1185] for High Treason. "Whereupon his trial was appointed on the | in the King's-bench, to appear the first day of next parliament; which was that day. Ac 30th instant. "Nov. 30, his lordship's trial began in West- cordingly they were called to the bar, and their appearances recorded; and they petitioned for minster-hall. relief. gave "December 4, the lord high steward the House an account, That after viscount Stafford had summed up his evidence, and the managers had replied, his lordship propounded several points in law, arising out of the matter of fact, to which he desired to be heard by his counsel; one of which points was, "May 22, 1685, upon consideration of the cases of the earl of Powys, lord Arundel, lord Bellasis, and earl of Danby, contained in their Petitions, it was resolved, upon the question, That the Order of the 19th of March, 1678-9, should be annulled and reversed as to Im "Whether proceedings ought to be conti-peachments. nued from parliament to parliament upon impeachments? May 25th, 1685, an order made, for the Attorney-General to have recourse to the in"To which the House, upon consideration, dictments against the earl of Powys, lord refused to hear his counsel. Arundell, and lord Bellasis, in order to the en "Dec. 7, Judgment upon him was pro-tering a noli prosequi thereon, according to his nounced, as usual in cases of High Treason. "21st of the same month, Mr. Seymour was impeached of High Crimes, &c.; and Articles were brought up and read; and he was ordered to answer. "December 23, he put in his Answer; and the same was read, while he was at the bar; and a copy of it to be sent to the Commons. 66 January 3d following, which was the next day the House sat, he petitioned for a speedy trial. And a message was sent to the Commons, to give them notice of it; their lordships finding no issue joined by replication. And counsel were assigned him. "January 8th, his trial was ordered to be on the 15th of the same January; and a message was sent to the Commons, to acquaint them with it, that they might reply if they thought fit. No further proceeding was had on that Impeachment. 7th of the same January, sir William Scroggs was impeached of High-Treason; and Articles of Impeachment were brought up. fle was bailed; and ordered to answer the 14th of the same month. "The said 7th of January, the earl of Tyrone was impeached of High Treason. "January 10th 1680, the parliament was prorogued, and dissolved by proclamation the 18th of that month. "March 21, 1680, a new parliament met. "24th of the same March, earl of Danby petitioned to be bailed: And the same day sir William Scroggs' Answer was read; as also his Petition, desiring a short day for the Commons to reply; copies of which Answer and Petition were sent to the Commons. "No further proceedings were had against sir William Scroggs. "March 26th, 1681, message from the Commons, That they, having formerly de⚫manded judgment against the earl of Danby, 'desire now a day may be appointed to give it.' "The said message was ordered to be considered on Monday next. "28th of the same month, the parliament was dissolved. May 19, 1685, the House was acquainted, That the lords committed to the Tower upon mpeachment had entered into recognizances, VOL. XV. majesty's warrant, and it was further ordered, "June 1, 1685, upon motion on behalf of "October 26, 1688, the earl of Salisbury, and earl of Peterborough, were impeached of High Treason, in departing from their allegiance, and being reconciled to the church of Rome, by message from the Commons. And the earl of Peterborough, being, by the Black Rod, brought to the bar, was ordered to be committed to the Tower; and the earl of Salisbury, to be brought to the bar by the chief governor of the Tower, on Monday. "October 28th, the earl of Salisbury accordingly was brought to the bar; and the said governor of the Tower was ordered to take him into his custody. "27 January following, the parliament was prorogued; and dissolved by proclamation the 6th of February following. "A new parliament met, 20th of March 1689. 66 April 5, 1690, an order was made, to take into consideration, whether impeachments continue from parliament to parliament, on the Wednesday following. "8th and 10th of the same month, consideration of that matter was adjourned. 66 July 7, 1690, the parliament was prorogued. "October 2, 1690, the earl of Peterborough petitioned to be discharged, having been kept prisoner in the Tower for almost two years, notwithstanding a dissolution and several prorogations had intervened, as also an act of free and general pardon: Whereupon the judges were ordered to attend, to give their opinions, whether he be pardoned by that act. The judges were also ordered to give their opinions, on the same matter, upon the earl of Salisbury's Petition, praying likewise to be discharged. 4 G 1 "6th of the same month, the judges, according to order, delivered their opinions, as follow; viz. That, if the said Earls crimes and offences were committed before the 13th of February, 1688, and not in Ireland nor beyond the seas, they were pardoned by the said act. And it was resolved that the said Earls should be admitted to to bail. And a committee was appointed to inspect and consider precedents, whether impeachments continue in statu quo from parliament to parliament. "October 7, the said Earls were both bailed at the bar. " 30th of the same October, report was made from the committee, appointed the 6th of the same October, of several precedents brought to their lordships by Mr. Petit from the Tower; and also that they had examined the Journals of this House, which reach from the 12th of Henry the 7th; and all the precedents of impeachments since that time were in a list now in the clerk's hands; among all which, none are found to continue from one parliament to another, except the lords who were lately so long in the Tower. "After consideration of which Report, and reading the orders made the 19th of March 1678-9, and the 22d of May 1685, concerning impeachments; and long debate thereupon; it was resolved, that the earl of Salisbury and earl of Peterborough should be discharged from their bail; and accordingly they and their sureties were ordered to be discharged from their said recognizances. "A List has been produced before the Committee, which to them seems to be the List referred to in the said Report; which is ready to be produced, if the House shall think the same necessary. "Nov. 12, 1690, upon motion, That a day be appointed, for the explanation of the votes of the 30th of October last; it was ordered to take the same into consideration on the 18th of the same November, and all the lords to be summoned; on which day the House sat: but it doth not appear by the Journal that any thing was done in pursuance of that order. "April 27, 1695, the duke of Leeds was impeached of High Crimes and Misdemeanors; and Articles were on the 29th of the same month exhibited against him. He put in his answer the next day; and a copy of it was sent to the Commons. "May 1, following, a message was sent to the Commons, to put them in mind of the said Impeachment; the Lords conceiving the session could not continue much longer. 66 May 3, the parliament was prorogued; and dissolved by proclamation, dated the 11th of October 1695. "June 24, 1701, the House of Commons having impeached the duke of Leeds on the 27th of April, 1695; and on the 29th of the same month exhibited Articles against him, to which he answered; but the Commons not prosecuting; the said Impeachment and Articles were ordered to be dismissed. "May 17, 1698, Peter Longueville was, amongst others, impeached of High Crimes, &c.; and Articles were brought up. May 27, he put in his Answer and pleaded Not Guilty. "June 28, the trial of Goudet and others, upon the Impeachments against them, was appointed on the 4th of July next. "The same day, the said Goudet, Barrau, Seignoret, Baudowin, Santiny, Diharce, and Pearse, relinquished their pleas, and pleaded Guilty; and the Black Rod ordered to take them into custody. "June 30, Dumaistre put in his Answer, and pleaded Guilty; and the Black Rod erdered to take bim into custody. "July 4, 1698, judgment was pronounced against the eight persons above-mentioned; and no further proceedings concerning Longueville. "The next day the parliament was prore. gued; and dissolved by proclamation, dated the 7th of July, 1698. "The committee have also enquired of precedents of indictments against peers, which have been removed into the House of Lords by Certiorari, and the proceedings thereupon; and find, that, on the 19th of March 1677, the proceedings against the earl of Pembroke, upon an indictment, for the death of Nathaniel Cony, had before the commissioners of Oyer and Terminer at Hicks'-hall, upon which his lordship was found guilty of felony and murder, was brought into this House, in order to his trial. 66 April 4, 1678, the said earl was tried, and found guilty of manslaughter. "July 15, the parliament was prorogued. "Nov. 11, 1685, the lord mayor and the rest of the justices of Oyer and Terminer and general gaol delivery for London and Middle: sex were ordered to return, by virtue of his majesty's writ of Certiorari, the indictment of high treason, found before them, against the earl of Stamford, then prisoner in the Tower. "Nov. 14, the indictment was delivered. "Nov. 16, the said earl was ordered to be brought to the bar. "Nov. 17, his lordship was brought accordingly, examined, and his trial appointed on the 1st of December following; and an address to his majesty,That a place be prepared in Westminster-hall for his trial.' Nov. 18, the king's answer was reported, That he had given order accordingly. "Nov. 20, 1685, the parliament was proro gued; and, after several prorogations, was dissolved the 2d of July 1687. "And there doth not appear any further proceeding on the said indictment. "Jan. 4, 1692, the coroner's inquest was brought in, concerning the death and murder of William Mountfort, wherein the lord Mohun was found to be aiding and assisting. "Feb. 4, his lordship was tried; and found Not Guilty, and discharged. "March 14, the parliament was prorogued. 1189] for High Treason. "Dec. 13, 1697, a writ of Certiorari was ordered, for removing the indictment found against the lord Mohun, concerning the death of William Hill. "Jan. 10, 1697, resolved to proceed to his trial. "July 4, 1698, the clerk of the crown read the indictment to his lordship; and he pleaded his majesty's pardon: which was allowed by the House; and he was discharged. "March 13, 1698, an indictment against the earl of Warwick, for the murder of Coote, was brought by Certiorari. "March 25, 1699, lord Mohun allowed a сору of his indictment. "March 28, the earl of Warwick was tried, and found guilty of manslaughter. "March 29, the lord Mohun was tried, and found Not Guilty. as may the better enable this House to judge Ordered, That the said Report be now res Accordingly his lordship reported, "That the said committee find, "That, on the 21st of January, 1666, after receiving a Message from the House of Com mons, to desire this House would appoint a day for hearing the cause concerning the lord "May 4, 1699, the parliament was pro-viscount Mordaunt, upon the Impeachment rogued." brought up from the House of Commons against the said Impeachment against his lordship." "26th of the same January. Divers members of the House of Commons were present at the bar, to manage the evidence against the said Which Report being read by the clerk ; "It was proposed, to resolve, That the Im-ing then next, being the 26th of the same Japeachment of the Commons against the earl of Oxford is determined by the intervening prorogation." And after debate thereupon; "That it is the opiThe question was put, nion of this House, that the impeachment exhibited by the Commons of Great Britain, against Robert earl of Oxford and earl Mortimer, for High Treason and other High Crimes and Misdemeanors, is determined by the intervening prorogation?"-It was in the negative. "Dissentient, resolved "1. Because there seems to be no difference in law between a prorogation and a dissolution of a parliament, which, in constant practice, have had the same effect, as to determination both of judicial and legislative proceedings; and consequently this vote may tend to weaken the Resolution of this House, May 22d, 1685, which was founded upon the law and practice of parliament in all ages, without one precedent to the contrary; except in the cases which happened after the order made the 19th of March, 1678, and which was reversed and annulled in 1685; in pursuance hereof the earl of Salisbury was discharged in 1690. "2. Because this can never be extended to any but peers; for, by the statute 4 Edw. 3, no commoner can be impeached for any capital crime: And it is hard to conceive why the peers should be distinguished, and deprived of the benefit of all the laws of liberty to which the meanest commoner in Britain is entitled; and this seems the more extraordinary, because it is done unasked by the Commons, who, as it colour any is conceived, never can ask it with of law, precedent, reason, or justice.--Fr. Roffen. Abingdon, Dartmouth, Mansel, Hay, Foley, Nottingham, North and Grey, Bruce, Bathurst, Guilford," May 27, 1717. The lord Trevor, from the committee ap. pointed to search and report such precedents, lord viscount Mordaunt. "6th of May 1679. Upon a Message from the Commons, That they were ready to make good the Articles of Impeachment for High Treason, against the earl of Powys, viscount Stafford, lord Petre, lord Arundell of Wardour, and the lord Bellasis; it was resolved, upon the question, That the said Lords should be "11th of the same month. A committee of brought to their trials on that day sevenuight.' this House was appointed, to meet with a com mittee of the Commons, to consider of proposi tions and circumstances, in reference to the trials of the Lords in the Tower. "12th of the same May. Upon report, That the committee of both Houses had met, and made an entrance into their business; the trial of the said five Lords was put off till fur ther order. "16th of the same month. Upon a Report from the committee of both Houses, it was resolved, upon the question, That Thursday then next, being the 22nd of that month, should be "20th of the same May. Upon consideraappointed to begin the trials of the said five lords. tion of the Report yesterday from the Committee of both Houses, Tuesday then next, being the 27th of the same month, was appointed for the trials of the said five lords. "12th November, 1680. Upon a Message from the Commons, to desire a convenient day trial was appointed on Tuesday the 30th of the for the trial of the lord viscount Stafford; his same month. On which day his trial began. "21st December following. Articles of Impeachment, for High Crimes, &c. were brought up against Mr. Seymour and read. "23rd of the same December. He put in his Answer, "3rd January following. He petitioned for a speedy trial. Aud a Message was sent to the Commons, to give them notice of it, finding no issue joined by replication. "8th of the same January. Mr. Seymour's trial was appointed to be on Saturday the 15th day of the same month, upon the Articles brought up against him by the Commons for High Crimes and Misdemeanors. Message was sent to the Commons, acquaintAnd a ing them with it, that they might reply if they thought fit. "3rd June 1698. After reading the replications of the Commons to the Answers of John Goudet and others, impeached by the Commons of High Crimes and Misdemeanors; their trial was appointed to be on Thursday the 9th of the same month at the bar of this House. "8th of the same month. Upon a Message from the Commons, That, by reason of extraordinary business, they could not be ready to prosecute the said Impeachment; the said trial was ordered to be on Thursday the 16th of the same month: on which day a Conference was bad about the place of trial. "28th of that month. Their trials ordered to be proceeded on, the 4th of July following, in Westminster-hall. “20th of May, 1701. A Message was sent to the Commons, to acquaint them, That the carl of Orford having desired a day for his speedy trial; their lordships, finding no replication, give them notice thereof." "S0th of May, 1701. The earl of Orford's trial, upon the Articles of Impeachment brought up against him from the Commons, for High Crimes and Misdemeanors, was appointed on Monday the 9th of June following. And a Message was sent to the Commons to acquaint them, That they might reply if they thought fit. "The next day. A Message was brought from the Commons, That they had prepared a replication to his lordship's Answer; but deferred bringing it up, thinking it more proper to begin with the trial of the lord Sonimers. "3rd of June following. In Answer to which Message, a Message was sent to the Commons, That their lordships, having been desired by the lord Sommers to appoint a day for his speedy trial, and finding no replication, give them notice of it, that they might reply if they thought fit; and that their lordships would proceed to the trial of any of the impeached lords whom the Commons shall be first ready to begin with, so as there be no occasion taken from thence for any unreasonable delay in the prosecution of any of them. | sent to the Commons, in Answer to the Message of the 5th, That their lordships thought themselves obliged to assert their undoubted right te if they saw good cause for it, without any preappoint a day for the trial of any impeachment, vious signification from the Commons of their being ready to proceed; which was warranted by many precedents, as well as consonant to ing to the example of their ancestors, would aljustice and reason: and their lordships, accordways use that right, with regard to the equal and impartial administration of justice, and with a due care to prevent unreasonable delays. 9th of the same June. The lord'Sommers' Crimes and Misdemeanors, was appointed on trial, upon an Impeachment likewise for High Friday the 13th of the same month. Message from the Commons of yesterday, for "12th of that month. Upon considering the putting off his lordships' trial to a further day; his trial was ordered to be on the 17th of that month. "17th of the same June. The Commons, clared, They peremptorily refused to proceed to in a Message, among several other things, dethe trial of the lord Sommers that day: notwithstanding which, the same day his lordship was tried in Westminster-hall, and acquitted of the said Articles; and the Impeachment was dismissed. "18th of the same June. The trial of the earl of Orford was ordered to be proceeded on, the 23rd of that month; on which day his lordship was also tried and acquitted. "3rd February, 1709. Upon reading the replication of the Commons to the Answer of Dr. Sacheverell, put in to the Articles of Impeachment against him for High Crimes and Misdemeanors; his trial was appointed, at the bar of this House, on Thursday the 9th of the same month. "6th of the same February. Upon a Message from the Commons, concerning the place of trial; an Address was made to her majesty, for a place to be prepared in Westminster-hall, for his trial. 18th of that month. His trial was appointed, in Westminster-hall, the 27th of the same month: on which day his trial began. "8th of February, 1715. The earl of Wintoun's trial was appointed the 16th of the same month, upon an Impeachment of the Commons against him for High Treason. "13th of the same month. Upon his Petition for witnesses, the time appointed for his trial was enlarged to the 8th of March then next. Petition, That his witnesses were not arrived; "5th of March following. Upon another the time for his trial was enlarged to the 15th of the same month. "5th of the same month. A Message was brought from the Commons, That, on consideration of their lordships' Message of the 31st of May, they thought it their undoubted right, that no day ought to be appointed by this House for the trial of any Impeachment, without some previous signification from the Com-jected. mons of their being ready to proceed. "12th of the same March. A Petition of the said Earl, for enlarging the time, was re "18th of that month, His trial was pro “9th of the same month. A Message was ceeded on." June 7, 1717. The earl of Clarendon reported from the Committee, appointed to search precedents, and report what is further proper to be done, in order to the Trial of the earl of Oxford, "That they had accordingly inspected precedents; and offer the rules and methods following to the consideration of the House; viz. “That an Address be presented to his majesty, that he will be pleased to give order, that such guards do attend, during the Trial of Robert earl of Oxford and earl Mortimer, upon the Impeachment exhibited against him by the House of Commons, as hath been usual in cases of trials. "That, on the day of trial, the whole body of the House of Peers meet here, in their robes, at nine o'clock in the morning; and that their lordships do go down into Westminster-hall, in their robes, in order to the Trial of the said Earl. "That the same method be observed, in going into Westminster-hall, as was on going thither, upon the 15th of March, 1715, to the Trial of the earl of Wintoun, "That the Articles of Impeachment exhibited by the House of Commons against the earl of Oxford, and the Answer of the said Earl, as also the Replication of the Commons there unto, be read, as soon as the said Earl is brought to the bar. "That the Lord High Steward be directed to acquaint the said earl of Oxford, and all other persons who may have occasion to speak to the Court, That they address themselves to the Lords in general, and not to the Lord High Steward. the "That the counsel assigned the said earl of Oxford may be present when he is at the bar, in order to be heard, touching any point or matter of law, if any such shall arise, upon two Articles of Impeachment exhibited against the said Earl for High Treason, or either of them; but that the said Earl may be allowed to make his full Defence, by counsel, upon the Articles for High Crimes and Misdemeanors, as well to matters of fact, as to any point or matter of law which may arise thereon. "That the witnesses which shall be produced by the earl of Oxford, to be examined in his Defence, as well to the two Articles exhibited against him for High Treason, as to the other Articles for High Crimes and Misde meanors, shall be examined upon oath; which oath shall be administered in like form as an oath was directed by this House to be administered to any witnesses who should be produced by the earl of Wintoun at his trial. "That every peer, when he gives his judgment, as well on the several Articles for High Crimes and Misdemeanors, as for the Articles for High Treason, shall declare his opinion, guilty, or not guilty, upon his honour, laying his right hand upon his breast. "That the Lord Great Chamberlain be desired to take care that places behind the peers be kept for peeresses and their daughters. "That, during the said Trial, the avenues to this House be guarded; and care taken, that "That the lord mayor and sheriffs of the city of London, as also the deputy lieutenants and justices of peace for the county of Middlesex, and the justices of peace for the city and liberties of Westminster, be required to take care for the safe guarding of the gates of the said cities, and other necessary places within their several jurisdictions; thereby to prevent the unnecessary concourse of people resorting to Westminster, and preserving the peace, during the said Trial. "That all the constables of Westminster be required to attend in the Palace-yards at Westminster, during the said Trial, to take care that all coaches whatsoever, when they have set down the persons they bring, be turned away through the Old Palace-yard, and so by Lindsey House, and from thence so that they can. not by any way return through King-street until seven o'clock in the evening.* "That all the lords of this House, who have personally appeared, or will personally appear, in this House, before the Trial of the said earl of Oxford, in Westminster-hall, shall have seven tickets each delivered to him or them, by the Lord Great Chamberlain's servants, if he or they personally come for them to the prince's lodgings, near the House of Peers: and if any lord desires tickets for another lord, they are to be delivered, if two lords do say such lord, they believe, will personally appear before the said Trial.' "Which said rules and methods, resolved on by the Committee, were read by the clerk. "And the first Resolution being again read, viz. "That an Address be presented to his majesty, That he will be pleased to order such guards to attend, during the Trial of the said Earl, as hath been usual in cases of trials. "The same was agreed to; and ordered to be presented to his majesty by the lords with white staves. "Then the four Resolutions next following were read a 2nd time, and severally agreed to. "And the next Resolution being also read a 2nd time; viz. "That the counsel assigned the said earl of Oxford may be present, when he is at the bar, in order to be heard, touching any point or matter of law, if any such shall arise, upon the two Articles of Impeachment exhibited against the said Earl for High Treason, or either of them; but that the said Earl may be allowed to make his full Defence, by counsel, upon the Articles for High Crimes and Misdemeanors, as well to matters of fact, as to any point or matter of law which may arise thereon." "The earl of Clarendon acquainted the House, That some doubt arising in the Com * "Memorandum. The time for the return of the coaches was altered, on considering this Report." |