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995] 2 GEORGE I. Proceedings against Viscount Bolingbroke, [996 his said late majesty king William the third and taries of state, and of her most honourable priry the States General, it was, among other things, council ; but having entered into a most treaexpressly agreed, • That when the war is be- cherous confederacy with the ministers and

gun, the said confederates shall act in concert emissaries of France, to frustrate the just hopes according to the 7th and 8th Articles of the and expectations of her majesty and ber people, • Treaty of the 3rd of March, 1677-8, hetween by disuniting the confederacy at the most criti• England and Holland ; and that no peace nor cal juncture, when they were ready to reap the

truce or suspension of arms shall be nego- fruits of so many triumphs over the common • ciated or made, but according to the 9th and enemy; and most wickedly intending, as far • 10th Articles of that Treaty ; by which it was as in bim lay, to enable the French king, so

agreed, that when the allies came once to exhausted and vanquished as he had been on all open war, it shall be lawful for veither of occasions, to carry bis designs, by a peace glo"them afterwards to come to any cessation of rious to him, and to the ruin of the victorious arıns with bim who shall be declared and pro- allies, and the destruction of the liberties of all claimed an enemy, without it be done con- Europe; and having no regard to the solemn jointly and with common consent; and that treaties her majesty then stood engaged in, nor no negociation of peace shall be set on foot by to the honour or safety of these kingdoms; did,

one of the allies without the concurrence of in or about the months of July or August in the • the other; and that each ally shall continual- year of our Lord, 1711, maliciously and wick. • ly, and from time to time, impart to the other edly form a most treacherous and pernicious

every thing that passes in the said negocia contrivance and confederacy, with other evil(tion and in and by a Treaty entered into and disposed persons, then also of her majesty's concluded in or about the month of June, 1703, privy council, to set on foot a private, separate, between her late majesty queen Anne, of ever. dishonourable and destructive negociation of blessed memory, and the States General, it was, peace between Great Britain and France, witbamong other things, agreed, that all treaties out any communication thereof to her majes

. and alliances then subsisting between them ty's allies, according to their said several trea. should be renewed and confirmed :' and where- ties : and was not only wanting in his duty and as a long, bloody, and expensive war had been trust to her majesty, by not opposing, and, as carried on, by her late majesty, in conjunction far as was in his power, by not advising ber with her said allies and other confederate majesty against going into any private separate princes, against France and Spain, as well in negociation with France; but, in execution of resentment of the indignity offered to these bis purposes aforesaid, he the said Henry viskingdoms, by their having acknowledged the count Bolingbroke did advise her late majesty Pretender king of these realms, as for obtaining to send Maithew Prior, esq. directly to ibe a just satisfaction to bis imperial majesty, and court of France, to make propositions of peace, for the preservation of the Protestant religion, without communicating the same to her ma. and the balance and liberties of Europe ; and jesty's allies; and accordingly the said Matfrom the great successes with which it had thew Prior, by the advice and with the privity pleased Almighty God to bless the confederate of him the said Henry viscount Boliugbroke arms, they had just reason to hope for an ho- and other false and evil counsellors, in or about nourable, good, safe and lasting peace; and al- the months of July or August, in the year of though the French king was encouraged, in or our Lord 1711, was sent in a clandestine man. about the month of April, 1711, to make propo- ner from England to France, and did comma. sitions of peace to her late majesty, signed by nicate the said propositions of peace to the miM. de Torcy, bis secretary of state, which her nisters of France ; in which the particular insaid majesty having pleased to communicate to terests of Great Britain, as well as the common the ministers of the States General; she did, interest of Europe, were shamefully betrayed; however, graciously declare, by Henry vis- and, in manifestation of his design to es. count Bolingbroke, then Henry St. Johó, esq. clude her majesty's allies from their just sbare and one of her principal secretaries of state, ber in the said negociation, an express Article was sentiments to them, that the said propositions inserted in the said propositions, by the privity • were too general; and, at the same time, the and advice of him the said Henry viscount Bosaid viscount did, in her majesty's pame, and lingbroke, that the secret should be inviola. by her special command, give them her utmost bly kept, till allowed to be divulged by the and most solemn assurances, Thal in making mutual consent of both parties;' althougla

peace, as in making war, she would act in the French king had, in the propositions signperfect concert with them ;' in which senti. ed by M. de Torcy, and transınitted in the ments the States concurring with her majesty, month of April preceding, offered to treat with reciprocal assurances of mutual confidence, so the plenipotentiaries of England and Holland necessary to prevent the designs of the enemy, alone, or jointly with those of the allies, at the were returned by them to her majesty; notwith choice of England; by which treacherous and standing which

dangerous advice, he the said Henry viscount ARTICLE I.

Bolingbroke did not only contrive and set on

foot a negociation of peace, more advantageous “ He the said Henry viscount Bolingbroke, to France than ever France itself had asked; then being one of her majesty's principal secre- but thereby did put it into the power of the

common enemy, to create incurable jealousies veral years before, and till the said month of and discords between her majesty and her October 1711, there was open war between ber faithful allies, and to destroy that confidence late majesty and the French king; and, the which had so long and so successfully been said war continuing, for all the said time and cultivated between them, and which was so ne- afterwards, the French king and his subjects cessary for their common safety.

were enemies to her late majesty; he the said ARTICLE JL.

Henry viscount Bolingbroke, being then one of

her majesty's principal secretaries of state and “ That the French king baring in or about one of her majesty's privy council, and a subthe months of August or September 1711, with ject of ber said majesty, not considering the the privity, and by the contrivance, of the said duty of his allegiance, but having altogether viscount Bolingbroke and others, sent over M. withdrawn the cordial love, and true and due Mesnager into England, to carry on a separate obedience, which every true and faithful suband clandestine negociation of peace ; be theject owned to her said majesty, and designing said Henry viscount Bolingbroke did after- to give aid and succour and to adhere to the wards, in the said month of September, 1711, said French king against her said majesty; or thereabouts, secretly and unlawfully, and did, on or about the 2d of October, 1711, darwithout any colour of authority, meet, confer, ing the said war, falsely, wickedly, maliciously, and treat with the said Sieur Mesnager, on the and traitorously, aid, help, assist and adhere negociations of peace between Great Britain to, the said French king, and bis subjects, enes and France ; and therein did advise aod pro- mies to her said late majesty, against her said mote the making a private and separate treaty late majesty : and in execution and performor convention on the said subject of peace, be ance of his said aiding, and assisting and adhertween the said crowns, without any communi- ing, he did, on or about the 2d of October, 1711, cation thereof to her majesty's allies; and the falsely, maliciously, and traitorously disclose said Heory viscount Bolingbroke did after- and communicate her majesty's said instrucwards in violation of bis oath, and bigb trust, tions to her said ambassador; and was priyy falsely and treacherously advise her late ma to, and did advise, consent, or approve, that the jesty to siga powers to several persons, for same should be, and accordingly the same were, concluding, on her behalf, a pernicious and de- communicated and disclosed to the said Sieur structive treaty, or convention, on the said sub- Mesnager, a subject of the said French king, ject of peace with France; and, on or about and an enemy to her late majesty; and, in the said 27th of September, 1711, a dishonour further execution and performance of his said able, destructive and fatal treaty or convention aiding, assisting, and adhering, he the said was concluded and signed, by the said Sieur Henry viscount Bolingbroke did, in and by a Plesnager on the part of France, and by the letter, or writing, by him wrote to M. de earl of Dartmouth and the said viscount, being Torcy, on or about the said 2d day of October, then two of her majesty's principal secretaries 1711, disclose, communicate, and notify, or did of state and of her privy council, on the part of intend to notify, to M. de Torcy, a subject, mi. ber majesty, by virtue only of a warrant under nister, and secretary to the French king, and ber majesty's sign manual under the signet, an enemy to her late majesty,“ That the said directed to themselves, but not countersigned, Sieur Mesnager was fully ioformed of her ma. and without the least knowledge or participa- jesty's said instructions to the earl of Strafford;" tion of the allies; in which treaty, the imme. thereby falsely, maliciously, and traitorously, indiate interests of Great Britain are given up to forming and advising the said M. de Torcy, France; and, the duke of Anjou being therein from what person, and by what means he might admitted to remain king of Spain, the balance come to the knowledge of her majesty's said in. of power and the liberties of Europe were structions, contrary to the duty of his allegithrown into the hands of the House of Bourbon. ance and the laws and statutes of this realm. ARTICLE III.

ARTICLE IV. « That whereas her late majesty queen " That whereas ber late majesty queen Anne Anne did, in or about the 1st of October, 1711, did, in or about the month of December, 1711, in 0. S. give instructions to Thomas earl of Straf due form of law, under her great seal, constitute ford her ambassador to the States General of the right reverend John lord bishop of Bristol the United Provinces, to communicate to them and Thomas earl of Strafford ber plenipotencertain 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 plenipotenPlesnager 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 pur. • France 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 al• tion 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 negociations and conferences for a general | Great Britain, that the said town and fortress peace were opened between them, at Utrecht, of Tournay should remain to the said States Geabout the months of January or February, 1711, neral as part of their barrier : and whereas her and the same continued till the 4th of March, majesty, in her instructions of December the 1711, and afterwards : and whereas, on the said | 230, 1711, to ber plenipotentiaries at Utrecht, 4th day of March, 1711, there was open war bad expressly directed them to insist with the between ber late majesty and the French king, plenipotentiaries of France, in the general conand the same having continued for several gress, “ That, towards forming a suficient baryears before, and at the same time and after- rier for the States General, Tournay should rewards: the said French king and his subjects main to their high mightinesses ;" and did afwere during all the said time enemies to ber said terwards declare herself conformnably thereanto, majesty and her subjects; be the said Henry in a Speech to both Houses of Parliament, on viscount Bolingbroke, then being one of her the 6th of June, 1712, in wbich she communimajesty's principal secretaries of state, and of cated to them the terms whereon a peace might her privy council, and a subject of her said ma- be made, and whereas, for several years before jesty, not considering the duty of his allegiance, and till the said months of September and Ocbut baving withdrawn his duty and obedience tober in the year of our Lord 1712, there was from ber said niajesty, and conspiring and con- open war between her late majesty and the federating with the enemies of her said majesty, French king, and, the said war continuing, for and the subjects of the said French king, to give all the said time and afterwards, the said French him aid and succour against her said inajesty, king and his subjects were enemies to ber madid, on or about the said 4th day of March, jesty ; be the said Henry viscount Bolingbroke, 1711, falsely, wickedly, and traitorously, ihen being one of her majesty's principal secreaid, comfort, assist, and adhere to, the said taries of state and of her privy council

, and a French king, against her said majesty; and subject of her said majesty, not considering the in execution and performance of his said aid- duty of his allegiance, but having altogether ing, assisting, and adhering, he the said viscount withdrawn the cordial love and true and due did, on or about the said 4th of March, 1711, obedience which every true and faithful subject falsely, maliciously, and traitorously, commu- owed to her said majesty, and designing to nicate and disclose her said majesty's then final give aid and succour and io adhere to the said instructions to ber said plenipotentiaries, relating French king, against her said majesty, did, in to the said negociations of peace; or was privy or about the months of September or October, to, and did advise and consent and approve 1712, during the said war, falsely, maliciously, that the same should be, and accordingly the wickedly, and traitorously, ail, help, and assist

, same were, communicated and disclosed to and adhere to, the said French king, then an exeabbot Gaultier, an agent and emissary of the my to her late majesty, against her said majesty; said French king, and an enemy of her said ma- and, in execution and performance of the said jesty; and, in further execution and perform- aiding, assisting, and adhering, maliciously, ance of bis said aiding, assisting, and adher- falsely, and traitorously, did counsel and advise ing, he the said Henry viscount Bolingbroke the said enemy, in what manner, and by what did, by a letter, or writing, wrote by bimself, on methods, the said important town and fortress or about the said 4th of March, falsely, malici- of Tournay, then in possession of the States ously, and traitorously, disclose, communicate, General, might be gained from them to the and notify, or did intend thereby to communicate French king, contrary to the duty of his allegi. and notify, to M. de Torcy, a minister, secre- ance, and the laws and statutes of this realm. tary of state, and subject of the said French

ARTICLE VI. king, and an enemy of her said majesty, “ That the said Gaultier was informed of her majesty's “ That w bereas her late majesty queen Anne, said instructions to her said plenipotentiaries;” not only in pursuance of the treaties she stood thereby falsely and traitorously informing and engaged in to her good allies, and in particolar advising the said M. de Torcy by what means, 10 bis imperial majesty, for the recorery of the and from what persons, he might have the monarchy of Spain to the House of Anstria, knowledge of her majesty's said instructions, thereby to preserve a due balance of power in contrary to the duty of his allegiance, and the Europe: but also from ber just resentments laws and statutes of this realm.

against the duke of Anjou, who then stiled ARTICLE V.

himself king of Spain, and wlio in defiance of

her majesty's title to the crown, had acknom. " That whereas the States General of the ledged the Pretender as king of Great Britain, United Provinces were, in or about the months aud, on these just foundations, ber majesty of September or October in the year of our bad, in vindication of the bonour of the crown, Lord 1712, in possession of the strong and im- and in justice to ber people, at a vast expence portant town and fortress of Tournay; and of blood and treasure, and on the earnest and whereas the French king, had, during the course repeated advices of her parliament, prosecuof the said private, separate, and traitorous ne- ted a vigorous war against the said duke of gociation between hit the said Henry viscount Anjou ; and whereas, in the years of our Bulingbroke and others, and the ministers of Lord 1710, 1711, and 1712, the said open, France, signified bis consent to the ministers of bloody, and expensive war was carried on, be

1001]
for High Treason.

tween her said late majesty queen Aone and the he put to answer all and every the premises ;
said duke of Anjou ; and, during all the time and that such proceedings, exaininations, trials,
aforesaid, the said war did continue, and for all and judgments, may be upon them, and every
that time the said duke of Anjou and the sub- of them, had and used, as shall be agreeable to
jects of Spain adhering to him were enemies law and justice: and they do further pray and
of her late majesty ; be the said Henry viscount demand, that the said Henry viscount Boling-
Bolingbruke, then being one of her majesty's broke may be sequestered from parliament, and
principal secretaries of state and of her privy torthwith committed to safe custody.'
council, and a subject of her said majesty, not
considering the duty of his allegiance, but having mons, that after diligent search and enquiry

August 9. The Lords acquainted the Com-
withdrawn his true obedience from her said late after 'lord Bolingbroke, be could not be found;
majesty, did at several times, in the said years of and thereupon the Commons ordered in a Bill
our Lord 1710, 1711, and 1712, falsely, malici-
ously, wickedly, and traitorously, aid, help,

lo summon bim to render himself to justice by assist, and adhere to the said duke of Anjou, of, to attaint him of bigla treason.

a day thereio to be limited, or in default there then an enemy to her said late majesty, against her said majesty; and in execution and per- On the next day, August the 10th, Mr. Walformance of his said aiding, helping and assist pole presented the Bill, which was read a first ing, and adhering, and in confederacy and com- time on the morrow it was read a second bipation with the then enemies of her late ma- time; on the 19th passed through the come jesty, and with divers other wicked and evil. rnittee; on the 13th, the report was received; disposed persons, did at several times, in the on Monday, the 15th, it was read a third years aforesaid, advise and counsel the enemies time, and passed by a majority of 98 against of her late majesty against her'said majesty ; 23, and sent to the Lords. By them it was and, in such counselling and advising, did con- read a first time that same day, aud a second cert with them, and did promote the yielding time on the morrow. On the 18th (after some and giving up Spain and the West-Indies obstruction by a motion to enquire whether lord or some part thereof, to the said duke of Anjou Bolingbroke had been summoned, and in what then in enmity with her majesty, against the manner) it went through the Committee, and duty of his allegiance, and the laws and statutes the same day it was passed; the following Proof this realm.

test being entered against it: « All which Crimes and Misdemeanors were “ Dissentient, committed and done by bim the said Henry « 1st, Because we cannot give our consent viscount Bolingbroke, against our late sovereign to the affirming, that the lord to be attainted by Jady the queen, her crown and dignity, the this Bill is fled from justice, being known to peace and interest of this kingdom, and in have left England before he was impeached in breach of the several trusts reposed in him parliament; nor does it appear to us, that the the said viscount; and he the said Henry vis- lord so impeached has had any summons to recount Bolingbroke was one of her majesty's turn, or legal notice, by proclamation or otherprincipal secretaries of state, and one of her wise, of the charge brought up against bim. privy conncil, during the time that all and “ 2dly, Because no particular proofs have every the crimes before set forth were done been laid before tbe House of any bigh treaand committed."

son, or other high crimes or misdemeanors with To which, after inserting as an amendment which he stands charged: nor bas any evidence after 6 majesty,” the words of ever-blessed been given to this House of his adhering to the memory,” the House agreed.

king's enemies; or being concerned in any

traitorous design since he left England, August 6. The following Clause was added

3dly, Because the time prescribed for his to the Articles of Impeachment:

return is much shorter than what has been al“ For which matters and things, the knights, lowed to persons in like circumstances of supcitizens, and burgesses of the House of Com: posed guilt, thongb of far meaner condition mops, in parliament assembled, do, in the name and character; nor do we know or believe, of themselves and of all the Commons of Great that there is any instance of any person whatBritain, impeach the said Henry viscount Bo- soever, who was out of the kingdom at the lingbroke of High Treason, and other High time of bis being impeached in parliament, Crimes and Misdemeanors, in the said Articles who has not bad a longer day assigned for his contained. And the said Commons, by protesta- return, before he was to stand and be adjudged tion, saving to themselves the liberty of exbi- attainted, or actually incur any other high paips biting, at any time hereafter, any other accu- and penalties inflicted by act of parliament. sations or impeachments against the said Henry " And we think such allowance of a lopger viscount Bolingbroke, and also of replying to day, in the case of attainders by parliament, to the answers which the said Henry viscount be much the more reasonable, as it is agreeable, Bolingbroke shall make to the premises, or any pot only to parliamevtary usage, but to the of them, or to any impeachment or accusation methods of common law, in all cases of outthat shall be by them exbibited, according to lawry, whereby more months are allowed to the the course and proceedings of parliament; do most notorious traitor (known to be fled from Pray, that the said Henry viscount Bolivybroke justice) for his coming io, betore his outlawry can be recorded, than this act allows weeks, to opposed by Walpole, to disable Bolingbroke the lord impeached, for his returning before bis from sittiog in either House of Parliament, or attainder takes place.--Fran. Cestriens. (Gas- holding any office or place of trust or profit

trell), Scarsdale, Willoughby de Broke, under the king ; which was rejected, the Yeas Compton, Foley, Jersey, Strafford, Abing- being 84, the Noes 154. The other upon the don, Bathurst, Ashburnham, Weston, Ma- question for the Bill's passing, the Yeas being sham, Lansdowne, Clarendon, Fr. Roffen. 81, and the Noes 36. In the House of Lords (Atterbury.")

(who required the pardon of Bolingbroke to be This Bill, and that against the duke of Or. produced, and referred it to the judges); the mond, received the royal assent on August

20th. three protests; one upon the question for its

Bill was strongly opposed, and gave rise lo Some particulars respecting its progress, are noticed by Mr. Hatsell in the 4th volume of his commitment; one upon the question for its rePrecedents, title Impeachment, chap. 3.

commitment; and the third (upon May 24tb) on the question for its passing. The last is as

follows: In 1723, Bolingbroke obtained from George “ Dissentient, the First a pardon, under the protection of 1. “ Because the purport and intention of which he immediately returned to England, this Bill is to repeal several acts of parliament and upon his journey was at Calais at the same passed since his majesty's accession, whereby time with Atterbury, who was landed there all the estate and interest of the late lord Bounder his sentence of tanishment. The bishop lingbroke, in the lands mentioned in this Bill, exclaimed, “ We are exchanged." It is said being forfeited to the crown for bigb treason, Bolingbroke expected that the new parliament were vested in trustees, and still remain approwould reverse his attainder. This expectation, priated for the use and benefit of the public; however, by the intervention, as has been re- the value of which lands amount, as we believe, ported, of Walpole,* was frustrated. However to several thousand pounds per annum; we on April 20, 1725, Bolingbroke presented to therefore think it unjust to all the subjects of the House of Commons à Petition, praying this kingdom, who have borne many beary that leave might be given to bring in a Bill for taxes, occasioned, as we believe, in great meaenabling him and the heirs male of his body, sure, by the treasons committed, and the renotwithstanding his attainder, to take and en bellion which was encouraged by this person, joy the settled estate of his family, and for to take from the public the benefit of his forenabling bim to hold and enjoy personal estate feiture. or effects, and to invest the same in the pur- 2. “ It appears from the Articles of Im. chase of any real or personal estate within the peachment exhibited by the Commons against kingdom. To the presentation of this Petition, ine late Jord Bolingbroke, whereof he now Walpole, chancellor of the exchequer, signified stands attainted by act of parliament, that he the king's consent. On the same day, upon stood charged with the commission of several the question for leave to bring in a Bill accord- treasons of the most fagrant and dangerous ingly, the Yeas were 231, the Noes 118. The nature, committed by him wbilst be was secre

Bill was therefore brought in, but two divisions tary of state to her late majesty queen Anne, occurred upon it during its passage through for traitorously betraying her most secret coun. the House of Commons, one upon a motion cils to the king of France, then at war and in

enmity with her majesty; and with other * Yet Walpole's son (Catalogue of Royal treasons tending to destroy the balance of Eu; and Noble Authors) says of Bolingbroke, “ He rope, and to raise the then exorbitant power of wrote against the late king who had forgiven the French king, who not long before had pab. him; against sir Robert Walpole who did for- licly acknowledged the Pretender to be the give him; against the Pretender and the clergy, lawful and rightful king of these realms. who never will forgive him." Upon which a 3. “ The treasons wherewith be was charged, critic of the Monthly Review observes, “ That we conceive, were fully confessed by his fight Bolingbroke wrote against the king, who had from the justice of parliament; but bis guilt forgiven him, is certain ; but that he wrote was afterwards, as we think, indisputably de, against sir Robert Walpole, who did forgive monstrated by the new treasons he openly and him, we cannot admit. He wrote against sir avowedly committed against his present maRobert, because he did not forgive him; and jesty; is being notorious, and it having been because he prevented bis being restored to those declared to the House on the debate of this honuurs, which he wished to recover. That Bill, that he did, soon after his flight, enter sir Robert was implacable against him, appears publicly into the councils and services of the from a speech, which he made in the House, Pretender, who was then fomenting and carry. and which he concluded with the following im- ing on a rebellion within these kingdoms for the precation : . May his attainder never be re- dethroning his majesty, into which rebellion versed, and may his crimes never be for many of his majesty's subjects, as well peers as

Monthly Rev. vol. 19, p. 567, as commoners, were drawn, as we believe, by the cited in a Note to Walpole’s Catalogue, edition example or influence of the late lord Buling, of 1806. See, too, Coxe's Memoirs of sir Ro- broke ; and for which treason many peers and bert Walpole,

commoners have been since attainted, and

gotten ! »

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