"And the said knights, citizens, and burgesses, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any further Articles, or other Accusation or Impeachment, against the said Thomas earl of Macclesfield, and also of replying to his Answers which he shall make unto the said Articles, or any of them, and of offering proof to all and every the aforesaid Articles, and to all and every other Articles, Impeachment, or Accusation, which shall be exhibited by them, as the case shall according to the course of parliament require, do pray, that the said Thomas . earl of Macclesfield may be put to answer the said Crimes and Misdemeanors; and that such proceedings, examinations, trials, and judg ments, may be thereupon had and given, as is agreeable to law and justice."

Which being ended;

The earl of Macclesfield desired a copy thereof might be delivered to him; and said, He would put in his Answer as soon as he could. And then his lordship desired, That Mr. Reeves, Mr. Lingard, Mr. Robyns, and Mr. Strange, might be assigned him for his counsel.-Ordered accordingly.

THE EARL OF MACCLESFIELD'S ANSWER TO THE ARTICLES OF IMPEACHMENT.] April 8. The Earl of Macclesfield presented to the House of Lords his Answer to the Articles of Impeachment exhibited against him by the House of Commons: Which was read, as follows:

to be receiver of the rents and profits of the said infant's estate, and approved by Robert Holford, esq. one of the Masters of the said Court, for that purpose, and who had given sufficient security for the due execution of his said trust) from the management and receivership of the said infant's estate; and did, by such orders, unduly and injuriously nominate and appoint Robert Doyley, esq. a creature and confidant of his own, and a person altogether unfit and unqualified for so great a trust, to be receiver of the rents and profits of the said in fant's estate, and to have a salary for the same, with a power to let such part of the said estate as was or should become untenanted, with the approbation of the said Robert Holford; although the said Rachel Tyssen did expressly object unto and oppose such appointment of the said Robert Doyley, and did insist to have the benefit and exercise of her right in that respect, as the guardian appointed and entrusted by her late husband; and the said Robert Doyley, after he was so admitted into the said receivership, did for several years receive the rents and profits of the said infant's estate, to the amount of about 10,000l. or other great aum, and in his life-time did embezzle and convert to his own use great part thereof; and in or about the month of November, 1722, died insolvent, and indebted to the said infant and his estate in the sum of 2,600l. or other great sum, upon the balance of his accompt, no part whereof has hitherto been satisfied or paid: And the said Thomas earl of Macclesfield, in further abuse of his power, and in contempt of the laws and statutes of this realm, when, upon debate of the matter in the said Court of Chancery before the said earl, being then Lord Chancellor, in the month of January or February in the fifth year of his Majesty's reign, or in one of them, it was insisted upon, in behalf of the said Rachel Tyssen, by her counsel of great ability and experience in the said Court, That such the proceedings of the said earl as Lord Chancellor, were a reviving the power of the Court of Wards, and were not "The said Earl, saving to himself all advansupported or warranted by any precedent in tage of exception to the said Articles, and of the Court of Chancery; he the said Thomas not being prejudiced by any words or want of earl of Macclesfield, then sitting in the Court form in this his Answer; and also saving to as Lord Chancellor, did not only persist in himself all benefit and advantage of the act for Buch his appointment of the said Robert Doy- the King's most gracious, general, and free ley, but did also arbitrarily, and in defiance of pardon, herein after mentioned, and all rights the said good and beneficial statute, say and and privileges belonging to him as one of the declare, in open Court, That then he would peers of this realm; for Answer to the said make a precedent in that instance; or he articles, saith, That, he having for several the said earl declared and expressed himself to years executed the office of chief justice in the that effect; which actings, proceedings, and court of King's-bench, his Majesty, of his declarations of the said earl, have been and royal grace and favour, was pleased, the tenth were not only very injurious and prejudicial to day of March 1715, to advance the said earl the right and interest of the said Rachel Tyssen to the dignity of a peer of this realm, and as guardian, and to the great damage and loss created him baron of Macclesfield; and, in of the infant Francis John Tyssen, and a noto-regard to his circumstances at that time, was rious violation of property; but were also a dangerous exercise of illegal and arbitrary power, to the destruction of the laws and constitution of this realm, in manifest breach of his oath as Lord Chancellor, and in great abuse of his authority.

"The ANSWER of THOMAS Earl of MACCLESFIELD, to the Articles exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of Great Britain, in Maintenance of their Impeachment against him for high Crimes and Misdemeanors supposed to have been by him committed.

further pleased, for the better support of that honour, to grant to the said earl the pension of 1,2001. per annum, in the Articles mentioned, payable at the receipt of the Exchequer; and his Majesty was then likewise pleased to de

court, to them the said Mr. Bennet and Mr. Godfrey; which was afterwards, upon their waiving thereof, granted to Mr. Paxton, as the said earl believes: But the said Earl thought it proper and necessary to admit another Master in his place, to carry on the business of the court, and to be entitled to demand the ef

sents in money upon the admission of the several and respective officers under them in several courts of justice; and who, the said earl is assured, never apprehended themselves to be guilty of any crime against any the good and wholesome laws or statutes of this realm.

:

the said Mr. Borret when one should be appointed; and therefore, about the 5th day of August last, did admit and swear Mark Thurston esquire into the said office, vacant by the death of the said Borret; and the said Eart admits the said Mark Thurston did, upon that occasion, freely and voluntarily, and of his own accord, send a present; whereof 2,000l., and no more, were retained.

"To the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Articles; the said earl fur-fects of the suitors from the representative of ther saith, That, long before the 24th of July 1721, he did admit and swear Richard Godfrey, James Lightboun, John Borret, and Edward Conway, esquires, into the offices of Masters of the Court of Chancery and every oue of them did, freely and voluntarily, and of their own accord, as former Masters had done to the predecessors of the said earl, send to the said earl a present upon occasion of their respective admittances, which the said earl accepted: And that, after the said 24th day of July 1721, he did admit and swear William Kynaston, Thomas Bennet, and Francis Elde, into the offices of Masters of the Court of Chancery; and saith, that every of the said persons last named did, freely and voluntarily, and of their own accord, in like manner, send a present to the said earl, upon occasion of their respective admittances: Bnt saith, That, it being pretended by the said Kynaston and Bennet, that hey were by such presents disabled from anwering so much of the money due from them to the suitors of the court, he the said earl did, afterwards and before the impeachment, deliver the present so sent him by the said William Kynaston, being 15757, and also the present so sent him by the said Thomas Bennet, being the like sum of 15757. into the Court of Chancery, in open court, to be applied for the benefit of the suitors, as the Court should direct; and that the said earl retained of the present so sent him by the said Francis Elde, no more than the sum of 1850l.

"IX. In Answer to the Ninth Article; the said Earl saith, That he believes Thomas Ben net, esq., in this Article named, was possessed of the office of Clerk of the Custodies, in the Article described, and that such office is in the gift and disposal of the crown, by grant under the great sea; but denies that he did, at any time, insist upon the sum of 105., or any other sum of money, to permit or accept of the resignation of the said Thomas Bennet, or did refuse to permit or accept thereof until the said Thomas Bennet had agreed to pay the same, or any other sum on that account: But saith, That although the said office be usually granted by the crown, yet it has always been looked upon to be the right of the Lord Chancellors, or Lord Keepers, to recommend to that and other offices under the Great Seal, and to approve and allow of the deputies to execute the same; and, upon such recommendations and approving of deputies, have accepted presents, and looked upon the same as their right. And further saith, That there have been two of such offices granted in his time, one of which appearing to him to be a case wherein the party had suffered great hardship, the said Earl passed the same without any present whatsoever, though the office be of considerable value; the other was the case of Mr. Hamersley, in the Articles mentioned, in which the said Earl owns he did accept a present.

VIII. To the Eighth Article; the said Earl further saith, That, in July last, the office of one of the Masters of the said Court became vacant by the death of John Borret esquire, who died intestate, but whether solvent or not he cannot say; but, upon notice of his death, the said earl did at first desire Richard Godfrey esquire, one of the Masters of the said court, who had been very well acquainted with the "X. In Answer to the Tenth Article; the said Mr. Borret and his affairs, and afterwards said Earl saith, The same is conceived in such the said Mr. Godfrey and John Bennet esquire, general terms, that it is not to be expected he another of the Masters of the said court, to inshould give any particular answer thereto : quire into his effects, and to take what care However, he saith, That, during the whole time they could about the same; who, after some of his being Lord Chancellor, he never once inquiry, informed the said earl, "that they be took any money, present, or gratuity whatso lieved there would be no deficiency;" and seever, for or upon account of the naming, makcured a considerable part of the effects of, or admitting any officer whatsoever, the said Mr. Borret; and entered a proper caveat in the prerogative court, to prevent administration being granted to any persons who might embezzle the said Borret's estate; and afterwards, at the request of the said earl, proceeded so far as to obtain a sentence in the said prerogative court, for administration to be granted, for the benefit of the suitors of the

in the Cursitor's office, where he owns he has other than before particularly named, except done as was done by all his predecessors be

fore him.

"XI. In Answer to the Eleventh Article; the said Earl saith, That, the same not containing any particular charge, he apprehends himself not obliged to give any particular an

swer thereto;. but however, in general, does say, That he never did admit any person into the office of a Master of the Court of Chancery but who was either known to be of substance and ability, and fit to be trusted in such office, or, upon a proper inquiry, very well recommended to him as such; and whenever there have been several candidates, the said Earl has constantly given the preference to him that he thought would best discharge the office, and most for the honour of the Court, and the advantage of the suitors; and believes that he may, upon some occasions, have declared, "That he thought the then body of Masters as good, with respect both to their estates and ability for discharge of the office, and their integrity, as had been at any time before;" or to that effect; and what he did say to that purpose, he thought to be really true.

«XII. To the Twelfth Article; the said Earl saith, That if there was any such practice as is mentioned in the Article, of paying for the places of the Masters out of the money and effects belonging to the suitors of the Court, he was totally ignorant of it; but admits, that he did not, nor did any of his predecessors that ever he beard or believes, give any particular directions for schedules to be made of the money and effects of the suitors of the Court, to be delivered over to the succeeding Masters; but helieves, that, in virtue of the general order of transfer, made of course upon every admittance, such schedules were made between the new Masters and their predecessors, or the representatives of their predecessors; and if the ill consequences in the Articles alledged had followed from such practice, or the not ordering such schedule, which he does not admit, he in

sists that the same could not render him

criminal.

Earl," That the said Fleetwood Dormer might have a promise of his liberty from the said Earl; and upon that condition he would come over, and assign all bis effects, and assist in getting them in, and settling and adjusting his accompts:" And the said Earl, seeing no other way open to get any thing for the suitors; and being made to believe that, if any deficiency should happen, the same would be made up by the other Masters; did agree, that in case the said Fleetwood Dormer would come over, and make a full discovery of all his effects, and assign the same for the benefit of the suitors, he the said Earl would allow him his liberty on that condition, and not otherwise; and the said Earl was soon after informed, That the said Fleetwood Dormer submitted to those terms, and would very soon come over, and discover and deliver up his effects: and the said Earl did wood Dormer would be paid. "And the said Earl not doubt but the whole debt upon the said Fleetsaith, That he does not remember that any any application was ever made to him, by the said Masters of the said Court, for any assistfects of the said Fleetwood Dormer, but what ance of the Court, touching the person or ef he granted, so far as he thought it tended to the benefit of the suitors; and believes that no application was ever made to him by the suitors, or any of them, or any other, to secure the person of the said Fleetwood Dormer, or for suitors. And the said Earl saith, That he compelling him to make satisfaction to the never endeavoured to conceal the true state and condition of the said office from the suitors of the court; nor did any of them apply, till very lately, to the said Earl to look into the same. And further saith, That he remembers nothing of his ever using any such expression as is charged in the said Article at any time before or after he knew that the said Fleetwood Dormer absconded.

"XIV. To the Fourteenth Article; the Earl saith, That Henry Edwards, esq. in this Article mentioned, succeeded to the office of Mr. Dormer, about the 18th day of May 1721; but, by reason of the disorder the said office was then under, and the great danger of a loss therein, the earl had given up and quitted all the advantage which might accrue to him upon the disposal thereof, and left it entirely to the other Masters to raise what money they could thereby: which was agreed to be all ap plied towards making good any deficiency, or loss, which might happen to the suitors of the Court concerned in that office; and thereupon the sum of 5,000l. was raised, by the disposal of the said office to Mr. Edwards, and was ap

"XIII. In answer to the 13th Article; the said . Earl saith, "That after Christmas in the year 1720, he was informed, "That the said Fleetwood Dormer had withdrawn himself to Holland, where he then was," and thereupon the said Ear! used all the properest methods he could, for securing his effects; and particularly directed Mr. Hiccocks and Mr. Rogers, the then two senior Masters of the Court, to make an inquiry into his affairs and accompts, and to consider what would be most proper to be done: And the said Earl believes, that the said two Masters, in pursuance of the directions from the said Earl, did search the chambers of the said Fleetwood Dormer, in Lincoln's Inn, to see what books, accompts, or effects, could there be met with; but found no account whatsoever, nor any effects of value; and did put a stop to the transferring of the stock, then inplied accordingly: And the said earl believes the name of the said Fleetwood Dormer, in any of the public companies: And the said Fleetwood Dormer's person being thus out of reach, and his accompts and effects wholly unknown, except the stock, which could not be disposed of without his concurrence; a proposal was some time after made to the said

the debt from William Wilson, in this Article mentioned, was assigned by the said Mr. Dormer to the said Mr. Edwards in trust, and to the intent that he should pay, apply, and dispose of the said debt, or such part thereof as should from time to time be by him got in and received of and from the said William Wilson,