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455. Proceedings against ROBERT Earl of OxFORD),* before the

House of Lords, upon an Impeachment for High Treason,
and other High Crimes and Misdemeanors : 3 GEORGE I.
A. D. 1717.

the House of Lords, setting forth bis long con-
June 24, 1717.

finement, submitting his case to their lordsbips' The Earl of Oxford having been impeached consideration, and praying that his imprisonby the House of Commons, and being con- ment might not be indefinite. fined near two years in the Tower, without Upon this Petition some of the Lords urged, being brought to a trial, presented a Petition to that the Impeachment was ipso facto destroyed

* Swift, in bis Catalogue of those who have quajnted with his character; for, in the sense made great figures in some particular action they take the word, and as it is usually underor circumstance of their lives,' inserts · Robert stood, I know no man to whom that mean talent Harley, earl of Oxford, at bis Trial.' In his could be with less justice applied, as the conHistory of the Four Last Years of the Queen, duct of affairs, while be has been at the helm, he has pourtrayed the character of Oxford does clearly demonstrate, very contrary to the thus :

nature and principles of cuoning, which is al“ This person had been chosen Speaker suc. ways employed in serving little turns, proposing cessively to three parliaments, was afterwards little ends, and supplying daily exigencies, by secretary of state, and always in great esteem little shifts and expedients. But to rescue a with the queen for his wisdom and fidelity prince out of the hands of insolent subjects, The late ministry, about two years before their bent upon such designs as must probably end fall, had prevailed with her majesty, much in the ruin of the government; to find out against ber inclination, to dismiss him from means for paying such exorbitant debts as this her service; for wbich they canuot be justly nation hath been involved in, and reduce it to blamed, since he had endeavoured the same a better management; to make a potent enemy thing against them, and very narrowly failed; offer advantageous terms of peace, and deliver which makes it the more extraordinary, that up the most important fortress of his kingdom be should succeed in a second attempt, against as a security; and this against all the opposithose very adversaries, who had such fair tion mutually raised and inflamed by parties warning by the first. He is firm and steady in and allies : such performances can only be his resolutions, not easily diverted from them called cunning by those, whose want of underafter be bas orice possessed himself of an opi- standing, or of candour, puts them

upon finding nion that they are right; nor very communi- ill names for great qualities of the mind, which cative where he can act by himself, being themselves do neither possess, nor can form taught by experience, “ That a secret is sell any just conception of. However, it must be dom safe in more than one breast.” That allowed, that an obstipate love of secrecy in which occurs to other men after mature de- this minister, seems, at distance, to have some liberation, offers to him as his first thoughts; resemblance of cunning; for he is not only so that he decides immediately what is best to very retentive of secrets, but appears to be so be done, and therefore is seldom at a loss upon too, which I number among bis defects. He sudden exigencies. He thinks it a more easy has been blamed by his friends, for refusing to and safe rule in politics, to watch incidents as discover bis intentions, even in those points they come, and then turn them to the advantage where the wisest man may have need of advice of what he pursues, than to pretend to foresee and assistance; and some have censured him them at a great distance. Fear, cruelty, ava upon that account, as if he were jealous of rice, and pride, are wholly strangers to his na- power : but he has been heard to answer, ture ; but he is not without ambition. There . That be seldom did otherwise, without cause is one thing peculiar in his temper, which 1 to repent.' altogether disapprove, and do not remember to “ 'However, so undistinguished a caution have heard or met with in any other man's cannot, in my opinion, he justified, by which character: I mean an easiness and indifference the owner loses many advantages, and whereof under any imputation, although he be ever so all men wbo deserve to be confided in, may, innocent, and although the strongest probabi- with some reason, complain. His love of prolities and appearances are against him; so that crastination (wherein doubtless nature has her I have known him often suspected by his share) may probably be increased by the same nearest friends, for some months, in points of means; but this is an imputation laid upon the highest importance, to a degree that they many other great ministers, who, like men were ready to break with him, and only un- under too heavy a load, let fall that wbich is of deceived by time and accident. His detractors, the least consequence, and go back to fetch it who charge him with cunning, are but ill ac- when their shoulders are free; for, time in and determined, since he was not brought to earl's trial, which after some debates was fixed trial the same session in which he was im- | for the 13th of June, and afterwards at the peacbed, and that the prorogation was an actual desire of the House of Commons was deferred Supersedeas to the whole proceedings; bow till Monday the 24th, on which day the Lords ever, the vote of the House passed to the con- caine from their House at 12 o'clock in their trary, and the earl of Nottingham, who bad in. robes, and went into the Court in Westminstersisted strenuously upon it, entered his protesta - hall, in their usual order. tion against it.

The Lords being seated in their places, (and ! This being over-roled, the duke of Buck- the Commons in a committee of the whole ingham moved to appoint a short day for the House being in their seats, and the Managers often gained, as well as lost, by delay, wbich, given in the Letter to sir William Wyndham by at worst, is a fault on the securer side. Neither Swift's friend Bolingbroke: probably is this minister answerable for half

“ Wbilst this was doing, Oxford looked on, ihe clamour raised against him upon that ar- as if he had not been a party to all which had ticle: his endeavours are wholly turned upon passed; broke now and then a jest, which sathe general welfare of his country, but perhaps toured of the inns of court and the bad comwith too little regard to that of particular per- pany in which he had been bred : and on those sons; which renders him less amiable, than be occasions, where bis station obliged him to would otherwise bave been, from the goodness speak of business, was absolutely unintelligiof his humour, and agreeable conversation in a ble. Whether this man ever had any deter. private capacity, and with few dependers. Yet mined view, besides that of raising bis family, some allowance may perbaps be given to this is, I believe, a problematical question in ibe failing, which is one of the greatest he bas; world. My opinion is, that be never had

avy since he cannot be more careless of other men's other.” fortunes, iban he is of his own. He is master of a very great and faithful memory ; which

Bolingbroke, in a letter written to Swift bim. affairs: and I believe there are few examples Swift's own expressions at different times com: is of mighty use in the management of public self in the year 1734, speaks very contemp,

tuously of Harley. The inconsistencies of to be produced, in any age, of a person who bas passed through so many employments in cerning Harley are the natural consequence of the state, endowed with a greater share both of

Swift's political tergiversation. divine and buman learning

Harley had been created earl of Oxford I am persuaded that foreigners, as well as on the 11th of May 1711. Of this advancethose at home who live too remote from the

ment Burnet writes as follows: " The midis. scene of business to be rightly informed, will

ters now found, how hard it was to restore not be displeased with this

account of a person, credit, and by consequence to carry on the who, in the space of two years, has been so war; Mr. Harley's wound gave the queen highly instrumental in changing the face of the occasion, which she seemed to be waiting affairs in Europe, and has deserved so well of for; upon bis recovery she had created bin his own prince and country.”

an earl, by a double tiile, of Oxford and More

timer. Preambles to Patents of Honour usuAnd in the True Narrative* of what passed ally carry in them a short account of the at the examination of the marquis de Guiscard,'

dignity of the family, and of the services of among other praises of Harley, is the follow- the person advanced; but his preamble was ing: France records her Richelien, Mazarin, very pompous, and set him out in the most and Louvois. We talk with veneration of extravagant characters that flatterers could the Cecils. But posterity shall boast of Harley invent; in particular it said, that he had re; as a prodigy, in whom the spring is pure as deemed the nation from robbery, had restored the stream ; not troubled by ingratitude or avarice, nor its beauty deformed by the feature vice in a course of many years; all this was

credit, and bad rendered the public great serof any vice. The coming age will envy ours set out in too fulsome rhetoric, and being prea minister of such accumulated worth."

pared by his own direction, pleased bim so A very different representation of Oxford is much, that whereas all other patents had been

only read in the House of Lords, this was * Of this “ True Narrative,” Swift informs printed. He was at the same time made ford Stella, that he had not time to do it bimself, treasurer, and became the chief, if not sole and that he was afraid of disobliging Mr. Harley minister, for every thing was directed by him. or Mr. St. John in one critical point about it, It soon appeared that his strength lay in ma. and so would not do it himself. The Narrative, naging parties, and in engaging weak people it appears, was composed by Swift's orders, by rewards and promises, to depend upon him; and from his materials, by one of his under- but that he neither thorougbly understood the spur-leathers' (as I think he denominates his business of the treasury, nor the conduct of humbler fellow-labourers in the vineyard of foreign affairs. But he trusted to his interest Tory pamphleteering) Mrs. Manley, who wrote in the queen and in the favourite.” the . Atalantis,' no very creditable associate, or The Preamble to Harley's Patent was com. yery honourable panegyrist.

posed, (1 conjecture in Latin and in English)

for the House being also in places appointed to the table, proclamation was again made for for themd ;) the House was resumed.

keeping silence. Then Proclamation was made as follows: L. H. Steward. (William lord Cowper.) My

Serjeant at Arms. O Yes, 0 Yes, O Yes! lords, bis majesty's commission is about to be Our sovereign lord the king doth strictly charge in the usual manner, and all others are likewise

read; your lordships are desired to attend to it and command all manner of persons to keep to stand up uncovered while the commission is silence on pain of imprisonment.

reading. Then the commission for appointing a Lord Then the said commission was read (all the High-Steward was (after three reverences made Lords and others standing up uncovered) as in coming up from the clerk's table) presented follows : to the Lord High-Steward sitting upon the

" GEORGIUS R. wool-sack, by the clerk of the crown in Chan- “ Georgius, Dei Gratia, Magnæ Britanniæ, cery on bis kpee; and the same being brought Franciæ et Hiberniæ Rex, Fidei Defensor, &c. by Swift. It is published in English in Swift's task being performed ; after some respite, he Works, vol. 4, p. 223. (Nichols's 12mo edi. bore the weight of our exchequer as chancellor, tion), as follows:

and thereby prevented the farther plundering

of the nation; and also provided for the « PREAMBLE TO MR. HARLEY'S PATENT, settling of a new trade to the South Seas; “ The Reasons which induced her Majesty to relieved the languishing condition of the trea

and (by rescuing public credit) so opportunely create the Right Honourable Robert Harley a Peer of Great Britain; being a

sury, as to deserve thanks from the parliament, translation of the preamble to his Patent, blessings from the citizens, and from us (who dated May 11, 1711. *

never separate our own interests from the

public) no small approbation. Therefore we “ Whatever favour may be merited from a decree to the man that has so eminently dejust prince, by a mau born of an illustrious and served of us and of all our subjects, those hovery ancient Tamily, t fitted by nature for all nours which were so long since due to bim great things, and by all sorts of learning qua- and bis family; being induced thereto by our lified for greater ; constantly employed in the own good pleasure, and the suffrage of all study of state affairs, and with the greatest Great Britain : for we take it as an admonipraise, and no small danger, exercising variety tion, that he should not in vaiv be preserved, of offices in the government; so much does whom the states of our realm have testified to our well-beloved and very faithful counsellor be obnoxious to the hatred of wicked men, Robert Harley,t deserve at our hands : he, upon account of his must faithful services to who in three successive parliaments was una- us, and whom they have congratulated upon nimously chosen speaker ; and, at the same bis escape from the rage of a flagitious parritime that he filled the chair, was our principal cide. We gladly indulge their wishes, that secretary of state: in no wise unequal to either he, who comes thus recoinmended to us by so province. Places, so seemingly disagreeing honourable a vote of both Houses of Parliawere easily reconciled by one, who knew how ment, should have bis seat among the peers, with equal weight and address to moderate to many of whoin his family has been long and govern the minds of men: one who could allied; and that be, who is himself learned, preserve the rights of the people, without in- and a patron of learning, should bappily take fringing the prerogative of the crown ; and his title from that city, where letters so glowho thoroughly understood how well govern- riously flourish. Now know ye,” &c. ment could consist with liberty. This double

The censure of pompous extravagant flat

tery and fulsome rhetoric wbich as we have * “ First printed in 4to. in Latin and Eng

seen had been passed on this preamble by lish, by Morphew, in 1711.

Burnet, (possibly he knew not by whom it was † « This noble family is descended from composed) would not fail to exasperate the the ancient house of the de Harlais in France political animosity of Swift, who accordingly Their common ancestors were probably a

in return has persecuted the loose and careless family of that name resident in Shropshire long style of the bishop with a ludicrous childish before the Conquest.

minuteness of unrelenting vigilance and inve† “ Robert Harley, esq. eldest son of sir terate malignity. Edward Harley, was born in London, Dec. 5, 1661. He was educated at Shilton, a private Catalogue of Royal and Noble Authors, men

Mr. Park, in his edition of lord Orford's school in Oxfordshire, remarkable for pro- tions that there is in the British Museum a ducing, at the same time, a lord high treasurer (the earl of Oxford), a lord high chan- tract entitled, An Account of the Conduct of cellor" (lord Harcourt), a lord chief justice of Robert Earl of Oxford, 1715, 8vo. by whoin

Mr. Park the common pleas (lord Trevor) and ten mem

supposes it to have been composed. bers of the House of Commons, who were all See more concerning lord Oxford in Gregg's contemporaries as well at school as in parlia- Case, vol. 14, p. 1371. See, too, the preceding ment.

Cases of Bolingbroke, Ormond, and Strafford.

TIMER.

Prædilecto et fideli consiliario nostro Willielmo L. H. Steward. Your lordship may rise. Domino Cowper, Cancellario nostro Magnæ Then the earl of Oxford rose up. Britanniæ, Salutem. Cum Robertus Cornes de Serj. at Arms. O Yes, &c. (as before.) Oxon’ et Comes Mortimer, coram nobis in par- L. H. Steward. Clerk, read the Articles of liamento per milites, cives et burgenses in par- Impeachment. Jiamento nostro assemblat de alta Proditione et aliis atrocissimis Criminibus et Offensis per

The Clerk read the Articles, as followetb: ipsum Robertum Comitem Oxon’ et Comitem Mortimer commiss' et perpetrat in nomine ip- ARTICLES OF IMPEACHMENT OF High Tressorum militum, civium et burgensium et nomine

SON, AND OTHER HIGH CRIMES AND communium regni nostri Magnæ Britanniæ impetit' et accusat' existit. Nos considerantes

MISDEMEANORS,

AGAINST ROBERT quod justitia est virtus excellens et altissimo EARL OF OXFORD AND Earl More complacens, volentesq; quod prædictus Robertus Comes de Oxon et Comes Mortimer de et pro proditione et aliis criminibus et offensis Whereas many solemon treaties and allunde ipse ut præfertur impetitus et accusatus ances have been formerly entered into between existit coram nobis in præsenti Parliamento the crown of England, and other prioces and nostro, secundum legem et consuetudinem potentates of Europe, for their mutual safety, hujus regoi nostri Magnæ Britanniæ, et secun- and from the considerations of the commen dum consuetud. Parliamenti audiatur, exami- danger, which threatened all Christendom, netur, sententietur et adjudicetur, cæteraq; from the immoderate growth of the power of omnia

quæ in hac parte pertinent debito modo France. And whereas the preventing the moexerceantur et exequantur ; ac pro eo quod narchy of Spain from coming into the bands proceres et magnates in præsenti parliamento of the House of Bourbon, has for many years nostro assenblať nobis bumilime supplica- been a fundamental principle and marim of verunt ut Senescallum Magnae Britanniæ pro union among the allies, in order to preserre a hac vice constituere dignaremur: Nos de fide- just balance of power in Europe: Aod to the litate, prudentiâ, providâ circumspectione et in- end, as the designs of France on the monarchy dustriâ vestris plurimum confidentes, ordinavi- of Spain have from time to time appeared

, mus et constituimus vos ex bac causa Senescal. new treaties and express stipulations have been lum Magnæ Britanniæ ad officium illud, cumom- entered into amongst the allies, to strengthen nibus eidem officio in bac parte debit et pertinen' themselves against that approaching danger

: hac vice gerend' occupand' et exercend' et ideo And, on this foundation, a trealy for an in. vobis mandamus quod circa præmissa diligentur tended partition, whereby a small part ools of intendatis et omnia quæ in hac parte ad officium the dominions of the crown of Spain was alSenescalli Magnæ Britanniæ pertinent et re

lotted to the House of Bourbop, was colo quiruntur hac vice faciatis, exerceatis et exe- demned by the wisdom of parliament, as being quamini cum effectu. Jo cujus rei testimo- bighly prejudicial, and fatal in its consequences nium has literas nostras fieri fecimus patentes. to England, and the peace of Europe: dod Teste meipso apud West vicesimo quarto die whereas the duke of Anjou, grandson to the Junii, anno regni nostri tertio.

king of France, on the demise of Charles the “ Per ipsum Regem propriâ manu signat second, king of Spain, took possession, of the

“ WRIGHTE." entire monarchy of Spain, whoreby the ba; Then the herald and Black-Rod, making Jance of power, the Protestant religion, and three reverences as they came up, presented, the liberties of Europe were threatened with kneeling, the staff to the Lord High-Steward; immediate danger; whereupon Leopold, then who thereupon standing up, made a reverence emperor of Germany, bis late majesty king to the Lords; and then, being attended by the William the third, of ever glorious memory, herald, Black-Rod, and purse-bearer carry. and the States General of the United Provinces

, ing the purse, proceeded to the chair placed on finding at tbat most critical juncture, that a the second step of the throne.

strict conjunction and alliance between them. Who having again made a reverence to the selves was become necessary, for repelling the Lords, he seated bimself in the said chair, greatness of the common danger, froin so great and gave the staff to the Black-Rod on his an accession of power to the then conmon eneright-band, and the purse-bearer standing on bis my, did, in the year of our Lord 1701, make, left.

form, and conclude a new treaty and alliance

, Serj at Arms. O Yes, &c. (as before.) whereby it was agreed, that there shall be and

L. H. Steward. Make proclamation for the continue between the said confederates, bis lieutenant of the Tower of London to bring the sacred imperial majesty, his sacred royal maprisoner to the bar.

jesty of Great Britain, and the lords the States Serj. at Arms. ( Yes, 0 Yes, 0 Yes! | General of the United Provinces, a constant, Lieutenant of the Tower of London, bring forth perpetual, and inviolable friendship and coryour prisoner to the bar, according to the order respondence, and that each party shall be obfiof the House of Lords to you directed. ged to promote the advaniages of the other,

Then the earl of Oxford came to the bar, and and prevent all inconveniencies and dangers kneeled for some time,

that might happen to them, as far as lies in

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be allies, in ordens of power in Earx signs of Fraud aa. re from time to be and express straits

against that appreciate bis foundation, and ition, wbereby a sad sons of the crowd the House of Berk

their power: That the said allies, desiring count of traffic, directly or indirectly, or any nothing more earnestly than the peace and ge- pretence whatsoever : And lastly, unless full neral quiet of all Europe, have adjudged that liberty be granted unto the subjects of the king nothing can be more effectual for the establish- of Great Britain, and the States General, to ment thereof, than the procuring an equitable exercise and enjoy all the same privileges, and reasonable satisfaction to his imperial ma- rights, immunities, and franchises of com-, jesty for his pretension to the Spanish suc- merce by sea and land in Spain, the Meditercession, and that the king of Great Britain and ranean, and all lands and places wbich the

the States General may obtain a particular king of Spain last deceased did possess at the Has

and sufficient security for their kingdoms, pro- time of his death, as well in Europe as elsevinces and dominions, and for the navigation where, which they used and enjoyed, or wbich

and commerce of their subjects: That the said the subjects of hoth, or either of them, by RD 20.

confederates therefore shali, in the first place, any right acquired by treaties, agreements, endeavour by amicable means, to obtain the customs, or any other way whatsoever, might

said satisfaction; but if, contrary to their ex- bave used and enjoyed before the death of the =ៗ

pectation and wishes, the same is not had, the late king of Spain : That at the said time that nel gas

said confederates do engage and promise to one the said agreement or peace shall be made, the aod, 26 27

another, that they will assist each other with confederates shall agree amongst themselves

all their forces according to a specification to about all the things that they shall think neanuledier

be agreed upon in a peculiar convention for cessary for maintaining the navigation and Threatened at

that purpose: That the confederates in order commerce of the subjects of his majesty of

to the procaring the satisfaction and security Great Britain, and the States General, in the bere the post

aforesaid, shall, amongst other things, use their lands and dominions they may acquire, and frem curtig

utmost endeavours to recover the provinces of that were possessed by the late deceased king the Spanish Low Countries, that they may be of Spain, and also in what manner the States

a fence and rampart, commonly called a barrier, General may be secured by the aforesaid fence Dental prope 3

separating and dividing France from the United or barrier. And whereas his said late majesty Provinces, for the security of the States Ge- king William, and the States General, serious. neral, as they have served in all times, till of ly considering that France was then become Jate that the most Christian king bas seized so formidable from the accession of Spain to

them by his forces; as likewise the dutchy of the duke of Anjou, that, in the opinion of all amongst the alian: Milan, with its dependencies, as a fief of the the world, Europe was in danger of losing her

empire, and contributing to the security of his liberty, and undergoing the heavy yoke of uniimperial majesty's hereditary dominions ; be-versal monarchy, and that the surest means sides the kingdoms of Naples and Sicily, and of effecting that design, were to divide the the lands and islands upon the coast of Tus king of Great Britain from the States General

cany, in the Mediterranean, that belonged to for which purpose all imaginable efforts would y the wisdom of parties the Spanish dominions, and may serve to the be made ; they therefore thought it necessary

same purpose, and will also be of advantage to unite in the strictest manner that was posto the navigation and commerce of the subjects sible, and to that end a defensive Treaty and of the king of Great Britain, and of the United Alliance was concluded and entered into be. Provinces : That in case the confederates shall tween them, in or about the month of No. be forced to enter into a war, for obtaining the vember, 1701, wherein it was, among other satisfaction aforesaid for his imperial majesty, things, agreed, That in case the said bigh and the security of his majesty of Great Bri- allies should be jointly engaged in war, by reatain, and the States General, they shall com- , son of this defensive alliance before mentioned municate their designs to one another, as well in the 5th · Article, or on any other account, in relation to the actions of the war, as all other there shall be an offensive, and defensive, and things wherein the common cause is concern- perpetual alliance between them, against those ed : That it shall not be permitted to either with whom the war shall be, and all their forces party, when the war is once begun, to treat of shall be employed by sea and land, and they peace with the enemy, unless jointly, and shall act in conjunction or separately, as it by a coinmunication of counsels; and no shall be agreed between them. That since, peace shall be made, unless an equitable and in the alliance with the emperor made in Sepreasonable satisfaction for his imperial ma- tember last, particular care was taken of the jesty and the particular security of the king. recovery of the Spanish Low-Countries, out of doms, provinces, dominions, navigations and the hands of the most Christian king, the said commerce for his majesty of Great Britain, confederates expressly engage to aid one anoand the States General, be first obtained; and ther with all their forces for the recovery of upless care be taken, by fitting security, that the same. And in regard the principal interest the kingdoms of France and Spain shall never of the said confederates consists in the presere corne and be united under the same govern- | vation of the liberties of Europe, the beforement, nor that one and the same person shall mentioned Treaty with the emperor shall be be king of both kingdoms; and particolarly faithfully and sincerely executed, and both that the French shall never get into the pos- sides shall guaranty the same, and use their session of the Spanish Indies, neither shall endeavours to confirm and render it more strong

they be permitted to sail thither on the ac. from time to time: That in making peace, parged to promote the strange and prevent all incorrect that might happen to this,

ejudicial

, and fatalino od, and the peace di

is the duke of Anjos, France, on the demise C king of Spain, tak pour monarchy of Spaie

, stes of power, the Protestatis perties of Europe ser tre diate danger; whereaper is ror of Germany, bis die nam the third, of ever gelees tbe States General of the Line ng at that most criticals

et conjunction and alizer kit ces was become necessary eatness of the common dance

accession of power to the best y, did, in the year of our Li orm, and conclude a new ETT bereby it was agreed

, der er i continue between the said on sacred imperial majesit

, biser jesty of Great Britain

, and the General of the Ucited Pages

perpetual

, and isvislable forests respondence, and that each pro

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