him, under the great seal of England, with blanks for the names of commissioners to treat with count Tallard, which his majesty, by his said letter, was pleased to say, "He believed might be done secretly; that none but the lord Sominers and Mr. Secretary Vernon, and those to whom the said lord Sommers and Mr. Secretary should communicate it, might have knowledge thereof; and that the clerks who were to write the full powers might not know what they were,” or to the like effect. And the said lord Sommers did immediately return the earl of Portland's said letter to Mr. Secretary Vernon, and desired him to communicate the contents thereof to the earl of Orford and the now lord Halifax (two of the then lords justices, who, as he was assured, were then in town), and also to such others as they and Mr. Secretary Vernon should think fit; who, insured, his majesty would reduce the terms as regard of the king's command to have that affair kept a secret, thought fit to impart it to the duke of Shrewsbury only (as the said Mr. Secretary afterwards acquainted the said lord Sommers); and some time afterwards the said lord Halifax came down to the said Wells, and Mr. Secretary Vernon coming thither also about the same time, they and the said lord Sommers had discourse together, concerning the said proposal. And the said lord Sommers, by letter dated 28th August, 1698, did (as his own thoughts, and as what he apprehended to be the result of their consideration) humbly represent to his majesty, 1st, That the entertaining of such a proposal as was mentioned by count Tallard seemed to be attended with very many ill consequences, if the French did not act a sincere part; but that they were soon at ease as to any apprehension of that sort, being fully assured, his majesty would not act but with the utmost niceness, in an affair wherein his glory and the safety of Europe was so highly concerned: That the 2nd thing they considered, was the very ill prospect of what was like to happen upon the death of the king of Spain, in case nothing was done previously towards the providing against that accident, which seemed probably to be very near, the king of France then having so great a force in such a readiness, that he was in a condition to take possession of Spain before any other prince could be ready to make a stand: That his majesty was the best judge whether that was the case, who was so perfectly informed of the circumstances of all parts abroad; but so far as related to England, it would be want of duty, not to give his majesty this clear account, That there was a deadness and want of spirit in the nation universally, so as not at all to be disposed to the thoughts of entering into a new war; and that they seemed to be tired out with taxes, to a degree beyond what was discerned, until it appeared upon the occasion of the then late elections: That that was the truth of the fact, upon which his majesty would determine what resolutions were proper to be taken. The remaining consideration was, what would be the condition of Europe if the pro-ed to be done by his majesty, as aforesaid, and posal took place? But of that they thought themselves little capable of judging; but it seemed, that, if Sicily was in the French hands, they would be entirely masters of the Levant trade; that, if they were possessed of Finall, and those other sea ports on that side (whereby Milan would be intirely shut out from relief by sea or any commerce), that dutchy would be of little signification in the hands of any prince; and that, if the king of France had possession of that part of Guypuscoa which is mentioned in the proposal, besides the ports he would have in the ocean, it did seem he would have as easy a way of invading Spain on that side as he then had on the side of Catalonia: but it was not to be hoped that France should quit its pretensions to so great a Succession, without considerable advantages; and they were aslow as could be done, and make them, as far as was possible in the then present circumstances of things, such as might be some foundation for the future quiet of Christendom, which all his majesty's subjects could not but be convinced was his true aim; and, if it could be brought to pass, that England might be Some way a gainer by that transaction, whether it was by the elector of Bavaria, who was the gainer by his majesty's interposition in that Treaty, his coming to an agreement to let the English into some trade to the Spanish plantations, or in any other manner, it would wonderfully endear his majesty to his English subjects. -That it did not appear, in case the negotiation should procecd, what was to be done on his majesty's part, in order to make it take place; whether any more was required, than that the English and Dutch should sit still, and France itself was to see it executed; and, if that were so, what security ought to be expected; that if, by their being neuters, the French should be successful, they would confine themselves to the terms of the Treaty, and not attempt to make further advantages of their success? And the said lord Sommers saith, That, after the writing of his said letter, he had no account whatsoever, nor heard any thing, of the said Treaty, or knew or heard, whether the same was proceeded upon, or not, until towards the latter end of Sept. following, when he was acquainted by Mr. Secretary Vernon, that he had received an account, that a Treaty relating to the Succession of the crown of Spain, had been adjusted, concluded, and signed, by the commissioners named by his majesty for that purpose, and the ambassador and plenipotentiary of the French king: and the said lord Sommers doth deny, that the said Treaty of Partition, or any proposition for such Treaty, or the transaction thereof, was communicated to him the said lord Sommers; nor was he acquainted with the same, or the design thereof, or any other matter relating thereto, at any other time, or in any other manner, before he was told of the concluding and signing thereof, as aforesaid, than as is herein before-mention by his and the said earl of Portland's letter executing the said power, the same noways herein before-mentioned and the said lord concerning the lord Sommers, he knows not: Sommers doth deny he did, at any time what- and the said lord Sommers saith, he did desire soever, advise his majesty to enter into the his majesty, that a particular warrant for the said Treaty, or any-way encourage or promote said commission, which had been before sent the same; but, having made, the objections be- by Mr. Secretary Vernon to his majesty, as he fore mentioned, in his said letter to his majes- informed the said lord Sommers, for his signty, against the propositions so communicated ing, might be signed, and returned; not that to him as aforesaid, and clearly laid open such he doubted his majesty's said letter to be a thoughts and observations as occurred to him sufficient warrant, but for that such warrant upon the said matter, he did thereby, as he might be more proper to be produced, if occaconceived, fully and faithfully discharge hission should require, than his majesty's said trust, and the duty incumbent on him and letter; which, by reason of other matters therethe said lord Sommers further saith, That after- in contained, ought not to be produced withwards Mr. Secretary Vernon did acquaint him, out his majesty's perinission, and which is now that he had received, by his majesty's com- made use of by his majesty's gracious leave: mand, a copy of the Treaty relating to the and the said lord Sommers further saith, That Succession of the crown of Spain, and of two his majesty having, by his own and the earl of secret Articles relating to the matter of that Portland's letter before mentioned, directed, Treaty; and that he had likewise his majesty's that his majesty's said commands should be command to prepare the instruments for the kept secret, he did not communicate the makratification of the same, and to leave blanksing of the said commission, otherwise than to therein for the names of the commissioners of the persons mentioned in his answer to the the States General; and accordingly the said said 1st Article. Mr. Secretary did prepare the said several instruments, and did bring the same, so prepared, to the said lord Sommers, to pass the same under the great seal; which was done accordingly, the said lord Sommers ́ having a good and lawful warrant so to do; and the said ratification was transmitted to his majesty, to have the same perfected in his presence: which Treaty, and secret Articles, were to such or the like effect as in this Article is set forth; but, for more certainty, he refers himself to the said Treaty and Articles. And the said lord Sommers, not being privy, in any other manner than as aforesaid, to the said Treaty, or the transaction thereof, doth not know when, or in what manner, the same was communicated to the States General. "II. & II. To the 2nd and 3rd Articles, the said lord Sommers saith, That he having received his majesty's express commands, by his letter mentioned in his answer to the 1st Article, to send to his majesty full powers, under the great seal of England, for negotiating the said Treaty, with blanks for his majesty's commissioners names; which, he humbly conceives, and is advised, was a sufficient warrant for him to pass a commission under the great seal for that purpose; and the same being prepared in usual form of commissions of full powers, with blanks for commissioners names, according to his majesty's direction, he did affix the great seal to the same; and the said commission was sent to his majesty, then in Holland, to be perfected in his presence, by inserting the names of such persons as his majesty should think fit to commissionate therein, as, he conceives, might legally be done; which commissioners were to receive their instructions from his majesty for the execution of their said power, together with the said commission, in usual manner: but what instructions, or whether any instructions, in writing, were given to the commissioners, in relation to the VOL, V. "IV. To the 4th Article, he saith, That Mr. Secretary Vernon having prepared, by his majesty's command, the instruments for ratification of the said Treaty, with blanks therein, as is before set forth, he did affix the great seal to the said ratification with such blanks; which, he conceives, and is advised, he might lawfully do: and, having also his majesty's command, that the said Treaty should be kept secret, he did not communicate the saine to the rest of the then Lords' Justices, or his majesty's Privy Council; which, besides, he conceived, was unnecessary to be done, in regard his majesty had then, by his commissioners, perfected the said Treaty; so that the same could not be altered. "V. To the 5th Article, the said lord Sommers saith, He believes, that, in the year 1699, another Treaty was entered into, and concluded, between his majesty, the States General, and the French king, to such or such-like effect as in this Article is mentioned, to which Treaty, for more certainty thereof, he referreth himself: and denieth, that he had any knowledge of such Treaty, or any transaction in order thereunto; save only that a draught of the said Treaty was read over in the presence of divers of the lords of his majesty's privy-council, whereof the said lord Sommers, as well as others then present, did make several objec tions; but they were informed by his majesty's plenipotentiaries for transacting the said Treaty, who were then also present, That the said Treaty was so far perfected, that nothing could then be altered therein; and his majesty afterwards, by his warrant, requiring the ratifying of the said Treaty under the great seal, he did affix the great seal to such ratification, being, as he conceives, obliged so to do. "VI. To the 6th Article, he saith, He conceives it was not incumbent upon him, as Lord Chancellor, to see the commissions or ratifications, in this Article mentioned, inrolled; the 4 N same being prepared, and brought to the great as in the said article is mentioned; but the seal, by the secretaries of state, ready ingross-same was, and is, far short of the value thereed; and, when sealed, taken away by them, and the origmal Treaties remaining in their custody; but the care of inrolling the same, if necessary, doth, as he conceives, belong to the prothonotary of the court of chance. y.. by suggested: and the said lord Sommers further saith, he never pretended to purchase, in his own name, or in the name or names of any other person or persons in trust for him, any of the fee-farm rents, or other rents, vested in trustees for sale; but his majesty taking notice, that several of the said fee-farm rents, and other rents, so vested in trustees, were unsold; and the said trustees being, by the acts of parliament vesting in them the said rents, declared to hold the same for the benefit of his majesty, his heirs and successors; his majesty did, in the year 1697, of his own motion, without any solicitation, procurement, or means, used by the said lord Sommers, acquaint the then Lords Commissioners of the Treasury, or some or one of them, that it was his majesty's pleasure, that 2,100l. per annum of those rents should be granted to, or for the benefit of, the said lord Sommers, and his heirs; and that all proper methods should be used for vesting the same for his benefit, as of his majesty's free gift; and the said acts of parliament having directed, that the said trustees on sales should convey the said rents pursuant to contracts to be signed by the Lord Treasurer, or Lords Commissioners of the Treasury, for the time being, or any two of them, for the satisfaction of the said trustees only; and according to the me "VII. To the 7th Article, he saith, That, when the great seal was committed to his custody, he took the oath of office to the effect in that Article set forth; and, during the time he had the custody thereof, he did carefully, diligently, and honestly, endeavour to keep the said oath; and hopes and believes he hath duly observed the same; and doth acknowledge, That, during the time he was Lord Keeper and Lord Chancellor, he did pass several grants to divers persons of several lands, tenements, and hereditaments, belonging to his majesty in right of his crown of England; but saith, That, before any of them came to the great seal, the same were regularly passed through the proper offices, and brought, with .sufficient warrants, for the great seal; and believes more considerable grants have passed, in the like number of years, in most of his predecessors times; and conceives, and is advised, that, being required by his majesty, by proper warrants, to pass the same, he ought so to do: and denies, That he did ever advise, promote, or procure, any grant to be made to any person whatsoever, of any forfeited estate in Ire-thod that had been used, from the time of land, or did procure any act or bill prepared for confirming any such grant in the parliament in Ireland, to be approved in the Privy Council in England: and saith, That, what bills of this nature were remitted under the great seal of England, to be passed into laws in Ireland, the same were first approved, and passed, in the Privy Council in England, according to the usual form in such cases; and, being so approved, were, by order of council, sent to the said lord Sommers; who was, by the said order, required to affix the great seal thereto. "VIII. To the 8th, he saith, he did, during the time he had the custody of the Great Seal, receive the profits and perquisites thereto be longing, which, before his time, were become very inconsiderable; and did also receive an annual pension or allowance from his majesty of 4000l. being the like pension that had been allowed to several of his predecessors: but denies, that he did ever beg, or use any means to procure, any grant whatsoever from his unajesty, for his own benefit: but saith, that what his majesty was pleased to give him proceeded from his majesty's own motion, and of his mere bounty, and as his majesty was pleased to declare upon that occasion, as an evidence of his gracious acceptation of the said lord Sommers's zealous endeavours for his service; and the same was done without any previous solicitation by him the said lord Soumers, or any other to his knowledge or belief; and that, in the year 1697, his majesty, of his own motion, did grant for the benefit of the said lord Sommers, the manor or manors of Rygate and Howley, | making the said acts, in passing grants of any of the said rents, even such as were merely of the bounty of his majesty's predecessors, and of his majesty: such warrants were made by his majesty to the Lords Commissioners of the Treasury to contract, or give warrants to the trustees to contract, for the said rents; and such contracts were pursuant thereunto made; and such grants of the said rents were passed, as in the said article is mentioned; and the money, mentioned in such contracts, was, for the perfecting of his majesty's said intended free gift, discharged by tallies struck for that purpose: and the said lord Sommers saith, the said contracts were not intended or designed to inake the grantees of the said rents appear to be purchasers; but the said lord Sommers always acknowledged he received the said grants of his rajesty's bounty; and, he humbly conceives, it was lawful for him so to accept the same. "IX & X. To the ninth and tenth articles the said lord Sommers saith, that, after his majesty had given such direction to the lords of the treasury for granting fee-farm rents, and other rents, to the yearly value aforesaid, for the be eit of the said lord Sommers, and his heirs, and after warrants were signed by the lords of the Treasury to the said trustees, for making contracts for conveying rents of the said yearly value, for the benefit of the said lord Sommers, it did appear, that the said intended contracts and grants could not be perfected; for that neither the Lords of the Treasury, nor the said trustees, were sufficiently informed what fee farm rents, or other rents, remained undisposed mers, and his heirs, fee farm and other renis, of; so that the whole benefit of his majesty's to the annual value in the said grants menintended bounty would have been lost, without tioned; and the said trustees having cove information could be granted of such particular nanted, as was usual for them to do, that they' rents and the said lord Sommers being in- had bot made any former or other grant or formed, that Reginald Marriott, and John conveyance of the said rents, or any of them; Digby, in this article named, were the most and 3474. 11s. 34d. per annum of the sud likely, if not the only, persons capable to give rents, so granted as aforesaid, having apinformation therein, application was made to peared to be granted before, or not to be them for that purpose; and the said Marriott and grantable, by the said trustees, or not leviaDigby, being so applied to after the said war-ble on surrender of such rents; the said trusrants of his majesty, and the said lords of the tees, by warrant of the lords commissioners of treasury, were executed, as aforesaid, did refuse his majesty's treasury, who were therem to sufto give any account of such rents, unless they ficiently authorized, in lieu and satisfaction of might have, as a reward for their so doing, rents the said rents, and arrears thereof, and in disamounting to near a fourth part of such rents, charge of the covenants of the said trustees, whereof they should give such account, con- did, the 21st day of October 1699, graut diveyed in trust for them, in such manner as in vers other rents, amounting to the yearly value the said article is mentioned; which the said of 391/. Os. 34d. to Richard Adney, and bis lord Sommers did, as, he conceives, he law fully heirs, as in the said article is mentioned, which might, it being only to his own loss and preju- were not so granted, as if the said yearly rents dice, comply with; not in order to any such of 3471. 11s. 34d. had been, bona fide, purend as is suggested in the said article, but chased, but was in lien and reprize for the same that he might perfect the grant before designed as granted of his majesty's bounty, for the beand appointed to be made to him by his ma-nefit of the said lord Sommers, and his heirs, jesty of his own free will, and not at the said as aforesaid; which, he conceives, might be, lord Sommers's solicitation; the discovery of and was, lawfully done. any of the said rents not being made by the said Marriot and Digby, or any other person, til after the said warrants of his majesty, and the lords of the treasury, as aforesaid; and accordingly the several grants, in this article mentioned, were made to Hancock and Warner, in trust for the said Marriott and Digby, as was affirmed to the said lord Sommers: and the said lord Sommers saith, there was not any sum of money paid as the consideration of the grants of the said rents; but the contracts were made, and the payment of the several considerations thereof were discharged, in the manner and for the reasons, herein before set forth; and were not colourably or fraudulently contrived, in deceit of his majesty, or elusion of the said acts of parliament. | "XI. To the eleventh article the said lord Sommers saith, he believeth, that several of the rents, mentioned to be granted in trust for him, as aforesaid, had been before granted to other persons by the said trustees; and that others of them were not in the power of the said trustees to grant; which was, and is, very much to his prejudice: and believes the same were inserted by mistaken informations given touching the same, and not out of any design and the like mistakes have frequently happened in other grants of other of the said rents: and denies, that to his knowledge or belief, any of the said rents, so granted for his benefit, were' ever united or annexed to the castle of Windsor for any purpose whatsoever, or that any, oppression or vexation hath happened to any of his majesty's subjects, by reason of the granting of any of the said rents, and as he believes, little or no new charge to the crown. "XII. To the twelfth article the said lord Sommers saith, that, his majesty having designed, of his bounty to him the said lord Som "XIII. To the Thirteenth Article the said lord Sommers saith, He doth admit, that, in the year 1695, he then being Lord Keeper of the Great Seal of England, his majesty, being informed, as the truth was, that Thomas Too, John Irelaud, Thomas Wake, and William Maze, and several other of his majesty's subjects in his plantations of America, had associated themselves, and did frequently commit great piracies, robberies, and depredations, on the seas in the parts of America, and other parts, to the hindrance and discouragement of trade and navigation for preventing the said mischiefs, did grant a commission, as in this article is mentioned, unto William Kidd in this article named, (who was the commander of the ship called the Adventure-Gally, and was not then, to the knowledge or belief of the said lord Sommers, esteemed a person of ill fame or reputation), to apprehend, seize, and take into his custody, the said Thomas Too, John Ireland, Thomas Wake, and William Maze, and all such other pirates as he should meet with, in the seas of America, or any other seas, with their ships and vessels, and such merchandizes, monies, and wares, as should be found on board or with them and to cause such pirates to be brought to a legal trial; the granting of which commission was then apprehended to be necessary for the preservation of trade and navigation: And the said lord Sommers doth also admit, that a grant, dated the 27th of May 1697, did pass under the Great Seal of England, as in this article is mentioned; whereby, reciting the said commission so granted to the said William Kidd, and that the said Adventure Galley was, with his majesty's knowledge and royal encouragement, bought and fitted out to sea for the execution of the said commission, at the charge of the earl of Bellamont, Edmund "XIV. To the fourteenth article; the said lord Sommers saith, He did not delay any proceedings, in any cause or causes depending before him as Chancellor of England, longer or otherwise than as the circumstances and justice of each cause required; but did, to the very manifest impairing of his health, constantly apply himself to the dispatch of the causes depending before him; and denies that he did ever make, by colour of his office, any arbitrary or illegal order, to the subversion of any law or statute of this realm; or did ever assume to himself any arbitrary or illegal power, or ever reverse any judgment given in the court of exchequer, otherwise than as is warranted and allowed by the law, and in the presence of the barons of the court of exchequer, who were always present in the court of exchequer chamber when their judgments were examined, as the statute in such cases directs; nor did ever deliver, in any court of judicature, or other place whatsoever, any position whatsoever, dangerous to the legal constitution of the kingdom, or destruct ive to the property of the subject, as is charged by the said article. Harrison, Samuel Newton, William Rowley, discharged the trust in him reposed by his maGeorge Watson, and Thomas Reynolds in thisjesty and the said grantees; which he failing article named, His majesty for encouraging to do, the owners of the said ship have lost and rewarding the said undertaking, did grant their expences, and have not received any unto the said earl of Bellamont, Edmund Har- benefit of his majesty's said grant. rison, William Rowley, George Watson, Tho. Reynolds, and Samuel New ton (who was named by and in trust for the said lord Sommers), their executors and administrators, all and whatsoever ships, vessels, goods, merchandizes, treasure, and other things whatsoever, which since the 30th of April 1696, had been taken or seized upon or with, or did belong to, or should happen to be taken or seized upon or with, or which did or should belong to, the said Tho. Too, John Ireland, Tho. Wake, and W. | Maze, or their adherents, or any other pirates, by the said W. Kidd, or other commanders of the said Adventure Galley, or which by or by means of the said ship or galley should be taken, or forced on-shore, on any of his majesty's plantations in America, so far as the said premises, or any of them, did, should, or might, belong to his majesty, or could or might be granted or grantable by him, or was or were in his power to dispose of: Which grant was not intended to be without an accompt; for the said lord Sommers saith, That, by indenture, bearing date the 22d of May 1697, made (after the warrant for the said grant was signed, and before it was past) between his majesty of the one part, and the said earl of Bellamont, Edm. Harrison, W. Rowley, George Watson, Tho. Reynolds, and Samuel Newton, of the other part; they the said earl of Bellamont, &c. did covenant, promise and agree, with his majesty, his heirs and successors, well and truly to account for, and deliver upon oath, to the use of his majesty, his heirs and successors, or the commissioners of his or their Treasury, or his or their High Treasurer, a clear tenth part, the whole in ten equal parts to be divided, of all and every such ships. vessels, goods, merchandizes, and other things whatsoever, which in and by the said Grant should be given, or which should from time to time be taken, or seized, or secured, by them, or any of them, their or any of their executors or administrators, officers, agents, servants, or assigns, by virtue or colour thereof; to which grant and indenture the said lord Sommers for more certainty referreth himself. And further saith, He conceives, and is advised that the said Grant did not any way tend to the obstruction or discouragement of trade or navigation, or to the loss or prejudice of merchants, or others his majesty's subjects, or the subjects of his friendsors; and there being as yet no par icular Artior allies, nor to the dishonour of his majesty or the kingdom; nor was the passing of the same any breach of the duty of the said lord Sommers: but the said grant was formed as a recompence to the said Grantees, who, at their own charge, had provided and fitted out the said ship, to enable the said W. Kold to execute the powers in the said commission mentioned, whereby the public might have received great benefit, had the said W. Kidd faithfully | "And as to all other matters and things in the said articles contained, and not hereinbefore particularly answered, unto; the said lord Sommers saith, he is not guilty of them, or any of them, in manner and form as the same are charged upon him in and by the said articles; and humbly submitteth himself to your lordships judgment. SOMMERS." Second Message from the Lords.], A copy of the lord Sommers's Answer was with great dispatch delivered to the Commons on May the 24th. In the mean time, on the 21st, the lords had sent down this second Message: "Mr. Speaker, the lords command us to acquaint this house, that their lordships having been desired by the earl of Orford, that a day might be appointed for his speedy Trial, their lordships finding no issue joined by Replication of this house, think 'fit to give notice thereof to this house: They also commanded us to acquaint this house, that they having, on the 1st of April last, sent up an Impeachment to their lordships, against Wm. earl of Portland, for high Crimes and Misdemeanors; and having also, on the 15th of the same month, impeached Charles lord Hallifax, for high Crimes and Misdemean cles exhibited against the said lords, their lordships think themselves obliged to put this house in nind thereof; which, after Impeachments have so long depended, is not agreeable to the usual methods and proceedings of parlaments in such cases." Replication of the Commons to the Earl of Orford.] The Commons then prepared this Replication to the earl of Ortord's Answer: "The Commons have considered the Answer |