EARL OF OXFORD SENT TO THE TOWER.
When the articles against the earl of Oxford were read in the house, a warm debate arose upon the eleventh, by which he was charged with having advised the French king in what manner Tournay might be gained from the states-general. The question being put, whether this article amounted to high-treason; sir Robert Raymond, formerly solicitor-general, maintained the negative, and was supported not only by sir William Wyndham and the tories, but also by sir Joseph Jekyll. This honest patriot said it was ever his principle to do justice to every body, from the highest to the lowest; and that it was the duty of an honest man never to act by a spirit of party; that he hoped he might pretend to have some knowledge of the laws of the kingdom; and would not scruple to declare, that in his judgment the charge in question did not amount to high-treason. Mr. Walpole answered with great warmth, that there were several persons both in and out of the committee, who did not in the least yield to that member in point of honesty, and who were superior to him in the knowledge of the laws, yet were satisfied that the charge specified in the eleventh article amounted to high-treason. This point being decided against the earl, and the other articles approved by the house, lord Conningsby, attended by the whig members, impeached the earl of Oxford at the bar of the house of lords, demanding at the same time that he might be sequestered from parliament, and committed to safe custody. A motion was made, that the consideration of the articles might be adjourned. After a short debate the articles were read; then the tory lords moved that the judges might be consulted. The motion being rejected, another was made, that the earl should be committed to safe custody. This occasioned another debate, in which he himself spoke to the following purpose: that the whole charge might be reduced to the negotiations and conclusions of the peace; that the nation wanted a peace, he said, nobody would deny; that the conditions of the peace were as good as could be expected, considering the backwardness and reluctancy which some of the allies showed to come into the queen’s measures; that the peace was approved by two successive parliaments; that he had no share in the affair of Tournay, which was wholly transacted by that unfortunate nobleman who has thought fit to step aside; that for his own part, he always acted by the immediate directions and commands of the late queen, without offending against any known law; and, being justified by his own conscience, was unconcerned for the life of an insignificant old man; that, if ministers of state, acting by the immediate commands of their sovereign, are afterwards to be made accountable for their proceedings, it might one day or other be the case with all the members of that august assembly; that he did not doubt their lordships, out of regard to themselves, would give him an equitable hearing; and that in the prosecution of the inquiry it would appear he had merited not only the indulgence, but even the favour of his government. “My lords,” said he, “I am now to take my leave of your lordships, and of this honourable house, perhaps for ever; I shall lay down my life with pleasure in a cause favoured by my late dear royal mistress. When I consider that I am to be judged by the justice, honour, and virtue of my peers, I shall acquiesce, and retire with great content; and, my lords, God’s will be done.” The duke of Shrewsbury having acquainted the house that the earl was very much indisposed with the gravel, he was suffered to remain at his own house in custody of the black-rod; in his way thither he was attended by a great multitude of people crying, “High-church, Ormond and Oxford for ever!” Next day he was brought to the bar; where he received a copy of the articles, and was allowed a month to prepare his answer. Though Dr. Mead declared that if the earl should be sent to the Tower his life would be in danger, it was carried, on a division, that he should be conveyed thither on the sixteenth day of July. During the debate, the earl of Anglesea observed, that these impeachments were disagreeable to the nation, and that it was to be feared such violent measures would make the sceptre shake in the king’s hands. This expression kindled the whole house into a flame. Some members cried, “To the Tower!” some, “To order!” The earl of Sunderland declared, that if these words had been spoken in another place, he would have called the person that had spoken them to an account; in the meantime he moved that the noble lord should explain himself. Anglesea, dreading the resentment of the house, was glad to make an apology; which was accepted. The earl of Oxford was attended to the Tower by a prodigious concourse of people, who did not scruple to exclaim against his persecutors. Tumults were raised in Staffordshire, and other parts of the kingdom, against the whig party, which had depressed the friends of the church and embroiled the nation. The house of commons presented an address to the king, desiring that the laws might be vigorously executed against the rioters. They prepared the proclamation-act, decreeing, that if any persons to the number of twelve, unlawfully assembled, should continue together one hour after having been required to disperse by a justice of peace or other officer, and heard the proclamation against riots read in public, they should be deemed guilty of felony without benefit of clergy.
GEORGE I, 1714—1727
THE KING DECLARES TO BOTH HOUSES THAT A REBELLION IS BEGUN.
When the king went to the house of peers on the twentieth day of July, to give the royal assent to this and some other bills, he told both houses that a rebellion was actually begun at home; and that the nation was threatened with an invasion from abroad. He therefore expected that the commons would not leave the kingdom in a defenceless condition, but enable him to take such measures as should be necessary for the public safety. Addresses in the usual style were immediately presented by the parliament, the convocation, the common-council and lieutenancy of London, and the two universities; but that of Oxford was received in the most contemptuous manner; and the deputies were charged with disloyalty, on account of a fray which had happened between some recruiting officers and the scholars of the university. The addresses from the kirk of Scotland, and the dissenting ministers of London and Westminster, met with a much more gracious reception. The parliament forthwith passed a bill, empowering the king to secure suspected persons, and to suspend the habeas-corpus act in that time of danger. A clause was added to a money-bill, offering the reward of one hundred thousand pounds to such as should seize the pretender dead or alive. Sir George Byng was sent to take the command of the fleet. General Earle repaired to his government of Portsmouth; the guards were encamped in Hyde-park; lord Irwin was appointed governor of Hull, in the room of brigadier Sutton, who, together with lord Windsor, the generals Ross, Webb, and Stuart, were dismissed from the service. Orders were given for raising thirteen regiments of dragoons, and eight of infantry; and the trained bands were kept in readiness to suppress tumults. In the midst of these transactions, the commons added six articles to those exhibited against the earl of Oxford. Lord Bolingbroke was impeached at the bar of the house of lords by Mr. Walpole. Bills being brought in to summon him and the duke of Ormond to surrender themselves by the tenth of September, or, in default thereof, to attaint them of high treason, they passed both houses and received the royal assent. On the last day of August, the commons agreed to the articles against the earl of Strafford, which being presented to the house of lords, the earl made a speech in his own vindication. He complained that his papers had been seized in an unprecedented manner. He said, if he had in his letters or discourse dropped any unguarded expressions against some foreign ministers, while he had the honour to represent the crown of Great Britain, he hoped they would not be accounted criminal by a British house of peers; he desired he might be allowed a competent time to answer the articles brought against him, and have duplicates of all the papers which had either been laid before the committee of secrecy, or remained in the hands of government, to be used occasionally in his justification. This request was vehemently opposed by the leaders of the other party, until the earl of Hay represented that, in all civilized nations, all courts of judicature, except the inquisition, allowed the persons arraigned all that was necessary for their justification; and that the house of peers of Great Britain ought not, in this case, to do any thing contrary to that honour and equity for which they were so justly renowned throughout all Europe. This observation made an impression on the house, which resolved that the earl should be indulged with copies of such papers as he might have occasion to use in his defence.
DUKE OF ORMOND AND LORD BOLINGBROKE ATTAINTED.
On the third day of September, Oxford’s answer was delivered to the house of lords, who transmitted it to the commons. Mr. Walpole, having heard it read, said it contained little more than a repetition of what had been suggested in some pamphlets and papers which had been published in vindication of the late ministry; that it was a false and malicious libel, laying upon his royal mistress the blame of all the pernicious measures he had led her into, against her own honour, and the good of his country; that it was likewise a libel on the proceedings of the commons, since he endeavoured to clear those persons who had already confessed their guilt by flight. After some debate, the house resolved, that the answer of Robert earl of Oxford should be referred to the committee appointed to draw up articles of impeachment, and prepare evidence against the impeached lords; and that the committee should prepare a replication to the answer. This was accordingly prepared and sent up to the lords. Then the committee reported, that Mr. Prior had grossly prevaricated on his examination, and behaved with great contempt of their authority. The duke of Ormond and lord viscount Bolingbroke having omitted to surrender themselves within the limited time, the house of lords ordered the earl-marshal to raze out of the list of peers their names and armorial bearings. Inventories were taken of their personal estates; and the duke’s achievements, as knight of the garter, were taken down from St. George’s chapel at Windsor. A man of candour cannot, without an emotion of grief and indignation, reflect upon the ruin of the noble family of Ormond, in the person of a brave, generous, and humane nobleman, to whom no crime was imputed but that of having obeyed the commands of his sovereign. About this period the royal assent was given to an act for encouraging loyalty in Scotland. By this law the tenant who continued peaceable while his lord took arms in favour of the pretender, was invested with the property of the lands he rented; on the other hand, it was decreed that the lands possessed by any person guilty of high treason should revert to the superior of whom they were held, and be consolidated with the superiority; and that all entails and settlements of estates, since the first day of August, in favour of children, with a fraudulent intent to avoid the punishment of the law due to the offence of high treason, should be null and void. It likewise contained a clause for summoning suspected persons to find bail for their good behaviour, on pain of being denounced rebels. By virtue of this clause all the heads of the jacobite clans, and other suspected persons, were summoned to Edinburgh; and those who did not appear were declared rebels.