"the most odious Species of that Crime: A Confpiracy, manifefted by an open Rebellion, to depofe " and murder that facred Person who sustains and "is the Majesty of the Whole; in attempting whofe "precious Life, you ftrike at the most Noble Part, "the Seat of Life, and Spring of all Motion in this "Government: Which may properly be called a "Defign, not only to murder the King, but the "whole Body Politick of the Kingdom. "Success in your Treafon muft infallibly have "eftablished Popery; which never fails to bring with "it a Civil, as well as Ecclefiaftical Tyranny; and "which can never take place till the prefent Con"ftitution is annihilated; and your Crime is the cr more aggravated, as it is complicated with that "horrid and crying Sin of murdering many, who are 66 not only innocent, but meritorious. "And if Pity be due to such as suffer for their "Crimes, a much greater Share of Compaffion is owing to them who have loft their Lives by the "Crimes of other Men: Those who promoted the "late Rebellion, have fo many Murders to an"fwer for, as there were Subjects killed. Your "Lordship will be under a great Delufion, if you "look on those who fell at Dumblain or Prefton, แ on the Side of the Laws, and in Defence of the "Government, as flain in lawful War. "Your Crime is made yet redder, in fhedding the "best Blood in the Kingdom, the brave common "Soldiers, and those gallant Heroick Officers, who "continued faithful to Death in Defence of the "Laws: What Blood can be better than that "which is fhed in the Cause of the true Religion, "and the Liberties of its Country? "Believe it, notwithstanding the unfair Arts used to ftir up a pernicious Excefs of Commiferation "towards thofe who have fallen by the Sword of Juftice, the Life of one Loyal Subject is more precious in the Eye of God, and all confidering Men, than the Lives of many Rebels and Parri 66 ⚫cides. "There is this further Malignity in your Lord"fhip's Offence of open Rebellion, That it is too "notorious to be pafs'd by unobferv'd; and a Go66 vernment is reduc'd to this Dilemma, If it be 46 not Punish'd, the State is endanger'd by giving an Example LL "Example that it may be attack'd with Impunity: "And if it be punish'd undeferv'd, Clamours are rais'd of the Cruelty of thofe in Power. The "Enemies of the Government make unfeasonable "and unlimitted Encomiums upon Mery and For"giveness, which will have an Effect upon filly and undiftinguishing People; fo that Rebels have the "Satisfaction of hurting the Government a little, even by their Fall: But a wife Government has "this Confolation, after it has temper'd Juftice "with Mercy, in fuch proportion as found Difcre"tion directs, that fuch Seeds of Difcontent take 66 root on very fhallow Soil only; and after they "have made a weak Shoot, wither and come to nothing. 66 "How confidently was it given out by the Faction, before your Lordship's Tryal, That the fur"render at Prefton was made on Affurances or Hopes of Pardon: Whereas, it appears that Fear 66 was the only Motive to it. The evil Day was "deferr'd, and the Rebels rightly judg'd, that fewer "wou'd die by the Way they chofe, than if they "had stood an Attack: They were aw'd by the "experienced Courage of the King's Troops, and "the fuperior Genius and Spirit of his Majefty's "Commanders, and were, in Truth, never flatter'd "with any other Terms than of furrendering as "Rebels and Traytors; their Lives were only fpar'd "till his Majefty's Pleasure cou'd be known. "It is a Debt due to thofe brave Soldiers, to "whom their King and Country owe more than can be exprefs'd, that their Victory fhou'd be "vindicated from Detraction, and preferv'd unful"lied by the Tongues of Rebels and their Accomplices. "And give me Leave to obferve, That this Engine of a lying Tongue, which fets the World on "Fire, has been of prodigious Ufe to the Rebels " and their Friends, not only fince and during the "Rebellion, but while it was forming. "Falfe Facts, falfe Hopes, and falfe Charac- Vol. vi. p. 58, 66 ters, have been more than half the Scheme they set out with, and yet feem to depend upon. "It has been rightly obferv'd, That your Lordship does not fo much as infift on what cou'd alone excufe you, Your being forc'd into the S 4 "Rebellion, "Rebellion, and remaining under that Force: And "if you had, it has been clearly prov'd that your "Lordship was active and forward, and fo confi"derable in a Military Capacity, as to command a " Squadron. "I fhall conclude with exhorting your Lordship, "That now the Time is come, when the Veil of "Partiality fhould be taken from your Eyes: It "must be fo when you come to die. You fhou'd "think, if poffible, with Clearners and Indifference, "which must produce a hearty deteftation of your "Crime; and as you are a Proteftant, in all Pro"bability, make you a fincere Penitent; for you were engaged in an Enterprize, which, if it had fucceeded, muft have deftroy'd your Holy Reli66 gion. It only remains, that I pronounce that "Sentence which the Law prescribes, and which "fufficiently fhews what Thoughts our Ancestors "had of the Crime you are convicted, viz. "That you, George Earl of Wintoun, return to "the Prifon of the Tower from whence you came; "from thence you must be drawn to the Place of Exe 66 cution; when you come there you must be Hang'd "by the Neck, but not till you be Dead, for you must "be cut down alive; then your Bowels must be taken 66 out, and burnt before your Face; then your Head must be fever'd from your Body, and your Body di"vided into four Quarters; and these must be at the "King's Difpofal. And God Almighty be merciful to your Soul. Then the Lord High Steward broke his Staff, and declar'd his Commiffion was diffolv'd; and the Lords adjourn'd to the House above. The Earl of Wintoun remain'd a Prisoner in the Tower till the 4th of August, 1716, when he made his Escape, and went over into France. Kalvi. p. 58. N. B. The Tryal of Francis Francia, a Jew, at the Old-Bailey, for High Treafon, Jan. 22. 1716. 2 Geo. I. being already Printed in the Abridgments, Vol. vi. Pag. 670. is here purposely omitted. PRO PROCEEDINGS in Parliament Vol. vi. p. 102. against ROBERT Earl of Ox- 1717. ON the 10th of June, 1715. Mr. Walpole mov'd The Earl of ox to impeach the Lord Viscount Bolingbroke of ford Impeach'd, High Treason, and other High Crimes and Mifde- June 10. 1715. meanors: And the fame Day, the Lord Coningsby mov'd to impeach Robert Earl of Oxford of High Treafon, and other High Crimes and Misdemeanors; which Impeachments were at length refolv'd on, but not without fome Oppofition; for feveral Members thought the Evidence, produc'd againft thefe Noble Lords, not fufficient to ground an Impeachment of High Treafon upon. On the 9th of July following, the Lord Coningsby carried up the Articles of Impeachment againit the Earl of Oxford to the Houfe of Lords, and pray'd that he might be fequeftred from Parliament, and committed to clofe Cuftody. Whereupon the Lords order'd him into the Cuftody of the Black Rod; and on the 16th of the fame Month he was committed to the Tower. or Try'd. The Commons feem'd fatisfied with the Confinement of the Earl, and did not difcover any Inclination to proceed against him. But the Earl finding his Health impair'd by lying in the Tower, petition'd the House of Peers, in May 1717. That his Impri- He Petitions the fonment might not be indefinite, but that he might Houfe of Peers either be brought to his Tryal, or difcharg'd. Upon to be Difcharg'd, the reading his Petition, it was afferted by fome Lords who were well acquainted with Parliamentary Proceedings, That the Impeachment was deftroy'd by the Prorogation that had happen'd fince the Impeachment was brought up; but upon a Divifion this Opinion was over-rul'd, though the Earl of Nottingham urg'd very ftrong Reafons for the Support 1 He is brought to Vol. vi. p. 103. Support of it, and afterwards enter'd his Protest. The Duke of Buckingham then moved to appoint a fhort Day for the Earl's Tryal; and the 13th of June being fix'd; upon the Application of the Commons, the Time was enlarg'd to the 24th, when the Lords came in the ufual Order from the Chamber of Parliament to the Court erected for the Tryal at Weftminster-Hall. The Commiffion having been read, conftituting his Tryal on the William Lord Cowper Lord Chancellor of Eng24th June, 1717. land, Lord High Steward pro hac vice, and his Lordship being afterwards placed in his Chair on the fecond Step of the Throne, with the ufua! Ceremony, the Lieutenant of the Tower was order'd to bring his Prisoner, the Earl of Oxford, to the Bar; where the Earl kneeling, after fome Time, was order'd by the Lord High Steward to rife, and then the Articles of Impeachment were read by the Clerk, entitled, Articles of Impeachment of High Treafon, and of other High Crimes and Misdemeanors, against Robert Earl of Oxford and Earl Mortimer. Articles of Impeachment. Preamble to the Articles of Impeachment. Preamble to the THE Preamble to the Article fets forth, That whereas many folemn Treaties and Alliances had been entred into between the Crown of England and other Powers, for their mutual Safety against the common Danger that threatened Europe from the immoderate Growth of the Power of France; And whereas, the preventing the Monarchy of Spain falling into the Hands of the House of Bourbon, had occafioned feveral Treaties among the Allies, particularly, the Partition Treaty, whereby a fmalí Part only of the Dominions of Spain was allotted to the House of Bourbon, was condemn'd by Parliament as fatal to the Peace of Europe; And whereas the Duke of Anjou, Grandfon to the French King, on the demife of Charles II. King of Spain, took Poffeffion of the whole Spanish Monarchy; whereby the Balance of Power, the Proteftant Religion, and the Liberties of Europe were endangered; and thereupon the late Emperor Leopold, King William III. and the States-General, did in the Year 1701. enter into an Alliance for procuring an equitable and reasonable Satisfaction to his Imperial Majefty, for |