House of Lords Journal Volume 20: 28 January 1716

Die Sabbati, 28 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Mar & al. Attainder, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to attaint John Earl of Mar, William Murray Esquire commonly called Marquis of Tullibardine, James Earl of Linlithgow, and James Drummond Esquire commonly called Lord Drummond, of High Treason.

Ordered, That the said Bill be read a Second Time on Tuesday next.

Message to H. C. for the Names of Persons examined by them in relation to it.

Then, a Message was sent to the House of Commons, by Mr. Fellowes and Mr. Orlebar:

To desire that they will impart to this House the Names of such Persons as appeared and were examined before them in relation to the said Bill.

Counsel and Solicitor assigned Turner, on his Appeal.

Upon reading the Petition of John Turner; praying, "That this House will assign Mr. Lechmere and Sir John Cheshire for his Counsel, and Sir George Stonehouse for his Solicitor, he being admitted by the Court of Exchequer to prosecute there in Forma Pauperis;" as also upon reading an Affidavit of the Petitioner, "That he is not worth Five Pounds in the World, his Debts paid, and Matters in Dispute and Wearing Apparel excepted:"

It is Ordered, That the Counsel and Solicitor be assigned for the Petitioner, according to the Prayer of the Petition.

Message from H. C. with a Replication to E. of Wintoun's Answer.

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

To acquaint this House, "That they have considered the Answer of George Earl of Winton, to the Impeachment exhibited against him by the Knights, Citizens, and Burgesses, assembled in Parliament; and do aver their Charge against the said George Earl of Winton for High Treason to be true; and that the said Earl of Winton is guilty of the High Treason, in such Manner as he stands impeached; and that the Commons will be ready to prove their Charge against him, at such convenient Time as shall be appointed for that Purpose."

Method of proceeding to Judgement on the Six Lords.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House, to whom it was referred to consider of the Forms and Methods of proceeding to Judgement in the Case of the Six Lords who have pleaded guilty to the Impeachment of the House of Commons, the several Resolutions and Directions of the Committee.

Which were read; and, with Amendments to some of them, agreed to by the House; and are as follows; (videlicet,)

Address for a Lord High Steward, to be drawn:

"Resolved, That an humble Address be presented to His Majesty, That He will be pleased to constitute a Lord High Steward, for the further Proceedings against James Earl of Darwentwater, William Lord Widdrington, William Earl of Nithsdaill, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairne, who have pleaded guilty to the Impeachment of the House of Commons.

"That an humble Address be presented to His Majesty, That He will be pleased to give Order that such Guards do attend, on the Day this House shall give Judgement upon the said Six Lords, as hath been usual in Cases of Trials.

"And the Committee having directed the Judges to prepare a Form of a Commission for constituting a Lord High Steward for this Case, to be laid before their Lordships for their Approbation, the Judges prepared a Form accordingly; which the Committee approved of, and directed the same to be reported to the House."

Which, with an Amendment, was agreed to; as follows:

Form of his Commission.

"Georgius, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hib'niæ Rex, Fidei Defensor, &c. Prædilecto et Fideli Consiliario Nostro A. B. &c. Salutem. Cum Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Will'us Comes de Nithisdale, Georgius Comes de Winton, Rob'tus Comes de Carnwath, Willielmus Vicecomes Kenmure, et Willielmus Dominus Nairne, coram Nobis, in præsenti Parliamento, per Milites, Cives, et Burgenses, in Parliamento Nostro assemblat. de Alta Proditione, per ipsos Jacobum Comitem de Derwentwater, Willielmum Dominum Widdrington, Willielmum Comitem de Nithisdale, Georgium Comitem de Winton, Rob'tum Comitem de Carnwath, Willielmum Vicecomitem Kenmure, et Willielmum Dominum Nairn, commiss. et perpetrat. in Nomine ipforum Militum, Civium, et Burgensium, et Nomine omnium Communium Regni Nostri Magnæ Britanniæ, impetiti et accusati existunt; et ipsi prædict. Jacobus Comes de Derwentwater, Will'us Dominus Widdrington, Will'us Comes de Nithisdale, Rob'tus Comes de Carnwath, Will'us Vicecomes Kenmure, et Will'us Dominus Nairn, coram Nobis, in præsenti Parliamento, de Proditione prædict. se esse culpabiles separatim cognoverunt: Nos, considerantes quod Justitia est Virtus excellens et Altissimo complacens, volentesque quod præd. Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Will'us Comes de Nithisdale, Rob'tus Comes de Carnwath, Will'us Vicecomes Kenmure, et Will'us Dominus Nairn, de et pro Proditione unde ipsi ut præfertur impetit. accusat. et convict. existunt, coram Nobis in præsenti Parliamento Nostro, secundum Legem et Consuetudinem hujus Regni Nostri Magnæ Britanniæ, et secundum Consuetudinem Parliamenti, audiantur, sententientur, et adjudicentur, cæteraque omnia quæ in hac Parte pertinent debito Modo exerceantur et exequantur; ac pro eo quod Proceres et Magnates in præsenti Parliamento Nostro assemblat. Nobis humillime supplicaverunt, ut Senescallum Magnæ Britanniæ pro hac Vice constituere dignaremur: Nos, de Fidelitate, Prudentia, provida Circumspectione, et Industria vestris plurimum confidentes, ordinavimus et constituimus vos ex hac Causa Senescallum Magnæ Britanniæ, ad Officium illud, cum omnibus eidem Officio in hac Parte debit. et pertinen. (hac Vice) gerend. occupand. et exercend.; et ideo vobis mandamus, quod circa Præmissa diligenter intendatis, et omnia quæ in hac Parte ad Officium Senescalli Mag. Britanniæ pertinent et requiruntur hac Vice faciatis, exerceatis, et exequamini cum Effectu. In cujus Rei Testimonium, has Literas Nostras fieri secimus Patentes.

"Teste Meipso, apud Westm. &c."

Method of proceeding to Judgement on the Six Lords.

"That, on the Day of giving Judgement, the whole Body of the House of Peers meet here in their Robes, at Eleven of the Clock in the Morning; and that their Lordships will go down into Westm'r Hall, in their Robes, in order to their giving such Judgement.

"That the same Method be observed, in going into Westm'r Hall, as was at the Trial of the Lord Viscount Stafford.

"That the said Six Lords be brought to the Bar together; and that they, or so many of them upon whom Judgement shall be pronounced, shall receive Sentence together; which Sentence shall be the same as is usual in Cases of High Treason.

"That the Articles of Impeachment exhibited by the House of Commons against the said Six Lords, and the Earl of Wintoun, and the Answers or Pleas of the said Six Lords, be read as soon as they are brought to the Bar.

"That the Lord High Steward be directed to acquaint the said Six Lords, and all other Persons who may have Occasion to speak to the Court, That they address themselves to the Lords in general, and not to the Lord High Steward.

"That the Lord High Steward be also directed to ask the said Lords, in the usual Manner, If they have any Thing to offer in Arrest of Judgement.

"That the Counsel assigned to the said several Six Lords may be present when they are at the Bar, that, if any Thing is offered in Arrest of Judgement which the Lords may think proper to hear Counsel upon, they may be heard.

"That the Lord Great Chamberlain be directed to take Care that Places behind the Lords be kept for Peeresses and their Daughters.

"That His Majesty's Surveyor General be required to view the Court and Scaffolds in Westm'r Hall, and see that they be strong and firm.

"That, on the Day of giving Judgement, the Avenues to this House be guarded; and Care taken that none be admitted but Lords Servants, and the necessary Attendants of this House.

"That the Lord Mayor and Sheriffs of the City of London, as also the Deputy Lieutenants and Justices of Peace for the County of Middlesex, and the Justices of Peace for the City and Liberties of Westminster, be required to take Care for the safe guarding of the Gates of the said Cities, and other necessary Places within their several Jurisdictions, thereby to prevent the unnecessary Concourse of People resorting to Westminster, and preserving the Peace, during the Time of the sitting of the Court to give Judgement upon the said Six Lords.

"That all the Constables of Westminster be required to attend in The Palace Yards at Westminster, on the said Day, to take Care that all Coaches whatsoever, when they have set down the Persons they bring, be turned away through The Old Palace Yard, and so by Lindsey House, and from thence so that they cannot by any Way return through King Street until Five in the Afternoon."

Ordered, That the Two several Addresses aforementioned be presented to His Majesty by the Lords with White Staves.

Sir C. Wren to attend, about Places for Peeresses, &c. at the Trials.

Ordered, That Sir Christopher Wren do attend this House on Tuesday next, to give an Account what Room there is in Westm'r Hall for the Peeresses and the Lords Daughters, and likewise for such Persons as receive the Lords Tickets.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.