DIE Lunæ, 1 Julii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Georgius Princeps Walliæ.
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Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Lich. & Cov.
Epus. Sarum.
Epus. Carliol.
Epus. Bath & Well.
Epus. Landav.
Epus. Hereford.
Epus. Menev.
Epus. Roffen.
Epus. Bristol.
Epus. Cestrien.
Epus. Gloucestr.
Epus. Asaph.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Exon. |
Ds. Cowper, Cancellarius, & Senescallus Mag. Britan. prohac Vice.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Cleveland.
Dux Richmond.
Dux Grafton.
Dux St. Albans.
Dux Bolton.
Dux Shrewsbury.
Dux Devon.
Dux Marlborough.
Dux Bucks & Nor.
Dux Rutland.
Dux Mountagu.
Dux Montrose.
Dux Roxburgh.
Dux Ancaster, Magnus Camerarius.
Dux Portland.
March. Annandale.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Salisbury.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Berkley.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Plimouth.
Comes Scarborough.
Comes Warrington.
Comes Bradford.
Comes Rochford.
Comes Orford.
Comes Greenwich.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Hadintoun.
Comes (fn. *)
Loudoun.
Comes Orkney.
Comes De Loraine.
Comes I'lay.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Comes Uxbridge.
Comes Carnarvon.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Castleton.
Viscount St. John. |
Ds. Bergavenny.
Ds. Whillougby Er.
Ds. Delawar.
Ds. Fitzwalter.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. St. John.
Ds. Compton.
Ds. Teynham.
Ds. Bruce.
Ds. Leigh.
Ds. Byron.
Ds. Colepeper.
Ds. Berkley Str.
Ds. Cornwallis.
Ds. Osborne.
Ds. Lumley.
Ds. Carteret.
Ds. Stawell.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Middleton.
Ds. Trevor.
Ds. Lansdowne.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Harborough.
Ds. Carleton.
Ds. Cobham.
Ds. Parker.
Ds. Coningsby.
Ds. Onslow.
Ds. Torrington.
Ds. Cadogan.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas. |
PRAYERS.
Newman's Bill.
The Earl of Yarmouth reported from the Committee,
to whom the Bill, intituled, "An Act to enable William
Newman Esquire to sell Part of the Estate included
in his Marriage Settlement, for Payment of Debts,
and to settle another Estate in Lieu rhereof," was
committed: "That they had considered the said Bill,
and found the Allegations thereof to be true; and
that the Parties concerned had given their Consents;
and that the Committee had made some Amendments
to the Bill."
Which were read Twice, and agreed to.
Ordered, That the Bill, with the Amendments, be
engrossed.
The Messengers sent to the House of Commons on
Saturday last, with the Two Messages concerning the
Earl of Oxford, acquainted the House, "That, the
Commons being then risen, they had this Morning
delivered their Lordships said Messages to that
House."
Treaties, &c. delivered.
The Earl of Sunderland (by His Majesty's Command)
presented to the House the remaining Treaties and
Papers, pursuant to their Lordships Address to His
Majesty of the 19th of June last; the Titles whereof
follow:
|
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| "Treaty between Great Britain and Holland,
relating to the Succession and Barrier." |
October 29. |
| "Separate Article relating thereunto." |
D°. |
| "2d Separate Article." |
D°. |
| "Treaty of Succession and Barrier, made at 17 12/13
Utrecht." |
January 30/19. |
| "Separate Article concerning the same." |
D°. |
| "Article signed by Count Kinigseg, about
the Duty on coarse Cloths in Flanders." |
1715, July 26. |
| "British and Dutch Ministers Requisition,
for lessening the Duties on British Cloths imported into Flanders." |
Nov'r 6. |
| "The Council of State's Resolution." |
7. |
| "An Order from the Officers of Finances
to the Receivers, about lessening the Duties on coarse Cloths and strong Waters
from Great Britain." |
12. |
| "Extract of the Declaration relating to
Duties laid on English Cloths." |
14. |
| Treaty of Barrier, signed at Antwerp." |
"15." |
| Separate Article of the said Barrier Treaty." |
"D°. |
| Count Volkras' Letter to Lord Townshend,
about Trade in Flanders." |
"1716, August 11/20. |
| Assiento Contract." |
"1713, |
| The 12th Article of the Treaty of Peace
between Great Britain and Spain." |
July. |
| Assiento Treaty." |
"1716, May 26/15. |
Ordered, That the said Treaties and Papers do lie
on the Table.
Cary's Petition to lie on the Table.
A Petition of John Cary Esquire, in Custody of the
Gentleman Usher of the Black Rod, for his Contempt,
in disobeying an Order of this House, for the Payment
of Costs, was presented to the House, and read; setting
forth, "That he hath found Means to raise Money,
and satisfy the Respondents the said Costs; and also
paid his Fees due to the Officers of this House; begging Pardon for his Offence, and praying to be discharged:"
Ordered, That the said Petition do lie on the Table; no Proof being made of the Allegation of the said
Petition, as to the Payment of the Costs.
House called.
This Day being appointed, to proceed further on the
Trial of Robert Earl of Oxford and Earl Mortimer in
Westm'r Hall:
The House (according to Order) was called over by
the Clerk; and the Names of the absent Lords being
set down, pursuant to the same Order, they were again
called over, and excused.
Murray & al. Creditors of the forfeited Estates, petition against the Bill to enable the King to grant Relief to Wives, &c. of forfeited Persons.
A Petition of John Murray, George Dunbar, John
Houstoun, William Drummond, and James Craig, Esquires,
and Andrew Cockburn Hosier, on Behalf of themselves
and others, Creditors upon several Estates in Scotland
forfeited by the late Rebellion, was presented to the
House, and read; praying to be heard, by their Counsel,
against the Bill for enabling His Majesty to grant Relief to the Wives of the forfeiting Persons; and for
Relief of the Creditors on the forfeited Estates; and
for the effectual bringing the Rents and Profits of the
said Forfeitures into the Exchequer.
Ordered, That the said Petition do lie on the Table.
House cleared.
Notice being taken, "That divers Persons were in
the House, who had no Right so to be:"
It is Ordered, That the Gentleman Usher of the
Black Rod do forthwith take into Custody all such
Persons as are now in the House contrary to their Lordships Orders.
Message from H. C. for the Lords to defer going to Westm, Hall.
A Message was brought from the House of Commons, by Mr. Gibbon and others:
To desire their Lordships to defer going down into
Westm'r Hall for some Time.
Answer.
Ordered, That the Commons be called in; and
told, "That the Lords have considered their Message;
and that their Lordships will defer going down into
Westm'r Hall for some Time, as is desired, before
they go down this Day into Westminster Hall."
And the Commons were called in, and acquainted
accordingly.
Message from H. C. for a Conference, concerning the Lords denying the Free Conference on the Method of proceeding against the E. of Oxford.
A Message was brought from the House of Commons, by Mr. Crags and others:
To desire a Conference with this House, upon the
Subject-matter of their Lordships Message, relating to
the Free Conference desired by the Commons.
To which the House agreed.
Answer.
And the Commons were called in; and told, "That
the Lords do agree to a Conference, as desired; and
appoint it presently, in the Painted Chamber:"
Ordered, That the Managers of the last Conference be the Managers of this Conference.
The House being informed, "That the Commons
were ready in the Painted Chamber."
Managers.
The Managers Names were read.
And the House was adjourned during Pleasure, and
the Lords went to the Conference.
Which being ended, the House was resumed.
Conference reported.
And the Lord Privy Seal reported the Effect of
the Conference; which was, "That the Managers for
the Commons had delivered to their Lordships a
Paper, containing as follows:
"The Commons, having taken into Consideration
your Lordships Message; videlicet, "That your Lordships did not think fit to give a Free Conference on
the Subject-matter of the last Conference, as was desired by the Commons;" and they being still desirous,
to the utmost of their Power, to preserve a good Correspondence with your Lordships; have asked this
Conference; and have commanded us to acquaint
your Lordships, that they are very much surprized
to find your Lordships deny a Free Conference, after your Lordships have already agreed to a Conference desired by the Commons on the same Subject-matter, and after your Lordships have on your
Parts also desired a Conference upon the same Subject.
"That Free Conferences are the most ancient and
established Methods for adjusting the Differences
that have at any Time arisen between the Two
Houses; and, as the Commons conceive, is the only
Method to preserve a good Correspondence between
them on such Occasions, which at this Time is of
the highest Importance, because a Misunderstanding on this Account would tend to defeat the Trial
of the Impeachment of the Commons.
"That the Commons conceive clearly, that the
Subject-matter of the last Conference is not a Point
of Judicature, but a Point relating only to the Prosecution of the Commons; it having arisen before any
Matter of Judgement had come before your Lordships upon the Trial.
"For which Reasons, the Commons conceive that
your Lordships ought not to have denied them a
Free Conference upon the Subject-matter of the last
Conference."
Which being read by the Clerk:
Message to H. C. to sit.
A Message was sent to the House of Commons, by
Mr. Orlebar and Mr. Browning:
To desire that they will continue sitting for some
Time.
Then the House proceeded to take into Consideration the Matter delivered by the Commons at the last
Conference.
And it being proposed, "To insist on denying a Free
Conference with the Commons;"
And Debate thereupon:
The Question was put, "Whether to insist on denying a Free Conference, upon the Subjectmatter concerning which a Free Conference
was desired by the Commons?"
It was Resolved in the Affirmative.
Lords insist in denying the Free Conference desired by the Commons:
Ordered, That a present Conference be desired
with the Commons, in the Painted Chamber, on the
Subject-matter of the last Conference; and that the
Commons be there acquainted, "That, the Lords having
taken into Consideration the Subject-matter of the
last Conference, their Lordships do insist on denying a Free Conference upon the Subject-matter concerning which a Free Conference was desired by the
House of Commons."
Message to them, for a Conference about it:
Accordingly, a Message was sent to the House of
Commons, by Mr. Orlebar and Mr. Browning:
To desire a present Conference, in the Painted Chamber, on the Subject-matter of the last Conference.
Answer.
The Messengers returned; and acquainted the House,
That the Commons do agree to a Conference, as desired."
Ordered, That the Managers of the last Conference be the Managers of this Conference.
Then the House being informed, "That the Commons were ready in the Painted Chamber:"
Managers.
The Managers Names were read.
And the House was adjourned during Pleasure, and
the Lords went to the Conference.
Which being ended, the House was resumed:
Conference reported.
And the Lord Privy Seal reported, "That they
had been at the Conference, and acquainted the Commons as above directed."
Message to H. C. to sit.
A Message was sent to the House of Commons, by
the former Messengers:
To desire they will continue sitting for some Time.
Answer.
The Messengers, being returned, acquainted the
House, "That the Commons will continue sitting for
some Time, as desired."
Then it being moved, "That a Message be sent
to the House of Commons, that this House intends
presently to proceed further on the Trial of the Earl
of Oxford in Westm'r Hall:"
And it being also moved, "That the House do now
adjourn during Pleasure:"
The Question was put, "Whether now to adjourn
during Pleasure?"
It was Resolved in the Affirmative.
The House was accordingly adjourned during Pleasure.
The House was resumed.
Message from thence, with a Bill:
A Message from the House of Commons, by Mr.
Farrer and others:
With a Bill, intituled, "An Act for redeeming the
Duties and Revenues which were settled to pay off
Principal and Interest on the Orders made forth on
Four Lottery Acts, passed in the Ninth and Tenth
Years of Her late Majesty's Reign; and for redeeming certain Annuities, payable on Orders out of
the Hereditary Excise, according to a former Act in
that Behalf; and for establishing a general Yearly
Fund, not only for the future Payment of Annuities, at several Rates, to be payable and transferrable
at the Bank of England, and redeemable by Parliament, but also to raise Monies for such Proprietors
of the said Orders as shall chuse to be paid the
Principal and Arrears of Interest in ready Money;
and for making good such other Deficiencies and
Payments as in this Act are mentioned; and for
taking off the Duties on Linseed imported, and British Linen exported;" to which they desire the Concurrence of this House.
Message to H. C. that the Lords will proceed to the E. of Oxford's Trial.
A Message was sent to the House of Commons, by
Mr. Orlebar and Mr. Browning:
To acquaint them, "That this House intends presently
to proceed further on the Trial of Robert Earl of
Oxford and Earl Mortimer in Westminster Hall."
The House was adjourned during Pleasure, to robe.
The House was resumed.
The Court in Westm. Hall to be cleared.
And their Lordships being informed, "That there
was such a Crowd in the Court in Westm'r Hall,
that it would not be possible for the Lords to take
their Places:"
Ordered, That the said Court be immediately cleared
of all Persons.
Proclamation for the Prosecutors to appear, in case the Commons should not be there.
Then it being proposed, provisionally, "To consider
the Form of a Proclamation proper to be made in
Westminster Hall, for the Appearance of the Prosecutors, if they should not be there present, to proceed, in
order to make good their Impeachment against the
said Earl of Oxford and Earl Mortimer:"
And thereupon the Proclamation, made the 17th
of June 1701, at the Trial of the Lord Sommers, being
read:
It was agreed by the House, that when the Lords
are gone down into Westminster Hall, if the Managers
for the Commons shall not be then there, immediately after the House shall be resumed in Westm'r
Hall, and Proclamation for Silence made, and Proclamation for bringing the Prisoner to the Bar, Proclamation be likewise made in these Words; videlicet,
"Whereas Robert Earl of Oxford and Earl Mortimer stands impeached of High Treason, and other
high Crimes and Misdemeanors, by the House of
Commons, in the Name of themselves and of all the
Commons of Great Britain: All Persons concerned
are to take Notice, that he now stands on his Trial;
and they may now come forth, in order to make
good their said Charge."
Then the House was adjourned into Westminster
Hall; whither the Lords and others went in the Manner directed; One of the Heralds calling them in
their due Places by a List.
And the House being there resumed:
Leave was asked, and given, for the Judges to be
covered.
Then Proclamation was made, for keeping Silence;
as also for the Lieutenant of The Tower to bring forth
the Earl of Oxford and Earl Mortimer, his Prisoner, to
the Bar.
Who was brought to the Bar accordingly.
And likewise the Proclamation as above directed
being made:
And the Lords having stayed a considerable Time;
and the Commons not appearing, in order to make good
their Impeachment:
The House was moved, "To adjourn to the Chamber of Parliament."
And, being adjourned accordingly, and returned in
the same Order they went down:
The House was resumed.
Then it was proposed, "That Robert Earl of Oxford and Earl Mortimer be acquitted of the Articles
of Impeachment, exhibited against him by the House
of Commons, for High Treason and other high
Crimes and Misdemeanors, and of all Things therein
contained; and that the said Impeachment be dismissed."
And a Question being stated thereupon:
It was moved. "To leave out these Words; videlicet,
["and other high Crimes and Misdemeanors"]."
And thereupon,
The Question being put, "Whether those Words
shall stand Part of the Question?"
It was Resolved in the Affirmative.
Then the last Question being again stated:
Ordered, That the Question now stated be the
Question to be put in Westminster Hall.
Then the Lord High Steward desiring, "That further
Directions might be given, concerning the further Proceedings in the Trial of the said Earl in Westminster
Hall:"
It was agreed by the House, and Ordered, That, in
Westm'r Hall, the Lord High Steward shall read the
Question as already stated; and then call to the lowest
Baron first, and to every other Lord then present, and
ask him his Opinion, "Whether Content, or Not Content;" and that every Lord shall stand up when called
to, and give his Vote, "Content," or "Not Content;"
and that the Lord High Steward, having taken the
Votes, shall declare the Majority; and if the Majority
answer in the Affirmative, the Lord High Steward is to
declare the same, and particularly to the Earl of Oxford as soon as he shall be brought to the Bar; and
shall immediately pronounce the Judgement of this
House, in the Form following; (videlicet,)
"It is Considered, Ordered, and Adjudged, by the
Lords Spiritual and Temporal in Parliament assembled, That Robert Earl of Oxford and Earl Mortimer
shall be, and is hereby, acquitted of the Articles of
Impeachment, exhibited against him by the House
of Commons, for High Treason, and other high
Crimes and Misdemeanors, and of all Things therein
contained; and that the said Impeachment shall be,
and is hereby, dismissed."
And shall then immediately direct the Lieutenant
of The Tower
(fn. *) then to discharge his Prisoner.
And, after that, to dissolve the Commission.
The House was then again adjourned into Westm'r
Hall.
And being there resumed (the Earl of Oxford
being in the mean Time withdrawn from the Bar);
And Proclamation made for Silence:
E. of Oxford acquitted of the Articles of Impeachment against him, for High Treason, and high Crimes and Misdemeanors.
The Lord High Steward stated the Question before
agreed on; and asked every Lord present, severally,
"Whether Content, or Not Content?"
And they all answering in the Affirmative, as did
the Lord High Steward declare his Opinion also:
The Lord High Steward declared, "That Robert
Earl of Oxford and Earl Mortimer was, by the unanimous Vote of all the Lords present, acquitted of the
Articles of Impeachment, exhibited against him by
the House of Commons, for High Treason, and other
high Crimes and Misdemeanors, and of all Things
therein contained."
Then, Proclamation was made, for bringing the
Earl of Oxford and Earl Mortimer again to the Bar.
Who being there:
The Lord High Steward particularly declared to the
said Earl, "That he was acquitted of the said Articles,
and of all Things therein contained."
And then pronounced the Judgement of this House,
in these Words; (videlicet,)
"It is Considered, Ordered, and Adjudged, by the
Lords Spiritual and Temporal in Parliament assembled, That Robert Earl of Oxford and Earl Mortimer shall be, and is hereby, acquitted of the Articles of Impeachment, exhibited against him by the
House of Commons, for High Treason, and other
high Crimes and Misdemeanors, and of all Things
therein contained; and that the said Impeachment
shall be, and is hereby, dismissed."
Which done, the Lord High Steward said,
"Lieutenant of The Tower, you are now to discharge
your Prisoner."
And then the Lord High Steward stood up, uncovered; and declaring, "There was nothing more to
be done by virtue of the present Commission;"
broke the Staff, and pronounced the Commission of
Lord High Steward dissolved.
The House was adjourned to the Chamber of Parliament.
And being there resumed;
The following Order was made:
Business Tomorrow put off.
"Whereas To-morrow is appointed, for the House
to be put into a Committee of the whole House upon
the Bill for Relief of the Wives, &c. of the late
Earl of Southesk, and other forfeiting Persons; also
on the Bill relating to the Commissioners for the Accompts of the Army; and likewise on the Bill for
paying the Lady Amelia Butler's Portion:"
It is Ordered, That on Wednesday next, this House
shall be put into a Committee of the whole House upon
the said Bills, severally; and that the Lords be summoned to attend, in respect of the Bill for Relief of the
Wives, &c. of the late Earl of Southesk and others.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
tertium diem instantis Julii, hora undecima Auroræ,
Dominis sic decernentibus.