Anno 2 Georgii Regis.
DIE Lunæ, 9 Januarii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Georgius Princeps Walliæ.
|
|
|
Epus. London.
Epus. Winton.
Epus. Lich. & Cov.
Epus. Sarum.
Epus. Norwic.
Epus. Roffen.
Epus. Gloucestr.
Epus. Asaph.
Epus. Oxon. |
Ds. Cowper, Cancellarius.
Comes Sunderland, Custos Privati Sigilli.
Dux Devon, Senescallus.
Dux Bolton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Shrewsbury.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Kingston.
Dux Newcastle.
Comes Lincoln.
Comes Dorset.
Comes Salisbury.
Comes Bridgewater.
Comes Northampton.
Comes Manchester.
Comes Stamford.
Comes Clarendon.
Comes Burlington.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Holderness.
Comes Portland.
Comes Warrington.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Godolphin.
Comes Orkney.
Comes De Loraine.
Comes Strafford.
Comes Dartmouth.
Comes Uxbridge.
Comes Carnarvon.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Viscount Townshend.
Viscount Longueville.
Viscount Tadcaster. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Compton.
Ds. Bruce.
Ds. Colepeper.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Lumley.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Haversham.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Harborough.
Ds. Carleton.
Ds. Cobham. |
PRAYERS.
The House was adjourned during Pleasure, to robe.
The House was resumed.
His Majesty presents
His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended
with His Officers of State (the Prince of Wales, in his
Robes, sitting in his Place on His Majesty's Right Hand,
the Lords being also in their Robes), commanded the
Gentleman Usher of the Black Rod to let the Commons
know, "It is His Majesty's Pleasure, they attend Him
immediately, in the House of Peers."
Who being come, with their Speaker; His Majesty
was pleased to say:
King's Speech, delivered by the Lord Chancellor.
"My Lords, and Gentlemen,
"I have ordered my Lord Chancellor to declare to
you for Me, in My Words, the Causes of your meeting at this Time to do Business."
Then the Lord Chancellor said,
"My Lords, and Gentlemen,
"I have received His Majesty's Commands from the
Throne, to declare to you, in His Majesty's Name
and in His Majesty's Words, the Causes of your
meeting at this Time to do Business, as follows:
"My Lords, and Gentlemen,
"The Zeal and Affection to My Government, and
the vigilant Care for the Safety of the Nation, which
you have shewn in your respective Counties, have not
only fully answered My Expectations; but give Me
Assurances that you are met together resolved to act
with a Spirit becoming a Time of common Danger;
and with such a Vigour, as will end in the Confusion
of all those who have openly engaged in this Rebellion, and in the Shame and Reproach of such as by
secret and malicious Insinuations have fomented, or
by an avowed Indifference encouraged, this traiterous
Enterprize.
"It is, I doubt not, a great Satisfaction to you, to have
observed, that the Powers you entrusted Me with for
the Preservation of the Public Safety have been employed in the most proper and effectual Manner, and
made strictly subservient to those Purposes only for
which you intended them; and you must have had
the Pleasure to reflect with Me, that, as the Measures
taken for our Defence have been just and necessary,
so it has pleased the Divine Providence to bless
them with a Series of suitable Success. And I cannot but take this Opportunity of doing Justice to the
Officers and Soldiers of the Army, whose brave and
faithful Discharge of their Duty has disappointed
our Enemies, and contributed so much to the Safety
of the Nation.
"I did hope that the detecting and preventing the
designed Insurrections in some Parts of the Kingdom,
and the defeating in others those who had taken up
Arms against Me, would have put an End to this
Rebellion: But it is plain that our Enemies, animated
by some secret Hopes of Assistance, are still endeavouring to support this desperate Undertaking; and
the Pretender, as I have Reason to believe, is now
landed in Scotland.
"It is, however, with Pleasure, I can acquaint you,
that, notwithstanding these intestine Commotions,
Great Britain has in some Measure recovered its Influence and Reputation Abroad. The Treaty for settling the Barrier for The Netherlands is now fully
concluded between the Emperor and The States General, under My Guarantee. The King of Spain has
agreed to a Treaty, by which that valuable Branch
of our Commerce will be delivered from the new Impositions and Hardships to which it was subjected by
the late Treaties, and will stand settled for the future
on a Foot more advantageous and certain than it ever
did in the most flourishing Time of any of My Predecessors: And the Treaty for renewing all former
Alliances between the Crown of Great Britain and
The States General is brought very near to its Conclusion.
"Gentlemen of the House of Commons,
"I must rely on your Affection to Me, and your Care
and Concern for the Safety of the Nation, to grant
Me such Supplies, as may enable Me to restore and to
secure the Peace of the Kingdom; and I will order
Estimates of the necessary Expences to be laid before
you.
"Among the many unavoidable ill Consequences of
this Rebellion, none affects Me more sensibly than
that extraordinary Burden which it has and must
create to My faithful Subjects: To ease them as far as
lies in My Power, I take this First Opportunity of
declaring, that I will freely give up all the Estates
that shall become forfeited to the Crown by this Rebellion, to be applied towards defraying the extraordinary Expence incurred on this Occasion.
"My Lords, and Gentlemen,
"It is Matter of the greatest Uneasiness to Me, that
the First Years of My Reign, the whole Course of
which I wished to have transmitted to Posterity distinguished by the fair and endearing Marks of Peace
and Clemency, should be clouded and over-cast with
so unnatural a Rebellion; which, however impotent
and unsuccessful a due Care may render it in all
other respects, does most sensibly afflict Me, by the
Calamities it has brought on many of My faithful
Subjects, and by those indispensable Returns of Severity which their Sufferings and the public Safety do
most justly call for: Under this Concern, My greatest
Comfort is, that I cannot reproach Myself with having given the least Provocation to that Spirit of Discontent and Calumny that has been let loose against
Me, or the least Pretence for kindling the Flame of
this Rebellion.
"Let those whose fatal Counsels laid the Foundation
of all these Mischiefs, and those whose private Discontents and Disappointments, disguised under false
Pretences, have betrayed great Numbers of deluded
People into their own Destruction, answer for the
Miseries in which they have involved their Fellowsubjects. I question not but that, with the Continuance of God's Blessing, who alone is able to
form Good out of Evil, and with the chearful Assistance of My Parliament, we shall, in a short Time, see
this Rebellion end, not only in restoring the Tranquillity of My Government, but in procuring a firm
and lasting Establishment of that excellent Constitution in Church and State, which it was manifestly designed to subvert; and that this open and flagrant
Attempt in Favour of Popery will abolish all other
Distinctions among us, but of such as are zealous
Assertors of the Liberties of their Country, the present Establishment, and the Protestant Religion, and
of such as are endeavouring to subject the Nation to
the Revenge and Tyranny of a Popish Pretender."
Which being ended; His Majesty was pleased to
retire.
And the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
And His Majesty's most Gracious Speech being read
by the Lord Chancellor:
Address, on His Majesty's Speech.
Ordered, That an humble Address be presented
to His Majesty, "To return His Majesty the Thanks of
this House, for His most Gracious Speech from the
Throne; and to congratulate His Majesty on the Success of His Arms against the Rebels; and to express
the Thanks of this House to His Majesty, for His Care
in preserving His People in Safety at Home, and in procuring Security and Advantages to our Commerce
Abroad; and to assure His Majesty, that this House
will stand by and assist His Majesty and His Government, against the Pretender and all his open and secret
Abettors;" and likewise on the Debate of this House.
Then the Lords following were appointed a Committee, to prepare an Address pursuant thereunto;
and report to the House; (videlicet,)
|
|
|
Dux Devon, Senescallus.
Dux Newcastle.
Comes Dorset.
Comes Bridgewater.
Comes Manchester.
Comes Stamford.
Comes Sunderland.
Comes Berkeley.
Comes Rochester.
Comes Warrington.
Comes Godolphin.
Comes Aylesford.
Comes Halifax.
Viscount Townshend. |
Ds. Howard Eff.
Ds. Cornwallis.
Ds. Lumley.
Ds. Carleton.
Ds. Cobham. |
Their Lordships, or any Five of them; to meet
presently, in the Prince's Lodgings near the
House of Peers; and to adjourn as they please.
Ordered, That His Majesty's Speech be referred
to the said Committee.
The House was adjourned during Pleasure.
The House was resumed.
Message from H. C. to sit some Time.
A Message was brought from the House of Commons,
by Mr. Letchmere and others:
That, they having Matters to communicate to this
House of great Consequence to the King and the Kingdom, they desire that their Lordships will continue sitting for some Time.
The Commons being withdrawn;
The House agreed, to continue sitting some Time, as
desired.
And the Messengers were called in again; and the
Lord Chancellor acquainted them, "That the Lords
will continue sitting for some Time, as is desired.
E. of Strafford's Answer to the Articles of Impeachment against him.
The Earl of Strafford presented to the House his
Answer to the Articles of Impeachment exhibited against
him by the House of Commons.
Which was read, as follows:
"The Answer of Thomas Earl of Strafford, to the
Articles exhibited by the Knights, Citizens,
and Burgesses, in Parliament assembled, in
the Name of themselves and of all the Commons of Great Britain, in Maintenance of the
Impeachment against him for high Crimes and
Misdemeanors supposed to have been by him
committed.
"The said Earl, saving to himself all Advantages of
Exception to the said Articles, for the Uncertainty and
Insufficiency thereof, and of not being prejudiced by
any Words or Want of Form in this his Answer;
and also saving to himself all Rights and Privileges
belonging to him as One of the Peers of this Realm;
in Answer to the said Articles, admits that divers
Treaties and Alliances were entered into, by the Crown
of Great Britain, with the several Potentates mentioned in the Preamble to the said Articles; but, for more
Certainty as to the Contents thereof, the said Earl
refers to the said Treaties themselves; and, with the
utmost Deference to the Memory of his late Royal
Master King William the Third, doth acknowledge
the great Wisdom of that glorious Prince, who, by
the grand Alliance, formed a noble Design of settling
a due Balance of Power in Europe; but humbly begs
Leave to observe, that the Affront offered by France,
in acknowledging the Pretender King of Great Britain, though justly mentioned by Her late Majesty
Queen Anne, of Ever-blessed Memory, as One Cause
of the War, which, in May One Thousand Seven Hundred and Two, was by Her declared against France
and Spain, could not be any Inducement to the forming the Grand Alliance, as is suggested in the Preamble to the said Articles, being subsequent to it, as
most evidently appears; inasmuch as that Alliance
was not only formed, but concluded and signed, at
The Hague, during the Life-time of the late King
James the Second. And the said Earl admits, that
the Emperor and The States General did also, about
May One Thousand Seven Hundred and Two, declare War against France and Spain; and that other
Kings, Princes, and States of Europe, soon after became Parties to the said Confederate War; which
having been carried on for many Years at a vast
Expence of Blood and Treasure, Her said late Majesty, out of Her tender Regard for the Good of Her
People, and from a sincere and real Design to prevent
the further Effusion of Blood, and to ease Her Subjects from the heavy Burden of Taxes which they
had so long endured, did hearken to Overtures of
Peace from France, after former Negotiations had
been rendered fruitless; and give Instructions to the
then Lord Privy Seal, now Bishop of London, and
him the said Earl, to treat thereof at Utrecht, in
Conjunction with the Ministers of Her Allies, in order to bring the same to an happy Conclusion; and
among such Instructions several Clauses were interspersed, to the Effect in the said Preamble set forth;
but, for more Certainty, refers to his original Instructions; which, together with all his other Papers relating to his Negotiations in The Low Countries, were
taken from him in the Beginning of January last,
and he supposes may continue in the Hands of One
of His Majesty's Principal Secretaries of State: But
the said Earl is totally ignorant of any treacherous
Correspondence with the Emissaries of France, or of
any private or destructive Negotiation of Peace, set
on Foot with Intent to weaken or dissolve the Confederacy between Her said late Majesty and Her Allies.
"And for particular Answer to the several Matters
wherewith he stands charged in the First Article; the
said Earl saith, That, having been employed by His
late Majesty King William in the Army during His
whole Reign, and likewise in His Court for several
Years next before His Death; and having also had
the Honour to be sent as His Majesty's Minister to
the King of Prussia; he was so happy as to reconcile
some Differences which had lately arisen between
those Two Princes, and upon his Return received his
Royal Master's Approbation. Her late Majesty
Queen Anne, soon after Her Accession to the Throne,
was pleased to command him to leave his Post in the
Army, and to go again to the said Court of Prussia,
in the Year One Thousand Seven Hundred and Two,
where he had the Character of Her Ambassador Extraordinary, and continued in that Quality till April
One Thousand Seven Hundred and Eleven, at which
Time Her Majesty thought fit to appoint him Her
Ambassador Extraordinary and Plenipotentiary to The
States General; and in June following, Her Majesty
was pleased to honour him with the Title of One of
Her Privy Council; and about December in the same
Year to appoint him One of Her Plenipotentaries to
treat at Utrecht, with the Ministers of France, of a
general Peace. And the said Earl thought it his Duty,
not to scruple any Danger or Pains for Her Service,
believing his Zeal therein was the best Evidence he
could give of his hearty Affection to his Country;
and he constantly did, with the utmost Sincerity, endeavour, according to his Abilities, to pursue the true
Ends of his Commission and Powers, to promote the
Honour and Safety of Her Majesty and Her Kingdoms, to answer the Engagements She was under to
Her Allies, and to secure the common Liberties of
Europe: But he must, with the utmost Detestation and
Abhorrence, deny that he was in the least devoted to
the Interest or Service of the French King; or that
he ever acted in Defiance of any of the said Treaties, or of the Advice of Parliament, or of any Declarations of Her Majesty from the Throne, or of
Her Assurances to The States General to act in Concert with them, in making Peace as in making War,
or of Her Instructions to him under Her Sign Manual.
The said Earl admits, that, as he was a Privy
Counsellor, it was his Duty truly to have advised
Her Majesty in all Matters treated of in Council
whilst he was present; and, had any Thing so treated
of appeared to him to have been to the Dishonour
of Her Majesty, or to the Prejudice of Her People,
the said Earl would not have been wanting to advise
against, and with all Humility to oppose the same;
but, as he was Her Majesty's Ambassador and Plenipotentiary, he looked upon himself as a Ministerial
Officer, whose Duty it was to pursue such Instructions as he should from Time to Time receive; and,
since he could not doubt but that all Orders sent him
by Her Majesty's Directions had been first maturely
weighed and digested, he humbly apprehends your
Lordships will think it had been too great a Presumption in him to advise against or oppose such Orders,
which carried not in themselves any apparent Illegality, when he knew not the Springs or Reasons of
them; and which therefore it became him to believe
well warranted, and to have proceeded from just and
proper Grounds and Motives. And the said Earl
saith, he was so far from advising or exhorting that
any private, separate, dishonourable, or destructive
Negotiation of Peace, should be continued and carried on between the Ministers of Great Britain and
France, without Communication thereof to Her Majesty's Allies according to their Treaties, or from
being instrumental in promoting any such Negotiation as in the said Article is charged, that he did not
know, or believe, that any such Negotiation was entered into. And, for a plain Relation of the said
Earl's proceeding in this Affair, he saith, That, about
May One Thousand Seven Hundred and Eleven,
being then Her Majesty's Ambassador and Plenipotentiary to The States General, he received, from One
of Her Principal Secretaries of State, a Paper, supposed to be signed by Monsieur Torcy, containing
some Proposals for setting on Foot a Negotiation of
Peace, with Orders to communicate the same to the
Pensionary of Holland, that his Sentiments might be
known thereupon; and to assure that Minister, and
others of that Republic, "That the Queen was resolved, in making Peace as in making War, to act
in Concert with The States:" In Pursuance of which
Orders, he the said Earl did immediately communicate the said Proposals to the Pensionary, and unto
Two others of The States General who had formerly
been employed in the Negotiations at Gertruydenbergh, and whom the Pensionary thought the most
proper to be entrusted with that Matter: And they,
having considered the said Proposals, did pray the
said Earl to return Her Majesty Thanks, in the Name
of The States, for Her Confidence in them; declared
themselves weary of the War, and ready to join in
any Measures Her Majesty should think proper for
obtaining a good Peace; and that they hoped Her
Majesty would bring the French to explain more particularly the several Points contained in the abovementioned Proposals. Of this, the said Earl sent an
Account to Her Majesty's Secretary of State, and
soon after received Her Commands to repair to England; and, on his Arrival here, acquainted Her Majesty with his Proceedings at The Hague: But being,
by Her Gracious Permission, allowed to follow some
private Affairs of his own, he was often in the Country, and so much engaged that he did not know of
any of the Transactions with Monsieur Mesnager, or
what was done in relation to the Explications The
States had desired Her Majesty to procure from
France, upon the Points of Monsieur Torcy's Proposal; till, in October following, he received Instructions, dated the First of that Month, whereby he
was required to return to Holland, and to communicate to The States some Propositions, which had been
signed by the said Monsieur Mesnager the Twentyseventh Day of September before, as a Foundation
for opening the Conferences of Peace with France;
which he supposes to be the Instructions intended by
those mentioned in the Preamble to the Articles, as
dated the Twenty-first Day of October, none of that
Date appearing amongst the Copies of his own Papers he has been permitted to take: But the said
Earl never saw Monsieur Mesnager, till he met him
at Utrecht in January One Thousand Seven Hundred
and Eleven-twelve; nor during all the Time of the
said Minister's Stay in England was in the least
privy to, or made acquainted with, any Transaction
between him and any of the Queen's Ministers.
The said Earl, having received his said Instructions,
took his Journey for Holland; and, on his Arrival
there, in Pursuance thereof, imparted to The States
General the said Propositions, and what had been
communicated to him concerning any Transactions
between Great Britain and France; and at the same
Time, in further Pursuance of his said Instructions,
declared to them, "That if they did not think those
Propositions a sufficient Ground to open the Conferences, but were desirous to carry on the War, Her
Majesty was willing to concur with them; but could
no longer bear that disproportionable Burthen which
had been Yearly increased on Her Subjects, nor that
Deficiency Her Allies had been guilty of in every
Part of the War; and that therefore it was incumbent on them, if the War continued, to furnish such
Quotas of Ships and Forces for the future, as they
had to that Time been wanting in: That this was
what Her Majesty thought She might justly insist on:
That they should comply with Her, in War or in
Peace; since, in the former, She required nothing
but what it belonged to them to perform, and what
was necessary to the Success of their Arms; and
since, in the latter, She had done, and would continue to do, what was in Her Power towards obtaining such a Peace as might be to the Satisfaction of
Her Allies." Soon after this, The States General sent
Monsieur Buys to England, as their Plenipotentiary,
to confer with Her late Majesty's Ministers, and inform himself of the Circumstances of Affairs, and
make Report thereof to his Masters; who having
continued here some Time, and transmitted to Holland
an Account of the Posture of Affairs, The States General consented to open the Conferences for Peace,
and to invite the other Allies to send their Ministers
to Utrecht, the Place agreed on for that Purpose;
and, in order thereunto, granted Passports for the
French Ministers to repair thither: And the said Earl
is informed, that, amongst other Transactions by the
said Monsieur Buys whilst in England, he signed a
Treaty with Her late Majesty's Ministers who were
empowered for that Purpose, dated the Eighteenth
Day of December One Thousand Seven Hundred and
Eleven, O. S. for the carrying on the War and the
Negotiation of Peace, according to the mutual Engagements of former Treaties between England and
Holland; which Treaty was ratified by Her said late
Majesty the Day after it was signed, and was sent to
Holland by the then Lord Privy Seal; but The States
General, though Their Ministers were often called
upon, never ratified the same. And the said Earl
admits, that the said Lord Privy Seal and himself
were appointed to be Her Majesty's Plenipotentiaries
at the said Congress at Utrecht; and he can with great
Truth affirm, that he acted, on all Occasions, with
the highest and most disinterested Zeal, for procuring
a general Peace, for the mutual Advantage of Her
Majesty's Subjects and Allies, in Pursuance of the
Powers and Instructions received for that Purpose;
and is firmly persuaded his Colleague did the same.
The said Earl faith, That every one of the Confederates had their Ministers at Utrecht, who all agreed
in the Method and Manner of proceeding in the said
Negotiation; and had frequent Meetings and Conferences to that End among themselves, in order to
lay down a general Scheme for their Conduct; and,
for the better concerting these Measures, it was
thought fit to have Two Conferences a Week with
all the Allies; Two with the Dutch apart, and Two
of all the Allies with the French; and in those with
the Dutch and the other Allies, what was to be proposed on the Part of the Allies, to the French, was
always previously settled. In the First general Conference with the French Ministers, they offered either
to proceed to the Explanation of the general Points
signed by Monsieur Mesnager (which they acknowledged were binding only to France, and not to the
Allies), or that each of the Allies should make their
Demands. On Deliberation, it was insisted by the
Allies, That the French should first give in a specific
Plan of the Offers of the King their Master to all and
each of the Allies; and the French complied to give
in such specific Plan, in case the Allies would promise to return an Answer thereunto, containing their
several Demands: And accordingly the French Ministers did give in such Plan, in Writing; and the
Allies, in Answer, delivered in their Demands also,
in Writing. The French, having thus given in their
Concessions in Writing, and received the Demands of
the Allies in like Manner, thought fit to propose the
entering into Debate upon the several Propositions
mutually delivered in, agreeably to the Course of
proceeding in former Treaties: But though some of
the Allies thought there was no Necessity of insisting
very much on any further written Answer, yet others
pressed it more vehemently; to which the French replied, "That, both Sides having already explained
themselves in Writing, it was agreeable to the Method of all Negotiations, to proceed to debate Matters; and, in such Debates, specific Answers to each
Demand of the Allies would occur." And all the
Allies agreed in this Principle, "That the Method
most expeditious and safe, whether by Writing or
otherwise, was fittest to be followed."
"Thus having given your Lordships a short Narrative of the Proceedings which might render his Answer to the several Particulars charged in this Article more intelligible: As to that Part which mentions his frequently concerting private and separate
Measures with the Ministers of France; the said Earl
doth acknowledge, that, when the settling any particular Interest of Great Britain might require it, he
and his Colleague might confer with the Ministers of
France, in the same Manner as the Ministers of each
of the Allies conferred separately with those of
France, touching their respective particular Interests:
And the said Earl apprehends they were justified
therein, by their express Orders from England for
that Purpose. And sometimes the said Bishop and
Earl had separate Conferences with the Ministers of
France, at the Request, and on the Behalf, of one or
other of the Allies, whose Regard to Her Majesty
made them often desire the Interposition of Her Ministers, to support their several Pretensions; wherein
the Zeal and sincere Endeavours of the said Bishop
and Earl for the Interest of the Allies always appeared, to the Satisfaction of those on whose Behalf
they acted: But he denies that he did concert any
private or separate Measures with the Ministers of
France, in order to impose upon or deceive Her Majesty's Subjects or Allies, or tending to their Prejudice or Detriment. And as to that Part which
charges him with commending the Prudence of the
French Ministers, in refusing to answer in Writing;
the said Earl saith, That, after the written Propositions and Demands on each Side had been delivered
in, he took it to be a Matter in its own Nature
indifferent, whether there should be any further
Transaction thereupon in Writing, or not; and whether it were better to proceed by Way of Writing,
or by Conference, to adjust and settle the Terms of
Peace, upon the respective Offers and Demands which
had been so given in. There was Variety of Opinions: Many of the Ministers of the Allies declared
it to be the most usual and expeditious Method to
proceed by Way of Conference, which they thought
gave better Opportunities of considering and explaining Matters; there being usually seen a greater Stiffness and Obstinacy in maintaining what is once put
down in Writing, which oftentimes renders Negotiations tedious, and sometimes clogs them with insuperable Difficulties; and there seemed to be just
Grounds for Suspicion, that some, who were most
pressing for the Method of Writing, might have those
Ends in their View, which it became Her Majesty's
Plenipotentiaries, as far as they could, to obviate
and prevent. If, therefore, the said Earl inclined,
in his private Opinion, to the Sentiments of those
who thought the Way of Conference more expeditious and equally safe (admitting he had been mistaken therein), he hopes it will not be imputed to
him as a Crime: Much less can he apprehend your
Lordships will esteem it any Evidence of his encouraging the Enemy in any fallacious or unjustifiable
Manner of Proceedings, if, in a Letter from The
Hague to a Minister of the Queen, before this Matter had been fully considered, he intimated the
Thoughts he then entertained of it; since he takes
it to be very proper for a Public Minister Abroad,
in his Correspondence with the more immediate Servants of the Crown at Home, to give minute and
particular Accounts of all Occurrences and Discourses, to lay open his Thoughts, to suggest the
First Motions and Suspicions that arise in his Mind,
and to descant upon Things without Reserve, in order to receive more plain, full, and express Informations and Directions for his better proceeding: And
the said Earl believes it will appear, that, if, in any
Letter, he intimated his Thoughts upon that Subject,
he did not give any positive Judgement, but suspended
his Opinion therein till he should have Opportunity of further considering it: And he faith, That,
when afterwards the Matter came to be more maturely debated among the Ministers of the Allies, upon
his Return to Utrecht, he did join in pressing the Ministers of France to give a further Answer in Writing.
And as to that Part which chargeth the said Earl
with suggesting Methods for France to make Use of,
to create Dissentions among the Allies, and procure
separate Negotiations between each of the Allies and
France; he saith, That it was generally thought most
proper, that the respective Demands of the Allies,
which were sometimes clashing and contradictory to
each other, should be considered apart, and not at
general Conferences with the French; which seemed
the more requisite, since no Prince or State had undertaken the Part of a Mediator, to reconcile the
Differences which might happen to arise among them,
as has been usual in former Treaties. If, therefore,
in a Letter to a Minister of the Queen, from the
Consideration of the Possibility that some might be
for the contrary Method, he intimated that the Inconvenience of such a Method would best appear by
beginning, in the Congress, to argue on some Demand of one of the Allies, which would probably
induce such Ally to propose the debating separately;
he hopes this can never be construed "the suggesting
a Method for France to make Use of, to create Dissentions among the Allies," or which could have any
Tendency to dissolve the Confederacy; it seeming rather, to him, a likely Means to prevent any such
unhappy Consequence: Sure he is, that he sincerely
laboured to prevent it; and, for that End, employed
his utmost Endeavours to obviate and discourage any
fallacious or unjustifiable Manner of transacting the
Negotiation of Peace. And he denies that he did
at any Time suggest any Method whatsoever, for
France to make Use of, to create Dissentions among
the Allies, or separate Negotiations between any of
the Allies and France, thereby to dissolve the Confederacy; and as he constantly opposed what he apprehended or suspected to have any such Tendency,
so he never failed to support, in the best Manner he
could, Her Majesty's Allies in their Demands against
France; and denies that, in the Course of the Negotiation, he was guilty of any treacherous Proceeding,
or of any Practices whatsoever, whereby he could
prostitute the Honour of the Queen or the Imperial
Crown of these Realms; or whereby he did violate
his Powers or Instructions, the Treaties Her Majesty
stood engaged in to Her Allies, or any Assurances
he had given them by Her Order, or in Her Name;
or whereby the Design of the Confederacy, or the
Support expected from it, were rendered useless; or
the Affairs of Europe given up into the Hands of
France.
"In Answer to the Second Article; the said Earl
saith, He always thought an Union and good Correspondence between Her late Majesty and the Illustrious House of Hanover of the utmost Importance,
and therefore used his best Endeavours to continue
and improve it; and never had the least Design to
create or widen any Differences or Misunderstandings
between them. He acknowledges, that the Parliament, with great Wisdom, provided Laws for preserving the Protestant Religion, establishing the Protestant Succession, and laying the Obligation of an
Oath on the Subjects of these Realms to maintain the
same; and the said Earl humbly hopes, that he, in
his Station, hath never been wanting in his faithful
Endeavours for the Security thereof: And, to his
great Honour, he hath frequently received from Her
late Electoral Highness the Princess Sophia, and from
His present Majesty, Their Approbation of his Zeal
for Their Service: And he does with great Pleasure
and Satisfaction reflect on the happy Success of his
Endeavours in the late Treaty of Peace at Utrecht,
by which France and Spain were brought to acknowledge our present Sovereign's Right of Succession to
the Imperial Crown of these Realms, and to engage
never to oppose or disturb the same directly or indirectly; whereby His Majesty had a peaceable Accession to the Throne, and the Benefit of the several
Laws made in Support of the said Succession will
more securely be transmitted to Posterity. The said
Earl denies that he, by false Representations, or by
any Reflections upon His Majesty, when Elector of
Hanover, in any Letter to the late Queen's Ministers
or otherwise, did endeavour to alienate Her Majesty's
Affections from His Electoral Highness: And saith,
That to such a general Charge it is impossible to
make any particular Answer or Defence; but the
said Earl is firmly persuaded, there is not any Expression, in any Letter by him wrote, that carries the
Appearance of any such false Representation or
Reflection; such Expressions being as remote from his
Heart and Intentions, as they are inconsistent with
that Respect to the Illustrious House of Hanover,
which, by the whole Tenor of his Actions, he hath
endeavoured to demonstrate. And therefore the said
Earl hath that Assurance of your Lordships Justice,
as to believe that no doubtful Words or Passages contained in any of his Letters, no Accounts or Censures (if any such there be) of what was said or done
by any Minister or Servant of His Electoral Highness, inconsistent, as he apprehended, with that Deference which ought to have been paid to Her late
Majesty, will be taken by your Lordships as an Evidence of any Design to alienate Her late Majesty's
Affections from His then Electoral Highness, or to
create or widen any Differences or Misunderstandings
between Them, with which the said Earl is charged
in the said Article. And as to the particular Reflection supposed to have been made by the said Earl,
in his Letter of the Seventeenth Day of July One
Thousand Seven Hundred and Twelve, on His then
Electoral Highness; the said Earl humbly hopes that
your Lordships will not interpret any Expression in
that Letter to have been meant of His Electoral
Highness, who is not so much as once named
throughout the same, and whom the said Earl hath
never mentioned, in any Letter whatsoever, without
the highest Respect and Veneration; but that your
Lordships will rather understand it, as it was meant,
with respect to the General of the Hanover Troops,
whose Conduct, the said Earl owns, he hath expressed
himself, as well in that as in some preceding Dispatches, not to have been intirely satisfied with:
How far he was right in his Opinion, he submits to
your Lordships wise Determination; but humbly
hopes, that no Representation thereof by him made,
however he may be thought to have been mistaken
therein, proceeding only from a sincere Zeal for the
Honour of His Royal Mistress and the Interest of his
Country, can be judged criminal. And the said
Earl saith, That the late Queen was so far from
being prevailed on, by his Advice, to make a Cessation of Arms with France, without Concert with His
Electoral Highness, or against the Consent or Representations of any of the Allies, that he can and doth
with Truth affirm, that Her Majesty's Resolutions,
concerning the said Cessation, were not taken upon
his Advice, or with his Privity. The said Earl doth
admit, that, about June or July One Thousand Seven
Hundred and Twelve, he was sent to the Army, by
Her Majesty's Command, with particular Instructions
touching the said Cessation; and that, in Pursuance
of his said Instructions, he discoursed several of the
Generals of the Allies, particularly Monsieur Buleau;
and that he might, in such Discourse, on the Sixteenth Day of July One Thousand Seven Hundred
and Twelve, affirm, as he then thought, "That Her
Majesty had made no Truce with France;" and the
said Earl was then of that Opinion; the Articles demanded by Her Majesty for a Cessation of Arms, as
the Conditions without which no Cessation was to be
made, not having at that Time, to his Knowledge
or Belief, been performed by France. And the said
Earl can assuredly say, That he doth not remember
he hath, at any Time, knowingly, affirmed to the Ministers of His said Electoral Highness, or any other
of the Allies, any Untruths, or any Thing contrary
to the Intentions or Interest of the late Queen, thereby to deceive or impose upon His Electoral Highness, or any of Her Majesty's Allies: And apprehends that he hath not, in any of his Negotiations or
Proceedings, prostituted or dishonoured the Character he was invested with; or done any Thing tending
to dissolve the mutual Confidence and good Understanding between Her late Majesty and the Illustrious
House of Hanover.
"In Answer to the Third Article; the said Earl denies any pernicious Negotiations of Peace to have
been carried on by him with the Ministers of France;
and saith, That, in the Paper mentioned in his Instructions to be signed by Monsieur Mesnager, and delivered to him, together with his said Instructions,
on or about the First Day of October One Thousand
Seven Hundred and Eleven, it is said, "The French
King will acknowledge the Queen of Great Britain
in that Quality, as also the Succession to that Crown
according to the present Establishment;" and in the
specific Explanation of the Offers of France, delivered the Eleventh of February following, it is said,
"The King will acknowledge, at the signing of the
Peace, the Queen of Great Britain in that Quality,
as well as the Succession to the Crown according to
the present Establishment, and in a Manner most
agreeable to Her Britannick Majesty:" But the said
Earl denies he ever heard that the French King proposed such Acknowledgement should not be before
the signing of the Peace; nor doth he conceive how
the Proposal (before the entering into the Negotiations of Peace) indefinitely to acknowledge the
Queen, and the subsequent Concession to do so at the
signing of the Peace in what Manner Her Britannick
Majesty should please, doth necessarily infer that
He would not do it sooner; nor are there, in any of
the Propositions from the French King, any negative
Words, that He would not do it sooner, as intimated
in this Article: And the said Earl apprehends, that,
in Fact, He did it sooner; for, when the Sieur Mesnager came into England, the said Earl is informed,
he brought with him a Credential Letter from the
French King, wherein Her Majesty was styled and acknowledged Queen of Great Britain: And, in the
very First Offers and general Conferences at Utrecht,
the French Ministers named Her Britannick Majesty in
such direct Manner, that the Ministers of the Allies
took it for a plain and sufficient Agnition; and the
French Ministers understood it in the same Manner,
who continued to name Her Majesty as Queen, without Reserve, in their Discourse and Letters to Her
Majesty's Plenipotentiaries: And although the said
specific Explanation may, in some Part of it, seem to
refer to a future Agnition, to prevent the Imperial
and other Ministers of the Allies from insisting likewise on a present Acknowledgement of the Titles of
their Masters, which might probably have put a
Stop to the Negotiation; yet, the said Earl conceives,
the Agnition of the Queen was not thereby the less
manifest; and is humbly of Opinion, that Her Majesty was treated with distinguishing Marks of Respect, inasmuch as those Titles were given Her,
throughout the whole Course of the Negotiation,
which had not been allowed on the like Occasions to
other Princes till the Conclusion of Peace. It is well
known, the Title of His late Majesty King William
was not acknowledged at Ryswick, till that Peace was
signed; nor was the Emperor's or the King of Prussia's owned, during the late Negotiations, till the
concluding Their respective Treaties of Peace. When,
therefore, the said Earl had no Instructions to insist
upon a more formal Acknowledgement; he hopes he
cannot be charged with any Want of Duty to Her
Majesty, or Want of Zeal for the Protestant Succession, in not advising Her Majesty against treating
with France, upon the Terms on which She entered
into the Negotiation at Utrecht. The said Earl
believes, the House of Lords, conceiving the French
King had proposed to acknowledge Her Majesty's
Title to these Realms no sooner than when the Peace
should be signed, did, by their Address of the Fifteenth Day of February One Thousand Seven Hundred and Eleven, with a commendable Zeal, represent to Her late Majesty their just Indignation at
such dishonourable Treatment, and express their Resentment at such Terms of Peace offered to Her Majesty and Her Allies by the Plenipotentiaries of
France; and it was agreeable to the Duty and Affection that August Assembly always demonstrated
towards that Excellent Princess, to be touched with
the least Appearance or Apprehension of Disrespect
to Her Sacred Person: And Her Majesty, being sensible that their Address proceeded from those Motives, was pleased to return them Her hearty Thanks,
for the Zeal they expressed for Her Honour. And
the said Earl admits, that, in a Letter from the Secretary of State to the then Lord Privy Seal and himself, Mention was made of the said Address; and
thereupon they gave an Account of the Steps by
them taken on this Subject, to the following Effect:
That, the Day after the Receipt of that Letter,
the French Plenipotentiaries were told, "That, the
deferring to make a formal Agnition of the Queen at
first having had all the Effect intended, it would be
proper then to do it more formally, for Reasons with
which it was needless to acquaint them; otherwise
it would be necessary to insert it in the British
Demands:" That they made no other Difficulty
in it but this, "That, having reported to their Court
how that Matter had passed, they ought, in Decency,
to give Account of what was then desired;" and said,
"They doubted not in Ten or Twelve Days to give
intire Satisfaction therein:" But, being pressed to do
something immediately, they agreed, "That, if Her
Majesty's Plenipotentiaries would write to them, they
would give an Answer, whereby the Queen should
be directly acknowledged:" Which was accordingly
done; and the said Earl believes, that a Copy thereof might be transmitted to Engl'd, but not the Original: And denies that, to his Knowledge, it was a
collusive Letter; or that there was any Agreement
between the British and French Ministers, not to make
Use of it at Utrecht, or not to have it taken as an
Acknowledgement by France of the Queen's Title to
the Crown; or that the Copy of it was transmitted
with Design to deceive or impose upon the Queen or
Parliament; nor doth he know, or believe, it was
made Use of for any such Purpose; but he takes it
to have been an actual Acknowledgement of the
Queen's Title by France, and a further Evidence
that such Agnition was not deferred till the signing
of the Peace, though it was intended to be then
made in a more solemn Manner. And the said Earl
believes the Honourable House of Peers, for whose
Judgement he ever had the highest Veneration and
Regard, were satisfied in this Point; since, by their
Address of the Tenth of June following, after they
had been acquainted, by Her Majesty's Speech from
the Throne, with the Terms on which a general
Peace might be had, they thought fit to thank Her
Majesty for Her Condescension therein, and did express their Reliance on Her Wisdom to finish that
great and good Work; as the House of Commons
also did, by their Address to Her Majesty, about the
same Time. And the said Earl is well assured, he
was not wanting in his Zeal and Regard for the Security of the Protestant Succession; on which Head the
British Plenipotentiaries, at the very First general
Conference with the French Ministers at Utrecht,
pressed their Explanation; and they agreed thereunto:
And, when the Allies delivered their respective Demands, the Queen's Ministers, on their Part, insisted
in such Manner on what related to the Security of
that Succession, that the Princess Sophia was pleased
to honour them with a Letter of Thanks, and to acknowledge their Care of the Interest of Her Family: Nor were they less careful, at the Conclusion of
the Treaty, to settle that important Point with the
utmost Exactness, to the Satisfaction of the Queen,
the Court of Hanover, and both Houses of Parliament; and the Articles for that Purpose were not
only conceived in stronger Terms than had been
made Use of at Ryswick, for acknowledging the then
Settlement of the Crown; but, before they were inserted in the Treaty, were communicated to the Minister of the Elector, and had His Approbation; and
the Manner of that Transaction seems sufficiently
justified, from the happy Effects. The said Earl absolutely denies, that he did ever concert or agree
with the Ministers of France, that any Proposals
mentioned in the said Article, or any other Proposals
whatsoever, should be the Conditions whereon France
should treat of Peace with Great Britain: Nor doth
he know that the Queen, the Parliament, or the
Nation, were in any respect abused, or drawn into
destructive Measures; or that any Step was taken,
on this Occasion, whereby Dishonour could accrue to
Her Majesty or these Kingdoms, or any Danger to
the Protestant Succession.
In Answer to the Fourth Article; the said Earl
faith, That the Bishop of Bristol and himself, being
appointed Her Majesty's Plenipotentiaries, did, soon
after their Arrival at Utrecht, pursuant to their Instructions, begin by concerting with the Ministers of
the Allies, in what Manner it was most proper to
open the Conferences, and what Method was to be
observed in the Progress of the Treaty; and if it had
been thought proper to begin with the Disposition of
the Spanish Monarchy, the said Earl was ready to
have insisted as the said Instructions directed him to
do in that Case; but, upon such Concert, it was
thought most adviseable, and so agreed by all the
Ministers of the Allies, that each of them should, by a
separate Instrument, make their respective Demands,
with a general Clause to support each other's just
and reasonable Pretensions; and this was looked
upon as the most proper Method, and necessary to
avoid that Confusion which would otherwise ensue
from the Contrariety of the Demands of the several
Allies; it being then known, that many of them did
and would insist to have the same Thing for themselves, in Opposition to each other. The Imperial
Ministers, as well as the rest, acquiesced in that
Method; and at a following Conference, it was
further desired, that there should be added to such
general Clause the Words in Conformity to their
Alliances, with which the said Bishop and Earl, as
well as the rest, most readily complied; and these
Words were accordingly added to the general Clause
in each of the Allies Demands, which seemed to
give a general Satisfaction; and there was nothing
further at that Time insisted on. In Consequence of
this Agreement, it was the general Expectation, that
the Demand relating to Spain and The West Indies
should be particularly inserted only in the Instrument to be given in by the Imperial Ministers: But
there having been a Day long before fixed for delivering in to the French all the Demands of the
Allies; the Imperialists, the very Night preceding,
at a Conference, proposed, "That all the Allies
should mention Spain and The West Indies likewise in
their several Demands." This caused a general Surprize, and none but the Ministers of Portugal concurred with them; those of The States in particular
declared, "The said Dominions ought to be demanded by them whom it did immediately concern; and
that the Method Things had been put into, could
not suffer it to be otherwise:" But the next Morning,
to give Content to the Imperialists, they yielded to
make a verbal Declaration among the Allies, "That
they were resolved to make good all their Treaties
on Occasion of this War, as well those that related
to Spain, as those make with Portugal, Prussia, Savoy,
and others." The British Plenipotentiaries, to give
the like Satisfaction, declared publicly at the Conferences the same Day, "That as Her Majesty insisted for a just and reasonable Satisfaction for all Her
Allies, in Conformity to all Her Alliances, those
that might concern Spain and The Indies were understood thereby, as well as others that concerned the
Interest of the rest of the Allies;" wherewith the
Austrian and Portuagal Ministers seemed satisfied; nor
did they request any Thing further from the said
Bishop and Earl on that Head. And therefore he
humbly apprehends, that, in the Negotiation, he
neither declined to insist that Spain and The West Indies
should not be allotted to the House of Bourbon, as
far as his Instructions directing him to act in Concert
with the rest of the Allies required; nor refused to
join with the Imperial and Portugal Ministers, or
either of them, to strengthen that Demand in such
Manner as was proper; but in this, and all other
Matters, he pursued with Constancy the Orders he
from Time to Time received from Her Majesty, as
the Nature and Circumstances of Things would give
Leave; and in case Her late Majesty found it impracticable to persist in Her First Designs of gaining
Spain and The West Indies from the House of Bourbon,
and thought other Expedients for preventing the
Union of the Two Monarchies of Spain and France,
might as well answer the Ends of Her several Alliances, and did thereupon enter into other Measures
for obtaining a general Peace, in which Her Allies
concurred; the said Earl hopes, that his conforming
himself to the Measures not only prescribed by Her
Majesty, whose Minister he was, and whom it was
his Duty to obey, but also approved by both Houses
of Parliament, will not be esteemed an acting in
Defiance of the Treaties between Her Majesty and
Her Allies, in Contempt of the Advice or Opinion
of Parliament, or in Violation of his Instructions:
And he cannot entertain such Diffidence of your Lordships Justice and Goodness, as to suspect that his
Actions, which proceeded from a Principle of Obedience to His Sovereign, and Zeal for the Public
Service, should be condemned as perfidious or unwarrantable. And the said Earl denies that, by any
of his Practices, any Jealousies or Discords were
created between Her Majesty and Her Allies, the
mutual Confidence between them was dissolved, the
just Balance of Power in Europe betrayed, or any
Advantage given to the common Enemy to impose
what Terms of Peace he should think fit upon Her
Majesty or any of the Confederates.
"In Answer to the Fifth Article; the said Earl doth
acknowledge, that Her late Majesty, in Her Speech
from the Throne, on the Seventh Day of December
One Thousand Seven Hundred and Eleven, having acquainted Her Parliament, "That both Time and Place
were appointed for opening a Treaty of Peace," did
at the same Time remind them, "That the best Way
to make the Treaty effectual, would be to make
early Provision for the Campaign;" and believes Supplies were granted, and Magazines provided, for that
End: But the said Earl faith, That, at the Time in the
said Article for that Purpose mentioned, he was not
informed of any reasonable Prospect the Confederates
then had of gaining new Conquests over the Army
of France; nor doth he believe that the Confederate
Army at that Time was the strongest that had been
in the Service during the whole Course of the War;
but, upon the Informations he received at The Hague,
about the Nineteenth-Thirtieth of April One Thousand Seven Hundred and Twelve, he understood,
that the French were better posted than the Confederates, and their Army stronger; and that the
Confederate Forces could not march to surprize the
French in their Lines till they had green Forage,
which would not be up in Three Weeks at soonest;
and that the French had all their Troops, and the
Confederates wanted great Part of theirs, especially
the Imperialists, who it was thought could not, and
in Fact did not, join the Army till about a Month
after; and the said Earl conceiving the Treaty of
Peace in so great Forwardness, that, by a constant
Application of the Plenipotentiaries, it might probably be brought to a Conclusion in a Month's Time;
he did, upon these Considerations, apprehend it
would not have been any Disservice to the common
Cause, if a Cessation of Arms for a Month had been
then agreed on, during which Time the Negotiation
might have been ended one Way or other; and he
believes that, according to his Duty, he might about
that Time, in a Letter to Her Majesty's Secretary of
State, send an Account of the Posture and Condition
of the Two Armies; but denies that he took upon
him to counsel or advise on that Subject, but only
proposed the Matter for further Deliberation in
England, if upon those or other Accounts such a
short Cessation should be thought necessary; much
less did he then, or at any other Time, suggest or
advise any Cessation of Arms to be made with France,
without or against the Consent of the Allies, or with
Design to disappoint any just Expectation they might
have, or to give Success to any secret or wicked
Negotiations whatsoever; and he is not yet sensible
that a Cessation for a Month, at that Time, could
have been any Hindrance or Prejudice to the Cause
of the Allies, or have given the least Advantage to
the Enemy: However, in Fact, no Cessation was made
upon his said Letter. The said Earl saith, he doth
not know, or believe, that, in Pursuance of any Counsel or Advice given by him, any Directions were
sent to Her Majesty's General in Flanders, to avoid
engaging in any Siege, or hazarding a Battle; nor
was he privy to the sending any such Directions;
and he denies that he advised Her late Majesty to
send any Person, much less himself, from England, to
the Army in Flanders, to cause a Cessation of Arms
to be made or proclaimed, between Her Majesty and
the French Army; but acknowledges that, he being
Her Majesty's Ambassador, She was pleased to give
him Orders and Instructions, under Her Sign Manual,
dated the Twenty-first Day of June One Thousand
Seven Hundred and Twelve, whereby he was commanded "to make all possible Dispatch to the Army
in The Low Countrys; and, upon his Arrival there,
to inform Her General and Commander in Chief of
the Resolutions taken in the then important Conjuncture of Affairs; and also to declare to the Generals and Commanders in Chief of the Foreign
Troops in Her Majesty's Pay, and in the Joint-pay
of Her Majesty and The States General, with how
much Surprize Her Majesty heard there was the least
Doubt of their obeying such Orders as they should
receive from her said General; and likewise commanding the said Earl to continue with the said Army,
till the Affair of the Suspension of Arms and the
Surrender of Dunkirk were determined one Way or
other;" and that thereupon he resorted to The
Hague, and there, in Conjunction with his Colleague
the then Lord Bishop of Bristol, acquainted The States
General with Her Majesty's Intentions for a short
Cessation of Arms between the Armies in The Netherlands, upon certain Conditions to be performed
by France, One of which was, the Surrendry of
Dunkirk into Her Majesty's Possession; inviting The
States to join with Her Majesty therein. After this,
the said Earl proceeded to the Army, and acted
conformably to his said Instructions; and hopes, that
what was the Performance of his Duty, will not be
imputed to him as a Crime: But the said Earl denies
that any Cessation or Separation of the Troops was
executed or performed by his Advice; nor was he
otherwise concerned therein, than in signifying the
Orders he had in Command from Her Majesty to Her
General; and he believes, from the best Judgement
he can make upon the them Situation of Affairs, that,
if the Cessation that was made by Her Majesty had
been generally complied with by the rest of the
Army, it would have increased the Confidence between Her Majesty and Her Allies, and have obliged
the French King more speedily to comply with their
Demands in the Negotiations of Peace; and that the
most promising Expectations from the Operations of
the Campaign, during those Two Months for which
the Cessation was to continue, could not equal the
Advantage accruing to the Confederates by the Surrender of the important Fortress of Dunkirk, which
was put into Her Majesty's Hands as One of the
Conditions of it.
"In Answer to the Sixth Article; the said Earl, not
admitting that he did advise or procure a Cessation
of Arms, or obtain for France any Separation of the
Troops of Great Britain from the Confederate Army,
or was otherwise concerned therein than as in his
Answer to the preceding Article is set forth, denies,
with a just Abhorrence, that he ever had any treacherous Purposes, to advance or promote the Interests
of France, or to render any future Correspondence
or Harmony between Her late Majesty and The States
General impracticable, or to weaken or distress the
said States, or bring them under any Necessity of
complying with, or submitting to, the Measures of
France; nor did or doth he know, or believe, that
the taking Possession of Ghent and Bruges by the
British Troops was likely to produce any such Consequence; on the contrary, he conceives, that it was
very much for the Advantage of the Allies, especially
The States General, that the English took Possession of
those Towns, which would otherwise, in all Probability, have fallen into the Hands of the French.
The said Earl doth acknowledge, that, when the
British Troops were left by the other Forces who
separated from them, and were under a Necessity of
retiring to some Place of Security, and it was reported that the Dutch had given Orders to all the
Commanders of the Towns in their Possession to refuse them Admittance or Passage, he did not think
the Resolution improper, which was taken by Her
Majesty's General, to send a Party of the Queen's
Troops to march through some Part of those Towns,
to make Experiment whether they would refuse
them Passage; for, if Passage should not be refused
them, the Dutch would be vindicated from the Report which had been given out, so highly reflecting
on their Honour, and so repugnant to the repeated
Professions and Assurances of the Good-will and
Friendship they had so constantly declared for Great
Britain; and if such Passage should be refused, it
would demonstrate the Necessity the English Troops
were under of resorting to Ghent and Bruges: However, the said Earl doth not admit that he did advise
therein; much less had he any such Hopes or treacherous Designs as in the said Article are mentioned;
nor did he seek any Pretence to put in Execution
any Design or Resolution concerted with the Ministers
of France; nor was any such Design or Resolution,
to his Knowledge or Belief, concerted: The said Earl
doth believe, that a Party of the Queen's Troops,
being sent with Intentions to obtain Admittance into
some of the Towns in Flanders, where some of the
English Magazines and Hospitals were, or at least to
obtain a Passage through them to some other Places
of Security, were refused by the Dutch Commanders,
although those Towns had been conquered chiefly by
British Blood and Treasure: But The States General
disavowed their giving any Orders for that Purpose;
and thereby rescued themselves from the Reproach
of an Usage, that might have been thought inhuman
to Confederate Troops, who had spent their Blood
for their Service, and had done no Act of Hostility,
nor given any just Reason to The States to apprehend
any ill Consequences from such Passage or Admittance. The said Earl doth acknowledge, that, after
this Refusal of the Dutch Commanders to receive
any of the Queen's Troops into, or permit them to
pass through, the Towns in their Possession, they retired into Ghent and Bruges; the former having been
their usual Quarters, and the Citadel thereof having
been garrisoned by them from the Beginning of the
Campaign: But the said Earl does not know, or believe,
there was any treacherous or destructive Design in
the marching of those Troops into, or taking Possession of, those Towns; nor doth he know, or believe,
it was done in Concert with any of the Ministers of
France, who, he is confident, were not privy to, or
knew any Thing of it, till after it was executed; nor
doth the said Earl discern how it contributed to the
Prejudice of the Confederates, or Advantage of the
French Army: But, on the contrary, the said Earl
is very well assured, that it proved greatly to the
Advantage and Security of the former, whose Convoys were thereby protected, and the Communication
between Holland and the Confederate Army kept
open; and the Advantages thereby to the common
Cause were so notorious and visible, that the Allies
frequently expressed their Satisfaction that those important Places had been so well secured, by which
Means the Allies had all the Advantages of those
Towns without being at the Expence of Garrisons,
the furnishing of which would have obliged them to
make such Detachments from their Army as would
have rendered it difficult for them to have kept the
Field; and, on the other Hand, the French Ministers
frequently complained of the great Disadvantages occasioned thereby to the Arms of their Master, whom
they thought not well treated by Her Majesty on that
Account: And the said Earl apprehends, that the
British Troops had equal Right with those of The
States, to enter into Ghent and Bruges, or any other
Place of The Low Countrys, which by Agreement
were under the joint Government of the Queen and
The States General; and this happened at that Time
to be of the greater Importance, since the Queen's
Troops were thereby enabled to maintain a Communication with Dunkirk and England; and was afterwards found likewise very useful, towards obtaining
the Removal of the unjustifiable Impositions laid by
the Dutch upon the British Merchandize in the new
Conquests in The Netherlands, which they themselves
had many Months owned to be a Grievance, but had
not before thought fit to redress.
"The said Earl humbly hopes, he has fully answered
the several Articles exhibited against him; and he
doubts not but your Lordships will, in your great
Wisdom, maturely weigh the Nature of the Charge,
which is chiefly founded on his Transactions Abroad
with the Ministers of Foreign Princes and States,
whose Testimony, though never so material towards
clearing his Innocence, it will be impossible for him
to produce: He assures himself, your Lordships will
have a due Regard to the wide Extent, the great
Length and Intricacy, of the Negotiations wherein he
was engaged by his late Sovereign's express Commands; to which he did the more chearfully submit,
being joined in the most considerable Parts thereof
with a Reverend Prelate, whose long Residence
Abroad, and Experience in the Methods of treating
with Foreign Princes and States, had abundantly
qualified him for the Discharge of so important a
Trust. However the said Earl on his Part may in
any respect have been unequal to to the Province
assigned him; yet sure he is, that he always endeavoured to acquit himself therein with the utmost
Integrity; and cannot but express a just Derestation
of the many evil Intentions wherewith he is loaded
by the said Articles: And, as he humbly apprehends
the several Facts mentioned in the Articles (if they
could be proved) will not appear criminal, abstracted
from the ill Motives and Designs from which they are
supposed to proceed; so, he is fully persuaded, your
Lordships will distinguish between the Actions themselves and the Intentions wherewith they are charged
to be done; and he assures himself, that your Lordships
will judge of the Sincerity of his Intentions by the
Tenor of all his Letters and Papers, and not by any
particular Passages selected from them; and is secure
in your Lordships Justice, that no strained Construction of any such Passages will be made by your
Lordships to his Prejudice. He cannot but think
himself extremely unfortunate, in falling under the
Displeasure of the Honourable House of Commons;
nor could he receive the First Intimation of it without
the greatest Surprize, not being conscious to himself
that he had transgressed any known Law. He was not
without Hopes, having spent the best and greatest
Part of his Life Abroad in the Army and in several
Embassies, always endeavouring to promote the Welfare of his Country, that he might at his Return have
met with its Approbation, as a Recompence for his
long and faithful Services; however, he comforts
himself with this Reflection, that every Step of his
Proceedings in the late Negotiation was laid before
Her Majesty, and received Her Royal Approbation:
Nor will it, he conceives, be judged improper, if he
observes to your Lordships, that The States General,
in the Letter to Her Majesty a little before the
signing the Peace, acknowledged they could not
enough commend Her Plenipotentiaries, for the Assistance they had given them in their Treaty with France;
and that all the Allies gave frequent Marks of their
Esteem for the said Earl and his Colleague, on Account of the many Services they had received from
them. The said Earl is confident, it will appear to
your Lordships, that although he did, with the utmost
Application, pursue the Good of his own Country
preferably to that of any other Nation whatsoever;
yet he was never wanting to promote the Advantage
of the Allies, particularly of The States General,
where it did not interfere with the Interest of Great
Britain. A separate Treaty of Peace was so far from
his Thoughts, that, on the contrary, he was trully
zealous to make it general; and he had the Happiness to succeed therein, in as great a Degree as was
ever known when so many Consederates were concerned; nor was the said Earl less zealous in supporting, to the utmost of his Abilities, the Honour
and Reputation of his late Royal Mistress, which was
so far from being prostituted, or suffering any Diminution, by his Negotiations, that Her Majesty did,
through the whole Course of those Negotiations, and
to the very Hour of Her Death, maintain as great
and glorious a Character as any of Her Royal Predecessors, or as She Herself had done in any former Part of Her Reign.
"And as to all other Matters and Things in the said
Articles contained, and not herein before particularly answered; the said Earl faith, he is
not guilty of them, or any of them, in the
Manner and Form as the same are charged upon
him in and by the said Articles; and humbly
submits himself to your Lordships Judgement.
"Strafford."
Die Lunæ, 7 Maii, 1716,
hitherto examined by us,
Stamford.
Clarendon.
Yarmouth.
Warrington.
A. Menev.
Haversham.
Ordered, That a Copy of the said Answer be prepared; and, when the same hath been carefully examined by the Clerk, it be sent by a Message to the
House of Commons.
E. of Derwentwater impeached.
A Message was brought from the House of Commons,
by Mr. Lechmere and others, as follows:
"My Lords,
"The Commons of Great Britain in Parliament assembled, having received Information of divers Treasons committed by a great Peer of this House, James
Earl of Derwentwater, have commanded me to impeach the said James Earl of Derwentwater of High
Treason: And I do here, in their Names, and in the
Names of all the Commons of Great Britain, impeach
the said James Earl of Derwentwater of High Treason. And I am further commanded by the House of
Commons, to acquaint your Lordships, that they will,
with all convenient Speed, exhibit to your Lordships
Articles to make good the Charge against him."
L. Widdrington impeached.
A Message was brought from the House of Commons,
by Mr. Pulteney and others, as follows:
"My Lords,
"The Commons of Great Britain in Parliament
assembled, having received Information of divers
Treasons committed by a great Peer of this House,
William Lord Widdrington, have commanded me to
impeach the said William Lord Widdrington of High
Treason: And I do here, in their Names, and in the
Names of all the Commons of Great Britain, impeach
the said William Lord Widdrington of High Treason.
I am further commanded by the House of Commons,
to acquaint your Lordships, that they will, with all
convenient Speed, exhibit to your Lordships Articles
to make good the Charge against him."
E. of Nithisdale impeached.
A Message was brought from the House of Commons,
by Mr. Comptroller and others, as follows:
"My Lords,
"The Commons of Great Britain in Parliament
assembled, having received Information of divers
Treasons committed by a Peer of this Realm, William Earl of Nithisdale, have commanded me to impeach the said William Earl of Nithisdale of High
Treason: And I do here in their Names, and in the
Names of all the Commons of Great Britain, impeach the said William Earl of Nithisdale of High
Treason. And I am further commanded by the
House of Commons, to acquaint your Lordships,
that they will, with all convenient Speed, exhibit to
your Lordships Articles to make good the Charge
against him."
E. of Winton impeached.
A Message was brought from the House of Commons,
by Mr. Hampden and others, as follows:
"My Lords,
"The Commons of Great Britain in Parliament
assembled, having received Information of divers
Treasons committed by a Peer of this Realm, George
Earl of Winton, have commanded me to impeach the
said George Earl of Winton of High Treason: And I
do here, in their Names, and in the Names of all
the Commons of Great Britain, impeach the said
George Earl of Winton of High Treason. And I am
further commanded by the House of Commons, to
acquaint your Lordships, that they will, with all convenient Speed, exhibit to your Lordships Articles to
make good the Charge against him."
E. Carnwath impeached.
A Message was brought from the House of Commons, by the Lord Finch and others, as follows:
"My Lords,
"The Commons of Great Britain in Parliament
assembled, having received Information of divers
Treasons committed by a Peer of this Realm, Robert
Earl of Carnwath, have commanded me to impeach
the said Robert Earl of Carnwath of High Treason:
And I do here, in their Names, and in the Names
of all the Commons of Great Britain, impeach the
said Robert Earl of Carnwath of High Treason.
And I am further commanded by the House of
Commons, to acquaint your Lordships, that they will,
with all convenient Speed, exhibit to your Lordships Articles to make good the Charge against
him."
Viscount Kenmure impeached.
A Message was brought from the House of Commons,
by the Earl of Hertford and others as follows:
"My Lords,
"The Commons of Great Britain in Parliament
assembled, having received Information of divers
Treasons committed by a Peer of this Realm, William Viscount Kenmure, have commanded me to impeach the said William Viscount Kenmure of High
Treason: And I do here, in their Names, and in the
Names of all the Commons of Great Britain, impeach the said William Viscount Kenmure of High
Treason. I am further commanded by the House of
Commons, to acquaint your Lordships, that they will,
with all convenient Speed, exhibit to your Lordships Articles to make good the Charge against
him."
L. Nairn impeached.
A Message was brought from the House of Commons, by Mr. Wortley and others, as follows:
"My Lords,
"The Commons of Great Britain in Parliament
assembled, having received Information of divers
Treasons committed by a Peer of this Realm, William Lord Nairn, have commanded me to impeach
the said William Lord Nairn of High Treason: And
I do here, in their Names, and in the Names of all
the Commons of Great Britain, impeach the said
William Lord Nairn of High Treason. And I am
further commanded by the House of Commons, to
acquaint your Lordships that they will, with all convenient Speed, exhibit to your Lordships Articles to
make good the Charge against him."
Messages from H. C. to desire the Lords would continue sitting.
A Message was brought from the House of Commons,
by Sir John Rushout and others:
To desire that this House will continue sitting some
Time longer.
To which the House agreed.
And the Commons were called in; and the Lord
Chancellor acquainted them, "That the Lords will continue sitting some Time longer, as is desired."
The House was adjourned during Pleasure.
The House was resumed.
Message from thence, with the Articles of Impeachment against the Earls of Derwentwater, Nithisdale, Carnwath, and Winton; Viscount Kenmure, and the Lords Widdrington and Nairn.
A Message was brought from the House of Commons, by Mr. Letchmere and others:
Who said, "He was commanded by the House of
Commons, to deliver to this House Articles of Impeachment of High Treason, against James Earl of
Derwentwater, William Lord Widdrington, William
Earl of Nithisdale, George Earl of Winton, Robert
Earl of Carnwath, William Viscount Kenmure, and
William Lord Nairn." He said, "He was also commanded by the Commons, to acquaint their Lordships, that they are ready to maintain their Charge."
And he delivered in the said Articles.
Which were read, as follows:
"Articles of Impeachment of High Treason, exhibited against James Earl of Derwentwater,
William Lord Widdrington, William Earl of
Nithisdale, George Earl of Winton, Robert
Earl of Carnwath, William Viscount Kenmure,
and William Lord Nairn.
"Whereas, for many Years last, a most wicked
Design and Contrivance has been formed and carried
on, to subvert the ancient and established Government
and the good Laws of these Kingdoms, to extirpate
the true Protestant Religion therein established, and
to destroy its Professors, and, instead thereof, to introduce and settle Popery and arbitrary Power; in
which unnatural and horrid Conspiracy, great Numbers of Persons of different Degrees and Qualities
have concerned themselves and acted; and many Protestants, pretending an uncommon Zeal for the Church
of England, have jointed themselves with professed
Papists, uniting their Endeavours to accomplish and
execute the aforesaid wicked and traiterous Designs.
"And whereas it pleased Almighty God, in His
good Providence, and in His great Mercy and Goodness to these Nations, to crown the unwearied Endeavours of His late Majesty King William the Third,
of Ever-glorious Memory, by making Him the Instrument to procure the Settlement of the Crown of
these Realms in the Illustrious House of Hanover, as
the only Means under God to preserve our Religion,
Laws, and Liberties, and to secure the Protestant Interest of Europe; since which happy Establishment, the
said Conspirators have been indefatigable in their Endeavours to destroy the same, and to make Way for
the vain and groundless Hopes of a spurious Impostor
and Popish Pretender to the Imperial Crown of these
Realms; and, to accomplish these Ends, the most immoral, irreligious, and unchristain-like Methods, have
been taken; but more particularly in the last Years
of the Reign of the late Queen Anne, during which
Time all imaginable Endeavours were used by the
said Conspirators to prejudice the Minds of the Subjects of this Realm against the Legality and Justice
of the said Settlement of the Crown; and, for that
Purpose, the holy Scriptures were wrested, and the
most wholesome Doctrines of the Church of England
perverted and abused, by Men in Holy Orders, in
the most public and scandalous Manner, in order to
condemn the Justice of the late happy Revolution,
and thereby to sap and undermine the Foundation
of the said happy Establishment; and the most notorious Instruments of these wicked Purposes were
countenanced by particular Marks of public Favour
and Distinction; false and dangerous Notions of a
sole Hereditary Right to the Imperial Crown of these
Realms were propagated and encouraged by Persons
in the highest Trusts and Employments, contrary to
the ancient undoubted and established Laws of these
Kingdoms; Jesuitical and scandalous Distinctions were
invented, and publicly inculcated, to enervate the
Force and Obligation of those Oaths, which had
been contrived in the plainest and strongest Terms,
by the Wisdom of Parliament, for the Security of the
said Establishment; and, to conceal their Designs,
thereby the better to enable them to carry on the
same, great Numbers of the said Conspirators, of all
Ranks and Conditions, pretending a Zeal for the
Protestant Succession, openly and voluntarily took
the said Oaths; groundless Fears of the Danger of
the Church of England were fomented throughout
these Kingdoms, to disorder the Minds of well-disposed Protestants. By all which and many other
such ungodly Practices of the said Conspirators, the
most causeless and dangerous Jealousies and Dissatisfactions were created in the Minds of the good
People of this Kingdom, and great Numbers of wellmeaning but deluded Protestants were much disquieted; but nevertheless, these dishonest Methods
were pursued by the said Conspirators with indefatigable Industry, as the only Means to weaken the
Foundations of the said happy Establishment.
"And whereas the Dissolution of the late glorious
Confederacy against France, and the Loss of the
Balance of Power in Europe, were further Steps
necessary to compleat the Designs of the said Conspirators, and the same being effected by the late
ignominious Peace with France, the French King
was rendered formidable, and the Protestant Succession was thereby brought into the most imminent
Danger; and, by these and other pernicious Measures,
the Destruction so long intended by the said Conspirators for these poor Nations seemed near at
Hand; at which Time, and under which most deplorable Circumstances, it pleased Almighty God,
in His infinite Wisdom, to call to Himself the late
Queen Anne, and, by a Concurrence of many most
wonderful Providences, to give a quiet and peaceable
Accession to His present Most Gracious Majesty to the
Throne of His Ancestors, to which He was received
with one full Voice and Consent of Tongue and
Heart, and the united Joy of every good Subject
and good Protestant, as their only lawful and rightful
Liege Lord; and although, from the Moment His
Majesty ascended the Throne to this Day, His Reign
has been one Series of Wisdom, Justice, and Clemency, His Labours constant, unwearied, and successful, to retrieve the Honour and Reputation of
these Nations, to re-establish the Trade and recover
the Wealth of His Kingdoms; and although all
imaginable Encouragement has been given to the
Church of England, and all Tenderness shewn even
to His Popish Subjects, and His constant Care has
been to procure the universal Good of His People
nevertheless the said Conspirators have, by the most
vile and impious Methods, renewed their Endeavours
to throw these Kingdoms into the utmost Confusion,
and to entail endless Miseries on us and our Posterities: For these Ends, many of the above-mentioned most wicked and dangerous Practices have been
repeated, with the utmost Industry and Inveteracy,
to delude, disorder, and corrupt, the Minds of His
Majesty's good Subjects; the most groundless Jealouties have been fomented against His wise and
happy Administration; and, in many Parts of His
Kingdoms, the most unnatural unexampled Riots and
Tumults, by the secret and malicious Endeavours of
the said Conspirators, have been procured, stirred
up, and encouraged, against His peaceable Protestant
Subjects, under false Pretences of Zeal for the
Church of England, and thereby more effectually
to delude His good Subjects, and seduce them from
their Allegiance, and prepare them for an open
Rebellion.
"And the said Conspirators, having at length resolved to deprive these Nations of the invaluable
Blessings which they now enjoy under the wise and
gentle Reign of His present Most Gracious Majesty
King George, and of the certain Prospect of Happiness which they have for their Posterity in a Succession of Princes derived from Himself, did contrive,
consederate, and resolve, to put their most malicious,
wicked, and traiterous Designs, into immediate Execution; for which Purpose, James Earl of Derwentwater, William Lord Widdrington, William Earl of
Nithisdale, George Earl of Winton, Robert Earl of
Carnwath, William Viscount Kenmure, and William
Lord Nairn, together with Thomas Forster Junior,
the Lord Charles Murray, Edward Howard, Thomas
Errington, John Clavering, William Shaftoe, Sir Francis Anderton, Ralph Standish, Richard Townley, Thomas Butler, Thomas Walton, Gabriel Hesket, Richard
Gascoigne, and divers other Persons, as false Traitors
to His present Most Sacred Majesty King George, the
only lawful and undoubted Sovereign of these Kingdoms, having withdrawn their Allegiance and cordial
Love, and true and due Obedience, which they as
good and faithful Subjects owed to His said Majesty,
did, in or about the Months of September, October,
or November, One Thousand Seven Hundred and
Fifteen, most wickedly, maliciously, falsely, and traiterously, imagine and compass the Death of His said
Most Sacred Majesty.
"And, for the accomplishing and executing their said
traiterous Purpose, they the said James Earl of Derwentwater, William Lord Widdrington, William Earl of
Nithisdale, George Earl of Winton, Robert Earl of
Carnwath, William Viscount Kenmure, and William
Lord Nairn, did, in or about the said Months or
some of them, and at divers other Times, and in
divers Places within this Kingdom, wickedly and
traiterously agree, confederate, conspire, and resolve,
together with many other evil-disposed Persons, to
raise, excite, and levy, within the Counties of Teviotdale, Northumberland, Cumberland, and the County
Palatine of Lancaster, and elsewhere within this Kingdom, a most cruel, bloody, and destructive War
against His Majesty, in order to depose and murder
his Sacred Majesty, and to deprive Him of His Royal
State, Crown, and Dignity.
"And the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale,
George Earl of Winton, Robert Earl of Carnwath,
William Viscount Kenmure, William Lord Nairn, their
Accomplices and Confederates, in or about the
Mouths aforesaid, in the Counties aforesaid, or some
of them, did gather together great Numbers of His
Majesty's Subjects, and with them did assemble in a
warlike and traiterous Manner, in order to raise
Tumults and Rebellion within this Kingdom; and,
having procured great Quantities of Arms, Ammunition, and Warlike Instruments, at the Times and
Places aforesaid, or some of them, did form and
compose, or did assist in the forming and composing,
an Army of Men, consisting of His Majesty's Liege
Subjects, in order to wage War against His said
Majesty, for and in Behalf and in Favour of
the said Pretender to the Crown of these Realms;
and the said last-mentioned Conspirators, their Accomplices and Confederates, at the Time and Times
and Places aforesaid, and at divers other Times and
Places within this Kingdom, did maliciously and traiterously make, levy, and raise War and Rebellion
against His Most Sacred Majesty; and, in a warlike
and hostile Manner, did march through and invade
several Parts of this Kingdom, and did unlawfully
take and seize the Horses and other the Goods and
Chattels of many of the peaceable and good Subjects of His Majesty; and in other Places did take
and seize from His Majesty's faithful Subjects Guns
and other warlike Instruments, for the carrying on
their traiterous Purposes; and the said last mentioned
Conspirators, their Complices and Confederates, during their March and Invasion aforesaid, in open Defiance of His most Sacred Majesty's just and undoubted
Title to the Imperial Crown of these Realms, did
wickedly and traiterously cause and procure the said
Pretender to be proclaimed, in the most public and
solemn Manner, as King of these Realms; and, in several Places in the Counties aforesaid, or some of them,
did unlawfully take and seize, from His Majesty's
Officers of the Revenue, the public Money, for the
Use and Service of the said Pretender; and, though
many of the Conspirators are avowed Professors of
the Popish Religion, yet, the more effectually to cover
and disguise their most wicked and traiterous Designs,
and to delude His Majesty's Subjects, they did prevail on and procure several Men in Holy Orders,
Ministers of the Church of England, and who had
before that Time abjured the said Pretender, to accompany, countenance, and abet, the said most traiterous Enterprize; and, in several Places in the
Counties aforesaid, where the said Conspirators their
Complices and Confederates then were, to pray for
the said Pretender, in the public Churches, as King of
these Realms.
"That the said last mentioned Conspirators, their
Accomplices and Confederates, did, in or about the
Ninth, Tenth, Eleventh, Twelfth, or Thirteenth of
November aforesaid, traiterously seize and possess
themselves of the Town of Preston, in the County
Palatine of Lancaster, against His Majesty; and did
then and there, in a warlike and hostile Manner, levy
War, oppose, engage, and fight against, His Majesty's Forces; and did then and there cause and procure a miserable and horrid Slaughter and Murder of
many of His Majesty's faithful Subjects.
"All which Treasons and Crimes abovementioned
were contrived, committed, perpetrated, acted, and
done, by the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale,
George Earl of Winton, Robert Earl of Carnwath,
William Viscount Kenmure, William Lord Nairn, and
other the Conspirators aforesaid, against our Sovereign Lord the King, His Crown and Dignity, and
contrary to the Duty of their Allegiance, and against
the Laws and Statutes of this Kingdom.
"Of all which Treasons and Crimes the Knights,
Citizens, and Burgesses, in Parliament assembled, do,
in the Name of themselves and of all the Commons
of Great Britain, impeach the said James Earl of
Derwentwater, William Lord Widdrington, William
Earl of Nithisdale, George Earl of Winton, Robert
Earl of Carnwath, William Viscount Kenmure, William
Lord Nairn, and every of them.
"And the said Commons, by Protestation, saving to
themselves the Liberty of exhibiting at any
Time hereafter any other Accusations or Impeachments against the said James Earl of Derwentwater, William Lord Widdrington, William
Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any of them;
and also of replying to the Answers which the
said James Earl of Derwentwater, William Lord
Widdrington, William Earl of Nithisdale, George
Earl of Winton, Robert Earl of Carnwath,
William Viscount Kenmure, and William Lord
Nairn, or any of them, shall make to the Premises, or any of them, or to any Impeachment
or Accusation that shall be by them exhibited,
according to the Course and Proceedings of
Parliament: And do pray, that the said James
Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of
Winton, Robert Earl of Carnwath, William Viscount
Kenmure, and William Lord Nairn, be put to
answer all and every the Premises; and that
such Proceedings, Examinations, Trials, and
Judgements, may be upon them, and every of
them, had and used, as shall be agreeable to
Law and Justice."
Lords already under Commitment:
Which Articles being read:
The Lord Viscount Townshend acquainted the House,
"That the said several Lords impeached are already
under Commitment, in His Majesty's Tower of
London."
Then the following Order was made:
To be brought to the Bar.
"Whereas the Commons assembled in Parliament,
having this Day exhibited to this House Articles of
Impeachment of High Treason, against James Earl of
Derwentwater, William Lord Widdrington, William
Earl of Nithisdale, George Earl of Winton, Robert
Earl of Carnwath, William Viscount Kenmure, and
William Lord Nairn:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Earl of
Derwentwater, Lord Widdrington, Earl of Nithisdale,
Earl of Winton, Earl of Carnwath, Viscount Kenmure,
and Lord Nairn, be brought to the Bar of this House
To-morrow, at One a Clock in the Afternoon, to hear
the said Articles read, and to abide such further Order
as this House shall think fit to make concerning
them.
To the Constable of His Majesty's Tower
of London; or, in his Absence, to the
Lieutenant or Deputy Lieutenant of
the same.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum diem instantis Januarii, hora undecima Auroræ,
Dominis sic decernentibus.