pared a Replication accordingly, which he read in his place, as follows; "The Cominons have considered the Answer of Thomas earl of Macclesfield, to the Articles exhibited against him by the knights, citizens and burgesses in Parliament assembled, and observe, that the said Earl bath industriously avoided giving a direct and particular Answer to several matters positively and certainly alledged against him in the said Articles, which from the nature of the facts themselves, must necessarily lie in his own knowledge; and bath attempted to disguise and cover the real crimes laid to his charge, by immaterial and evasive insinuations of facts of a different nature; and that many parts of the said Answer are contradictory to, and inconsistent with each other, upon which they might demand your lordships' immediate Judgment; yet the Commons, being able to maintain the truth and justice of their accusation, are willing to enter into the due examination thereof, and do aver their charge of High Crimes and Misdemeanors, against the said Thomas earl of Macclesfield, to be true, and that the said Earl is guilty in such manner as he stands impeached, and that the Commons will be ready to prove their Charge against him, at such convenient time, as shall be appointed for that purpose." The said Replication being read a second time, it was resolved to be the Replication of the Commons to the Answer of Thomas earl of Macclesfield; and ordered that the said Replication be engrossed. April 24. The Commons read the engrossed Replication, which was ordered to be sent to the Lords. and such others of the subjects of this kingdom who may be desirous to be present at this Trial. 2. "We are of opinion, that it is a justice due to the Earl who is impeached, to give him the opportunity of vindicating himself, and to assert his innocence in the most public manner imaginable, the crimes wherewith he is charged by this Impeachment being of that nature as render it, as we conceive, most desirable, and even necessary on his part, to give universal satisfaction of his innocence, in a case wherein his honour, and that of his posterity, are so highly concerned. 3. We are of opinion, that it is of great moment to the honour and dignity of the crown, the fountain of justice, that the Trial of this Impeachment should be had in that place which may be most satisfactory to the whole nation, because the Articles whereby the Earl stands impeached, relate to the administration of the public justice of the kingdom, and consist of facts or matters charged on him whilst he was Lord High Chancellor, and as such, was entrusted by his Majesty with the execution of the most eminent office and station concerning the administration of justice. 4. "Because we observe that the Earl impeached has, in his Defence, by bis Answer, in some degrce, involved the honour of many great personages, peers of this realm, and others, some living, and others long since deceased, but whose descendents are now peers and members of this House, in the consideration of the matters and crimes charged on himself; which circumstance of the Defence being, as it seems to us, in the Protest against the Earl of Macclesfield's into upon the Trial, we are of opinion that in opinion of the Earl, material to be examined being tried at the Bar of the House of this respect also the place of Trial is become Lords.] April 26. The Commons having of more importance, and most proper to be in brought up the Replication to the Answer of Thomas earl of Macclesfield, to their ArWestminster-hall, and not at the bar of this ticles of Impeachment against him, a ques-ably, as we conceive, be less public, and, in House, where the examinations must unavoidtion was proposed and stated for appointing his Lordship's Trial on Thursday se'en. night, at the Bar of the House. And the question being put, whether those words, At the Bar of the House,' shall stand part of the question, it was resolved in the Affirmative, by 59 against 17. "Dissentient' 1. "Because we are of opinion, that it highly concerns the honour and dignity of this House in all cases of impeachment, that the Trial should be had in the most public and solemn manner, that being most suitable to the laws and constitutions of this kingdom in all cases whatsoever, but is more especially requisite in a prosecution of the Commons in of Great Britain, begun and carried on by their representatives in parliament; for which reasons we think that this Trial ought to be had Westminster-hall, and not at the Bar of this House, where it is impossible, as we conceive, to provide room and other conveniencies for the attendance of the House of Commons, that respect less satisfactory. 5. "It appearing to us by several Reports delivered to this House by his Majesty's direction, which relate to the administration of the said Earl was Lord Chancellor, that there justice in the High Court of Chancery, whilst are very great deficiencies of the money and effects belonging to orphans and widows, and others the suitors of the Court; which money and effects were brought into the Court, or into the hands of the Masters in Chancery; and which deficiencies, as they ap pear to us, amount to a great many thousand pounds, as yet wholly unsatisfied and unsecured; for this reason we are of opinion, that it is necessary, for the public satisfaction, and particularly of the suitors concerned, that this Trial should be had, not only in the most solemn manner, but in the most public place also. 6. "We do not find, that any Impeachment of the Commons has been tried at the bar of this House, or in any other place than in will order conveniences to be prepared there for the Managers of the Impeachment." Whereupon it was ordered, 1. That Managers be appointed to make good the Articles of Impeachment against Thomas earl of Macclesfied. 2. That the Committee to whom it was referred to draw up the said Articles be the said Managers. Westminster-Hall, since the Restoration of King Charles 2, and before that period the impeachment of the earl of Strafford was tried in Westminster-Hall; we also find that since the Restoration, every peer who has been tried by this House, either on an Impeachment or Indictment, has had his Trial in Westminster Hall, and not at the bar of this House; and sometime after the late Revolution, private April 27. The Commons ordered, 1. That persons impeached by the Commons, for frauds Mr. Nicholas Paxton, and Mr. Thomas Bayly and cheats relating to the Lutstring company, be appointed Solicitors to the said Managers, and private traffic, were appointed by this 2. That a Committee be appointed to search House to be tried in Westminster-Hall; the Precedents, touching the method of proceedImpeachment of Dr. Sacheverell, for misde-ings, upon Trials of Impeachment by the Commeanors committed in the pulpit, was tried there also: for which reasons we are of opinion, that this Impeachment being, as we conceive, of the highest consequence to the honour of the crown and kingdoin, ought to be considered, at least with equal regard as to the place of trial, and in every other respect with any of those Trials before mentioned; and the rather, for that the method of proceedings on Trials of Impeachments, if had at the bar of this House, contrary to the general course since the Restoration, are therefore more unsettled by many late precedents, and, in that respect, may be liable to more difficulties and delays, than if had in Westminster Hall. mons, at the bar of the House of Lords: and a Committee was appointed accordingly, of which sir Edmund Bacon was chosen chairman. The Bill in favour of Viscount Bolingbroke Then the lord Finch passes the Commons.] Henry St. John late Viscount Bolingbroke, to presented to the House a Bill for enabling take and enjoy several manors, lands, &c. which was read the first time. April 30. The late lord Bolingbroke's Bill Committee of the whole House, who were orwas read a second time, and committed to a dered, "To receive a clause or clauses for pre7. "We think that no consideration of delay, in the said Bill mentioned, to the issue male of serving the inheritance of all the family estate which may he occasioned for a little time by the lord viscount St. John, on failure of issue the preparations to be made in Westminster male of the said Henry St. John, late viscount Hall, or any other account during the Trial, are an equivalent consideration, or to be balanced late viscount Bolingbroke, to charge the said viscount Bolingbroke, with proviso to the said with the public satisfaction, which, in every estate with a sum of money, and to make leases respect, is, in our opinion, due to this pro-in like manner as he was enabled to do, by the ceeding, and especially with regard to the place marriage settlement in the said Bill mentioned, of trial. -(Signed,) Wharton, Scarsdale, and to make a jointure, and provision for Boyle, Strafford, Gower, Foley, Lechyounger children." mere, Coventry." I dissent for all the aforementioned reasons, except the fourth.(Signed) Montjoy. Then the Question being put, That Thomas earl of Macclesfield be tried at the bar of this House, on Thursday se'nnight at 11 o'clock in the forenoon, upon the Impeachment for High Crimes and Misdemeanors, exhibited against him by the House of Commons; it was resolved in the Affirmative. Dissentient' mere. April 26. The Commons received the following Message from the Lords: May 3. The order being read for the House the late viscount Bolingbroke's Bill, the lord to resolve itself into a grand Committee upon William Pawlet nioved, "That it be an instruction to the said Committee, that they have power to receive a clause to disable the said Henry St. John, late viscount Bolingbroke, to be a member of either House of Parliament, or trust, under his Majesty." or to have or enjoy any office or place of profit This motion was backed by several members, but was opposed by Mr. Chancellor of the Exchequer, and the question being put thereupon, it was carried in the negative by 154 voices against 84. After this the Coinmons, in a Committee of the whole House, went through the said Bill, and made several amendments thereto, which being the next day reported by the lord Finch, were, with an amendment to one of them, agreed to, and the Bill so amend ed, ordered to be ingrossed. May 5. The said Bill was read the third time,. passed, and sent up to the Lords. "Mr. Speaker, The Lords have commanded as to acquaint this House, that their lordships have appointed Thursday, being the 6th day of May next, at 11 of the clock in the forenoon, for the Trial of Thomas earl of Maccles- Protest against passing a Bill to disarm the field, at the bar of the House of Lords, for the Highlanders of Scotland.] May 3. A Bill, High Crimes and Misdemeanors whereof he⚫ For more effectually disarming the Highstands impeached; and that their lordships landers in that part of Great Britain called VOL. VIII. 2 H Scotland, and for the better securing the peace | Gybbon, Mr. Hedges, Mr. Sandys, Mr. West, and quiet of that part of the Kingdom' was Mr. Snell, Mr. Lutwyche, hon. Thomas Gower, read the third time in the Lords; and the ques- and Mr. Cary. tion being put, Whether this Bill with the Amendments do pass? It was resolved in the Affirmative. "Dissentient' 1. "Because the Bill sets forth, that many persous in the Highlands commit many robberies and depredations, and oppose the due execution of justice against robbers, outlaws, and persons attainted; which assertion, we conceive, was meant as an inducement to pass the Bill, and therefore should have been fully made out by proof, or have been undeniably clear from its notoriety; but no proof was attempted to be made of it; and we have not heard that such outrages, as are charged upon the Highlanders, have been committed by them of late. 2. "We apprehend that this Bill gives to lords lieutenants of counties, justices of the peace, and others, such large and discretionary powers, in some cases, as are hardly to be trusted in the hands of any persons in a free government, unless apparently necessary to the preservation of it. Accordingly the said Managers went up to the Bar of the House of Lords to proceed on the Trial, which continued till the 26th of this month, and being printed by authority, may be found at large in the State Trials. The Earl of Macclesfield is unanimously found Guilty.] May 27. The Order being read, for taking into further consideration the Impeachment of the earl of Macclesfield: It was proposed, To resolve, That the Commons and Misdemeanors against the said Earl.' And have made good their Charge of High Crimes a question being stated upon the said Proposition; it was resolved in the affirmative. After which; It was agreed, that the question to be put to each lord, severally, beginning with the junior baron, shall be, Is Thomas earl of Macclesfield guilty of High Crimes and Misdemeanors, charged on him by the Impeachment of the House of 'Commons, or Not Guilty? And every lord present shall declare his opinion, Guilty or Not Guilty, upon his honour, laying his right hand upon his breast. May 25. A Message was sent to the Commons to acquaint them, that the Lords are ready to proceed further upon the Impeachment against the earl of Macclesfield. And the Managers being come, and seated as before; the usual proclamation was made for silence. After which the Speaker put the question agreed on yesterday, to all the Lords present, beginning with the Junior Baron; opinion, That he was Guilty;" And their lordships severally declaring their 3." Since the behaviour of the Highlanders has been peaceable and inoffensive for some years past, and is so at present, as far as appears to us, we cannot but fear this Bill may prove unseasonable, may hazard the loss of that invaluable blessing which we now enjoy, a perfect calm and tranquillity, and raise amongst these people that spirit of discontent and uneasiness, which now seems entirely laid; for we apprehend that the execution of some authorities in this Bill is more likely to create, than to prevent disorders; we think it applies severe remedies where, as far as we can perceive, there is no disease, and this at a time when the Highlanders not being accused of any enormities, for which, in our opinion, the legislature ought in justice to punish them, or in prudence to fear them, we think it would become us, as good patriots, to endeavouring rather to keep them quiet, than to make them (Signed,) Wharton, Gower, Scarsdale, Boyle, Lichfield." 80. unanimously found the said earl Guilty of The Speaker declared, That the House had High Crimes and Misdemeanors, charged upon him by the Impeachment of the House of Commons. Then the Managers were directed to withdraw: And the House was adjourned dur pleasure, to unrobe. The names of the Lords present, who unanimously found him guilty, are as follows: Kinnoul in Scotland), Gower, Herbert, Ash- Bishops. Exeter, Bristol, Chichester, St. Barons. Walpole, Lechmere, Ducie, Onslow, Bathurst, Foley, Masham, Trevor, MontNumes of the Managers at the Earl of Mac-joy (viscount Windsor of Ireland), Hay (earl of clesfield's Trial.] May 6. The Commons or dered, That the Committee appointed to manage the Evidence against Thomas earl of Macclesfield, be at liberty to proceed in such manner as they shall think most important for the speediest expediting of the said Trial. Then upon a Message from the Lords, importing that their lordships were ready to proceed on the Trial of Thomas earl of Macclesfield, the Names of the Managers were called over by the clerk, viz. Sir George Oxenden, bart. sir Clement Wearg, sir Thomas Pengelly, sir William Strickland, bart. Mr. Doddington, lord Morpeth, Mr. Arthur Onslow, Mr. Paliner, Mr. Walter Plomer, sir John Rushout, bart. Mr. Edward Thompson, Mr. Philips Viscounts. Torrington, Harcourt, Cobham, Tadcaster, (earl of Thomond in Ireland), Lonsdale, Hatton, Townshend, Say and Seal. Earls. Pomfret, Harborough, Cadogan, Sussex, Halifax, Bristol, Strafford, Ferrers, Ilay, Deloraine, Stair, Orkney, Selkirk, Findlater, Buchan, Rothes, Cholmondeley, Albemarle, Rochford, Scarborough, Abingdon, Yarmouth, Burlington, Carlisle, Scarsdale, Sunderland, the viscount St. Albans, and the earl of Mid Denbigh, Warwick, Northampton, Leicester, Lincoln, Pembroke. Marquis. Tweedale. Dukes. Chandois, Manchester, Wharton, Newcastle, Ancaster, Roxburgh, Montross, Montague, Grafton, Greenwich, (duke of Argyle in Scotland), Devonshire. Archbishop. Canterbury. The House being resumed, the duke of Devonshire, lord president, signified to the House, "That last night he received a letter from the earl of Macclesfield, mentioning that he was ill of the stone;” And his grace also acquainted their lordships, "He was this day informed, by one of the said Earl's Solicitors, that his lordship still continued ill." dlesex: It was proposed, "To ask the Opinion of the Judges, Whether the Sale of an Office, that hath relation to the administration of justice, be an offence against the Common Law?" And a question being stated upon the said proposition: It was resolved in the negative. Then, it being moved, "To resolve, That Thomas earl of Macclesfield be fined:" The question was put thereupon, and it was resolved in the affirmative. Protest on a Motion for disabling the Earl of Macclesfield from holding any Employment, then put, Whether the said Earl shall be for passing in the Negative.] The question was ever incapable of any office, place, or employ Ordered, That this House will proceed fur-ment, in the state or commonwealth ?" It was resolved in the negative. Contents 42; Not ther upon the Impeachment against Thomas Contents 42.* earl of Macclesfield to-morrow. May 26. The gentleman usher of the Black Rod gave the House an account, "That be and the Serjeant at Arms had served their lordships' order on the earl of Macclesfield, for his attendance this day; and that his lordship was attending, pursuant thereunto." The order of the day being read, for proceeding further upon the Impeachment of the earl of Macclesfield; a Message was sent to the Commons to acquaint them, that their lordships are ready to proceed further upon the Impeachment against the said Earl. And the Managers being come, the usual proclamation was made for silence. Then the gentleman usher was directed to call in the earl of Macclesfield. Who being come to the bar; the Speaker acquainted him, "That the Lords had fully considered of his case; and had unanimously found him Guilty of High Crimes and Misdemeanours charged upon him by the Impeachment of the House of Commous." Whereupon the said Earl mentioned some circumstances in mitigation of the crimes of which he had been accused: but was interrupted by the Managers for the Commons, as being irregular; his lordship, in what he said, not offering any thing in arrest of judginent. Then the said Earl acquainted the House with the uneasiness he was at present under, in regard of his illness; and, submitting himself to their lordships' justice and mercy, begged to be dismissed any further attendance at this time. Upon which, the said Earl, as also the Managers, were directed to withdraw. The House was adjourned during pleasure, for the Lords to put off their robes. Ordered, That Thomas earl of Macclesfield be committed to the custody of the gentleman usher of the black rod. Ordered, That this House will now proceed to the consideration of what Judgment to give, upon the Impeachment against the said Earl. And it being proposed, "That the said Earl be fined in the sum of 30,000l. to the King's majesty:" After debate; and reading the Judgments of this House, in the cases both of "Dissentient' 1. "Because it is certain that the honour and dignity of the crown, the security of our religious and civil rights, and the preservation of our most excellent constitution in church and state, entirely depend upon the probity, integrity and ability of those persons whom his Majesty shall call to his councils, and who shall be employed in any office, place or employment in the state or commonwealth. 2. "Because we conceive, a person impeached by the House of Commons of corrup tion of the deepest dye, and who, after a full and legal trial, was by this House unanimously. found guilty of high crimes and misdemeanors, charged on him by the House of Commons, which high crimes and misdemeanours were committed by him in the execution of his high station as Lord High-Chancellor of Great Britaiu, ought not to be exempted from this part of the sentence, which has always been thought proper to be inflicted by our ancestors, both in regard to the safety of the government, and the justice of this House, on persons convicted of crimes of the like nature; and we do not find one instance on the Journals of parliament, where this penalty has been omitted. 3. "We apprehend that his Majesty having removed the earl of Macclesfield from the trust reposed in him by the custody of the Great Seal, and having earnestly recommended to the Lords Commissioners appointed to succeed him, the taking effectual care, that entire satisfac-tion be made to the suitors of the Court, and that such suitors be not exposed to any dangers for the future, and having fully expressed his gracious disposition that the said Lords Commissioners should look narrowly into the beha viour of all the officers under their jurisdiction, and should see that such officers act with the strictest regard to justice, and to the ease of his subjects, (which is a plain indication of his Majesty's just resentment of the Earl's ill con When a motion for any resolution or order is made, if there be an equality of voices, it always passes in the negative, duct, during his presiding in the Court of Chancery) and having, in great tenderness to the injured nation, recommended the protection of the unhappy sufferers to the justice of parliament, we thought it incumbent upon us, on this great occasion, when the Commons have so clearly made out their charge against the impeached earl, not to depart from the methods of our ancestors in the framing of our sentence, with an unusual tenderness to a person, against whom the whole nation cries for justice, but to pursue their glorious steps upon the like occasions, and to incapacitate the said Earl from having any office, place of employment in the state or commonwealth, as the most effectual means to deter others from being guilty of the like crimes for the future.--(Signed), Wharton, Abingdon, Bruce, Strafford, Pomfret, Denbigh, Compton." "We do dissent to the beforementioned question for the Reasons following: 1. "This House having resolved, that the House of Commons have made good their charge of high crimes and misdemeanors against the Earl impeached, and by a subsequent resolution having unanimously declared him guilty, we are of opinion, that it is a necessary consequence in law, justice, honour and conscience, that the disabilities contained in the question proposed should be a part of his punishment, they being such, as we think, the wholesome laws and statutes, against which the Earl has offended, do expressly ordain for the punishment of his crimes, and such as the nature, circumstances and consequences of his guilt do, in our opinions, most justly deserve. ments) and endeavoured to maintain, that they are conformable to the laws of the land; but we cannot reflect on this behaviour of the Earl otherwise than as the highest dishonour thrown, by him, upon the laws and government of this kingdom, and a most daring and groundless endeavour to disparage the common law of the land, Magna Charta itself, the clear and express injunctions of many statutes, particularly those passed in the reigns of Richard 2, Henry 4, and Edward 6, in this behalf, and of an act passed this session of parliament for the indemnification of the Masters in Chancery; against the plain sense of all which laws the Earl has, in our opinions, knowingly and wil fully offended; and as this unparalleled justification attempted by the Earl will be transmitted to all posterity, we think it absolutely necessary that the punishment proposed by this question should have been inflicted, in vindication of the laws and government itself, against the aspersion the Earl has thrown upon both, and to prevent any imputation which may hereafter be cast on the honour and justice of this House, as having, on this occasion, in any degree seemed to favour or countenance such defence. 4. "The Earl has in his Answer asserted some of his practices to have been long used by his predecessors, and by others being chief justices, masters of the rolls, and other judges; and on his trial offered evidence to prove his assertion in four instances only, three of them in the time of one, and the other in the time of his immediate predecessor; but though those instances, as we think, were unattended with the many aggravations of the Earl's guilt in those respects, yet lest those examples, together with that of the Earl, should hereafter 2. "The Articles of the House of Commons, whereof the Earl is, in our opinions, declared guilty, are an accusation of him for many re-be construed a mitigation of his, or an encoupeated acts of bribery, extortion, perjury and oppression, committed by colour of his office of Lord High Chancellor, and of many endeavours to have concealed and suppressed the discovery of them, even from the knowledge of his Majesty; those crimes therefore, being by the laws of this land, and, as we believe, by the laws of all civilized nations in the world, adjudged to be crimes of an infamous nature, we think the incapacity proposed by this question to be one natural and unavoidable step to have been made by this House in the judgment on those crimes. 3. "The Earl, in his Answer to the Articles of the Commons, hath asserted, that the taking the many sums by him from the Masters in Chancery, which sums he there calls presents, was never before looked upon to be criminal; and hopes that the giving or receiving such a present is not criminal in itself, or by the common law of this realm, and that there is not any act of parliament whatsoever by which the same is made criminal, or subject to any punishment or judgment, which can be prayed in this prosecution: The Earl himself, and his counsel on his behalf, upon his trial, attempted to justify his extortions (then called comple ragement to the like offence, we think the punishment now proposed ought to have been inflicted, by which it would become the more exemplary; and the rather, because it appears to us highly probable, that the imputation, as it is thrown by the Earl upon his predecessors, is unjust; the memory of many of those wise and excellent persons never having been, as wo believe, stained with an imputation, till the Earl cast it on them; and some of his predecessors having, in several ages, fallen under the severe and strict inquisition of parliament for bribery and corruption, without any charge upon them for that criminal practice. 5. "We are of opinion, That this House, now exercising its judicature as the supreme court in this kingdom, upon an accusation of the Commons for offences against the known laws of the land, has no legal power or authority to dispense with or omit those punishménts which are expressly ordained by positive acts of parliament; and it appears to us to be indisputable, that the disabilities proposed by this question are expressly ordained by the statute made 11 Hen. 4, and in some degree by the statute 5 and 6 Edw. 6, against buying and selling offices, for the very same offences |