has owned before three witnesses, that it is the copy-book of his letters.

Dr. Cade tells you he was ill, and thence they infer, that it is not probable that he should write letters so constantly as he did. He tells you, that from the 2nd of November 1714, to the 18th of the same month, he was in pain in one of his hands, but does not know which of them, nor whether he was able to write: but this was before this correspondence by letters that have been read to you began.

Then they call some witnesses to his reputation: one tells you, that in discourse with him about the late peace, he said, it would ruin the nation; that sort of evidence is of no signification. Mr. Slater has known him four or five years; there was a commission of bankruptcy against him, on which occasion he became acquainted with him. He says, he always seemed to espouse the interest of the king of France, but he always laughed at our parties among ourselves. Those that were for the interest of

France, would of consequence laugh at our

divisions.

Richardson says, that he used to go to the prisoner often in his sickness, and knows no harm of him that Francia liked him, and called him Vulcan, and bid him drink king George's health, and drank it himself.

This is the substance of the evidence that has been given on both sides: now, if you believe these letters were wrote to him and by him, and that they contain a correspondence of a treasonable nature, inciting or encouraging any persons to levy war against the king, or any thing which shews that he was privy and assenting to it, then he is guilty of high treason. If you do not believe those letters were his, or that they do not amount to such a correspondence, then you must acquit him.

If you find him guilty, then you must also find that he was born in France, and is an alien.

verdict; and when they returned into Court,
Then the Jury withdrew to consider of their

were called over, and answered to their names.
Cl. of Arr. Gentlemen, are you all agreed
on your Verdict?-Jury. Yes.
Čl. of Arr. Who shall say for you?
Jury. Our Foreman.
hand. (Which he did.) Look upon the pri
Cl. of Arr. Francis Francia, hold up thy
soner, how say you? Is he Guilty of the
High Treason whereof he stands indicted, or
Not Guilty?

Foreman. Not Guilty.

Whereupon the prisoner was discharged.

452. Proceedings on an Impeachment and Act of Attainder, for High Treason, against HENRY Lord Viscount BOLINGBROKE: 1 & 2 GEORGE I. A. D. 1715.*

June 10, 1715.

THE House of Commons having taken into consideration the Report from the Committee of Secrecy, resolved to impeach Henry viscount Bolingbroke of High Treason, and other High Crimes and Misdemeanors.

August 4.

ARTICLES OF IMPEACHMENT OF HIGH
TREASON, AND OTHER HIGH CRIMES
and Misdemeanors, against HENRY
VISCOUNT Bolingbroke.

"Whereas a Treaty of Alliance was made and concluded, on or about the 7th day of September 1701, between Leopold then emperor of Germany, his late majesty king William the Third of ever-glorious memory, and their high migh tinesses the States General of the United Provinces, for repelling the greatness of the common danger which threatened all Europe, from the duke of Anjou's having taken possession of the monarchy of Spain; wherein it was, among other things, agreed, That, in case the said confederates shall be forced to enter into a

Mr. Walpole, from the Committee of Secrecy, acquainted the House, that the committee had, in obedience to the commands of the House, prepared Articles of Impeachment of High Treason, and other High Crimes and Misdemeanors, against Henry viscount Bolingbroke: and that the committee had commanded him, at the same time, to acquaint the House, that they shall, in a short time, have further Articles to lay before the House against the said viscount: and that the committee had directed him to report the Articles, already pre-war, they shall communicate their designs to pared, to the House; and he read them in his place, and afterwards delivered them in at the clerk's table: where they were once read; and are as follow; viz.

* See in this same year the Cases of the duke of Ormond, lord Strafford, and lord Oxford.

one another, as well in relation to the actions of the war, as all other things wherein the common cause is concerned: and that it shall 'not be permitted to either party, when the war is once begun, to treat of peace with the enemy, unless jointly and by a communica tion of counsels: and, in and by a defensive

+ See this Report in the Parl. Hist. as re-treaty and alliance, made and concluded in or ferred to in lord Oxford's Case.

VOL. XV.

about the month of November, 1701, between

3 S

taries of state, and of her most honourable privy council; but having entered into a most treacherous confederacy with the ministers and emissaries of France, to frustrate the just hopes and expectations of her majesty and her people, by disuniting the confederacy at the most critical juncture, when they were ready to reap the fruits of so many triumphs over the common enemy; and most wickedly intending, as far as in bim lay, to enable the French king, so exhausted and vanquished as he had been on all occasions, to carry his designs, by a peace glorious to him, and to the ruin of the victorious allies, and the destruction of the liberties of alt Europe; and having no regard to the solemn treaties her majesty then stood engaged in, nor to the honour or safety of these kingdoms; did, in or about the months of July or August in the

his said late majesty king William the third and the States General, it was, among other things, expressly agreed, That when the war is begun, the said confederates shall act in concert according to the 7th and 8th Articles of the Treaty of the 3rd of March, 1677-8, hetween • England and Holland; and that no peace nor truce or suspension of arms shall be negociated or made, but according to the 9th and 10th Articles of that Treaty; by which it was agreed, that when the allies came once to open war, it shall be lawful for neither of ⚫ them afterwards to come to any cessation of arms with him who shall be declared and proclaimed an enemy, without it be done conjointly and with common consent; and that no negociation of peace shall be set on foot by ⚫ one of the allies without the concurrence of the other; and that each ally shall continual-year of our Lord, 1711, maliciously and wickly, and from time to time, impart to the other every thing that passes in the said negocia ⚫tion:' and in and by a Treaty entered into and concluded in or about the month of June, 1703, between her late majesty queen Anne, of everblessed memory, and the States General, it was, among other things, agreed, that all treaties and alliances then subsisting between them 'should be renewed and confirmed:' and whereas a long, bloody, and expensive war had been carried on, by her late majesty, in conjunction with her said allies and other confederate princes, against France and Spain, as well in resentment of the indignity offered to these kingdoms, by their having acknowledged the Pretender king of these realms, as for obtaining a just satisfaction to his imperial majesty, and for the preservation of the Protestant religion, and the balance and liberties of Europe; and from the great successes with which it had pleased Almighty God to bless the confederate arms, they had just reason to hope for an honourable, good, safe and lasting peace; and although the French king was encouraged, in or about the month of April, 1711, to make propositions of peace to her late majesty, signed by M. de Torcy, his secretary of state, which her said majesty having pleased to communicate to the ministers of the States General; she did, however, graciously declare, by Henry viscount Bolingbroke, then Henry St. John, esq. and one of her principal secretaries of state, her sentiments to them, that the said propositions 'were too general;' and, at the same time, the said viscount did, in her majesty's name, and by her special command, give them her utmost and most solemn assurances, That in making 'peace, as in making war, she would act in 'perfect concert with them;' in which senti ments the States concurring with her majesty, reciprocal assurances of mutual confidence, so necessary to prevent the designs of the enemy, were returned by them to her majesty; notwith-choice of England; by which treacherous and standing which,

ARTICLE I.

6

"He the said Henry viscount Bolingbroke, then being one of her majesty's principal secre

edly form a most treacherous and pernicious contrivance and confederacy, with other evildisposed persons, then also of her majesty's privy council, to set on foot a private, separate, dishonourable and destructive negociation of peace between Great Britain and France, without any communication thereof to her majesty's allies, according to their said several trea ties: and was not only wanting in his duty and trust to her majesty, by not opposing, and, as far as was in his power, by not advising her majesty against going into any private separate negociation with France; but, in execution of his purposes aforesaid, he the said Henry viscount Bolingbroke did advise her late majesty to send Matthew Prior, esq. directly to the court of France, to make propositions of peace, without communicating the same to her majesty's allies; and accordingly the said Matthew Prior, by the advice and with the privity of him the said Henry viscount Bolingbroke and other false and evil counsellors, in or about the months of July or August, in the year of our Lord 1711, was sent in a clandestine manner from England to France, and did communicate the said propositions of peace to the ministers of France; in which the particular interests of Great Britain, as well as the common interest of Europe, were shamefully betrayed; and, in manifestation of his design to exclude her majesty's allies from their just share in the said negociation, an express Article was inserted in the said propositions, by the privity and advice of him the said Henry viscount Bolingbroke, that the secret should be inviolably kept, till allowed to be divulged by the

mutual consent of both parties; although the French king had, in the propositions signed by M. de Torcy, and transmitted in the month of April preceding, offered to treat with the plenipotentiaries of England and Holland alone, or jointly with those of the allies, at the

dangerous advice, he the said Henry viscount Bolingbroke did not only contrive and set on foot a negociation of peace, more advantageous to France than ever France itself bad asked; but thereby did put it into the power of the

ARTICLE II.

common enemy, to create incurable jealousies | veral years before, and till the said month of and discords between her majesty and her October 1711, there was open war between her faithful allies, and to destroy that confidence late majesty and the French king; and, the which had so long and so successfully been said war continuing, for all the said time and cultivated between them, and which was so ne- afterwards, the French king and his subjects cessary for their common safety. were enemies to her late majesty; he the said Henry viscount Bolingbroke, being then one of her majesty's principal secretaries of state and one of her majesty's privy council, and a subject of her said majesty, not considering the duty of his allegiance, but having altogether withdrawn the cordial love, and true and due obedience, which every true and faithful subject owned to her said majesty, and designing to give aid and succour and to adhere to the said French king against her said majesty; did, on or about the 2d of October, 1711, during the said war, falsely, wickedly, maliciously, and traitorously, aid, help, assist and adhere to, the said French king, and his subjects, enemies to her said late majesty, against her said late majesty and in execution and performance of his said aiding, and assisting and adber

"That the French king having in or about the months of August or September 1711, with the privity, and by the contrivance, of the said viscount Bolingbroke and others, sent over M. Mesnager into England, to carry on a separate and clandestine negociation of peace; he the said Henry viscount Bolingbroke did afterwards, in the said mouth of September, 1711, or thereabouts, secretly and unlawfully, and without any colour of authority, meet, confer, and treat with the said Sieur Mesnager, on the negociations of peace between Great Britain and France; and therein did advise and promote the making a private and separate treaty or convention on the said subject of peace, between the said crowns, without any communi-ing, he did, on or about the 2d of October, 1711, cation thereof to her majesty's allies; and the falsely, maliciously, and traitorously disclose said Henry viscount Bolingbroke did after- and communicate her majesty's said instrucwards in violation of his oath, and high trust, tions to her said ambassador; and was privy falsely and treacherously advise her late ma- to, and did advise, consent, or approve, that the jesty to sign powers to several persons, for same should be, and accordingly the same were, concluding, on her behalf, a pernicious and de- communicated and disclosed to the said Sieur structive treaty, or convention, on the said sub- Mesnager, a subject of the said French king, ject of peace with France; and, on or about and an enemy to her late majesty; and, in the said 27th of September, 1711, a dishonour- further execution and performance of his said able, destructive and fatal treaty or convention aiding, assisting, and adhering, he the said was concluded and signed, by the said Sieur Henry viscount Bolingbroke did, in and by a Mesnager on the part of France, and by the letter, or writing, by him wrote to M. de earl of Dartmouth and the said viscount, being Torcy, on or about the said 2d day of October, then two of her majesty's principal secretaries 1711, disclose, communicate, and notify, or did of state and of her privy council, on the part of intend to notify, to M. de Torcy, a subject, miher majesty, by virtue only of a warrant under nister, and secretary to the French king, and her majesty's sign manual under the signet, an enemy to her late majesty," That the said directed to themselves, but not countersigned, Sieur Mesnager was fully informed of her maand without the least knowledge or participa-jesty's said instructions to the earl of Strafford;" tion of the allies; in which treaty, the immediate interests of Great Britain are given up to France; and, the duke of Anjou being therein admitted to remain king of Spain, the balance of power and the liberties of Europe were thrown into the hands of the House of Bourbon.

ARTICLE III.

"That whereas her late majesty queen Anne did, in or about the 1st of October, 1711, O. S. give instructions to Thomas earl of Strafford her ambassador to the States General of the United Provinces, to communicate to them certain propositions of peace, which had been contrived and concerted between the said Sieur Mesnager and the said viscount and others, intituled, Preliminary Articles on the part of France to come to a general peace, together 'with her majesty's sentiments and resolutions thereupon; and also her majesty's further and particular resolutions concerning the prosecution and carrying on the war against France and Spain, in case the States were desirous to carry on the said war:' And whereas, for se

thereby falsely, inaliciously, and traitorously, informing and advising the said M. de Torcy, from what person, and by what means he might come to the knowledge of her majesty's said instructions, contrary to the duty of his allegiance and the laws and statutes of this realm.

ARTICLE IV.

"That whereas her late majesty queen Anne did, in or about the month of December, 1711, in due form of law, under her great seal, constitute the right reverend John lord bishop of Bristol and Thomas earl of Strafford her plenipotentiaries, with full powers and instructions, to meet, treat, and conclude, with the plenipotentiaries of her allies, and those whom the French king should on his part depute for that purpose, the conditions of a good and general peace; and whereas his imperial majesty, their high mightinesses the States General of the United Provinces, and other her majesty's allies, and the French king, having duly constituted and appointed their several and respective plenipotentiaries for the purposes aforesaid, the

negociations and conferences for a general peace were opened between them, at Utrecht, about the months of January or February, 1711, and the same continued till the 4th of March, 1711, and afterwards: and whereas, on the said 4th day of March, 1711, there was open war between her late majesty and the French king, and the same having continued for several years before, and at the same time and afterwards: the said French king and his subjects were during all the said time enemies to her said majesty and her subjects; he the said Henry viscount Bolingbroke, then being one of her majesty's principal secretaries of state, and of her privy council, and a subject of her said majesty, not considering the duty of his allegiance, but having withdrawn his duty and obedience from her said majesty, and conspiring and confederating with the enemies of her said majesty, and the subjects of the said French king, to give him aid and succour against her said majesty, did, on or about the said 4th day of March, 1711, falsely, wickedly, and traitorously, aid, comfort, assist, and adhere to, the said French king, against her said majesty; and in execution and performance of his said aiding, assisting, and adhering, he the said viscount did, on or about the said 4th of March, 1711, falsely, maliciously, and traitorously, communicate and disclose her said majesty's then final instructions to her said plenipotentiaries, relating to the said negociations of peace; or was privy to, and did advise and consent and approve that the same should be, and accordingly the same were, communicated and disclosed to abbot Gaultier, an agent and emissary of the said French king, and an enemy of her said majesty; and, in further execution and perform-aiding, assisting, and adhering, maliciously, ance of his said aiding, assisting, and adbering, he the said Henry viscount Bolingbroke did, by a letter, or writing, wrote by himself, on or about the said 4th of March, falsely, maliciously, and traitorously, disclose, communicate, and notify, or did intend thereby to communicate and notify, to M. de Torcy, a minister, secretary of state, and subject of the said French king, and an enemy of her said majesty," That the said Gaultier was informed of her majesty's said instructions to her said plenipotentiaries;" thereby falsely and traitorously informing and advising the said M. de Torcy by what means, and from what persons, he might have the knowledge of her majesty's said instructions, contrary to the duty of his allegiance, and the laws and statutes of this realm.

| Great Britain, that the said town and fortress of Tournay should remain to the said States General as part of their barrier: and whereas her majesty, in her instructions of December the 23d, 1711, to her plenipotentiaries at Utrecht, had expressly directed them to insist with the plenipotentiaries of France, in the general congress, "That, towards forming a sufficient barrier for the States General, Tournay should remain to their high mightinesses ;" and did afterwards declare herself conformably thereanto, in a Speech to both Houses of Parliament, on the 6th of June, 1712, in which she communicated to them the terms whereon a peace might be made, and whereas, for several years before and till the said months of September and October in the year of our Lord 1712, there was open war between her late majesty and the French king, and, the said war continuing, for all the said time and afterwards, the said French king and his subjects were enemies to her majesty; he the said Henry viscount Bolingbroke, then being one of her majesty's principal secretaries of state and of her privy council, and a subject of her said majesty, not considering the duty of his allegiance, but having altogether withdrawn the cordial love and true and due obedience which every true and faithful subject owed to her said majesty, and designing to give aid and succour and to adhere to the said French king, against her said majesty, did, in or about the months of September or October, 1712, during the said war, falsely, maliciously, wickedly, and traitorously, aid, help, and assist, and adhere to, the said French king, then an enemy to her late majesty, against her said majesty ; and, in execution and performance of the said

ARTICLE V.

"That whereas the States General of the United Provinces were, in or about the months of September or October in the year of our Lord 1712, in possession of the strong and important town and fortress of Tournay; and whereas the French king, had, during the course of the said private, separate, and traitorous negociation between him the said Henry viscount Bolingbroke and others, and the ministers of France, signified his consent to the ministers of

falsely, and traitorously, did counsel and advise the said enemy, in what manner, and by what methods, the said important town and fortress of Tournay, then in possession of the States General, might be gained from them to the French king, contrary to the duty of his allegiance, and the laws and statutes of this realm.

ARTICLE VI.

"That whereas her late majesty queen Anne, not only in pursuance of the treaties she stood engaged in to her good allies, and in particular to his imperial majesty, for the recovery of the monarchy of Spain to the House of Austria, thereby to preserve a due balance of power in Europe: but also from her just resentments against the duke of Anjou, who then stiled himself king of Spain, and who in defiance of her majesty's title to the crown, had acknow ledged the Pretender as king of Great Britain, and, on these just foundations, her majesty had, in vindication of the honour of the crown, and in justice to her people, at a vast expence of blood and treasure, and on the earnest and repeated advices of her parliament, prosecuted a vigorous war against the said duke of Anjou; and whereas, in the years of our Lord 1710, 1711, and 1712, the said open, bloody, and expensive war was carried on, be

"All which Crimes and Misdemeanors were committed and done by him the said Henry "1st, Because we cannot give our consent viscount Bolingbroke, against our late sovereign to the affirming, that the lord to be attainted by lady the queen, her crown and dignity, the this Bill is fled from justice, being known to peace and interest of this kingdom, and in have left England before he was impeached in breach of the several trusts reposed in him parliament; nor does it appear to us, that the the said viscount; and he the said Henry vis-lord so impeached has had any summons to recount Bolingbroke was one of her majesty's principal secretaries of state, and one of her privy council, during the time that all and every the crimes before set forth were done and committed."