feparate Measures were thenceforth carried on by the faid Robert Earl of Oxford and Earl Mortimer, and his Accomplices, on Behalf of her Majefty with the Minifters of France, even to the Conclufion of the Peace with France. Her Majefty was further prevail'd on by the wicked Advice of him the faid Robert Earl of Oxford and Earl Mortimer, in her Speech of June 6, 1712, to declare, that to prevent the Union of the two Crowns, he would not be content with what was fpeculative, but infifted upon fomething folid: And in the fame Speech to the Effect following, viz. The Nature of the Propofal for a Renuncia tion is fuch, that it executes it self, and France and Spain are thereby more effectually divided than ever: Whereas the Minifters of France had before that Time affured the Minifters of her Majefty, that to accept of the Expedient propofed on her Majesty's Behalf, would be to build on a fandy Foundation; and that the Renunciation would be null and void by the fundamental Laws of France; and that they would deceive themselves, who accepted it as an Expedient to prevent the Union of the two Crowns, And not only in the Particulars before-mentioned, but in many others contained in the faid feveral Speeches and Meffages made and fent to her Parliament, even while the faid Negociations of Peace with France were depending, the most essential Points relating to Peace and Commerce, and which concerned the Intereft as well of the Allies as of Great Britain, weré grofly mifreprefented. By all which wicked, treacherous, and unexampled evil Councils, he the said Robert Earl of Oxford and Earl Mortimer did most bafely, ungratefully, and scandalously abuse the Favour of his Royal Mistress, and by means of her Authority did mislead her Parliament into groundless and fatal Refolutions; and thereby not only prevented the juft Advice of the Parliament to her Majesty in that critical Juncture, but obtained the Approbation of Parliament to his mysterious and dangerous Practices; and did not only deprive her Majefty of the Confidence and Affection of her Allies, but expofed her Majefty and her People to the Contempt of the common Enemy.

4

Art. XVI. That whereas the faid Robert Earl of Oxford and Earl Mortimer, having on all Occafions used his utmoft Endeavours to fubvert the ancient established Conftitution of Parliaments, the great and only Security of the Prerogative of the Crown, and of the Rights, Liberties, and Properties of the People; and being moft wickedly determined at one fatal Blow, as far as in him lay, to

destroy

deftroy the Freedom and Independency of the House of Lords, the great Ornament and nearest Support of the Imperial Crown of thefe Realms, and falfly intending to dif guife his mifchievous Purposes under a pretended Zeal for the Prerogative of the Crown; he the faid Robert Earl of Oxford and Earl Mortimer, on or about the Months of December or Fanuary, 1711, whilft the House of Lords were under an Adjournment, and had Reafon to expect that on their next Meeting Matters of the higheft Importance would be communicated to them from the Throne, they having fome few Days before given their humble Opinion and Advice to her Majesty, That no Peace could be fafe or honourable to Great Britain or Europe, if Spain and the Weft-Indies were to be allotted to any Branch of the House of Bourbon; being then Lord High Treasurer of Great Britain, and one of her Majefty's Privy Council, and assuming to himself an arbitrary Direction and Controul in her Majefty's Councils, contrary to his Duty and his Oath, and in Violation of the great Truft repofed in him, and with an immediate Purpose to render ineffectual the many earnest Reprefentations of her Majefty's Allies against the faid Negociations of Peace, as well as to prevent the good Effects of the faid Advice of the House of Lords; and in order to obtain such further Resolutions of that Houfe of Parliament on the important Subject of the Negociations of Peace, as might shelter and promote his fecret and unwarrantable Proceedings, together with other falfe and evil Counsellors, did advife her Majefty to make and create twelve Peers of this Realm, and Lords of Parliament; and pursuant to his destructive Counfels, Letters Patents did forthwith pafs, and Writs iffued, whereby twelve Peers were made and created: And did likewife advife her Majefty immediately to call and fummon them to Parliament; which being done accordingly, they took their Seats in the House of Lords on or about the 2d of January 1711, to which Day the Houfe then food adjourned. Whereby the faid Robert Earl of Oxford and Earl Mortimer did moft highly abuse the Influence he then had with her Majefty, and prevailed on her to exercife, in the most unprecedented and dangerous Manner, that vas luable and undoubted Prerogative, which the Wisdom of the Laws and the Conftitution of this Kingdom hath entrufted with the Crown for the rewarding fignal Virtue and distinguished Merit. By which defperate Advice he did not only, as far as in him lay, deprive her Majefty of the Countenance of those seasonable and wholefome Coun

fels in that critical Juncture, but wickedly perverted the true and only End of that great and useful Prerogative, to the Dishonour of the Crown, and the irreparable Mifchief to the Conftitution of Parliaments. All which Crimes and Misdemeanours, committed and done by him the faid Earl against our late Sovereign Lady the Queen, her Crown and Dignity, the Peace and Interest of this Kingdom, and in Breach of the feveral Trufts repofed in him the faid Earl, and he the faid Earl of Oxford and Earl Mortimer was Lord High Treasurer of Great Britain, and one of her Majesty's Privy Council during the Time that all and every the Crimes before fet forth were done and committed. For which Matters and Things, the Knights, Citizens, and Burgeffes of the House of Commons in Parliament affembled, do, in the Name of themfelves, and of all the Commons of Great Britain, impeach the faid Robert Earl of Oxford and Earl Mortimer of High Treafon, and other High Crimes and Mifdemeanours in the faid Articles contained. And the faid Commons by Proteftation faving to themselves the Liberty of exhibiting, at any Time hereafter, any other Accufations or Impeachments against the faid Earl, and alfo of replying to the Anfwers which the faid Robert Earl of Oxford and Earl Mortimer fhall make to the Premifes, or any of them, or to any Impeachment or Accufation that thall be by them exhibited, according to the Courfe and Proceedings of Parliament, do pray that the faid Robert Earl of Oxford and Earl Mortimer be put to answer all and every the Premifes; and that fuch Proceedings, Examinations, Trials and Judgments may be upon them, and every of them had and used, as fhall be agreeable to Law and Justice. And they do further pray and demand, that the faid Robert Earl of Oxford and Earl Mortimer may be fequeftred from Parliament, and forthwith committed to fafe Custody.

Affoon as the Lord Conningsby, and the Commoners that accompanied him, were withdrawn, a Lord moved, that the Confideration of the Articles of Impeachment be adjourn'd to the Monday following, and was back'd by feveral Peers; particularly by Dr. Francis Atterbury, Bishop of Rochefter, who urged, That this Accufation was of fo extraordinary a Nature, and fo very important, both in it felf and its Confequences, that the House ought to proceed on it with the utmoft Caution and Deliberation.' Bit he was fmartly anfwer'd, by a Scotch Duke, who, among other Things, faid, It was well known, the Pre

<late

late who spoke laft, had, of late, ftudy'd more Politicks than Divinity; and was thoroughly acquainted with the 'Subject Matter of the Articles, that lay before them; and therefore did not doubt, but his Lordship was now as ready to speak to them, as he could ever be, if he had more Time to confider of them. After a Debate of about an Hour and a half, the Queftion for adjourning was put, and carried in the Negative, by a Majority of 86 Voices against 54; and thereupon the Articles of Impeachment were read, which took up till about eight in the Evening. Then a Motion was made, (by the fame Side that was for adjourning) that the Judges be confulted; that the Houfe might be fatisfied, whether the Charge contain❜d in the faid Articles amounted to Treafon. The Lords Trevor and Harcourt, the Dukes of Shrewfbury and Leeds, the Earl of Poulet, the Lord North and Grey, the Bishop of Rochester, and fome other Peers of that Side, were for the Affirmative; but the Lord Cowper, Lord Chancellor, the Dukes of Argyle and Montrofs, the Earls of Nottingham, Sunderland, Dorfet and Ifla, the Lord Viscount Townshend, and fome other Lords of the Court Party spoke for the Negative. The Lord Trevor having gone fo far as to declare his Opinion, that none of the Articles amounted to High Treafon; he was anfwer'd by the Lord Cowper, who urged the contrary, and challenged all the Lawyers in England to difprove his Arguments. Nevertheless, the Tory Lords ftill infifting on the confulting of the Judges, the Earl of Nottingham reprefented to them, that inftead of favouring thereby the noble Perfon who had the Misfortune to be impeach'd, as undoubtedly they meant it, they might on the contrary do him a great Prejudice; for if, upon confulting the Judges, they declared the Charge to amount to Treafon, the faid Lord would ftand prejudged before he was brought to his Trial.' After fome other Speeches, the Queftion was put upon the Motion beforemention'd, and carried in the Negative by 84 Voices against 52, And then it was moved by the Court Party, that the Earl of Oxford be committed to fafe Cuftody, which occafion'd a fresh Debate. Several Peers of both Sides having declared their Opinion upon that Motion, the Earl of Oxford thought it high Time for him to speak for himself, which he did to this Effect:

My

My LORD,

T is a very great Misfortune for any Man to fall under the Displeasure of so great and so powerful a Body as the Commons of Great Britain; and this Misfortune is the heavier upon me, because I had the Honour to be placed at the Head of the late Miniftry, and muft now, it seems, be made accountable for all the Measures that were then pursued: But on the other Hand, 'tis a very great Comfort to me under thi Misfortune, that I have the Honour to be a Member of this august fembly: An Affembly which always squares their Proceedings and Judgments by the Rules of Honour, Fuftice and Equity; and is not to be byafs'd by a Spirit of Party. My LORD,

I could fay a great deal to clear my self of the Charge which is brought against me: But as I now labour under an Indifpofition of Body, besides the Fatigue of this long Sitting, I shall contract what I have to say within a very narrow Compass. This whole Accufation may, it seems, be reduced to the Negociation and Conclufion of the Peace: That the Nation wanted a Peace, nobody will deny; and I hope it will be as easily made out, that the Conditions of this Peace are as good as could be expected, confidering the Circumftances wherein it was made, and the Backwardness and Reluctancy which fome of the Allies fhew'd to come into the Queen's Measures. This is certain, that this Peace, as bad as it is now reprefented, was approved by two fucceffive Parliaments. It is indeed fuggefted against this Peace, that it was a feparate one; but I hope, my Lord, it will be made appear, that it was general; and that 'twas France, and not Great Britain, that made the first Steps to wards a Negociation. And, my Lord, I will be bold to say, that during my whole Adminiftration, the Sovereign upon the Throne was loved at Home, and feared Abroad.

As to the Bufinefs of Tournay, which is made a capital Charge, I can fafely aver, that I had no manner of Share in it; and that the fame was wholly tranfacted by that unfortunate Nobleman who thought fit to ftep afide; But I dare say in his Behalf, that if this Charge could be proved, it would not amount to Treafon. For my own part, as I always acted by the immediate Directions and Commands of the late Queen, and never offended against any known Law, I am justify'd in my own Confcience, and unconcern'd for the Life of an infignificant old Man. But I cannot, without the higheft Ingratitude, be unconcern'd for the best of Queens: A Queen who heap'd upon me Honours and Preferments, tho' I never ask'd for them; and therefore I think my self under an Obligation to vindicate her Memory, and the Measures fhe pursued, to my dying Breath.

My