(Page 307, paragraph 17.) On the 15th of March, 1715, the Lords proceed, in Westminster Hall, to the trial of the Earl of Winton, * impeached of high treason. † On the 16th, the Lord Winton making no material defence, the Commons reply. The Lords adjourn to the House above, where,‡ the Bishop of Winchelsea having delivered in a protestation for himself and the rest of the Bishops, § the Lords again adjourn to Westminster Hall, and the Lord High Steward demands the judgment of the Lords severally upon the Earl of Winton. He is unanimously found guilty, and, being brought to the bar, the Lord High Steward acquaints him therewith. 63, a list of the Lords who voted for and against this Bill. It was carried 66 to 60. Sir John Fenwick was executed on the 28th January, 1696-7. * See this trial, and the proceedings against the Earl of Derwentwater, in the State Trials, vol. vi., page 1 and 17. † In the course of the trial on the 15th, the Lord Forester, a peer of Great Britain, being produced as a witness, his Lordship, pursuant to an order of the Lords on the preceding day, came to the table, where a chair is placed for him. It does not appear, that during this adjournment of the Lords from Westminster Hall to the House above, the Managers of the Commons returned to the House, or that the Speaker resumed the Chair. § It appears from the Lords' Journal, of the 15th and 16th of March, that several Bishops were present, in the House of Lords, on both the days of the trial; and that they did not ask leave to withdraw, till just before the Lords were about to be called upon to give their opinion of Guilty or Not Guilty.-See before the note* p. 204. (Page 314, paragraph 31.) On the 18th of March, 1746, the evidence against Lord Lovat being closed, he is called upon to make his defence; but, desiring further time for witnesses to appear, the Managers for the Commons were heard in objection, and to sum up by way of reply. The Lords then adjourn to the Chamber of Parliament, and there resolve" to go "down again to Westminster Hall, and there proceed to "give their opinions, guilty, or not guilty ;"* which proceeding is had accordingly, the Managers for the Commons being present. And Lord Lovat being unanimously found guilty, he is brought to the bar, and the Lord High Steward acquaints him therewith. And then the Lords adjourn to the Chamber of Parliament, where they resolve to proceed, the next day, to the giving of judgment; and they acquaint the Commons of this by message. • Before they go down, the Archbishop of York for himself and the rest of the Bishops, delivered in a protestation, which is read, "saving to themselves and their successors all such rights "in judicature as they have by law, and of right ought to "have;" and desiring leave to be absent from the judgment, and to withdraw. Leave is accordingly granted. It appears from the Lords' Journals, that the Bishops had attended, through the course of the trial, to this stage; and had, consequently, voted in all the previous questions, particularly on the 10th of March, on the admissibility of a witness. In the list read over by the Clerk, on the 9th of March, of the names of the absent Lords, it appears that only seven Bishops were absent; nineteen were present. APPENDIX C. EXTRACTS from the Journals of the House of Commons, of the various Bills and Motions which have been brought forward in that House, since the period of the Union with Ireland, connected with the interests of the Established Religion*. *This list of Acts of Parliament, &c., is taken literally from the Journals, under the heads which are there found, as comprising subjects connected with the Protestant Church. It is not intended to imply that a more accurate classification might not be made in the proposed Select Committee. It may appear that other Acts have passed, relating to religion, or involving alterations of some of the laws respecting religion, which have not been enumerated in this schedule. It is part of my suggestion, that the Select Committee should furnish a more perfect report of the legislation, affecting the interests of the Protestant Church, which has taken place since the period of the Union. On the other hand, it is not intended to imply that restriction should necessarily extend to all the subjects introduced here, without exception. The only object will be, to secure that which can genuinely be considered as legislation affecting the interests of the Protestant Church. Page 272. J PART I. PUBLIC General Bills considered technically as "relating to Religion, or the Alteration of the Laws concerning Religion," and therefore required to originate in a Committee of the whole House; and Motions upon subjects of the same nature. PUBLIC GENERAL BILLS RELATIVE TO To promote the building and repairing thereof, and of Motion for bill to explain and amend the above act, &c.-R. A. 1810. Further provision for building and rebuilding churches and chapels in Ireland, &c.-R. A. 1809. Explaining doubts respecting sites of parish churches in Ireland.-R. A. 1813. To extend act 33 Geo. II., parliament of Ireland, building new churches.-R. A. 1804. To exempt churches, chapels, &c. from parochial rates. Places appropriated to instruction of poor exempt.— Third reading put off for three months. 1815. Building of chapels for divine service according to church of England.-Not proceeded in. 1817. * The pages refer to the printed volume of Index to the Journals from 1800 to 1820. |