"And the said Commons, by protestation saving to themselves the liberty of exhibiting at any time hereafter, any other accusation or impeachments against the said earl: also of replying to the answers which the Robert earl of Oxford and earl Mortimer si make to the premises, or any of them, or to impeachment or accusation that shall be them exhibited, according to the course: proceedings of parliament; do pray, that said Robert earl of Oxford and earl Morth be put to answer all and every the premis and that such proceedings, examinations, tri and judgments, may be upon them, and ev of them, bad and used, as shall be agreeable law and justice." Mr. Walpole reports the Articles of peachment against Lord Bolingbroke.] gust 4. Mr. Walpole from the Committee Secrecy acquainted the House, that the Ct mittee had prepared Articles of Impeachm of high treason, and other high crimes anda dmeanors against Henry viscount Bolingbro and that the committee had commanded him the same time, to acquaint the House, that t shall, in a short time, have farther Articles lay before the House against him; and that Committee had directed him to report Articles already prepared, to the House. T Mr. Walpole read the Articles in his place, 1 afterwards delivered them in at the tal where they were once read, and then a sec time, Article by Article, and upon the quest severally put thereupon, agreed unto by House; who ordered, That the said articles engrossed; and that a clause be prepared, saving liberty to the Commons to exhibit farther Articles against the said Henry visco Bolingbroke, and that be may be sequeste from parliament and committed to safe custo structions, "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 soleinn 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; daring which, great numbers 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, bad, in all honour, justice, and conscience, the highest clain 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 carl; and he the said Robert earl of Oxford and earl Mortimer Debate thereon.] A motion being ma was either commissioner of the treasury, or and the question put, That the House agree lord high treasurer of Great Britain, and one the first Article, there arose a warm debate, of her majesty's privy council, during the time which a member said that the report of that all and every the crimes before set forth, Committee of Secrecy had begun to open were done and committed: for which matters and eyes; and that the duke of Ormond's f things the knights, citizens, and burgesses of the had fully convinced him, that the heads of House of Commons in parliament assembled, Tory party were a set of knaves and villain do, in the name of themselves and of all the who designed to have ruined their country, and Commons of Great Britain, further impeach the made it a province of France. said Robert earl of Oxford and earl Mortimer of other high crimes and misdemeanors, in the said The lord Stanhope,* who spoke for the first Articles contained, ment against the Duke of Ormond.] Aug Mr. Walpole reports the Articles of Impea 5. Mr. R. Walpole, from the Committee Secrecy, acquainted the House, that the C mittee had prepared Articles of Impeachm of high treason, and other high crimes, misdemeanours, against James duke of mond, which they had directed him to report said Articles in his place, and afterwards Then Mr. Walpole read livered them in at the table, where they once read; and afterwards a second ti Article by Article. the house. Afterwards carl of Chesterfield, time, said, he never wished to spill the blood of any of his countrymen, much less the blood of any nobleman; but that he was persuaded, that the safety of his country required that examples should be made of those who had betrayed it in so infamous a manner. The lord Finch spoke also on the same side; and after some other speeches, the first Article was agreed to by a majority of 177 voices against 78; and then the other Articles, upon the question severally put thereupon, were also agreed unto by the House: after which it was 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 James duke of Ormond; and that he may be sequestered from parliament, and committed to safe custody. war, they shall communicate their designs to 'one another, as well in relation to the actions of the war, as all other things wherein the common cause is concerned: and that it shall not be permitted to either party, when the war is once begun, to treat of peace with the enemy, unless jointly and by a communication ' of counsels : And, in and by a defensive treaty and alliance, made and concluded in or about the month of November 1701 between his said late majesty king William the third and the States General, it was, among other things, expressly agreed, That when the war is begun, the said confederates shall act in concert according to the 7th and 8th articles of the treaty of the 3d of March 1677-8, between "England and Holland; and that no peace nor truce or suspension of arms shall be negotiated or made, but according to the 9th and 10th 'articles of that treaty; by which it was agreed, that when the allies came once to open war, it shall be lawful for neither of 'them afterwards to come to any cessation of ' arms with him who shall be declared and proconjointly and with common consent; and 'claimed an enemy, without it being done that no negotiation of peace shall be set on foot by one of the allies without the concur Mr. Walpole ordered to carry up to the Lords the Articles against Lord Bolingbroke.] August 6. The engrossed Articles, against Henry viscount Bolingbroke, were read, after which it was ordered, 1. That Mr. R. Walpole do carry the said Articles to the Lords; 2. That he be directed, before he exhibits the said Articles to the Lords, to impeach Henry viscount Bolingbroke to the effect following, viz. "My lords; The Commons assembled in parliament, having received information of divers traiterous practices and designs of a great peer of this House, Henry viscount Bolingbroke, Save commanded me to impeach the said Henry viscount Bolingbroke of high treason, and other high crimes and misdemeanors;rence of the other: and that each ally shall and I do here, in their names, and in the names of all the Commons of Great Britain, impeach Henry viscount Bolingbroke of high treason, and other high crimes and misdemeanors. Í am further commanded, by the House of Commons, to pray and demand of your lordships that the said Henry viscount Bolingbroke may be sequestered from parliament, and forthwith committed to safe custody." ARTICLES OF IMPEACHMENT AGAINST LORD BOLINGBROKE.] Accordingly the same day, Mr. Walpole, accompanied by a great many members of the House of Commons, at the bar of the House of Lords,impeached Henry viscount Bolingbroke as above. He further presented Articles of Impeachment of high treason, and other high crimes and misdemeanors, against the said Henry viscount Bolingbroke, in maintenance of the said charge. The said Articles were read, as follows: "ARTICLES of IMPEACHMENT of High Treason and other High Crimes and Misdemeanors, against HENRY Viscount BOLINGBROKE. "Whereas a treaty of alliance was made and eoncluded, on or about the 7th day of September 1701, between Leopold then emperor of Germany, his late majesty king William the third of ever-glorious memory, and their high mightiasses the States Geueral of the United ProVOL. VII. the other every thing that passes in the said continually, and from time to time, impart to 'negotiation: And, in and by a treaty entered into and concluded in or about the month of Anne, of ever-blessed memory, and the States June 1703, between her late majesty queen General, it was, among other things, agreed, that all treaties and alliances then subsisting 'between them should be renewed and confirmed:' And whereas a long, bloody, and expensive war had been carried on, by her late majesty, in conjunction with her said allies and other confederate princes, against France and Spain, as well in resentment of the indignity offered to these kingdoms, by their having acknowledged the Pretender king of these realms, as for obtaining a just satisfaction to his imperial majesty, and for the preservation of the protestant religion, and the balance and liberties of Europe; and from the great suc cesses with which it had pleased Almighty God to bless the confederate arms, they had just reason to hope for an honourable, good, safe, and lasting peace; and although the French king was encouraged, in or about the month of April 1711, to make propositions of peace to her late majesty, signed by M. de Torcy, his Secretary of State, which her said majesty having pleased to communicate to the ministers of the States General ;She did however graciously declare, by Henry viscount Bolingbroke, then Henry St. John esquire and one of her prin K 6 from their just share in the said negotiation, an express article was inserted in the said pro positions, by the privity and advice of him the said Henry viscount Bolingbroke, that the secret should be inviolably kept, till allowed to be divulged by the mutual consent of both parties; although the French king bad, in the propositions signed by M. de Torey, and transmitted in the month of April preceding, offered to treat with the plenipotentiaries of England and Holland alone, or jointly with those of the cipal Secretaries of State, her sentiments to them, that the said propositions were too general; and, at the same time, the said viscount did, in her majesty's name, and by her special command, give them ber utmost and most solemn assurances, That in making peace, as in making war, she would act in perfect concert with them;' in which sentiments the States concurring with her majesty's resiprocal assurances of mutual confidence, so necessary to prevent the designs of the enemy, was returned by them to her ma-allies, at the choice of England; by which jesty; notwithstanding which, ARTICLE I. "He the said Henry viscount Bolingbroke, then being one of her majesty's principal Se-cretaries of State, and of her most honourable privy council; but having entered into a most treacherous confederacy with the ministers and emissaries of France, to frustrate the just hopes and expectations of her majesty and her people, by disuniting the confederacy at the most critical juncture, when they were ready to reap the fruits of so many triumphs over the common enemy; and most wickedly intending, as far as in him lay, to enable the French king, so exhausted and vanquished as he had been on all occasions, to carry his designs, by a peace glorious to him, and to the ruin of the victorious allies, and the destruction of the liberties of all Europe; and having no regard to the solemn treaties her majesty then stood engaged in, nor to the honour or safety of these kingdoms; did, in or about the month of July or August in the year of our Lord 1711, maliciously and wickedly, form a most treacherous and pernicious contrivance and confederacy, with other evil-disposed persons, then also of her majesty's privy council, to set on foot a private, separate, dishonourable, and destructive negotiation of peace between Great Britain and France, without any communication thereof to her majesty's allies, according to their said several treaties: and was not only wanting in his duty and trust to her majesty, by not opposing, and, as far as was in his power, by not advising her majesty against going into any private separate negotiation with France; but, in execution of his purposes aforesaid, he the said Henry viscount Bolingbroke did advise her late majesty to send Matthew Prior, esquire, directly to the court of France, to make propositions of peace, without communicating the same to her majesty's allies; and accordingly the said Matthew Prior, by the advice and with the privity of him the said Henry viscount Bolingbroke and other false and evil counsellors, in or about the months of July or August in the year of our Lord 1711, was sent in a clandestine mauner from England to France, and did communicate the said propositions of peace to the ministers of France; in which the particular interests of Great Britain, as well as the common interest of Europe, were shamefully betrayed; and, in manifestation of his said design to exclude her majesty's allies treacherous and dangerous advice, he the said Henry viscount Bolingbroke did not only contrive and set on foot a negotiation of peace, more advantageous to France than ever France itself had asked; but thereby did put it into the power of the common enemy, to create incurable jealousies and discords between her majesty and her faithful allies, and to destroy that confidence which had so long and so successfully been cultivated between them, and which was so necessary for their commos safety. ARTICLE II. "That the French king having, in or about the months of August or September 1711, with the privity, and by the contrivance, of the said viscount Bolingbroke and others, sent over M. Mesnager into England, to carry on a separate and clandestine negociation of peace; he the said Henry viscount Bolingbroke did afterwards, in the said month of September 1711, or thereabouts, secretly and unlawfully, and without any colour of authority, meet, confer, and treat with, the said Sieur Mesnager, on the negociations of peace between Great Britain and France: and therein did advise and promote the making a private and separate treaty or convention on the said subject of peace be tween the said crowns, without any communication thereof to her majesty's allies; and the said Henry viscount Bolingbroke did afterwards in violation of his oath and high trust, falsely and treacherously advise her late majesty to sign powers to several persons, for concluding, on her behalf, a pernicious and destructive treaty, or convention, on the said subject of peace with France; and, on or about the said 27th of September1711,a dishonourable, destructive, and fatal treaty or convention was concluded and signed, by the said Sieur Mesnager on the part of France, and by the earl of Dartmouth and the said viscount, being then two of her majesty's principal secretaries of state and of her privy council, on the part of her majesty, by virtue only of a warrant under her majesty's sign manual under the signet, directed to themselves, but not countersigned, and without the least knowledge or participation of the allies; in which treaty, the immediate interests of Great Britain are given up to France; and, the duke of Anjou being therein admitted to remain king of Spain, the balance of power and the liberties of Europe were thrown into the bands of the house of Bourbon. "That whereas her late majesty queen Anne "That whereas her late majesty Queen Anne did, on or about the first of October 1711, O. did, in or about the month of December 1711, in S. give instructions to Thomas earl of Stratford due form of law, under her great seal, constitute her ambassador to the States General of the the right reverend John lord bishop of Bristol United Provinces, to communicate to thein cer- and Thomas' earl of Strafford her plenipotenLain propositions of peace, which had been tiaries, with full powers and instructions, to contrived and concerted between the said Sieur meet, treat, and conclude, with the plenipotenMesnager and the said viscount and others, tiaries of her allies, and those whom the French intituled, "Preliminary Articles on the part of king should on his part depute for that purFrance, to come to a general peace, together pose, the conditions of a good and general with her majesty's sentiments and resolutions peace; and whereas his imperial majesty, their thereupon; and also her majesty's further and high mightinesses the States General of the particular resolutions concerning the prosecu- United Provinces, and other her majesty's altion and carrying on the war against France lies, and the French king, having duly constituand Spain, in case the States were desirous to ted and appointed their several and respective carry on the said war:" And whereas, for se- plenipotentiaries for the purposes aforesaid, the veral years before, and till the said month of negociations and conferences for a general October 1711, there was open war between her peace were opened between them, at Utrecht, late majesty and the French king; and, the said about the months of January or February 1711, war continuing, for all the said time and after- and the same continued till the 4th of March wards, the French king and his subjects were 1711, and afterwards: and whereas, on the said enemies to her late majesty; he the said Henry 4th day of March 1711, there was open war viscount Bolingbroke, being then one of her between her late najesty and the French king, majesty's principal secretaries of state and one and the same having continued for several of her majesty's privy council, and a subject of years before, and at the same time and afterher said majesty, not considering the duty of wards: the said French king and his subjects his allegiance, but having altogether withdrawn were during all the said time enemies to her said the cordial love, and true and due obedience, majesty and her subjects; he the said Henry which every true and faithful subject owned to viscount Bolingbroke, then being one of her her said majesty, and designing to give aid and majesty's principal secretaries of state, and of her Accour and to adhere to the said French king privy council, and a subject of her said majesty, against her said majesty; did, on or about the not considering the duty of his allegiance, but Ed of October 1711, during the said war, falsely, having withdrawn his duty and obedience from wickedly, maliciously, and traitorously, aid, help her said majesty, and conspiring and confederatassist, and adhere to, the said French king, aud ing with the enemies of her said majesty, and his subjects, enemies to her said late majesty, the subjects of the said French king, to give against her said late majesty; and, in execution him aid and succour against her said majesty, and performance of his said aiding, assisting, did, on or about the said 4th day of March and adhering, he did, on or about the ad of Oc 1711, falsely, wickedly, and traiterously, tober 1711, falsely, maliciously, and traiter- aid, comfort, assist, and adhere to, the said ously, disclose and communicate her majesty's French king, against her said majesty; and said instructions to her said ambassador; and in execution and performance of his said aidwas privy to, and did advise, consent, or ap- ing, assisting, and adhering, he the said viscount prove, that the same should be, and accordingly did, on or about the said 4th of March 1711, the same were, communicated and disclosed to falsely, maliciously, and traiterously, commuthe said Sieur Mesnager, a subject of the said nicate and disclose her said majesty's then final French king, and an enemy to her late majesty instructions to her said plenipotentiaries, relating and, in further execution and performance of to the said negociations of peace; or was privy his said aiding, assisting, and adhering, he the to, and did advise and consent and approve said Henry viscount Bolingbroke did, in and that the same should be, and accordingly the by a letter, or writing, by him, wrote to M. de same were, communicated and disclosed to Torcy, on or about the said 2d day of October Abbot Gaultier, an agent and emissary of the 1711, disclose, communicate, and notify, or did said French king, and an enemy of her said maintend to notify, to M. de Torcy, a subject, mi-jesty; and, in further execution and performnister, and secretary to the French king, and ance of his said aiding, assisting, and adheran enemy to her late majesty, "That the said ing, he the said Henry viscount Bolingbroke Sieur Mesnager was fully informed of her ma- did, by a letter, or writing, wrote by himself, on jesty's said instructions to the earl of Strafford;" or about the said 4th of March, falsely, malicithereby falsely, maliciously, and traiterously, in-ously, and traiterously, disclose, communicate, forming and advising the said M. de Torcy, and notify, or did intend thereby to communicate from what person, and by what means, he might and notify, to M. de Torcy, a minister, secrecome to the knowledge of her majesty's said in-tary of state, and subject of the said French structions, contrary to the duty of his allegiance and the laws and statutes of this realm. king, and an enemy of ber said majesty, "That the said Gaultier was informed of her majesty's said instructions to her said plenipotentiaries ;" thereby falsely and traiterously informing and advising the said M. de Torcy by what means, and from what persons, he might have the knowledge of her majesty's said instructions, contrary to the duty of his allegiance, and the laws and statutes of this realm. ARTICLE V. to his imperial majesty, for the recovery of the monarchy of Spain to the House of Austria, thereby to preserve a due balance of power in Europe: but also from her just resentments against the duke of Anjou, who then stiled himself king of Spain, and who, in defiance of her majesty's title to the crown, had acknowledged the Pretender as king of Great Britain, and, on these just foundations, her majesty had, in vindication of the honour of the crown, and injustice to her people, at a vast expence of blood and treasure, and on the earnest and "That whereas the States General of the United Provinces were, in or about the months of September or October in the year of our Lord 1712, in possession of the strong and important town and fortress of Tournay; and whereas the French king had, during the course of the said private, separate, and traiterous negotiation between him the said Henry viscount Bolingbroke and others, and the ministers of France, signified his consent to the ministers of Great Britain, that the said town and fortress of Tournay should remain to the said States General as part of their barrier: and whereas her majesty, in her instructions of December the 23d 1711, to her plenipotentiaries at Utrecht, had expressly directed them to insist with the plenipotentiaries of France, in the general congress, "That, towards forming a sufficient barrier for the States General, Tournay should remain to their High Mightinesses ;" and did afterwards declare herself conformably thereto, in a speech to both Houses of Parliament, on the 6th of June 1712, in which she communicated to them the terms whereon a peace might be made, and whereas, for several years before and till the said months of September and October in the year of our Lord 1712, there was open war between her late majesty and the French king, and, the said war continuing, foring, and adhering, and in confederacy and comall the said time and afterwards, the said French king and his subjects were enemies to her majesty; he the said flenry viscount Bolingbroke, then being one of her majesty's principal secretaries of state and of her privy council, and a subject of her said majesty, not considering the duty of his allegiance, but having altogether withdrawn the cordial love and true and due obedience which every true and faithful subject owed to her said majesty, and designing to give aid and succour and to adhere to the said French king, against her said majesty, did, in or about the months of September or October 1712, during the said war, falsely, maliciously, wickedly, and traiterously, aid, help, and assist, and adhere to,the said French king, then an enemy to her late majesty, against her said majesty and, in execution and performance of the said aiding, assisting, and adhering, maliciously, falsely, and traiterously, did counsel and advise the said enemy, in what manner, and by what methods, the said important town and fortress of Tournay, then in possession of the States General, might be gained from them to the French king, contrary to the duty of his allegi repeated advices of her parliament, prosecuted a vigorous war against the said duke of Anjou; and whereas, in the years of our Lord 1710, 1711, and 1712, the said open, bloody, and expensive war was carried on, between her said late majesty queen Anne and the said duke of Anjou; and, during all the time aforesaid, the said war did continue, and for all that time the said duke of Anjou and the subjects of Spain adhering to him were enemies of her late majesty; he the said Henry viscount Bolingbroke, then being one of her majesty's principal secretaries of state and of her privy council, and a subject of her said majesty, not considering the duty of his allegiance, but having withdrawn his true obedience from her said late majesty, did at several times, in the years of our Lord 1710, 1711, and 1712, falsely, maliciously, wickedly, and traiterously, aid, help, and assist, and adhere to the said duke of Anjou, then an enemy to her said late majesty, against her said majesty; and in execution and per formance of his said aiding, helping and assist ance, and the laws and statutes of this realm. : bination with the then enemies of her late ma jesty, and with divers other wicked and evildisposed persons, did, at several times, in the years aforesaid advise and counsel the enemies of her late majesty against her said majesty; and, in such counselling and advising, did concert with them, and did promote the yielding and giving up Spain and the West-Indies then in ernity with her majesty, against the or some part thereof, to the said duke of Anjou duty of his allegiance, and the laws and statutes of this realm. "All which crimes and misdemeanors were committed and done by him the said Henry viscount Bolingbroke, against our late sovereign lady the queen, her crown and dignity, the breach of the several trusts reposed in him peace and interest of this kingdom, and in the said viscount; and he the said Henry viscount Bolingbroke was one of her majesty's principal secretaries of state, and one of her privy council, during the time that all and every the crimes before set forth were done and com itted 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, impeach the said Henry viscount Bolingbroke of high treason, and other high crimes and misdemeanors, in the said Articles contained. |