taries 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 months of July or August in the 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 3rd of March, 1677-8, hetween • England and Holland; and that no peace nor truce or suspension of arms shall be negociated 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 pro' claimed an enemy, without it be done conjointly and with common consent; and that no negociation of peace shall be set on foot by one of the allies without the concurrence of 'the other; and that each ally shall continual-year of our Lord, 1711, maliciously and wickly, and from time to time, impart to the other every thing that passes in the said negocia<tion:' and in and by a Treaty entered into and concluded in or about the month of June, 1703, between her late majesty queen Anne, of everblessed memory, and the States 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 successes 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, esq. and one of her principal 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 her utmost and most solemn assurances, That in making peace, as in making war, she would act in 'perfect concert with them;' in which senti ments the States concurring with her majesty, reciprocal assurances of mutual confidence, so necessary to prevent the designs of the enemy, were returned by them to her majesty; notwith-choice of England; by which treacherous and standing which, ARTICLE I. "He the said Henry viscount Bolingbroke, then being one of her majesty's principal secre edly form a most treacherous and pernicious contrivance and confederacy, with other evildisposed persons, then also of her majesty's privy council, to set on foot a private, separate, dishonourable and destructive negociation of peace between Great Britain and France, without any communication thereof to her majesty's allies, according to their said several trea ties: 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 negociation with France; but, in execution of his purposes aforesaid, he the said Henry viscount Bolingbroke did advise her late majesty to send Matthew Prior, esq. directly to the court of France, to make propositions of peace, without communicating the same to her ma jesty's allies; and accordingly the said Mat thew 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 man ner from England to France, and did commu nicate 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 design to ex clude her majesty's allies from their just share in the said negociation, an express Article was inserted in the said propositions, by the privity and advice of him the said Henry viscount Bolingbroke, that the secret should be inviola bly kept, till allowed to be divulged by the mutual consent of both parties; although the French king had, in the propositions signed by M. de Torcy, 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 allies, at the dangerous advice, he the said Henry viscount Bolingbroke did not only contrive and set on foot a negociation 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 common safety. ARTICLE IL. veral years before, and till the said month of October 1711, there was open war between her late majesty and the French king; and, the said war continuing, for all the said time and afterwards, the French king and his subjects were enemies to her late majesty; he the said Henry viscount Bolingbroke, being then one of her majesty's principal secretaries of state and one of her majesty's 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 owned to her said majesty, and designing to give aid and succour and to adhere to the said French king against her said majesty.; did, on or about the 2d of October, 1711, during the said war, falsely, wickedly, maliciously, and traitorously, aid, help, assist and adhere to, the said French king, and his subjects, enemies to her said late majesty, against her said late majesty and in execution and performance of his said aiding, and assisting and adhering, he did, on or about the 2d of October, 1711, falsely, maliciously, and traitorously disclose and communicate her majesty's said instructions to her said ambassador; and was privy to, and did advise, consent, or approve, that the same should be, and accordingly the same were, communicated and disclosed to the said Sieur : "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, between 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 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 Mesnager 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, miber majesty, by virtue only of a warrant under nister, and secretary to the French king, and her 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 informed of her maand without the least knowledge or participa-jesty's said instructions to the earl of Strafford;" tion 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 hands of the House of Bourbon. ARTICLE III. "That whereas her late majesty queen Anne did, in or about the 1st of October, 1711, | O. S. give instructions to Thomas earl of Strafford her ambassador to the States General of the United Provinces, to communicate to them certain propositions of peace, which had been contrived and concerted between the said Sieur Mesnager and the said viscount and others, intituled, Preliminary Articles on the part of 'France to come to a general peace, together ⚫ with her majesty's sentiments and resolutions ⚫ thereupon; and also her majesty's further and ⚫ particular resolutions concerning the prosecution and carrying on the war against France and Spain, in case the States were desirous to ⚫ carry on the said war:' And whereas, for se thereby falsely, maliciously, and traitorously, informing and advising the said M. de Torcy, from what person, and by what means he might come to the knowledge of her majesty's said instructions, contrary to the duty of his allegiance and the laws and statutes of this realm. ARTICLE IV. "That whereas her late majesty queen Anne did, in or about the month of December, 1711, in due form of law, under her great seal, constitute the right reverend John lord bishop of Bristol and Thomas earl of Strafford her plenipotentiaries, with full powers and instructions, to meet, treat, and conclude, with the plenipotentiaries of her allies, and those whom the French king should on his part depute for that purpose, the conditions of a good and general peace; and whereas his imperial majesty, their high mightinesses the States General of the United Provinces, and other her majesty's allies, and the French king, having duly constituted and appointed their several and respective plenipotentiaries for the purposes aforesaid, the | Great Britain, that the said town and fortress of Tournay should remain to the said States General as part of their barrier: and whereas ber 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 bar main to their high mightinesses;" and did afterwards declare herself conformably thereunto, 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, for all the said time and afterwards, the said French king and his subjects were enemies to her 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 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 traitorously, aid, help, and assist, and adhere to, the said French king, then an ene my to her late majesty, against her said majesty; and, in execution and performance of the said aiding, assisting, and adhering, maliciously, falsely, and traitorously, 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 ance, and the laws and statutes of this realm. negociations and conferences for a general peace were opened between them, at Utrecht, about the months of January or February, 1711, and the same continued till the 4th of March, 1711, and afterwards: and whereas, on the said 4th day of March, 1711, there was open war between her late majesty and the French king, and the same having continued for several years before, and at the same time and after-rier for the States General, Tournay should rewards: the said French king and his subjects were during all the said time enemies to her said majesty and her subjects; 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 duty and obedience from her said majesty, and conspiring and confederating with the enemies of her said majesty, and the subjects of the said French king, to give him aid and succour against her said najesty, did, on or about the said 4th day of March, 1711, falsely, wickedly, and traitorously, aid, comfort, assist, and adhere to, the said French king, against her said majesty; and in execution and performance of his said aiding, assisting, and adhering, he the said viscount did, on or about the said 4th of March, 1711, falsely, maliciously, and traitorously, communicate and disclose her said majesty's then final instructions to her said plenipotentiaries, relating to the said negociations of peace; or was privy to, and did advise and consent and approve that the same should be, and accordingly the same were, communicated and disclosed to abbot Gaultier, an agent and emissary of the said French king, and an enemy of her said majesty; and, in further execution and performance of his said aiding, assisting, and adhering, he the said Henry viscount Bolingbroke did, by a letter, or writing, wrote by himself, on or about the said 4th of March, falsely, maliciously, and traitorously, disclose, communicate, and notify, or did intend thereby to communicate and notify, to M. de Torcy, a minister, secretary of state, and subject of the said French king, and an enemy of her said majesty, "That the said Gaultier was informed of her majesty's said instructions to her said plenipotentiaries;" thereby falsely and traitorously 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. "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 traitorous negociation between him the said Henry viscount Bolingbroke and others, and the ministers of France, signified his consent to the ministers of ARTICLE VI. "That whereas her late majesty queen Anne, not only in pursuance of the treaties she stood engaged in to her good allies, and in particular to his imperial majesty, for the recovery of the monarchy of Spain to the House of Anstria, 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 acknow ledged the Pretender as king of Great Britain, and, on these just foundations, her majesty bad, in vindication of the honour of the crown, and in justice to her people, at a vast expence of blood and treasure, and on the earnest and repeated advices of her parliament, prosecu ted 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, be tween her said late majesty queen Anne and the be put to answer all and every the premises; said duke of Anjou; and, during all the time and that such proceedings, examinations, 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; he the said Henry viscount demand, that the said Henry viscount BolingBolingbroke, then being one of her majesty's broke may be sequestered from parliament, and principal secretaries of state and of her privyforthwith committed to safe custody." 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 said years of our Lord 1710, 1711, and 1712, falsely, maliciously, wickedly, and traitorously, aid, help, 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 performance of his said aiding, helping and assist ing, and adhering, and in confederacy and combination with the then enemies of her late majesty, 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 or some part thereof, to the said duke of Anjou then in enmity with her majesty, against the 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 peace and interest of this kingdom, and in breach of the several trusts reposed in him 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 committed." To which, after inserting as an amendment after" majesty," the words "of ever-blessed memory," the House agreed. August 6. The following Clause was added to the Articles of Impeachment: August 9. The Lords acquainted the Commons, that after diligent search and enquiry after lord Bolingbroke, he could not be found, and thereupon the Commons ordered in a Bill On the next day, August the 10th, Mr. Walpole presented the Bill, which was read a first time: on the morrow it was read a second time; on the 12th it passed through the committee; on the 13th, the report was received; on Monday, the 15th, it was read a third time, and passed by a majority of 98 against 23, and sent to the Lords. By them it was read a first time that same day, and a second time on the morrow. On the 18th (after some obstruction by a motion to enquire whether lord Bolingbroke had been summoned, and in what manner) it went through the Committee, and the same day it was passed; the following Protest being entered against it: "Dissentient, "1st, Because we cannot give our consent to the affirming, that the lord to be attainted by this Bill is fled from justice, being known to have left England before he was impeached in parliament; nor does it appear to us, that the lord so impeached has had any summons to return, or legal notice, by proclamation or other wise, of the charge brought up against him. "2dly, Because no particular proofs have been laid before the House of any high treason, or other high crimes or misdemeanors with which he stands charged: nor bas any evidence been given to this House of his adhering to the king's enemies; or being concerned in any traitorous design since he left England. time of his being impeached in parliament, "3dly, Because the time prescribed for his 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, though of far meaner condition mons, 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 Crimes and Misdemeanors, in the said Articles contained. And the said Commons, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any other accusations or impeachments against the said Henry viscount Bolingbroke, and also of replying to the answers which the said Henry viscount Bolingbroke shall make to the premises, or any of them, or to any impeachment or accusation that shall be by them exhibited, according to the course and proceedings of parliament; do pray, that the said Henry viscount Bolingbroke "And we think such allowance of a longer day, in the case of attainders by parliament, to be much the more reasonable, as it is agreeable, not only to parliamentary usage, but to the methods of common law, in all cases of outlawry, whereby more months are allowed to the most notorious traitor (known to be fled from justice) for his coming in, before his outlawry Proceedings against Viscount Bolingbroke, [1004 can be recorded, than this act allows weeks, to opposed by Walpole, to disable Bolingbroke This Bill, and that against the duke of Or. In 1723, Bolingbroke obtained from George the First a pardon, under the protection of which he immediately returned to England, and upon his journey was at Calais at the same time with Atterbury, who was landed there under his sentence of banishment. The bishop exclaimed, "We are exchanged." It is said Bolingbroke expected that the new parliament would reverse his attainder. This expectation, however, by the intervention, as has been reported, of Walpole, was frustrated. However on April 20, 1725, Bolingbroke presented to the House of Commons a Petition, praying that leave might be given to bring in a Bill for enabling him and the heirs male of his body, notwithstanding his attainder, to take and enjoy the settled estate of his family, and for enabling him to hold and enjoy personal estate or effects, and to invest the same in the purchase of any real or personal estate within the kingdom. To the presentation of this Petition, Walpole, chancellor of the exchequer, signified the king's consent. On the same day, upon the question for leave to bring in a Bill accordingly, the Yeas were 231, the Noes 113. The Bill was therefore brought in, but two divisions occurred upon it during its passage through the House of Commons, one upon a motion *Yet Walpole's son (Catalogue of Royal and Noble Authors) says of Bolingbroke, "He wrote against the late king who had forgiven him; against sir Robert Walpole who did forgive him; against the Pretender and the clergy, who never will forgive him." Upon which a critic of the Monthly Review observes, "That Bolingbroke wrote against the king, who had forgiven him, is certain; but that he wrote against sir Robert Walpole, who did forgive him, we cannot admit. He wrote against sir Robert, because he did not forgive him; and because he prevented his being restored to those honours, which he wished to recover. That sir Robert was implacable against him, appears from a speech, which he made in the House, and which he concluded with the following imprecation: May his attainder never be reversed, and may his crimes never be forgotten!" Monthly Rev. vol. 19, p. 567, as cited in a Note to Walpole's Catalogue, edition of 1806. See, too, Coxe's Memoirs of sir Robert Walpole, question for the Bill's passing, the Yeas being 81, and the Noes 36. In the House of Lords produced, and referred it to the judges); the (who required the pardon of Bolingbroke to be three protests; one upon the question for its Bill was strongly opposed, and gave rise to commitment; one upon the question for its recommitment; and the third (upon May 24th) on the question for its passing. The last is as follows: "Dissentient, this Bill is to repeal several acts of parliament 1. "Because the purport and intention of passed since his majesty's accession, whereby all the estate and interest of the late lord Bolingbroke, in the lands mentioned in this Bill, being forfeited to the crown for high treason, were vested in trustees, and still remain appropriated for the use and benefit of the public; the value of which lands amount, as we believe, to several thousand pounds per annum; we therefore think it unjust to all the subjects of this kingdom, who have borne many heavy taxes, occasioned, as we believe, in great measure, by the treasons committed, and the reto take from the public the benefit of his forbellion which was encouraged by this person, feiture. peachment exhibited by the Commons against 2. "It appears from the Articles of Im the late lord Bolingbroke, whereof he now stands attainted by act of parliament, that he stood charged with the commission of several treasons of the most flagrant and dangerous nature, committed by him whilst he was secre tary of state to her late majesty queen Anne, for traitorously betraying her most secret coun cils to the king of France, then at war and in treasons tending to destroy the balance of Eu enmity with her majesty; and with other rope, and to raise the then exorbitant power of the French king, who not long before had publicly acknowledged the Pretender to be the lawful and rightful king of these realms. we conceive, were fully confessed by his flight 3. "The treasons wherewith he was charged, from the justice of parliament; but his guilt monstrated by the new treasons he openly and was afterwards, as we think, indisputably deavowedly committed against his present ma jesty; it being notorious, and it having been declared to the House on the debate of this Bill, that he did, soon after his flight, enter publicly into the councils and services of the Pretender, who was then fomenting and carrying on a rebellion within these kingdoms for the dethroning his majesty, into which rebellion many of his majesty's subjects, as well peers as commoners, were drawn, as we believe, by the example or influence of the late lord Boling broke; and for which treason many peers and commoners have been since attainted, and |
