1 His lordship took that occasion to return their lordships his hearty thanks for their great humanity in not sending him to the Tower the Saturday before; and as he still laboured under the same indisposition of body, he humbly desired their lordships to permit him to continue some few days more at his own house, under the custody of the black rod." The Earl of Oxford being withdrawn to the black rod room, the Lords resolved to allow him a month to answer the Articles of Impeachment; and as to his last request, Dr. Mead, one of his lordship's physicians, being consulted, and having made an affidavit, "That if the earl were sent to the lower, his life would be in danger:" A motion was made, "That he might continue in his house till the Monday following" but this was opposed, and after debate it was carried, by 81 voices against 55, that he should be carried to the Tower on Saturday_next.* In this day's debate, The Earl of Anglesea, having said, "That it was to be feared these violent measures would make the sceptre shake in the king's hands:" several members were offended at this suggestion, and some cried, "the Tower," and others only "to order." The Earl of Sutherland standing up, said, "He trembled with indignation to hear such words pronounced in that noble assembly; that if they had been spoke any where else, he would call the person that spoke them to an account:" But all he could do there was The earl of Oxford was by many blamed for putting off his going to the Tower; which they said did not correspond with that firmness he had hitherto shewn. It is certain, as he came in his own coach to the House of Lords he might with as much ease have been carried to the Tower either by water, or in a sedan, and have had there the same attendance of his friends and physicians. The House having met on Friday, the 15th of July, they adjourned to Monday following, to avoid, as it was generally surmised, any fresh motion, which the earl of Oxford's friends might make for deferring his being sent to the Tower, where he was carried by the black rod on the day appointed, about eight o'clock in the evening, in his chariot, attended by two hackney coaches, in which were his lady, his son the lord Harley, and some other of the earl's relations and servants. Though these three coaches went from his house, near St. James's palace, up St. James's street, and then through Piccadilly, Gerard street, Monmouth street, and Holbourn, with design to avoid a crowd, yet were they attended by a great many of the common people, whose numbers being much increased in their return from the Tower, they raised a tumult in the streets, with their cry of High-church, Ormond, and Oxford for ever, upon which three or four of the mutineers were by the constables carried to the round-house." Tindal. to move that he might explain himself. He was seconded by The Duke of Roxburgh, who said, "That the scepter was so well rivited in the king's hand, that instead of shaking, it would crush all his majesty's enemies." The earl of Berkley and some other lords backed also the earl of Sutherland's motion: whereupon The Earl of Anglesea stood up, and said, "That it was but too manifest, by the riots that were daily committed in several parts of the kingdom, that the nation in general was against these Impeachments; that for his own part, he was so far from approving those tumultuous assemblies and disorders, that he rather wished a stop might speedily be put to them, by exemplary punishments; That he had on several occasions, given sufficient proofs of his zeal and affection for the Revolution and the Protestant succession; that what he had now advanced, was the result of the same zeal for the peace and prosperity of his majesty's reign: however, if he had been so unhappy as, by any unguarded or passionate expression, to offence to that august assembly, he was very sorry for it." give Notwithstanding this apology, some members were inclined to have his lordship sent to the Tower, but the very words he had spoken not having been taken down in writing, the House admitted his lordship's explanation; and so that matter went no further. It is observable that on this occasion, besides the six bishops before mentioned, those of Bath and Wells, and St. David's, voted for the earl of Oxford. Address of the Commons respecting the Tumults.*] July 16. The Commons unanimously resolved, That an humble Address be presented to his majesty, that he will be graciously pleas ed to give directions to the several magistrates throughout the kingdom, That the laws may be put in a speedy and the most vigorous execution against all such persons, who shall be found any way concerned in the late rebellious and tumultuous riots and disorders committed, and "The day before the earl of Oxford was sent to the Tower, the House of Commons received information of their tumultuous proceedings in Staffordshire, where several meeting-houses had been pulled down by the mob. Upon this the Commons unanimously resolved to address the king, that the laws might be put in a speedy and most vigorous execution against the rioters, and an account be taken of such justices, as failed in the disoharge of their duty; and that the sufferers, by these riots, may have a full compensation for their damages, which they would enable his majesty to make good, out of the next aids granted by parliament. The king, in his answer, promised an immediate compliance with their request, and hoped by their seasonable assistance, to suppress the spirit of rebellion, and establish peace and prosperity." Tindal. may now carrying on, in several parts of this kingdom, by persons disaffected to his majesty and his government; and that a strict enquiry be made who are the promoters and authors of the said tumults and riots; and that an account be taken of such justices of the peace, as have failed in the discharge of their duty on these occasions; and that such justices, who shall appear to his majesty to have neglected their duty, be forthwith put out of the commissions of the peace; and that such other magistrates, as shall appear likewise to have neglected their duty therein, may be proceeded against with the utmost rigour of the law: and that his majesty will likewise be pleased to direct, that an exact account may be taken of the losses and damages, which his majesty's subjects have sustained, by reason of these tumultuous and rebellious proceedings; and that the sufferers may have full compensation made them for their damages and to assure his majesty, that all such expenses as his majesty shall be at on that account, shall be made good to his majesty out of the next aids that shall be afterwards granted by parliament: and also, that the laws against Papists and Nonjurors may be effectually put in execution. Ordered, That a Committee be appointed to draw up an Address, upon the said resolution. July 18, Mr. Solicitor General reported from the said committee the following Address, which was agreed to nem. con. Most Gracious Sovereign; "We, your Majesty's most dutiful and loyal subjects, the Commons in parliament assembled, being highly concerned at the continued endeavours of the enemies of your person and government to disturb the tranquillity and happiness of your kingdoms, and to deprive your people of the great blessings they enjoy under your auspicious reign; and it having appeared to us, that, by the encouragement, and the false and traiterous insinuations, of persons disaffected to your title and government, great numbers of your poor deluded subjects have been prevailed upon, in many parts of the kingdom, to assemble together, and, in a tumultuous and rebellious manner, to commit great disorders, and do great injuries to others of their fellow-subjects and fellow-protestants; we think it our indispensable duty, on this occasion, to express our utmost abhorrence of all such traiterous proceedings, and our highest resentment against the authors and promoters of them; and to renew to your majesty the hearty and vigorous resolutions of your faithful Commons to support your majesty, and your government, against all your open and secret enemies; and to contribute the utmost in our power to the honour and safety of your sacred person, and the quiet and security of your go vernment: "And to that end, we crave leave most humbly to beseech your majesty, that you will be graciously pleased to give directions to the several magistrates throughout your kingdom, that the laws now in force may be put in & speedy, and in the most vigorous, execution, against all such persons as shall be found any way concerned in the rebellious and tumultoous riots and disorders which have been committed, and are now carrying on, by persons disaffected to your majesty, and your government; and that a strict inquiry may be made to discover the authors and promoters of them, so as they may be brought to condign punishment: "And it being apparent, that the neglect or misbehaviour of many justices of peace, and other magistrates, have given great encouragement to the said disorders, we crave leave, in all humility, to beseech your majesty, that an account may be taken of such justices of the peace, as have failed in the discharge of their duty on these occasions; and that such of them as shall appear to your majesty to have neglected their duty, may be forthwith put out of the commissions of the peace; and that such other magistrates, as shall likewise appear to your majesty to have neglected their duty therein, may be proceeded against with the utmost rigour of the law. "And as your loyal Commons are fully assured, that, by the wisdom and steadiness of your administration, the sceptre in your royal hand will soon become a terror to all those, who, by open or secret practices, shall any way abet the enemies of your person or govern ment; so, from our most dutiful regard to your majesty, and in justice to those of your subjects, who for their zeal, and firm adherence to your majesty, and your government, have been sufferers in the said tumultuous and traiterous disorders, we do most humbly beseech your majesty; that you will be most graciously pleased to give directions, that an exact account may be taken of the losses and damages which any of your subjects have sustained by reason of the said tumultuous and rebellious' proceedings; and that the sufferers may have full compensation made them for their damages; your faithful Commons most humbly assuring your majesty, that all expences which shall be incurred on that account, shall be made good to your majesty out of the next aids that shall be afterwards granted by par liament: "And, for the security of your sacred person, and the quieting the minds of your faithful subjects, we do further most humbly advise your majesty, that you will be graciously pleased to give orders, that the magistrates throughout the kingdom, in their several stations, do speedily and effectually put the laws in execution against papists and nonjurors." The King's Answer.] To this Address, his Majesty gave the following answer : "Gentlemen: "I thank you heartily for your address, and the many marks of zeal and affection which you express for my honour and safety, and the security of the kingdom. I will give imme-our excellent constitution, and the security of diate directions for putting in execution the several matters which you so justly recommend to me; And as I am resolved on all occasions, to follow the advice of my Parliament; so I have no doubt, but that, by the blessing of Almighty God, and your seasonable and vigorous assistance, I shall soon be enabled effectually to suppress that spirit of rebellion, which is so industriously fomented among us, and to establish the peace and prosperity of my people." The King's Speech relating to an Invasion by the Pretender.] July 20. The king came to the house of peers and passed several acts. Then his majesty, after conferring with the Lord Chancellor, spake as follows: "My lords, and gentlemen; I have given direction to my Lord Chancellor, to declare to you, in my name and words, a matter I think of the greatest importance.” Then the Lord Chancellor spake as follows: "I have received his majesty's commands, to deliver to you, in his name, this his majesty's speech, now put into my hand by his majesty from the throne. "My lords, and gentlemen, "The zeal you have shewn for preserving the peace of my kingdoms, and your wisdom in providing so good a law to prevent all riotous and tumultuous proceedings, give me great satisfaction; but 1 am sorry to find, that such a spirit of rebellion has discovered itself, as leaves no room to doubt but these disorders are set on foot and encouraged by persons disaffected to my government, in expectation of being supported from abroad.The preservation of our excellent constitution and the security of our holy religion, has been and always shall be, my chief care; and I caunot question but your concern for these invaluable blessings is so great, as not to let them be exposed to such attempts, as, I have certain advices, are preparing by the Pretender from abroad, and carrying on at home by a restless party in his favour. "Gentlemen of the House of Commons; "In these circumstances, I think it proper to ask your assistance; and make no doubt but you will so far consult your own security, as not to leave the nation, under a rebellion actoally begun at home, and threatened with an invasion from abroad, in a defenceless condition: And I shall look upon the provision you shall make for the safety of my people, as the best mark of your affection to me." The Lords' Address thereon.] His majesty having retired, the Lords agreed upon the following address: "Most gracious sovereign; We, your ma"esty's most dutiful and loyal subjects, the Lords spiritual and temporal in parliament assembled, beg leave to return your majesty the most humble thanks of this House, for your majesty's most gracious assurances, That the preservation of our holy religion, has been, and always shall be your chief care;' and for communicating to your parliament the advices from abroad, of an intended invasion of these kingdoms, countenanced and encouraged by insurrections here at home, fomented and stirred up by the abet tors and supporters of the Pretender's interest. And we do most humbly assure your majesty, that this House will stand by and assist your majesty, at the hazard of our lives and fortunes, in support and defence of your sacred person, and in defiance of all your open and secret eneyour undoubted right and title to the crown mies." The King's Answer.] The said Address being the next day presented to the king, his majesty gave this Answer: "My lords; "I thank you for the zealous affection you express towards me, and the assurances which you give me in this address; and you may depend on my punctually making good all those which I have given to my people, either on this or any former occasion." Address of the Commons.] The Commons being returned to their House, it was resolved, nem. con. "That an humble Address be presented to his majesty, to return the most humble and dutiful thanks of this House to his majesty, vices he has received of an attempt preparing to for communicating to his parliament, the adbe made upon the nation from abroad, abetted and encouraged by treasonable practices at home, in favour of a popish Pretender: and to assure his majesty, that this House will, with their lives and fortunes, stand by and support his majesty against all his open and secret enemies; and to desire his majesty, that he will immediately give directions for fitting out such a number of ships as may effectually guard the coasts, and to issue out commissions for augmenting his forces by land; assuring his ma jesty, this House will, without loss of time, effectually enable him to raise and maintain such a number of forces, both by sea and land, as shall be necessary for the defence of his sacred person, and for the security of his kingdoms." After this Mr. Freeman stood up, and represented "That in so important a juncture, address; and therefore moved, That the said they ought to lose no time in drawing up an resolution be forthwith laid before his majesty by the whole House." He was seconded by known he had, on many occasions, differed from The lord Guernsey, who said, "It was well some members in that House; but being now convinced that our liberty, religion, and all that is dear to Englishmen, were aimed at, he would (laying his hand on his sword) rather die with his sword in his hand, than survive the Pretender's coming in, though he were to enjoy the greatest honours and preferments under him." Mr. Hampden having likewise backed Mr. Freeman's motion, it passed into a resolution, nem. con. and Mr. Boscawen, who was ordered to wait on the king to know his majesty's pleasure, when he would be attended by the House, having, about six in the evening, reported, that his majesty had been pleased to appoint immediately at his palace at St. James's. The King's Answer.] The House went thither, with their speaker, and laid before his majesty the said resolution, to which the king was pleased to return the following answer. "Gentlemen; I thank you heartily for this Address. The zeal and vigour which you shew upon this occasion, will, I trust in God, enable me to defeat the evil designs of our enemics. I will immediately give directions for such an in crease of our forces, by sca and land, as I shall judge necessary for your security; and will order estimates of the charge thereof to be laid before you.”” read one by one; which was done accordingly, and, with amendments to one of them, upon the question severally put thereupon, they were agreed to by the House; who ordered, That the said Articles be engrossed; and, that a clause be prepared for saving liberty to the Commons to exhibit any farther articles against the said Rebert eart of Oxford and earl Mortimer. August 2. The engrossed farther Articles of earl Mortimer were read; after which it was Impeachment against Robert earl of Oxford and ordered, that the lord Coningsby do carry those Articles also to the Lords; which his lordship did immediately. The said farther Articles are as follow: Further ARTICLES OF IMPEACHMENT ARTICLE I. Address to the King, to allow the Officers on half pay full pay.] July 26, Mr. Robert Walpole took notice," of the measures the king had taken, pursuant to the desire and advice of "That whereas, in or about the month of that House, to secure his dominions; but repre- January in the year 1710-11, a dangerous and sented, that in case of an invasion, the standing destructive Expedition had been projected and troops and new levies would hardly be sufficiet on foot, under the pretence of making a ent and as he thought it necessary, so he conquest on the possessions of the French king moved, that the officers in half-pay should be in North America; but with a real design to put in a capacity to serve the nation, by allow-promote his interests, by weakening the coning them full pay." Mr. Secretary Stanhope se- federate army in Flanders, and dissipating the conded Mr. Walpole's motion; and general naval force of this kingdom; as well as for the Ross only having made a slight objection to it, sake of the private interest and corrupt gain of suggesting, that, to save expences, the standing the promoters of the said expedition; he the regiments might be augmented, it was resolved, said Robert earl of Oxford and earl Mortimer, "That an humble Address be presented to his being then one of her late majesty's privy majesty, that he would be graciously pleased to council and one of the commissioners of her allow full pay, to such half-pay officers as were majesty's treasury, was not only wanting in his not otherwise provided for; and that his ma- duty to her late majesty, by wilfully and inJesty would give orders to the said officers to dustriously absenting from the meetings of other hold themselves in readiness, to be employed in persons then in high trust under her majesty, such manner as his majesty should think fit; wherein the said Expedition was concerted; and to assure his majesty, that this House will and, by not advising her majesty against, and supply such extraordinary expence as his ma- doing what in him lay to have prevented, the jesty should be at on this account, out of the putting the same in execution; but did, connext aids to be afterwards granted by parlia- trary to his oath and the high trust then rement." posed in him, advise her majesty to consent to the making an expedition for the conquering Canada, and the city of Quebec, on the river of St. Laurence, in North America: and, in execution of his said evil councils, 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 1711, for the sum of 28,000l. or thereabouts, on pretence of arms, and inerchandizes said to be sent on the said expedition to Canada; he the said Robert earl ΓΙ This Address being the same day presented to the king, his majesty was pleased to say, "That he looked upon it as a fresh instance of the duty and affection of this House, and of their zeal for the security and preservation of his people and government." FURTHER ARTICLES OF IMPEACHMENT AGAINST THE EARL OF OXFORD AND EARL MORTIMER.] July 30. Mr. R. Walpole reported from the Committee of Secrecy, That they had directed him to exhibit farther Articles of Impeachment of high crimes and misdemeanours against Robert earl of Oxford and earl Mortimer, which he read in his place, and afterwards delivered them in at the table, where they were read and a motion being made and the question put, that the farther consideration of the said Articles be adjourned till the Tuesday following, it passed in the negative. After this it was ordered, that the said Articles be VOL. VII. and embezzled, and a 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 in fluence, not to examine into so high and 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 1711, whilst the nation was engaged in a most ex 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 ground 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 paymaster 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 ma-pensive war against France and Spain for prejesty's private councils, but extending his evil serving the liberties of Europe, and greatly influences to the great council of the nation, exhausted with the supplies and taxes for after the said expedition bad proved unsuccess- carrying on the same, and was under such ful, and it had been discovered to him the said heavy debts as were impossible to be satisfied Robert earl of Oxford and ear! Mortimer that without the utmost frugality, or laying grievous the nation had been cheated of above 20,000l. taxes on the Commons of Great Britain conon that account, did most ungratefully and trary to his oath and his high trust, and making corruptly employ his wicked arts, and the a most dishonourable and ungrateful use of the credit which he had gained by his many false ready access he had to her late majesty, did and crafty insinuations and practices, to keep prevail on and advise her majesty to sign a the House of Commons from examining that warrant to himself, being then lord high treaaffair; and, in or about the month of August surer of Great Britain,for the issuing and payment 1714, in a letter or memorial, under his own of the sum of 13,000l. to John Drummond, esq. hand, to her late majesty, he did presume, not or his assigns, for such special services, relating only to insinuate the ill opinion he therein pre- to the war, as her majesty had directed; and tended always to have had of the said expedi- the said Robert earl of Oxford and earl Mortition, but did declare the suspicions he had of mer, on or about the 24th day of November the great injury and abuse done to her ma- following, in pursuance of the said warrant jesty and the public, in the demand of the under her majesty's sign manual; did sign a said 28,000l., even at the time when the same warrant for the payment of the said 13,000L was made, and that the public had been for such special services of the war as her cheated of above 20,000l. on that account; majesty had directed, although no special serand, in the said memorial, did presume further vices had been, or were at any time afterwards, to declare to her majesty,That he was directed by her majesty, to which the said 'forced to use all his skill and credit, to keep monies were to be applied: and the said the House of Commons from examining that earl of Oxford and earl Mortimer having priaffair the last parliament;' thereby vainly, vately desired leave of the said Drummond to but most wickedly, recommending himself to strike some tin tallies in his the said Drumthe continuance of her majesty's favour, by mond's name, he did, pursuant thereto, direct the success of his most profligate measures. that orders, amounting to the sum of 13,000 By all which unparalleled corruptions and should be charged in the register of the exmost dangerous counsels and practices of him chequer, on monies arising by sale of tin, in the the said Robert earl of Oxford and earl Mor-name of the said John Drummond; and though timer, the good and faithful allies of her ma- the same were accordingly struck, in the name of jesty were deprived of the aid of her majesty's the said Drummond, in or about the month of troops, to which they were entitled by their November 1711, they were not delivered out to Conventions; and the confederate army in the said Drummond, but were kept in the trea Flanders was greatly diminished, to the appa-sury chamber, or elsewhere in the power or rent 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 custody of the said earl, till about the end of January following; when the said Drummond baving occasion, as the said Robert earl of Oxford and earl Mortimer well knew, to go into Holland, at the desire and request of the |