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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 bad more Time to confider of them.' After a Debate of about an Hour and a half, the Question 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 House might be fatisfied, whether the Charge contain❜d in the faid Articles amounted to Treafon. The Lords Trevor and Harcourt, the Dukes of Shrews bury 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 a" mount to Treafon, the faid Lord would ftand prejudged before he was brought to his Trial.' After fome other Speeches, the Question was put upon the Motion beforemention'd, and carried in the Negative by 84 Voices againft 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

I

My LORD,

I is a very great Misfortune for any Man to fall under the Difpleasure of fo 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 Ministry, and must 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 this Misfortune, that I have the Honour to be a Member of this august fembly: An Affembly which always fquares their Proceedings and Judgments by the Rules of Honour, Juftice 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, befides the Fatigue of this long Sitting, I shall contract what I have to fay 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 the Peace are as good as could be expected, confidering the Circumstances wherein it was made, and the Backwardness and Reluctancy which some 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 fucc ffive Parlaments. It is indeed fuggefted against this Peace, that it was a separate 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 towards 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 step aside: 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 juftify'd in my own Confcience, and unconcern'd for the Life of an infignificant old Man. But I cannot, without the highest 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 she pursued, to my dying Breath.

My

My LORD,

If Minifters of State, acting by the immediate Commands of their Sovereign, are afterwards to be made accountable for their Proceedings, it may one Day or other be the Case of all the Members of this auguft Affembly: I don't doubt, therefore, that out of Regard to your felves, your Lordships will give me an equitable Hearing; and I hope that, in the Profecution of this Enquiry, it will appear, that I have merited not only the Indulgence, but likewife the Favour of the Government.

My LORD,

I am now to take my Leave of your Lordship, and of this honourable Houfe, perhaps for ever! I shall lay down my Life with Pleafure, in a Cause favour'd by my late dear Royal Miftrefs. And when I confider that I am to be judged by the Fuftice, Honour and Virtue of my Peers, I shall acquiefce, and retire with great Content: And, my Lords, God's Will be done.

Before the Queftion for committing the Earl of Oxford to fafe Cuftody was put, the Duke of Shrewsbury acquainted the Houfe, that the faid Earl was, at prefent, very much indifpos'd with the Gravel; and therefore he hoped the Houfe would not immediately fend him to the Tower, but fuffer him to be, for two or three Days, under the Cuftody of the Black-Rod at his own Houfe, where he might have the Attendance and Affiftance of his Relations and Servants: That however, he (the Duke of Shrewf bury) did not propofe this as a Motion, because he was against committing him at all; but only left it to the Confideration of the Houfe. His Grace was feconded by the Earl of Poulet, and no Oppofition being made by the other Party, the Earl of Oxford withdrew, leaving Word with the Ufher of the Black-Rod, that he would be at Home. After this the Question was put, that the faid Earl be committed to fafe Cuftody, which carried in the Affirmative, by 82 Voices against 50; and fo the Houfe rofe about a Quarter paft one in the Morning, when the Ufher of the Black-Rod went to the Earl of Oxford's Houfe; communicated to him the Order of the House of Peers, for taking him into Custo dy; and left fome of his Officers for that Purpose in his Lordship's House. It was obferv'd that when the Earl of Oxford went home, he was attended by a Mob that cry'd out high Church, Ormond and Oxford for ever, r. It was likewife obferv'd, that of twenty Bishops who were that Day in the House, fix only were for the Earl of Oxford, viz. Sir William Dawes Archbishop of York, Dr.

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John Robinfon Bishop of London, Dr. Francis Atterbury Bishop of Rochester, Dr. George Smalridge Bishop of Bristol, Dr. Francis Gafrel Bishop of Chester, and the Lord Crew Bishop of Durham.

July the 11th, the Lord Coningsby acquainted the Commons, that he did the Saturday before, at the Bar of the Houfe of Lords, impeach Robert Earl of Oxford and Earl Mortimer of High Treafon, and other High Crimes and Mifdemeanours, and deliver'd in the Articles of Impeachment against him; and did pray and demand that the faid Earl might be fequefter'd from Parliament, and forthwith committed to fafe Cuftody. The fame Day the Lords order'd, that the Earl of Oxford be brought to the Bar of their House the next Morning, in order to be fent to the Tower; and then their Lordships fent a Meffage to the Commons, to acquaint that honourable House, that the Lords had order'd the Black-Rod to attach and take into fafe Cuftody Robert Earl of Oxford and Earl Mortimer; and that the Black-Rod had returned to the Lords, that he had accordingly attach'd the said Earl, and had him now in safe Custody.'

On the 12th of July, the Earl of Oxford was, according to Order, brought to the Bar of the Lords House, where, having receiv'd a Copy of the Articles of Impeachment against him, he reprefented to their Lordships, that the ableft Men in the Nation had been many Weeks in drawing up thofe long Articles against him; and therefore he hoped the Houfe would allow him a pro'portionable Time to answer them. His Lordship took that Occafion to return their Lordships his hearty Thanks for their great Humanity in not fending him to the Tower the Saturday before; and as he ftill labour'd under the fame Indifpofition of Body, he humbly defired their Lordships to permit him to continue fome few Days more at his own Houfe under the Cuftody of the Black-Rod, The Earl of Oxford being withdrawn to the Black-RodRoom, the Lords refolv'd to allow him a Month to anfwer the Articles of Impeachment; and as to his last Requeft, Dr. Mead, one of his Lordship's Phyficians being confulted, and having made Affidavit, that if the Earl were fent to the Tower his Life would be in Danger, a Motion was made, that he might continue in his Houfe till the Monday following; but this was oppofed, and after a warm Debate, it was carried by 81 Voices against 55, that he should be carried into the Tower, on Saturday the 16 of July. The most remarkable Paffage in this

Day's

Day's Debate, was as follows; the Earl of Anglesea having faid, that it was to be feared, thefe violent Measures would make the Scepter shake in the King's Hands. Most of the Members were offended at this Suggeftion, and fome cry'd the Tower, and others only to Order. The Earl of Sutherland faid, He trembled with Indignation to hear 'fuch Words pronounc'd in that noble Affembly; that if they had been spoke any where elfe, he would call the Perfon that fpoke them to an Account; but all he 'could do there was to move that he might explain him'felf.' The Earl of Sutherland was feconded by the Duke of Roxburgh, who, among other Things faid, that the Scepter was fo well rivited in the King's Hand, that inftead of shaking, it would crush all His Majesty's Enemies. The Earl of Berkley, and fome other Lords back'd also the Earl of Sutherland's Motion: Whereupon the Earl of Anglefea ftood up and faid, That it was but roo manifeft by the Riots that were daily committed in feveral Parts of the Kingdom, that the Nation in general was against thefe Impeachments. That for his own Part, he was fo far from approving thofe tumultuous Affemblies and Disorders that he rather wish'd a stop might speedily be put to them, by exemplary Panifhments. That he had on feveral Occafions, given fufficient Proofs of his Zeal and Affection for the Revolution and the Proteftant Succeffion. That what he had now advanc'd, was the Refult of the fame Zeal for the Peace and Profperity of his Majefty's Reign: However, if he had been fo unhappy as by any unguarded or paffionate Expreflion, to give Offence to that august Affembly, he was very forry for it. Notwithstanding this Apology, fome Members were enclin❜d to have his Lordship fent to the Tower, but the very Words he had spoken not having been taken down in Writing, the Houfe admitted his Lordship's Explanation; and fo that Matter went no further. It is obfervable, that on this Occafion, befides the fix Bishops before-mention'd, Dr. George Hooper Bishop of Bath and Wells, and Dr. Adam Otely Bilhop of St. David's voted for the Earl of Oxford. The Houfe of Peers having met on the 15th of July they adjourn'd to the 18th, to avoid, as 'twas generally furmifed, any fresh Motion which the Earl of Oxford's Friends might make, for deferring his being fent to the Tower, whither, according to Order, he was carried by the Ufher of the Black-Rod on Saturday July 16th, about 8 a-Clock in the Evening, in his Lordship's Chariot, attended by two Hackney Coaches, in which were the

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