House of Lords Journal Volume 20: 12 July 1715

DIE Martis, 12 Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Standing Orders, new Roll of, delivered in.

The Earl of Clarendon reported from the Committee, to whom the Roll of Standing Orders of this House was referred, "That they had (according to Order) met, and placed the said Orders in such a Method, as might render them more useful, and easy to be found; and that a new Roll of the said Orders, with the Amendments and Additions, being engrossed by the Clerk, pursuant to the Direction of the House, the Committee had examined the said Engrossment, and corrected the same, and approved thereof."

And his Lordship delivered the said new Roll in at the Table.

Ordered, That the several Orders contained in the said Roll be, and are hereby, declared to be the Standing Orders of this House.

E. of Clanriccard versus Stewart & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Earl of Clanricarde is Appellant, and the Honourable William Stewart Esquire and his Lady and Colonel Thomas Bourke are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Nineteenth Day of this Instant July, at Eleven a Clock.

E. of Oxford attends:

The Gentleman Usher of the Black Rod acquainted the House, "That, pursuant to their Lordships Order Yesterday, he had brought Robert Earl of Oxford and Earl Mortimer to the House; and that his Lordship was now in the said Usher's Room."

The Pouse cleared:

Notice being taken, "That there were several Persons in the House who ought not to be there:"

They were therefore directed immediately to withdraw.

Peers Sons, Members of H. C. whether they may be in this House when sitting.

And Observation being made, "That some of the Peers Sons standing by the Throne were Members of the House of Commons:"

It was proposed, "That all such as were Members of that House should also be required to withdraw."

And thereupon the Standing Order of this House, of the Fifth of April 1707, directing who shall have Liberty to be in the House when sitting, was read.

And the House being moved, "That the said Standing Order be explained, so as to exclude Peers Eldest Sons, who are Members of the House of Commons, from being present in this House when sitting:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will on Friday next take the said Motion into Consideration.

E. of Oxford to be committed to The Tower:

Then a Motion being made, and the Question being put, "That Robert Earl of Oxford and Earl Mortimer, being impeached by the Commons of Great Britain of High Treason, and other high Crimes and Misdemeanors; and certain Articles being exhibited by the Commons against him, specifying the Treason whereof he stands impeached; and the said Earl being now in Custody of the Black Rod; be committed to The Tower of London, there to remain in safe Custody, until he shall be thence discharged by due Course of Law?"

It was Resolved in the Affirmative.

Protest against it:

"Dissentient.

"Stawell."

E. of Oxford brought to the Bar:

The Earl of Oxford and Earl Mortimer was (according to Order) brought to the Bar, by the Gentleman Usher of the Black Rod:

Where he kneeled, till the Lord Chancellor directed him to stand up; and acquainted him with the abovementioned Resolution; and also remined him, "That this was a proper Occasion, if he had any Thing to say to the House."

Upon which the said Earl requested, "He might have a Copy of the Articles of Impeachment exhibited against him; and such convenient Time as the House shall think fit, to answer thereunto: That he may have a Solicitor and Counsel to assist him in his Defence." And observing, "That the Commons had reserved a Power to exhibit further Articles;" he said, "He doubted not, if they did, but their Lordships would allow him likewise a Copy of such Articles, and also Time to answer." And thanking the House for the Humanity they had shewn on Saturday last, in committing him to the Custody of the Black Rod; his Lordship further desired, "In Consideration of his Weakness, and the excessive Pain he was in (of which his Physician, who attended, could give the best Account), That he might be allowed to remain in the same Custody for a few Days."

And then he was directed to withdraw.

And being withdrawn accordingly;

The House, taking the said Requests into Consideration, made the Orders following:

To have Counsel, &c. and a Copy of the Articles:

"That the said Earl have Liberty to take a Copy of the said Articles of Impeachment, in order to his Defence.

"That he have Four Weeks Time allowed him, to put in his Answer to the said Articles.

"That he be allowed a Solicitor and Counsel to advise with and assist him in preparing his Answer, and to assist him in his Defence; and that he name such Persons for that Purpose as he shall think fit, in order for the Approbation of the House.

And as to his last Request, Doctor Mead, his Lordship's Physician, was called; and examined, upon Oath, touching the Illness of the said Earl; and withdrew.

And the following Order was made:

To be carried to The Tower on Saturday.

"Ordered, That the said Earl of Oxford and Earl Mortimer be committed to The Tower of London, there to remain in safe Custody, until he shall be thence discharged by due Course of Law; and that the Gentleman Usher of the Black Rod do take Care to convey and deliver the said Earl into the said Tower on Saturday next: And for so doing, this shall be a sufficient Warrant.

"To Sir William Oldes, Gentleman Usher of the Black Rod attending this House; and to the Constable of The Tower of London, and, 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 Mercurii, decimum tertium diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.