EARL OF OXFORD SENT TO THE TOWER.

When the articles against the earl of Oxford were read in the house, a warm debate arose upon the eleventh, by which he was charged with having advised the French king in what manner Tournay might be gained from the states-general. The question being put, whether this article amounted to high-treason; sir Robert Raymond, formerly solicitor-general, maintained the negative, and was supported not only by sir William Wyndham and the tories, but also by sir Joseph Jekyll. This honest patriot said it was ever his principle to do justice to every body, from the highest to the lowest; and that it was the duty of an honest man never to act by a spirit of party; that he hoped he might pretend to have some knowledge of the laws of the kingdom; and would not scruple to declare, that in his judgment the charge in question did not amount to high-treason. Mr. Walpole answered with great warmth, that there were several persons both in and out of the committee, who did not in the least yield to that member in point of honesty, and who were superior to him in the knowledge of the laws, yet were satisfied that the charge specified in the eleventh article amounted to high-treason. This point being decided against the earl, and the other articles approved by the house, lord Conningsby, attended by the whig members, impeached the earl of Oxford at the bar of the house of lords, demanding at the same time that he might be sequestered from parliament, and committed to safe custody. A motion was made, that the consideration of the articles might be adjourned. After a short debate the articles were read; then the tory lords moved that the judges might be consulted. The motion being rejected, another was made, that the earl should be committed to safe custody. This occasioned another debate, in which he himself spoke to the following purpose: that the whole charge might be reduced to the negotiations and conclusions of the peace; that the nation wanted a peace, he said, nobody would deny; that the conditions of the peace were as good as could be expected, considering the backwardness and reluctancy which some of the allies showed to come into the queen’s measures; that the peace was approved by two successive parliaments; that he had no share in the affair of Tournay, which was wholly transacted by that unfortunate nobleman who has thought fit to step aside; that for his own part, he always acted by the immediate directions and commands of the late queen, without offending against any known law; and, being justified by his own conscience, was unconcerned for the life of an insignificant old man; that, if ministers of state, acting by the immediate commands of their sovereign, are afterwards to be made accountable for their proceedings, it might one day or other be the case with all the members of that august assembly; that he did not doubt their lordships, out of regard to themselves, would give him an equitable hearing; and that in the prosecution of the inquiry it would appear he had merited not only the indulgence, but even the favour of his government. “My lords,” said he, “I am now to take my leave of your lordships, and of this honourable house, perhaps for ever; I shall lay down my life with pleasure in a cause favoured by my late dear royal mistress. When I consider that I am to be judged by the justice, honour, and virtue of my peers, I shall acquiesce, and retire with great content; and, my lords, God’s will be done.” The duke of Shrewsbury having acquainted the house that the earl was very much indisposed with the gravel, he was suffered to remain at his own house in custody of the black-rod; in his way thither he was attended by a great multitude of people crying, “High-church, Ormond and Oxford for ever!” Next day he was brought to the bar; where he received a copy of the articles, and was allowed a month to prepare his answer. Though Dr. Mead declared that if the earl should be sent to the Tower his life would be in danger, it was carried, on a division, that he should be conveyed thither on the sixteenth day of July. During the debate, the earl of Anglesea observed, that these impeachments were disagreeable to the nation, and that it was to be feared such violent measures would make the sceptre shake in the king’s hands. This expression kindled the whole house into a flame. Some members cried, “To the Tower!” some, “To order!” The earl of Sunderland declared, that if these words had been spoken in another place, he would have called the person that had spoken them to an account; in the meantime he moved that the noble lord should explain himself. Anglesea, dreading the resentment of the house, was glad to make an apology; which was accepted. The earl of Oxford was attended to the Tower by a prodigious concourse of people, who did not scruple to exclaim against his persecutors. Tumults were raised in Staffordshire, and other parts of the kingdom, against the whig party, which had depressed the friends of the church and embroiled the nation. The house of commons presented an address to the king, desiring that the laws might be vigorously executed against the rioters. They prepared the proclamation-act, decreeing, that if any persons to the number of twelve, unlawfully assembled, should continue together one hour after having been required to disperse by a justice of peace or other officer, and heard the proclamation against riots read in public, they should be deemed guilty of felony without benefit of clergy.

GEORGE I, 1714—1727