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some of them executed, and their estates both tion on the debate of this Bill, we think, that real and personal become forfeited by their at- this Bill ought not to pass, because it may heretaindlers, and as yet continue under those for- after be construed, in some degree, to confeitures.
firm or countenance that pardon; and we are 4. We have not been informed of any par of opinion, that that pardon, though it may be ticular public services wbich this person hath legal as to the treasons committed by him performed to his majesty or this nation, since since bis attainder, yet so far as it may be conhis commission of the many high and danger strued, if that should be, to pardon or affect the ous treasons before-mentioned, and in case he act of attainder of the late lord Bolingbroke, or has done any, they must be of such a nature as the impeachment of the Commons, on which ought, in our opinions, to be rewarded in ano. that act is founded, it is a most dangerous viother manner than is provided by this Bill, and lation of the ancient rights and freedom of the for wbich, we think, the crown is otherwise kingdom, and will defeat the whole use and sufficiently enabled; and the sincerity of his effect of the impeachments by the Commons ; having quitted the interest of the Pretender which is, as we think, the chief institution, may, in our opinions, be justly suspected, he arising even from the constitution itself, for the dever having, as appears to us, throughout the preservation of the government, and for the atprogress of this Bill in both Houses, once sig- taining parliamentary justice; and tends, as Dified his sorrow for the treasons he had com. we conceive, to render the rights and judica. mitted; and if he had really abandoned that ture of this House, on impeachments and bills interest, his private intelligences or services, of attainder, vain and useless ; all which anwith regard to the interest or councils of the cient rights of both Houses, and of the subjects Pretender, cannot reasonably be supposed, in of this nation, were saved to them by the Reour opinions, to be of great value.
volution, and were intended, as we conceive, to 5. “ We think that no assurances which this have been for ever preserved to them in their person hath given, nor any services he can have full extent, by the act passed in the reign of performed since his commission of the treasons the late king William, of ever glorious meaforesaid, or any farther obligations be can mory, by which the crown of these realms is enter into, can be a sufficient security to his limited and settled on his present majesty and majesty, or the kingdom, against his future his issue, and in which act it stands declared, insincerity, which may happen, he having al- that no pardon under the Great Seal shall be ready so often violated the most solemn assur- pleadable to an impeachment of the Commons. ances and obligations, and in defiance of them 8. “ We are of opinion, that the power of having openly attempted the dethroning of bis dispensing mercy is an ancient inherent right majesty, and the destruction of the liberties of of the crown of these realms, and the exercise his country.
of it of great benefit to the people, when it is 6. “We think the services he may have wisely and properly applied; but it being in. performed, if any, ought not to be rewarded cumbent on us, in the vote we give for or either in the degree or the inanper provided by against passing this Bill, to judge between the this Bill, it having been found by experience, late lord Bolingbroke, and to consider the in cases of like nature, that the strongest as right and title he appears to us to have to the surances have afterwards proved deceitful ; for benefits of this Bill, and the concern, which, on which reason we conceive it to be unwise and the other side, the honour, interest and safety dangerous to give such rewards as cannot be of the king and his royal family, and the recalled, though the assurances should be whole kingdom, have, in our opinion, from the broke; and we believe it to be the known consequences of it, we think we cannot be policy and universal practice of wise govern- justified in our own thoughts, with regard to inents to keep the persons, claiming merit from the latter, or to our posterity, if we should such services as the late lord Bolingbroke can consent that this Bill should pass.-(Signed) possibly have performed since the commissions Bristol, Coventry, Onslow, Clinton, Lechof his treasons, dependent on the government mere,' for the continuance of those rewards.
7. “ The pardon of the late loril Boling- On the 31st of May, the Bill received the broke, under the Great Seal, having been com- Royal Assent, but Bulingbroke never recovered municated to the House, and under considera- bis Peerage,
453. Proceedings on an Impeachment and Act of Attainder, for
High Treason, against James Duke of Ormond: 1 & 2
On the 21st of June, 1715, the House of did, during the said war, falsely, maliciously, Commons resolved to impeach James duke of wickedly, and traitorously, aid, help, assist and Ormond for High-Treason, and other High adhere to, the said French king, against her Crimes and Misdemeanors, and referred it to the said late majesty; and, in execution of bis said Committee of Secrecy,t to draw up Articles of aiding, helping, assisting, and adhering, maliImpeachment and prepare evidence against ciously, falsely, and traitorously, contrary to him.
the duly of his allegiance, and the laws and
statutes of this realm, did, on or about the 20th Aug. 5. Mr. Walpole, from the Committee of day of May, 1712, send private intelligence and Secrecy, acquainting the House, that the com information to marshal Villars, then an enemy mittee bad, in obedience to the commands of to her said late majesty, and general of the the House, prepared Articles of Impeachment French king's army agaiost ber majesty and of High-Treason, and other High Crimes and her allies, of a march the army of her said maMisdemeanors, against James duke of Ormond; | jesty and of her allies was then going to make, which they had directed bim to report to the and of the design of the said army in making House ; which he read in his place, and after that march. wards delivered in at the clerk's table: Where they were once read throughout; and are as
ARTICLE II. follows; viz.
“ That whereas, in or about the month of
May, 1712, a traitorous design was carried on ARTICLES OF IMPEACHMENT OF High between Henry St. John esquire, then one of
Treason, AND Other High Crimes her said late majesty's principal secretaries of AND MISDEMEANOKS, AGAINST James ministers of France, to defeat the just expecta
state, and other evil-disposed persons, and the Duke or ORMOND.
tions of the great advantages over the common
enemy her majesty and the nation had then ARTICLE I.
reason to hope for, from the great superiority (That whereas James duke of Ormond, in of the confederate forces in the Netherlands ; or about the month of April, 1712, being ap- to obtain which, very large sums of money had pointed general of the forces in the Nether. been cheerfully contributed by parliament ; lands of her late majesty queen Anne, with and to that end the said Henry St. John had orders to prosecute the war against France given secret assurances to the French miniswith all possible rigour, in conjunction with ters, That her najesty's general in the Neher said majesty's allies; and having, by her therlands, though under the most solemn en: said majesty's directions, and in her name, gagements to act vigorously in concert with given ber said allies the most solemn assur. the allies, should not act against France;' and ances to that purpose, was thereupon admitted had also engaged the said duke of Ormond to into the councils, and made privy to the most concur in the said wicked purpose ; which eril secret designs, of the generals of the confede practices of the said Henry St. John and others
, rate army against the common enemy, and of when they were first suspected, giving the the measures they thought the most proper to greatest alarm to the ministers of the allies
, carry on the war with success : and whereas, the parliament, and to the whole kingilom, and in the said year 1712, the said war was carried being thereupon openly disavowed and denied on between her said late majesty queen Anne by all the conspirators in the most public man. and the said French king; and during all the said ner; he the said James duke of 'Ormond, in year the war did continue, and for all that time order to disguise and conceal from her said late the said French king and his subjects were ene majesty and the whole kingdom the said trai; mies of her late majesty, he the said James duke torous designs, then carrying on by the said of Ormond, then general of her majesty's army, Heory St. John and other false traitors to her and a subject of ber majesty, not considering majesty and their country, in aid and comfort the duty of bis allegiance, but having with of the French king, then in open war with, and drawn his true and die obedience from her said an enemy of her said majesty, did, by his leiter late majesty, and affection from his country, of the 25th of May, 1712, to the said Henry St.
John, then her majesty's principal secretary of See in this same year the Cases of lord state, called bis public letter, becanse prepared Bolingbroke, lord Strafford, and lord Oxford. and intended to be read before her said ma
+ See the Report of this Committee in the jesty and her council, wickedly, falsely and Parliamentary History, as referred to in lord treacherously, abuse and impose upon her said Oxford's Case.
late majesty and her council, by affirming and
declaring therein, That, if he found an op- of the States General, to raise the siege of
portunity to bring the enemy to a battle, he Quesnoy, a French town then besieged by should not declive it;' although, by a private them; and did then further, traitorously and letter writ by the said James duke of Ormond, wickedly, refuse to act any longer against of the same date, and to the said Henry St. Fraoce; and then also, traitorously and wickJobo, designed to be read by the said Henry edly, told the said generals of the said confeSt. John and the said conspirators only, he derate forces, and the said States' deputies, the said James duke of Ormond, did on the · That he could no longer cover the siege of contrary, wickedly promise and engage, " That • Quesnoy; but was obliged, by his instruc• he would not attack or molest the Frencbtions, to march off with the queen's troops, army, or engage in any siege against Frauce.' • and those in her majesty's pay;'. Whereas
in truth, and the Commons expressly charge, ARTICLE III.
that he the said James duke of Ormond did “That he the said James duke of Ormond, traitorously and wickedly make the said dein or about the month of June, 1712, being at claration, and refused to act against France, in that time general of her majesty's forces against manifest contradiction not only to his said oriFrance, and a subject of her said majesty, not gipal orders, but also of the said letter to bim of considering the duty of bis allegiance, but the 7th of June from the said Henry St. John; having altogether withdrawn the cordial love since none of the articles demanded by her maand due obedience which every faithful subject jesty for a cessation of arms, and expressed in owed to her said majesty, and devoting himself the said letter to be the conditions without to the service of France, and designing to give which no cessation of arms was to be made, aid and comfort to the French king and his had been complied with by France. And, in subjects, then in open war with, and enemies to further execution of his said traitorous designs, her said late majesty, in violation of the many he the said James duke of Ormond, by a letter treaties of alliance between Great Britain and to the said marsbal Villars on the 25th of June several other princes and states, for carrying aforesaid, did trajtorously and wickedly send on the war against France, and of the said late intelligence to the said marshal Villars of the queen's instructions to him, on or about the 7th before mentioned passages between him the of April, 1712, under the sign manual; in pur- said James duke of Ormond, and the generals suance thereof, and of the solemn declarations of the confederate army and the States depube bad but lately before, by her said majesty's ties, and how his propositions were received by command, and in her name, made to the pen them; and also of the disposition be observed sionary of Holland and the generals of the con- in the foreign troops to adhere to the said confefederate army, to push on the war with all pos- derates, in case of a separation by the troops of sible vigour; and also in open and manifest Great Britain. violation of the last orders sent to him in a let
ARTICLE IV: ter from the said Henry St. John, on or about the 7th of June, 1713, whereby he the said " That he the said James duke of Ormond James duke of Ormond was directed, To make did not only wickedly and falsely affirm to the 'no cessation of arms with the French, unless generals of the confederate army and the States'
the articles demanded by her majesty, and deputies, • That_bis said refusal to act any • expressly mentioned and set down in the said longer against France, and to cover the siege ' letter, as the conditions for the said cessation, of Quesnoy, was in pursuance of instructions should be complied with by France;' and • he had received for that purpose ;' but also, whereby he the said James duke of Ormond to induce the said generals of the confederate was likewise further expressly directed and told, army and the States' deputies to comply with • That in case the conditions therein mentioned his proposal to them to abandon the said siege ; • were not complied with by France, that then be the said James duke of Ormond did wicka • he was entirely free from restraint, and at edly represent their compliance therein as the • liberty to take all reasonable measures in his most effectual way to induce her said late ma
power, for annoying the enemy, and at full jesty to take care of the said confederates' in• liberty of acting against France ; did, on or terest at the peace; whereby be the said James about the 25th of June, aforesaid, falsely, ma- duke of Ormond did, in effect, threaten her liciously, wickedly, and traitorously, aid, help, said majesty's good friends and allies, • That, assist, and adbere to the French king against unless they would dishonourably abandon an ber said late majesty, and then in open war enterprise undertaken by common consent, with her majesty'; and, in execution of his said and thereby save a strong fortress and a nuaiding, helping, assisting, and adhering, and merous garrison of the enemy, they were not in pursuance of a wicked promise he had se- • to expect that her majesty would take care of cretly made the same day to marshal Villars, • their interests at the general peace.' general of the French army, to that purpose,
ARTICLE V. maliciously, falsely, and traitorously, contrary to the duty of his allegiance and the laws and " That he the said James duke of Ormond statutes of this realm, did advise, and endea- having received a letter, dated on or about the voor to persuade, the generals of the confe- 14th of July, 1712, from the said marshal Vil. derate army against France, and the deputies lars the French general, desiring . To be inVOL. XV.
formed what troops remained with the confe- of themselves, and of all tbe Commons of derate army, or what troops and generals Great Britain, impeach the said James duke marched off from them with bim the said of Ormond of High Treason, and other High * duke : 'and declaring at the same time, that Crimes and Misdemeanors in the said Articles
the reason of that inquiry was in order to fall contained : And the said Commons, by pro. upoo and attack the said confederate army ;' testation, saving to themselves the liberty of be the said James duke of Ormond, on or exbibiting, at any time hereafter, any other about the 16th day of July 1712, did traitor. accusations or impeachments against the said ously, and wickedly, contrary to the duty of a James duke of Ormond; and also of replying true and faithful subject, and contrary to his to the Answers which the said James duke of allegiance and the laws and statutes of this Ormond shall make to the premises, or any of realm, aid, help, assist, and adhere to, the them, or to any impeachment or accusation said French king and his subjects, against her that shall be by them exbibited, according to said late majesty, and then in open war with, the course and proceedings of parliainent ; do and enemies to, her said late majesty; and, in pray, that the said James duke of Ormond be execution of his said aiding, belping, assisting, put to answer all and every the premises; and and adhering, be the said James duke of Or that such proceedings, examinations, trials, mond on or about the said 16th day of July, and judgments may be, upon them, and every 1712, did traitorously send secret intelligence of them, bad and used, as shall be agreeable to the said marsbal Villars, the geveral of the to law and justice: And they do further pray French army, of the number of the troops and demand, that the said James duke of Orthat had left the said confederate army, and mond may be sequestered from parliament, and also of the march the said confederate army forthwith commiited to safe custody.” had that morning made.
The Lords acquainted the Commons that “ And whereas he the said James duke of diligent search and enquiry had been made Ormond bad received advice that the States after the duke of Ormond, but that he was General, in or about the month of October, not to be found, whereupon the Commons 1712, had formed a design to surprise and take ordered in a Bill to summon bim to render bim. the towns of Nieuport and Furnes, or one of self to justice by a day therein to be limited, them, then in he possession of the French or in default thereof, to attaint him of High king: that he the said James duke of Ormond,
Treason. intending to strengthen the hands of the
On the next day, August 11tlı, Mr. Secrecommon enemy, by defeating the said enter- tary Stanhope presented such Bill, which on prize, did, on or about the 21st day of October, that day was read a first time: On the morrow 1712, in a letter to the said Henry St. John, a second time: On the next day was como then viscount Bolingbroke, wickedly aud basely mitted. On Monday the 15th, the Report was suggest to and advise her said late majesty to received, and on Tuesday the 16th the Bill was send secret intelligence of, and to betray, the read a third time ; passed by a majority of 94 said counsels and desigus of her good and faith against 22, and sent to the Lords. ful allies the States General, to the French king, then in the war with, and an enemy to, her By the Lords, it was on that same day read majesty; and did further wickedly and shame- a first time, on the 18th a second time. fully suggest the means of putting the said treachery in execution, by giving private in
On this day a Petition of the duchess of CTtelligence of the design to the said marshal mond was presented to the House, praying (in Villars.
consideration of the duke's being beyond sea, “All which Crimes and Misdemeanours and of the difficulty and uncertainty of apwere committed and done by him the said James prising him of the provisions of the Bill) that duke of Ormond, against our late sovereign beyond the day fixed by the Bill, viz, the 10th
the time for his surrender should be enlarged lady the queen, her crowu and dignity, the peace and interest of this kingdom, and in of September. The Petition was ordered to breach of the several trusts reposed in him the lie on the table; and the Bill was forthwith said duke: and be the said James duke of Or- committed, reported, read a third time, and mond was general of her majesty's forces in passed. * the Netherlands, and one of her privy council, Against this Bill protested, without reasons, during the time that all and every the crimes Geo. Bristol ; and “ For the reasons given before set forth were done and committed.” To which the House agreed; and on the well
, Ireton, and Pride was read a first and se
• The Bill for attainting Bradshaw, Cromnext day, the House agreed to the following cond time on the day of its presentation ; upon additional clause:
the suggestion of Prynn," because the traitors “ For wbich matters and things, the knights, beretofore read their act for the trial of the citizens, and burgesses, of the House of Com- king twice together.” See 4 Hatsell's Premons, in parliament assembled, do, in the name cedents, p. 221, note.
against the Bill, intituled, An Act for the At- This Bill, with that against Bolingbroke, retainder of Henry viscount Bolingbroke of High ceived the royal assent on August 20tb. Treason ; unless he shall render bimself to jus. tice by a day certain, therein mentioned.-
Scarsdale, Willoughby de Broke, Comp- The rest of Ormond's life was passed abroad ton, Foley, Geo. Bath and Well. (Hooper), in adherence to the Pretender. Fr. Roffen. (Atterbury) Fran. Cestriens. (Gastrell) Strafford, Abingilon, Bathurst, There is a curious anecdote of an interview Ashburuham, Weston, Masham, Lans- between Ormond and Oxford, presently before downe, Clarendon.”
the flight of the former.
454. Proceedings on an Impeachment of Thomas Earl of STRAF
FORD, for High Crimes and Misdemeanors : 1 & 2 GEORGE I.
A. D. 1715.* On the 22nd of June, 1715, the House of tion and alliance amongst themselves being Commons resolved to impeach Thomas earl of thought necessary for repelling the greatness Strafford of High Crimes and Misdemeanors, of the common danger, it was, amongst other and referred it to the Committee of Secrecy + things, agreed, that there should be and to draw up Articles of Impeachment, and pre- continue, between the said confederates, a con. pare evidence against him.
stant, perpetual, and inviolable friendship and August 31, 1715. Mr. Walpole, from the correspondence; and that each party should Committee of Secrecy, acquainted the House,
be obliged to promote the advantages of the that the Committee had, in obedience to the other, and prevent all inconveniences and dancommands of the House, prepared Articles of gers that might happen to them, as far as lay Impeachment of High Crimes and Misdemea
in their power : that the said allies, desiring nors against Thomas earl of Strafford ; and he nothing more earnestly than the peace and read the same in his place, and afterwards de general quiet of all Europe, had adjudged, that livered them in at the clerk's table ; where they Ulishment thereof, than the procuring an equin
nothing could be more effectual for the estawere read, and are as follow :
table and reasonable satisfaction to his imperial ARTICLES OF IMPEACHMENT
majesty for his pretensions to the Spanish
succession ; and that the king of Great Britain Crimes AND MISDEMEANORS, AGAINST and the States General might obtain a partiTHOMAS EARL OF STRAFFORD.
cular and sufficient security for their king
doms, provinces, and dominions, and for the " Whereas his late majesty king William navigation and commerce of their subjects: the third, of ever glorious memory, out of his that it should not be permitted to either party, great wisdom and tender regard for his own when the war is once begun, to treat of peace kingdoms and the Protestant Succession, and with the enemy, unless jointly and 'by a com. to vindicate the honour of the crowd and na- munication of councils ; and no peace should tion, then affronted by France, in proclaiming be made, unless an equitable and reasonable the Pretender king of Great Britain, after the satisfaction for his imperial majesty, and a par, French king bad but lately before acknow. ticular security for the kingdoms, provinces, ledged bis majesty's title to the same, as well dominions, navigation, and commerce, of his as from a just concern for the preservation of majesty of Great Britain and the States Gethe liberties of Europe, against the growing neral, be first obtained; and upless care be power of France, which was then become taken, by fitting security, that the kingdoms more formidable from the duke of Anjou's hav- of France and Spain shall never come and be ing taken possession of the entire Spanish mo- united under the same government, vor that Darchy, did, upon the advice and request of one and the same person shall be king of both both Houses of Parliament, in or about the kingdoms. And whereas bis said late majesty month of September, 1701, enter into, make, king William and the States General, seriand conclude, a treaty with Leopold emperor ously considering that France was then become of Germany, and the States General of the so formidable, from the accession of Spain to United Provinces; wherein a strict conjunc- the duke of Anjou, that, in the opinion of all
the world, Europe was in danger of losing her See in this same year, the Cases of lord liberty, and undergoing the beavy yoke of Bolingbroke, the duke of Ormond, and lord universal monarchy; and that the surest Oxford.
means of effecting that design were, to divide + See the Report of this Committee in the the king of Great Britain from the States GeParliamentary History as referred to in lord neral, for which purpose all imaginable efforts Oxford's Case.
would be made; they therefore thought it ne,