But the report of the proceedings in "the trial of Thomas, Earl
of Macclesfield, Lord High Chancellor of Great Britain,
before the House of Lords, for high crimes and misdemeanors
in the execution of his office," in 1725, is so full on this point,
and shows so clearly that it rested wholly with the lords to
fix the sentence, and that the assent of the king was wholly
unnecessary, that I give the report somewhat at length.
After being found guilty, the earl addressed the lords, for
a mitigation of sentence, as follows:
"I am now to expect your lordships' judgment; and I hope
that you will be pleased to consider that I have suffered
no small matter already in the trial, in the expense I have
been at, the fatigue, and what I have suffered otherways.
* * I have paid back 10,800 pounds of the money already; I have
lost my office; I have undergone the censure of both houses
of Parliament, which is in itself a severe punishment,' "&c;., &c;.
On being interrupted, he proceeded: "My lords, I submit
whether this be not proper in mitigation of your lordships'
sentence; but whether it be or not, I leave myself to your
lordships' justice and mercy; I am sure neither of them will be
wanting, and I entirely submit.' * * *
"Then the said earl, as also the managers, were directed to
withdraw; and the House (of Lords) ordered Thomas,
Earl of Macclesfield, to be committed to the custody of the
gentleman usher of the black rod; and then proceeded to
the consideration of what judgment," (that is, sentence,
for he had already been found guilty,) "to give upon the
impeachment against the said earl."
"The next day, the Commons, with their speaker, being
present at the bar of the House (of Lords), * * * the speaker
of the House of Commons said as follows:
"My Lords, the knights, citizens, and burgesses in
Parliament assembled, in the name of themselves, and of
all the commons of Great Britain, did at this bar impeach
Thomas, Earl of Macclesfield, 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 (sentence) of your
lordships against Thomas, Earl of Macclesfield, for the
said high crimes and misdemeanors.'
"Then the Lord Chief Justice King, Speaker of the House
of Lords, said: 'Mr. Speaker, the Lords are now ready
to proceed to judgment in the case by you mentioned.'
Public-domain text, read in full here on John Shaqi.
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