges, as before agreed on.
Whereupon, the Lord Chief Justice of the Court of King's Bench, having consulted the Judges present, delivered it as their unanimous Opinion, "That, agreeable to the constant Form of proceeding, it is not necessary; but that an Overt Act of High Treason may be proved either before or after a particular Day laid in the Indictment, the naming a particular Day being entirely formal."
Then the Prisoner, by Direction of the Court, being taken from the Bar:
Lord Balmerino found Guilty of High Treason:
The Lord High Steward, by a List, called every Peer by his Name, beginning with the Junior Baron; and asked them, "If Arthur Lord Balmerino was Guilty of the High Treason whereof he stands indicted, or Not Guilty?"
And thereupon every Lord, standing up uncovered, answered, "Guilty, upon my Honour," laying his Right Hand upon his Breast.
Which done;
The Lord High Steward, standing uncovered at the Chair, as he did when he put the Question to the other Lords, declared his Opinion to the same Effect, and in the same Manner.
After which, Proclamation was again made for keeping Silence; as also Proclamation for bringing the Prisoner to the Bar.
Who being brought accordingly:
The Lord High Steward acquainted him, "That the Lords had considered of the Charge and Evidence given against him; and had unanimously found him Guilty of the High Treason whereof he stands indicted."
Then the House was again adjourned to the Chamber of Parliament.
And being there resumed:
Lords remanded to the Tower.
Ordered, That the said Earls of Kilmarnock and Cromertie, and the Lord Balmerino, be remanded Prisoners to His Majesty's Tower of London, there to be kept in safe Custody; and that they be brought to the Bar of this House, in Westminster Hall, on Wednesday next, at Eleven of the Clock in the Forenoon, that their Lordships may proceed to give Judgement against them: And this shall be a sufficient Warrant in that Behalf.
To Charles Lord Cornwallis, Constable of His Majesty's Tower of London; and in his Absence, to the Lieutenant of the said Tower, or his Deputy.
Adjourn.
Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 30o Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
| Epus. Asaphen. |
Ds. Hardwicke, Cancellarius, et Summus Senescallus Magnæ Britanniæ pro hacvice. Dux Dorset, Præses. Comes Gower, C. P. S. Dux Devon, Senescallus. Dux Grafton, Camerarius. Dux Richmond. Dux Beaufort. Dux St. Albans. Dux Bolton. Dux Leeds. Dux Bedford. Dux Marlborough. Dux Rutland. Dux Montagu. Dux Ancaster & Kest. Magnus Camerarius Angl. Dux Kingston. Dux Newcastle. Dux Portland. Dux Manchester. Dux Chandos. March. Tweeddale. March. Lothian. March. Rockingham. Comes Derby. Comes Pembroke. Comes Lincoln. Comes Suffolk. Comes Salisbury. Comes Exeter. Comes Warwick. Comes Westmorland. Comes Peterborow. Comes Stamford. Comes Winchilsea. Comes Chesterfield. Comes Thanet. Comes Sandwich. Comes Anglesey. Comes Doncaster. Comes Ailesbury. Comes Burlington. Comes Shaftesbury. Comes Litchfield. Comes Radnor. Comes Berkeley. Comes Abingdon. Comes Gainsborough. Comes Scarbrough. Comes Warrington. Comes Rochford. Comes (fn. 3) Jersey. Comes Grantham. Comes Poulet. Comes Godolphin. Comes Cholmondeley. Comes Sutherland. Comes Moray. Comes Home. Comes Findlater. Comes Dunmore. Comes Stair. Comes Portmore. Comes Ferrers. Comes Strafford. Comes Dartmouth. Comes Tankerville. Comes Granville. Comes Halifax. Comes Cowper. Comes Stanhope. Comes Harborough. Comes Macclesfield. Comes Pomfret. Comes Graham. Comes Ker. Comes Waldegrave. Comes Fitzwalter. Comes Effingham. Comes Orford. Comes Harrington. Comes Bath. Comes Leicester. Comes Clinton. Comes Brooke. Viscount (fn. 4)Hereford. Viscount Say & Seale. Viscount Fauconberg. Viscount Townshend. Viscount Hatton. Viscount St. John. Viscount Cobham. Viscount Falmouth. Viscount Harcourt. Viscount Torrington. |
Ds. Delawarr. Ds. Dudley. Ds. Willoughby Br. Ds. Wentworth. Ds. Willoughby Par. Ds. North. Ds. St. John. Ds. Clifton. Ds. Strange. Ds. Byron. Ds. Ward. Ds. Berkeley. Ds. Cornwallis. Ds. Conway. Ds. Hervey. Ds. Somerville. Ds. Hay. Ds. Montjoy. Ds. Mansel. Ds. Trevor. Ds. Masham. Ds. Foley. Ds. Bathurst. Ds. Onslow. Ds. Romney. Ds. Cadogan. Ds. Ducie. Ds. King. Ds. Hobart. Ds. Monson. Ds. Raymond. Ds. Talbot. Ds. Montfort. Ds. Ilchester. Ds. Chedworth. Ds. Fitzwilliam. Ds. Edgecumbe. Ds. Sandys. Ds. Herbert. |
PRAYERS.
Papers directed to the Three Lords in The Tower, advising them to plead in Arrest of Judgement, to be communicated to them:
The Lord Cornwallis acquainted the House, "That the Lieutenant of The Tower had delivered to him a Letter, directed to the said Lieutenant; enclosing Three Papers, of One and the same Tenor, containing a Plea for the Three Lords Prisoners there to move in Arrest of Judgement."
And the said Letter and One of the said Papers were read, as follow; (videlicet,)
Letter;
"Sr.
"You have all along behaved with so much Humanity to the Lords in Distress, that I make no Doubt the enclosed will find easy Access to them; as you would not have them omit any Thing the Law can say in their Favours, which I am sure is not in your Nature to wish or desire.
"I am,
Sir,
29th July, 1746.
"Your most obedient Servant,
Nathaniel Williamson."
The inclosed.
"It is conceived, that the late Act of Parliament, empowering His Majesty to transport such as are taken in Arms from one County to another, where they may be tried by the Course of the Common Law, did not take Place till after the Time that the Facts implying Treason were actually committed by the accused Prisoners; and if so, the Grand Jury of Surry, or of any other County whatsoever where these Acts of Treason are not alleged to have been committed, could not, agreeable to Law, find Bills against such Prisoners. And it may, on that Score, be prayed, That the Indictment be quashed, or that an Arrest of Judgement be thereupon granted.
"Nat. Williamson.
"If the Bill found by the Grand Jury has any Flaw, so as to make it illegal, all the Superstructure falls of Course."
"Nat. Williamson."
Whereupon, Liberty was given to the said Lord Cornwallis, to communicate the said Papers to the said Prisoners.
Judgement to be passed upon the Three Lords.
Ordered, That this House will, this Day, proceed in order to the giving of Judgement, upon the Earl of Kilmarnock, the Earl of Cromertie, and the Lord Balmerino.
Ordered also, That the Lord High Steward be directed to ask the Earl of Kilmarnock, the Earl of Cromertie, and the Lord Balmerino, severally, "Whether they have any Thing to offer in Arrest of Judgement," in the usual Manner.
Ordered likewise, That, when Judgement shall be given upon the said Earl of Kilmarnock, Earl of Cromertie, and Lord Balmerino, the same Judgement be pronounced, as was pronounced, on the 9th Day of February 1715, against the Earl of Derwentwater, the Lord Widdrington, the Earl of Nithisdale, the Earl of Carnwath, the Viscount Kenmure, and the Lord Nairn.
Then the House was called over, by the Clerk; Garter King at Arms marking the Lords who were present in his List.
Which done;
The House was adjourned into Westminster Hall; and the Peers and others proceeded thither in the same Order as on Monday last.
And the Peers being there seated, and the House resumed:
The Lord High Steward asked Leave for the Judges to be covered; which was granted.
Next, Proclamation was made, for keeping Silence; as also Proclamation for bringing the Prisoners to the Bar.
Who were brought to the Bar accordingly, and there kneeled until the Lord High Steward acquainted them they might rise.
Then the Lord High Steward demanded of the Earl of Kilmarnock, "Whether he had any Thing to offer in Arrest of Judgement?"
Whereupon he acquainted the Court, "He had nothing to offer on that Subject;" but, in a Speech, acknowledging his Guilt, humbly implored their Lordships Intercession to His Majesty for Mercy.
The Lord High Steward then demanded of the Earl of Cromertie, "If he had any Thing to offer in Arrest of Judgement?"
Who thereupon, in a short Speech, made the like Answer and Request.
L. Balmerino pleads in Arrest of Judgement:
Next, the Lord High Steward made the same Demand of the Lord Balmerino, "If he had any Thing to offer in Arrest of Judgement?"
And he thereupon acquainted the Court, "That he was advised to plead in Arrest of Judgement, according to the Contents of the Paper communicated to him this Morning;" and prayed, "That he might have Counsel assigned him, to assist him in his Plea."
Then it being proposed, "To hear the King's Counsel, in relation to what was offered by the Lord Balmerino:"
The House was moved, "To adjourn to the Chamber of Parliament."
And the Peers and others being returned in the same Order they went down, and there resumed:
After Debate:
Ordered, That the Lord High Steward be directed to demand of the Lord Balmerino, "Whether he desires to have Counsel? And if he does desire it, That the House will assign him such as he shall think fit to propose."
Then the House was again adjourned into Westminster Hall.
And being there resumed:
The Lord High Steward acquainted the Lord Balmerino as directed.
Who thereupon desiring, "That Mr. Wilbraham and Mr. Forester may be assigned Counsel for him:"
The House was adjourned to the Chamber of Parliament.
And being there resumed:
Counsel assigned him:
Ordered, That the said Mr. Wilbraham and Mr. Forester be assigned Counsel for the Lord Balmerino, as desired; and that they may have Access to him at all seasonable Times.
Lords remanded to The Tower:
Ordered, That the Earls of Kilmarnock and Cromertie, and the Lord Balmerino, be remanded Prisoners to His Majesty's Tower of London, and there kept in safe Custody until further Order of this House.
To be again brought to the Bar.
Ordered, That this House will proceed further, in order to the giving Judgement against the said Lords, on Friday next, at Eleven of the Clock; and that they be then brought to the Bar of this House in Westminster Hall, for that Purpose.
Highlands disarming, Bill.
The Order of the Day being read, for the House to be in a Committee again, upon the Bill for the more effectual disarming The Highlands in Scotland, and other Purposes:
Ordered, That the House be put into a Committee again upon the said Bill, To-morrow.
Adjourn.
Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum primum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 31o Julii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
D. of Somerset's Attendance at the Trials dispensed with.
Upon reading the Petition of Charles Duke of Somerset; representing, "That, since the Month of January last, he has been seized with a most severe Fit of the Gout, and is still so very lame that he is forced to be carried from one Room to another; and praying, in regard of his present Infirmities of Deafness and Lameness, that his Attendance on Occasion of the present Trials may be dispensed with:"
It is Ordered, That the Petitioner's Attendance be dispensed with, as desired.
Highlands, disarming, Bill.
The Order of the Day being read, for the House to be in a Committee again on the Bill for the more effec tual disarming The Highlands in Scotland; and other Purposes:
Ordered, That the House be put into a Committee again on the said Bill, on Monday next; and the Lords to be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Augusti jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.