others, considerable sums of money, and great quantities of wine, oil, and other provisions for the Fleet, to a very great value, for all which he ought to have accompted; but the said Earl did convert the same to his own use, and did either embezzle those Provisions, or reckoned them as bought with the money allowed for furnishing the Navy with fresh provisions; and that, for the advancing his own private interest, and securing himself from rendering any Accompt to the public, he the said Earl, during the said War, procured, enjoyed, and possessed, divers great offices, which were inconsistent, and in their nature improper to be executed by one and the same person, and which ought to be, and by the laws and usages of this realm were and are appointed and designed, as Checks one upon the other, in breach of the said laws, to the dishonour of his majesty, and prejudice of his people. IV." That he the said Earl, within the time aforesaid, hath clandestinely, contrary to the Law of Nations, sold and disposed of several Vessels, with their ladings and cargo, taken, under pretence of Prize, by his majesty's ships of war, without condemnation or judicial proceedings, and converted the money to his own use; well knowing, if they had been condemned, as by law they ought to have been, one tenth (after Customs allowed) and one third part of the value thereof, the Customs and the said tenth being deducted, are, by act of parliament, appropriated to especial uses; by which proceedings, the public has been greatly endamaged and defrauded, and the Debts of the nation increased. V." And whereas Complaints were made to the Commissioners for executing the office of Lord High Admiral of England (where the said Earl at that time presided), by the Company trading to the East Indies, of divers Piracies committed in the South East Seas, to the destruction of their Trade, desiring they might have Letters of Marque granted to them, whereby to be empowered (though at their own charge) to suppress such pirates: but the said Earl, preferring his own interest, discouraged and rejected their request and proposal; and in some short time after, jointly with others, did procure a Commission for one Wm. Kidd; as likewise a Grant under the great seal of England, to and for the use of him the said Earl and others, of the Ships and Goods of certain persons therein named, and also of all Goods found on board the said ships: and the said Company, having intimation of a Commission granted to the said Kidd, being apprehensive of the ill consequences of the same, did apply themselves to the said Board of Admiralty, desiring to know what Powers and Instructions were given; but such their reasonable request was denied; and Kidd, who was known to be a person of ill fame and reputation, ordered to pursue the intended voyage, in which he did commit divers Piracies and Depredations on the high seas, being thereto encouraged through the hopes of being protected by the high station and interest of the said Earl, in violation of the law of nations, and the interruption and discouragement of the Trade of England. VI." That the said Earl, within the time aforesaid, when an horrid Conspiracy was discovered against his majesty's sacred person, and the kingdom was under an apprehension of an immediate Invasion from France, and divers ships of war (particularly the ship Dutchesse) were armed out, equipped, and manned, in defence of the realm, to oppose the intended Invasion, did his utmost endeavour to prejudice and weaken the navy royal of England; for that he the said Earl, by colour of his office (being the First Commissioner for executing the office of Lord High Admiral of England, without the privity of the other Commissioners, contrary to his oath and duty, and preferring his hopes of gain to himself to the safety of the public, did order Capt. Steward, cominander of the ship Dutchess, to deliver over, and put on board the said Kidd, mentioned in the foregoing Article, out of the said ship Dutchess, a great number of able seamen, levied and provided at the expence of the public, and then discharging their duty in defence of their country, and against their own consent, to the prejudice of the public security, and to the endangering of the said ship Dutchesse, if it had been attacked by the enemy. VII. "That the said Earl, during the said War, and at a time of the greatest exigency and necessity, when ships, men, and money were wanting, to guard the seas and protect our trade, did by misrepresentations, and contrary to his bounden duty and the trust reposed in him, procure a grant or order for his majes ty's ship The Dolphin, then fitted out, manned, and equipped for the service of the public, to be employed in a private voyage and undertaking, for the advantage of himself and others concerned with him; in pursuance whereof, and for their private gain, the said ship was, at the public expence, continued in foreign parts for several months, to the destruction and loss of his majesty's subjects on board the same, to the weakening the Navy, by rendering the said ship unserviceable, and the increasing the Debts of the public. VIII. “That the said Earl, during the time of his commanding the navy royal of England, did, through neglect and in contempt of orders, unnecessarily hazard and expose to imminent danger the said Navy; and that, during the time aforesaid, having had many opportunities of taking or destroying the ships belonging to the French king, the said Earl, contrary to advice, in disobedience to orders, and in neglect of his duty, did suffer and permit the said ships to return safe into their own harbours. IX. "That the said Earl, well knowing our sovereign lord the king to have been engaged in several Alliances with the emperor of Ger many and other princes and states, particularly in a Treaty concluded with his Imperial majesty, in the year of our Lord 1689; the end and intention of all which Leagues and Treaties were, to prevent the Growth of the Power of the French king, and to secure England, and the antient allies of England, against the same; did notwithstanding, in concert with other false and evil counsellors, advise our said sovereign lord the king, in the year 1698, to enter into one Treaty for dividing the monarchy and dominions of Spain; in pursuance whereof, in the year 1699, one other Treaty was entered into for the like purpose, by which Treaties great injustice was done to the Emperor, an antient Ally of our said sovereign lord the king; and a large part of the said Spanish dominions were to be added to the crown of France; both which Treaties were prejudicial to the Interest of the Protestant religion all over Europe, ruinous to the Trade of England, and dishonourable to our sovereign lord the king, and the people of these kingdoms. All which Crimes and Misdemeanors were committed and done by him the said Earl against our sovereign lord the king, his crown and dignity, the peace and interest of this kingdom, and in breach of the several trusts reposed in him the said Earl. X. "And he the said Earl of Orford was one of the Lords Justices during his majesty's absence beyond the seas, the First Commissioner for executing the office of Lord High Admiral of England, Commander in Chief of his majesty's Navy Royal, one of his majesty's Privy Council, and Treasurer of his majesty's Navy, or in some or one of the said stations, during the time that all and every the Crimes before set forth were done and committed. "That the said Commons, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Earl; and also of replying to his Answers, or to any of them, and of offering proofs to all the said premises, or any of them, or any other Impeachment or Accusation that shall be exhibited by them, as the case shall according to the course of parliament require; do pray and demand that the said Earl may be put to Answer for all and every of the premises; and that such Proceedings, Examinations, Trials, and Judgments, may be upon every of them had and used, as is agreeable to law and justice." The Earl of Orford's Answer to the above Articles of Impeachment.] May 14. The Earl of Orford delivered his Answer to the above Articles of Impeachment: which was read, by the clerk, as follows: "The ANSWER of EDWARD earl of ORFORD, to the ARTICLES exhibited against him by the knights, citizens, and burgesses, in parliament assembled, in the name of themselves, and of all the commons of England, in maintenance of their Impeachment against the said Earl, for high Crimes and Misdemeanors supposed to be committed by him. "The said Earl, saving to himself all advantages of Exception to the said Articles, and of not being prejudiced by any words or want of form in this his Answer, and saving to him all privileges and rights belonging to him as one of the peers of this realm; for Answer to the said Articles, humbly saith, 1. "To the First Article, That he having for several years rendered his majesty his utmost service and duty, as a good and loyal subject ought to do; his royal majesty was graciously pleased, upon several occasions, to take notice of the same; and, out of his wonted bounty and of his free will, was pleased to give the said Earl two Grants, one whereof was a Reversionary grant for years, of some houses, depending upon a then precedent estate for about 29 years; which being a reversionary interest at so great a distance, although the said Earl thankfully received the same from his majesty, as his grace and bounty, yet the same was of no great value: and the other of them was a Grant of the remainder of a gross sumn, amounting to about 2000l. a year for 5 years; which are the only Grants of any manors, messuages, lands, tenements, hereditaments, or sums of money whatsoever, which he, or any in trust for him, hath had from his majesty; and which said two Grants his majesty was graciously pleased, after many years service, freely to bestow upon him the said Earl, without any surprize, sinister or indirect means of the said Earl in obtaining the same; and which Grants, he humbly conceives, were not unusual in like cases; the accepting whereof, he humbly hopes, was not any violation of his duty, or of any trust in him the said Earl reposed. II. "To the Second Article, the said Earl answereth, and denieth that he at any time converted to his own private use any public Money, issued to him for the service of the Navy; or that he the said Earl ever procured or had any privy seal or privy seals, to discharge him from accounting for the same: but saith, That he the said Earl did make up, and upon oath pass his Accompts, for the monies imprest to him for the service in this article mentioned, which Accompt was legally declared and passed, upon very strict and great examination, by the Lords Commissioners of the Treasury; and he the said Earl hath his quietus est in due course of law upon the same. But the Commissioners of the Victualling-office making some unusual objections to part of the said Accompt, concerning some provisions furnished to the fleet by the said Earl in the king of Spain's dominions, although the same were truly and really had and spent by the seamen in the fleet, and paid for by him the said Earl, and which objections in like cases had not been made, or stood upon, nor could be reasonably expected; his majesty was pleased to direct and order a privy seal, to dispense with the form in that particular; but the said Earl did make no advantage to himself thereby, nor was his majesty or the government in the least defrauded therein; it appearing, upon a very strict examination, that less rates were allowed for the said provisions, than had been allowed : beginning of March 1696, did apply to the Admiralty Board, of which the said Earl was one, to empower their ships and officers to seize and take all pirates infesting the seas within the limits of their charter, and likewise to erect a Court of Admiraity in those parts, to try and condemn such Pirates as they should take; upon which application, the Board of Admi ralty did take advice, and were informed they bad no authority to grant the same; and de before in like cases, or, as the said Earl is in- | formed, hath been since allowed and to the latter part of the said Article saith, That, for the monies by him received as Treasurer or Receiver-general of the Navy, he hath already delivered in his Accompts, and is ready to perfect the same according to the ordinary inethod, some of them lying ready with the auditors to be declared, and the rest of them being made up, and delivered in to be examined, in order to be passed; and saith, after just al-nies he the said Earl ever discouraged or rejectlowances had, he does not believe he shall appear to be indebted upon the said Accompts; and also denies that any persons are sufferers for want of their dues in respect of the said Accompts, or that the public service is, or hath been, any ways discouraged or discredited thereby, as in the said Article is alledged. ed the Company's request therein, unless it were by telling them that the Admiralty by law could not grant the same; and denies that the Company was ever denied Letters of Marque in common form, to the knowledge of the said Earl And saith, as to the matter of Kidd in this Article mentioned, he was gone upon his Expedition about 12 months before that time; and as to his Commission, and the Grant in the said Article mentioned, the said Earl humbly conceives, and is advised, the same were not contrary to law; but sure he is, the said Expedition was intended for the public good and service; and saith, the said Kidd had no Powers or Instructions from the Board of Admiralty, other than the ordinary and common III." To the Third Article, the said Earl answereth, and denies that he received any Monies whatsoever from the king of Spain, or any other person, as in the Article is alledged; and saith, That what wine, oil, or other provisions, were received from the king of Spain, or any others, for the Fleet, were duly delivered and distributed amongst the officers and seamen thereof; and denies he did convert the same to his own use, or did embezzle any of the Pro-Letters of Marque, the contents whereof are visions, or reckoned them, or any part of them, as bought with the money allowed for furnishing the Navy with fresh Provisions; and does also deny that he the said Earl did enjoy any Offices inconsistent in their nature (as he is advised) one with the other, or which were, or ought to be, Checks one upon the other; or that he any ways secured or pretended to secure himself from rendering any Account to the public, by any office or oilices whatsoever; or that he is guilty of the breach of any laws, to his knowledge, by executing any office or offices, or ever executing the same, to the dis-saith, he believes it to be true, that there was a honour of his majesty, or to the prejudice of his people, as in the said Article is alledged. 66 IV. To the Fourth Article, the said Earl answereth, and saith, He believes, that the Prizes taken in the late War were appropriated as by the act of parliament in that behalf is provided; but denies that he did, at any time, sell or dispose of any vessel or vessels, or their ladings or cargo, taken, as or under the pretence of Prize, by any of his majesty's ships of war, without condemnation or judicial proceedings, or converted the monies arising by Sale of any vessel or vessels, or their lading or cargo, taken, as or under pretence of Prize, by any of his majesty's ships of war, to his own use; but, on the contrary, did, from time to time, in his station, give orders, that the Prizes taken should be carefully preserved without embezzlement, and duly proceeded against, and the produce aus ered as the law directs; and therefore humbly insists, that the public hath been no ways endamaged, or the debts of the nation increased, by any neglect or default of the said Farl. V. "To the Fifth Article, the said Earl saith, That the East India Company, about the common, and weil known to merchants. And the said Earl doth deny, that he knew the said Kidd to be of ill fame and reputation; but in case the said Kidd hath committed any Piracies, he the said Kidd is answerable, and ought to answer for the same, he never being ordered by the said Earl so to do; nor had he ever any the least encouragement given him by the said Earl, or any other to his knowledge, to expect or hope for any protection therein, or in any illegal action done or committed by hian. VI. To the Sixth Article, the said Farl horrid and barbarous Plot and Conspiracy against his majesty's sacred person, and that there was an apprehension of an immediate Invasion; but the said Earl hopes no neglect of duty in his station can be imputed to him to prevent the same: And as for the ship Dutchess, which was, amongst many others, armed and equipped in defence of the realm, the said Earl saith, That the men, in the said Article mentioned to be taken from on board her, were but some of the very persons that were just before taken from on board captain Kidd, and returned by their own consent on board captain Kidd again, not being above 20 in number; and saith, all fears of the Invasion were then over and at an end: and denies that the saine was intended to weaken, or did weaken, the said ship or the Navy royal; or that the said seamen, so returning on board the said Kidd, were levied or provided at the expence of the public: or did return, or were put on board the said Kidd, against their own consent, or to the prejudice of the public security; or that the ship Dutchess was thereby endangered, if she had been attacked, as in the said Article is alledged. VII. "To the Seventh Article, the said him, That he is Not Guilty of all or any of Earl answereth, and denies that he did, by mis-them, or of all or any the matters or things representation or otherwise, obtain or procure by the said Articles charged, in manner and a Grant or Order for his majesty's ship Dolphin forin as the same are therein and thereby alto be employed in a private voyage or under- ledged against him; and that the matters by taking; but what was done therein was done him before set forth to be done and transactafter the Peace concluded, and by his majesty's ed, or any of them, were not done or comcommand, at the instance and request of other mitted by him the said Earl against our sovepersons, and not of the said Earl, but contrary reign lord the king, his crown or dignity, or the to his opinion; nor was the said Earl any way peace or interest of this kingdom, or in breach concerned in interest therein, till after his ma- of the trusts reposed in him the said Earl; and jesty's orders were given about the said ship; humbly submits himself herein to your lordand then, and not before, some of the per- ships Judgment. ORFORD." sons concerned in the said Adventure desired the said Earl to take some shares therein (the number whereof he doth not remember), which the said Earl accordingly did; but humbly insists, that his actings therein were not contrary to his duty, or the trust in him reposed, or the debts of the nation thereby increased. VIII. "To the Eighth Article, the said Earl answereth, and denies that at any time, while be commanded the Navy Royal, he did, through neglect or contempt of Orders, unnecessarily hazard or expose to danger the said Navy; and also denies that, upon any opportunity of taking or destroying the ships of the French king, he did, contrary to advice, or in disobedience to orders, neglect to do the same; and also denies that be did suffer or permit any of the French king's ships to return into their own harbours when he had opportunity to prevent the same; and humbly insists, he is not guilty of any neglect or omission of his duty herein, nor did expect in this particular to be charged therewith, considering his faithful services rendered against the French fleet. IX. "To the Ninth Article, the said Earl saith, he believes it to be true, that his majesty hath been engaged in several Alliances with several princes, and particularly with the Emperor in the year 1689; and that the end of those Alliances was, to prevent the Growth and Power of France, and to secure this kingdom and its allies; but the said Earl does deny that he did advise his majesty to enter into the Treaty of Partition charged upon the said Earl in this Article; and so far as the said Earl was any ways acquainted therewith, he objected to, and gave his opinion against, the same. X. "To the Tenth Article, the said Earl answereth and saith, That true it is, his majesty was pleased to employ and intrust him in the several Offices and Stations in this Article mentioned for several years, as his majesty's occasions required, although not for all the time in the said Article mentioned; and hopes, and humbly insisteth upon it, that he the said Earl did, from time to time, according to his duty and the trusts in him reposed, discharge the said offices and employments with loyalty, faithfulness, and zeal to his majesty and his people. And having thus laid his Case before your lordships; he the said Earl does humbly insist and answer to the said Impeachment, and all and every the Articles aforesaid exhibited against VOL. V. Articles of Impeachment against the Lord Sommers.] May 19. The Commous sent up by Mr. Harcourt the following Articles of Inpeachment against John lord Sommers, viz. "ARTICLES exhibited by the knights, citizens, and burgesses in pariament assembled, in the name of themselves and of all the commons of England, against Joux Lord SoмMERS, baron of Evesham, in maintenance of their impeachment against him for High Crimes and Misdemeanors. "I. That a Treaty and Alliance, between Leopold the emperor of Germany and the States General of the United Provinces, was made and concluded, in 1689, upon their consideration of the greatness of the common danger which then threatened all Christendom, from the excessive power of France, and the unconstant faith of the French in the observance of treaties; whereby it was agreed, that there should be, and remain for ever, a constant, perpetual, and inviolable friendship and good corespondence, between his Imperial majesty and the States General; that each of them should be obliged to promote the other's interest, and, as much as in them lay, prevent all damages and inconveniences to each other. That, during the continuance of the war, there should be, not only a defensive, but also an offensive alliance, between the said parties; by virtue whereof they should both of them act in an hostile manner, with all their forces by sea and land, against the French king, and such of his allies as should refuse to separate themselves from him.-That, after the war should be ended, and a peace concluded, there should remain, between his Imperial majesty, his heirs and successors, and the States General, a perpetual defensive alliance, against the crown of France and us adi.erents.-That, if the crown of France should again attack either of the said confederate parties, at what time soever the same should be done, they should faithfully assist each other.-That his Imperial majesty and the States General should at all times, by all means, with all their forces, protect and defend all the rights of each other, against the crown of France and its adherents.-And other Provisions were thereby made for their mutual security, as well during the continuance of the war, as after the conclusion of a peace. -That certain separate articles were ako at or about that time made, whereby the States 4 M ing on the monarchy of Spain situate on the coast of Tuscany, or the adjacent islands, conprehended under the name of Santo Stephano, Porto Hercolo, Orbitello, Telamone, l'orto Longone, Piombino, the town and marquisate of Final, the province of Guypuscoa, particularly the towns of Fontarabia and St. Sebastian, situate in that province, and especially the Port of the Passage, which is therein comprised, with several other parts and things of or belonging to the said kingdom of Spain, were allotted to the dauphin for his share; and the crown of Spain, and the other kingdoms, islands, states, countries, and places, depending thereon, (except such part as aforesaid, which was thereby allotted to the dauphin for his share, and the duchy of Milan, hereinafter mentioned;) was given and as the elector of Bavaria, for his share, to enjoy the same, to him, his heirs, and successors, for ever, never to be molested therein, or on any pretence of rights or claims on the part of the French king, or the dauphin, or his issue, heirs or successors; nor of the part of the emperor, the king of the Romans, the arch-duke Charles his second son, and other children, or his heirs and successors; and the dutchy of Milan was thereby agreed to be given to the said arch-duke for his share, and in extinction of all pretensions and rights, which the said emperor, the king of the Romans, the said archduke Charles, &c. nught have to the said Succession of Spain: by which Treaty it was also further agreed, that if any prince whatsoever should oppose the taking possession of the shares thereby agreed on as aforesaid, his majesty, the French king, and the States General should assist one another against such opposition, and hinder the same with all their power. General maturely considering that France had openly declared in several courts, that (notwithstanding the most solemn renunciation) they continued their pretensions, by force of arms, to assert for the Dauphin the Succession of the Spanish monarchy, in case the king of Spain should die without issue; and also considering what a blow their state would receive, and what a prejudice might happen thereby to the public affairs and quiet, did promise, that in case his said Catholic majesty should die without lawful issue, they would, with all their forces, assist his said Imperial majesty, or his heirs, in taking the Succession of the Spanish monarchy, lawfully belonging to that house, together with its kingdoms, provinces, dominions, and rights; and in their obtaining and securing the quiet possession thereof against the French, and their adherents, who should di-signed to the electoral prince, eldest son to rectly or indirectly oppose that Succession; and, with force, repel the force which should be brought against them :-That, at the instance of the States-General, in pursuance of the said Treaty, and separate articles, our most gracious lord and sovereign his most excellent majesty king William the third was invited to enter into the alliance of the aforesaid Treaty, and into the agreement of the said separate articles; and thereupon, for restoring and preserving the public peace and quiet, did afterwards, in the said year 1689, enter into, and, under the great seal of England, accept, approve, and ratify, and, in the most solemn manner, engage and promise religiously and inviolably to observe, the same, without violating the said Treaty, or separate Articles, in any article, or suffering the same, to the utmost of his power, to be violated:-That, in 1698, a Treaty was projected and contrived in France, to be set on foot between his majesty, the French king, and the States-General, for a Partition of the Spanish monarchy; whereby many large territories, thereunto belonging, were to be allotted and delivered up to France:-That the tenour and design of the said last-mentioned Treaty, whilst the same was in negotiation, was communicated to the said John lord Sommers, then one of the lords justices of England, lord chancellor of England, and one of his majesty's most honourable privy-council: That the said lord Sommers, well knowing the most apparent evil consequences, as well as the injustice, of the said Partition, did not, according to the trust and duty of his said several offices, dissuade, or endeavour to obstruct, its taking effect; but, on the contrary, having neither regard to his majesty's honour, engaged by the said Treaty with the emperor and States-General, as aforesaid, to the trade and known interest of this kingdom, or the peace of Europe, did advise his majesty to enter into the said Treaty; and did so far encourage and promote the same, that the said Treaty was concluded, and ratified under the great seal of England, then in the custody of the said lord Sommers; and thereby the kingdoms of Naples and Sicily, the places depend "That, by a secret Article of the said Treaty, in like manner ratified under the great seal of England, it was provided, That, if the king of Spain should die without issue, and the electoral prince of Bavaria should afterwards die without issue, his electoral highness of Bavaria, his father, should succeed him in all the kingdoms, islands, states, countries, and places, assigned to the electoral prince as aforesaid, and enjoy the same, to him, and his children, successors and heirs, then born, or to be born, so as neither the emperor, his chitdren, nor any other person, should or might, under any pretext, form the least pretension to that Succession; his majesty, the French king, and States General thereby engaging themselves to employ all their power, by land and by sea, for maintaining the order established by the said secret Article, relating to the Succession of the monarchy of Spain. That the said Treaty was ratified under the great seal of England (then in the custody of the said lord Sommers), as an agreement ketween his majesty, the French king, and States General, notwithstanding the said lord Sommers well knew that the same had been cʊn |