of which this House hath, as we conceive, declared (and of which we are fully satisfied in our consciences) the Earl is guilty; and the punishment proposed in this question hath been inflicted by the House in the cases of the lord Bacon and the earl of Middlesex, for corruptions, in our opinions, much less heinous than the crimes of the Earl impeached; and the judgments given by this House on those two persons were founded, as we think, not only upon the nature of the crimes, but were di rected and prescribed by the acts of parliament above mentioned, and still remain on the records of this House unimpeached, and their authority never judicially questioned, to our knowledge, but are often referred to and approved by the most learned authors and judges of the laws of this land: we are therefore of opinion, that it was not only wise, but even that the law requires, that the judgment upon the Earl impeached should be consonant in this respect to the judgment of this House, in those two instances; whereby the law of the land in this particular stands declared, as we think, by the authority of the supreme judicature of the kingdom; and which no power less than the authority of an act of parliament, in our opinions, can abrogate.

from the determination of the House on the former question, from whence (and also from the question having passed in the negative) there remains, as we apprehend, no punishment but a pecuniary one, to be inflicted on the im peached Earl for his heinous and unexampled misdemeanors; which punishment we think (and we fear the whole nation will judge) to he utterly unadequate to his transgressions, and not consistent with the resolutions already passed by this House upon the Earl, whereby he is rendered in judgment of law, as we think, an infamous person, and not capable of bearing testimony as a witness, much less to sit in this supreme court as a judge, perhaps on points of the highest moment to the kingdom, and over the lives, liberties and properties of the subjects, many of which he has, in our opinions, already so notoriously injured,

2. "Because we find, that the punishment now proposed has been inflicted in the two instances of lord Bacon and the earl of Middlesex; and the like in earlier instances, particularly in the case of Hubert de Burgo, created earl of Kent, who was afterwards charged in parliament for counselling the King to cancel Magna Charta, and for other offences; and was degraded from his dignity by the judgment 6. "It having appeared, on the trial of the of his peers; and we conceive, that the conimpeached Lord, that the most dangerous and demnation which this House has already passdestructive corruptions have been committed ed on this earl is founded upon the most agby him whilst in the highest station in the ad- gravated guilt which has ever appeared in auy ministration of public justice, to the great dis- criminal, whose offences were not capital; honour of the crown, and the detriment of amongst which his repeated wholesales (as we great numbers of the King's subjects; and, in conceive them to be) of the justice of the one instance, whilst he (with others) was in the Court of Chancery, in the corrupt dispositions exercise of the regal authority; we think it of of the Offices of the Masters, were, as far as in the highest consequence to the honour and sup-him lay, so many barters and sales of Magna port of his Majesty's government, and the Charta itself, by which the sale of justice is satisfaction of the whole kingdom, that the prohibited. Earl should, by the judgment of this House, 3. "We conceive it to be utterly inconsis have been incapacitated from ever having the tent with the honour and dignity of this House, power or opportunity of re-acting the like cor- to suffer a lord condemned, as we think, for ruptions, against which, as we conceive, there the most dangerous corruptions committed by could be no security, but by inflicting upon him whilst he was a judge, to continue afterbim the disabilities proposed in this question. wards in the enjoyment of his seat in this (Signed,) Scarsdale, Greenwich, House, under no other censure than of a fine, Strafford, Denbigh, Buchan, Halifax, and imprisonment till that is paid; because, Harborough, Selkirk, Orkney, Ashburn- we fear, it may hereafter give too much enham, Wharton, Carlisle, Litchfield, couragement to the worst corruptions in the Gower, Brooke, Bruce, Manchester, greatest officers of state, if, from the example Hay, Masham, Northampton, Abing-of this earl, it should be hoped their crimes don, Bristol, Bathurst, Lechmere, Sus- may be ransomed by a small part, perhaps, of their corrupt and extorsive gains; by which means the greatest offenders of this sort may much the higher that they carry, and the more think their impunity the more secure, by so think also, that the sum of 30,000l., if that they succeed in their corrupt practices: We should be the fine, does very little, if at all, exceed the gross sums this earl has received, as we believe, in bounties from his Majesty, over and above the due profits of his offices, and the other great sums he has extorted and still retains; we are therefore of opinion, that the infamy, which, we think, is due to the crimes of which the earl is condemned, should

sex.

Protest on a Motion to incapacitate the said Earl from sitting in Parliament, &c. passing in the Negative.] Then it being moved to resolve, That the said Earl shall never sit in parliament, nor come within the verge of the Court, after debate, it was resolved in the negative, by 45 against 39.

"Dissentient'

1. "We cannot agree to this resolution for the reasons given in the last Protest; and further, we conceive, that there was the greater necessity for the punishment proposed in this,

We dissent to the last mentioned Question for the reasons following:

1. "For the first Reasons given on the foregoing Question, which, we apprehend, hold the stronger against his being permitted to sit in the highest court of judicature, since it may expose the judginent of this House to censure, when a person guilty of such corrupt practices shall be one of the judges.

2. "We apprehend, that a person whom his Majesty has in such a manner, removed from being a judge of his subjects properties, cannot be thought fit to sit in this House, in such case as may affect the lives of every peer of this House, and the property of all the subjects of Great Britain.--(Signed), Wharton, Pomfret, Abingdon, Bruce, Compton, Strafford."

not have been able to have supplied, had I had
ever so long a time for consideration.
"Gentlemen;

"You have maintained the charge of the Commons, with that force of argument, beauty of expression, and strength of reason, as would have gained you the highest applause, in the most flourishing of the Grecian commonwealths; and I may add,

་

Nec dignius unquam

Majestas meminit sese Romana loquutum.' But I shall not iplarge farther on this part of your praise, being sensible that I am not able to express myself in a manner suitable to the dignity of the subject: your own tongues are only suitable to such an undertaking; and were I able to do it, your modesty would not permit it: I shall therefore proceed in obeying the commands of the House, in such a manner, as you yourselves may hear it, not only without offence, but I hope with satisfaction; by endeavouring to set in their proper lights the great and lasting benefits your country will receive by your faithful discharge of your duty.

"You have stopped the cries of orphans, and dried up the tears of the widow; even those who must ever be insensible of the benefits they receive, ideots and lunatics, (and such only can be insensible of them) will be partakers of the fruits of your labours.

The Speaker's Speech to the Managers of the Impeachment of the Earl of Macclesfield.] "But you are more particularly intitled to May 27. The Lords sent a Message to the Commons, acquainting them, That their lord-prosecutions of the Commons, against great the thanks of this House, by having made the ships were ready to give Judgment against offenders practicable: The power of impeachThomas earl of Macclesfield, if the Commons, ment, that sword of vengeance, which the with their Speaker, would come and demand constitution has put into the hand of the Comthe same. Hereupon a motion was made, and mons, (and which, when drawn by party-rage, the question proposed, "That this House will when directed by the malice of faction, or demand Judgment of the Lords against Thomas wielded by unskilful hands, bas too often earl of Macclesfield :" which occasioned a wounded that constitution it was intended to warm debate, that lasted till five in the afterpreserve) has now, by your able management, noon, when the previous question being put, turned its edge to his proper object, a great That the question be now put, it was carried offender; and if the wound it has given, should in the affirmative, by a majority of 136 voices against 65; and then the main question being be very sure, it never can be imputed to the not be so deep, as many expect: yet you may put, it was resolved, "That this House will demand judgment against Thomas earl of and trust, from your prudent conduct through want of strength in your arm: And I hope Macclesfield." This done, the Commons resolved, nem. 'con. the whole progress of the Trial, that this great privilege of the Commons will ever remain a terror to evil doers; and that it may be a praise to them that do well; the House has unanimously come to this resolution,

"That the Thanks of this House be given to the members, who were appointed the Managers of the Impeachment against Thomas earl of Macclesfield, for their faithful management in their discharge of the trust reposed in them." Hereupon

Mr. Speaker gave them (they standing up severally in their places) the Thanks of the House, as follows:

"Gentlemen ;

"It is with the greatest chearfulness, that I obey the commands of the House on this occasion, and yet I was never, on any occasion, more sensible of the difficulty of performing them as I ought; but I have this satisfaction in this motion's being made when I least expected it, that my not being prepared may be some excuse for those defects, which I should

Resolved, nem. con. That the Thanks of "this House be given to the members, who were appointed the Managers of the Impeach"ment against Thomas earl of Macclesfield "for their faithful management in their dis"charge of the trust reposed in them."

The Commons unanimously resolved, that Mr. Speaker be desired to print the Speech he had made on that occasion; and sent sir William Gage with a Message to the Lords, to acquaint them, That the Commons, with their Speaker, intended immediately to come to the House of Lords, to demand Judgment against Thomas earl of Macclesfield, and therefore de

sired the Painted Chamber and passages to the House of Lords might be cleared.

Which desire being readily complied with, the Commons with Mr. Speaker, (with the mace) went up to the bar of the House of Lords. Judgment pronounced upon the Earl of Macclesfield. May 27. The Speaker of the House of Commons, attended by the Serjeant at Arms belonging to that House came, to the bar of the House of Lords. When the Lord Chief Justice, Speaker of this House, directed the Gentleman Usher of the Black Rod to bring thither the earl of Macclesfield; who, after low obeisances made, kneeled until the said Lord Chief Justice acquainted him, He might rise.

present is, do him safely convey to the said
Tower, and deliver him to the constable there-
of; or, in his absence, to the lieutenant or
deputy lieutenant of the same; and that the
said constable, lieutenant, or deputy lieutenant,
do receive the body of the said earl, and him
keep in safe custody there, until he shall have
paid the said fine *"

Protest against committing the Bill in favour of Lord Bolingbroke.] May 22. A report being made from the Committee of the whole House, on the Bill," For enabling Henry St. John, late Viscount Bolingbroke, and his heirs male, notwithstanding his attainder, to enjoy several estates, according to such interests as are limited in a certain Indenture,, and other Then the Speaker of the House of Com-assurances therein inentioned, and for other mons spake as follows:

purposes," "That the Committee had made some "My Lords, progress in the Bill; the question was put, "The knights, citizens, and burgesses, in whether the House shall be put into a Commitparliament assembled, in the name of them-tee again upon the said Bill on Monday next, selves and of all the Commons of Great Britain, it was resolved in the affirmative, by 46 against did, at this bar, impeach Thomas earl of Mac- 22. clesfiel of High Crimes and Misdemeanors; and did exhibit Articles of Impeachment against him, and have made good their Charge:

"I do, therefore, in the name of the knights, citizens, and burgesses, in parliament assembled, and of all the Commons of Great Britain, demand Judgment of your lordships, against Thomas earl of Macclesfield, for the said High Crimes and Misdemeanors."

After which, the Speaker of the House of Lords said,

"Mr. Speaker; the Lords are now ready to proceed to Judgment, in the case by you mentioned.

"

"Thomas Earl of Macclesfield, "The Lords having unanimously found you Guilty of High Crimes and Misdemeanors, "charged on you by the Impeachment of the "House of Commons; so that their lordships "find themselves obliged to proceed to Judg"ment against you; which I am ordered to 66 pronounce :

"Therefore this High Court doth adjudge, "That you, Thomas earl of Macclesfield, be

"fined in the sum of 30,000l. unto our "Sovereign Lord the King: and that you "shall be imprisoned in the Tower of "London, and there kept in safe custody " until you shall pay the said fine." Which done, the Speaker with the Commons withdrew, and the earl of Macclesfield was taken from the bar.

Ordered, "That the Speaker of this House do give order for the printing and publishing the Trial of Thomas earl of Macclesfield; and that no other person but such as he shall appoint do presume to print the same."

Ordered, "That the said earl of Macclesfield be committed to the Tower of London, there to be kept in safe custody until he shall pay the abovementioned fine of 30,000l. to the King: and that the Gentleman Usher of the Black Rod, in whose custody the said earl at

"Dissentient'

1. "Because we apprehend it to be inconsistent with the honour and dignity, which, in all cases, should be observed in the proceedings of this House, to make a resolution, especially upon debate, to put the House into a Committee on this Bill, at the same instant or moment of time on which, by an order of the 21st instant, it was resolved, that the House would farther proceed on the Impeachment of the earl of Macclesfield; and it does not appear to us, that any precedent is to be found on the Journals of this House, to warrant this resolution in that respect.

2. "We conceive that this resolution may draw on a debate or doubt in the House, touching the preference to be given by the House to the further progress on this Bill, or to the fur ther proceeding on the said Impeachment; which debate, if any such should happen, we think, may be attended with ill consequences; the matter of the said Impeachment, so prese

"The earl of Macclesfield was carried to the Tower, and confined in the same apartment as was formerly the earl of Oxford's; and, three days after, the King in council ordered his name to be struck out of the list of privy-counsellors. The earl paid his fine about six weeks after, and was discharged from his confinement. Sir Peter King, being created baron of Oakham in Surrey, succeeded him in the chancellorship." Tindal.

A biographical notice of the earl of Macclesfield will be found in vol. 7, p. 558, of this work.

Of a disgraced favourite the excellencies are forgotten, and the errors magnified. Staffordshire, it was said on, this occasion, had produced three of the greatest rogues that ever existed; Jack Sheppard, Jonathan Wild, and lord Macclesfield. See Hatton's History of Derby, p. 287..

ing and necessary, in our opinions, to the public justice of the nation, being compared with this Bill, which contains, as we think, extraordinary and undeserved bounty and reward to a person impeached by the Commons, and as yet attainted for treasons, which tended to the overthrow of the Protestant Succession to the crown of these realms, and to the placing the Presender on the throne. (Signed,) Warrington, Coventry, Lechmere."

Protest against passing the said Bill.] May 24. The Bill was read the third time: And the question being put, that the Bill do pass, it was resolved in the affirmative by 75 against 25. "Dissentient'

1. "Because the purport and intention of this Bill is to repeal several acts of parliament passed since his Majesty's accession, whereby all the estate and interest of the late lord Bolingbroke, in the lands mentioned in this Bill, being forfeited to the crown for high treason, were vested in trustees, and still remain appropriated for the use and benefit of the public; the value of which lands amount, as we believe, to several thousand pounds per annum; we therefore think it unjust to all the subjects of this kingdom, who have borne many heavy taxes, occasioned, as we believe, in great mea sure, by the treasons committed, and the rebellion which was encouraged by this person, to take from the public the benefit of his forfeiture.

2. "It appears from the Articles of Impeachment exhibited by the Commons against the late lord Bolingbroke, whereof he now stands attainted by Act of Parliament, that he stood charged with the commission of several treasons of the most flagrant and dangerous nature, committed by him whilst he was Secretary of State to her late Majesty Queen Anne, for traitorously betraying her most secret councils to the king of France, then at war and in enmity with her Majesty; and with other treasons tending to destroy the balance of Europe, and to raise the then exorbitant power of the French king, who not long before had publicly acknowledged the Pretender to be the lawful and rightful king of these realms.

some of them executed, and their estates both real and personal become forfeited by their attainders, and as yet continue under those forfeitures.

4. "We have not been informed of any particular public services which this person hath performed to his Majesty or this nation, since his commission of the many high and dangerous treasons before-mentioned, and in case be has done any, they must be of such a nature as ought, in our opinions, to be rewarded in another manner than is provided by this Bill, and for which, we think, the crown is otherwise sufficiently enabled; and the sincerity of his hav ing quitted the interest of the Pretender may, in our opinions, be justly suspected, he never having, as appears to us, throughout the progress of this Bill in both Houses, once signified his sorrow for the treasons he had committed; and if he had really abandoned that interest, his private intelligences or services, with regard to the interest or councils of the Pre ender, can't reasonably be supposed, in our opinions, to be of great value.

5. We think that no assurances which this person hath given, nor any services he can have performed since his commission of the treasons aforesaid, or any farther obligations he can enter into, can be a sufficient security to his Majesty, or the kingdom, against his future insincerity, which may happen, he having already so often violated the most solemn assurancès and obligations, and in defiance of them having openly attempted the dethroning of his Majesty, and the destruction of the liberties of his country.

6. We think the services he may have performed, if any, ought not to be rewarded either in the degree or the manner provided by this Bill, it having been found by experience, in cases of like nature, that the strongest assurances have afterwards proved deceitful; for which reason we conceive it to be unwise and dangerous to give such rewards as cannot be be recalled, though the assurances should be broke; and we believe it to be the known policy and universal practice of wise govern ments to keep the persons, claiming merit from such services as the late lord Bolingbroke can possibly have performed since the commissions of his treasons, dependent on the government for the continuance of those rewards.

3. "The treasons wherewith he was charged, we conceive, were fully confessed by his flight from the justice of parliament; but his guilt was afterwards, as we think, indisputably de- 7. "The pardon of the late lord Bolingbroke, monstrated by the new treasons he openly and under the Great Seal, having been communiavowedly committed against his present Ma-cated to the House, and under consideration jesty; it being notorious, and it having been declared to the House ou the debate of this Bill, that he did, soon after his flight, enter publicly into the councils and services of the Pretender, who was then fomenting and carrying on a rebellion within these kingdoms for the dethroning his Majesty, into which rebellion many of his Majesty's subjects, as well peers as commoners, were drawn, as we believe, by the example or influence of the late lord Botingbroke; and for which treason many peers and commoners have been since attainted, and

on the debate of this Bill, we think, that this Bill ought not to pass, because it may hereafter be construed, in some degree, to confirm or countenance that pardon; and we are of opinion, that that pardon, though it may be legal as to the treasons committed by him since his attainder, yet so far as it may be construed, if that should be, to pardon or affect the act of attainder of the late lord Bolingbroke, or the impeachment of the Commons, on which that act is founded, it is a most dangerous violation of the ancient rights and freedom of the king