Ordered, That the said Mr. William Fraser be assigned the petitioner's solicitor, in the room of the said Mr. Hugh Fraser, as desired: and that the said Mr. William Fraser may have access to the petitioner at all seasonable times. Ordered, That Monday, the 23d day of February next, be, and is hereby appointed for, the Trial of Simon iord Lovat, in Westminsterhall, upon the Articles of Impeachment ex hibited against him by the House of Commons for High Treason. And a Message was sent to the House of Commons, by Mr. Spicer and Mr. Edwards, to acquaint them therewith. Then the House appointed a committee to inspect the Journals of this House, relating to former cases of impeachments; and to consider of the proper methods of proceeding on the Impeachment against Simon lord Lovat; and to report to the House what they shail think proper thereupon. Die Lune, 2 Februarii, 1746-7. The earl of Warwick reported from the lords committees appointed to inspect the Journals of this House, relating to former cases of impeachments; and to consider of the proper methods of proceeding on the Impeachment against Simon lord Lovat; and to report to the House what they shall think proper thereupon; That the committee had met, and inspected the Journals of this House, in former cases of impeachments; and had considered the matters to them referred; and had come to several resolutions: which his lordship reported. And thereupon several orders were made, touching the course of proceeding to, and at the ensuing Trial, and for preserving the peace; and amongst them as follows; viz. Ordered, That an humble Address be presented to bis majesty, to acquaint his majesty, that this House hath appointed the Trial of Simon lord Lovat, upon the Articles of Impeachment of High Treason exhibited against him by the House of Commons, to begin in Westminster-hall on Monday, the 23d day of this instant February: and humbly desire, that his majesty will be pleased to appoint a lord high steward, to continue during the said Trial. Ordered, That the witnesses, which shall be produced by the lord Lovat to be examined in his defence, shall be examined upon oath ; which oath shall be administered in the like form as an oath was directed by this House to be administered to any witnesses, who should be produced by the earl of Wintoun* at his Trial. Ordered, That the lord great chamberlain be desired to take care and give order, that accommodations be made in the scaffold already erected in Westminster-hall for the Commons, as hath been used in Trials in Westminster-hall upon impeachments. Die Mercurii, 4 Februarii, 1746-7. The Lord Steward reported, That the lords with white staves had (according to order) presented to his majesty the Address of this House of Monday last, for the appointment of a lord high steward, to continue during the Trial of Simon lord Lovat; and that his majesty had been pleased to give orders accordingly. Ordered, That the said Commission for appointing a lord high steward shall be in the like form as that for the Trial of the lord viscount Stafford, as entered in the Journal of this House the 30th of November, 1680, except that the same be in the English language. Die Mercurii, 18 Februarii, 1746-7. A Petition of Simon lord Fraser of Lovat was presented and read; setting forth, That upon the appointment of his Trial, he immediately dispatched one of his solicitors to summon the petitioner's material witnesses, who are at great distances from each other, inhabiting in the counties of Inverness and Ross; but by reason of the inclemency of the weather, the badness of the roads, and other unavoidable accidents, none of them are yet arrived, nor can possibly be got to London by the time of trial; and praying, that this House will appoint some more distant time for that purpose. And thereupon William Fraser and William Goostrey, two of the petitioner's solicitors, were called in, and heard at the bar, to verify the truth of the allegations of the said Petition: and being withdrawn, Ordered, That the time appointed for the petitioner's Trial be, and is hereby, enlarged till to-morrow fortnight, the 5th day of March next. Ordered, That a Message be sent to the House of Commons, to acquaint them, that upon the humble Petition of Simon lord Lovat, lord Lovat, (viz. Wednesday, May 6, 1747,) a Bill (moved for by sir William Yonge) was brought into the House of Commons for allowing persons impeached of high treason, whereby any corruption of blood may be made, or for misprision of such treason, to make their full defence by counsel. It received the royal assent on the 17th of June. It is the statute 20 G. 2, с. 30. * See his Case, vol, 15, p. 806. for putting off his Trial to a further day, for | Articles, remain defenceless, should your lord the reasons therein alleged, the Lords have en-ships in the interim proceed to trial. And a Message was accordingly sent to the Die Lune, 2 Martii, 1746-7. A Petition of Simon lord Fraser of Lovat, with an Affidavit of Hugh Fraser thereto annexed, were presented to the House, and read, as follows: To the Right Hon. the Lords Spiritual and of LOVAT, Sheweth; That your lordships having appointed your petitioner's Trial for the 23rd of February, your petitioner did lately take the liberty humbly to represent the impossibility he was under to prepare so soon for trial, in respeet his witnesses, from the badness of the road, were not then arrived; and your lord ships were pleased to indulge your petitioner with a delay till Thursday next. That Hugh Fraser, whom your petitioner had directed to serve your lordships' summons upon your petitioner's witnesses, arrived in town, with sundry of them, late on Friday night, having duly served your lordships said order upon several other persons, who were all material witnesses for your petitioner. That Thomas Fraser of Struy, and Donald Fraser, alias Down, two of the witnesses, served as aforesaid, were prevented, by sickness, from setting out as early as some of the rest; but had declared to the said Hugh Fraser their willingness to obey your lordships' summons as soon as they were able to travel; which your petitioner hopes may soon be the case. That William Fraser of Belloan, Alexander Your petitioner therefore humbly prays, your lordships would be pleased to appoint a more distant day for his Trial; and that your lordships would be pleased to compel the said William, Alexander, Thomas, Donald, and Alexander Frasers, to attend your petitioner's Trial at such time as your lordships shall think fit; or to grant him such other relief, as to your lordships, in your great wisdom, shall seem meet. And your petitioner shall ever LOVAT. pray. In the House of Lords. Upon an Impeachment for High Treason against Simon Lord Lovat: Hugh Fraser, of Grays Inn, in the county of Middlesex, gentleman, maketh oath, that he this deponent did, on the 10th day of February last, personally serve Thomas Fraser of Struy, and on the 12th day of the said month of February, did also personally serve William Fraser of Belloan, Alexander Fraser of Belnain, Thomas Fraser of Garthmore, Alexander Fraser of Beloloyne, and Donald Down, alias Fraser, with an Order of this honourable House, bearing date the 16th of January last past: whereby it was ordered, that the said several persons, and others named in such order, should attend this House as witnesses for the said Simon lord Lovat, who stands impeached of high-treason by the House of Commons, by delivering to each of them a true copy of the said order, and, at the same time, shewing to each of them the said original order. And this deponent further saith, that the said William Fraser of Belloan, Alexander Fraser of Belnain, Thomas Fraser of Garthmore, and Alexander Fraser of Beloloyne, though served with the said order as aforesaid, absolutely refused to obey the said order; and this deponent verily believes will not attend the said Trial: and the said Thomas Fraser of Struy, and Donald Down, alias Fraser, were both at the time of such service sick, and unable to travel; and declared themselves inca Fraser of Belnain, Thomas Fraser of Garth-pable of complying with the said order. more, Alexander Fraser of Beloloyne, and the reverend Mr. Donald Fraser, minister at Kil. learnan, who are all material witnesses for your petitioner, and without whose testimony your petitioner cannot safely proceed to trial, have absolutely refused to attend, though regularly served with your lordships' summons, as by affidavit annexed appears; and that the persons, named as aforesaid, are material and necessary witnesses, your petitioner is ready to make affidavit of; but being strictly confined in the Tower, and no person having access to him without your lordships' order, he has no opportunity so to do. That under these circumstances, and that your petitioner, without your lordships' interposition, cannot compel the said persons to attend his Trial, he is under a necessity to apply to your lordships for relief, without which he must, as to the charge in some of the aforesaid HUGH FRASER. Sworn the 2d day of March, 1746, before me, at the Court of Requests. M. THURSTON. Afterwards the said Hugh Fraser, and Mr. Goostrey, one of the prisoner's solicitors, were called in, and examined at the bar: and being withdrawn, Ordered, That the said Petition be rejected. Ordered, That the lieutenant of the Tower of London, or his deputy, do bring to the bar of this House, in Westminster-hall, on Thursday next, at ten of the clock in the forenoon, Simon lord Lovat, in order to his trial upon the Impeachment of High Treason exhibited by the House of Commons against him. Then, A Message was sent to the House of Comby the former messengers, to acquaint them that the Lords will he ready to go down mons -into Westminster-hall, at the time above mentioned, in order to the Trial of the said lord Lovat. Die Martis, 3 Martii, 1746-7. A Petition of Simon lord Fraser of Lovat, with the Affidavits of Mr. George Ross, and Mr. William Fraser, thereto annexed, were presented and read as follows: To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled ; The Humble PETITION of SIMON Lord FRASER of LOVAT: Sheweth; That nothing but the utter impossibility the petitioner and his agents are under, of preparing his defence against Thursday the 5th of this instant March, could have induced him to trouble your lordships with this second application for some days further time. But none of your petitioner's witnesses coming to town till late on Friday night last; and one of your petitioner's agents having received an account by last night's post, that two other persons, who were summoned as witnesses for your petitioner, set out from Edinburgh on the 24th and 25th of last month, and are not yet arrived in London, but expected here by the end of this week, your petitioner cannot possibly be prepared to take his Trial before Monday next. represent The petitioner begs leave further to to your lordships, that in the present unhappy situation of his affairs, he has no means of furnishing himself with money, either for applying to counsel, bearing the charge of his witnesses, or other necessary expence, but from the supply afforded him by his agents, who have already advanced him considerable sums for the above purposes, which are already expended; that the solemnity, and unavoidable length of the proceedings, making further sums of money still necessary, the petitioner is afraid that his defence may suffer on that account, unless your lordships are pleased, in compassion to his present difficulty, to give some kind of encouragement to his agents, to hope they shall be repaid what they already have, or may hereafter disburse on the petitioner's account; it being, by the loss of the petitioner's moveables, out of his own power to give them any kind of indemnification. The petitioner also prays your lordships to assign Mr. Charles Hamilton Gordon to be one of his counsel, in place of Mr. Starkey, who, on account of the bad state of his health, has declined giving the petitioner his assistance. May it therefore please your lordships in consideration of the premises, to put off the petitioner's Trial until the next Monday; and to make such other order upon this applic application as to your lordships shall seem meet. And your petitioner shall ever pray, &c. LOVAT. In the Impeachment of the Commons of GreatBritain against Simon lord Fraser of Lovat: George Ross, one of the solicitors assigned by the right honourable the House of Lords to the said Simon lord Fraser of Lovat, maketh oath, That since his appointment, he has at different times laid out and expended upwards of 600l., out of his own pocket, in feeing of his lordship's counsel, bringing up his witnesses, and other charges attending the several steps already taken, towards preparing for the said lord's defence, without receiving any money or security whatsoever for his indemnification. GEORGE ROSs. Sworn at the public office, 2d March, In the Impeachment of the Commons of GreatBritain, against Simon lord Lovat.-In the House of Lords : William Fraser, writer to his majesty's signet, maketh oath, That last night he received advice from Edinburgh, that Thomas Fraser of Struy, and Mr. Donald Fraser, two of the witnesses summoned on the behalf of lord Lovat, are now upon the road, and will be here by Saturday or Sunday next: which information this deponent believes to be true. WILL. FRASER. Sworn at the public office, 3d March, 1746, before THO. BENNET. Ordered, That the Trial of the petitioner be put off to Monday next, as desired. A Message was sent to the Commons, by Mr. Burroughs and Mr. Allen, to acquaint them, that this House, upon the Petition of the said lord Lovat, for the reasons therein contained, hath enlarged the time of his Trial upon the Impeachment of High-Treason exhibited against him by the House of Commons, to Monday next, at 11 o'clock in the forenoon; and that their lordships will be ready to go down into Westminster-hall at the time above-mentioned, in order to his Trial. Ordered, That the lieutenant of the Tower of London, or his deputy, do bring the said lord Lovat to the bar of this House in Westminster-hall, at 10 o'clock in the forenoon, on Monday next, in order to his Trial upon the said Impeachment. Peers minors, two and two. York and Windsor heralds. perpetrated; we, considering that justice is an excellent virtue, and pleasing to the Most High, Four serjeants at arms with their maces, ❘ and being willing, that the said Simon lord two and two. The yeoman usher of the House. Then the Peers, two and two, beginning with the youngest baron. Then four serjeants at arms with their maces, two and two. The serjeants at arms attending the great seal, and purse bearer. Then Garter king at arms, and the gentleman usher of the black-rod, carrying the white staff before the lord high steward. Philip lord Hardwicke, lord high chancellor of Great Britain, lord high steward, alone; his train borne. The Lords having taken their places in the court, according to their degrees, the Lord High Steward being upon the uppermost woolpack; and the Commons, and their Managers, being also in the seats respectively prepared for them; The clerk of the crown in Chancery having his majesty's Commission to the Lord High Steward in his hand, standing before the clerk's table with his face towards the state, made three reverences, the first at the table, the second in the midway, and the third near the wool-pack; then kneeled down, and on his knee, presented the Commission to the lord high steward; who delivered the same back to him; who, rising, made three reverences, and returned with it to the table: And then proclamation was made for silence; in this manner: Serjeant at Arms. Oyes, Oyes, Oyes! Our sovereign lord the king strictly charges and commands all manner of persons to keep silence, upon pain of imprisonment. Then the Lord High Steward stood up, and spoke to the peers. Lord High Steward. His majesty's Commission is about to be read: your lordships are desired to attend to it in the usual manner; and all others are likewise to stand up, uncovered, while the Commission is reading. All the peers uncovered themselves; and they, and all others, stood up uncovered, while the commission was read; which is as fol. lows: viz. GEORGE R. George the second, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, and so forth, to our right trusty and well-beloved counsellor Philip lord Hardwicke, baron of Hardwicke in our county of Gloucester, our chancellor of Great Britain, greeting. Whereas Simon lord Lovat, before us in parliament, by the knights, citizens, and burgesses, in our parliament assembled, in the name of the said knights, citizens, and burgesses and in the name of all the Commons of our kingdom of Great Britain, is and stands impeached and accused of High.Treason, by him the said Simon lord Lovat committed and Lovat should, before us in our present parliament, according to the law and custom of this our kingdom of Great Britain, and according to the custom of parliament, be heard, sentenced, and adjudged, touching and concerning the said High-Treason whereof be stands impeached and accused, as aforesaid, and that all other things, which are necessary in this behalf, should be in due manner done and executed; and forasmuch as the Lords spiritual and temporal in our present parliament assembled, have most humbly besought us, that we would vouchsafe to appoint a Steward of Great-Britain for this time; we, very much confiding in your fidelity, prudence, provident circumspection, and industry, have for this cause, ordained. and constituted you Steward of Great Britain, to bear, execute, and exercise, for this time, the said office, with all things to the same office in this behalf due and belonging: and therefore we command you, that you diligently set about the premises, and, for this time, do exercise and execute, with effect, all those things, which belong to the office of Steward of Great-Britain, and which are required in this behalf. In witness whereof, we have caused these our letters to be made patent. Witness ourself at Westminster, the 9th day of March, in the 20th year of our reign.-By the king himself, signed with his own hand. YORKE and YORKE. Serj. at Arms. God save the king. Then Garter, and the gentleman usher of the Black Rod, after three reverences, kneel-> ing, jointly presented the white staff to his grace the Lord High Steward: and then his grace, attended by Garter, Black Rod, and the purse-bearer (making his proper reverences towards the throne), removed from the woolpack to an armed chair, which was placed on the uppermost step but one of the throne, as it was prepared for that purpose; and then seated himself in the chair, and delivered the staff to the gentlenian usher of the Black Rod on his right hand, the purse-bearer holding the purse on the left. Cl. of the Cr. Serjeant at Arms, make proclamation. Serj. at Arms. Oyes, Oyes, Oyes! Our sovereign lord the king strictly charges and commands all manner of persons to keep silence, upon pain of imprisonment. L. H. S. Is it your lordships' pleasure, that the judges have leave to be covered? Lords. Ay. Then another proclamation was made, as follows: Serj. at Arms. Oyes, Oyes, Oyes! Lieutenant of the Tower of London, bring forth your prisoner to the bar, according to the order of the House of Lords to you directed. Then Simon lord Lovat was brought to the bar by the deputy-governor of the Tower, hav ing the axe carried before him by the gentle- | any witness produced by them, you will have man gaoler, who stood with it on the left-hand of the prisoner, with the edge turned from him. The prisoner when he approached the bar, made three reverences, and then fell upon his knees at the bar. L. H. S. Your lordship may rise. Then the prisoner rose up, and bowed to his grace the Lord High Steward, and to the House of Peers: which compliment was returned him by his grace and the Lords. And proclamation being again made for keeping silence, the Lord High Steward spake to the prisoner as follows: Lord High Steward. Simon lord Lovat, you stand impeached of High-Treason by the knights, citizens, and burgesses in parliament assembled, in the names of themselves, and of all the Commons of Great Britain; and your lordship is now brought to the bar of this House to receive your Trial upon that impeachment. The weight of this accusation, the solemn manner of exhibiting and prosecuting it, and the awfulness of this supreme judicature, the most illustrious in the world, are circumstances, that may naturally strike your mind with anxious and alarming apprehensions. Reasonable and well-grounded must those appre hensions be, if they proceed from that greatest of all terrors, a consciousness of guilt. But if your lordship is innocent; if you have really preserved yourself untainted with the heinous crimes laid to your charge, as you have averred by your Answer; these very awful circumstances, when duly considered, ought to have a contrary effect, and to afford you support and consolation. Your lordship can never doubt of the greatest fairness and candour in the management of a prosecution carried on by the House of Commons, intrusted and highly concerned to preserve the rights and liberties of their fellowsubjects. Neith Neither can you entertain the least doubt of a just and impartial Trial, where the law of the land, and the custom and usage of parliament (an essential part of that law), constitute the rule of proceeding; and the decision and judgment rest in the breasts of these noble lords your peers, who are to try you upon that honour, which is inseparable from them, and to judge you by that law, which is the great security of themselves and their posterity. It is my duty to put your lordship in mind of some things, which may be of use to you in the conduct of your defence; but in this I shall be the shorter, since, at your own request, counsel bave been already assigned you, with whom you must be presumed to have advised. Your lordship must give due and patient attention to the reading of the Articles of Impeachment, and what shall be said by the Managers for the House of Commons, or offered in evidence against you, without giving any interruption: but when the Managers shall have finished the examination, on their part, of liberty to cross-examine that witness. When the Managers for the Commons sball have gone through their evidence, and closed what they shall think fit to offer by way of charge, then will be your lordship's time to make your defence. In doing this, you and your witnesses will be heard with the greatest attention and equity. But your lordship must take notice, that your counsel are not to examine or cross-examine any witness, nor to give you any assistance, while matter of fact only is in question; but, if any point or matter of law shall arise during this proceeding, they will, according to the known rules in such cases, be heard to it in your behalf; and, for that purpose, are permitted to be present whilst your lordship is at the bar. The witnesses produced in your defence, must be examined upon oath, pursuant to a very just and wise provision made by act of parliament in the first year of the late queen Anne, and according to the form established by their lordships in former cases of impeachments. By command of their lordships, I am further to acquaint you, and all other persons, who shall have occasion to speak to this Court, that they are to address themselves to the lords in general, and not to any lord in particular. If Before I conclude, I must beg the indulgence of the House to add one thing more. your lordship shall desire to have the use of pen, ink, and paper, to take notes in order to your defence, I presume it will be permited; and if, in the course of your Trial, you should happen to omit any advantage which in law and justice ought to be allowed to you for your defence, such is the candour of any lords your judges, that I trust I shall meet with their approbation in giving you notice of it. The Articles of Impeachment, and the lord Lovat's Answer thereunto, as also the Replication of the Commons to the said Answer, were (by command of the Lord High Steward) read, and the same are as follow: ARTICLES OF IMPEACHMENT OF HIGH Whereas the imperial crown and government of these kingdoms have been long, duły, and happily established, in the royal family of his present most sacred majesty, upon principles equally conducive to the honour and safety of the crown, and to the protection and liberty of the subject; whereby settled laws are made the common measure of justice to both, and a prerogative wisely calculated to promote the greater good. of the people, and answer the exigencies of government, has been ascertained and secured : jesty, and his royal father, have given the And whereas the reigns of his present mastrongest and most illustrious proofs of the |