Note 338 — Chapter XVI · ON THE STATE OF THE CONSTITUTION IN THE REIGNS OF ANNE, GEORGE I., AND GEORGE II.

Parl. Hist. 73. It was carried against Oxford by 247 to 127, Sir Joseph Jekyll strongly opposing it, though he had said before (Id. 67) that they had more than sufficient evidence against Bolingbroke on the statute of Edward III. A motion was made in the Lords, to consult the judges whether the articles amounted to treason, but lost by 84 to 52. Id. 154. Lord Cowper on this occasion challenged all the lawyers in England to disprove that proposition. The proposal of reference to the judges was perhaps premature; but the house must surely have done this before their final sentence, or shown themselves more passionate than in the case of Lord Strafford.