DIE Jovis, 15 Martii.
Domini tam Spirituales quam Temporales præsentes
Georgius Princeps Walliæ.
Epus. Lich. & Cov.
|Ds. Cowper, Cancellarius, & Senescallus Mag. Britann. pro hac Vice.
Comes Sunderland, C.P.S.
Dux Devon, Senescallus.
Dux Bolton, Camerarius.
Dux St. Albans.
Dux Bucks & Nor.
Dux Ancaster, Magnus Camerarius.
Comes De Loraine.
Viscount Say & Seale.
|Ds. Willoughby Er.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. St. John.
Answer from H.C. about General Carpenter:
The Messengers sent Yesterday to the House of Commons return Answer, "That the Commons have given
Leave to General Carpenter, to be examined, as a
Witness, at the Trial of George Earl of Wintoun."
Commission for a Lord High Steward:
Then the Commission appointing a Lord High Steward, for the Trial of George Earl of Wintoun, upon the
Impeachment of High Treason exhibited against him
by the House of Commons, was read (all the Lords
standing up, uncovered) as follows:
"Georgius, Dei Gratia, Mag. Brit. Franc. et
Hib'nia Rex, Fidei Defensor, &c. Prædilecto et Fideli Consiliario Nostro Will'o Domino Cowper, Cancellario Nostro Mag. Britann. Salutem. Cum Georgius Comes de Winton, cum aliis, coram Nobis, in
præsenti Parliamento, per Milites, Cives, & Burgenses, in Parliamento Nostro assemblat. de alta Proditione, per ipsum Georgium Comitem de Winton &
al. commiss. & perpetrat. in Nomine ipsorum
Militum, Civium, & Burgensium, & Nomine omnium
Communium Regni Nostri Magnæ Britanniæ, impetit.
& accusat. existit; Nos, considerantes quod Justitia
est Virtus excellens & Altissimo complacens, volentesque quod prædictus Georgius Comes de Winton de
et pro Proditione, unde ipse ut præsertur impetit. &
accusat. existit, coram Nobis, in præsenti Parliamento
Nostro, secundum Legem & Consuetudinem hujus
Regni Nostri Magnæ Britanniæ, & secundum Consuetudinem Parliamenti, audiatur, sententietur, &
adjudicetur, cæteraque omnia quæ in hac Parte pertinent debito Modo exerceantur & exequantur; ac pro
eo quod Proceres & Magnates in præsenti Parliamento Nostro assemblat. Nobis humillime supplicaverunt ut Senescallum Mag. Britan. pro hac Vice
constituere dignaremur; Nos, de Fidelitate, Prudentia,
provida Circumspectione, & Industria vestris plurimum
confidentes ordinavimus et constituimus vos ex hac
Causa Senescallum Mag. Britan. ad Officium illud,
cum omnibus eidem Officio in hac Parte debit. & pertinen. (hac Vice) gerend. occupand. & exercend.
Et ideo vobis mandamus, quod circa Præmissa diligenter intendatis, & omnia quæ in hac Parte ad Officium Senescalli Mag. Britan. pertinent & requiruntur, hac Vice, faciatis, exerceatis, & exequamini cum
Effectu. In cujus Rei Testimonium, has Literas
Nostras fieri fecimus Patentes.
Teste Meipso, apud Westmonast. Decimo Quinto
Die Martii, Anno Regni Nostri Secundo.
"Per ipsum Regem, propria Manu signat.
House called over:
Then Sir John Vanbrug, One of the Three Kings at
Arms, being permitted to come to the Table; the House
was called over, by the Clerk; the said King at Arms
marking such Lords as were present in a List.
The House understanding that the Members of
the House of Commons were not yet in Westm'r
Message to H.C. that the Lords are ready to go into Westminster Hall:
A Message was sent to the House of Commons, by
Mr. Holford and Mr. Lovibond:
To acquaint them, that the Lords are now ready to
go into Westm'r Hall, to the Trial of the Earl of
The Messengers, being returned, acquainted the House,
That the Commons had stayed till the Places prepared
for their Members in Westm'r Hall were cleared;
and, being informed that the said Places are now clear,
they are preparing to go into Westminster Hall immediately.
House adjourned to Westminster Hall:
The House was then adjourned into Westm'r Hall;
whither the Officers, Attendants, Peers Sons, and
Lords, went in the Order directed; the beforementioned
King at Arms calling them, in their due Places, by his
And the Lords being come thither, and seated;
Proclamation was made for keeping Silence.
Then the Commission for appointing a Lord High
Steward was presented to his Lordship, sitting upon the
Woolsack, by the Clerk of the Crown, in Chancery,
on his Knee; and the same, being delivered to the Clerk,
was read, at the Table; all the Lords standing up, uncovered.
Which being done; and the Lord High Steward having received his Staff in the usual Manner, and seated
himself in a Chair, placed on the Second Step of the
Throne, prepared for that Purpose:
E. of Wintoun at the Bar:
Proclamation was again made, for keeping Silence;
as also Proclamation, requiring the Lieutenant of The
Tower to bring forth his Prisoner to the Bar.
Who was brought to the Bar accordingly; where he
kneeled, until the Lord High Steward directed him to
And Proclamation being again made for keeping Silence;
The Lord High Steward spake to the Prisoner, as
Lord High Steward's Speech to him:
"George Earl of Wintoun; You are brought to the
Bar of this August Judicature, in order to a fair and
impartial Trial, on the Impeachment of High Treason exhibited against you by the Commons of Great
Britain in Parliament assembled; to which you
have answered, and pleaded, " Not guilty." Thereupon the Commons have replied; and undertaken to
prove you guilty of the High Treason whereof you
"Under this heavy Charge (of which your Lordship
has long since had a Copy, and which you will now
hear read again); nothing can be a greater Support
to your Mind (especially if not conscious of Guilt)
than to consider that you are about to be tried by
your Peers; not any select Number of them, but by
their whole Body assembled in Parliament, and indifferently summoned to attend this Trial.
"Hence your Lordship may be assured, that Justice
will be administered to you; attended, not only with
that common Degree of Compassion which Humanity
itself derives to Persons in your Condition; but also
with that extraordinary Concern for you, which naturally flows from a Parity of Circumstances, common to yourself and to them who judge you; those
Bonds, the weighty Accusation laid upon you, with
its Consequences, almost only excepted.
"On the other Hand, you must not hope that, if
you shall be clearly proved guilty, their Lordships,
being under the strongest Obligation to do Right
that can be laid on noble Minds, I mean that of their
Honour, will not break through all the Difficulties
unmerited Pity may put in their Way, to do perfect
Justice upon you, however miserable that must render
"Your Lordship will not be interrupted, while you
are making your Defence in a proper Manner; and
therefore you will also attend with Patience to what
shall be said by the Managers of the House of Commons, or given in Evidence against you.
"When any of the Witnesses produced against you
by the Gentlemen of the House of Commons are
thoroughly examined by them; your Lordship will
have Liberty to cross-examine every Witness, before
another is called.
"But the Counsel assigned you are not to cross-examine any Witnesses, nor to give you any Assistance,
public or private, while Matter of Fact only is in
Question. But, if any Matter of Law arise during
the Course of your Trial, they may speak to it in
your Lordship's Behalf; and, to that End, they are
permitted to be within Hearing, that they may be
the more ready and able to serve your Lordship on
"Your Lordship is the First that, on an Impeachment for High Treason, will have had the Benefit of
a good Law, made in the First Year of the late
Queen (since the Revolution); whereby, in all Trials
for High Treason, as well as other Capital Offences
mentioned in the Act, the Witnesses produced on
the Part of the Prisoner are to be examined on their
Oaths; so that your Witnesses will become entitled, in respect of the Obligation under which they
give their Testimony, to the same Degree of Credit
as the Witnesses produced against you will be.
"I take it for granted that, if your Lordship desires it, you will be allowed the Use of Pen, Ink,
and Paper, to take Notes, in order to your Defence;
and I doubt not but if, during the Trial, you are
observed to omit any just Advantage which the Law
allows you, I shall not only be excused, but approved, if I put you in Mind of it.
"I am also commanded to acquaint your Lordship,
that, when you have Occasion to speak, you are to
address yourself to the Lords in general, and not to
any Lord in particular; as all others, who shall have
Occasion to speak in this Trial, will likewise take
Notice they are to do."
Articles against the Earl read:
The Lord High Steward, having done, commanded
the Articles of Impeachment, and the Earl of Wintoun's
Answer thereunto, as also the Replication of the Commons to the said Answer, to be read.
And the same were read accordingly.
Then the Lord High Steward said,
"Gentlemen of the House of Commons, you will
be pleased now to proceed."
Managers of H.C. heard, and Witnesses against him examined.
And several of the Managers were heard; and divers
Witnesses produced by them were severally sworn, and
examined, in Maintenance of the Charge contained in
And the Lord Forester, a Peer of Great Britain, being
produced as a Witness on the same Account, his Lordship came to the Table, near which was placed a
Chair, pursuant to the Order of this House Yesterday:
And the said Lord, being (according to the said Order)
sworn by the Lord High Steward, was examined there,
in Maintenance of the said Charge.
Then other Witnesses were also produced, and severally sworn and examined.
After which, the Managers for the House of Commons having informed the Court, "That they had no
further Evidence to offer to their Lordships:"
The Lord High Steward told the Earl of Wintoun,
That this was the proper Time to make his Defence,
either by calling of Witnesses, or making Observations
on the Evidence which has been offered, as he shall
E. of Wintoun desires further Time to make his Defence; which is refused:
Whereupon the Earl of Wintoun acquainted the Court,
That his material Witnesses were not yet come up,
but were upon the Road; and therefore desired further Time to make his Defence."
Then one other of the Managers being heard, in
Opposition to the said Earl's Request;
And his Lordship insisting on further Time.
The House adjourned to the House above.
And the Lords and others returned, in the same Order
they went down.
And, the House being resumed; they took this Matter
And, after some Time, agreed to adjourn back into
Westm'r Hall; and that the Lord High Steward should
acquaint the Earl of Wintoun as follows:
"That the Lords have considered of his Request;
and are of Opinion, it is not consistent with the Rules
of Justice, to give him any further Time for bringing
up his Witnesses; and that he therefore proceed now
in his Defence; and that, in respect of the Lowness
of his Voice, a fit Person be appointed to stand near
him, at the Bar (such Person being first sworn), to
report to the House what his Lordship shall say in his
Defence, or otherwise, during his Trial."
Then the House was adjourned into Westm'r Hall.
And the Lords being sat, and Proclamation made for
The Lord High Steward acquainted the Earl of Wintoun with what the House had agreed to, as above;
and further told the said Earl, "He should not make Use
of that Indulgence, to speak so low as that the Managers could not hear him."
And a Person being appointed, and sworn accordingly;
he went down to the Bar.
And the Lord High Steward directed the said Earl
to proceed in his Defence.
Who saying nothing material therein;
The House was adjourned to the House above.
And being there resumed;
Lords will proceed in the Trial:
Ordered, That this House will proceed further
in the Trial of the said Earl of Wintoun To-morrow, at
Eleven a Clock in the Forenoon.
E. of Wintoun to be brought to the Bar again:
Ordered, That the Lieutenant of The Tower of
London do take back the said Earl of Wintoun, and
bring him again to the Bar of this House, in Westm'r
Hall, To-morrow, at Eleven a Clock in the Forenoon; at which Time their Lordships intend to proceed
further in the Trial of the said Earl.
Message to H.C. to acquaint them with it.
And a Message was sent to the House of Commons,
by Mr. Holford and Mr. Lovibond, to acquaint them
Dominus Senescallus Mag. Britanniæ pro hac Vice
declaravit præsens Parliamentum continuandum esse
usque ad et in diem Veneris, decimum sextum diem
instantis Martii, hora decima Auroræ, Dominis sic decernentibus.
Die Mercurii, 16 Maii, 1716,
hitherto examined by us,