House of Lords Journal Volume 20: 2 August 1715

DIE Martis, 2 Augusti.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Vise. Lonsdale takes his Seat.

This Day Henry Lord Viscount Lonsdale sat first in Parliament, after the Death of his Brother late Lord Viscount Lonsdale; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Thanks to the Bp. of Oxon for his Sermon.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Oxford, for his excellent Sermon preached before this House Yesterday, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed.

Newburgh et al. Causes put off.

Ordered, That the Cause wherein Henry Newburgh Gentleman is Appellant, and Brockhill Newburgh Esquire Respondent, which was appointed to be heard this Day, be heard on Thursday next; and the other Causes removed in Course.

St. Albans, &c. Highways, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Highways through the several Parishes of St. Michael, St. Albans, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Browning:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

L. Vise. Rosse's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Richard Lord Viscount Rosse, of the Kingdom of Ireland, notwithstanding his Nonage, to make a Jointure on Mary Viscountess Rosse his Wife, and a Settlement on his Issue Male, with Provision for Younger Children; and for other Purposes therein mentioned."

Further Articles of Impeachment against E. Oxford brought from H.C.

A Message was brought from the House of Commons, by the Lord Coningsby and others, as follows; (videlicet,)

"My Lords,

"The Commons assembled in Parliament, having received further Information of divers other high Crimes and Misdemeanors committed by Robert Earl of Oxford and Earl Mortimer, have commanded me to exhibit further Articles of Impeachment of high Crimes and Misdemeanors against the said Earl."

Then the said further Articles were read, as follow:

"Further Articles of Impeachment of high Crimes and Misdemeanors against Robert Earl of Oxford and Earl Mortimer.

"ARTICLE I.

"That whereas, in or about the Month of January in the Year One Thousand Seven Hundred and TenEleven, a dangerous and destructive Expedition had been projected and set on Foot, under Pretence of making a Conquest on the Possessions of the French King in North America; but with a real Design to promote His Interests, by weakening the Consederate Army in Flanders, and dissipating the Naval Force of this Kingdom; as well as for the Sake of the private Interests and corrupt Gain of the Promoters of the said Expedition; he the said Robert Earl of Oxford and Earl Mortimer, being then One of Her late Majesty's Privy Council and One of the Commissioners of Her Majesty's Treasury, was not only wanting in His Duty to Her late Majesty, by wilfully and industriously absenting from the Meetings of other Persons then in high Trust under Her Majesty, wherein the said Expedition was concerted; and, by not advising Her Majesty against, and doing what in him lay to have prevented, the putting the same in Execution; but did, contrary to his Oath and the high Trust then reposed in him, advise Her Majesty to consent to the making an Expedition for the conquering Canada, and the City of Quebeck, on the River of Saint Laurence, in North America: And, in Execution of his said evil Counsels, he did further advise Her Majesty to give Orders for detaching several Battalions of the Forces then in the Service of Her Majesty in Conjunction with Her Allies in Flanders, and to send the same, with a large Squadron of Men of War, on the said Enterprize; although the said Robert Earl of Oxford and Earl Mortimer well knew, that the said Project or Expedition, having been frequently deliberated on, and maturely considered a short Time before in a Committee of Council, was then laid aside as dangerous and impracticable: And a Demand being made, at the Treasury, on or about the Months of May and June One Thousand Seven Hundred and Eleven, for the Sum of Twenty-eight Thousand Pounds, or thereabouts, on Pretence of Arms and Merchandises said to be sent on the said Expedition to Canada; he the said Robert Earl of Oxford and Earl Mortimer, being then Lord High Treasurer of Great Britain and One of Her Majesty's Privy Council, though he well knew, or had Reason to suspect, that the same was an unjust and exorbitant Demand, and a great Abuse on Her Majesty and the Public, and such as ought not to have been complied with, was not only wanting in his Duty to Her Majesty, in not giving his humble Advice against the said Demand, or at least in not representing to Her the Grounds of such his Suspicion; but did, contrary to his Oath and his Duty, advise Her Majesty, that the said Sum should be issued and paid; and did accordingly countersign a Warrant to the Pay-master of Her Majesty's Forces for the Payment of the same; pursuant to which, the same was issued and received: And, in further Violation of his Oath, his Duty, and Trust, and with the most corrupt Design to prevent the Justice due to Her Majesty and the Nation, he the said Robert Earl of Oxford and Earl Mortimer, being then Lord High Treasurer of Great Britain, and exercising a most unexampled arbitrary Power, not only in Her Majesty's private Councils, but extending his evil Influences to the Great Council of the Nation, after the said Expedition had proved unsuccessful, and it had been discovered to him the said Robert Earl of Oxford and Earl Mortimer that the Nation had been cheated of above Twenty Thousand Pounds on that Account, did most ungratefully and corruptly employ his wicked Arts, and the Credit which he had gained by his many false and crafty Insinuations and Practices, to keep the House of Commons from examining that Affair; and, in or about the Month of August One Thousand Seven Hundred and Fourteen, in a Letter, or Memorial, under his own Hand, to Her late Majesty, he did presume, not only to insinuate the ill Opinion he therein pretended always to have had of the said Expedition, but did declare the Suspicions he had of the great Injury and Abuse done to Her Majesty and the Public, in the Demand of the said Twenty-eight Thousand Pounds, even at the Time when the same was made, and that the Public had been cheated of above Twenty Thousand Pounds on that Account; and, in the said Memorial, did presume further to declare to Her Majesty, "That he was forced to use all his Skill and Credit, to keep the House of Commons from examining that Affair the last Parliament;" thereby vainly, but most wickedly, recommending himself to the Continuance of Her Majesty's Favour, by the Success of his most prosligate Measures. By all which unparalleled Corruptions and most dangerous Counsels and Practices of him the said Robert Earl of Oxford and Earl Mortimer, the good and faithful Allies of Her Majesty were deprived of the Aid of Her Majesty's Troops; to which they were entitled by their Conventions; and the Confederate Army in Flanders was greatly diminished, to the apparent Advantage of the common Enemy; the Public Money granted by Parliament for reducing the Power of France, and which was expressly appropriated for other special Services, was arbitrarily and illegally misapplied and embezzled, and an heavy Debt incurred on the Nation; not only sitting the Parliament, but even in Contempt and Defiance of a Representation made by the House of Commons to the Throne, even whilst the said Expedition was concerting; and whereby the highest Injustice was done, in suppressing an Inquiry so just to Her Majesty and Her People, and a lasting Reproach and Scandal brought on that House of Commons; of which he boasts, as having been wrought on, by his corrupt Influence, not to examine into so high and so scandalous an Abuse.

ARTICLE II

"That the said Robert Earl of Oxford and Earl Mortimer, not contented with the high Employments and Places of Honour and Profit bestowed on him by Her late Majesty, nor with the large and excessive Gains by him made by the Incomes and Profits of the said Employments, on or about the Month of October One Thousand Seven Hundred and Eleven, whilst the Nation was engaged in a most expensive War against France and Spain for preserving the Liberties of Europe, and greatly exhausted with the Supplies and Taxes for carrying on the same, and was under such heavy Debts as were impossible to be satisfied without the utmost Frugality, or laying grievous Taxes on the Commons of Great Britain, contrary to his Oath and his high Trust, and making a most dishonourable and ungrateful Use of the ready Access he had to Her late Majesty, did prevail on and advise Her Majesty to sign a Warrant to himself, being then Lord High Treasurer of Great Britain, for the Issuing and Payment of the Sum of Thirteen Thousand Pounds to John Drummond Esquire or his Assigns, for such special Services, relating to the War, as Her Majesty had directed; and the said Robert Earl of Oxford and Earl Mortimer, on or about the Twenty-fourth Day of November following, in Pursuance of the said Warrant under Her Majesty's Sign Manual, did sign a Warrant for the Payment of the said Thirteen Thousand Pounds, for such special Services of the War as Her Majesty had directed, although no special Services had been, or were at any Time afterwards, directed by Her Majesty, to which the said Monies were to be applied: And the said Robert Earl of Oxford and Earl Mortimer having privately desired Leave of the said Drummond to strike some Tin Tallies in his the said Drummond's Name, he did, pursuant thereto, direct that Orders, amounting to the Sum of Thirteen Thousand Pounds, should be charged in the Register of the Exchequer, on the Monies arising by Sale of Tin, in the Name of the said John Drummond; and though the same were accordingly struck, in the Name of the said Drummond, in or about the Month of November One Thousand Seven Hundred and Eleven, they were not delivered out to the said Drummond, but were kept in the Treasury Chamber, or elsewhere in the Power or Custody of the said Earl, till about the End of January following; when the said Drummond having Occasion, as the said Robert Earl of Oxford and Earl Mortimer well knew, to go into Holland, at the Desire and Request of the said Earl, he endorsed his Name on the said Orders; and the same were left, by his Privity, Direction, or Consent, in the Hands of Master John Taylor a Clerk of the Treasury; and the said Robert Earl of Oxford and Earl Mortimer, having afterwards got Possession of the said Orders, did, in or about the Month of June One Thousand Seven Hundred and Twelve, send an Order, in Writing, to the said Master Taylor, to deliver the said Tallies to a Servant of the said Earl, which was done accordingly, the said Endorsements not being at that Time filled up; and the said Robert Earl of Oxford and Earl Mortimer, having by these corrupt and scandalous Methods got the said Tallies and Orders into his own Hands, did afterwards fill up Assignments of the said Orders for Twelve Thousand Pounds, Part of the said Thirteen Thousand Pounds, to himself, and the remaining Part to such other Persons as he thought fit; and did afterwards, in or about the Months of August, October, and November, One Thousand Seven Hundred and Thirteen, at several Times, dispose of the said Orders and Tallies to his own private Use and Advantage; and, to cover the said scandalous Embezzlements, he the said Robert Earl of Oxford and Earl Mortimer did afterwards, as he pretends, advise and prevail on Her Majesty, on or about the Fourteenth of December One Thousand Seven Hundred and Thirteen, to sign a Warrant, prepared by himself, wherein, after the Recitals of his own good, faithful, and acceptable Services, which had tended to the Quiet, Safety, and Prosperity of Her Majesty and Her Realms, though accompanied with great Difficulties on himself, and Hazards to him and his Family; and that Her Majesty was resolved to bestow upon him a Sum of ready Money; but the said Earl representing to Her Majesty, that the Arrears then due to Her Servants and Tradesmen were very great and pressing, Her Majesty did therefore agree and determine, that he should have to his own Use the said several Sums, amounting to Thirteen Thousand Pounds, comprized in the Orders aforesaid; it was directed, that the said John Drummond should assign the said Orders, and the whole Right and Benefit thereof, to the said Earl and his Assigns; although the said Earl had privately and clandestinely procured from the said Drummond an Assignment of the said Orders near Two Years before the said Warrant, and had fraudulently and corruptly disposed and converted them to his own Use, without Her Majesty's Privity or Consent, some Time before Her Majesty was prevailed on to sign the said Warrant: And though the last mentioned Warrant, if any such there be, was not communicated to the said Drummond by the said Earl during Her Majesty's Life; nor was the same countersigned, nor entered in the Treasury; yet he the said Robert Earl of Oxford and Earl Mortimer, even after his said Corruption had been discovered in Parliament, did presume, without the Privity of the said Drummond, to send the said Warrant to the Commissioners of His Majesty's Treasury, desiring that the same might then have been entered in the Treasury; but the same was, with great Honour and Justice, refused to be so entered: By which most vile and scandalous Corruption, he the said Robert Earl of Oxford and Earl Mortimer was guilty of the most notorious Breach of his Oath and Trust as Lord High Treasurer of Great Britain, of the highest Abuse of Her Majesty's Goodness, and Embezzlement of Her Treasure, and of the greatest Injustice and Oppression of other Her Majesty's Subjects.

"ARTICLE III.

"That whereas, by the established and known Laws of this Kingdom, the Allowances or Appointments for the Maintenance and Support of Ambassadors, Envoys, Plenipotentiaries, and other public Ministers of the Crown in Foreign Courts, ought to be ascertained in due Form of Law, as well in Honour, as in Justice to the Imperial Crown of these Realms; and whereas the said Robert Earl of Oxford and Earl Mortimer, in or about the Month of July or August One Thousand Seven Hundred and Twelve, sent Mathew Prior Esquire, an Instrument and Creature of his own, into France, for the carrying on his separate and dangerous Negotiations; and did afterwards, in the Month of November One Thousand Seven Hundred and Twelve, by his evil Counsels, prevail on Her late Majesty, without the Privity of, or any Communication with, Her Allies, to send the said Mathew Prior as Her Majesty's Plenipotentiary to the French King, with Instructions to treat and conclude Matters of the highest Importance relating to the general Negotiations of Peace; but the same was a treacherous and wicked Contrivance of him the said Robert Earl of Oxford and Earl Mortimer, for the more effectual carrying on and promoting his private, separate, and dangerous Practices, with the Ministers of France, and the Enemies of Her Majesty and Her Kingdoms; he the said Robert Earl of Oxford and Earl Mortimer, not regarding his Oath or his high Trust, or the Laws of the Kingdom, did most corruptly and scandalously combine with the said Mathew Prior, for the defrauding Her Majesty of very great Sums, under the Colour of his said Employments in France; and, to that End, the said Earl did contrive that the said Prior should be sent into France with the Character aforesaid, but without any settled Appointments or Allowances; but, in the Stead and Lieu thereof, he the said Robert Earl of Oxford and Earl Mortimer did give the said Mathew Prior an unlimited Credit, and did promise to answer and pay such Bills as the said Prior should draw on him during his Residence in France; pursuant to which Contrivance and corrupt Agreement, he the said Mathew Prior did, between the Twenty-seventh of August in the Year One Thousand Seven Hundred and Twelve (N. S.) and the Tenth of July One Thousand Seven Hundred and Fourteen, or thereabouts, at several Times, draw Bills of Exchange, to the Amount of Twelve Thousand Three Hundred and Sixty Pounds, or thereabouts, on him the said Robert Earl of Oxford and Earl Mortimer, which he, being then Lord High Treasurer of Great Britain, did advise and prevail upon Her Majesty to sign Warrants for the Payment of, and did countersign the same, although the said Prior was no way entitled to any such Allowances by Reason of his said Employment, and the same greatly exceeded the Allowance even of an Ambassador of the Crown of Great Britain. And the said Robert Earl of Oxford and Earl Mortimer did, in the Years One Thousand Seven Hundred and Twelve, One Thousand Seven Hundred and Thirteen, and One Thousand Seven Hundred and Fourteen, without any Colour of Authority, but for the further promoting his corrupt and wicked Purposes, prevail on and advise Her Majesty to sign Warrants, which were countersigned by himself, for the Payment of the Sum of Five Thousand Five Hundred and Sixty Pounds, or thereabouts, to the Use of Thomas Harley Esquire, a near Relation and Emissary of him the said Robert Earl of Oxford and Earl Mortimer, out of the Monies appropriated to the Use of Her Majesty's Civil List; and did, in like Manner, at several Times, in the Years aforesaid, most illegally, fraudulently, and corruptly, issue or direct, or advise the Direction and Payment, of several other large Sums of Money, to other Persons, out of Her Majesty's Treasury: By which most illegal and scandalous Management, he the said Robert Earl of Oxford and Earl Mortimer has introduced a Practice highly prejudicial to, and utterly inconsistent with, the Constitution of this Kingdom, and of the most pernicious Consequence, by opening a Way for the most dangerous Corruptions; and was not only guilty of a notorious Breach of his Oath, but entered into the most base and seandalous Combination with the Persons abovementioned, and others, under Pretence and Colour of promoting Her Majesty's Service, to defraud Her Majesty of the Public Money, which he was entrusted with the Management of for the Support of the Honour and Dignity of the Crown.

"ARTICLE IV.

"That whereas the Revenues arising to the Crown from the Hereditary Excise, and Post Office, or some Parts thereof, were, by virtue of Letters Patents of the late King James the Second, charged with, and made liable to, certain Annuities, or Yearly Sums, in Trust for, or to the Use of, Mary the Consort of the said King James the Second; but the said Revenues were afterwards, by several Acts of Parliament, granted and settled for the Support of the Royal Household, and of the Honour and Dignity of the Crown, or for other public Uses, without any Saving or Exception of the said Letters Patents; and whereas, by an Act made in the Twelfth Year of Her late Majesty's Reign, the Sum of Five Hundred Thousand Pounds was granted to Her late Majesty, for the Discharge of divers Arrears of Salaries, Dietmonies, and other Allowances, and sundry Debts for Pre-emptions, Provisions, and other Causes, which had been then incurred and grown due to Her late Majesty's Servants, Tradesmen, and others, and were occasioned by several extraordinary Expences, since the Act for the better Support of Her Majesty's Household, and of the Honour and Dignity of the Crown; and the said Sum of Five Hundred Thousand Pounds was expressly appropriated to the Uses aforementioned, in Aid of the said Revenues or Branches which were appointed for the Support of Her Majesty's Household, and of the Honour and Dignity of the Crown: And whereas, by an Act made in the Thirteenth and Forteenth Years of His late Majesty King William the Third, it was enacted, "That for preventing traiterous Correspondence between His Majesty's Subjects and the pretended Prince of Wales or his Adherents, that if any of the Subjects of the Crown of England, from and after the First Day of March One Thousand Seven Hundred and One, should, within this Realm or without, hold, entertain, or keep, any Intelligence or Correspondence, in Person, or by Letters, Messages, or otherwise, with the said pretended Prince of Wales, or with any Person or Persons employed by him, knowing such Person to be so employed, or should, by Bill of Exchange or otherwise, remit or pay any Sum or Sums of Money for the Use or Service of the said pretended Prince of Wales, knowing such Money to be for such Use or Service; such Person so offending, being lawfully convicted, should be taken; deemed, and adjudged, to be guilty of High Treason, and shall suffer and forfeit as in Cases of High Treason;" he the said Robert Earl of Oxford and Earl Mortimer having, by the Means of the said Mathew Prior, held a private and unlawful Correspondence with the said Confort of the late King James the Second, then residing in France, and being de ermined secretly to promote as far as in him lay the Interest of the Pretender, but yet contriying to avoid the said Penalty of High Treason; and the said Confort of His late Majesty King James the Second having empowered Abbot Gaultier, a Popish Priest, and busy Emissary between Great Britain and France during the said private and separate Negotiations of Peace, and who was particularly entrusted, as the common Agent between the Ministers of Great Britain and France, in transacting the most secret Affairs relating to the Pretender, to concert with the said Robert Earl of Oxford and Earl Mortimer the settling the Payment and Remittance of a very great Yearly Sum out of Her Majesty's Treasure into France, under Colour and Pretence of the said Letters Patents; and the said Robert Earl of Oxford and Earl Mortimer having held frequent clandeltine Conferences with the said Abbot Gaultier, on the Subject aforesaid; and having, by his evil Counsels, sacrificed to France the common Interests of Europe; and being resolved, that the First Fruits of the Peace with France should be an Offering, made by his immediate Procurement, to the nearest and most avowed Adherent of the Pretender, though at the great Expence of the Honour and Safety of Her Majesty and Her People; did, soon after the Conclusion of the Peace with France, agree and undertake to procure the Payment of the Yearly Sum of Forty-seven Thousand Pounds, and upwards, to, or to the Use of, the said Confort, during Her Life; and, in Execution of his said Purpose, did afterwards, on or about the Twenty-third of December One Thousand Seven Hundred and Thirteen, being then Lord High Treasurer of Great Britain and of Her Majesty's Privy Council, advise Her late Majesty to sign a Warrant to himself, in the Words or to the Effect following; videlicet, "Ann R. Whereas Our late Royal Father King James the Second, by Letters Patents under His Great Seal, bearing Date on or about the Twenty-eighth Day of August One Thousand Six Hundred Eighty-five, did grant unto Lawrence Earl of Rochester, Henry Earl of Peterborow, Sidney Lord Godolphin, Robert Worden Esquire, and Sir Edward Herbert Knight (who are all since deceased), divers Annuities, or Yearly Sums, amounting to Thirty-seven Thousand Three Hundred Twenty-eight Pounds, Thirteen Shillings, and Seven Pence, to hold to them and their Heirs, during the Life of His then Royal Consort Mary now Queen Dowager, in Trust for Her; and, by other Letters Patents, bearing Date on or about the Third Day of December One Thousand Six Hundred Eighty-six, did also grant unto the said Queen a further Pension or Yearly Sum of Ten Thousand Pounds, to hold during Her natural Life; all which were made payable in such Manner as in the said several Letters Patents is more fully expressed: Our Will and Pleasure now is, and we do hereby direct, authorize, and command, that you cause Payment to be made, to the Heirs of such of the said Trustees as was the longest Liver of them, of so much as, since the Twenty-fifth Day of March last, One Thousand Seven Hundred and Thirteen, is incurred or grown due on the said Annuities or Yearly Sums, amounting to Thirty-seven Thousand Three Hundred Twenty-eight Pounds, Thirteen Shillings, and Seven Pence; and to the said Queen Dowager, or Her Assigns, of so much as, since the said Twenty-fifth Day of March last, is incurred or grown due on the said Annuity of Ten Thousand Pounds, according to the Purport of the several Grants or Letters Patents above recited; as also of what shall hereafter become due and payable upon the said several Annuities, Quarterly, during the Life of the said Queen Dowager; and for so doing, this shall be your Warrant. Given at Our Court at Windsor Castle, the Twenty-third Day of December One Thousand Seven Hundred and Thirteen, in the Twelfth Year of Our Reign." And did afterwards, on or about the Twenty-fourth of December following, sign a Warrant to the Auditor of the Receipt of Her Majesty's Exchequer, requiring him to make and pass Debentures, for paying to such Person or Persons as is, are, or shall be, authorized to receive the same, the Sum of Nine Thousand Three Hundred and Thirty-two Pounds, Three Shillings, and Four-pence Three Farthings, for One Quarter, incurred upon the said several Yearly Sums therein mentioned, from Lady-day One Thousand Seven Hundred and Thirteen to Midsummer following; and appointed the same to be satisfied out of the Sum of Five Hundred Thousand Pounds, appropriated by an Act passed the then last Session of Parliament, for or towards Payment of such Debts and Arrears as were therein mentioned; and another Warrant to the said Auditor, to make and pass Debentures for paying to the said Queen, or to Her Treasurer or Receiver, the Sum of Two Thousand Five Hundred Pounds, for One Quarter, incurred on the said Pension of Ten Thousand Pounds per Annum, from Ladyday One Thousand Seven Hundred and Thirteen to Midsummer then last past; and appointed the same to be satisfied out of the Sum of Five Hundred Thousand Pounds, appropriated by an Act passed the then last Session of Parliament, for or towards Payment of such Debts and Arrears as were therein mentioned: And the said Rob't Earl of Oxford and Earl Mortimer, on or about the Twentieth of July One Thousand Seven Hundred and Fourteen, being then Lord High Treasurer of Great Britain and of Her Majesty's Privy Council, having corruptly and deceitfully, in further Violation of his Oath and his high Trust, advised Her late Majesty to sign a Warrant, directing the Payment of One Thousand Pounds Sterling to Daniel Arthur Esquire, for Monies expended by him for Her Majesty's Special Service; and the same being accordingly issued, and received by him the said Arthur out of Her Majesty's Treasure; he the said Robert Earl of Oxford and Earl Mortimer, being then also Lord High Treasurer of Great Britain, did give private Direction to the said Arthur, to pay the said Sum of One Thousand Pounds to the said Abbot Gaultier, or to his Use; pursuant to which Direction, the said Arthur did pay, or cause to be paid, the said Sum of One Thousand Pounds to the said Abbot Gaultier, or to his Use; whereby the said Robert Earl of Oxford and Earl Mortimer did most wickedly betray the Honour of Her late Majesty and the Imperial Crown of these Realms, in advising Her, under Colour of the said Letters Patents, and without the Advice of Her Council or Her Parliament, to direct the issuing of the Revenue provided by Parliament for the Support of the Honour and Dignity of the Crown, to the Use and Benefit of the open and avowed Adherent of the Pretender; and did not only defraud Her Majesty of the said Sum of One Thousand Pounds; but did most arbitrarily, illegally, and corruptly, advise the Embezzlement and Misapplication of so much of the said Sum of Five Hundred Thousand Pounds, in Contempt and Defiance of the express Appropriation of an Act of Parliament.

ARTICLE V.

"That whereas, by the ancient and undoubted Laws of this Kingdom, no Person, being a natural-born Subject of this Realm, or within any of the Dominions thereunto belonging, and having committed and being under the Guilt of High Treason, ought to be received within this Kingdom as a Public Minister, or with any Character, from any Foreign Prince, State, or Potentate; and whereas, some Time in the Year One Thousand Seven Hundred and Thirteen, one Patrick Lilesh, stiling himself as commonly known by the Name of Sir Patrick Lawless, an Irish Papist (who had served with the late King James the Second in the War in Ireland, against His late Majesty King William the Third of Ever-glorious Memory, had followed the said King James into France, and continued in the most open and avowed Manner in His Interest and Service, and in Rebellion against His said Majesty King William, and had bore high Commissions, and had been in open Arms, against her late Majesty Queen Anne, in the late War in Spain) did come into this Kingdom, and pretended to have, and did take on himself, the Character of a Minister sent from Philip King of Spain to Her late Majesty, to treat of Matters of the greatest Importance to the Honour and Safety of Her Majesty and Her Kingdoms; and having given Notice of the same to Robert Earl of Oxford and Earl Mortimer, then Lord High Treasurer of Great Britain and of Her Majesty's Privy Council, and who then assumed to himself the supreme Direction in Her Majesty's Councils; he the said Robert Earl of Oxford and Earl Mortimer was not only wanting in his Duty to Her Majesty, in not advising Her Majesty against receiving and admitting the said Lilesh, alias Lawiess, in the Quality aforesaid; but did, together with other false and evil Councellors, advise Her Majesty to receive and admit him as a Minister from his said Catholic Majesty; and the said Earl did presume frequently to meet, confer, and negotiate, the most important Affairs of the Nation, with the said Lilesh, alias Lawless, in the Quality aforesaid; and, the better to conceal his said illegal and dangerous Measures from Her said Majesty, he the said Robert Earl of Oxford and Earl Mortimer was privy to, consenting, and advising, that the said Lilesh, alias Lawless, should be introduced to Her said Majesty, and should be received and treated by Her Ministers, under the false and disguised Name of Don Carlo Moro; and the House of Lords, some Time in the Month of April One Thousand Seven Hundred and Fourteen, having Notice of the said dangerous Attempt of the said Lilesh, alias Lawless, on or about the Ninth of the said Month, made an humble Address to Her Majesty, "That she would be graciously pleased to issue Her Royal Proclamation, commanding all proper Officers and Magistrates to make diligent Search for, and to apprehend, all Popish Priests, and to put the Laws in Execution against them; and likewise to inquire after and apprehend all such Persons as have served in Arms against Her Majesty, or Their late Majesties King William and Queen Mary, and who were then within this Kingdom, contrary to Law, to the End that they might be brought to Justice;" which Her Majesty was graciously pleased to return an Answer to the Effect following; videlicet, "That she would give Orders pursuant thereto;" and a Proclamation did accordingly issue; and on the said Ninth Day of April, the House of Lords, having under their Consideration what further Security could be provided for strengthening the Protestant Succession in the House of Hanover, came to the following Resolution; videlicet, "That no Person, being a natural born Subject of Great Britain, or within any of the Dominions thereunto belonging, and who having traiterously served against Her Majesty, ought to be received as a Public Minister, or with any Character, within this Kingdom;" notwithstanding which, he the said Robert Earl of Oxford and Earl Mortimer, having no Regard to the Safety of Her Majesty's Person, or to the Security of the Protestant Succession, and setting himself in utter Defiance, not only of the said Advice and Resolution of the House of Lords, but of Her Majesty's Assurances to that House of Parliament, and of Her Royal Authority and Command by Her Proclamation under the Great Seal, instead of doing what in him lay to have apprehended and brought, or causing the said Lilesh, alias Lawless, to be brought to Justice, did afterwards, on or about the Fifteenth Day of March One Thousand Seven Hundred and Fourteen, most wickedly and treacherously advise Her Majesty to sign a Warrant, directing the Payment of One Thousand Pounds Sterling to Daniel Arthur Esquire, for special Services; which being accordingly issued, and received by the said Arthur, he the said Earl did privately and corruptly direct the said Arthur to pay the same, and accordingly the said One Thousand Pounds was paid, to the Use of the said Lilesh, alias Lawless; and the said Robert Earl of Oxford and Earl Mortimer did, at other Times, in a fictitious and scandalous Manner, direct the Payment of other considerable Sums of Money, out of Her Majesty's Treasure, to the said Lilesh, alias Lawless, which were accordingly paid to him; although it was notorious, that the said Lilesh, alias Lawless, had not only traiterously served in Arms against Her Majesty, but had been the Minister or Agent of the Pretender at the Court of Madrid, and was under strong Suspicions of being sent into England, though under the Pretences aforesaid, secretly to promote the Interest of the Pretender in these Kingdoms: By all which corrupt and evil Counsels, he the said Robert Earl of Oxford and Earl Mortimer did most basely and ungratefully expose the Person of Her Sacred Majesty, did what in * his lay to enervate and render ineffectual the Advice of Parliament, and Her Majesty's most solemn Declarations, in a Matter of the nearest Concern to Her Majesty and Her Kingdoms; and, by countenancing in the most corrupt and scandalous Manner the secret Emissaries of the Pretender, did greatly encourage his open Adherents, to the apparent Danger of the Protestant Succession to the Imperial Crown of these Realms."

ARTICLE VI.

"That whereas Her late Majesty Queen Ann, after several unsuccessful Attempts, in Conjunction with Her Allies, to establish His present Imperial Majesty on the Throne of Spain, being informed that the People of Catalonia were inclined to cast off the Yoke imposed upon them by the French, and to return to the Obedience of the House of Austria; and Her Majesty being desirous to maintain and improve that good Disposition in them, and to induce them to put the same speedily in Execution; did send Mitford Crow Esquire to them, with necessary Powers and Instructions to carry on so great a Work, for the Advantage of Her Service, and the Good of the common Cause; and, to that End, to treat with the Catalans, or any other People of Spain, about their coming into the Interest of King Charles the Third, His present Imperial Majesty, and joining with Her Majesty and Her Allies against the common Enemy; and Her Majesty, after Her gracious Assurances to assist them with Men and Money, was pleased to authorize Her said Minister to give them Her utmost Assurances, to procure the Establishment of all such Rights and Immunities as they had formerly enjoyed under the House of Austria; and that, for their further Satisfaction, She had sent for Powers from King Charles the Third, for confirming the same, and was willing to become Guarantee that it should be done; nevertheless, on this express Condition, that they should receive the said King Charles as lawful King of Spain, and utterly renounce the House of Bourbon; and, together with the said Instructions, Her Majesty was pleased to sign, and cause to be delivered to Her said Minister, Credential Letters, to the Nobility, Magistrates, and all other Officers Civil and Military, of Catalonia, desiring them to depend on the Promises He should make them in Her Name; and, in Her Majesty's Instructions to the Earl of Peterborow and Sir Cloudesly Shovell, in or about the Month of May One Thousand Seven Hundred and Five, they are ordered to use their utmost Endeavours to induce the Catalans to join with them in their Undertaking; and to assure them of Her Majesty's Support; and to promise them, in the Queen's Name, that She would secure them a Confirmation of their Rights and Privileges from the King of Spain, that they might be settled on a lasting Foundation to them and their Posterity; and in case Persuation should not prevail, and the Catalans should not make a suitable Return to those kind Offers, they were ordered to annoy their Towns on the Coast of Spain, and to reduce them by Force: And in Conformity to these Instructions, a Manifesto, or Declaration, was prepared, by the Privity and Advice of Robert Earl of Oxford and Earl Mortimer, then One of Her Majesty's Principal Secretaries of State, and delivered to the said Earl of Peterborow, full, on the one Hand, of the Assurances afore-mentioned; and, on the other Hand, of Menaces to them, in case they declined Her Majesty's Overtures; which Manifesto was afterwards published by him the said Earl of Peterborow in Catalonia: And whereas the Nobility, Clergy, and the whole Principality of Catalonia, and the Inhabitants of the Isle of Majorca, relying on the Faith of those Royal Assurances, did utterly abandon the House of Bourbon, and acknowledged King Charles the Third, His present Imperial Majesty, for their lawful Sovereign, and did join their Arms with those of Her Majesty and Her Allies, against the Duke of Anjou; and it having pleased Almighty God so far to bless Her Majesty's pious and generous Undertaking, as, by most sigual Successes, in a short Time, to deliver the Principality of Catalonia from the heavy Yoke of French Bondage; and great Supplies having been granted by Parliament for the reducing the whole Kingdom of Spain to the Obedience of the House of Austria, the Arms of Her Majesty and Her Allies were attended with vast Successes, having Twice entered the Capital City of that Kingdom, and obtained many other signal Consequents, to the great Advantage of the common Cause; and, through the whole Progress thereof, the Bravery and Firmness of the Catalans being always remarkable, thereby, as well as from the repeated Assurances given to them, from Time to Time, in Her Majesty's Name, by every General and Minister sent from Great Britain to Spain, the Hearts of that brave People were united under the strongest Ties of Affection and Gratitude to Her Majesty; and they were justly held in the strictest Dependence on the Continuance of Her Royal Protection; he, the said Robert Earl of Oxford and Earl Mortimer, being an Enemy to the common Liberty of Europe, and having traiterously entered into Conspiracies for subjecting the whole Spanish Monarchy to to the House of Bourbon, and designing most maliciously the utter Ruin and Destruction of the ancient Rights, Liberties, and Privileges, of the Catalans, who had made so glorious a Stand for the Preservation of them, did, together with other false and evil Counsellors, form a most dishonourable, wicked, and cruel Contrivance, not only for abandoning the Catalans to the Fury and Revenge of the Duke of Anjou and his Adherents, but for the final Extirpation of all their Rights, Liberties, and Privileges; and, in Execution of that his Intention, during the private, separate, and pernicious Negotiation of Peace, which was carried on between him and the Ministers of France, and before any Negotiation of Peace was set on Foot in due Form of Law between the Crowns of Great Britain and Spain, did advise Her Majesty to give Directions to the Lord Lexington, Her Ambassador to the Court of Spain, to acknowledge the Duke of Anjou King of Spain; but was greatly wanting in his Duty to Her Majesty, in not advising Her to give Instructions to Her said Minister, at the same Time, peremptorily and absolutely to insist on the securing the Catalans Liberties, at the Conclusion of the Peace: And although the private, separate, and treacherous Practices of him the said Robert Earl of Oxford and Earl Mortimer and others, in Combination with the Ministers of France, did afterwards, on or about the Fourteenth of March One Thousand Seven Hundred and Thirteen, necessitate His present Imperial Majesty to conclude a Treaty for the evacuating Catalonia, whereof Her Majesty was Guarantee, without any express and positive Stipulations for the Catalans Liberties; His Imperial Majesty relying in that respect on Her Majesty's Declaration to interpose for them in the most effectual Manner, and on the Promises of the French King to join His Endeavours for the same Purpose; and although Her Sacred Majesty did, both before and after, frequently declare, by Her Ministers in Spain, "That She thought Herself under the strongest Ties of Honour and Conscience, not to abandon a People, whom the Necessities of the War had obliged Her to draw into Her Interest;" and though the French King did not join His Endeavours for the Purposes aforesaid; he the said Robert Earl of Oxford and Earl Mortimer, together with other false and wicked Councellors, having, from Time to Time, amused and deceived the distressed Catalans with groundless Hopes of Her Majesty's effectual Interpositions in their Favour, thereby engaging them in a more obstinate Defence of their Territories against the Duke of Anjou, was not only highly wanting in his Duty to Her Majesty, by not doing what in him lay, as a faithful Minister, to have prevented the Conclusion of the Treaty of Peace with Spain, till just and honourable Conditions were secured for the Catalans; but did, falsely, maliciously, and treacherously, advise Her Majesty to conclude a Peace with the King of Spain, without any Security for the ancient and just Rights, Liberties, and Privileges, of that brave, but unhappy, Nation; and did further advise Her Majesty to send Sir James Wishart, Her Admiral, with a large Squadron of Men of War, at a great Expence, to favour the said King of Spain in the Siege of Barcelona, the Capital City of Catalonia; and with express Instructions, "That in case the Inhabitants of Majorca should refuse the Terms that should be offered them by the Duke of Anjou, to employ his Squadron in countenancing and assisting all Attempts that should be made for reducing them to a due Obedience;" by which most vile and detestable Counsels, Her Sacred Majesty, contrary to Her most pious Intentions, the Faith of Nations, and the Duties of Religion and Humanity itself, and contrary to Her solemn and repeated Assurances, was prevailed on to abandon a distressed People, drawn in and engaged by Her own Invitation into an open War with the Duke of Anjou, for the Preservation of the Liberties of Europe, and the Commerce of Great Britain; and the Persons, Estates, Dignities, Rights, Liberties, and Privileges, of the Catalans, were given up, as a Sacrifice to the implacable Resentment of their enraged and powerful Enemy; and the Honour of the British Nation, always renowned for the Love of Liberty, and for giving Protection to the Assertors of it, was most basely prostituted; and a free and generous People, the faithful and useful Allies of this Kingdom, were betrayed, in the most unparalleled Manner, into irrevocable Slavery; and in Consequence of which most dishonourable and perfidious Counsels, the most execrable Hostilities, Burnings, and Plunderings, were committed upon them throughout their whole Province, without sparing the Effusion of innocent Blood, and without the Distinction of Age or Sex; and that unfortunate People were afterwards forced to undergo the utmost Miseries of a Siege, in their Capital City of Barcelona; during which, great Multitudes of them perished by Famine and the Sword, many of them have since been executed; and great Numbers of the Nobility of Catalonia, who, for their Constancy and Bravery in Defence of their Liberties, and for their Services in Conjunction with Her Majesty and Her Allies, had, in all Honour, Justice, and Conscience, the highest Claim to Her Majesty's Protection, are now dispersed in Dungeons throughout the Spanish Dominions; and not only the Catalan Liberties extirpated, but, by those wicked Counsels of him the said Robert Earl of Oxford and Earl Mortimer, Catalonia itself is almost become desolate: All which Crimes and Misdemeanors were committed and done by him the said Earl, against our late Sovereign Lady the Queen, Her Crown and Dignity, the Peace and Interest of this Kingdom, and in Breach of the several Trusts reposed in him the said Earl; and he the said Robert Earl of Oxford and Earl Mortimer was either Commissioner of the Treasury, or Lord High Treasurer of Great Britain, and One of Her Majesty's Privy Council, during the Time that all and every the Crimes before set forth, were done and committed: For which Matters and Things the Knights, Citizens, and Burgesses of the House of Commons in Parliament assembled, do, in the Name of themselves and of all the Commons of Great Britain, further impeach the said Robert Earl of Oxford and Earl Mortimer of other high Crimes and Misdemeanors, in the said Articles contained.

"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 Earl; and also of replying to the Answers which the said Rob't Earl of Oxford and Earl Mortimer 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; do pray, that the said Rob't Earl of Oxford and Earl Mortimer 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."

E. Oxford to be brought to the Bar.

Whereas the Commons assembled in Parliament having this Day exhibited to this House further Articles of Impeachment of high Crimes and Misdemeanors, against Robert Earl of Oxford and Earl Mortimer:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Earl be brought to the Bar of this House, To-morrow, at Three of the Clock in the Afternoon, to hear the said Articles read.

To the Constable of His Majesty's Tower of London; or, in his Absence, to the Lieutenant or Deputy Lieutenant of the same.

Mutiny Act, to enforce, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better preventing Mutiny and Desertion, by enforcing and making more effectual an Act of this present Parliament, intituled, An Act for the better regulating the Forces to be continued in His Majesty's Service; and for the Payment of the said Forces and their Quarters."

Then a Clause was offered, to be added at the End of the said Bill.

And the same, being Thrice read, was agreed to.

And the Question being put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Browning:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto they desire their Concurrence.

High Bailiff, Westm'r, to prevent Stoppages, Streets.

The High Bailiff of Westminster attending (according to Order) was called in.

And the Lord Chancellor, by Direction of the House, acquainted him with the Alteration made on Saturday last, in their Lordships Order to prevent Stoppages in the Streets, and also the Addition thereto; and enjoined him, "To take Care that for the future it be better observed and executed; or else the House shall impute it to him as a Fault."

Message from H. C. to return the Bill to augment the Maintenance of the poor Clergy.

A Message was brought from the House of Commons, by Mr. Ward and others:

To return the Bill, intituled, "An Act for making more effectual Her late Majesty's Gracious Intentions for augmenting the Maintenance of the poor Clergy;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Then the said Amendments were read Thrice, and agreed to.

And a Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Browning, to acquaint them therewith.

Cope's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Robert Cope Esquire to settle an additional Jointure out of his Estate on Elizabeth his now Wife, and also to raise Portions and Maintenances for his Daughters and Younger Children by her; and to enable those in Remainder to do the same."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Thomas Gery and Mr. Browning:

To carry down the said Bill, and desire their Concurrence thereunto.

E. of Abingdon's Privilege:

The House being informed, from the Lords Committees for Privileges, to whom the Matter of the Complaint of a Breach of the Earl of Abingdon's Privilege, and the Privilege of this House, was referred, "That, upon Examination of the Matter of the said Complaint, it appeared to the Committee, that it would be necessary, for their Lordships better Information in this Matter, to have a Letter, which is now in Cheshire, in the Custody of the said Earl's Steward, produced before them; the Committee had for that Purpose adjourned the further Consideration of the Matter of the said Complaint to Monday the 15th Day of this Instant August; and therefore desired the House would admit Richard Vernon, in Custody of the Serjeant at Arms attending this House on Account of the said Complaint, to be bailed in the mean Time:"

Vernon to Be bailed.

Ordered, That the said Richard Vernon be, in Consideration of the Delay above-mentioned, admitted to Bail, by entering into a Recognizance, in the Penalty of £500. to His Majesty, with Two sufficient Sureties, in the Penalty of £250. each; on Condition, "That the said Richard Vernon attend this House, on Monday the 15th Day of this Instant August, and at such other Times as he shall be required by their Lordships Order;" and the Clerk of the Parliaments is hereby empowered to take such Recognizances accordingly.

Message from H. C. to return the Bill for enforcing the Mutiny Act.

A Message was brought from the House of Commons, by Mr. Craggs and others:

To return the Bill, intituled, "An Act for the better preventing Mutiny and Desertion, by enforcing and making more effectual an Act of this present Parliament, intituled, An Act for the better regulating the Forces to be continued in His Majesty's Service, and for the Payment of the said Forces and their Quarters;" and to acquaint this House, that they have agreed to the Amendments made to the said Bill, with an Amendment to One of them, whereunto they desire their Lordships Concurrence.

Then the Amendment was read Thrice, and agreed to.

And a Message was sent to the House of Commons to acquaint them therewith.

Fish Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better preventing fresh Fish taken by Foreigners being imported into this Kingdom; and for the Preservation of the Fry of Fish; and for the giving Leave to import Lobsters and Turbots in Foreign Bottoms; and for the Preservation of Salmon, within several Rivers in this Kingdom."

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

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; the Clerk of the Crown read the Titles of the Bills to be passed, as follows:

Bills passed.

"1. An Act for the better preventing Mutiny and Desertion, by enforcing and making more effectual an Act of this present Parliament, intituled, An Act for the better regulating the Forces to be continued in His Majesty's Service; and for the Payment of the said Forces and their Quarters."

"2. An Act for making more effectual Her late Majesty's Gracious Intentions for augmenting the Maintenance of the poor Clergy."

"3. An Act to restrain all Waggoners, Carriers, and others, from drawing any Carriage with more than Five Horses in Length."

"4. An Act for repairing the Highways through the several Parishes of St. Michael, St. Albans, St. Peter, Shenly Ridge, and South Mims, in the Counties of Hertford and Middlesex."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy le veult."

5. An Act for confirming the Sale of the Reversion of the Manor of Darrington, by George Earl of Cardigan, to Theophilus Shelton Esquire and his Heirs."

"6. An Act for vesting in Trustees Part of the Estate of Nicholas Fry Esquire, deceased, for Payment of his Debts."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desire."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Security of His Majesty's Person, &c. Bill.

Ordered, That To-morrow this House shall be put into a Committee, to consider further of the Bill relating to the Security of His Majesty's Person and Government.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.