House of Lords Journal Volume 20: 24 June 1717

DIE Lunæ, 24 Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Game Laws, for explaining, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act to explain and amend several Laws therein mentioned, for the better Preservation of the Game," was committed, the Amendment made by the Committee to the said Bill.

Which was read, and agreed to, as follows; videlicet,

"Press 2. Line 28. After the 2d ["or"], and before ["immediately"], insert ["such Person be"]."

Pilots, Deal and Dover, bill.

The Earl of Clarendon also (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act for the better regulating of Pilots, for the conducting of Ships and Vessels from Dover, Deal, and the Isle of Thanet, up the Rivers of Thames and Medway," was re-committed, the Amendment made by the Committee to the said Bill.

Which was read, and agreed to, as follows; (videlicet,)

"Press 4. Line 22. Leave out from ["same"] to ["provided"], in the 32d Line of the same Press."

Commission for Lord High Steward.

The Commission granted by His Majesty, for appointing a Lord High Steward, during the Trial of the Earl of Oxford and Earl Mortimer, pursuant to the Address of this House for that Purpose, was delivered.

And the same was read (all the Lords standing up uncovered), as follows:

"GEORGIUS R.

"Georgius, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hib'niæ Rex, Fidei Defensor, &c. Prædilecto et Fideli Consiliario Nostro Will'o Domino Cowper, Cancellario Nostro Magnæ Britann. Salutem. Cum Rob'tus Comes de Oxon et Comes Mortimer, coram Nobis, in Parliamento, per Milites, Cives, et Burgenses, in Parliamento Nostro assemblat. de Alta Proditione, et aliis atrocissimis Criminibus et Ofsensis, per ipsum Rob'tum Comitem de Oxon. et Comitem Mortimer commiss. et perpetrat. in Nomine ipsorum Militum, Civium, et Burgensium, et Nomine omnium Communium Regni Nostri Magnæ Britann. impetit. et accusat. existit: Nos, considerantes quod Justitia est Virtus excellens et Altissimo complacens, volentesque quod prædictus Rob'tus Comes de Oxon. et Comes Mortimer de et pro Proditione et aliis Criminibus et Offensis unde ipse (ut præfertur) impetitus et accusatus existit, coram Nobis, in præsenti Parliamento Nostro, secundum Legem et Consuetudinem hujus Regni Nostri Mag. Britan. et secundum Consuetudinem Parliamenti, audiatur, examinetur, sententietur, et adjudicetur, 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 Britann. 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 Britann. 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. Britan. pertinent, ut requiruntur, hac Vice, faciatis, exerceatis, et exequamini cum Effectu. In cujus Rei Testimonium, has Literas Nostras fieri secimus Patentes.

"Teste Meipso, apud Westm. Vicesimo Quarto Die Junii, Anno Regni Nostri Tertio.

"Per ipsum Regem, propria Manu signat.

"WRIGHTE."

Messages from H. C. with Bills.

A Message from the House of Commons, by the Lord James Murray and others:

With a Bill, intituled, "An Act to enable His Majesty to make Provision for Margaret Lady Nairn and her Children, out of her Paternal Estate, forfeited during the Life of William Murray late Lord Nairn, her Husband;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Mr. Pringle and others:

With a Bill, intituled, "An Act to enable His Majesty to make Provision for the Wives and Children of James late Earl of Southeske, James late Lord Drummond, the late Sir Hugh Paterson of Bannockburn, and James Sterling late of Keir;" to which they desire the Concurrence of this House.

Earl Scarbrough to take the Oaths in England, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Richard Earl of Scarbrough to take in Great Britain the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Office."

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

It was Resolved in the Affirmative.

Tenths, for better collecting, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better levying and collecting the Revenue of the Tenths of the Clergy."

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 the Two last Bills.

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

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

E. of Oxford's Trial:

This Day being appointed, to proceed to the Trial of Robert Earl of Oxford and Earl Mortimer:

Sir John Vanbrug, One of the Three Kings at Arms, was permitted to come to the Table.

And the House (according to Order) was called over by the Clerk, beginning at the lowest Baron; the Clerk, pursuant to the same Order, setting down the Names of those Lords who were absent.

And the said King at Arms having marked in a List such Lords as were present:

The Names of the absent Lords were again called over; videlicet,

House adjourned to Westminster Hall.

Then the House was adjourned into Westm'r Hall, whither the Officers, Attendants, Peers Sons, and Lords, went in the Order directed; the before mentioned King at Arms calling them in their due Places by his List.

And the Lords being come thither, and seated;

And the House resumed:

Proclamation was made, in the King's Name, for all Persons to keep Silence, upon Pain of Imprisonment.

Then the Commission for appointing a Lord High Steward was presented to the Lord High Steward, sitting upon the Woolsack, by the Clerk of the Crown in Chancery, on his Knee: And the same being brought to the Table, and Proclamation again made for keeping Silence; the said Commission was read, 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:

Proclamation was again made, for keeping Silence; as also Proclamation, requiring the Lieutenant of The Tower of London to bring forth Robert Earl of Oxford and Earl Mortimer his Prisoner to the Bar, according to the Order of this House to him directed.

E. of Oxford at the Bar, and the Articles read.

Who, being brought to the Bar accordingly, kneeled, until the Lord High Steward acquainted him he might rise.

Then the Articles of Impeachment exhibited by the Commons against him, and his Lordship's Answer thereunto, as also the Replication of the Commons to the said Answer, were (according to Order) read.

After which, the Lord High Steward spake to the Prisoner, as follows:

"Robert Earl of Oxford and Earl Mortimer;

"It has been usual, before the Commons proceed, to say something from this Place to Persons in your Lordship's present Condition; partly by Way of Exhortation to a reasonable Confidence in the great Honour, Justice, Wisdom, Integrity, and Candour of their Judges, their Peers, the House of Lords in Parliament assembled; partly by Way of Direction, to assist them in their Behaviour and Conduct during the Course of their Trial.

"But, considering the many great Offices your Lordship has borne in the State, your long Experience and known Learning in all Parliamentary Proceedings, I cannot but think it would seem improper for me to be speaking to your Lordship in that Manner.

"Wherefore I proceed barely to acquaint your Lordship, and others whom it may concern, with such Orders as the Lords have made, and which it is fit should be taken Notice of thus early.

"1. Your Lordship, and all other Persons who have Occasion to speak to this Court, must address your Speech to the Lords in general, and not to any Lord in particular.

"2. Your Lordship's Counsel may be present, at the Bar, in order to be heard to any Point or Matter of Law, if such shall arise, on either of the Articles for High Treason; and that you may make your full Defence, by Counsel, if you think fit, on the Articles for high Crimes and Misdemeanors, as well on Matters of Fact as of Law.

"3. That your Witnesses are to be examined on Oath, as well to the Articles for High Treason, as those for high Crimes and Misdemeanors."

Which being ended;

The Lord High Steward, with the Consent of the Court, went down to the Table, for the better hearing of what should be said during the Trial.

And, Proclamation being again made for Silence;

The Lord High Steward said,

"Gentlemen of the House of Commons, you will be pleased now to proceed."

Managers for the Commons open the Charge against him.

Then Mr. Hampden, One of the Managers for the Commons, opened the Charge against the Earl of Oxford and Earl Mortimer.

And Sir Joseph Jekyll beginning to proceed, in order to make good the First Article of Impeachment against the said Earl:

The House was moved, "To adjourn to the Chamber of Parliament."

And, being adjourned accordingly, the Lords and others returned, in the same Order they went down.

And the House being resumed:

Commons not to proceed in the other Articles, till Judgement is given on those for Treason:

It was moved, "To resolve, That the Commons be not admitted to proceed, in order to make good the Articles against Robert Earl of Oxford and Earl Mortimer, for high Crimes and Misdemeanors, till Judgement be first given on the Articles for High Treason."

Notice being taken, "That divers Persons were in the House, who had no Right to be there:"

Ordered, That the Gentleman Usher of the Black Rod to take into Custody such Persons as are now in the House, contrary to their Lordships Orders.

Then a Question being stated upon the said Motion;

And Debate thereupon:

The previous Question was put, "Whether that Question shall be now put?"

It was Resolved in the Affirmative.

And the main Question being accordingly put; videlicet, "That the Commons be not admitted to proceed, in order to make good the Articles against Robert Earl of Oxford and Earl Mortimer, for high Crimes and Misdemeanors, till Judgement be first given on the Articles for High Treason?"

It was Resolved in the Affirmative.

Ordered, That the said Resolution be communicated to the Commons by the Lord High Steward.

Message to them, that the Lords are go into Westminster Hall:

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

To acquaint them, that the Lords are now about going down into Westm'r Hall.

The Messengers returned; and acquainted the House, That they had delivered their Message; and that the Commons were preparing to go immediately into Westm'r Hall."

Then the House was again adjourned into Westm'r Hall.

And the Lords being there seated, and the House resumed:

Ld. High Steward acquaints them with the preceding Resolution:

The Lord High Steward acquainted the Commons with the aforementioned Resolution.

And thereupon Sir William Thompson, His Majesty's Solicitor General, One of the Managers for the Commons, said,

Commons resort to their House about it:

"That they conceived it to be so much the undoubted Right of the Commons, to proceed in their own Method, in Maintenance of the Articles exhibited by them; and did apprehend, that this Resolution of their Lordships might be of such fatal Consequence to the Rights and Privileges of all the Commons of Great Britain, that they would not take upon them to proceed any further, without resorting to the House of Commons, for their Direction therein."

Then the House adjourned to the Chamber of Parliament.

And being resumed:

The House was informed, "That, the Earl of Oxford desiring to be carried back to The Tower by Land, the Lieutenant of the same had refused his Lordship's Request; insisting, he was under Orders of coming and going by Water."

Ordered, That the Lieutenant of The Tower do forthwith attend this House.

And he, attending accordingly, was examined in relation to this Matter.

And withdrew.

And the following Order was made:

E. Oxford remanded.

"Ordered, That the Lieutenant of The Tower of London do remand the Earl of Oxford and Earl Mortimer back to the said Tower by Land; and that the said Lieutenant do bring the said Earl to the Bar of this House, in Westminster Hall, To-morrow, at Eleven a Clock in the Forenoon, in order to proceed further on the Trial of the said Earl.

"To the Constable of His Majesty's 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 Martis, vicesimum quintum diem instantis Junii, hora decima Auroræ, Dominis sic decernentibus.